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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House siiNno. 4071

Introduced by Representative Alfred Delos Santos

EXPLANATORY NOTE

Organ donation is a sensitive and precarious topic amongst common
citizens. The idea that one’s body part would be sued for the preservation of
another's life is even still considered taboo by some religions found in the
Philippines. However, what cannot be denied is that modern medicine had
significantly increased the potential for human longevity and the value of this
medical breakthrough.

However, this medical breakthrough had introduced our society to
challenges it had not faced before. Currently, the procedures on organ
transplantation are largely concentrated in Metro Manila given that the hospitals
there are capable of handling such a delicate procedure. This life-saving procedure
remains out of the reach of probinsyanos given the lack of appropriate facilities to
perform the necessary operations for transplantation.

Current times have also shown that the need for organ donors had driven
some to less honorable pursuits. From idiomatic expressions on how one should
sell a kidney to afford certain things, to the very real danger of crime syndicates
kidnapping individuals to forcefully harvest their organs. These social expressions
have shown that like most things today, human organs have indeed been
commodified. Although the law puts human body parts as outside the commerce of
man and punishes those who do so, there is still much to be done for organ
harvesting operations still exist.

These challenges on ethics and access require a very specific set of skills and
expertise. That is why there is a need for a government instrumentality specifically
geared towards providing and recommending appropriate policy measures for organ
donation and transplantation.

It is for these foregoing premises that the approval of this bill is earnestly
sought.

< DELOS SANTOS
Representative, binsyano Party List

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session
4071

HOUSE BILL NO.

Introduced by Representative Alfred Delos Santos

AN ACT
ESTABLISHING A PHILIPPINE BOARD ON ORGAN DONATION AND
‘TRANSPLANTATION AND APPROPRIATING FUNDS THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Philippine Board
‘on Organ Donation and Transplantation Act”

SECTION 2. Declaration of Policy. - It is hereby declared a policy of the State
to be more proactive in addressing the issues surrounding organ donations and
transplantations; pursuant to its constitutional mandate to protect and promote
the right to health of people and instill health consciousness among them.

SECTION 3. Philippine Board for Organ Donation and Transplantation
(PBODT). - There is hereby established a Philippine Board for Organ Donation and
Transplantation which shall formulate and oversee the implementation of policies
related to organ transplantation. It shall be referred to in this Act as the Board.

SECTION 4. Functions of the Board . - The Board shall have the following
functions:

a) Formulate, review, and approve policies in support of a rational, ethical,
accessible, and equitable organ donation and transplantation program in
the Philippines;

b) Set up a system of accreditation of transplant facilities and approve the
issuance of a Certificate of Accreditation of transplant facilities;

©) Set the guidelines and overall monitoring and evaluation framework and
ensure that the policy of this Act is properly implemented;

d) Formulate national ethics standards or guidelines on organ donation and
transplantations;

¢) Require the submission of reports from government and non-government
agencies concerned with the conduct of programs, projects, and policies
relating to organ donation and transplantation;

f) Gather and collate data on the current status of organ donation and
transplantation in the country to formulate policies to match supply and
demand of life-saving organ donations;

g) Submit periodic reports to Congress on the status of organ donation and
transplantation in the country;


h) Perform such other duties, functions, and responsibilities as may be
necessary to effectively attain its objectives.

SECTION 5. Composition of the Board. ~The Board shall be composed of the
following:

a) Secretary of Health

b) Secretary of Social Welfare and Development

c) Representative from a government transplant facility on a rotational basis
and for a term of two (2) years, to be appointed jointly by the
chairpersons

d) Representative from a private transplant facility, on a rotational basis
and for a term of two (2) years, to be appointed jointly by the
chairpersons;

¢) Expert on bioethics, on a rotational basis and for a term of two (2) years,
to be appointed jointly by the chairpersons.

The Board shall be co-chaired by the Secretary of Health and the Secretary
of Social Welfare and Development. The Board shall be assisted by a secretariat to
be composed of personnel that may be seconded from the Departments involved.
‘They may also retain consultants and other employees as the need arises.

SECTION 6. Honoraria or Emoluments. - The Members of the Board or their
designated permanent representatives shall receive honoraria or emoluments as
may be determined by the Board in accordance with existing budget and generally
accepted accounting rules and regulations.

SECTION 7. Adoption of Board Rules and Regulations.- In aid of its oversight
functions, the Board shall adopt its own internal rules of procedure, conduct
investigations and receive testimonies, reports, and technical advice, invite, or
summon any public official, private citizen, or any other person to appear before it,
or require any person to produce documents or other materials as it may need.

SECTION 8. Appropriation. - Congress shall appropriate the amount of Fifty
Million pesos (P50,000,000.00) for the initial implementation of this Act. After the
initial implementation, the amount necessary to carry out the Program is hereby
authorized to be appropriated under the regular budget of the Department of
Health.

SECTION 9. Implementing Rules and Regulations. ~ The Board shall convene
within sixty (60) days from the effectivity of this Act and shall promulgate the
necessary implementing rules and regulations within six (6) months thereafter.

SECTION 10. Repealing Clause. - All laws, decrees, executive orders, and
proclamations, rules and regulations or parts thereof inconsistent with this Act, are
hereby amended or modified accordingly.

SECTION 11. Separability Clause. - If any provision of this Act is held invalid
or unconstitutional, the remaining parts or provisions not affected shall remain in
full force and effect.

SECTION 12. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,