Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

83°78

House Bill No.

Introduced by AKBAYAN Representative Tomasito S. Villarin

EXPLANATORY NOTE

HIV incidence in the country has reached alarming levels. In fact, the World
AIDS Report shows that the Philippines is one of only nine (9) countries ~ out of
the 186 covered — that registered a >25% increase in new HIV infections. By
2016, as per the June 2016 HIV/AIDS and ART Registry in the Philippines
(Epidemiology Bureau, DOH), the infection rate is now 26 people per day.

From January 1984 to June 2016, there were a total of 34,999 cases HIV cases
reported in the Philippines. However, if the current trend in HIV infection were
to continue unabated, we would see a total of 57,236 HIV cases by the end of
2017.

‘The strategies, approaches and mechanisms provided by Republic Act 8504, or
the Philippine AIDS Prevention and Control Act of 1998 will no longer suffice
RA 8504 was a policy put in place at a time when we were not yet armed with
the foresight over the extent to which infection rates especially among at-risk
populations, could be ascertained yet.

But our current context has revealed a weakness in the government’s ability to
respond to this growing threat. Indicators such as uptake in counseling and
testing services, as well as low rates of condom use, translate into a
vulnerability which implies the specter of a public health emergency of
proportions for which we are not prepared.


The urgency of the situation requires a new and updated legal framework to
equip government and all other stakeholders with a refreshed and expanded
mandate to institute more comprehensive and inclusive strategies on
prevention and treatment.

‘This proposed new legal framework therefore seeks to address the gaps
between the existing HIV and AIDS law and the new realities facing us today.
Hence, the prompt passage of this bill is earnestly sought.

¥
TO! ITO S. VILLARIN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 3978

Introduced by AKBAYAN Representative Tomasito S. Villarin

AN ACT
STRENGTHENING THE PHILIPPINE COMPREHENSIVE POLICY ON
HUMAN IMMUNODEFICIENCY VIRUS (HIV) AND ACQUIRED
IMMUNE DEFICIENCY SYNDROME (AIDS) PREVENTION,
TREATMENT, CARE AND SUPPORT, AND ESTABLISHING THE
PHILIPPINE NATIONAL HIV AND AIDS PLAN, REPEALING FOR
THE PURPOSE REPUBLIC ACT NO. 8504, OTHERWISE KNOWN AS.
THE “PHILIPPINE AIDS PREVENTION AND CONTROL ACT OF
1998”, AND APPROPRIATING FUNDS THEREFOR

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
HIV and AIDS Policy Act”.

SEC. 2. Declaration of Policy. - The Human Immunodeficiency Virus
(HIV) and Acquired Immune Deficiency Syndrome (AIDS) are public
health concerns that have wide-ranging social, political, and economic
repercussions. Responding to the HIV and AIDS epidemic is the
imbued with public interest.

Accordingly, the State shall:

a. Establish policies and programs to prevent the spread of HIV
and deliver treatment, care, and support services to Filipinos
living with HIV in accordance with evidence-based strategies
and approaches that follow the principles of human rights,
gender-responsiveness, and meaningful participation of
communities affected by the epidemic;

b. Adopt a multi-sectoral approach in responding to the HIV
epidemic by ensuring that local communities, civil society
organizations, and persons living with HIV are at the center of
the process;


. Remove all barriers to HIV and AIDS-related services by

eliminating the climate of stigma that surrounds the epidemic
and the people directly and indirectly affected by it; and

Positively address and seek to eradicate conditions that
aggravate the spread of HIV infection, which include poverty,
gender inequality, prostitution, marginalization, drug abuse and
ignorance.

Respect for, protection of and promotion of human rights are
the cornerstones of an effective response to the HIV epidemic.
The meaningful inclusion and participation of persons directly
and indirectly affected by the epidemic, especially persons living
with HIV, are crucial in eliminating the virus. Thus, unless
otherwise provided in this Act, the confidentiality, anonymity,
and non-compulsory nature of HIV testing and HIV-related
testing shall always be guaranteed and protected by the State.

Policies and practices that discriminate on the basis of
perceived or actual HIV status, sex, gender, sexual orientation,
gender identity, age, economic status, disability and ethnicity
hamper the enjoyment of basic human rights and freedom
guaranteed in the Constitution and are deemed inimical to
national interest.

SEC. 3. Definition of Terms. ~ As used in this Act:

1.

Acquired Immune Deficiency Syndrome (AIDS) refers to a health
condition where there is a deficiency of the immune system that
stems from infection with HIV, making an individual susceptible
to opportunistic infections;

. Antiretroviral (ARV) refers to the treatment that stops or

suppresses viral replication or replications of a retrovirus like
HIV, thereby slowing down the progression of infection;

Civil society organizations (CSOs) refer to groups of
nongovernmental and noncommercial individuals or legal
entities that are engaged in non-coerced collective action around
shared interests, purposes and values;

. Community-based research refers to research study undertaken

in community settings and which involve community members
in the design and implementation of research projects;

. Compulsory HIV testing refers to HIV testing imposed upon an

individual characterized by lack of consent, use of force or
intimidation, the use of testing as a prerequisite for employment


or other purposes, and other circumstances when informed
choice is absent;

6. Discrimination refers to unfair or unjust treatment that
distinguishes, excludes, restricts, or shows preferences based
on any ground such as sex, gender, age, sexual orientation,
gender identity, economic status, disability, ethnicity, and HIV
status, whether actual or perceived, and which has the purpose
or effect of nullifying or impairing the recognition, enjoyment or
exercise by all persons similarly situated, of all rights and
freedoms;

7. Evolving capacities of children refer to the concept enshrined in
Article 5 of the Convention of the Rights of the Child recognizing
the developmental changes and the corresponding progress in
cognitive abilities and capacity for self-determination undergone
by children as they grow up, thus requiring parents and other
charged with the responsibility for the child to provide varying
degrees of protection and to allow their participation in
opportunities for autonomous decision-making in different
contexts and across different areas of decision-making.

8. Gender identity refers to a person’s internal and individual
experience of gender that may or may not correspond with the
sex assigned at birth, including the person’s sense of the body,
which may involve, if freely chosen, modification of bodily
appearance or function by medical, surgical and other means,
and experience of gender, among them, dress, speech, and
mannerism;

9. Harm reduction refers to evidence-based policies, programs and
approaches that aim to reduce transmission of HIV and its
harmful consequences on health, social relations and economic
conditions;

10. High-risk behavior refers to a person's frequent
involvement in certain activities that increase the risk of
transmitting or acquiring HIV;

1. Human Immunodeficiency Virus (HIV) refers to the virus, of
the type called retrovirus, which infects cells of the human
immune system - mainly CD4positiveT cells and macrophages-
key components of the cellular immune system - and destroys
or impairs the cells’ function. Infection with HIV results in the
progressive deterioration of the immune system, leading to
immune deficiency;

12. HIV counseling refers to the interpersonal, dynamic
communication process between a client and a_ trained

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counselor, who is bound by a code of ethics and practice, to
resolve personal, social, or psychological problems and
difficulties, whose objective, in the context of an HIV diagnosis,
is to encourage the client to explore important personal issues,
identify ways of coping with anxiety and stress, and plan for the
future (keeping healthy, adhering to treatment, and preventing
transmission) and counseling in the context of a negative HIV
test result that focuses on exploring the clicnt’s motivation,
options, and skills to stay HIV-negative;

13. HIV and AIDS counselor refers to any individual trained
by an institution or organization accredited by the Department
of Health (DOH) to provide counseling services on HIV and AIDS
with emphasis on behavior modification;

14. HIV and AIDS monitoring refers to the documentation and
analysis of the number of HIV/AIDS infections and the pattern
of its spread;

15, HIV and AIDS prevention and control refers to measures
aimed at protecting noninfected persons from contracting HIV
and minimizing the impact of the condition of persons living
with HIV;

16. HIV-negative refers to the absence of HIV or HIV
antibodies upon HIV testin,

17. HIV-positive refers to the presence of HIV infection as
documented by the presence of HIV or HIV antibodies in the
sample being tested;

18. HIV-related testing refers to any laboratory testing or
procedure done on an individual regardless of whether the
person is HIV positive or negative;

19. HIV testing refers to any facility-based or mobile medical
procedure_that is conducted to determine the presence or
absence of HIV in a person’s body. HIV testing is confidential,
voluntary in nature and must be accompanied by counseling
prior to, and after the testing, and conducted only with the
informed consent of the person;

20. HIV testing facility refers to any DOH-accredited in-site or
mobile testing center, hospital, clinic, laboratory and other
facility that has the capacity to conduct voluntary HIV
counseling and HIV testing;

21. HIV transmission refers to the transfer of HIV from one
infected person to an uninfected individual, most commonly

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through sexual intercourse, blood transfusion, sharing of
intravenous needles, and vertical transmission;

22. Key affected populations at higher risk of HIV exposure or
key populations refer to those groups of persons, as determined
by the Philippine National AIDS Council whose behavior make
them more likely to be exposed to HIV or to transmit the virus;

23. Laboratory refers to an area or place, including
community-based settings, where research studies are being
undertaken to further develop local evidence base for effective
HIV programs;

24, Medical confidentiality refers to the relationship of trust
and confidence created or existing between a patient or a person
living with HIV and his attending physician, consulting medical
specialist, nurse, medical technologist and all other health
workers or personnel involved in any counseling, testing or
professional care of the former. It also applies to any person
who, in any official capacity, has acquired or may have acquired
such confidential information;

25. Opportunistic infection refers to illnesses caused by
various organisms, many of which do not cause disease in
persons with healthy immune system;

26. Partner notification refers to the process by which the
“index client”, “source” or “patient”, who has a_ sexually
transmitted infection (STI) including HIV, is given support in
order to notify and advise the partners that have been exposed
to infection. Support includes giving the index client a
mechanism to encourage the client’s partner to attend
counseling, testing and other prevention and treatment services.
Confidentiality shall be observed in the entire process;

27. Person living with HIV refers to any individual diagnosed
to be infected with HIV;

28. Pre-test counseling refers to the process of providing an
individual information on the biomedical aspects of HIV/AIDS
and emotional support to any psychological implications of
undergoing HIV testing and the test result itself before the
individual is subjected to the test;

29. Post-test counseling refers to the process of providing risk-
reduction information and emotional support to a person who
submitted to HIV testing at the time the result is released;


30. Prophylactic refers to any agent or device used to prevent
the transmission of a disease;

31. Provider-initiated counseling and testing refers to a health
care provider initiating HIV anti-body testing to a person
practicing high-risk behavior or vulnerable to HIV after
conducting HIV pre-test counseling. A person may elect to
decline or defer testing such that consent is conditional;

32. Routine HIV testing refers to HIV testing recommended at
health care facilities as a standard component of medical care.
It is part of the normal standard of care offered irrespective of
whether or not the patient has signs and symptoms of
underlying HIV infection or has other reasons for presenting to
the facility: Provided, That a patient may elect to decline or defer
testing;

33. Safer sex practices refer to choices made and behaviors
adopted by a person to reduce or minimize the risk of HIV
transmission. These include postponing sexual debut, non-
penetrative sex, correct and consistent use of male or female
condoms, and reducing the number of sexual partners;

34. Sexually transmitted infections (STIs) refer to infections
that are spread through the transfer of organisms from one
person to another as a result of sexual contact;

35, Sexual orientation refers to a person’s scxual and
emotional attraction to, or intimate and sexual relationship
with, individuals of different, the same, or both sexes;

36. Social protection refers to a set of policies and programs
designed to reduce poverty and vulnerability by promoting
efficient labor markets, diminishing people’s exposure to risks,
and enhancing their capacity to protect themselves against
hazards and interruptions/loss of income;

Be Stigma refers to the dynamic devaluation and
dehumanization of an individual in the eyes of others which
may be based on attributes that are arbitrarily defined by others
as discreditable or unworthy and which result in discrimination
when acted upon;

38. Treatment hubs refer to private and public hospitals or
medical establishments accredited by the DOH to have the
capacity and facility to provide anti-retroviral treatment;

39, Vertical transmission refers to the process of transmission
during pregnancy, birth, or breastfeeding;

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40. Voluntary HIV testing refers to HIV testing of an individual
who, after having undergone pre-test counseling, willingly
submits to such test;

41. Vulnerable communities refer to communities and groups
suffering from vulnerabilities such as unequal opportunities,
social exclusion, poverty, unemployment, and other similar
social, economic, cultural and political conditions, making them
more susceptible to HIV infection and to developing AIDS;

42. Window period refers to the period of time, usually lasting
from two (2) weeks to six (6) months during which an infected
individual will test “negative” upon HIV testing but can actually
transmit the infection; and

43. Work place refers to the office, premise or work site where
workers are habitually employed and shall include the office or
place where workers, with no fixed or definite work site,
regularly report for assignment in the course of their
employment.

ARTICLE I. PHILIPPINE NATIONAL AIDS COUNCIL

SEC. 4, Establishment of the Philippine National AIDS Council. -
The Philippine National AIDS Council, hereinafter referred to as the
Council, is hereby created and shall be the policy-making, planning,
coordinating and advisory body of the Philippine National HIV and
AIDS Program. It shall be an agency attached to the DOH.

In situations where a gap in the national response has been identified,
the Council may catalyze or develop the intervention required for
endorsement to appropriate government agencies.

SEC.S. Functions. - The Council shall perform the following
functions:

1. Develop the National Multi-Sectoral HIV and AIDS Strategic
Plan in collaboration with relevant government agencies and
CSOs;

2. Ensure the operationalization and implementation of the
National Multi-Sectoral HIV and AIDS Strategic Plan;

3. Coordinate with government agencies and other entities
mandated to implement the provisions of this Act;

4. Develop and ensure the implementation of the guidelines and
policies provided in this Act, including other policies that may

7


be necessary to implement the National Multi-Sectoral HIV and
AIDS Strategic Plan;

5. Monitor the progress of the epidemic;

6. Monitor the implementation of the National Multi-Sectoral HIV
and AIDS Strategic Plan, undertake mid-term assessments and
evaluate its impact;

7. Mobilize sources of fund for the National Multi-Sectoral HIV and
AIDS Strategic Plan;

8. Coordinate, organize, and work in partnership with foreign and
international organizations regarding funding, data collection,
research, and prevention and treatment modalities on HIV and
AIDS, and ensure foreign-funded programs are aligned to the
national response;

9, Advocate for policy reforms to Congress and other government
agencies to strengthen the country’s response to the epidemic;
and

10. Submit an annual report to the Office of the President,
Congress, and the members of the Council.

SEC. 6. Membership, Composition, Appointment, Quorum and
Term of Office. - The following member agencies and CSOs shall be
represented in the Council:

1. The Secretary of the Department of Health (DOH);

2. The Secretary of the Department of Education (DepED);

3. The Secretary of the Department of Labor and Employment
(DOLE);

4. The Secretary of the Department of Social Welfare and
Development (DSWD);

5. The Secretary of the Department of the Interior and Local
Government (DILG); The Secretary of the Department of Justice
(DOJ);

6. The Secretary/Director-General of the Department of Budget
and Management (DBM)/National Economic and Development
Authority (NEDA);

. The Chairperson of the National Youth Commission (NYC);

. Four (4) members of the League of City Mayors, each one
representing the local government unit (LGU) with the highest
number of HIV and AIDS cases in the National Capital Region,
Luzon, Visayas and Mindanao;

on


9. Two (2) representatives from nongovernmental organizations
(NGOs) which have expertise in standard setting and service

delivery;

10. Seven (7) representatives from NGOs working for the
welfare of identified key populations; and

11. A representative of an organization of persons living with
HIV.

Except for the ex officio members, the other members of the Council
shall be appointed by the President of the Philippines. The heads of
government agencies may be represented by an official duly
designated by their respective agencies. The members of the Council
shall be appointed not later than thirty (30) days after the date of the
enactment of this Act.

The presence of the Chairperson or the Vice Chairperson of the
Council, and at least seven (7) other Council members and/or
permanent alternates shall constitute a quorum to do business, and a
majority vote of those present shall be sufficient to pass resolutions or
render decisions. The Secretary of Health shall be the permanent
Chairperson of the Council. However, the Vice Chairperson shall be
elected from the government agency members, and shall serve for a
term of six (6) years.

Members representing the CSOs shall serve for a term of three (3)
years, renewable upon recommendation of the Council for a maximum
of two (2) consecutive terms.

SEC. 7. Secretariat. - The Council shall be supported by a
Secretariat consisting of personnel with the necessary technical
expertise and capability that shall be conferred permanent
appointments, subject to Civil Service rules and regulations. The
Secretariat shall be headed by an Executive Director, who shall be
under the direct supervision of the Chairperson of the Council.

‘The Secretariat shall perform the following functions:

1, Coordinate and manage the day-to-day affairs of the Council;

2. Assist in the formulation, monitoring, and evaluation of the
National Multi-Sectoral HIV and AIDS Strategic Plan and
policies;

3. Provide technical assistance, support, and advisory services to
the Council and its external partners;

4. Assist the Council in identifying and building internal and
external networks and partnerships;

5. Coordinate and support the efforts of the Council and its
members to mobilize resources;

6. Serve as the clearing house and repository of HIV and AIDS-
related information;


7. Disseminate updated, accurate, relevant, and comprehensive
information about the epidemic to Council members, policy
makers, and the media;

8, Provide administrative support to the Council; and

9. Act as spokesperson and representative for and in behalf of the
Council.

SEC. 8. National Multi-Sectoral HIV and AIDS Strategic Plan. ~ A
six (6)-year National Multi-Sectoral HIV and AIDS Strategic Plan or an
AIDS Medium-Term Plan (AMTP) shall be formulated and periodically
updated by the Council. The AMTP shall include the following:

(a) The country’s targets and strategies in addressing the epidemic;
(b) The prevention, treatment, care and support, and other
components of the country’s response;

(c) The six (6)-year operationalization of the program and identification
of the government agencies that shall implement the program,
including the designated office within each agency responsible for
overseeing, coordinating, facilitating and/or monitoring _ the
implementation of its AIDS program from the national to the local
levels; and

(d) The budgetary requirements and a corollary investment plan that
shall identify the sources of funds for its implementation.

SEC. 9. National HIV and AIDS and STI Prevention and Control
Program of the DOH. - The existing National HIV and AIDS and STI
Prevention and Control Program (NASPCP) of the DOH, which is
composed of qualified medical specialists and support personnel with
permanent appointments and with adequate yearly budget, shall
coordinate with the Council for the implementation of the health
sector’s HIV and AIDS and STI response, as identified in the National
Multi-Sectoral HIV and AIDS Strategic Plan or the AMTP.

SEC. 10. Protection of Human Rights. ~ The country’s response to
the HIV and AIDS phenomena shall be anchored on the principles of
human rights and human dignity. Public health concerns shall be
aligned with internationally-recognized human rights instruments and
standards.

Towards this end, the members of the Council, in cooperation with
CSOs and in collaboration with the DOJ and the Commission on
Human Rights (CHR), shall ensure the delivery of nondiscriminatory
HIV and AIDS services by government and private HIV and AIDS
service providers. Further, the DOH and the CHR, in coordination
with the Council, shall take the lead in developing redress
mechanisms for persons living with HIV to ensure that their civil,
political, economic and social rights are protected.

ARTICLE II EDUCATION AND INFORMATION

10


SEC. 11. Prevention Program. - There shall be an HIV and AIDS
prevention program that shall educate the public on these and other
sexually transmitted infections, with the goal of reducing risky
behavior, lowering vulnerabilities, and promoting the human rights of
persons living with HIV. The Council shall promote and adopt a range
of measures and interventions, in partnership with CSOs that aim to
prevent, halt, or control the spread of HIV in the general population,
especially among the key populations and vulnerable communities,
‘These measures shall likewise promote the rights, welfare, and
participation of persons living with HIV and the affected children,
young people, families and partners of persons living with HIV.

The HIV and AIDS prevention programs shall be age-appropriate and
based on up-to-date evidence and scientific strategies, and shall
actively promote:

(a) Safer sex practices among the general population, especially
among key populations;

(b) Safer sex practices that reduce risk of HIV infection;

(c) Universal access to evidence-based and relevant information
and education, and medically safe, legally affordable,
effective and quality treatment;

(d) Sexual abstinence and sexual fidelity; and
(e) Consistent and correct condom use.

SEC. 12. Education in Learning Institutions. — Using standardized
information and data from the Council, the DepED, the Commission
on Higher Education (CHED), and the Technical Education and Skills
Development Authority (TESDA), shall integrate basic and age-
appropriate instruction on the causes, modes of transmission and
ways of preventing the spread of HIV and AIDS and other sexually
transmitted infections in their respective curricula taught in public
and private learning institutions, including alternative and indigenous
learning systems. The learning modules shall include human rights-
based principles and information on treatment, care and support to
promote stigma reduction.

‘The DepED, the CHED and the TESDA shall ensure the development
and provision of psychosocial support and counseling in learning
institutions for the development of positive health, promotion of values
and behavior pertaining to reproductive health in coordination with
the DOH. For this purpose, funds shall be allocated for the training
and certification of teachers and school counselors.

u


SEC. 13. Education as a Right to Health and Information. ~ HIV
and AIDS education and information dissemination shall form part of
the constitutional right to health.

SEC.14. Education in the Workplace. — All public and private
employers and employees shall be provided with standardized basic
information and instruction on HIV and AIDS, including topics on
confidentiality in the workplace and reduction or elimination of stigma
and discrimination.

The DOLE for the private sector and the Civil Service Commission
(CSC) for the public sector shall implement this provision. The
members of the Armed Forces of the Philippines (AFP) and the
Philippine National Police (PNP) shall likewise be provided with
standardized basic information and instruction on HIV and AIDS by
the DOH in partnership with appropriate agencies.

SEC. 15. Education for Filipinos Going Abroad. — The Department
of Foreign Affairs (DFA) shall, in coordination with the Commission on
Filipino Overseas, the DOLE and the Council, ensure that all overseas
Filipino workers, including diplomatic, military, trade, labor officials,
and personnel and their families to be assigned overseas, shall
undergo or attend a seminar on HIV and AIDS, and shall be provided
with information on how to access on-site HIV-related services and
facilities before certification for overseas assignment.

SEC.16. Information for Tourists and Transients. — Educational
materials on the causes, modes of transmission, prevention,
consequences of HIV infection and list of HIV counseling and testing
facilities shall be adequately provided at all international and local
ports of entry and exit. The Department of Tourism (DOT), the DFA,
the Department of Transportation and Communications (DOTC) and
the Bureau of Immigration, in coordination with the Council and
stakeholders in the tourism industry, shall lead in the implementation
of this section.

SEC. 17. Education in Communities. — The DILG, the League of
Provinces, the League of Cities and the League of Municipalities,
through the Local HIV and AIDS Council (LAC) or the Local Health
Boards and, in coordination with the Council, shall implement a
locally-based, multi-sectoral community response to HIV and AIDS by
raising awareness about it and ways to curtail its transmission.
Gender and Development (GAD) funds and other sources may be
utilized for these purposes.

The DILG, in coordination with the DSWD, shall also conduct age-
appropriate HIV and AIDS education for out-of-school youths.

12


SEC. 18. Education for Key Populations and Vulnerable
Communities. — To ensure that HIV services reach key populations at
higher risk, the Council, in collaboration with the LGUs and CSOs
engaged in HIV and AIDS programs and projects, shall support and
provide funding for HIV and AIDS education programs, such as peer
education, support groups, outreach activities and community-based
research that target these populations and other vulnerable
communities. The DOH shall, in coordination with appropriate
agencies and the Council, craft the guidelines and standardized
information messages for peer education, support group and outreach
activities,

SEC. 19. Prevention in Prisons and in Other Closed Settings. — All
prisons, rehabilitation centers and other closed-setting institutions
shall have comprehensive STI, HIV and AIDS prevention and control
program that includes HIV education and information, HIV counseling
and testing, and access to HIV treatment and care services. The DOH
shall, in coordination with the DILG, the DOJ, and the DSWD, develop
HIV and AIDS comprehensive program and policies which include the
HIV counseling and testing procedures.

Persons living with HIV in prisons and in other closed settings shall be
provided HIV treatment, which includes ARV drugs, care and support
in accordance with the national guidelines. Efforts should be
undertaken to ensure the continuity of care at all stages, from
admission or imprisonment to release. The provision on informed
consent and confidentiality shall also apply in closed settings.

SEC. 20. Information on Prophylactics. — Appropriate information
shall be attached to or provided with every prophylactic offered for
sale or given as a donation. Such information shall be legibly printed
in English and Filipino, and contain literature on the proper use of the
prophylactic device or agent, its efficacy against HIV and STI, as well
as the importance of sexual abstinence and mutual fidelity.

SEC, 21. Misinformation on HIV and AIDS. - Misinformation on HIV
and AIDS, which includes false and misleading advertising and claims
in any of the multimedia or the promotional marketing of drugs,
devices, agents or procedures without prior approval from the DOH
through the Food and Drug Administration (FDA) and without the
requisite medical and scientific basis, including markings and
indications in drugs and devices or agents, purporting to be a cure or
a fail-safe prophylactic for HIV infection, shall be prohibited.

ARTICLE Ill, PREVENTIVE MEASURES, SAFE PRACTICES AND
PROCEDURES

SEC, 22. Positive Health, Dignity and Prevention. — The Council, in
coordination with the DOH, LGUs, and other relevant government

13


agencies, private sector, CSOs, faith-based organizations, and persons
living with HIV, shall support preventive measures that shall focus on
the positive roles of persons living with HIV. Such preventive
measures shall include the following:

(a) Creation of rights-based and community-led _ behavior
modification programs that seek to encourage HIV risk
reduction behavior among persons living with HIV;

(b) Establishment and enforcement of rights-based mechanisms to
strongly encourage newly tested HIV-positive individuals to
conduct partner notification and to promote HIV status
disclosure to sexual partners;

(c) Establishment of standard precautionary measures in public
and private health facilities;

(d) Accessibility of ARV treatment and management of
opportunistic infections; and

(e) Mobilization of communities of persons living with HIV for
public awareness campaigns and stigma reduction activities.

The enforcement of this section shall not lead to or result in the
discrimination or violation of the rights of persons living with HIV.

SEC, 23. Harm Reduction Strategies. - The DILG and the DOH, in
close coordination with the Dangerous Drugs Board and’ in
partnership with the key affected population, shall establish a human
rights and evidenced-based HIV prevention policy and program for
people who use and inject drugs.

The presence of used or unused condoms, other safer sex
paraphernalia and sterile injecting equipment shall not be used as
basis to conduct raids or similar police operations in sites and venues
of HIV prevention interventions. The DILG and the DOH, in
coordination with the Dangerous Drugs Board, shall establish a
national policy to guarantee the implementation of this provision.

SEC. 24. Prevention of Mother-to-Child HIV Transmission. - The
DOH shall implement a program to prevent mother-to-child HIV
transmission that shall be integrated into its maternal and child
health services.

SEC. 25. Standard Precaution on the Donation of Blood, Tissue,

or Organ. ~ The DOH shall enforce the following guidelines on
donation of blood, tissue, or organ:

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(a) A donation of tissue or organ, whether gratuitous or onerous, shall
be accepted by a laboratory or institution only after a sample from the
donor has been tested negative for HIV;

(b) All donated blood shall also be subject to HIV testing. HIV- positive
blood shall be disposed of properly and immediately; and

(c ) A second testing may be demanded, as a matter of right, by the
blood, tissue, or organ recipients or their immediate relatives before
transfusion or transplant, except during emergency cases.

Donations of blood, tissue, or organ testing positive for HIV may be
accepted for research purposes only, and shall be subject to strict
sanitary disposal requirements.

SEC.26. Standard Precaution on Surgical and Other Similar
Procedures. - The DOH shall, in consultation with concerned
professional organizations and hospital associations, issue guidelines
on precautions against HIV transmission during surgical, dental,
embalming, body painting or tattooing that require the use of needles
or similar procedures. The necessary protective equipment such as
gloves, goggles and gowns shall be prescribed and required, and made
available to all physicians and health care providers, tattoo artists,
and similarly exposed personnel at all times.

ARTICLE IV. TESTING, SCREENING AND COUNSELING

SEC. 27. Voluntary HIV Testing. - As a policy, the State shall
encourage voluntary HIV testing. Written consent from the person
taking the test must be obtained before HIV testing.

In keeping with the principle of “evolving capacities of children” as
defined in Section 3 (g) of this Act, HIV testing shall be made available
under the following circumstances:

The child expresses the intention to submit to HIV testing and
counseling and other related services;

a. If the person is fifteen (15) to below eighteen (18) years of age,
consent to voluntary HIV testing shall be obtained from the
child;

b. If the person is below fifteen (15) years of age or is mentally
incapacitated, consent to voluntary HIV testing shall be
obtained from the child’s parents or legal guardian.

In cases when the child’s parents or legal guardian cannot be found,
despite reasonable efforts to locate the parents were undertaken, the
consent shall be obtained from the licensed social worker. If the
child’s parents or legal guardian refuse to give their consent, the
consent shall likewise be obtained from the licensed social worker if
the latter determines that the child is at higher risk of HIV exposure

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and the conduct of the voluntary HIV testing is in the best interest of
the child.

SEC. 28. Compulsory HIV Testing. — Compulsory HIV testing shall
be allowed only in the following instances:

a. When it is necessary to test a person who is charged with any of
the offenses punishable under Articles 264, 266, 335 and 338 of
“The Revised Penal Code”, as amended by Republic Act No.
8353, otherwise known as “The Anti-Rape Law of 1997”;

b. When it is necessary to resolve relevant issues under Executive
Order No. 209, otherwise known as “The Family Code of the
Philippines”; and (c) As a prerequisite in the donation of blood in
compliance with the provisions of Republic Act No. 7170,
otherwise known as the “Organ Donation Act of 1991”, and
Republic Act No. 7719, otherwise known as the “National Blood
Services Act of 1994”,

SEC. 29. HIV Counseling and Testing. ~ To ensure access to
voluntary and confidential HIV testing, which shall include client-
initiated HIV testing and routine provider-initiated testing, the DOH
shall:

(a) Accredit public and private HIV testing facilities based on
capacity to deliver testing services including HIV counseling:
Provided, That only DOH-accredited HIV testing facilities shall
be allowed to conduct HIV testing;

(b) Develop the guidelines for HIV counseling and testing, including
mobile HIV counseling and testing and routine provider-initiated
HIV counseling and testing that shall ensure, among others,
that HIV testing is based on informed consent, is voluntary and
confidential, is available at all times, and provided by qualified
persons and DOH-accredited providers;

(c) Accredit institutions or organizations that train HIV and AIDS
counselors in coordination with the DSWD; and

(d) Set the standards for HIV counseling and work closely with HIV
and AIDS CSOs that train HIV and AIDS counselors and peer
educators in coordination and participation of NGOs,
government organizations (GOs) and Civil Society Organization-
People Living with HIV (CSO-PLHIV)

All HIV testing facilities shall provide free pre-test and post-test HIV

counseling to individuals who wish to avail of HIV testing, which shall
likewise be confidential.

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No HIV testing shall be conducted without informed consent. The
State shall ensure that specific approaches to HIV counseling and
testing are adopted based on the nature and extent of HIV/AIDS
incidence in the country.

The DOH shall also ensure access to routine HIV testing as part of
clinical care in all health care settings.

ARTICLE V. HEALTH AND SUPPORT SERVICES

SEC. 30. Access to Treatment by Indigents. - The DOH shall
establish a program that will provide free and accessible ARV
treatment to all indigents living with HIV who are enrolled in the
program. Free medication for opportunistic infections shall be made
available to all indigents in the government treatment hubs. It shall
likewise designate public and private hospitals to become satellite
hubs with an established HIV and AIDS Core Team (HACT). A manual
of procedures for management of PLHIV shall be developed by the
DOH.

SEC. 31, Economic Empowerment and Support. ~ Persons living
with HIV shall not be deprived of any employment, livelihood, micro-
finance, self-help, and cooperative programs by reason of their HIV
status. The DSWD, in coordination with the DILG, the DOLE and the
TESDA, shall develop enabling policies and guidelines to ensure
economic empowerment and independence designed for persons living
with HIV.

SEC.32. Care and Support for Persons Living with HIV. ~ The
DSWD, in coordination with the DOH and the TESDA, shall develop
care and support programs for persons living with HIV, which shall
include peer-led counseling and support, social protection, welfare
assistance, and mechanisms for case management. These programs
shall include care and support for the affected children, families and
partners of persons living with HIV.

SEC. 33. Care and Support for Overseas Workers Living with HIV.
- The Overseas Workers Welfare Administration (OWWA), in
coordination with the DSWD, the DFA, the Commission on Filipino
Overseas and the Bureau of Quarantine, shall develop a program to
provide a stigma-free comprehensive reintegration, care and support
program, including economic, social and medical support, for overseas
workers, regardless of employment status and stage in the migration
process.

SEC. 34. Testing of Organ Donation. — Lawful consent to HIV testing

of a donated human body, organ, tissue or blood shall be considered
as having been given when:

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(a) A person volunteers or freely agrees to donate one’s blood,
organ, or tissue for transfusion, transplantation, or research;
and

(b) A legacy and a donation are executed in accordance with
Sections 3 and 4, respectively, of Republic Act No. 7170,
otherwise known as the “Organ Donation Act of 1991”.

SEC. 35. HIV Anti-Body Testing for Pregnant Women. ~ A health
care provider who offers pre-natal medical care shall routinely
conduct HIV screening with an opt-out HIV testing for pregnant
women. The DOH shall provide the necessary guidelines for health
care providers in the conduct of the screening procedure

SEC.36. Immunity from Suit for HIV Educators, Licensed Social
Workers, Health Workers and Other HIV and AIDS Service
Providers. - Any person involved in the provision of HIV and AIDS
services, including peer educators, shall be immune from suit, arrest
or prosecution, and from civil, criminal or administrative liability, on
the basis of their delivery of such services in HIV prevention, or in
relation to the legitimate exercise of protective custody of children,
whenever applicable. This immunity does not cover acts which are
committed in violation of this Act.

SEC.37. Health Insurance. - The Philippine Health Insurance
Corporation (PhilHealth) shall develop an insurance package for
persons living with HIV that shall include coverage for inpatient and
outpatient medical and diagnostic services, including medication and
treatment, and a set of benefits to the unborn and newborn child
infected by their mothers. Additionally, it shall set a reference price for
HIV services in government hospitals and conduct programs to
educate the human resource units of companies on the PhilHealth
package on HIV and AIDS.

The PhilHlealth shall enforce confidentiality in the provision of these
packages to persons living with HIV,

No person living with HIV shall be denied or deprived of private health
insurance by a Health Maintenance Organization (HMO) and private
life insurance coverage by a life insurance company on the basis of the
person’s HIV status. The Insurance Commission shall enforce the
provision of life insurance coverage by persons applying for such
services and shall develop the necessary policies io ensure
compliance.

SEC. 38. HIV and AIDS Monitoring and Evaluation. - The DOH

shall maintain a comprehensive HIV and AIDS monitoring and
evaluation program that shall serve the following purposes:

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(a) Determine and monitor the magnitude and progression of HIV and
AIDS in the Philippines to help the national government evaluate the
adequacy and efficacy of HIV prevention and treatment programs
being employed;

(b) Receive, collate, process and evaluate all HIV and AIDS-related
medical reports from all hospitals, clinics, laboratories and testing
centers, including HIV-related deaths and relevant data from public
and private hospitals, various databanks or information systems:
Provided, That it shall adopt a coding system that ensures anonymity
and confidentiality; and

(c) Submit, through its Secretariat, an annual report to the Council
containing the findings of its monitoring and evaluation activities in
compliance with this mandate.

ARTICLE VI. CONFIDENTIALITY

SEC. 39. Confidentiality. - The confidentiality and privacy of any
individual who has been tested for HIV, exposed to HIV, has HIV
infection or HIV and AIDS-related illnesses, or was treated for HIV-
related illnesses shall be guaranteed. The following acts violate
confidentiality and privacy:

(a) Disclosure of Confidential HIV and AIDS Information - Unless
otherwise provided in Section 40 of this Act, it shall be unlawful
to disclose, without written consent, information that a person
had HIV-related test and AIDS, has HIV infection or HIV-related
illnesses, or has been exposed to HIV.

The prohibition shall apply to any person, natural or juridical,
whose work or function involves the implementation of this Act
or the delivery of HIV-related services, including those who
handle or have access to personal data or information in the
workplace, and who, pursuant to the receipt of the required
written consent from the subject of confidential HIV and AIDS
information, have subsequently been granted access to the
same confidential information.

(b) Media Disclosure - It shall be unlawful for any editor, publisher,
reporter or columnist, in case of printed materials, announcer
or producer in case of television and radio broadcasting,
producer and director of films in case of the movie industry, to
disclose the name, picture, or any information that would
reasonably identify any person living with HIV or AIDS, or any
confidential HIV and AIDS information, without the prior written
consent of their subject.

SEC. 40. Exceptions. — Confidential HIV and AIDS information may

be released by HIV testing facilities without written consent in the
following instances:

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(a) When complying with reportorial requirements of the national
active and passive surveillance system of the DOH: Provided,
That the information related to a person’s identity shall remain
confidential;

(b) When informing other health workers directly involved in the
treatment or care of a person living with HIV: Provided, That
such worker shall be required to perform the duty of shared
medical confidentiality; and

(c) When responding to a subpoena duces tecum and subpoena ad
testificandum issued by a court with jurisdiction over a legal
proceeding where the main issue is the HIV status of an
individual: Provided, That the confidential medical record, after
having been verified for accuracy by the head of the office or
department, shall remain anonymous and unlinked and shall
be properly sealed by its lawful custodian, hand delivered to the
court, and personally opened by the judge: Provided, further,
That the judicial proceedings shall be held in executive session.

SEC. 41. Release of HIV-Related Test Results. ~ The result of any
test related to HIV shall be released by the attending physician who
provides pre- and post-test counseling only to the individual who
submitted to the test. If the patient is below fifteen (15) years old, an
orphan, or is mentally incapacitated, the result may be released to
cither of the patient’s parents, legal guardian, or a duly assigned
licensed social worker, whichever is applicable.

SEC. 42. Disclosure to Sexual Partners. — Any person who, after
having been tested, is found to be infected with HIV, is strongly
encouraged to disclose this health condition to the spouse or sexual
partner prior to engaging in penetrative sex or any potential exposure
to HIV. A person living with HIV may opt to seek help from qualified
professionals including medical professionals, health workers, peer
educators, or social workers to support him in disclosing this health
condition to one’s partner or spouse. Confidentiality shall likewise be
observed. Further, the DOH, through the Council, shall establish an
enabling environment to encourage newly tested HIV-positive
individuals to disclose their status to sexual partners.

SEC. 43, Duty of Employers, Heads of Government Offices, Heads
of Public and Private Schools or Training Institutions, and Local
Chief Executives. - It shall be the duty of private employers, heads of
government offices, heads of public and private schools or training
institutions, and local chief executives over all private establishments
within their territorial jurisdiction to prevent or deter acts of
discrimination against persons living with HIV, and to provide
procedures for the resolution, settlement, or prosecution of acts of

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discrimination. Towards this end, the employer, head of office, or local
chief executive shall:
(a) Promulgate rules and regulations prescribing the procedure for
the investigation of discrimination cases and the administrative
sanctions thereof; and

(b) Create a permanent committee on the investigation of
discrimination cases. The committee shall conduct meetings to
increase the members’ knowledge and understanding of HIV
and AIDS, and to prevent incidents of discrimination. It shall
also conduct the administrative investigation of alleged cases of
discrimination.

ARTICLE VII. DISCRIMINATORY ACTS AND PRACTICES

SEC.44, The following are discriminatory acts and practices and shall
be prohibited:

(a) Discrimination in the Workplace - The rejection of job
application, termination of employment, or other discriminatory
policies in hiring, provision of employment and other related
benefits, promotion or assignment of an individual solely or
partially on the basis of actual, perceived, or suspected HIV
status;

(b) Discrimination in Learning Institutions - Refusal of admission,
expulsion, segregation, imposition of harsher disciplinary
actions, or denial of benefits or services of a student or a
prospective student solely or partially on the basis of actual,
perceived, or suspected HIV status;

(c) Restriction on Travel and Habitation. — Restrictions on travel
within the Philippines, refusal of lawful entry to Philippine
territory, deportation from the Philippines, or the quarantine or
enforced isolation of travelers solely or partially on account of
actual, perceived, or suspected HIV status is discriminatory; the
same standard of protection shall be afforded to migrants,
visitors and residents who are not Filipino citizens.

Restrictions on housing or lodging solely or partially on the
basis of actual, perceived, or suspected HIV status;

(d) Inhibition from Public Services ~ Prohibition on the right to seek
an elective or appointive public office solely or partially on the
basis of actual, perceived, or suspected HIV status;

(e) Exclusion from Credit and Insurance Services — Exclusion from
health, accident, or life insurance, credit and loan services,

including the extension of such loan or insurance facilities, of

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an individual solely or partially on the basis of actual, perceived,
or suspected HIV status: Provided, That the person living with
HIV has not misrepresented the fact to the insurance company
or loan or credit service provider upon application;

() Discrimination in Hospitals and Health Institutions - Denial of
health services, or be charged with a higher fee, on the basis of
actual, perceived, or suspected HIV status; and

(g) Denial of Burial Services — Denial of embalming and burial
services for a deceased person who had HIV and AIDS or who
was known, suspected or perceived to be HIV-positive.

(c) Discrimination on the basis of sexual orientation or gender
identity - Any act of discrimination on the basis of sexual
orientation or gender identity against any person, regardless of
HIV status, is considered to aggravate HIV-related stigma and
shall also be prohibited. The denial or impairment of the
enjoyment of the right to education; right to work; right to
health; right to freedom of travel; right to housing; right to
organize; right to access goods and services, including
insurance; and of civil, political and cultural rights on the basis
of sexual orientation or gender identity is considered
discriminatory and shall be prohibited.

SEC. 45. Penalties. - The corresponding penalties shall be imposed
upon:

{a) Any person who commits the prohibited act under Section 21 of
this Act shall upon conviction, suffer the penalty of
imprisonment of two (2) months to two (2) years, without
prejudice to the imposition of fines and administrative
sanctions, such as suspension or revocation of professional or
business license;

(b) Any person who violates the last paragraph of Section 23 of this
Act shall, upon conviction, suffer the penalty of imprisonment of
one (1) year to five (5) years and a fine of not less than one
hundred thousand pesos (P100,000.00) but not more than five
hundred thousand pesos (P500,000.00): Provided, That the law
enforcement agents found guilty shall be removed from public
service;

(c) Any person who knowingly or negligently causes another to get
infected with HIV in the course of the practice of profession through
unsafe and unsanitary practice and procedure shall, upon conviction,
suffer the penalty of imprisonment of six (6) years to twelve (12) years,
without prejudice to the imposition of fines and administrative
sanctions, such as suspension or revocation of professional license.

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‘The permit or license of the business entity and the accreditation of
the HIV testing centers may be cancelled or withdrawn if these
establishments fail to maintain safe practices and procedures as may
be required by the guidelines formulated in compliance with Sections
25 and 26 of this Act;

(0) Any person who violates Section 36 of this Act shall, upon
conviction, suffer the penalty of imprisonment of six (6) months
to five (5) years and/or a fine of not less than one hundred
thousand pesos (P100,000.00) but not more than five hundred
thousand pesos (P500,000.00): Provided, That if the person who
violates this provision is a law enforcement agent or a public
official, administrative sanctions may be imposed in addition to
imprisonment and/or fine, at the discretion of the court;

(4) Any person, natural or juridical, who denies life insurance
coverage of any person living with HIV in violation of Section 37
of this Act shall, upon conviction, suffer the penalty of
imprisonment of six (6) months to five (5) years and/or a fine of
not less than fifty thousand pesos (P50,000.00) but not more
than five hundred thousand pesos (P500,000.00), at the
discretion of the court, and without prejudice to the imposition
of administrative sanctions such as fines, suspension or
revocation of business permit, business license or accreditation,
and professional license;

(e) Any person, natural or juridical, who violates the provisions of
Section 39 of this Act shall, upon conviction, suffer the penalty
of imprisonment of six (6) months to five (5) years and/or a fine
of not less than fifty thousand pesos (P50,000.00) but not more
than five hundred thousand pesos (P500,000,00), or both
imprisonment and fine, at the discretion of the court, and
without prejudice to the imposition of administrative sanctions
such as suspension or revocation of business permit, business
license or accreditation, and professional license;

() Any person, natural or juridical, who shall violate any of the
provisions ‘in Section 44 shall, upon conviction, suffer the
penalty of imprisonment of six (6) months to five (5) years
and/or a fine of not less than fifty thousand pesos (P50,000.00)
but not more than five hundred thousand pesos (P500,000.00),
at the discretion of the court, and without prejudice to the
imposition of administrative sanctions such as fines,
suspension or revocation of business permit, business license or
accreditation, and professional license; and

(g) Any person who has obtained knowledge of confidential HIV and
AIDS information and uses such information to malign or cause
damage, injury or loss to another person shall face liability

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under Articles 19, 20, 21 and 26 of the new Civil Code of the
Philippines.

Fines and penalties collected pursuant to this section shall be
deposited in the National Treasury.

SEC.46. Appropriations. — The amount needed for the initial
implementation of this Act shall be charged against the appropriations
for the DOH. Thereafter, such sums as may be necessary for the
continued implementation of this Act shall be included in the annual
General Appropriations Act.

The funding requirement needed to provide for the health insurance
package and other services for persons living with HIV as stated in
Section 37 hereof shall be charged against the PhilHealth’s corporate
funds.

SEC. 47. Transitory Provision. ~ The personnel designated by the
DOH as Secretariat of the Council under Section 7 of this Act shall be
absorbed as permanent personnel to fill the positions of the
Secretariat as provided in this Act.

SEC. 48. Implementing Rules and Regulations. - The Council,
within ninety (90) days from the effectivity of this Act, shall
promulgate the necessary rules and regulations for the effective
implementation of the provisions of this Act.

SEC. 49. Repealing Clause. — Republic Act No. 8504, otherwise
known as the “Philippine AIDS Prevention and Control Act of 1998”,
hereby repealed.

All decrees, executive orders, proclamations and administrative
regulations or parts thereof, particularly in Republic Act No. 3815,
otherwise known as “The Revised Penal Code”; Republic Act No. 8353,
otherwise known as “The Anti-Rape Law of 1997"; Executive Order No.
209, otherwise known as “The Family Code of the Philippines”;
Republic Act No. 7719, otherwise known as the “National Blood
Services Act of 1994”; Republic Act No. 9165, otherwise known as the
“Comprehensive Dangerous Drugs Act of 2002”; and Republic Act No.
7170, otherwise known as the “Organ Donation Act of 1991”,
inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

SEC. 50. Separability Clause. ~ If any provision or part of this Act is
declared unconstitutional, the remaining parts or provisions not
affected shall remain in full force and effect.

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SEC. 51. Effectivity. - This Act shall take effect fifteen (15) days after
its complete publication in the Official Gazette or in a newspaper of
general circulation.

Approved,

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