Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL No.849

Introduced by HONORABLE LANI MERCADO-REVILLA

EXPLANATORY NOTE,

After 30 years into the HIV pandemic, the Philippines finds itself facing a growing HIV
incidence. Previously categorized as a “low and slow” country, the HIV incidence in the country
has increased rapidly starting the mid-2000s.

The National HIV and AIDS registry reported that as of September 30 of this year there
are 7,584 new HIV and AIDS cases in the Philippines.

According to the Department of Health National Epidemiological Center, the HIV
incidence in the country was one (1) new HIV infection a day in 2007; at present, the Philippines
is recording seven (7) new HIV infections a day, making it one (1) of the seven (7) countries
worldwide where HIV infection continues to rise. Government epidemiologists have warned that
by 2015, the total number of HIV cases in the Philippines could reach 45,000 from the reported
7,000 cases tegistered this year.

Despite the wamings iesued by domesto'and intermationsl HIV experts that the County
has all the necessary ingredients for an HIV epidemic, the Filipinos’ response to the HIV
epidemic has been marked with complacency ~ condom use is low among Filipinos, and among
key populations, sexually transmitted infections and multiple sexual partnerships are common,
Further, the lack of political leadership and the reckless disregard of evidence-informed
strategies and approaches have weakened the fight against HIV as modest targets for HIV and
HIV-related services have not been met, and public spending on HIV prevention, treatment, care
and support has dwindled from Php81 million in 2009 to Php65 million in 2011 despite the

alarming growth in HIV incidence in the country.
r *

Moreover, the governance structure designated to spearhead the HIV respons addled
with bureaucratic confusion and uneven political commitments. Every five (5) years, thru the
collaborative effort of various government agencies and civil society groups, the country adopts
an HIV and AIDS Medium-Term Plan, a national road map on HIV and AIDS, but the
implementation of this strategic plan is impeded by recalcitrant implementing agencies and lack
of support from the national government.

‘Through the MDGs and other international development instruments, the Philippine
government has consistently committed to reduce HIV infection, and while it has made progress
in other development indicators, it floundered and extraordinarily floundered in achieving its
commitments on HIV. Government officials take false comfort from the fact the HIV epidemic
has not reached the general population, but various indicators show that if nothing is done
immediately, it would just be a matter of time before the HIV situation in the country breaches
the epidemic level.


R.A. No. 8504, the present law on HIV and AIDs prevention, which was enacted in
1998, needs to be amended in order to address the current situation and experience of the country
in preventing, treating, and managing HIV and AIDs.

‘The passage of this bill is earnestly sought to address and halt the spread of people
infected with HIV.

pS
REP.“ANI MERCADO-REVILLA.
2" District, Ca



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

549

HOUSE BILL NO.

Introduced by HONORABLE LANI MERCADO-REVILLA

AN ACT.
STRENGTHENING THE PHILIPPINE COMPREHENSIVE POLICY ON HIV AND
AIDS PREVENTION, TREATMENT, CARE AND SUPPORT AND ESTABLISHING
THE PHILIPPINE NATIONAL HIV AND AIDS PROGRAM, REVISING 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 Revised Philippine HIV
and AIDS Policy and Program Act of 2012”.

SEC. 2. Declaration of Policies. - 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 therefore imbued with public interest, and 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 equality and
meaningful participation of communities affected by the epidemic.

(b) Adopt a multisectoral approach in responding to the HIV epidemic by ensuring that
local communities, civil society organizations and persons living with HIV are involved in the
process.

(c) 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. Respect
for, protection of and promotion of human rights are the comerstones 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 noncompulsory
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, ethnicity, hamper the
enjoyment of basic human rights and freedoms guaranteed in the Constitution and are deemed
inimical to national interest.

SEC. 3. Defin

ion of Terms. — As used in this Act, the following terms shall be defined

(a) Acquired Immune Deficiency Syndrome (AIDS) refers to a condition where a body’s
immune system is reduced due to HIV infection, making an individual susceptible to
opportunistic infections.

(b) Anti-retroviral treatment refers to the treatment that stops or suppresses a retrovirus
like HIV.

(©) Civil society organizations (CSOs) refer to a group or groups of nongovernmental and
noncommercial individuals or legal entities that are engaged in uncoerced collective
action around share interests, purposes and values.

(4) 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.

(e) Discrimination refers to any action taken to distinguish, exclude, restrict or show
preference based on any ground such as sex, gender, age, sexual orientation, gender
identity, economic status, disability and ethnicity, 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.

( Evolving capacities of children refer to the concept enshrined in Article V of the
Convention on 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 others charged with
responsibility for the child to provide varying degrees of protection and to allow theit
participation in opportunities for autonomous decision-making in different contexts and
across different areas of decision-making.

(g) 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 other experience of gender, among
them, dress, speech and mannerism.

(h) Harm reduction refers to evidence-based policies, programs and approaches that aim
to reduce the harmful consequences on health, social relations and economic conditions
that are associated with the use of psychoactive substances.

() HIV and AIDS counselor refers to any individual trained by an institution or
organization accredited by the Philippine National AIDS Council (PNAC) to conduct
training or counseling on HIV and AIDS, HIV prevention, and human rights and stigma
reduction.


() HIV counseling refers to the provision of information on HIV and AIDS, how it is
spread and how it may be prevented, risk-reduction approaches, and information on
treatment, care and support for persons living with HIV, which is conducted before and
after HIV testing.

(k) 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, 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.

(1) HIV-related testing refers to any laboratory testing or procedure done on an individual
whether the person is HIV positive or negative.

(m) HIV testing facility refers to any DOH-accredited insite or mobile testing center,
hospital, clinic, laboratory and other facility that has the capacity to conduct voluntary
HIV counseling and HIV testing.

(n) Human Immunodeficiency Virus (HIV) refers to the virus that causes AIDS.

(0) Key affected populations at higher risk of HIV exposure or “key populations” refer to
those persons whose behavior make them more likely to be exposed to HIV or to transmit
the virus, as determined by the PNAC. The term includes children below the age of
eighteen (18), youth and adults living with HIV; men who have sex with men;
transgender persons; people who inject drugs; and people who sell sexual services or
favors.

(p) Nonmandatory HIV anti-body testing refers to a healthcare provider initiating HIV
anti-body testing to a person practicing high-risk behavior or vulnerable to HIV after
conducting HIV pretest counseling. The person may elect to decline or defer testing such
that consent is conditional.

(q) Opportunistic infection (OI) refers to illnesses caused by various organisms, many of
which do not cause disease in persons with healthy immune systems.

(r) Person living with HIV refers to any individual diagnosed to be infected with HIV.

(5) Sexually Transmitted Infections (STI) refer to infections that are spread through the
transfer of organisms from one person to another through sexual contact.

(t) Sexual orientation refers to a person’s sexual and emotional attraction to, or intimate
and sexual relationship with, individuals of different, the same. or both sexes.

(u) 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.

(v) 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 results in discrimination when acted upon.

(w) Treatment hubs refer to private and public hospitals or medical establishments
accredited by the Department of Health (DOH) to have the capacity and facility to
provide anti-retroviral treatment.


(x) Voluntary HIV testing refers to HIV testing done on an individual who, after having
undergone pre-HIV counseling. willingly submits oneself to such test.

(y) Vulnerable communities refer to communities and groups who are 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.

(2) Work place refers to the office, premises and 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.

SEC. 4, Philippine National AIDS Council. ~ The Philippine National AIDS Council
(PNAC), hereinafter referred to as the Council, established under Section 43 of Republic Act No.
8504, otherwise known as the “Philippine AIDS Prevention and Control Act of 1998”, shall be
reconstituted and strengthened to ensure the implementation of the country’s response to the HIV
and AIDS epidemic. The Council shall be the central policy-making, planning, implementing,
coordinating and advisory body for Philippine National HIV and AIDS Program. It shall be an
ageney attached to the DOH.

SEC. 5. Functions of the PNAC. — The Council shall perform the following functions:

(a) Develop the National HIV and AIDS Program in collaboration with
relevant government agencies and CSOs;

(b) Ensure the operationalization and implementation of the National HIV and
AIDS Program:

(©) Coordinate with government agencies that are mandated to implement the
provisions of this Act;

(@) Develop, enforce, and/or ensure the implementation of the guidelines and
policies that are stipulated in this Act, including other policies that may be
necessary to implement the National HIV and AIDS Program;

(€) Monitor the progress of the epidemic:

(f) Monitor the implementation of the National HIV and AIDS Program,
undertake mid-term assessments and evaluate its impact;

(g) Strengthen the collaboration between government agencies and CSOs
involved in the implementation of the National HIV and AIDS Program,
including the delivery of HIV and AIDS-related services;

(h) Organize itself to enhance the efficiency of the multiagency and
multisectoral structure;

(®) Mobilize domestic and international sources of fund to finance the National
HIV and AIDS Program;

(i) Coordinate and cooperate with foreign and international organizations
regarding funding, data collection, research, and prevention and treatment
modalities on HIV and AIDS; and


(k) Recommend policy reforms to Congress, the DOH and other government
agencies to strengthen the country’s response to the epidemic.

SEC. 6. Membership and Comp:
twenty-six (26) members as follows:

jon. — (a) The Council shall be composed of

(1) The Secretary of the DOH:
(2) The Secretary of the Department of Education (DepED);
(3) The Chairperson of the Commission on Higher Education (CHED);

(4) The Director-General of the Technical Education and Skills Development
Authority (TESDA);

(5) The Secretary of the Department of Labor and Employment (DOLE):

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

(7) The Secretary of the Department of the Interior and Local Government
(DILG);

(8) The Secretary of the Department of Justice (DOJ);
(9) The Director-General of the National Economic and Development Authority;

(10)The Secretary of the Department of Tourism (DOT)

(11)The Secretary of the Department of Budget and Management;

(12)The Secretary of the Department of Foreign Affairs (DFA);
(13)The Head of the Philippine Information Agency;

(14)The President of the League of Governors:

(15)The President of the League of City Mayors;

(16)The Chairperson of the Committee on Health of the Senate;

(17)The Chairperson of the Committee on Health of the House of
Representatives:

(18)Two (2) representatives from organizations of medical/healthprofessionals;

(19)Six (6) representatives from nongovernment organizations (NGOs) involved
in HIV and AIDS prevention and control efforts or activities; and

(20)A representative of an organization of persons living with HIV.

(b) The heads of government agencies may be represented by an official from
their respective agencies with a rank not lower than an Undersecretary:

(c) 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:



(d) To the greatest extent possible, appointment to the Council must ensure
sufficient and discernible representation from the fields of medicine, education,
healthcare, law, labor, ethics and social servi

(e) Except for the ex officio members, the other members of the Council shall be
appointed by the President of the Philippines;

(0 The members of the Council shall be appointed not later than thirty (30) days
after the date of the enactment of this Act;

(g) The Secretary of Health shall be the permanent Chairperson of the Council.
However, the Vice Chairperson shall be elected from among the members and
shall serve for a term of two (2) years; and

(h) Members representing medical or health professional groups and the six (6)
NGOs shall serve for a term of two (2) years, renewable upon recommendation of
the Council for a maximum of two (2) consecutive terms.

SEC. 7. Secretariat. — The PNAC shall be supported by a secretariat consisting of
personnel with the necessary technical expertise and capability who shall be conferred permanent
appointments, subject to civil service rules and regulations. It shall be headed by an Exccutive
Director who shall be under the direct supervision of the Chairperson of the Couneil

The Secretariat shall perform the following functions:
(a) Coordinate and manage the day-to-day affair of the Council:

(b) Assist in the formulation, monitoring and evaluation of the National HIV and AIDS
Programs and policies;

(©) Provide technical assistance, support and advisory services to the Council and its
external partners;

(d) Assist the Council in identifying and building internal and external networks and
partnerships;

(e) Coordinate and support the efforts of the Council and its members to mobilize
resources;

(f) Serve as the clearing house and repository of HIV and AIDS-related information;

(g) Disseminate updated, accurate, relevant and comprehensive information about the
epidemic to Council members, policy makers and the media;

(h) Provide administrative support to the Council; and

(i) Perform other functions as may be provided by the Council.

SEC. 8. HIV Prevention. - The government 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, especially among 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

(a) Evidence-Informed, Gender-Sensitive, Age-Appropriate and Human Rights-Based
Preventive Measures. — The HIV and AIDS preventive programs shall be based en up-to-date


evidence and scientific strategies and shall be age-appropriate. The government shall therefore
actively promote safer sex behavior, especially among key populations: safer practices that
reduce risk of HIV infection; access to treatment; consistent sexual abstinence and sexual
fidelity; and the consistent and correct use of condom.

(b) HIV and AIDS Education as a Right to Health and Information, — HIV and AIDS
education and information dissemination shall form part of the right to health. The knowledge
and capabilities of all public health practitioners, workers and personnel shall be enhanced to
include skills for proper information dissemination and education on HIV and AIDS. It shall
likewise be considered a civie duty of health providers in the private sector to make available to
the public such information necessary to control the spread of HIV and AIDS and to correct
common misconceptions about the disease. The training of health workers shall include
discussions on HIV-related ethical issues such as confidentiality, informed consent and the duty
to provide treatment.

() HIV and AIDS Education and Information. ~ The State shall educate the public,
especially the key populations and vulnerable communities, on HIV and AIDS and other
sexually transmitted infections, with the goal of reducing risky behavior, lowering
vulnerabilities, and promoting the human rights of persons living with HIV.

(1) HIV and AIDS Education for Key Populations and Vulnerable Communities. ~ lo
ensure that HIV services reach key populations, the State, through the PNAC and in
collaboration with HIV and AIDS CSOs, shall support and provide funding for HIV and AIDS
education programs, such as peer education and outreach activities that target key populations
and vulnerable communities. The PNAC shall likewise craft the guidelines for peer education
and outreach activities.

(2) Age-Appropriate HIV and AIDS Education in Schools. ~ Using official information
and data from the PNAC, the DepED, the CHED and the 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 subjects taught in public and
private schools at intermediate grades, secondary and tertiary levels, including nonformal and
indigenous learning systems.

The learning modules that shall be developed to implement this provision shall be done in
coordination with the PNAC and stakeholders in the education sector. Referral mechanisms
including, but not limited to, the DSWD Referral System, shall be included in the modules for
key populations and vulnerable communities.

Alll teachers and instructors to be assigned to handle these learning modules shall be
required to undergo seminars or trainings on HIV and AIDS prevention that shall be supervised
by the PNAC in coordination with concemed agencies

(3) HIV and AIDS Education in the Workplace. — All public and private employees,
workers, managers and supervisors, including members of the Armed Forces of the Philippines
(APP) and the Philippine National Police (PNP), 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.

In coordination with the PNAC, the Civil Service Commission (CSC) for the public
sector and the DOLE for the private sector shall implement this provision. The CSC and the
DOLE shall ensure that the HIV and AIDS education program in the workplace is industry or


sector-appropriate and shall ensure the full participation of employers and workers in designing
the content of the program. Referral mechanisms for key populations and vulnerable

communities shall also be developed and instituted by the CSC and the DOLE.
in coordination with the PNAC.

(4) HIV and AIDS Education for Filipinos Going Abroad. ~ In

coordination with the PNAC, the DFA and the DOLE shall ensure

that all overseas Filipino workers, including diplomatic, military,

trade, labor officials, 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 HIVrelated services and
facilities before certification for overseas assignment.

(5) HIV and AIDS Education in Communities. — Through the Local HIV and AIDS
Council (LAC) or the Local Health Board and in coordination with the PNAC, local
governments shall conduct public awareness campaigns on HIV and AIDS and shall educate
local communities, through various channels, on evidence-based, gender-sensitive, aze-
appropriate and human rights-oriented prevention tools to stop the spread of HIV. For these
purposes, the local government units (LGUs) are hereby authorized to utilize the Gender and
Development (GAD) Funds for HIV and AIDS education in communities.

In coordination with the DSWD, local governments shall also conduct age-appropriate
HIV and AIDS education for out-of-school youths.

(6) Information for Tourists and Transients. — Educational materials on the cause, modes.
of transmission, prevention and consequences of HIV infection shall be adequately provided at
all international ports of entry and exit. The DOT, the DFA and the Bureau of Immigration, in
coordination with the PNAC and with stakeholders in the tourism industry, shall implement this,
provision.

(4) HIV Counseling and HIV Testing. ~ The State shall ensure that HIV testing is
voluntary and confidential. All HIV testing facilities shall be required to provide free HIV
counseling to individuals who wish to avail of HIV testing and counseling which shall likewise
be confidential. To implement this provision:

(1) The DOH shall accredit public and private HIV testing facilities based on their
capacity to deliver testing services, including HIV counseling. Only DOH-accredited HIV testing
facilities shall be allowed to conduct HIV testing:

(2) The PNAC shall develop the guidelines for the conduct of HIV counseling and HIV
testing, including mobile HIV counseling and testing, by testing facilities. The guidelines shall
ensure, among others, that HIV testing is voluntary and confidential and that HIV counseling is
available at all times and provided by qualified persons and DOH-accredited providers;

(3) The PNAC shall accredit institutions or organizations that train HIV and AIDS
counselors; and


(4) The PNAC shall set the standards for HIV counseling and shall work closely with
HIV and AIDS CSOs that train HIV and AIDS counselors and peer educators.

(e) Positive Prevention. — The PNAC, in coordination with the DOH, the LGUs and other
relevant government agencies, shall support preventive measures that shall focus on the positive
roles of persons living with HIV. Such preventive measures shall cover.among others:

(1) The creation of rights-based and community-led behavior change programs that seck
to encourage HIV risk reduction behaviour among persons living with HI

(2) The establishment and enforcement of rights-based mechanisms to encourage newly
tested HIV-positive individuals to conduct sexual contact tracing and to promote HIV status
isclosure to sexual partners;

(3) The establishment of standard precautionary measures in public and private health
facilities;

(4) The accessibility of anti-retroviral treatment, management of opportunistic infections,
and health services related to sexually transmitted infections; and

(5) The mobilization of communities of persons living with HIV for public awareness
campaigns and stigma reduction activities. The enforcement of this provision shall not lead to or
result in the discrimination or violation of the rights of persons living with HIIV.

() Harm Reduction, - The DILG and the DOH shall establish a human rights and
evidence-based HIV prevention policy and program for people who use and inject drugs

(g) Preventing Mother-to-Child HIV Transmission. — The DOH shall establish a program.
to prevent mother-to-child HIV tra sion that shall be integrated in its maternal and child
health services.

(h) Standard Precaution. - The DOH shall establish guidelines on donation of blood,
tissue or organ, surgical and other similar procedures based on the following principles:

(1) Donation of tissue or organs, whether gratuitous or onerous, shall be accepted by a
laboratory or institution only after a sample from the donee has tested negative for HIV. All
donated blood shall also be subjected to HIV testing. HIV positive blood shall be disposed of
properly and immediately. A second testing may be demanded as a matter of right by the blood.
tissue or organ recipient or his immediate relatives before transfusion or transplant, except during
emergency cases

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

(2) The DOH, in consultation with concemed professional organizations and hospital
associations, shall issue guidelines on precautions against HIV transmission during surgical.
dental, embalming, tattooing or similar procedures and guidelines on the handling and
disposition of cadavers, body fluids or wastes of persons known or believed to be HIV p.
The necessary protective equipment such as gloves, goggles and gowns shall be made available
to all physicians and healthcare providers and similarly exposed personnel at all times.

itive.

SEC. 9. Treatment, Care and Support for Persons Living with HIV andAIDS. ~(:)
National HIV and AIDS Treatment Program. — The DOH shall establish a program to provide
free and accessible anti-retroviral treatment to all citizens living with HIV and AIDS. Free


medication for opportunistic infections shall also be provided to persons living with HIV who are
enrolled in the program. It shall likewise establish or accredit public and private treatment hubs
and shall have the authority to develop guidelines on the provision of anti-retrovirals.

(b) Health Insurance. — The Philippine National Health Insurance Corporation
(PhilHealth) shall develop an insurance package for persons living with HIV that shall include
coverage for in-patient and out-patient medical and diagnostic services, including medication andl
treatment. The PhilHealth shall enforce confidentiality in the provision of these packages to
persons living with HIV.

No person living with HIV shall be denied of private health and life insurance coverage
on the basis of the person’s HIV status. The Insurance Commission shall implement this
provision and shall develop the necessary policies to ensure compliance.

(c) Economie Empowerment and Support. ~ Persons living with HIV shall not be
deprived of any employment, livelihood, microfinance, self-help and cooperative programs by
reason of their HIV status. The DOLE and the DSWD, in coordination with the TESDA and with
LGUs, shall develop programs to ensure economic empowerment and provide economic support
to persons living with HIV.

(@) Care and Support for Persons Living with HIV. — The DSWD 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.

(©) Care and Support for Overseas Workers Living with HIV. — The Overseas Workers
Welfare Administration, in coordination with the DSWD and the DFA, shall develop a program.
to provide a stigma-free comprehensive reintegration, care and support program, including
economic, social and medical support, for overseas workers who have been repatriated or are
about to be repatriated due to their HIV status.

SEC. 10. Stigma Reduction and Human Rights. ~ The country’s response to the HIV
and AIDS phenomena shall be anchored on the principles of human rights and human dignity.
and public health concern shall be aligned with the following internationally-recognized human
rights instruments and standards:

(a) Prohibition on Compulsory HIV Testing. ~ As a policy, the State shall encourage
voluntary HIV testing. However, written consent from the person taking the test must be
obtained before HIV testing. If the person is below fifteen (15) years of age or is mentally
incapacitated, such consent shall be obtained from the child’s parents, legal guardian, or
whenever applicable, from the licensed social worker, licensed health service provider, or
a DOH-accredited health service provider assigned to provide health services to the child.

In keeping with the principle of “evolving the capacities of the child” as defined in Section 3(f)
of this Act, HIV testing and counseling shall be made available to a child under the following
conditions:

(1) The child, who is above the age of fifteen (15) years but below eighteen (18)
years, expresses the intention to submit to HIV testing and counseling and other
related services;


(2) Reasonable efforts were undertaken to locate, provide counselling to, and to
obtain the consent of, the parents, but the parents are absent or cannot be located, or
otherwise refuse to give their consent;

(3) Proper counseling shall be conducted by a social worker, healthcare provider or
other healthcare professional, accredited by the DOH or the DSWD; and

(4) The licensed social worker, healthcare provider or other healthcare professional
shall determine that the child is “at higher risk of HIV exposure”, as defined in
Section 3(0) of this Act, and that the conduct of the testing and counseling is in the
child’s best interest and welfare.

(b) Compulsory HIV Testing. ~ Compulsory HIV testing shall be allowed only in the
following instances:

(1) A person 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”;

(2) The determination of HIV status is necessary to resolve the relevant issues under
the Family Code;

(3) To comply with the provisions of Republic Act No. 7170, otherwise known as the
“Organ Donation Act of 1991”;

(4) To comply with the provisions of Republic Act No. 7719, otherwise known as the
“National Blood Services Act of 1994”; and

(5) To comply with requirements of other countries in applying for overseas
employment.

(©) Stigma-Free HIV and AIDS Services. - The PNAC, in cooperation with public
and private HIV and AIDS service providers and CSOs, and in collaboration with the
Commission on Human Rights (CHR), shall ensure the delivery of stigma-free HIV
and AIDS services by government and private HIV and AIDS service providers.

(d) 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:

(1) A person volunteers or freely agrees to donate his or her blood, organ or tissue for
transfusion, transplantation or research; (2) A person has executed a legacy in
accordance with Section 3 of Republic Act No. 7170; and

(3) A donation is executed in accordance with Section 4 of Republic Act No. 7170.
(c) HIV Anti-Body Testing for Pregnant Women. ~ A healthcare provider who offers
pre-natal medical care shall make a nonmandatory HIV anti-body testing available for
pregnant women practicing high risk behavior or are vulnerable to HIV. The DOH
shall provide the necessary guidelines for healthcare providers in the conduct of the
screening procedure.

(f) Redress Mechanism. — The DOJ and the CHR, in coordination with the PNAC.
shall develop redress mechanisms for persons living with HIV to ensure that their
civil, political. economic and social rights are protected.

(g) Acts of Discrimination. — The following discriminatory acts shall be prohibited:


(1) 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;

(2) Refusal of admit segregation, imposition of harsher disciplinary
actions, or denial of services or benefits, of a student or prospective student solely or
partially on the basis of actual, perceived or suspected HIV status;

ion, expulsion,

(3) Restrictions on travel within the Philippines, refusal of lawful entry to the
Philippine territory, deportation from the Philippines, or the quarantine or enforced
isolation of travelers solely or partially on the basis of actual, perceived or suspected
HIV status;

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

(5) Prohibitions on the right to seek an elective or appointive public office solely or
partially on the basis of actual, perceived or suspected HIV status;

(6) Exclusion from health, accident or life insurance, credit and loan services,
including the extension of such loan or insurance facilities, of 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:

(7) Denial of health services, or be charged with higher fee, on the basis of actual,
perceived or suspected HIV status:

(8) Denial of burial services for a deceased person who had HIV and AIDS or who
was known, suspected or perceived to be HIV positive: and

(9) Other similar or analogous discriminatory acts.

SEC. 11. Immunity for HIV Educators, Licensed Social 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 as
provided in Section 8 hereof, or in relation to the legitimate exercise of protective custody of
children, whenever applicable. The DOJ, the DILG and the PNP, in coordination with the
PNAG, shall develop the mechanism for the implementation of this provision.

SEC. 12. Confidenti: The State shall guarantee the confidentiality and privacy of
any individual who has been tested for HIV, has been exposed to HIV, has HIV infection or HIV
and AIDS-related illnesses, or has been treated for HIV-related illnesses.

(a) Confidential HIV and AIDS Information. — Unless otherwise provided in Section
12(c) of this Act, it shall be unlawful to disclose, without written consent, information
that a person:

(1) Had an HIV-related test;
(2) Has HIV infection, HIV-related illnesses or AIDS; or

(3) 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.

It shall be unlawful for any editor, publisher and reporter or columnist in case of
printed materials, announcer or producer in case of television and radio broadcasting,
producer and director of the film 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.

(b) Release of HIV Testing and HIV-Related Test Result. ~The result of any HIV
testing or HIV-related testing shall be released only to the individual who
submitted to the test, or the spouse, if applicable, If the patient is a minor, an
orphan, or is mentally incapacitated, the result may be released to either of the
patient’s parents, legal guardian, or a duly assigned social worker, whichever is
applicable.

(©) Exemptions. ~ Confidential HIV and AIDS information may be released by
HIV testing facilities without written consent on the following grounds:

(1) When complying with the 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;

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

(3) When responding to a subpoena duces tecum and subpoena ad testificandum
ssued by a Court with jurisdiction over a legal proceeding where the mair
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 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.

cis

(d) Disclosure to Sexual Partners. — Any person who, after having been tested, is
found to be infected with the HIV virus, is obliged 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 medical professionals, health workers or peer educators to support him in
disclosing this health condition to one’s partner or spouse.

(e) Civil Liability. — Any person who has obtained knowledge of confidential HIV
and AIDS information and has used such information to malign or cause dama
injury or loss to another person may face liability under Articles 19, 20, 21 and 26
of the Civil Code.



SEC. 13. National HIV and AIDS Program. — A six (6)-year National HIV and AIDS
Program shall be formulated and periodically updated by the PNAC. The Program shall comprise
of 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 response;

(©) The five (5)-year operationalization of the Program and the identification of
the government agencies that shall implement the Program from the national to
the local levels; and

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

SEC, 14, National HIV and AIDS and STI Prevention and Control Program of the
DOH. — The National HIV and AIDS and STI Prevention and Control Program (NASPCP) of
the DOH, which shall be staffed by qualified medical specialists and support personnel with
permanent appointments, shall coordinate with the PNAC for the implementation of the health
sector's HIV and AIDS and ST! response, as identified in the National HIV and AIDS Program

SEC. 15. HIV and AIDS Monitoring and Evaluation. ~The DOH shall establish a
comprehensive HIV and AIDS monitoring and evaluation program that shall serve the following
purpose:

(a) Determine and monitor the magnitude and progression of HIV and AIDS in the
Philippines to help the national response determine the efficacy and adequacy of HIV
prevention and treatment programs:

(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 all
relevant data from public and private hospitals, various databanks or information
systems: Provided, That it shall adopt a coding system thatensures anonymity and
confidentiality; and

(c) Submit an annual report to the Office of the President, Congress and members ot the
PNAC the findings of its monitoring and evaluation activities in compliance with this.
mandate.

SEC. 16. Misinformation on HIV and AIDS as a Prohibited Act. — Misinformation on
HIV and AIDS through false and misleading advertising and claims, or the promotional
marketing of drugs, devices, agents or procedures without prior approval from the PNAC, and
the Food and Drug Administration (FDA) and 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.

SEC. 17. Prohibition on the Use of Condoms and Other Safer Sex Paraphernalia as
Basis for Raids and Similar Police Operations. — It shall be unlawful to use the presence of
used or unused condoms or other safer sex paraphernalia to conduct raids or similar police
operations in sites and venues of HIV prevention interventions.

The DILG shall establish a national policy to guarantee the implementation of this
provision.


SEC. 18. Penalties. — The following penalties and sanctions shall be imposed for the
offenses enumerated in this Act:

(a) Any person found guilty of violating Section 9(b); Section 10(b); Section 10(2):
and Section 12(a), (b), (c) and (e) of this Act shall suffer the penalty of imprisonment
for 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). without
prejudice to the imposition of administrative sanctions such as fines and suspension
or revocation of the entity’s business permit
theindividual’s license to practice his or her profession.

license or accreditation or

(b) Any person who commits any act of discrimination as stipulated in Section 10(g)
of this Act may face liability under Articles 19, 20 and 21 of the Civil Code.

(c) Any person found guilty of violating Section 11 of this Act shall the penalty
of imprisonment for six (6) months 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 if the violator is a law enforcer or a public
official, administrative sanctions may be imposed in addition to the above penalties.

(d) Any person found guilty of violating Section 16 of this Act shall suffer the penalty
of imprisonment for two (2) months to two (2) years, without prejudice to the
imposition of administrative sanctions such as fines and suspension or revocation of
professional or business license.

(e) Any person or any law enforcer found guilty of violating Section 17 of this Act
shall suffer the penalty of imprisonment for 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). Law enforcers found guilty of violating this
section shall be removed from public service.

(® Any person who knowingly or negligently causes another to get infected with HIV
in the course of the practice of one’s profession through unsafe and unsanitary
practice or procedure is liable to suffer a penalty of imprisonment for six (6) years to
twelve (12) years, without prejudice to the imposition of administrative sanctions
such as fines and suspension or revocation of the license to practice one’s profi
The permit or license of any business entity and the accreditation of HIV testing
centers may be cancelled or withdrawn if said establishments fail to maintain such
safe practices and procedures as may be required by the guidelines formulated in
compliance with Section 8(h)(2) of this Act.

sion

The penalties collected pursuant to this section shall be deposited in the National
‘Treasury as income of the general fund.

SEC. 19. 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 private and public 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 for procedures for the resolution, settlement or prosecution of acts of 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 therefor.

(b) Create a permanent committee on the investigation of discrimination cases. The
committee shall conduct meetings to increase the 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

SEC. 20. Congressional Oversight Committee. — To ensure the effective
implementation of this Act, a Congressional Oversight Committee shall be established,
hereinafter referred to as the HIV and AIDS Oversight Committee, that shall be composed of
three (3) members from the Senate, who shall include the Chairperson of the Senate Committee
on Health and Demography, and three (3) members from the House of Representatives, who
shall include the Chairperson of the House Committee on Health. The HIV and AIDS Oversight
Committee shall be jointly chaired by the Chairpersons of the Senate Committee on Health and
Demography and the House Committee on Health.

‘The oversight committee shall exist for a period not exceeding three (3) years from the
effectivity of this Act, after which the oversight functions shall be undertaken by the Committee
on Health and Demography of the Senate of the Philippines and the Committee on Health of the
House of Representatives.

SEC. 21. Appropriations. ~ The initial amount necessary to implement the provisions of
this Act shall be charged against the current year’s appropriation of the PNAC under 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.

SEC. 22. Implementing Rules and Regulations. ~ The PNAC shall promulgate the
necessary implementing rules and regulations within sixty (60) days from the effectivity of this
Act.

SEC. 23. Transitory Provision. — The personnel designated by the DOH as the
Secretariat of the PNAC under Section 47 of Republic Act No. 8504 shall be absorbed as
permanent personnel to fulfill the Secretariat functions stipulated in this Act.

SEC. 24. Separability Clause. - Any portion or provision of this Act that may he
declared unconstitutional or invalid shall not have the effect of nullifying the other portions and
provisions hereof as long as such remaining portions or provisions can still subsist and be given
effect in their entirety.

SEC. 25. Repealing Clause. — Republic Act No. 8504, otherwise known as the
“Philippine AIDS Prevention and Control Act of 1998” and all decrees, executive orders,
proclamations and administrative regulations or parts thereof inconsistent herewith are hereby
repealed, amended or modified accordingly

SEC. 26. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in any national newspaper of general circulation.

Approved,