1 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
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~1 
SENATE 
Senate Bill No. B I' 9 
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JUL 17 P3 :20 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Prenatal transmission is the leading cause of pediatric HIV infections, 
including AIDS cases. In fact, recent studies suggest that HIV-infected women 
give birth and many babies continue to be born with HIV infection each year, 
without the knowledge of appropriate government agencies like the Department 
of Health. 
While medical advances have made it possible to nearly eliminate 
prenatal HIV transmission, as research studies have demonstrated that the 
administration of antiviral medication during pregnancy, during labor, and 
immediately following birth can significantly reduce the transmission of HIV from 
an infected mother to her baby, the same could not be effectively employed if 
there is failure to detect who among pregnant women are inflicted with the 
disease. 
If only to abate the alarming increase of HIV cases in the country, all 
pregnant women should be counseled and offered voluntary HIV testing. 
Certainly, mandatory testing of newborns and universal HIV testing of pregnant 
woman are the best approaches for identifying, treating, and preventing HIV 
among pregnant women and children. 
The proposed measure seeks to provide for HIV testing of pregnant 
women and newly born infants, considering that appropriate counseling and 
treatment can significantly reduce the number of pediatric HIV infections, 
including AIDS cases, can improve access to and medical care for the woman 
and children, and can provide opportunities to further reduce transmission amon~ 
adults. 
Hence, immediate passage of the bill is earnestly sought. 
OY EJERCITO ESTRADA 
Senator 


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,I 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
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SENATE 
Senate Bill No. 8 '79 
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INTRODUOED BY SEN. JINGGOY EJERCITO ESTRADA 
="-a 
AN ACT 
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JUL 17 P J :20 
PROVIDING FOR COUNSELING AND TESTING OF PREGNANT WOMEN 
AND NEWBORN INFANTS FOR INFECTION WITH HUMAN IIIfIMUNQ 
DEFICIENCY VIRUS AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Oongress assembled: 
SECTION 1. Shott Title - This Act shall also be known as the 'Women 
and Children's HIV Protection Act of 2013'~ 
SEC. 2. Declaration of Policy - It is the declared policy of the State to 
protect and promote the right to health and instill health consciousness among 
them by sponsoring programs that will address current health predicaments such 
as ADS prevention, with the end in view of educating the public, particularly 
women and children, on various means to protect themselves from the disease, 
and engaging the government to undertake special project aimed at detecting, 
9911tr9!lil1g ~m! ~\;l~ting th~ l?Pff1{:!d of thf1 vim!? on th~ other hand. 
SEC. 3. Testing Requirement - All government funded hospitals under 
the supervision of the Department of Health and those directly administered by 
local government units shall undertake the following: 
1. 
Provide all pregnant women receiving prenatal care with counseling 
and testing regarding HIV disease; 
2. 
Release the results of such testing and promptly disclose the same to 
the pregnant woman involved; 
3. 
In the case of newborn infants, and whose biological mothers have 
not undergone prenatal testing for HIV disease, provide each such 
infant with comprehensive testing f()f sueh disease; 
4. 
Release the results of such testing of a newborn infant and promptly 
disclose the same in accordance with the following, as applicable to 
the infant involved: 
a. 
To the biological mother of the infant (without regard to 
whether she is the legal guardian of the infant); 


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b. 
To the legal guardian of the infant in appropriate case; and, 
c. 
To the child's health care provider. 
SEC. 4. Liabilities - Any health officer, physician or any other person 
working for any government funded hospital, who fails to comply with the 
mandatory requirements set forth in the preceding section shall be held 
administratively and civilly liable, in accordance with appropriate provisions of the 
Civil Code, the Rules of Court and other pertinent laws. 
SEC. 5. Guidelines - The Department of Health shall issue appropriate 
guidelines, within two months after the effectivity of this Act making such testing, 
counseling, and treatment the standard of care among government-funded 
hospitals. 
SEC. 6. Separability Clause. - If any provision or part hereof, is held 
invalid or unconstitutional, the remainder of the law or the provisions not 
otherwise affected shall remain valid and subsisting. 
SEC. 7. Repealing Clause. - Any law, presidential decree or issuance, 
~)(~9ytivE,l Of9E,lf, 
lE,ltt~r Of in!ltfY9ti0!1, ~dministr~tivE,l Org~r, rY!~ Of rE,lgY!~ti9n 
contrary to or inconsistent with the provisions of this Act is hereby repealed, 
modified or amended accordingly. 
SEC. 8. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved,