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Republic of the Philippines

Congress of the Philippines


Metro Manila
Eighth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, nineteen hundred and eighty-eight.
Republic Act No. 6675

September 13, 1988

AN ACT TO PROMOTE, REQUIRE AND ENSURE THE PRODUCTION OF AN ADEQUATE SUPPLY,


DISTRIBUTION, USE AND ACCEPTANCE OF DRUGS AND MEDICINES IDENTIFIED BY THEIR GENERIC
NAMES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Title This Act shall be known as the "Generics Act of 1988."
Section 2. Statement of Policy It is hereby declared the policy of the State:
To promote, encourage and require the use of generic terminology in the importation, manufacture,
distribution, marketing, advertising and promotion, prescription and dispensing of drugs;
To ensure the adequate supply of drugs with generic names at the lowest possible cost and endeavor to
make them available for free to indigent patients;
To encourage the extensive use of drugs with generic names through a rational system of procurement
and distribution;
To emphasize the scientific basis for the use of drugs, in order that health professionals may become
more aware and cognizant of their therapeutic effectiveness; and
To promote drug safety by minimizing duplication in medications and/or use of drugs with potentially
adverse drug interactions.
Section 3. Definition of Terms The following terms are herein defined for purposes of this Act:
(1) "Generic Name or Generic Terminology" is the identification of drugs and medicines by their
scientifically and internationally recognize active ingredients or by their official generic name as
determined by the Bureau of Food and Drugs of the Department of Health.
(2) "Active Ingredient" is the chemical component responsible for the claimed therapeutic effect of the
pharmaceutical product.
(3) "Chemical Name" is the description of the chemical structure of the drug or medicine and serves as
the complete identification of a compound.
(4) "Drug Product" is the finished product form that contains the active ingredients, generally but not
necessarily in association with inactive ingredients.
(5) "Drug Establishment" is any organization or company involved in the manufacture, importation,
repacking and/or distribution of drugs or medicines.
(6) "Drug Outlets" means drugstores, pharmacies, and any other business establishments which sell
drugs or medicines.

(7) "Essential Drugs List" or "National Drug Formulary" is a list of drugs prepared and periodically
updated by the Department of Health on the basis of health conditions obtaining in the Philippines as
well as on internationally accepted criteria. It shall consist of a core list and a complementary list.
(8) "Core List" is a list of drugs that meets the health care needs of the majority of the population.
(9) "Complementary List" is a list of alternative drugs used when there is no response to the core
essential drug or when there is hypersensitivity reaction to the core essential drug or when for one
reason or another, the core essential drug cannot be given.
(10) "Brand Name" is the proprietary name given by the manufacturer to distinguish its product from
those of competitors.
(11) "Generic Drugs" are drugs not covered by patent protection and which are labeled solely by their
international non-proprietary or generic name.
Section 4. The Use of Generic Terminology for Essential Drugs and Promotional Incentives. (a) In the
promotion of the generic names for pharmaceutical products, special consideration shall be given to drugs and
medicines which are included in the Essential Drugs List to be prepared within one hundred eighty (180) days
from approval of this Act and updated quarterly by the Department of Health on the basis of health conditions
obtaining in the Philippines as well as on internationally accepted criteria.
(b) The exclusive use of generic terminology in the manufacture, marketing and sales of drugs and medicines,
particularly those in the Essential Drugs List, shall be promoted through such a system of incentives as the
Board of Investments jointly with the Department of Health and other government agencies as may be
authorized by law, shall promulgate in accordance with existing laws, within one hundred eighty (180) days after
approval of this Act.
Section 5. Posting and Publication The Department of Health shall publish annually in at least two (2)
newspapers of general circulation in the Philippines the generic names, and the corresponding brand names
under which they are marketed, of all drugs and medicines available in the Philippines.
Section 6. Who Shall Use Generic Terminology - (a) All government health agencies and their personnel as
well as other government agencies shall use generic terminology or generic names in all transactions related to
purchasing, prescribing, dispensing and administering of drugs and medicines.
(b) All medical, dental and veterinary practitioners, including private practitioners, shall write prescriptions using
the generic name. The brand name may be included if so desired.
(c) Any organization or company involved in the manufacture, importation, repacking, marketing and/or
distribution of drugs and medicines shall indicate prominently the generic name of the product. In the case of
brand name products, the generic name shall appear prominently and immediately above the brand name in all
product labels as well as in advertising and other promotional materials.
(d) Drug outlets, including drugstores, hospital and non-hospital pharmacies and non-traditional outlets such as
supermarkets and stores, shall inform any buyer about any and all other drug products having the same generic
name, together with their corresponding prices so that the buyer may adequately exercise, his option.
Within one (1) year after approval of this Act, the drug outlets referred to herein, shall post in conspicuous places
in their establishments, a list of drug products with the same generic name and their corresponding prices.
Section 7. Provision on Quality, Manufacturers Identity and Responsibility In order to assure
responsibility for drug quality in all instances, the label of all drugs and medicines shall have the following: name
and country of manufacture, dates of manufacture and expiration. The quality of such generically labeled drugs
and medicines shall be duly certified by the Department of Health.

Section 8. Required Production Subject to the rules and regulations promulgated by the Secretary of Health,
every drug manufacturing company operating in the Philippines shall be required to produce, distribute and
make available to the general public the medicine it produces, in the form of generic drugs.
Section 9. Rules and Regulations The implementation of the provisions of this Act shall be in accordance
with the rules and regulations to be promulgated by the Department of Health. Rules and regulations with penal
sanctions shall be promulgated within one hundred eighty (180) days after approval of this Act and shall take
effect fifteen (15) days after publication in the Official Gazette or in two (2) newspapers of general circulation.
Section 10. Authority to Import Within three (3) years from the effectivity of this Act, extendible by the
President for another two (2) years and during periods of critical shortage and absolute necessity, the
Department of Health is hereby authorized to import raw materials of which there is a shortage for the use of
Filipino-owned or controlled drug establishments to be marketed and sold exclusively under generic
nomenclature. The President may authorize the importation of raw materials tax and duty-free. The Secretary of
Health shall ensure that the imported raw materials are allocated fairly and efficiently among Filipino-owned or
controlled drug establishments. He shall submit to the Office of the President and to Congress a quarterly report
on the quantity, kind and value of the raw materials imported.
Section 11. Education Drive The Department of Health jointly with the Department of Education, Culture and
Sports, Philippine Information Agency and the Department of Local Government shall conduct a continuous
information campaign for the public and a continuing education and training for the medical and allied medical
professions on drugs with generic names as an alternative of equal efficacy to the more expensive brand name
drugs. Such educational campaign shall include information on the illnesses or symptoms which each generically
named drug is supposed to cure or alleviate, as well as its contraindications. The Department of Health with the
assistance of the Department of Local Government and the Philippine Information Agency shall monitor the
progress of the education drive, and shall submit regular reports to Congress.
Section 12. Penalty A) Any person who shall violate Section 6(a) or 6(b) of this Act shall suffer the penalty
graduated hereunder, viz:
(a) for the first conviction, he shall suffer the penalty of reprimand which shall be officially recorded in the
appropriate books of the Professional Regulation Commission.
(b) for the second conviction, the penalty of fine in the amount of not less than two thousand pesos
(P2,000.00) but not exceeding five thousand pesos (5,000.00) at the discretion of the court.
(c) for the third conviction, the penalty of fine in the amount of not less than five thousand pesos
(P5,000.00) but not exceeding then thousand pesos (P10,000.00) and suspension of his license to
practice his profession for thirty (30) days at the discretion of the court.
(d) for the fourth and subsequent convictions, the penalty of fine of not less than ten thousand pesos
(P10,000.00) and suspension of his license to practice his profession for one year or longer at the
discretion of the court.
B) Any juridical person who violates Section 6(c), 6(d), 7 or 8 shall suffer the penalty of a fine of not less than five
thousand pesos (P5,000.00) nor more than ten thousand pesos (P10,000.00) and suspension or revocation of
license to operate such drug establishment or drug outlet at the discretion of the Court: Provided,That its officers
directly responsible for the violation shall suffer the penalty of fine and suspension or revocation of license to
practice profession, if applicable, and by imprisonment of not less than six (6) months nor more than one (1) year
or both fine and imprisonment at the discretion of the Court: and Provided, further, That if the guilty party is an
alien, he shall be ipso facto deported after service of sentence without need of further proceedings. C) The
Secretary of Health shall have the authority to impose administrative sanctions such as suspension or
cancellation of license to operate or recommend suspension of license to practice profession to the Professional

Regulation Commission as the case may be for the violation of this Act. Section 13. Separability Clause If any
provision of this Act is declared invalid, the remainder or any provision hereof not affected thereby shall remain in
force and effect.
Section 14. Repealing Clause The provisions of any law, executive order, presidential decree or other
issuances inconsistent with this Act are hereby repealed or modified accordingly.
Section 15. Effectivity This Act shall take effect fifteen (15) days after its complete publication in the Official
Gazette or two (2) newspapers of general circulation.
Approved,
(Sgd.) RAMON V. MITRA
Speaker of the House of
Representatives

(Sgd.) JOVITO R. SALONGA


President of the Senate

This Act which is a consolidation of Senate Bill NO. 453 and House Bill No. 10900 was finally passed by the
Senate and the House of Representatives on August 25, 1988 and August 31, 1988, respectively.
(Sgd.) QUIRINO D. ABAD SANTOS, JR.
Secretary General
House of Represenatives

(Sgd.) EDWIN P. ACOBA


Secretary of Senate

Approved: September 13, 1988


(Sgd.) CORAZON C. AQUINO
President of the Philippines

Republic of the Philippines


Congress of the Philippines
Metro Manila
Tenth Congress

Republic Act No. 8504

February 13, 1998

AN ACT PROMULGATING POLICIES AND PRESCRIBING MEASURES FOR THE PREVENTION AND
CONTROL OF HIV/AIDS IN THE PHILIPPINES, INSTITUTING A NATIONWIDE HIV/AIDS INFORMATION
AND EDUCATIONAL PROGRAM, ESTABLISHING A COMPREHENSIVE HIV/AIDS MONITORING SYSTEM,
STRENGTHENING THE PHILIPPINE NATIONAL AIDS COUNCIL, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Title. This Act shall be known as the "Philippine AIDS Prevention and Control Act of 1998."

Section 2. Declaration of policies. Acquired Immune Deficiency Syndrome (AIDS) is a disease that
recognizes no territorial, social, political and economic boundaries for which there is no known cure. The gravity
of the AIDS threat demands strong State action today, thus:
(a) The State shall promote public awareness about the causes, modes of transmission, consequences,
means of prevention and control of HIV/AIDS through a comprehensive nationwide educational and
information campaign organized and conducted by the State. Such campaigns shall promote value
formation and employ scientifically proven approaches, focus on the family as a basic social unit, and be
carried out in all schools and training centers, workplaces, and communities. This program shall involve
affected individuals and groups, including people living with HIV/AIDS.
(b) The State shall extend to every person suspected or known to be infected with HIV/AIDS full
protection of his/her human rights and civil liberties. Towards this end:
(1) compulsory HIV testing shall be considered unlawful unless otherwise provided in this Act;
(2) the right to privacy of individuals with HIV shall be guaranteed;
(3) discrimination, in all its forms and subtleties, against individuals with HIV or persons
perceived or suspected of having HIV shall be considered inimical to individual and national
interest; and
(4) provision of basic health and social services for individuals with HIV shall be assured.
(c) The State shall promote utmost safety and universal precautions in practices and procedures that
carry the risk of HIV transmission.
(d) The State shall positively address and seek to eradicate conditions that aggravate the spread of HIV
infection, including but not limited to, poverty, gender inequality, prostitution, marginalization, drug abuse
and ignorance.
(e) The State shall recognize the potential role of affected individuals in propagating vital information and
educational messages about HIV/AIDS and shall utilize their experience to warn the public about the
disease.
Section 3. Definition of terms. As used in this Act, the following terms are defined as follows:
(a) "Acquired Immune Deficiency Syndrome (AIDS)" a condition characterized by a combination of
signs and symptoms, caused by HIV contracted from another person and which attacks and weakens
the body's immune system, making the afflicted individual susceptible to other life-threatening infections.
(b) "Anonymous Testing" refers to an HIV testing procedure whereby the individual being tested does
not reveal his/her true identity. An identifying number or symbol is used to substitute for the name and
allows the laboratory conducting the test and the person on whom the test is conducted to match the test
results with the identifying number or symbol.
(c) "Compulsory HIV Testing" refers to HIV testing imposed upon a person attended or characterized
by the lack of or vitiated consent, use of physical force, intimidation or any form of compulsion.
(d) "Contact tracing" refers to the method of finding and counselling the sexual partner(s) of a person
who has been diagnosed as having sexually transmitted disease.
(e) "Human Immunodeficiency Virus (HIV)" refers to the virus which causes AIDS.
(f) "HIV/AIDS Monitoring" refers to the documentation and analysis of the number of HIV/AIDS
infections and the pattern of its spread.

(g) "HIV/AIDS Prevention and Control" refers to measures aimed at protecting non-infected from
contracting HIV and minimizing the impact of the condition of persons living with HIV.
(h) "HIV-positive" refers to the presence of HIV infection as documented by the presence of HIV or HIV
antibodies in the sample being tested.
(i) "HIV-negative" denotes the absence of HIV or HIV antibodies upon HIV testing.
(j) "HIV Testing" refers to any laboratory procedure done on an individual to determine the presence or
absence of HIV infection.
(k) "HIV Transmission" refers to the transfer of HIV from one infected person to an uninfected
individual, most commonly through sexual intercourse, blood transfusion, sharing of intravenous needles
and during pregnancy.
(l) "High-Risk Behavior" refers to a person's frequent involvement in certain activities which increase
the risk of transmitting or acquiring HIV.
(m) "Informed Consent" refers to the voluntary agreement of a person to undergo or be subjected to a
procedure based on full information, whether such permission is written, conveyed verbally, or expressed
indirectly.
(n) "Medical Confidentiality" refers to the relationship of trust and confidence created or existing
between a patient or a person with HIV and his attending physician, consulting medical specialist, nurse,
medical technologist and all other health workers or personnel involved in any counselling, 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.
(o) "Person with HIV" refers to an individual whose HIV test indicates, directly or indirectly, that he/she
is infected with HIV.
(p) "Pre-Test Counselling" 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 he/she is subjected to the test.
(q) "Post-Test Counselling" refers to the process of providing risk-reduction information and emotional
support to a person who submitted to HIV testing at the time that the test result is released.
(r) "Prophylactic" refers to any agent or device used to prevent the transmission of a disease.
(s) "Sexually Transmitted Diseases" refers to any disease that may be acquired or passed on through
sexual contact.
(t) "Voluntary HIV Testing" refers to HIV testing done on an individual who, after having undergone pretest counselling, willingly submits himself/herself to such test.
(u) "Window Period" refers to the period of time, usually lasting from two weeks to six (6) months
during which an infected individual will test "negative" upon HIV testing but can actually transmit the
infection.
ARTICLE I
EDUCATION AND INFORMATION
Sec. 4. HIV/AIDS education in schools. The Department of Education, Culture and Sports (DECS), the
Commission on Higher Education (CHED), and the Technical Education and skills Development Authority
(TESDA), utilizing official information provided by the Department of Health, shall integrate instruction on the
causes, modes of transmission and ways of preventing HIV/AIDS and other sexually transmitted diseases in

subjects taught in public and private schools at intermediate grades, secondary and tertiary levels, including nonformal and indigenous learning systems: Provided, That if the integration of HIV/AIDS education is not
appropriate or feasible, the DECS and TESDA shall design special modules on HIV/AIDS prevention and
control: Provided, further, That it shall not be used as an excuse to propagate birth control or the sale or
distribution of birth control devices: Provided, finally, That it does not utilize sexually explicit materials.
Flexibility in the formulation and adoption of appropriate course content, scope, and methodology in each
educational level or group shall be allowed after consultations with Parent-Teachers-Community Associations,
Private School Associations, school officials, and other interest groups. As such, no instruction shall be offered to
minors without adequate prior consultation with parents who must agree to the thrust and content of the
instruction materials.
All teachers and instructors of said HIV/AIDS courses shall be required to undergo a seminar or training on
HIV/AIDS prevention and control to be supervised by DECS, CHED and TESDA, in coordination with the
Department of Health (DOH), before they are allowed to teach on the subject.
Section 5. HIV/AIDS information as a health service. HIV/AIDS education and information dissemination
shall form part of the delivery of health services by health practitioners, workers and personnel. The knowledge
and capabilities of all public health workers shall be enhanced to include skills for proper information
dissemination and education on HIV/AIDS. It shall likewise be considered a civic duty of health providers in the
private sector to make available to the public such information necessary to control the spread of HIV/AIDS and
to correct common misconceptions about this disease. The training or health workers shall include discussions
on HIV-related ethical issues such as confidentiality, informed consent and the duty to provide treatment.
Section 6. HIV/AIDS education in the workplace. All government and private employees, workers,
managers, and supervisors, including members of the Armed Forces of the Philippines (AFP) and the Philippine
National Police (PNP), shall be provided with the standardized basic information and instruction on HIV/AIDS
which shall include topics on confidentiality in the workplace and attitude towards infected employees and
workers. In collaboration with the Department of Health (DOH), the Secretary of the Department of Labor and
Employment (DOLE) shall oversee the anti-HIV/AIDS campaign in all private companies while the Armed Forces
Chief of Staff and the Director General of the PNP shall oversee the implementation of this Sec..
Section 7. HIV/AIDS education for Filipinos going abroad. The State shall ensure that all overseas Filipino
workers and diplomatic, military, trade, and labor officials and personnel to be assigned overseas shall undergo
or attend a seminar on the cause, prevention and consequences of HIV/AIDS before certification for overseas
assignment. The Department of Labor and Employment or the Department of Foreign Affairs, the Department of
Tourism and the Department of Justice through the Bureau of Immigration, as the case may be, in collaboration
with the Department of Health (DOH), shall oversee the implementation of this Sec..
Section 8. Information campaign for tourists and transients. Informational aids or 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 Department of Tourism, the Department of Foreign Affairs, the
Department of Justice through the Bureau of Immigration, in collaboration with the Department of Health (DOH),
shall oversee the implementation of this Act.
Section 9. HIV/AIDS education in communities. Local government units, in collaboration with the
Department of Health (DOH), shall conduct an educational and information campaign on HIV/AIDS. The
provincial governor, city or municipal mayor and the barangay captain shall coordinate such campaign among
concerned government agencies, non-government organizations and church-based groups.
Section 10. 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 STD infection, as well as the importance of sexual abstinence and mutual fidelity.
Section 11. Penalties for misleading information. Misinformation on HIV/AIDS prevention and control
through false and misleading advertising and claims in any of the tri-media or the promotional marketing of
drugs, devices, agents or procedures without prior approval from the Department of Health and the Bureau of
Food and Drugs and the requisite medical and scientific basis, including markings and indications in drugs and
devises or agents, purporting to be a cure or a fail-safe prophylactic for HIV infection is punishable with a 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.
ARTICLE II
SAFE PRACTICES AND PROCEDURES
Sec. 12. Requirement on the donation of blood, tissue, or organ. No laboratory or institution shall accept a
donation of tissue or organ, whether such donation is gratuitous or onerous, unless a sample from the donor has
been tested negative for HIV. All donated blood shall also be subjected to HIV testing and HIV(+) 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: Provided, That donations of blood, tissue, or organ testing positive for HIV may be accepted for research
purposes only, and subject to strict sanitary disposal requirements.
Section 13. Guidelines on surgical and similar procedures. The Department of Health (DOH), in
consultation and in coordination with concerned professional organizations and hospital associations, shall issue
guidelines on precautions against HIV transmission during surgical, dental, embalming, tattooing or similar
procedures. The DOH shall likewise issue guidelines on the handling and disposition of cadavers, body fluids or
wastes of persons known or believed to be HIV-positive.
The necessary protective equipment such as gloves, goggles and gowns, shall be made available to all
physicians and health care providers and similarly exposed personnel at all times.
Section 14. Penalties for unsafe practices and procedures. Any person who knowingly or negligently
causes another to get infected with HIV in the course of the practice of his/her 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, but not limited to, fines and
suspension or revocation of the license to practice his/her profession. The permit or license of any business
entity and the accreditation of hospitals, laboratory, or clinics may be cancelled or withdrawn if said
establishments fail to maintain such safe practices and procedures as may be required by the guidelines to be
formulated in compliance with Sec. 13 of this Act.
ARTICLE III
TESTING, SCREENING AND COUNSELLING
Sec. 15. Consent as a requisite for HIV testing. No compulsory HIV testing shall be allowed. However, the
State shall encourage voluntary testing for individuals with a high risk for contracting HIV: Provided, That written
informed consent must first be obtained. Such consent shall be obtained from the person concerned if he/she is
of legal age or from the parents or legal guardian in the case of a minor or a mentally incapacitated individual.
Lawful consent to HIV testing of a donated human body, organ, tissue, or blood shall be considered as having
been given when:
(a) a person volunteers or freely agrees to donate his/her blood, organ, or tissue for transfusion,
transplantation, or research;

(b) a person has executed a legacy in accordance with Sec. 3 of Republic Act No. 7170, also known as
the "Organ Donation Act of 1991";
(c) a donation is executed in accordance with Sec. 4 of Republic Act No. 7170.
Section 16. Prohibitions on compulsory HIV testing. Compulsory HIV testing as a precondition to
employment, admission to educational institutions, the exercise of freedom of abode, entry or continued stay in
the country, or the right to travel, the provision of medical service or any other kind of service, or the continued
enjoyment of said undertakings shall be deemed unlawful.
Section 17. Exception to the prohibition on compulsory testing. Compulsory HIV testing may be allowed
only in the following instances:
a) When a person is charged with any of the crimes punishable under Articles 264 and 266 as amended
by Republic Act No. 8353, 335 and 338 of Republic Act No. 3815, otherwise known as the "Revised
Penal Code" or under Republic Act No. 7659;
b) When the determination of the HIV status is necessary to resolve the relevant issues under Executive
Order No. 309, otherwise known as the "Family Code of the Philippines"; and
c) When complying with the provisions of Republic Act No. 7170, otherwise known as the "Organ
Donation Act" and Republic Act No. 7719, otherwise known as the "National Blood Services Act".
Section 18. Anonymous HIV testing. The State shall provide a mechanism for anonymous HIV testing and
shall guarantee anonymity and medical confidentiality in the conduct of such tests.
Section 19. Accreditation of HIV Testing Centers. All testing centers, hospitals, clinics, and laboratories
offering HIV testing services are mandated to seek accreditation from the Department of Health which shall set
and maintain reasonable accreditation standards.
Section 20. Pre-test and post-test counselling. All testing centers, clinics, or laboratories which perform any
HIV test shall be required to provide and conduct free pre-test counselling and post-test counselling for persons
who avail of their HIV/AIDS testing services. However, such counselling services must be provided only by
persons who meet the standards set by the DOH.
Section 21. Support for HIV Testing Centers. The Department of Health shall strategically build and
enhance the capabilities for HIV testing of hospitals, clinics, laboratories, and other testing centers primarily, by
ensuring the training of competent personnel who will provide such services in said testing sites.
ARTICLE IV
HEALTH AND SUPPORT SERVICES
Sec. 22. Hospital-based services. Persons with HIV/AIDS shall be afforded basic health services in all
government hospitals, without prejudice to optimum medical care which may be provided by special AIDS wards
and hospitals.
Section 23. Community-based services. Local government units, in coordination and in cooperation with
concerned government agencies, non-government organizations, persons with HIV/AIDS and groups most at
risk of HIV infection shall provide community-based HIV/AIDS prevention and care services.
Section 24. Livelihood programs and trainings. Trainings for livelihood, self-help cooperative programs
shall be made accessible and available to all persons with HIV/AIDS. Persons infected with HIV/AIDS shall not
be deprived of full participation in any livelihood, self-help and cooperative programs for reason of their health
conditions.

Section 25. Control of sexually transmitted diseases. The Department of Health, in coordination and in
cooperation with concerned government agencies and non-government organizations shall pursue the
prevention and control of sexually transmitted diseases to help contain the spread of HIV infection.
Section 26. Insurance for persons with HIV. The Secretary of Health, in cooperation with the Commissioner
of the Insurance Commission and other public and private insurance agencies, shall conduct a study on the
feasibility and viability of setting up a package of insurance benefits and, should such study warrant it, implement
an insurance coverage program for persons with HIV. The study shall be guided by the principle that access to
health insurance is part of an individual's right to health and is the responsibility of the State and of society as a
whole.
ARTICLE V
MONITORING
Sec. 27. Monitoring program. A comprehensive HIV/AIDS monitoring program or "AIDSWATCH"shall be
established under the Department of Health to determine and monitor the magnitude and progression of HIV
infection in the Philippines, and for the purpose of evaluating the adequacy and efficacy of the countermeasures
being employed.
Section 28. Reporting procedures. All hospitals, clinics, laboratories, and testing centers for HIV/AIDS shall
adopt measures in assuring the reporting and confidentiality of any medical record, personal data, file, including
all data which may be accessed from various data banks or information systems. The Department of Health
through its AIDSWATCH monitoring program shall receive, collate and evaluate all HIV/AIDS related medical
reports. The AIDSWATCH data base shall utilize a coding system that promotes client anonymity.
Section 29. Contact tracing. HIV/AIDS contact tracing and all other related health intelligence activities may
be pursued by the Department of Health: Provided, That these do not run counter to the general purpose of this
Act: Provided, further, That any information gathered shall remain confidential and classified, and can only be
used for statistical and monitoring purposes and not as basis or qualification for any employment, school
attendance, freedom of abode, or travel.
ARTICLE VI
CONFIDENTIALITY
Sec. 30. Medical confidentiality. All health professionals, medical instructors, workers, employers,
recruitment agencies, insurance companies, data encoders, and other custodians of any medical record, file,
data, or test results are directed to strictly observe confidentiality in the handling of all medical information,
particularly the identity and status of persons with HIV.
Section 31. Exceptions to the mandate of confidentiality. Medical confidentiality shall not be considered
breached in the following cases:
(a) when complying with reportorial requirements in conjunction with the AIDSWATCH programs
provided in Sec. 27 of this Act;
(b) when informing other health workers directly involved or about to be involved in the treatment or care
of a person with HIV/AIDS: Provided, That such treatment or care carry the risk of HIV transmission:
Provided, further, That such workers shall be obliged to maintain the shared medical confidentiality;
(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 shall be properly sealed by its lawful custodian
after being double-checked for accuracy by the head of the office or department, hand delivered, and

personally opened by the judge: Provided, further, That the judicial proceedings be held in executive
session.
Section 32. Release of HIV/AIDS test results. All results of HIV/AIDS testing shall be confidential and shall
be released only to the following persons:
(a) the person who submitted himself/herself to such test;
(b) either parent of a minor child who has been tested;
(c) a legal guardian in the case of insane persons or orphans;
(d) a person authorized to receive such results in conjunction with the AIDSWATCH program as provided
in Sec. 27 of this Act;
(e) a justice of the Court of Appeals or the Supreme Court, as provided under subSec. (c) of this Act and
in accordance with the provision of Sec. 16 hereof.
Section 33. Penalties for violations of confidentiality. Any violation of medical confidentiality as provided in
Sec.s 30 and 32 of this Act shall suffer the penalty of imprisonment for six (6) months to four (4) years, without
prejudice to administrative sanctions such as fines and suspension or revocation of the violator's license to
practice his/her profession, as well as the cancellation or withdrawal of the license to operate any business entity
and the accreditation of hospitals, laboratories or clinics.
Section 34. Disclosure to sexual partners. Any person with HIV is obliged to disclose his/her HIV status and
health condition to his/her spouse or sexual partner at the earliest opportune time.
ARTICLE VII
DISCRIMINATORY ACTS AND POLICIES
Sec. 35. Discrimination in the workplace. Discrimination in any form from pre-employment to postemployment, including hiring, promotion or assignment, based on the actual, perceived or suspected HIV status
of an individual is prohibited. Termination from work on the sole basis of actual, perceived or suspected HIV
status is deemed unlawful.
Section 36. Discrimination in schools. No educational institution shall refuse admission or expel, discipline,
segregate, deny participation, benefits or services to a student or prospective student on the basis of his/her
actual, perceived or suspected HIV status.
Section 37. Restrictions on travel and habitation. The freedom of abode, lodging and travel of a person
with HIV shall not be abridged. No person shall be quarantined, placed in isolation, or refused lawful entry into or
deported from Philippine territory on account of his/her actual, perceived or suspected HIV status.
Section 38. Inhibition from public service. The right to seek an elective or appointive public office shall not
be denied to a person with HIV.
Section 39. Exclusion from credit and insurance services. All credit and loan services, including health,
accident and life insurance shall not be denied to a person on the basis of his/her actual, perceived or suspected
HIV status: Provided, That the person with HIV has not concealed or misrepresented the fact to the insurance
company upon application. Extension and continuation of credit and loan shall likewise not be denied solely on
the basis of said health condition.
Section 40. Discrimination in hospitals and health institutions. No person shall be denied health care
service or be charged with a higher fee on account of actual, perceived or suspected HIV status.
Section 41. Denial of burial services. A deceased person who had AIDS or who was known, suspected or
perceived to be HIV-positive shall not be denied any kind of decent burial services.

Section 42. Penalties for discriminatory acts and policies. All discriminatory acts and policies referred to in
this Act shall be punishable with a penalty of imprisonment for six (6) months to four (4) years and a fine not
exceeding Ten thousand pesos (P10,000.00). In addition, licenses/permits of schools, hospitals and other
institutions found guilty of committing discriminatory acts and policies described in this Act shall be revoked.
ARTICLE VIII
THE PHILIPPINE NATIONAL AIDS COUNCIL
Sec. 43. Establishment. The Philippine National AIDS Council (PNAC) created by virtue of Executive Order
No. 39 dated 3 December 1992 shall be reconstituted and strengthened to enable the Council to oversee an
integrated and comprehensive approach to HIV/AIDS prevention and control in the Philippines. It shall be
attached to the Department of Health.
Section 44. Functions. The Council shall be the central advisory, planning and policy-making body for the
comprehensive and integrated HIV/AIDS prevention and control program in the Philippines. The Council shall
perform the following functions:
(a) Secure from government agencies concerned recommendations on how their respective agencies
could operationalize specific provisions of this Act. The Council shall integrate and coordinate such
recommendations and issue implementing rules and regulations of this Act. The Council shall likewise
ensure that there is adequate coverage of the following:
(1) The institution of a nationwide HIV/AIDS information and education program;
(2) The establishment of a comprehensive HIV/AIDS monitoring system;
(3) The issuance of guidelines on medical and other practices and procedures that carry the risk
of HIV transmission;
(4) The provision of accessible and affordable HIV testing and counselling services to those who
are in need of it;
(5) The provision of acceptable health and support services for persons with HIV/AIDS in
hospitals and in communities;
(6) The protection and promotion of the rights of individuals with HIV; and
(7) The strict observance of medical confidentiality.
(b) Monitor the implementation of the rules and regulations of this Act, issue or cause the issuance of
orders or make recommendations to the implementing agencies as the Council considers appropriate;
(c) Develop a comprehensive long-term national HIV/AIDS prevention and control program and monitor
its implementation;
(d) Coordinate the activities of and strengthen working relationships between government and nongovernment agencies involved in the campaign against HIV/AIDS;
(e) Coordinate and cooperate with foreign and international organizations regarding data collection,
research and treatment modalities concerning HIV/AIDS; and
(f) Evaluate the adequacy of and make recommendations regarding the utilization of national resources
for the prevention and control of HIV/AIDS in the Philippines.
Section 45. Membership and composition. (a) The Council shall be composed of twenty-six (26) members
as follows:
(1) The Secretary of the Department of Health;

(2) The Secretary of the Department of Education, Culture and Sports or his representative;
(3) The Chairperson of the Commission on Higher Education or his representative;
(4) The Director-General of the Technical Education and Skills Development Authority or his
representative;
(5) The Secretary of the Department of Labor and Employment or his representative;
(6) The Secretary of the Department of Social Welfare and Development or his representative;
(7) The Secretary of the Department of the Interior and Local Government or his representative;
(8) The Secretary of the Department of Justice or his representative;
(9) The Director-General of the National Economic and Development Authority or his representative;
(10) The Secretary of the Department of Tourism or his representative;
(11) The Secretary of the Department of Budget and Management or his representative;
(12) The Secretary of the Department of Foreign Affairs or his representative;
(13) The Head of the Philippine Information Agency or his representative;
(14) The President of the League of Governors or his representative;
(15) The President of the League of City Mayors or his representative;
(16) The Chairperson of the Committee on Health of the Senate of the Philippines or his representative;
(17) The Chairperson of the Committee on Health of the House of Representatives or his
representative;
(18) Two (2) representatives from organizations of medical/health professionals;
(19) Six (6) representatives from non-government organizations involved in HIV/AIDS prevention and
control efforts or activities; and
(20) A representative of an organization of persons dealing with HIV/AIDS.
(b) To the greatest extent possible, appointment to the Council must ensure sufficient and discernible
representation from the fields of medicine, education, health care, law, labor, ethics and social services;
(c) All members of the Council shall be appointed by the President of the Republic of the Philippines, except for
the representatives of the Senate and the House of Representatives, who shall be appointed by the Senate
President and the House Speaker, respectively;
(d) The members of the Council shall be appointed not later than thirty (30) days after the date of the enactment
of this Act;
(e) The Secretary of Health shall be the permanent chairperson of the Council; however, the vice-chairperson
shall be elected by its members from among themselves, and shall serve for a term of two (2) years; and
(f) For members representing medical/health professional groups and the six (6) non-government organizations,
they shall serve for a term of two (2) years, renewable upon recommendation of the Council.
Section 46. Reports. The Council shall submit to the President and to both Houses of Congress
comprehensive annual reports on the activities and accomplishments of the Council. Such annual reports shall
contain assessments and evaluation of intervention programs, plans and strategies for the medium- and longterm prevention and control program on HIV/AIDS in the Philippines.

Section 47. Creation of Special HIV/AIDS Prevention and Control Service. There shall be created in the
Department of Health a Special HIV/AIDS Prevention and Control Service staffed by qualified medical specialists
and support staff with permanent appointment and supported with an adequate yearly budget. It shall implement
programs on HIV/AIDS prevention and control. In addition, it shall also serve as the secretariat of the Council.
Section 48. Appropriations. The amount of Twenty million pesos (P20,000,000.00) shall be initially
appropriated out of the funds of the National Treasury. Subsequent appropriations shall be provided by Congress
in the annual budget of the Department of Health under the General Appropriations Act.
ARTICLE IX
MISCELLANEOUS PROVISIONS
Sec. 49. Implementing rules and regulations. Within six (6) months after it is fully reconstituted, the Council
shall formulate and issue the appropriate rules and regulations necessary for the implementation of this Act.
Section 50. Separability clause. If any provision of this Act is declared invalid, the remainder of this Act or
any provision not affected thereby shall remain in force and effect.
Section 51. Repealing clause. All laws, presidential decrees, executive orders and their implementing rules
inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
Section 52. Effectivity. This Act shall take effect fifteen (15) days after its publication in at least two (2)
national newspapers of general circulation.
Approved: February 13, 1998

Commonwealth Act No. 3753


Law on Registry of Civil Status

Section 1. Civil Register. A civil register is established for recording the civil status of persons, in which shall
be entered: (a) births; (b) deaths; (c) marriages; (d) annulments of marriages; (e) divorces; (f) legitimations; (g)
adoptions; (h) acknowledgment of natural children; (i) naturalization; and (j) changes of name.

Section 2. Civil Registrar-General his duties and powers. The director of the National Library shall be Civil
Registrar-General and shall enforce the provisions of this Act. The Director of the National Library, in his capacity
as Civil Registrar-General, is hereby authorized to prepare and issue, with the approval of the Secretary of
Justice, regulations for carrying out the purposes of this Act, and to prepare and order printed the necessary
forms for its proper compliance. In the exercise of his functions as Civil Registrar-General, the Director of the
National Library shall have the power to give orders and instructions to the local Civil registrars with reference to
the performance of their duties as such. It shall be the duty of the Director of the National Library to report any
violation of the provisions of this Act and all irregularities, negligence or incompetency on the part of the officers
designated as local civil registrars to the (Chief of the Executive Bureau or the Director of the Non-Christian
Tribes) Secretary of the Interior, as the case may be, who shall take the proper disciplinary action against the
offenders.
Section 3. Local Civil Registrars. Except in the City of Manila, where the duties of local civil registrar shall be
performed by the officer of the Philippine Health Service designated by the Director of said service, the
Treasurers of the regular municipalities, municipal districts and cities shall be local civil registrars of the
respective municipalities, municipal districts or cities and shall perform the duties imposed upon them by this Act
without extra compensation, in addition to their ordinary duties. In his capacity as local civil registrar, the officer
designated by the Director of the Health Service as local civil registrar of Manila and the treasurers above
mentioned shall be under the direction and supervision of the Civil Registrar-General.
Section 4. Civil Register Books. The local registrars shall keep and preserve in their offices the following
books, in which they shall, respectively make the proper entries concerning the civil status of persons:
1. Birth and death register;
2. Marriage register, in which shall be entered not only the marriages solemnized but also divorces and dissolved
marriages.
3. Legitimation, acknowledgment, adoption, change of name and naturalization register.
Section 5. Registration and Certification of Birth. The declaration of the physician or midwife in attendance at
the birth or, in default thereof, the declaration of either parent of the newborn child, shall be sufficient for the
registration of a birth in the civil register. Such declaration shall be exempt from the documentary stamp tax and
shall be sent to the local civil registrar not later than thirty days after the birth, by the physician, or midwife in
attendance at the birth or by either parent of the newly born child.
In such declaration, the persons above mentioned shall certify to the following facts: (a) date and hour of birth;
(b) sex and nationality of infant; (c) names, citizenship, and religion of parents or, in case the father is not known,
of the mother alone; (d) civil status of parents; (e) place where the infant was born; (f) and such other data may
be required in the regulation to be issued.
In the case of an exposed child, the person who found the same shall report to the local civil registrar the place,
date and hour of finding and other attendant circumstances.
In case of an illegitimate child, the birth certificate shall be signed and sworn to jointly by the parents of the infant
or only the mother if the father refuses. In the latter case, it shall not be permissible to state or reveal in the
document the name of the father who refuses to acknowledge the child, or to give therein any information by
which such father could be identified.
Any fetus having human features which dies after twenty four hours of existence completely disengaged from the
maternal womb shall be entered in the proper registers as having been born and having died.

Section 6. Death certificate and register. No human body shall be buried unless the proper death certificate
has been presented and recorded in the office of the local civil registrar. The physician who attended the
deceased or, in his default the health officer concerned, or in default of the latter, any member of the family of the
deceased or any person having knowledge of the death, shall report the same to the local health authorities, who
shall issue a death certificate and shall order the same to be recorded in the office of the local civil registrar. The
death certificate, which shall be issued by the attending physician of the deceased or, in his default, by the
proper health officer, shall contain the following data be furnished by the person reporting the death; (a) date and
place of death; (b) full name, (c) age, (d) sex, (e) occupation or profession, (f) residence; (g) status as regards
marriage, (h) nationality of the deceased, and (i) probable cause of death.
During epidemics, bodies may be buried provided the proper death certificates have been secured, which shall
be registered not later than five days after the burial of the body.
Section 7. Registration of marriages. All civil officers and priests or ministers authorized to solemnize
marriages shall send a copy of each marriage contract solemnized by them to the local civil registrar within the
time limit specified in the existing Marriage Law.
In cases of divorce and annulment of marriage, it shall be the duty of the successful petitioner for divorce or
annulment of marriage to send a copy of the final decree of the court to that local civil registrar of the municipality
where the dissolved or annulled marriage was solemnized.
In the marriage register there shall be entered the full name and address of each of the contracting parties, their
ages, the place and date of the solemnization of the marriage, the names and addresses of the witnesses, the
full name, address, and relationship of the minor contracting party or parties or the person or persons who gave
their consent to the marriage, and the full name, title, and address of the person who solemnized the marriage.
In cases of divorce or annulment of marriages, there shall be recorded the names of the parties divorced or
whose marriage was annulled, the date of the decree of the court, and such other details as the regulations to be
issued may require.
Section 8. Registration of legitimations by subsequent marriage. The acknowledgment of the children
legitimated by subsequent marriage, referred to in article one hundred and twenty-one of the Civil Code, may be
recorded in the legitimation register, entering: (a) The names of the parents; (b) that at the time when the
children were conceived, the aforesaid parents could have contracted marriage, and that they actually
contracted marriage, stating the date and place when such marriage was solemnized, the minister who
officiated, and the civil register where such marriage was recorded; (c) the names of the children legitimated with
reference to their birth certificates.
Section 9. Registration of acknowledgment by public instrument. Any voluntary acknowledgment by the
natural parents or by only one of them by public instrument, shall be recorded in the acknowledgment register of
the civil registrar of the municipality where the decree was issued. The names of the interested parties and such
other data as may be required by the regulations to be issued shall be entered in register.
It shall be the duty of the natural parents whose voluntary acknowledgment was may be means of a public
instrument to send a certified copy thereof to the local civil registrar of the municipality in the civil register
whereof the birth of the acknowledged child was recorded, not later than twenty days after the execution of such
instrument, for the registration thereof.
Section 10. Registrations of adoptions, changes of name, and naturalization. In cases of adoptions,
changes of name, and naturalization, it shall be the duty of the interested parties or petitioners to register the

same in the local civil registrar of the municipality where the birth of the acknowledged child was registered
setting forth the following data: (a) full name of the natural child acknowledged; (b) age; (c) date and place of
birth; (d) status as to marriage, and residence of the child acknowledged; (e) full name of the natural father or
mother who makes the acknowledgment; (f) full name of the notary public before whom the document was
acknowledged; (g) full names of witnesses to document; (h) date and place of acknowledgment of said
document and entry and page number of the notarial register in which the name was recorded.
Section 11. Duties of clerks of Court to register certain decisions. In cases of legitimation,
acknowledgment, adoption, naturalization and change of given or family name, or both, upon the decree which
issued the decree to ascertain whether the same has been registered, and if this has not been done, to have
said decree recorded in the office of the civil registrar of the municipality where the court is functioning.
Section 12. Duties of local civil registrar. Local civil registrars shall (a) file registrable certificates and
documents presented to them for entry; (b) complete the same monthly and prepare and send any information
required of them by the Civil Registrar-General; (c) issue certified transcripts or copies of any certificate or
document registered upon payment of proper fees; (d) order the binding, properly classified, of all certificates or
documents registered during the year; (e) send to the Civil Registrar-General, during the first ten days of each
month, a copy of the entries made during the preceding month for filing; (f) index the same to facilitate search
and identification in case any information is required, and (g) administer oaths, free of charge, for civil register
purposes.
Section 13. Documents registered are public documents. The books making up the civil register and all
documents relating thereto shall be considered public documents and be prima facie evidence of the truth of the
facts therein contained. They shall be open to the public during office hours and shall be kept in a suitable safe
which shall be furnished to the local civil registrar at the expense of the general fund of the municipality
concerned. The local registrar shall not under any circumstances permit any document entrusted to his care to
be removed from his office, except by order of a court, in which case the proper receipt shall be taken. The local
civil registrar may issue certified copies of any document filed, upon payment of the proper fees required in this
Act.
Section 14. Expenses and fees of the office of the civil registrar. All expenses in connection with the
establishment of local civil registers shall be paid out of municipal funds, and for this purpose, municipal councils
and boards shall make the necessary appropriation out of their available general funds:
For the registration of documents and for certified copies of documents on file in the local civil registrars office,
fees shall be charged in accordance with the following schedule:
For registration of legitimations P2.00
For registration of an adoption 2.00
For registration of an annulment of marriage 10.00
For registration of a divorce 10.00
For registration of naturalization 20.00
For registration of a change of name 2.00
For certified copies of any documents in the register, for each one hundred words 20.00
The Civil Registrar General or any local civil registrar may issue certified copies of documents free of charge for
official use or at the request of a competent court. All fees collected for such purposes shall accrue to the
general fund of the municipality concerned.

Section 15. Preservation of present register books. All birth, death and marriage registers and other papers
relating thereto at present in the keeping of the municipal secretaries or the clerk of the Municipal Court of
Manila shall be transferred by the same to the officers acting as local civil registrars in each city or municipality
and shall form part of the archives of the latter.
Section 16. False statement. Any person who shall knowingly make false statement in the forms furnished
and shall present the same for entry in the civil register, shall be punished by imprisonment for not less than one
month nor more than six months, or by a fine of not less than two hundred pesos nor more than five hundred or
both, in the discretion of the court.
Section 17. Failure to report. Other violations. Any person whose duty is to report any fact concerning the
civil status of persons and who knowingly fails to perform such duty, and any person convicted of having violated
any of the provisions of this Act shall be punished by a fine of not less than ten pesos nor more than two
hundred.
Section 18. Neglect of duty with reference to the provisions of this Act. Any local registrar who fails
properly to perform his duties in accordance with the provisions of this Act and of the regulations issued
hereunder, shall be punished for the first offense, by an administrative fine in a sum equal to his salary for not
less than fifteen days nor more than three months, and for a second or repeated offense, by removal from the
service.
Section 19. Application of this Act to the special provinces. The Director of the National Library, in his
capacity as Civil Registrar-General, is hereby authorized upon recommendation of the (Director of Bureau of
Non-Christian Tribes) Secretary of the Interior, to designate the municipalities in the specially organized
provinces where the provisions of this Act shall be applied.
Section 20. Transitory provisions. All rights, duties and powers established by Act Numbered thirty-six
hundred and thirteen, entitled the Marriage Law, with the reference to the procedure for the issuance of the
marriage license prior to the solemnization of marriage, the registration, of marriages, and the filing of the
documents in connection therewith, conferred and imposed by said Act upon the clerk of the Municipal Court of
Manila and the municipal secretaries, are hereby transferred to the officer of the Health Service in accordance
with section three of this Act, and to the municipal treasurers, respectively, in their capacity as local registrars.
All duties and powers established by subsections (d) and (e) of section twenty-one hundred and twelve of the
Administrative Code, imposed and conferred by said section upon the municipal secretaries, are hereby likewise
transferred to the municipal treasurers in their capacity as local civil registrars.
Section 21. All acts or parts of acts inconsistent herewith are hereby repealed.
Section 22. This Act shall take effect three months after its approval.
Approved, November 26, 1930.

Republic of the Philippines


Congress of the Philippines
Metro Manila
Twelfth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand three.
Republic Act No. 9257

February 26, 2004

AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR CITIZENS AMENDING FOR
THE PURPOSE REPUBLIC ACT NO. 7432, OTHERWISE KNOWN AS "AN ACT TO MAXIMIZE THE
CONTRIBUTION OF SENIOR CITIZENS TO NATION BUILDING, GRANT BENEFITS AND SPECIAL
PRIVILEGES AND FOR OTHER PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. This Act shall be known as the "Expanded Senior Citizens Act of 2003."
SECTION 2. Republic Act. No. 7432 is hereby amended to read as follows:
"SECTION 1. Declaration of Policies and Objectives. Pursuant to Article XV, Section 4 of the
Constitution, it is the duty of the family to take care of its elderly members while the State may design
programs of social security for them. In addition to this, Section 10 in the Declaration of Principles and
State Policies provides: "The State shall provide social justice in all phases of national development."
Further, Article XIII, Section 11 provides: " The State shall adopt an integrated and comprehensive
approach to health and other social services available to all the people at affordable cost. There shall be
priority for the needs of the underpriviledged, sick, elderly, disabled, women and children." Consonant
with these constitution principles the following are the declared policies of this Act:
(a) To motivate and encourage the senior citizens to contribute to nation building;

(b) To encourage their families and the communities they live with to reaffirm the valued Filipino
tradition of caring for the senior citizens;
(c) To give full support to the improvement of the total well-being of the elderly and their full
participation in society considering that senior citizens are integral part of Philippine society;
(d) To recognize the rights of senior citizens to take their proper place in society. This must be
the concern of the family, community, and government;
(e) To provide a comprehensive health care and rehabilitation system for disabled senior citizens
to foster their capacity to attain a more meaningful and productive ageing; and
(f) To recognize the important role of the private sector in the improvement of the welfare of
senior citizens and to actively seek their partnership.
In accordance with these policies, this Act aims to:
(1) establish mechanism whereby the contribution of the senior citizens are maximized;
(2) adopt measures whereby our senior citizens are assisted and appreciated by the
community as a whole;
(3) establish a program beneficial to the senior citizens, their families and the rest of the
community that they serve; and
(4) establish community-based health and rehabilitation programs in every political unit
of society."
"SEC. 2. Definition of Terms. For purposes of this Act, these terms are defined as follows:
(a) "Senior citizen" or "elderly" shall mean any resident citizen of the Philippines at least sixty
(60) years old;
(b) "Benefactor" shall mean any person whether related to the senior citizens or not who takes
care of him/her as a dependent;
(c) "Head of the family" shall mean any person so defined in the National Internal Revenue
Code, as amended; and
(d) "Geriatrics" shall refer to the branch of medical science devoted to the study of the biological
and physical changes and the diseases of old age."
"SEC. 3. Contribution to the Community. Any qualified senior citizen as determined by the Office for
Senior Citizens Affairs (OSCA) may render his/her services to the community which shall consist of, but
not limited to, any of the following:
(a) Tutorial and/or consultancy services;
(b) Actual teaching and demonstration of hobbies and income generating skills;
(c) Lectures on specialized fields like agriculture, health, environment protection and the like;
(d) The transfer of new skills acquired by virtue of their training mentioned in Section 4,
paragraph (d); and
(e) Undertaking other appropriate services as determined by the Office for Senior Citizens Affairs
(OSCA) such as school traffic guide, tourist aide, pre-school assistant, etc.

In consideration of the services rendered by the qualified elderly, the Office for Senior Citizens Affairs
(OSCA) may award or grant benefits or privileges to the elderly, in addition to the other privileges
provided for under this Act."
"SEC. 4. Privileges for the Senior Citizens. The senior citizens shall be entitled to the following:
(a) the grant of twenty percent (20%) discount from all establishments relative to the utilization of
services in hotels and similar lodging establishment, restaurants and recreation centers, and
purchase of medicines in all establishments for the exclusive use or enjoyment of senior citizens,
including funeral and burial services for the death of senior citizens;
(b) a minimum of twenty percent (20%) discount on admission fees charged by theaters, cinema
houses and concert halls, circuses, carnivals, and other similar places of culture, leisure and
amusement for the exclusive use or enjoyment of senior citizens;
(c. exemption from the payment of individual income taxes: Provided, That their annual taxable
income does not exceed the poverty level as determined by the National Economic and
Development Authority (NEDA) for that year;
(d) exemption from training fees for socioeconomic programs;
(e) free medical and dental service, diagnostic and laboratory fees such as, but not limited to, xrays, computerized tomography scans and blood tests, in all government facilities, subject to the
guidelines to be issued by the Department of Health in coordination with the Philippine Health
Insurance Corporation (PHILHEALTH);
(f) the grant of twenty percent (20%) discount on medical and dental services, and diagnostic
and laboratory fees provided under Section 4 (e) hereof, including professional fees of attending
doctors in all private hospitals and medical facilities, in accordance with the rules and regulations
to be issued by the Department of Health, in coordination with the Philippine Health Insurance
Corporation;
(g) the grant of twenty percent (20%) discount in fare for domestic air and sea travel for the
exclusive use or enjoyment of senior citizens;
(h) the grant of twenty percent (20%) discount in public railways, skyways and bus fare for the
exclusive use and enjoyment of senior citizens;
(i) educational assistance to senior citizens to pursue post secondary, tertiary, post tertiary, as
well as vocational or technical education in both public and private schools through provision of
scholarship, grants, financial aid subsidies and other incentives to qualified senior citizens,
including support for books, learning materials, and uniform allowance, to the extent feasible:
Provided, That senior citizens shall meet minimum admission requirement;
(j) to the extent practicable and feasible, the continuance of the same benefits and privileges
given by the Government Service Insurance System (GSIS), Social Security System (SSS) and
PAG-IBIG, as the case may be, as are enjoyed by those in actual service.
(k) retirement benefits of retirees from both the government and private sector shall be regularly
reviewed to ensure their continuing responsiveness and sustainability, and to the extent
practicable and feasible, shall be upgraded to be at par with the current scale enjoyed by those
in actual service.
(l) to the extent possible, the government may grant special discounts in special programs for
senior citizens on purchase of basic commodities, subject to the guidelines to be issued for the

purpose by the Department of Trade and Industry (DTI) and the Department of Agriculture (DA);
and
(m) provision of express lanes for senior citizens in all commercial and government
establishments; in the absence thereof, priority shall be given to them.
In the availment of the privileges mentioned above, the senior citizen or elderly person may submit as
proof of his/her entitlement thereto any of the following:
(a) an ID issued by the city or municipal mayor or of the barangay captain of the place where the
senior citizen or the elderly resides;
(b) the passport of the elderly person or senior citizen concerned; and
(c) other documents that establish that the senior citizen or elderly person is a citizen of the
Republic and is at least sixty (60) years of age.
The establishment may claim the discounts granted under (a), (f), (g) and (h) as tax deduction based on
the net cost of the goods sold or services rendered: Provided That the cost of the discount shall be
allowed as deduction from gross income for the same taxable year that the discount is granted.
Provided, further, That the total amount of the claimed tax deduction net of value added tax if applicable,
shall be included in their gross sales receipts for tax purposes and shall be subject to proper
documentation and to the provisions of the National Internal Revenue Code, as amended."
"SEC. 5. Government Assistance. The Government shall provided the following:
(a) Employment
Senior citizens who have the capacity and desire to work, or be re-employed, shall be provided
information and matching services to enable them to be productive members of society. Terms of
employments shall conform with the provisions of the labor code, as amended, and other laws,
rules and regulations.
Private entities that will employ senior citizens as employees upon effectivity of this Act, shall be
entitled to an additional deduction from their gross income, equivalent to fifteen percent (15%) of
the total amount paid as salaries and wages to senior citizens subject to the provision of Section
34 of the National Internal Revenue Code, as
amended: Provided, however, That such employment shall continue for a period of at least six
(6) months: Provider, further, that the annual income of a senior citizen does not exceed he
poverty level as determined by the National Economic and Development Authority (NEDA) for
that year.
The Department of Labor and Employment (DOLE), in coordination with other government
agencies such as, but not limited to, the Technology and Livelihood Resource Center (TLRC)
and the Department and Trade and Industry (DTI), shall assess, design and implement training
programs that will provide skills and welfare or livelihood support for senior citizens.
(b) Education
The Department of Education (DepEd), Technical Education and Skill Development Authority
(TESDA) and the Commission and Higher Education (CHED), in consultation of non-government
organizations (NGOs) and people's organizations (Pos) for senior citizen, shall institute a
program that will ensure access to formal and non-formal education.
(c ) Health

The Department of Health (DOH), in coordination with local government units (LGUs), nongovernment organizations (NGOs) and people's organizations (Pos) for senior citizens, shall
institute a national health program and shall provide an integrated health service for senior
citizens. It shall train community-based health workers among senior citizens and health
personnel to specialize in the geriatric care health problems of senior citizens.
(d) Social Services
The Department of Social Welfare and Development (DSWD), in cooperation with the Office for
Senior Citizen affairs (OSCA) and the local government units, non-government organizations
and peoples organizations for senior citizens, shall develop and implement programs on social
services for senior citizens, the components of which are:
(1) "self and social enhancement services" which provide senior citizens opportunities
for socializing, organizing, creative expression, and improvement of self;
(2)" after care and follow-up services" which provide senior citizen who are discharged
from the home/institutions for the aged, especially those who have problems of
reintegration with family and community, wherein both the senior citizens and their
families are provided with counseling;
(3)"neighborhood support services: wherein the community/family members provide care
giving services to their frail, sick, or bedridden senior citizens; and
(4) "substitute family care" in the form of residential care/group homes for
the abandoned, neglected, unattached or homeless senior citizens and those incapable
of self-care.
The grant of at least fifty percent (50%) discount for the consumption of electricity, water
and telephone by the senior citizens center and residential care/group homes that are
non-stock, non-profit domestic corporation organized and operated exclusively for the
purpose of promoting of well-being of abandoned, neglected, unattached, or homeless
senior citizens.
(e) Housing
The national government shall include in its national shelter program the special housing needs
of senior citizens, such as establishment of housing units for the elderly;
(f) Access to Public Transport
The Department of Transportation and Communication (DOTC) shall develop a program to
assist senior citizens to fully gain access in the use of public transport facilities.
Further, the government shall provide the following assistance to those caring for and living with
the senior citizens:
(a)The senior citizen shall be treated as dependents provided for in the National Inter Revenue
Code, as amended, and as such, individual taxpayers caring for them, be they relatives or not
shall be accorded the privileges granted by the Code insofar as having dependents are
concerned.
(b)Individuals or non-government institutions establishing homes, residential communities or
retirement villages solely for the senior citizens shall be accorded the following:
(1) realty tax holiday for the first five (5) years starting from the first year of operation;

(2) priority in the building and/or maintenance of the provincial or municipal roads
leading to the aforesaid home, residential community or retirement village."
"SEC. 6. The Office for Senior Citizens Affairs (OSCA). There shall be established in all cities and
municipalities an OSCA to be headed by a senior citizen who shall be appointed by the mayor for
a term of three (3) years without reappointment from a list of three (3) nominees of the sangguniang
panlungsod or the sangguniang bayan. The head of the OSCA shall be assisted by the City Social
Welfare and Development Officer or the municipal social welfare and development officer, in
coordination with the Social Welfare and Development Office.
The Office of the Mayor shall exercise supervision over the OSCA relative to their plans, activities and
programs for senior citizens. The OSCA shall work together and establish linkages with accredited
NGOs, Pos, and the barangays in their respective areas.
The office for senior citizens affairs shall have the following functions:
(a) To plan, implement and monitor yearly work programs in pursuance of the objectives of this
Act;
(b) To draw up a list of available and required services which can provided by the senior citizens;
(c) To maintain and regularly update on a quarterly basis the list of senior citizens and to issue
nationally uniform individual identification cards, free of charge, which be valid anywhere in the
country;
(d) To service as a general information and liaison center to serve the needs of the senior
citizens;
(e) To monitor compliance of the provisions of this Act particularly the grant of special discounts
and privileges to senior citizens;
(f) To report to the mayor, establishment found violating any provision of this Act; and
(g) To assist the senior citizens in filing complaints or charges against any establishment,
institution, or agency refusing to comply with the privileges under this Act before the Department
of Justice or the provincial, city or municipal trial court."
"SEC. 7. Municipal/ City Responsibility. It shall be the responsibility of the municipal/city through the
mayor to require all establishment covered by this Act to prominently display posters, stickers, and other
notices that will generate public awareness of the right and privileges of senior citizens and to ensure
that the provisions of this Act are implemented to its fullest."
"SEC. 8. Partnership of the National and Local Government Units. The national government and local
government units shall explore livelihood opportunities and other undertaking to enhance the well-being
of senior citizens. The shall encourage the establishment of grassroots organizations for the elderly in
their respective territorial jurisdictions."
"SEC. 9 Support for Non-Governmental Organizations (NGOs). Non-governmental organizations or
private volunteer organizations dedicated to the promotions, enhancement and support of the welfare of
senior citizens are hereby encouraged to become partners of government in the implementation of
program and projects for the elderly.
According, the government shall recognize the vital role of NGOs in complementing the government in
the delivery of services to senior citizens. It shall likewise encourage NGOs for the senior citizens to

develop innovative service models and pilots projects and to assist in the duplication of successful
examples of these models elsewhere in the country.
"SEC. 10. Penalties. Any person who violates any provision of this Act shall suffer the following
penalties:
(1) For the first violation, a fine of not less than Fifty thousand pesos (P50,000.00) but not
exceeding One hundred thousand pesos (P100,000.00) and imprisonment of not less than six
(6) months but not more than two (2) years; and
(2) For any subsequent violation, a fine of not less than One hundred thousand pesos
(P100,000.00) but exceeding Two hundred thousand pesos (P200,000.00) and imprisonment for
not less than two (2) years but not less than six (6) years.
Any person who abuses the privileges granted herein shall be punished with a fine of not less than Five
thousand pesos (P5,000.00) but not more than Fifty thousand pesos (P50,000.00), and imprisonment of
not less than six (6) months.
If the offender is a corporation, organization or any similar entity, the official thereof directly involved shall
be liable therefore.
If the offender is an alien or a foreigner, he shall be deported immediately after service of sentence
without further deportation proceedings.
Upon filling an appropriate complaint, and after due notice and hearing, the proper authorities may also
cause the cancellation or revocation of the business permit, permit to operate, franchise and other
similar privileges granted to any business entity that fails to abide by the provisions of this Act."
"SEC. 11. Monitoring and Coordinating Mechanism. A monitoring and coordinating mechanism shall be
established to be chaired by the DSWD, with the assistance of the Department of Justice (DOJ),
Department of Health (DOH), Department of the Interior and Local Government (DILG), and five (5)
accredited NGOs representing but not limited to, women, urban poor, rural poor, and the veterans."
"SEC. 12. Implementing Rules and Regulations. The Secretary of Social Welfare and Development,
within sixty (60) days from the approval of this Act, shall promulgate the implementing, rules and
regulations for the effective implementation of the provisions of this Act. In consultation and coordination
with the following agencies and offices:
(a) Department of Health;
(b) Department of Labor and Employment;
(c) Department of Education;
(d) Depart of Transportation and Communications;
(e) Department of Justice;
(f) Department of Interior and Local Government;
(g) Department of Trade and Industry;
(h) Department of Finance;
(i) Commission of Higher Education;
(j) Technical Education and Skills Development Authority;
(k) National Economic and Development Authority;

(l) Housing and Urban Development Coordinating Council; and


(m) Five (5) non-governmental organizations of people's organizations for the senior citizens
duly accredited by the DSWD."
SEC. 13. Appropriation. The necessary appropriation for the operation and maintenance of the OSCA
shall be appropriated and approved by the local government units concerned. The amount necessary to
carry out the provisions of this Act upon its effectivity shall be charged out of the funds of the Office of
the President. Thereafter, any such sum as shall be needed for the regular implementation of this Act
shall be included in subsequent General Appropriations Act following its enactment into law."
SECTION 3. All laws, presidential decrees, executive orders and rules and regulations or part thereof, contrary
to, or inconsistent with the provisions of this Act, are hereby repealed or modified accordingly.
SECTION 4. Should any provision of this Act be found unconstitutional by a court of law, such provision shall be
severed from the remainder of this Act, and such action shall not affect the enforceability of the remaining
provisions of this Act.
SECTION 5. This Act shall take effect fifteen (15) days after its complete publication in any two (2) national
newspapers of general circulation.

Approved,
FRANKLIN DRILON
President of the Senate

JOSE DE VENECIA JR.


Speaker of the House of
Representatives

This Act, which is a consolidation of Senate Bill No. 2395 and House Bill No. 5987, was finally passed by the
Senate and the House of Representatives on December 16, 2003.
OSCAR G. YABES
Secretary of Senate

ROBERTO P. NAZARENO
Secretary General
House of Represenatives

Approved: February 26, 2004


GLORIA MACAPAGAL-ARROYO
President of the Philippines

Republic of the Philippines


Congress of the Philippines
Metro Manila
Eighth Congress

Republic Act No. 7170

January 7, 1992

AN ACT AUTHORIZING THE LEGACY OR DONATION OF ALL OR PART OF A HUMAN BODY AFTER
DEATH FOR SPECIFIED PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Title. This Act shall be known as the "Organ Donation Act of 1991".
Section 2. Definition of Terms. As used in this Act the following terms shall mean:
(a) "Organ Bank Storage Facility" - a facility licensed, accredited or approved under the law for storage
of human bodies or parts thereof.
(b) "Decedent" - a deceased individual, and includes a still-born infant or fetus.
(c) "Testator" - an individual who makes a legacy of all or part of his body.
(d) "Donor" - an individual authorized under this Act to donate all or part of the body of a
decedent.1awphilalf
(e) "Hospital" - a hospital licensed, accredited or approval under the law, and includes, a hospital
operated by the Government.
(f) "Part" - includes transplantable organs, tissues, eyes, bones, arteries, blood, other fluids and other
portions of the human body.
(g) "Person" - an individual, corporation, estate, trust, partnership, association, the Government or any of
its subdivisions, agencies or instrumentalities, including government-owned or -controlled corporations;
or any other legal entity.
(h) "Physician" or "Surgeon" - a physician or surgeon licensed or authorized to practice medicine under
the laws of the Republic of the Philippines.
(i) "Immediate Family" of the decedent - the persons enumerated in Section 4(a) of this Act.
(j) "Death" - the irreversible cessation of circulatory and respiratory functions or the irreversible cessation
of all functions of the entire brain, including the brain stem. A person shall be medically and legally dead
if either:1awphilalf
(1) In the opinion of the attending physician, based on the acceptable standards of medical
practice, there is an absence of natural respiratory and cardiac functions and, attempts at
resuscitation would not be successful in restoring those functions. In this case, death shall be
deemed to have occurred at the time these functions ceased; or
(2) In the opinion of the consulting physician, concurred in by the attending physician, that on the
basis of acceptable standards of medical practice, there is an irreversible cessation of all brain
functions; and considering the absence of such functions, further attempts at resuscitation or
continued supportive maintenance would not be successful in resorting such natural functions. In
this case, death shall be deemed to have occurred at the time when these conditions first
appeared.
The death of the person shall be determined in accordance with the acceptable standards of medical practice
and shall be diagnosed separately by the attending physician and another consulting physician, both of whom
must be appropriately qualified and suitably experienced in the care of such parties. The death shall be recorded
in the patient's medical record.

Section 3. Person Who May Execute A Legacy. Any individual, at least eighteen (18) years of age and of
sound mind, may give by way of legacy, to take effect after his death, all or part of his body for any purpose
specified in Section 6 hereof.
Section 4. Person Who May Execute a Donation.
(a) Any of the following, person, in the order of property stated hereunder, in the absence of actual notice
of contrary intentions by the decedent or actual notice of opposition by a member of the immediate
family of the decedent, may donate all or any part of the decedent's body for any purpose specified in
Section 6 hereof:
(1) Spouse;
(2) Son or daughter of legal age;
(3) Either parent;
(4) Brother or sister of legal age; or
(5) Guardian over the person of the decedent at the time of his death.
(b) The persons authorized by sub-section (a) of this Section may make the donation after or
immediately before death.
Section 5. Examination of Human Body or Part Thereof . A legacy of donation of all or part of a human
body authorizes any examination necessary to assure medical acceptability of the legacy or donation for the
purpose(s) intended.
For purposes of this Act, an autopsy shall be conducted on the cadaver of accident, trauma, or other medicolegal cases immediately after the pronouncement of death, to determine qualified and healthy human organs for
transplantation and/or in furtherance of medical science.
Section 6. Persons Who May Become Legatees or Donees. The following persons may become legatees
or donees of human bodies or parts thereof for any of the purposes stated hereunder:
(a) Any hospital, physician or surgeon - For medical or dental education, research, advancement of
medical or dental science, therapy or transplantation;
(b) Any accredited medical or dental school, college or university - For education, research,
advancement of medical or dental science, or therapy;
(c) Any organ bank storage facility - For medical or dental education, research, therapy, or
transplantation; and
(d) Any specified individual - For therapy or transplantation needed by him.
Section 7. Duty of Hospitals. A hospital authorized to receive organ donations or to conduct transplantation
shall train qualified personnel and their staff to handle the task of introducing the organ donation program in a
humane and delicate manner to the relatives of the donor-decedent enumerated in Section 4 hereof. The
hospital shall accomplish the necessary form or document as proof of compliance with the above requirement.
Section 8. Manner of Executing a Legacy.
(a) Legacy of all or part of the human body under Section 3 hereof may be made by will. The legacy
becomes effective upon the death of the testator without waiting for probate of the will. If the will is not
probated, or if it is declared invalid for testamentary purposes, the legacy, to the extent that it was
executed in good faith, is nevertheless valid and effective.

(b) A legacy of all or part of the human body under Section 3 hereof may also be made in any document
other than a will. The legacy becomes effective upon death of the testator and shall be respected by and
binding upon his executor or administrator, heirs, assigns, successors-in-interest and all members of the
family. The document, which may be a card or any paper designed to be carried on a person, must be
signed by the testator in the presence of two witnesses who must sign the document in his presence. If
the testator cannot sign, the document may be signed for him at his discretion and in his presence, in the
presence of two witnesses who must, likewise, sign the document in the presence of the testator.
Delivery of the document of legacy during the testator's lifetime is not necessary to make the legacy
valid.
(c) The legacy may be made to a specified legatee or without specifying a legatee. If the legacy is made
to a specified legatee who is not available at the time and place of the testator's death, the attending
physician or surgeon, in the absence of any expressed indication that the testator desired otherwise,
may accept the legacy as legatee. If the legacy does not specify a legatee, the legacy may be accepted
by the attending physician or surgeon as legatee upon or following the testator's death. The physician
who becomes a legatee under this subsection shall not participate in the procedures for removing or
transplanting a part or parts of the body of the decedent.
(d) The testator may designate in his will, card or other document, the surgeon or physician who will
carry out the appropriate procedures. In the absence of a designation, or if the designee is not available,
the legatee or other persons authorized to accept the legacy may authorize any surgeon or physician for
the purpose.
Section 9. Manner of Executing a Donation. Any donation by a person authorized under subsection (a) of
Section 4 hereof shall be sufficient if it complies with the formalities of a donation of a movable property.
In the absence of any of the persons specified under Section 4 hereof and in the absence of any document of
organ donation, the physician in charge of the patient, the head of the hospital or a designated officer of the
hospital who has custody of the body of the deceased classified as accident, trauma, or other medico-legal
cases, may authorize in a public document the removal from such body for the purpose of transplantation of the
organ to the body of a living person: Provided, That the physician, head of hospital or officer designated by the
hospital for this purpose has exerted reasonable efforts, within forty-eight (48) hours, to locate the nearest
relative listed in Section 4 hereof or guardian of the decedent at the time of death.
In all donations, the death of a person from whose body an organ will be removed after his death for the purpose
of transplantation to a living person, shall be diagnosed separately and certified by two (2) qualified physicians
neither of whom should be:
(a) A member of the team of medical practitioners who will effect the removal of the organ from the body;
nor
(b) The physician attending to the receipt of the organ to be removed; nor
(c) The head of hospital or the designated officer authorizing the removal of the organ.
Section 10. Person(s) Authorized to Remove Transplantable Organs. Only authorized medical
practitioners in a hospital shall remove and/or transplant any organ which is authorized to be removed and/or
transplanted pursuant to Section 5 hereof.
Section 11. Delivery of Document of Legacy or Donation. If the legacy or donation is made to a specified
legatee or donee, the will, card or other document, or an executed copy thereof, may be delivered by the testator
or donor, or is authorized representative, to the legatee or donee to expedite the appropriate procedures
immediately after death. The will, card or other document, or an executed copy thereof, may be deposited in any
hospital or organ bank storage facility that accepts it for safekeeping or for facilitation or procedures after death.

On the request of any interested party upon or after the testator's death, the person in possession shall produce
the document of legacy or donation for verification.
Section 12. Amendment or Revocation of Legacy or Donation.
a) If he will, card or other document, or an executed copy thereof, has been delivered to a specific
legatee or donee, the testator or donor may amend or revoke the legacy or donation either by:
(1) The execution and delivery to the legatee or donee of a signed statement to that effect; or
(2) An oral statement to that effect made in the presence of two other persons and
communicated to the legatee or donee; or
(3) A statement to that effect during a terminal illness or injury addressed to an attending
physician and communicated to the legatee or donee; or
(4) A signed card or document to that effect found on the person or effects of the testator or
donor.
(b) Any will, card or other document, or an executed copy thereof, which has not been delivered to the
legatee or donee may be revoked by the testator or donor in the manner provided in subsection (a) of
this Section or by destruction, cancellation or mutilation of the document and all executed copies thereof.
Any legacy made by a will may also be amended or revoked in the manner provided for amendment or
revocation of wills, or as provided in subsection (a) of this Section.
Section 13. Rights and Duties After Death.
(a) The legatee or donee may accept or reject the legacy or donation as the case may be. If the legacy
of donation is of a part of the body, the legatee or donee, upon the death of the testator and prior to
embalming, shall effect the removal of the part, avoiding unnecessary mutilation. After removal of the
part, custody of the remainder of the body vests in the surviving spouse, next of kin or other persons
under obligation to dispose of the body of the decedent.
(b) Any person who acts in good faith in accordance with the terms of this Act shall not be liable for
damages in any civil action or subject to prosecution in any criminal proceeding of this Act.
Section 14. International Sharing of Human Organs or Tissues. Sharing of human organs or tissues shall
be made only through exchange programs duly approved by the Department of Health: Provided, That foreign
organ or tissue bank storage facilities and similar establishments grant reciprocal rights to their Philippine
counterparts to draw organs or tissues at any time.
Section 15. Information Drive. In order that the public will obtain the maximum benefits from this Act, the
Department of Health, in cooperation with institutions, such as the National Kidney Institute, civic and nongovernment health organizations and other health related agencies, involved in the donation and transplantation
of human organs, shall undertake a public information program.
The Secretary of Health shall endeavor to persuade all health professionals, both government and private, to
make an appeal for human organ donation.
Section 16. Rules and Regulations. The Secretary of Health, after consultation with all health professionals,
both government and private, and non-government health organizations shall promulgate such rules and
regulations as may be necessary or proper to implement this Act.
Section 17. Repealing Clause. All laws, decrees, ordinances, rules and regulations, executive or
administrative orders, and other presidential issuance inconsistent with this Act, are hereby repealed, amended
or modified accordingly.

Section 18. Separability Clause. The provisions of this Act are hereby deemed separable. If any provision
hereof should be declared invalid or unconstitutional, the remaining provisions shall remain in full force and
effect.
Section 19. Effectivity. This Act shall take effect after fifteen (15) days following its publication in the Official
Gazette or at least two (2) newspapers of general circulation.
Approved: January 7, 1992

R.A. No. 7855, AN ACT ESTABLISHING A TEN-BED MUNICIPAL HOSPITAL FOR THE MUNICIPALITY OF
BALABAC IN THE PROVINCE OF PALAWAN, AND APPROPRIATING FUNDS THEREFORE
REPUBLIC ACT NO. 7855
AN ACT ESTABLISHING A TEN-BED MUNICIPAL HOSPITAL FOR THE MUNICIPALITY OF BALABAC IN
THE PROVINCE OF PALAWAN, AND APPROPRIATING FUNDS THEREFORE
Section 1. There shall be established a ten-bed municipal hospital for the Municipality of Balabac, Province of
Palawan.
Section 2. The Department of Health in consultation and coordination with the local government officials
concerned, shall issue the necessary orders, rules and circulars to implement the provisions of this Act.
Section 3. The amount necessary for the establishment of the hospital shall be included in the General
Appropriations Act of the year following the enactment of this Act into law; thereafter, funds necessary for its
maintenance and operation shall be provided in accordance with the provisions of the Local Government Code.

Section 4. This Act shall take effect immediately upon its approval.
Approved, December 31, 1994.

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