MTLBE Rachelle

REPUBLIC ACT NO.
5527
REPUBLIC ACT NO. 5527 - AN ACT REQUIRING THE REGISTRATION OF MEDICAL

TECHNOLOGISTS, DEFINING THEIR PRACTICE, AND FOR OTHER PURPOSES
Section 1. Title. This Act may be also cited as the Philippine Medical Technology Act of
1969.
Sec. 2. Definition of Terms. As used in this Act, the following terms shall mean:
(a) "Medical Technology". An auxiliary branch of laboratory medicine which deals with the
examination by various chemical, microscopic, bacteriologic and other medical laboratory
procedures or technic which will aid the physician in the diagnosis, study and treatment of
disease and in the promotion of health in general.
(b) "Pathologist". A duly registered physician who is specially trained in methods of

laboratory medicine, of the gross and microscopic study and interpretation of tissues,
secretions and excretions of the human body and its functions in order to diagnose disease,
follows its course, determine the effectivity of treatment, ascertain cause of death and advance
medicine by means of research.
(c) "Medical Technologist". A person who engages in the work of medical technology under
the supervision of a pathologist or licensed physician authorized by the department of health
in places where there is no pathologist and who having passed a prescribed course (Bachelor
of Science in Medical Technology/Bachelor of Science in Hygiene) of training and examination
is registered under the provision of this Act.
(d) "Medical Technician". A person who not being a graduate of Bachelor of Science in
Medical Technology/Bachelor of Science in Hygiene, but having passed the corresponding civil
service examination, performs the work of medical technology under the supervision of a
registered medical technologist and/or qualified pathologist.
(e) "Accredited Medical Technology Training Laboratory". A clinical laboratory, office,

agency, clinic, hospital sanitarium duly approved by the Department of Health or its authorized
agency.
( f ) "Recognized School of Medical Technology". Any school, college or university which

offers a course in Medical Technology approved by the Department of Education in accordance
with the requirements under this Act, upon recommendation of the council of medical
technology education.
(g) "Council". The council of medical technology education established under this Act.
(h) "Board". The Board of Examiners for Medical Technology established under this Act.
Sec. 3. Council of Medical Technology Education, Its Composition. There is hereby

established a Council of Medical Technology Education, hereafter referred to as Council, which
shall be composed of the Secretary of Education or Director of Private Education as Chairman,
the Director of the Bureau of Research and Laboratories of the Department of Health as Vice-
Chairman, and the Chairman and two members of the Board of Medical Technology, the dean
of the Institute of Hygiene of the University of the Philippines, a representative of the deans or
heads of the private schools of medical technology, and the presidents of the Philippine
Association of Medical Technologists and the Philippine Society of Pathologists, as members.
Sec. 4. Compensation and Traveling Expenses of Council Members. The chairman and
members of the Council shall be entitled to a twenty-five pesos per diem for every meeting
actually attended: Provided, That the number of meetings authorized with a per diem shall not
exceed two in a month: And Provided, further, That officials receiving regular salaries from the
Government shall not receive per diem. In addition the chairman and members of the council
shall be entitled to traveling expenses in connection with their official duties.
Sec. 5. Functions of the Council of Medical Technology Education. The functions of the
Council shall be:
(a) To recommend the minimum required curriculum for the course of medical technology.
(b) To determine and prescribe the number of students to be allowed to take up the medical
technology course in each school, taking into account the student-instructor ratio and the
availability of facilities for instruction.
(c) To approve medical technology schools meeting the requirements and recommend closure
of those found to be substandard.
(d) To require all medical technology schools to submit an annual report, including the total
number of students and instructors, a list of facilities available for instruction, a list of their
recent graduates and new admissions, on or before the month of June.
(e) To inspect, when necessary, the different medical technology schools in the country in
order to determine whether a high standard of education is maintained in said institutions.
( f ) To certify for admission into an undergraduate internship students who have satisfactorily
completed three years of the medical technology course or its equivalent and to collect from
said students the amount of five pesos each which money accrue to the operating fund of the
council.
(g) Formulate and recommend approval of refresher course for applicants who shall have
failed the Board Examination for the third time.
(h) To promulgate and prescribe and enforce necessary rules and regulations for the proper
implementation of the foregoing functions.
Sec. 6. Minimum Required Course. The medical technology course shall be at least four
years, including a 12-month satisfactory internship in accredited laboratories, and shall include
the following subjects:
English Biochemistry
Spanish Gross Anatomy
Social Science Histology
General Zoology Physiology
Botany Clinical Parasitology
Mathematics General Pathology
College Physics Microbiology
General Chemistry Statistics
Qualitative Chemistry Clinical Laboratory Methods
Quantitative Chemistry including hematology,

serology, blood banking, clinical
microscopy, applied microbiology,
and parasitology, histopathologic
techniques, and cyto-technology)
The Council is hereby authorized, subject to the approval of the Secretary of Education to
change, remove from or add to the subjects listed above as the needs and demands of progress
in the science of medical technology may require.
Sec. 7. Board of Examiners for Medical Technology. There is hereby created a Board of
Examiners for Medical Technology which shall hereafter be referred to as the Board composed
of a chairman who is a pathologist appointed by the President of the Philippines from a list
submitted by the Philippine Society of Pathologists and two members who are registered
medical technologists appointed by the President of the Philippines from among a list submitted
by the Philippine Association of Medical Technologists each one to serve a term of three years:
Provided, That the first Board to be created one member who shall act as chairman shall serve
for three years, one member for two years and the third member for one year: And provided,
further, That the first members of the Board of Examiners for Medical Technology shall be
issued a certificate of registration as Medical Technologist without prior examination in
accordance with the provisions of this Act. No member shall be allowed more than one
reappointment. The President of the Philippines shall fill the vacancy that may occur but the
appointee shall serve only the unexpired term of the incapacitated member.
Sec. 8. Qualifications of Examiners. No person shall be appointed a member of the Board

of Examiners for Medical Technology unless he or she (1) is a Filipino citizen; (2) is of good
moral character; (3) is a qualified pathologist or duly registered medical technologist of the
Philippines with the degree of Bachelor of Science in Medical Technology/Bachelor of Science
in Hygiene; (4) has been in the practice of laboratory medicine or medical technology for at
least ten years prior to his appointment, and (5) is not a member of the faculty of any medical
technology school, or have any pecuniary interest, direct or indirect, in such institution:
Provided, however, That for the first three years following the approval of this Act, the
requirement mentioned in number four (4) shall be reduced to five years.
Sec. 9. Executive Officer of the Board. The Commissioner of Civil Service shall be the
Executive Officer of the Board, and shall conduct the examinations given by it. The Secretary
of the Board Examiners appointed in accordance with Section ten of Act Numbered Four
Thousand Seven, as amended, shall also be the Secretary of the Board. He shall keep a register
of all persons to whom certificates of registration have been granted.
SECTION 10. Compensation of Members of the Board of Examiners for Medical Technology.
Each member of the Board shall receive a sum of ten pesos for each applicant examined and
five pesos for each applicant granted a certificate of registration without examination.
SECTION 11. Functions and Duties of the Board. The Board is vested with authority and
required, conformably, with the provisions of this Act, to:
(a) Administer the provisions of this Act;
(b) Administer oaths in connection with the administration of this Act;
(c) Issue, suspend and revoke certificates of registration for the practice of medical
technology;
(d) Look into conditions affecting the practice of medical technology in the Philippines and,
whenever necessary, adopt such measures as may be deemed proper for the maintenance of
good ethics and standards in the practice of medical technology;
(e) Investigate such violations of this Act or of the rules and regulations issued thereunder
as may come to the jurisdiction of the Board and, for this purpose issue subpoena and subpoena
duces tecum to secure appearance of witnesses and promulgations of documents in connection
with charges presented to the Board; and
( f ) Draft such rules and regulations as may be necessary to carry out the provisions of this
Act: Provided, That the same shall be issued only after the approval of the President of the
Philippines.
SECTION 12. Removal of Board Members. Any member of the Board may be removed by
the President of the Philippines for neglect of duty, incompetency, malpractice or
unprofessional, unethical, immoral or dishonorable conduct after having been given opportunity
to defend himself in a proper administrative investigation; Provided, That during the process
of investigation, the President shall have the power to suspend such member under
investigation and appoint a temporary member in his place.
SECTION 13. Accreditation of Schools of Medical Technology and of Training Laboratories.

Department of Education shall approve schools of medical technology in accordance with the
provisions of this Act. The Department of Health or its authorized agency shall upon
recommendation of the Council of Medical Technology Education approve laboratories for
accreditation as training laboratories for Medical Technology students or postgraduate trainees
upon satisfactory evidence that said laboratories possess qualified personnel and properly
equipped to carry out laboratory procedures commonly required in the following fields:
bacteriology, serology, parasitology, hematology, and biochemistry, and that the scope of
activities of said laboratory offer sufficient training in said laboratory procedures.
SECTION 14. Inhibition Against the Practice of Medical Technology. No person shall
practice or offer to practice medical technology as defined in this Act without having previously
obtained a valid certificate of registration from the Board provided that registration shall not
be required of the following:
(a) Duly registered physicians.
(b) Medical technologists from other countries called in for consultation or as visiting or
exchange professors to colleges or universities: Provided, That they are only practicing the said
function.
(c) Medical technologists in the service of the United States Armed Forces stationed in the
Philippines rendering services as such for members of the said forces only.
SECTION 15. Examination. Except as otherwise specifically allowed under the provisions
of this Act, all applicants for registration as medical technologists shall be required to undergo
a written examination which shall be given by the Board annually in the greater Manila area,
Cebu and Davao during the month of August or September on such days and places as the
Board may designate. Written notices of such examination shall be published in at least three
newspapers of national circulation by the Secretary of the Board at least thirty days prior to
the date of examination.
SECTION 16. Qualification for Examination. Every applicant for examination under this
Act, shall, prior to the date thereof, furnish the Board satisfactory proof that he or she:
(a) Is in good health and is of good moral character;
(b) Has completed a course of at least four years leading to the degrees of Bachelor of
Science in Medical Technology or Bachelor of Science in Hygiene conferred by a recognized
school, college or university in accordance with this Act and all other persons having graduated
from other paramedical professions who are actually performing medical technology for the
last five years prior to the enactment of this Act provided they meet the minimum requirements
mentioned in Section Six exceeding one year undergraduate internship or practical training.
SECTION 17. Scope of Coverage & Examination. The examination question shall cover the
following subjects with their respective relative weights:
Clinical Chemistry 20%
Microbiology and Parasitology 20%
Hematology 20%
Blood Banking and Serology 20%
Clinical Microscopy (Urinalysis and other

body fluids) 10%
Histopathologic Technique 10%
The Board shall prepare the schedule of subjects for examination and to submit the same to
the Commissioner of Civil Service for publication at least four months before the date of
examination. The Board shall compute the general average of each examinee according to the
abovementioned relative weights of the subjects: Provided, however, That the Board may
change, add to or remove from the list of subjects or weights above, as progress in the science
of medical technology may require, subject to the prior approval of the council.
SECTION 18. Report of Rating. The Board shall, within one hundred and twenty days after
the date of completion of the examination, report the result thereof to the Commissioner of
Civil Service, who shall submit such result to the President of the Philippines for approval.
SECTION 19. Ratings in the Examination. In order to pass the examination, a candidate
must obtain a general average of at least seventy-five per cent in the written test, with no
rating below fifty per cent in any of the major subjects: Provided, That the candidate has not
failed in at least sixty per cent of the subjects computed according to their relative weights. No
further examination will be given an applicant who has not qualified after three examinations,
unless and until he shall have completed 12 months refresher course in an accredited medical
technology school or 12-month postgraduate training in an accredited laboratory:
Provided, That graduate of paramedical professions other than Bachelor of Science in Medical
Technology/Bachelor of Science in Hygiene admitted to an examination under the provisions of
this Act shall not be given further examinations after his failure to qualify for the third time.
Sec. 20. Oath taking. All successful examinees shall be required to take a professional
oath before the Board or before any person authorized to administer oaths prior to entering
upon the practice of medical technology in the Philippines.
Sec. 21. Issuance of Certificate of Registration. Every applicant who has satisfactorily
passed the required examination, shall be issued a certificate of registration as Medical
Technologist: Provided, That no such certificate shall be issued to any successful applicant who
has not attained the age of twenty-one years. All certificates shall be signed by all the members
of the Board and attested by its Secretary. The duly registered medical technologist shall be
required to display his certificate of registration in the place where he works. Upon application
filed after the approval of this Act not later than ninety days after the Board shall have been
fully constituted, the Board shall issue a certificate of registration without examination to
persons who have been graduated with a Bachelor of Science in Hygiene and/or Bachelor of
Science in Medical Technology in duly recognized schools of medical technology in the
Philippines or foreign countries who have been in the practice of medical technology for at least
three years at the time of the passage of this Act in laboratories in the Philippines or in foreign
countries duly accredited by the Bureau of Research and Laboratories, Department of Health,
and also to all other persons having graduated from other paramedical professions who are
already civil service eligible by authority of the other Boards of profession and who are actually
performing medical technology practice for the last five years prior to the enactment of this
Act.
Sec. 22. Fees. The Board shall charge each applicant for examination and registration the
sum of fifty pesos and for each certificate of registration issued without prior examination in
accordance with the provisions of this Act the sum of twenty five pesos; for issuance of a new
certificate to replace certificate lost, destroyed or mutilated, the Board shall charge the sum of
ten pesos. All such fees shall be paid to the disbursing officer of the Civil Service Commission
who shall pay from the receipts thereof, all authorized expenses of the Board including the
compensation of each member.
Sec. 23. Refusal to Issue Certificate. The Board shall refuse to issue a certificate of
registration to any person convicted by a court of competent jurisdiction of any guilty of
immoral or dishonorable conduct, or of unsound mind, or incurable communicable disease, and
in such case shall give to the applicant a written statement setting forth the reason for its
action, which statement shall be incorporated in the record of the Board.
Sec. 24. Administrative Investigation-Revocation or Suspension of Certificates.

Administrative investigations shall be conducted by at least two members of the Board with
one legal officer sitting during the investigation. The existing rules of evidence shall be observed
during all administrative proceedings, the respondents shall be entitled to be represented by
counsel or be heard in person, to have a speedy and public hearing, to confront and cross-
examine witnesses against him or her, and to all other rights guaranteed by the Constitution.
The Board may, after giving proper notice and hearing to the party concerned reprimand an
erring medical technologist or revoke or suspend his certificate of registration for the causes
mentioned in the next preceding section or for causes enumerated in section twenty-nine (29)
of this Act, or for unprofessional conduct, malpractice, incompetency, or serious ignorance or
gross negligence in the practice of medical technology.
No penalty of revocation shall be imposed unless there is a unanimous vote of all the three
members of the Board. The Board may, by majority vote, impose the penalty of reprimand or
suspension, the latter however not to exceed two years.
When the penalty of suspension or revocation is imposed by the Board the medical technologist
shall be required to surrender his certificate of registration within thirty days after the decision
becomes final, under the pain of perpetual disqualification from the practice of medical
technology in the Philippines for inexcusable failure to do so. The suspension shall run from the
date of such surrender.
Sec. 25. Appeal. The revocation or suspension of a certificate made by the Board shall be
subject to appeal to the Civil Service Commissioner whose decision shall become final thirty
days after its promulgation, unless the respondent within the same period has appealed to the
office of the President of the Philippines.
Sec. 26. Reinstatement, Reissue or Replacement of Certificates. The Board may, upon
application and for reason deemed proper and sufficient, reissue any revoked registration
certificate. The suspension of a certificate of registration shall be automatically lifted upon the
expiration of the period of suspension and said certificate shall be re-issued to the medical
technologist concerned upon request without prejudice to further actions by the Board for
violation of the provisions of this Act or conditions imposed by the Board upon the medical
technologist during the period of suspension.
Sec. 27. Foreign Reciprocity. No foreigner shall be admitted to examination, or be given a

certificate of registration or be entitled to any of the rights and privileges under this Act, unless
the country or state which he is a subject or a citizen permits Filipino Medical Technologists to
practice within its territorial limits on the same basis as the subjects or citizens of said country
or state.
Sec. 28. Roster of Medical Technologists. (a) A roster of Medical Technologists shall be
prepared annually by the Secretary of the Board, commencing on the year following that in
which the Act shall become effective. The roster shall contain the name, address and
citizenship of each registered Medical Technologist, date of registration or issuance of
certificate, and other data which in the opinion of the Board are pertinent. The roster shall be
open to public inspection, and copies thereof shall be mailed to each person included therein,
placed on file in the Office of the President, furnished all Department Heads and all agencies,
offices and instrumentalities of the Department of Health and to such other offices, private or
governmental, and to the public upon request.
(b) Any medical technologist, even if duly registered, who shall practice medical technology
in the Philippines without the necessary supervision of a qualified pathologist or physician
authorized by the Department of Health;
(c) Any medical technologist, who shall knowingly make a fraudulent laboratory report;
(d) Any duly registered medical technologist who shall refuse or fail, after due warning by
the Board to display his certificate or registration in the place where he works;
(e) Any person presenting or attempting to use as his own, the certificate of registration of
another;
( f ) Any person who shall give any false or fraudulent evidence of any kind to the Board
member thereof in obtaining as certificate of registration a Medical Technologist;
(g) Any person who shall impersonate any registrant of like or the same name;
(h) Any person who shall attempt to use a revoked or suspended certificate of registration;
(i) Any person who shall in connection with his name or otherwise, assume use or advertise
any title or description tending to convey the impression that he is a Medical Technologist
without holding a valid certificate of registration;
( j) Any person who shall violate any provision of this Act; or
(k) Any person or corporate body who shall violate the rules and regulations of Board or
orders promulgated by it after having been duly approved and issued by the President of the
Philippines upon recommendation of the Commissioner of Civil Service for the purpose of
carrying out the provisions of this Act.
Sec. 29. Penal Provisions. Without prejudice to the provision of the Medical Act of 1959 as
amended, pertaining to illegal practice of Medicine, the following shall be punished by a fine of
not less than two thousand pesos nor more than five thousand pesos, or imprisonment for not
less than six months nor more than two years, or both in the discretion of the court:
(a) Any person who shall practice Medical Technology in the Philippines without being
registered or exempted from registration in accordance with the provisions of the Act;
(b) Any medical technologist, even if duly registered, who shall practice medical technology
(c) Any medical technologist who shall knowingly made a fraudulent laboratory report;
(d) Any duly registered medical technologist who shall refuse or fail, after due warning by
the Board to display his certificate of registration in the place where he works;
(e) Any person presenting or attempting to use as his own, the certificate of registration of
another;
(f) Any person who shall give any false or fraudulent device of any kind to the Board of any
member thereof obtaining a certificate of registration as Medical Technologist;
(g) Any person who shall impersonate any registrant of a fake or the same name;
(h) Any person who shall attempt to use a revoked or suspended certificate of registration;
(i) Any person who shall in connection with his name otherwise, assume, use or advertise
(j) Any person who shall violate any provision of this Act; or
(k) Any person or corporate body who shall violate the rules and regulations of Board or
orders promulgated by it after having been duly approved and issued by the President of the
Philippines upon recommendation of the Commissioner of Civil Service for the purpose of
carrying out the provisions of this Act.
Sec. 30. Separability Clause. If any provision of this Act or the application of such provision
to any person or circumstance is declared invalid by a court of competent jurisdiction, the
remainder of this Act or of the application of such provision to other persons or circumstances
shall not be affected by such declaration.
Sec. 31. Repealing Clause. All Acts, executive orders, rules and regulations, or parts
thereof inconsistent with the provisions of this Act are hereby repealed: Provided, however,
That nothing in this Act shall be construed as repealing or amending any portion of the Medical
Act of 1959 (R.A. 2382, as amended by R.A. 4224), the Clinical Laboratory Act of 1966 (R.A.
4688), and the Blood Banking Law of 1956 (R.A. 1517).
Sec. 32. Effectivity. This Act shall take effect upon its approval.
Approved: June 21, 1969

Republic Act 5527
Republic Act No. 5527(*As amended by RA 6132, PD 498 and PD 1534.)
An Act Requiring the Registration of Medical Technologist, Defining Their
Practice, and for Other Purposes
Section 1. Title.- This Act may be also cited as the Philippine Medical Technology Act of
1969.
Section 2. Definition of Terms.- As used in this Act,the following terms shall mean:
a. Practice of Medical Technology - A person shall be deemed to be in the practice of
medical technology within the meaning of this Act, who shall for a fee, salary or other
compensation or reward paid or given directly or indirectly through another, renders any
of the following professional services for the purpose of aiding the physician in the
diagnosis, study and treatment of diseases and in the promotion of health in general:
1. Examination of tissues, secretions and excretions of the human body and body fluids
by various electronic, chemical, microscopic, bacteriologic, hematologic, serologic,
immunologic, nuclear, and other laboratory procedures and techniques either manual or
automated;
2. Blood banking procedures and techniques;
3. Parasitologic, Mycologic and Microbiologic procedures and techniques;
4. Histopathologic and Cytotechnology; provided that nothing in this paragraph shall inhibit
a duly registered medical laboratory technician from performing histopathologic
techniques and procedures.
5. Clinical research involving patients or human beings requiring the use of
and/orapplication of medical technology knowledge and procedures;
6. Preparations and standardization of reagents, standards, stains and others, provided
such reagents, standards, stains and others are exclusively for the use of their laboratory;
7. Clinical laboratory quality control;
8. Collection and preservation of specimens;
Provided, That any person who has passed the corresponding Board examination for the
practice of a profession already regulated by existing law, shall not be subject to the
provisions of the last four preceding paragraphs if the performance of such acts or services
is merely incidental to his profession.
b. Pathologist - A duly registered physician who is specially trained in methods of

laboratory medicine, or the gross and microscopic study and interpretation of tissues,
secretion and excretions of the human body and its functions in order to diagnose disease,
follow its course, determine the effectivity of treatment, ascertain cause of death and
advance medicine by means of research.
c. Medical Technologist - A person who engages in the work of medical technology under
the supervision of a pathologist or licensed physician authorized by the Department of
Health in places where there is no pathologist and who having passed the prescribed
course (Bachelor of Science in Medical Technology/Bachelor of Science in Hygiene) of
training and examination isregistered under the provision of this Act.
d. Medical Laboratory Technicians - A person certified and registered with the Board as
qualified to assist a medical technologist and/or qualified pathologist in the practice of
medical technology as defined in this Act.
e. Accredited Medical Technology Training Laboratory - A clinical laboratory, office,

agency, clinic, hospital or sanitarium duly approved by the Department of Health2 or its
authorized agency.
f. Recognized School of Medical Technology - Any school, college, or university which

offers a course in Medical Technology approved by the Department of Education in
accordance with the requirements under this Act, upon recommendation of the council of
medical technology education.
g. Council - The council of medical technology education established under this Act.
h. Board - The Board of Examiners for Medical Technology established under this Act.
Section 3. Council of Medical Technology Education, Its Composition.- There is hereby

established a Council of Medical Technology Education, hereafter referred to as Council,
which shall be composed of the Director of Higher Education as Chairman; the Chairman
of the Professional Regulation Commission as Vice-Chairman; and the Director of the
Bureau of Research and Laboratories of the Department of Health,4 the Chairman and
two (2) members of the Board of Medical Technology, a representative of the Deans of
Schools of Medical Technology and Public Health, and the Presidents of the Philippine
Society of Pathologists and the Philippine Association of Medical Technologists, as
members.
Section 4. Compensation and Traveling Expenses of Council Members.- For every

meeting actually attended, the Chairman shall be entitled to a fifty pesos (P50.00) per
diem while the members shall be entitled to twenty-five pesos (P25.00) each regardless
of whether or not they receive regular salaries from the government. In addition, the
Chairman and members of the Council shall be entitled to traveling expenses in
connection with their official duties.
Section 5. Functions of the Council of Medical Technology Education.- The functions of
the Council shall be:
a. To recommend the minimum required curriculum for the course of medical technology.
b. To determine and prescribe the number of students to be allowed to take up the medical
technology course in each school, taking into account the student-instructor ratio and the
availability of facilities for instruction.
c. To approve medical technology schools meeting the requirements and recommend
closure of those found to be substandard.
d. To require all medical technology schools to submit an annual report, including the total
number of students and instructors, list of facilities available for instruction, a list of their
recent graduates and new admissions, on or before the month of June.
e. To inspect, when necessary, the different medical technology schools in the country in
order to determine whether a high standard of education is maintained in said institutions.
f. To certify for admission in to an undergraduate internship students who have
satisfactorily completed three years of the medical technology course or its equivalent and
to collect from said student the amount of five pesos each which money accrue to the
operating fund of the Council.
g. Formulate and recommend approval of refresher course for applicants who shall have
failed the Board Examination for the third time.
h. To promulgate and prescribe and enforce necessary rules and regulations for the proper
implementation of the foregoing functions.
Section 6. Minimum Required Course.- The medical technology course shall be at least
four years, including a 12-month satisfactory internship in accreditedlaboratories, and
shall include the following subjects:
English Biochemistry
Spanish Gross Anatomy
Social Science Histology
General Zoology Physiology
Botany Clinical Parasitology
Mathematics General Pathology
College Physics Microbiology
General Chemistry Biostatistics
Qualitative Chemistry Clinical Laboratory
Quantitative Chemistry Methods including hematology, serology, blood banking, clinical
microscopy, applied microbiology, and parasitology, histopathologic techniques, and
cytotechnology
The Council is hereby authorized, subject to the approval of the Secretary of Education to
change, remove from or add to the subjects listed above as the needs and demands of
progress in the science of medical technology may require.
Section 7. Medical Technology Board.- There is hereby created a Medical Technology

Board under the Professional Regulation Commission, which shall thereafter be referred
to as the Board composed of a Chairman who is a pathologist, and two (2) members who
are registered medical technologists who shall be appointed by the President of the
Republic of the Philippines upon recommendation of the Professional Regulation
Commission. The Chairman and members of the Board shall hold office for three (3) years
after appointments or until their successors shall have been appointed and duly qualified:
Provided, That the incumbent members will continue to serve until the expiration of their
terms. In case of death, disability, or removal of a member of the Board, his successor
shall serve only the balance of his term.
Section 8. Qualifications of Examiners.- No person shall be appointed as member of the

Board of Examiners for Medical Technology unless he or she is (1) is a Filipino citizen; (2)
is of good moral character; (3) is a qualified Pathologist, or a duly registered medical
technologist of the Philippines with the degree of Bachelor of Science in Medical
Technology/Bachelor of Science in Hygiene/Public Health; (4) has been in practice of
laboratory medicine or medical technology for at least ten years prior to his appointment,
and (5) is not a member of the faculty of any medical technology school for at least two
(2) years prior to appointment or having any pecuniary interest direct or indirect in such
institution: Provided, however, That for the first three years following the approval of this
Act, the requirements mentioned in number four (4) shall be reduced to five years.
Section 9. Executive Officer of the Board.-
Section 10. Compensation of Members of the Board of Examiners for Medical

Technology.- Each member of the Board shall receive as sum of ten pesos for each
applicant examined and five pesos for each applicant granted a certificate of registration
without examination.
Section 11. Functions and Duties of the Board.- The Board is vested with authority and
required, conformably with the provisions of this Act, to:
a. Administer the provisions of this Act;
b. Administer oaths in connection with the administration of this Act;
c. Issue, suspend and revoke certificates of registration for the practice of medical
technology and medical laboratory technician;
d. Look into conditions affecting the practice of medical technology in the Philippines and,
whenever necessary, adopt such a measure may be deemed proper for the maintenance
of good ethic and standards in the practice of medical technology;
e. Investigate such violations of this Act or of the rules and regulations issued thereunder
as may come to the knowledge of the Board and, for this purpose issue subpoena and
subpoena duces tecum to secure appearance of witnesses and production of documents
in connection with charges presented to the Board; and
f. Draft such rules and regulations as may be necessary to carry out the provisions of this
Act: Provided, that the same shall be issued only after the approval of the President of the
Philippines;
g. To determine the adequacy of the technical staff of all clinical laboratories and blood
banks before they could be licensed with the Department of Health in accordance with
R.A. No. 4655 and 1517;
h. To prescribe the qualifications and training of medical technologists as to special fields
of the profession and supervise their specialty examination conducted by the professional
organization of medical technologists accredited by the Professional Regulation
Commission;
i. To classify and prescribe the qualification and training of the technical staff of clinical
laboratories as to: Medical Technology; Medical Technologist; Senior Medical
Technologist; Medical Technologist and Medical Laboratory Technician.
Section 12. Removal of Board Members.- Any member of the Board may be removed by
the President of the Philippines for neglect of duty, incompetency, malpractice or
unprofessional, unethical, immoral or dishonorable conduct after having been given
opportunity to defend himself in a proper and administrative investigation: Provided, that
during the process of investigation, the President shall have the power to suspend such
member under investigation and appoint a temporary member in his place.
Section 13. Accreditation of Schools of Medical Technology and of Training Laboratories.-

Upon the recommendation of the Medical Technology Board, the Department of Education
and Culture15 shall approve schools of Medical Technology in accordance with the
provisions of this Act, as amended, in conjunction with the Board of Medical Technology.
The Department of Health16 through the Bureau of Research and Laboratories shall
approve laboratories for accreditation as training laboratories for medical technology
students or postgraduate trainees in conjunction with the Board of Medical Technology.
The laboratories shall show satisfactory evidence that they possess qualified personnel
and are properly equipped to carry out laboratory procedures commonly required in the
following fields: Clinical Chemistry, Microbiology, Serology, Parasitology, Hematology,
Blood Banking, Clinical Microscopy, and Histopathologic techniques, and that the scope
of activities of said laboratories offer sufficient training in said laboratory procedures.
Section 14. Inhibition Against the Practice of Medical Technology.- No person shall
practice or offer to practice medical technology as defined in this Act without having
previously obtained a valid certificate of registration from the Board provided that
registration shall not be required of the following:
a. Duly registered physicians.
b. Medical technologist from other countries called in for consultation or as visiting or
exchange professors to colleges or universities: Provided, they are only practicing the said
function.
c. Medical technologists in the service of the United States Armed Forces stationed in the
Philippines rendering services as such for members of the said forces only.
Section 15. Examination.- Except as otherwise specifically allowed under the provision of
this Act, all applicants for registration as medical technologist shall be required to undergo
written examination which shall be given by the Board annually in the greater Manila area,
Cebu, and Davao during the month of August or September on such days and places as
the Board may designate. Written notices of such examination shall be published in at
least three newspapers of national circulation by the Secretary of the Board of least thirty
days prior to the date of examination.
Section 16. Qualification for Examination.- Every applicant examination under this Act,
shall, prior to the date thereof, furnish the Board satisfactory proof that he or she:
a. Is in good health and is of good moral character;
b. Has completed a course of at least four (4) years leading to the degree of Bachelor of
Science in Medical Technology or Bachelor of Science in Public Health conferred by a
recognized school, college or university in accordance with this Decree or having
graduated from some other profession and has been actually performing medical
technology for the last five (5) years prior to the date of the examinations, if such
performance began prior to June 21, 1969.
Section 17. Scope of Examination.- The examination questions shall cover the following
subjects with their respective relative weights:
Clinical Chemistry ...................................................... 20%

Microbiology & Parasitology ...................................... 20%
Hematology ............................................................... 20%
Blood Banking & Serology ......................................... 20%
Clinical Microscopy (Urinalysis and
other body fluids) ............................................ 10%
Histopathologic Techniques,
Cytotechnology, Medical
Technology Laws, Related
Laws and its implementing
rules, and the Code of Ethics .......................... 10%
The Board shall prepare the schedule of subjects for examination and to submit the same
to the Commissioner of the Professional Regulation Commission for publication at least
thirty (30) days before the date of examination. The Board shall compute the general
average of each examinee according to the above-mentioned relative weights of each
subject. Provided, however, that the Board may change, add to or remove from the list of
subjects or weights above as progress in the science of Medical Technology may require,
subject to the prior approval of the Professional Regulation Commission, and publication
of the change or amendment at least three (3) months prior to the date of examination in
which the same is to take effect.
Section 18. Report of Rating.- The Board shall, within one hundred and twenty days after
the date of completion of the examination, report the result thereof to the Commissioner
of Civil Service,who shall submit such result to the President of the Philippines for
approval.
Section 19. Rating in the Examination.- In order to pass the examination, a candidate must
obtain a general average of at least seventy-five percent in the written test, with no rating
below fifty percent in any of the major subjects: Provided, That the candidate has not failed
in at least sixty percent of the subjects computed according to their relative weights. No
further examinations, unless and until he shall have completed 12 months refresher
course in an accredited laboratory: Provided, That graduate of paramedical profession
other than Bachelor of Science in Medical Technology/Bachelor of Science in Hygiene
admitted to an examination under the provisions of this Act shall not be given further
examinations after the provisions of this Act shall be given further examinations after his
failure to qualify for the third time.
Section 20. Oath Taking.- All successful examinees shall be required to take a
professional oath before the Board or before any person authorized to administer oaths
prior to entering upon the practice of medical technology in the Philippines.
Section 21. Issuance of Certificate of Registration.- Every applicant who has satisfactorily
passed the required examination for medical technologist shall be issued a certificate of
registration as such: Provided, That no such certificate shall be issued to any successful
applicant who has not attained the age of twenty-one (21) years. All certificate shall be
signed by the members of the Board and by the Commissioner of the Professional
Regulation Commission. The duly registered medical technologists shall be required to
display his certificate of registration in the place where he works. Provided, that upon
application filed and the payment of the required fee of one hundred and fifteen pesos
(P115.00) the Board shall issue a certificate of registration as medical technologist without
examination to persons who have been graduated with Bachelor of Science in Medical
Technology/Bachelor of Science in Public Health in duly recognized schools of medical
technology in the Philippines or in any foreign country, Provided, That in case of the latter,
the standard of medical technology education is substantially the same as ours, and in
addition shall have been in the practice of medical technology for at least three (3) years
prior to the filing of the application in laboratories in the Philippines duly accredited by the
Bureau of Research and Laboratories, Department of Health, or in foreign countries if such
performance began prior to June 21, 1969 and also to all other persons who having
graduated from other professions have been actually performing medical technology
practice for the last eight (8) years prior to filing of the application, Provided, that such
performance began prior to June 21, 1969. Provided, further, that the Board shall likewise
issue a certificate of registration as medical laboratory technician without examination to
any person who upon application and payment of the required fee of fifty pesos (P500.00)
show evidence satisfactory to the Board that:
1. He or she passed the civil service examination for medical technician given on March
21, 1964; or
2. Has finished a two-year college course and has at least one (1) year of experience as
medical laboratory technician, Provided, that for every year of deficiency in college
attainment two (2) years of experience may be substituted; Provided, further, that an
applicant who has at least ten (10) years of experience as medical laboratory technician
as of the date of approval of this Decree regardless of his academic attainment may qualify
for registration without examination; or
3. Has failed to pass the board examination for medical technology but had obtained a
general rating of at least 70%. Provided, finally, that a registered medical laboratory
technician when employed in the government shall have the equivalent civil service
eligibility not lower than second grade.
Section 22. Fees.- The Board shall charge each applicant for examination and registration
the sum of fifty pesos for each certificate of registration issued without prior examination
in accordance with the provisions of this Act the sum of twenty-five pesos; for issuance of
a new certificate to replace certificate lost, destroyed or mutilated, the Board shall charge
the sum of ten pesos. All such fees shall be paid to the disbursing officer of the Civil
Service Commission who shall pay from the receipts thereof, all authorized expenses of
the Board including the compensation of each member.
Section 23. Refusal to issue Certificate.- The Board shall refuse to issue a certificate of
registration to any person convicted by the court of competent jurisdiction of any criminal
offense involving moral turpitude, or any person guilty of immoral or dishonorable conduct,
or of unsound mind, or incurable communicable disease, and in such shall be give to the
applicant a written statement setting forth the reason for its action, which statement shall
be incorporated in the record of the Board.
Section 24. Administrative Investigation.- Revocation or Suspension of Certificates -

Administrative investigation shall be conducted by at least two members of the Board with
one legal officer sitting during all administrative proceedings, the respondents shall be
entitled to be represented by counsel or be heard in person, to have a speedy and public
hearing, to confront and cross-examine witnesses against him or her, and to all other rights
guaranteed by the Constitution. The Board may, after giving proper notice and hearing to
the party concerned reprimand an erring medical technologist or revoke or suspend his
certificate of registration for causes mentioned in the next preceding section or for causes
enumerated in section twenty-nine (29) of this Act, or for unprofessional conduct,
malpractice, incompetency, or serious ignorance or gross negligence in the practice of
medical technology. No penalty of revocation shall be imposed unless there is a
unanimous vote of all the three members of the Board. The Board may, by majority vote,
impose the penalty or reprimand or suspension, the latter however not to exceed two
years. When the penalty of suspension or revocation is imposed by the Board the medical
technologist shall be required to surrender his certificate of registration within thirty days
after the decision becomes final, under the pain of perpetual disqualification from the
practice of medical technology in the Philippines for inexcusable failure to do so. The
suspension shall run from the date of such surrender.
Section 25. Appeal.- The revocation or suspension of a certificate made by the Board shall
be subject to appeal to the Civil Service Commissioner24 whose decision shall become
final thirty days after its promulgation, unless the respondent within the same period has
appealed to the office of the President of the Philippines.
Section 26. Reinstatement, Reissue or Replacement of Certificate.- The Board may, upon
application and for reason deemed proper and sufficient, reissue any revoked registration
certificate. The suspension of a certificate shall be re-issued to the medical technologist
concerned upon request without prejudice to further actions by the Board for violation of
the provisions of this Act or conditions imposed by the Board upon the medical
technologist during the period of suspension.
Section 27. Foreign Reciprocity.- No foreigner shall be admitted to examination, or be

given a certificate of registration or be entitled to any of the rights and privileges under this
Act, unless the country or state of which he is a subject or citizen permits Filipino Medical
Technologist to practice within its territorial limits on the same as the subject or citizens of
said country or state.
Section 28. Roster of Medical Technologist.- A roster of Medical Technologist shall be

prepared annually by the Secretary of the Board, commencing on the year following that
in which this Act shall become effective. This roster shall contain the name, address and
citizenship of each registered Medical Technologist, date of registration or issuance of
certificate, and other data which in the opinion of the Board are pertinent. The roster shall
be open to public inspection and copies thereof shall be mailed to each person included
therein, placed on file in the Office of the President, furnished all Department Heads and
all bureau, offices and instrumentalities of the Department of Health and to such other
offices, private or governmental, and to the public upon request.
Section 29. Penal Provisions.- Without prejudice to the provision of the Medical Act of
1959 as amended relating to illegal practice of Medicine, the following shall be punished
by a fine of not less than two thousand pesos nor more than five thousand pesos, or
imprisonment for not less than six months nor more than two years, or both, in the
discretion of the court:
a. Any person who shall practice Medical Technology in the Philippines without being
registered or exempted from registration in accordance with the provisions of this Act;
b. Any medical technologist, even if duly registered, who shall practice medical technology
c. Any medical technologist who shall knowingly make a fraudulent laboratory report;
d. Any duly registered medical technologist who shall refuse or fail, after due warning by
the Board to display his certificate of registration in the place where he works;
e. Any person presenting or attempting to use as his own, the certificate of registration of
another;
f. Any person who shall give any false or fraudulent evidence of any kind to the Board or
any member thereof in obtaining a certificate of registration as Medical Technologist;
g. Any person who shall impersonate any registrant of like or the same name;
h. Any person who shall attempt to use a revoked or suspended certificate of registration;
i. Any person who shall in connection with his name or otherwise, assume, use or advertise
j. Any person or corporate body who shall allow anyone in his employ who is not a
registered medical technologist/medical laboratory technician to engage in the practice of
medical technology or recommend for appointment anyone to the position of medical
technologist/medical laboratory technician knowing that he is not registered as such.
k. Any person or corporate body who shall violate the rules and regulations of the Board
or orders promulgated by it after having been duly approved and issued by the President
of the Philippines upon recommendation of the Commissioner of Civil Service28 for the
purpose of carrying out the provisions of this Act.
Section 30. Separability Clause.- All acts, executive, rules and regulations, or parts thereof
inconsistent with the provisions to any persons or circumstances is declare invalid by a
court of competent jurisdiction, the remainder of this Act of the application of such
provisions to other persons or circumstances shall not be affected by such declaration.
Section 31. Repealing Clause.- All acts, executive, rules and regulations, or parts thereof
inconsistent with the provisions of this Act are hereby repealed: Provided, however, that
nothing in this Act shall be construed as repealing or amending any portion of the Medical
Act of 1959
Section 32. Effectivity.- This Act shall take effect upon its approval.
Approved, June 21, 1969.
REPUBLIC ACT NO. 1517
REPUBLIC ACT NO. 1517 - AN ACT REGULATING THE COLLECTION, PROCESSING

AND SALE OF HUMAN BLOOD, AND THE ESTABLISHMENT AND OPERATION OF
BLOOD BANKS AND BLOOD PROCESSING LABORATORIES
(REPEALED BY REPUBLIC ACT NO. 7719)
Section 1. In order to promote public health, it is declared a national policy to prevent

trafficking in human blood and its products and derivatives.
Sec. 2. As used in this Act:
"Blood" means human blood, processed or unprocessed, and includes its products and
derivatives.cralaw
"Person" includes corporations, partnerships, associations, and organizations. cralaw
"Cost" means the actual purchase price of unprocessed blood and its handling charges, such
as those for its collection, processing, storage, transportation, and sale, and a reasonable
allowance for spoilage.
Sec. 3. It shall be the unlawful for any person to establish or operate a blood bank or blood
processing laboratory, or to collect or process blood if he is not a licensed physician, or to sell
blood collected from another person, even if authorized by the latter, without first securing a
license from the Department of Health: Provided, That in cases of emergency, blood transfusion
shall be allowed under the responsibility of the attending physician without such license: And
provided, further, That persons operating blood banks and blood processing laboratories on the
date of the approval of this Act may continue to operate and same if they secure such license
within sixty days from the date of the issuance of the rules and regulations provided for in
section five hereof.
No license shall be granted or renewed by the Department of Health for the establishment or
operation of a blood bank or blood processing laboratory unless such bank or laboratory be
established or operated in accordance with accepted scientific standards, is under the
administration, direction and supervision of a licensed and qualified physician, and blood is
collected and/or processed therein by licensed physicians or under their direct supervision and
responsibility.
No license shall be granted or renewed by said Department for the collection and/or processing
of blood unless the licensee complies with the requirements hereinabove established for blood
banks and blood processing laboratories. cralaw
Sec. 4. Blood banks and processing laboratories shall be operated on a non-profit basis. Blood
collecting or processing by other blood collectors or processors or by individual physicians shall
also be on a non-profit basis. Blood shall be sold by such banks and laboratories, other blood
collectors or processors, and individual physicians at cost. cralaw
Sec. 5. The Secretary of Health is charged with the responsibility of strictly enforcing this
Act, and shall issue such rules and regulations as may be necessary to carry out its provisions,
including rules and regulations prescribing, from time to time, the maximum ceilings for
handling charges of blood, such as charges for its collection, processing, storage,
transportation, and sale, and a reasonable allowance for spoilage, which shall be considered as
part of the cost of blood.cralaw
Sec. 6. Any person who violates any provision of this Act or of the rules and regulations
issued thereunder shall be punished by imprisonment for not less than one month and not
more than one year or by a fine of not less than one hundred pesos and not more than one
thousand pesos or by both such fine and imprisonment in the discretion of the court. cralaw
Sec. 7. This Act shall take effect upon its approval. cralaw

REPUBLIC ACT NO. 6138 - AN ACT TO AMEND CERTAIN SECTIONS OF REPUBLIC

ACT NUMBERED FIVE THOUSAND FIVE HUNDRED TWENTY- SEVEN, KNOWN AS THE
PHILIPPINE MEDICAL TECHNOLOGY ACT OF 1969
Section 1. Sections sixteen, twenty-one, and twenty-two of Republic Act Numbered Five
thousand five hundred twenty-seven, known as the Philippine Medical Technology Act of 1969,
are hereby amended to read as follows:
"Sec. 16. Qualification for Examination. Every applicant for examination under this Act,
shall, prior to the date thereof, furnish the Board satisfactory proof that he or she:
"(a) In good health and is of good moral character;
"(b) Has completed a course of at least four years leading to the degree of Bachelor of Science
in Medical Technology or Bachelor of Science in Hygiene conferred by a recognized school,
college or university in accordance with this Act or having graduated from some other
paramedical profession has been actually performing medical technology for the last five years
prior to the date of the examination, if such performance began prior to the enactment of this
Act."
"Sec. 21. Issuance of Certificate of Registration. Every applicant two has satisfactorily
passed the required examination, shall be issued a certificate of registration as Medical
Technologist: provided, that no such certificate shall be issued to any successful applicant who
has not attained the age of twenty-one years. All certificates shall be signed by all the members
of the Board and attested by its Secretary. The duly registered medical technologists shall be
required to display his certificate of registration in the place where he works. Upon application
filed after the approval of this Act not later than ninety days after the Board shall have been
fully constituted, the Board shall issue a certificate of registration without examination to
persons who have been graduated with a Bachelor of Science in Hygiene and/or Bachelor of
Science in Medical Technology in duly recognized schools of medical technology in the
Philippines or foreign countries who have been in the practice of medical technology, for at
least three years prior to the filing of the application, in laboratories in the Philippines or in
foreign countries duly accredited by the Bureau of Research and Laboratories, Department of
Health, and also to all other persons who having graduated from other paramedical professions
are already civil service eligible by authority of the other Boards of profession and who have
been actually performing medical technology practice for the last five years prior to the filing
of the application."
"Sec. 22. Fees. The Board shall charge each applicant for examination and registration the
sum of fifty pesos, of which the sum of ten pesos shall be for registration, and for each
certificate of registration issued without prior examination in accordance with the provisions of
this Act the sum of twenty-five pesos; for issuance of a new certificate to replace a certificate
lost, destroyed or mutilated, the Board shall charge the sum of ten pesos. All such fees shall
be paid to the disbursing officer of the Civil Service Commission who shall pay from the receipts
thereof, all authorized expenses of the Board including the compensation of each member."
Sec. 2. This Act shall take effect retroactively as of June 21, 1969.
Approved: August 31, 1970

AN ACT REGULATING THE OPERATION AND MAINTENANCE OF
CLINICAL LABORATORIES AND REQUIRING THE REGISTRATION OF
THE SAME WITH THE DEPARTMENT OF HEALTH, PROVIDING PENALTY
FOR THE VIOLATION THEREOF, AND FOR OTHER PURPOSES
SECTION 1. Any person, firm or corporation, operating and maintaining a clinical laboratory
in which body fluids, tissues, secretions, excretions and radioactivity from beings or animals
are analyzed for the determination of the presence of pathologic organisms, processes and/or
conditions in the persons or animals from which they were obtained, shall register and secure
a license annually at the office of the Secretary of Health: provided, that government hospital
laboratories doing routine or minimum laboratory examinations shall be exempt from the
provisions of this section if their services are extensions of government regional or central
laboratories.
SECTION 2. It shall be unlawful for any person to be professionally in-charge of a registered

clinical laboratory unless he is a licensed physician duly qualified in laboratory medicine and
authorized by the Secretary of Health, such authorization to be renewed annually.
No license shall be granted or renewed by the Secretary of Health for the operation and
maintenance of a clinical laboratory unless such laboratory is under the administration,
direction and supervision of an authorized physician, as provided for in the preceding
paragraph.
SECTION 3. The Secretary of Health, through the Bureau of Research and Laboratories shall
be charged with the responsibility of strictly enforcing the provisions of this Act and shall be
authorized to issue such rules and regulations as may be necessary to carry out its provisions.
SECTION 4. Any person, firm or corporation who violates any provisions of this Act or the
rules and regulations issued thereunder by the Secretary of Health shall be punished with
imprisonment for not less than one month but not more than one year, or by a fine of not less
than one thousand pesos nor more than five thousand pesos, or both such fine and
imprisonment, at the discretion of the court.
SECTION 5. If any section or part of this Act shall be adjudged by any court of competent
jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder
thereof.
SECTION 6. The sum of fifty thousand pesos, or so mush thereof as may be necessary, is
hereby authorized to be appropriated, out of any funds in the National Treasury not otherwise
appropriated, to carry into effect the provisions of this Act.
SECTION 7. All Acts or parts of Acts which are inconsistent with the provisions of this Act
are hereby repealed.
SECTION 8. This Act shall take effect upon its approval.

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 medico-legal 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 non-government 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

AN ACT PROMOTING VOLUNTARY BLOOD DONATION, PROVIDING FOR

AN ADEQUATE SUPPLY OF SAFE BLOOD REGULATING BANKS, AND
PROVIDING PENALTIES FOR VIOLATION THEREOF.
Section 1. Title. - This act shall be known as the "National Blood Services Act of 1994".
Sec. 2. Declaration of Policy. - In order to promote public health, it is hereby declared

the policy of the state: chan robles virtual law library
(a) to promote and encourage voluntary blood donation by the citizenry and to
instill public consciousness of the principle that blood donation is a humanitarian
act;
(b) to lay down the legal principle that the provision of blood for transfusion is a
professional medical service and not a sale of a commodity;
(c) to provide for adequate, safe, affordable and equitable distribution of supply of
blood and blood products;
(d) to inform the public of the need for voluntary blood donation to curb the
hazards causes by the commercial sale of blood;
(e) to teach the benefits and rationale of voluntary blood donation in the existing
health subjects of the formal education system in all public and private school, in
the elementary, high school and college levels as well as the non-formal education
systems;chan robles virtual law library
(f) to mobilize all sectors of the community to participate in mechanisms for

voluntary and non-profit collection of blood;
(g) to mandate the Department of Health to establish and organize a National

Blood Transfusion Service Network in order to rationalize and improve the
provision of adequate and safe supply of blood;
(h) to provide for adequate assistance to institutions promoting voluntary blood

donation and providing non-profit blood services, either through a system of
reimbursement for costs from patients who can afford to pay or donations from
governmental and non governmental entities;
(i) to require all blood collection units and blood banks/centers to operate on a
non-profit basis;
(j) to establish scientific and professional standards for the operation of blood
collection units and blood banks/centers in the Philippines;
(k) to regulate ensure the safety of all activities related to the collection, storage
and banking of blood; andchan robles virtual law library
(l) to require upgrading of blood banks/centers to include preventive services an

education to control spread of blood transfusion transmissible diseases.
Sec. 3. Definitions. - For purposes of this Act, the following terms shall mean:
(A) Blood/blood product - refers to human blood, processes or unprocessed and
includes blood components, its products an derivatives;
(B) Blood bank/center - a laboratory or institution with the capability to recruit

and screen blood donors, collect, process, store, transport and issue blood for
transfusion and provide information and/or education on blood transfusion
transmissible diseases;
(C) Commercial blood bank - a blood bank that exists for profit;
(D) Hospital-based blood bank - a blood bank which is located within the
premises of a hospital and which can perform compatibility testing of blood;
(E) Blood collection unit - an institution or facility duly authorized by the

Department of Health to recruit and screen donors and collect blood;
(F) Voluntary blood donor - one who donates blood on ones own volition or
initiative and without monetary compensation;
(G) Department - the Department of Health;chan robles virtual law library
(H) Blood transfusion transmissible disease - diseases which may be transmitted

as a result of blood transfusion, including AIDS, Hepatitis-B, Malaria and
syphilis;
(I) Secretary of Health - the Secretary of Health or any other person to whom the
Secretary delegates the responsibility of carrying out the provisions of this Act;
(J) Walking Blood Donor - an individual included in the list of qualifies voluntary
blood donors, referred to in Section 4, paragraph (e), who is ready to donate blood
when needed in his/her community.
Sec. 4. Promotion of Voluntary Blood Donation. - In order to adequate supply of human
blood, voluntary blood donation shall be promoted through the following:
(A) Public Education - Through an organized and sustained nationwide public
education campaign by the Department, the Philippine National Red Cross
(PNRC) and the Philippine Blood Coordinating Council (PBCC), as the lead
agencies, other government agencies, local government units (particularly the
barangays), non-government organizations, all medical organizations, all public
and private hospitals, all health and health - related institutions, print and
broadcast media as well other sectors. The Department is hereby authorized to set
aside funds and generate financial support for all sectors involved in the collection
and processing of blood from voluntary blood donors through a system of
reimbursement for costs for patients who can afford to pay or from donations
from government and private institutions. Voluntary donors shall likewise be
provided non-monetary incentives as may be determined by the Department.
(B) Promotion in Schools. - The benefits and rationale of voluntary blood

donation shall be included and given emphasis in health subjects of schools, both
public and private, at the elementary, high school and college levels. The
Department of Education, Culture and Sports shall also require inclusion in its
non-formal education curricula.
(C) Professional Education. - The Department, the PBCC, the Philippine Society
of Hematology and Blood Transfusion (PSHBT), the Philippine Pathologists
(PSP), the Philippine Medical Association (PMA), the Philippine Association of
Medical Technologists (PAMET) and the Philippine Nursing Association (PNA)
are encouraged to conduct for their respective members and as part of the
continuing medical education, trainings on the rational use of blood and blood
products including the merits of voluntary blood donation.
(D) Establishment of Blood Services Network. - Blood centers shall be

strategically established in every province an city nationwide within the
framework of a National Blood Transfusion Service Network spearheaded by the
Department, in coordination with the PNRC. The collection in various areas in the
community, such as schools, business enterprises, barangays, and military camps
shall be promoted.chan robles virtual law library
The Secretary shall set the standards for the scientific and professional
establishment and operation of blood banks/centers and collection units. The
Department shall provide training programs and technical assistance to enable
communities, schools, industrial and business sites, barangays, military camps
and local government units to implement their own voluntary donation programs.
(E) Walking Blood Donors. - In areas where there may be inadequate blood
banking, facilities, the walking blood donor concept shall be encouraged and all
government hospitals, rural-health units, health centers and barangays in these
areas shall be required to keep at all times a list of qualifies voluntary blood
donors with their blood typing.
Sec. 5. National Voluntary Blood Services Program. - The Department, in cooperation
with the PNRC and PBCC and other government agencies and non-government
organizations shall plan and implement an National Voluntary Blood Services Program
(NVBSP) to meet in an evolutionary manner, the needs for blood transfusion in all
regions of the country. Funds for this purpose shall be provided for the Government
through the budgetary allocation of the Department, by the Philippine Charity
Sweepstakes Office (PCSO) with an initial amount of at least Twenty-five million pesos
(P25,000,000), by the Philippine Amusement and Gaming Corporation (PAGCOR) with
an initial amount of at least Twenty-five million pesos (P25,000,000), by at least trust
liability account of the Duty Free Shop (Duty Free Philippines) with an initial amount of
at least Twenty-five million pesos (P25,000,000) and through contribution of other
agencies such as civic organization.
Sec. 6. Upgrading of Services and Facilities. - All blood banks/centers shall provide
preventive health services such as education and counseling on blood transfusion
transmissible diseases. All government hospitals, including those that have been
devolved, shall be required to establish voluntary blood donation programs and all private
hospitals shall be encouraged to establish voluntary blood donation programs.
The Department, in consultation with the PSHBT and the PSP, shall also establish
guidelines for the rational use of blood and blood products.
Sec. 7. Phase-out of Commercial Blood Banks. - All commercial blood banks shall be
phased-out over a period of two (2) years after the effectivity of this Act, extendable to a
maximum period of two (2) years by the Secretary.
Sec. 8. Non-profit Operation. - All blood banks/centers shall operate on an non-profit

basis: Provided, That they may collect service fees not greater than the maximum
prescribed by the Department which shall be limited to the necessary expenses entailed in
collecting and processing of blood. Blood shall be collected from healthy voluntary
donors only.chan robles virtual law library
Sec. 9. Regulation of Blood Services. - It shall be unlawful for any person to establish
and operate a blood bank/center unless it is registered and issued a license to operate by
the Department: Provided, That in case of emergencies, blood collection and transfusion
under the responsibility of the attending physician shall be allowed in hospitals without
such license under certain conditions prescribed by the Department. No license shall be
granted or renewed by the Department for the establishment and operation of a blood
bank/center unless it complies with the standards prescribed by the Department. Such
blood bank/center shall be under the management of a licensed and qualified physician
duly authorized by the Department.
Sec. 10. Importation of Blood Bank Equipment, Blood Bags and Reagents. - Upon the
effectivity of this Act, blood bags and reagents used for the screening and testing of
donors, collection and processing and storage of blood shall be imported tax-and duty-
free by the PNRC, blood banks and hospitals participating actively in the National
Voluntary Blood Services Program. This provision shall be implemented by the rules and
regulations to be promulgated by the Department in consultation and coordination with
the Department of Finance.
Sec. 11. 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 Secretary,
within sixty (60) days from the approval hereof. The existing Revised Rules and
Regulations Governing the Collection Processing and Provision of Human Blood and
Establishment and Operation of Blood Banks shall remain in force unless amended or
revised by the Secretary. The rules and regulations shall prescribed from time to time the
maximum ceiling for fees for the provision of blood, including, its collection, processing
and storage, professional services and a reasonable allowance for spoilage.
Sec. 12. Penalties. - Upon complaint of any person and after due notice and hearing, any
blood bank/center which shall collect charges and fees than the maximum prescribed by
the Department shall have its license, suspended or revoked by the Secretary.
Any person or persons who shall be responsible for the above violation shall suffer the
penalty of imprisonment of not less than twelve (12) years and one (1) day nor more than
twenty (20) years or a fine of not less than Fifty thousand pesos (P50,000) nor more than
Five hundred thousand pesos (P500,000) or both at the discretion of the competent court.
The Secretary, after due notice and hearing, may impose administrative sanctions such as,
but not limited to fines, suspension, or revocation of license to operate a blood
bank/center and to recommend the suspension or revocation of the license to practice the
profession when applicable.
The head of the blood bank and the necessary trained personnel under the heads direct
supervision found responsible for dispensing, transfusing and failing to dispose, within
forty-eight (48) hours, blood which have been proven contaminated with blood
transfusion transmissible diseases shall be imprisoned for ten(10) years. This is without
prejudice to the filing of criminal charges under the Revised Penal Code.
Sec. 13. Separability Clause. - If any provisions of this Act is declared invalid, the other
provisions hereof not affected thereby shall remain in force and effect.
Sec. 14. Repealing Clause. - This Act supersede Republic Act No.1517 entitled "Blood
Bank Act." The provisions of any law, executive order, presidential decree or other
issuances inconsistent with this Act hereby repealed or modified accordingly.
Sec. 15. Effectivity Clause. - This Act shall take effect after fifteen (15) days following
its publication in the Official Gazette or in two (2) national newspapers of general
circulation.chan robles virtual law library
Approved: May 5, 1994

CONGRESS OF THE PHILIPPINES
Metro Manila
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, nineteen
hundred and ninety-three.
REPUBLIC ACT No. 7722
AN ACT CREATING THE COMMISSION ON HIGHER EDUCATION,

APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

assembled:
Section 1. Title. This Act shall be known as the "Higher Education Act of 1994".
Section 2. Declaration of Policy. - The State shall protect, foster and promote the right of
all citizens to affordable quality education at all levels and shall take appropriate steps to
ensure that education shall be accessible to all. The State shall likewise ensure and
protect academic freedom and shall promote its exercise and observance for the
continuing intellectual growth, the advancement of learning and research, the
development of responsible and effective leadership, the education of high-level and
middle-level professionals, and the enrichment of our historical and cultural heritage.
State-supported institutions of higher learning shall gear their programs to national,

regional or local development plans. Finally, all institutions of higher learning shall
exemplify through their physical and natural surroundings the dignity and beauty of, as
well as their pride in, the intellectual and scholarly life.
Section 3. Creation of the Commission on Higher Education. - In pursuance of the

above mentioned policies, the Commission on Higher Education is hereby created,
hereinafter referred to as the Commission.
The Commission shall be independent and separate from the Department of Education,
Culture and Sports (DECS), and attached to the Office of the President for administrative
purposes only. Its coverage shall be both public and private institutions of higher
education as well as degree-granting programs in all post-secondary educational
institutions, public and private.
Section 4. Composition of the Commission. - The Commission shall be composed of

five (5) full-time members. During the transition period which begins upon approval of
this Act, the President may appoint the Secretary of Education, Culture and Sports as ex
officio chairman of the Commission for a maximum period of one (1) year. Thereafter,
the President shall appoint a Chairman of the Commission and four (4) commissioners,
who shall be holders of earned doctorate(s), who have been actively engaged in higher
education for at least ten (10) years, and must not have been candidates for elective
positions in the elections immediately preceding their appointment. They shall be
academicians known for their high degree of professionalism and integrity who have
distinguished themselves as authorities in their chosen fields of learning. The members of
the Commission shall belong to different academic specializations.
In no case shall any and all of the Commissioners appoint representatives to act on their
behalf.
Section 5. Term of Office. - The President shall appoint the full-time chairman and the
commissioners for a term of four (4) years, without prejudice to one reappointment. The
terms of the initial appointees shall be on a staggered basis: the full-time chairman shall
hold office for a term of four (4) years, the next two (2) commissioners for three (3)
years, and the last two (2) commissioners for two (2) years.
The commissioners shall hold office until their successors shall have been appointed and
qualified. Should a member of the Commission fail to complete his term, his successor
shall be appointed by the President of the Philippines but only for the unexpired portion
of the term.
Section 6. Rank and Emoluments. - The chairman and the commissioners shall have the
rank of a Department Secretary and Undersecretary, respectively. They shall receive the
compensation and other emoluments corresponding to those of a Department Secretary
and Undersecretary, respectively, and shall be subject to the same disqualifications.
Section 7. Board of Advisers. - There shall be constituted a Board of Advisers which

shall meet with the Commission at least once a year to assist it in aligning its policies and
plans with the cultural, political and socioeconomic development needs of the nation and
with the demands of world-class scholarship.
The Board of Advisers shall be composed of the following:
a. the Secretary of Education, Culture and Sports, as chairman;
b. the Director-General of the National Economic and Development Authority, as

co-chairman;
c. the Secretary of Science and Technology;
d. the Secretary of Trade and Industry;
e. the Secretary of Labor and Employment;

f. the President of the Federation of Accrediting Associations of the Philippines
(FAAP); and
g. the President of the Fund for Assistance to Private Education (FAPE).
Two (2) additional members of the Board of Advisers may be appointed by the President
upon recommendation of the Commission.
Section 8. Powers and Functions of the Commission. -The Commission shall have the
following powers and functions:
a. formulate and recommend development plans, policies, priorities, and programs

on higher education and research;
b. formulate and recommend development plans, policies, priorities and programs

on research;
c. recommend to the executive and legislative branches, priorities and grants on

higher education and research;
d. set minimum standards for programs and institutions of higher learning

recommended by panels of experts in the field and subject to public hearing, and
enforce the same;
e. monitor and evaluate the performance of programs and institutions of higher

learning for appropriate incentives as well as the imposition of sanctions such as,
but not limited to, diminution or withdrawal of subsidy, recommendation on the
downgrading or withdrawal of accreditation, program termination or school
closure;
f. identify, support and develop potential centers of excellence in program areas

needed for the development of world-class scholarship, nation building and
national development;
g. recommend to the Department of Budget and Management the budgets of

public institutions of higher learning as well as general guidelines for the use of
their income;
h. rationalize programs and institutions of higher learning and set standards,

policies and guidelines for the creation of new ones as well as the conversion or
elevation of schools to institutions of higher learning, subject to budgetary
limitations and the number of institutions of higher learning in the province or
region where creation, conversion or elevation is sought to be made;
i. develop criteria for allocating additional resources such as research and program
development grants, scholarships, and other similar programs: Provided, That
these shall not detract from the fiscal autonomy already enjoyed by colleges and
universities;
j. direct or redirect purposive research by institutions of higher learning to meet

the needs of agro-industrialization and development;
k. devise and implement resource development schemes;
l. administer the Higher Education Development Fund, as described in Section 10

hereunder, which will promote the purposes of higher education;
m. review the charters of institutions of higher learning and state universities and
colleges including the chairmanship and membership of their governing bodies
and recommend appropriate measures as basis for necessary action;
n. promulgate such rules and regulations and exercise such other powers and
functions as may be necessary to carry out effectively the purpose and objectives
of this Act; and
o. perform such other functions as may be necessary for its effective operations
and for the continued enhancement, growth or development of higher education.
Section 9. The Secretariat. - The Commission shall organize a secretariat which shall be
headed by an executive officer, subject to the national compensation and position
classification plan. It shall fix the secretariats staffing pattern, determine the duties,
qualifications, responsibilities and functions, as well as the compensation scheme for the
positions to be created upon the recommendation of the executive officer. It shall also
prepare and approve its budget.
The Commission shall appoint the members of the staff upon the recommendation of the
executive officer.
Section 10. The Higher Education Development Fund. -A Higher Education

Development Fund, hereinafter referred to as the Fund, is hereby established exclusively
for the strengthening of higher education in the entire country.
a. The Governments contribution to the Fund shall be the following:
1. the amount of Five hundred million pesos (P500,000,000) as seed

capital;
2. the amount of Fifty million pesos (P50,000,000) for the initial operation
of the Commission;
3. the equivalent of forty percent (40%) annual share on the total gross
collections of the travel tax;
4. the equivalent of thirty percent (30%) share of the collections from the
Professional Registration Fee; and
5. the equivalent of one percent (1%) of the gross sales of the lotto
operation of the Philippine Charity Sweepstakes Office (PCSO).
b. Starting Fiscal Year 1995 and every year thereafter, government financing
institutions identified and requested by the Commission may contribute to the
Fund an amount equivalent to not less than three percent (3%) but not more than
five percent (5%) of their unimpaired surplus realized during the immediately
preceding year.
c. The Fund shall have a private portion to be raised from donations, gifts, and
other conveyances including materials, equipment, properties and services by
gratuitous title.
Section 11. Management and Administration of the Higher Education Development

Fund. - The Fund shall be administered by the Commission. For sound and judicious
management of the Fund, the Commission shall appoint a reputable government financial
institution as portfolio manager of the Fund, subject to the following conditions.
As administrator of the Fund, the Commission shall prepare the necessary guidelines for
its use, subject to the following conditions:
a. No part of the seed capital of the Fund, including earnings thereof, shall be used
to underwrite overhead expenses for administration;
b. Unless otherwise stipulated by the private donor, only earnings of private

contributions shall be used for administrative expenses;
c. The Commission shall appoint and organize a separate staff, independent

administratively and budgetarily separate from the Commission Secretariat; and
d. The Fund shall be utilized equitably according to regions and programs.
Section 12. The Technical Panels. - The Commission shall reconstitute and/or organize
technical panels for different disciplines/program areas. They shall assist the Commission
in setting standards and in program and institution monitoring and evaluation. The
technical panels shall be composed of senior specialists or academicians to be appointed
by the Commission.
Section 13. Guarantee of Academic Freedom. - Nothing in this Act shall be construed as
limiting the academic freedom of universities and colleges. In particular, no abridgment
of curricular freedom of the individual educational institutions by the Commission shall
be made except for: (a) minimum unit requirements for specific academic programs; (b)
general education distribution requirements as may be determined by the Commission;
and (c) specific professional subjects as may be stipulated by the various licensing
entities. No academic or curricular restriction shall be made upon private educational
institutions which are not required for chartered state colleges and universities.
Section 14. Accreditation. - The Commission shall provide incentives to institutions of

higher learning, public and private, whose programs are accredited or whose needs are
for accreditation purposes.
Section 15. Tax Exemptions. - Any donation, contribution, bequest, and grant which
may be made to the Commission shall constitute as allowable deduction from the income
of the donor for income tax purposes and shall be exempt from donors tax, subject to
such conditions as provided under the National Internal Revenue Code, as amended.
Section 16. Authority. - The Commission shall exercise such authority as may be deemed
necessary within its premises or areas of operation to effectively carry out its powers and
functions and to attain its objectives: Provided, That the Commission may seek the
assistance of other government agencies for the proper implementation of this Act.
Section 17. Appropriation. - The amount of Five hundred million pesos (P500,000,000)
is hereby authorized to be appropriated for the seed capital of the Fund. The additional
amount of Fifty million pesos (P50,000,000) is hereby authorized to be appropriated out
of the funds in the National Treasury not otherwise appropriated or out of the Philippine
Amusement and Gaming Corporation (PAGCOR) funds for the initial operation of the
Commission.
The sum equivalent to the appropriations for the current year for the Bureau of Higher
Education and the degree-granting-programs of the Bureau of Technical-Vocational
Education, including those for higher and tertiary education and degree granting
vocational and technical programs of the Bureau of Technical-Vocational Education in
the regional offices, as well as parts of the budgetary items under the DECS budget that
are concerned with higher and tertiary education and degree-granting vocational and
technical programs such as those for personal services, maintenance and other operating
expenses and capital outlay, shall be transferred to the Commission.
Thereafter, the funds necessary shall be included in the General Appropriations Act.
Section 18. Transitory Provisions. - Such personnel, properties, assets and liabilities,
functions and responsibilities of the Bureau of Higher Education, including those for
higher and tertiary education and degree-granting vocational and technical programs in
the regional offices, under the Department of Education, Culture and Sports, and other
government entities having functions similar to those of the Commission are hereby
transferred to the Commission.
The Commission shall have the authority to appoint its own personnel.
All regular or permanent employees transferred to the Commission shall not suffer any
loss of seniority or rank or decrease in emoluments. Personnel of the Bureau of Higher
Education not otherwise transferred to the Commission shall be reassigned by the DECS
in any of its offices and bureaus: Provided, however, That, any employee who cannot be
accommodated shall be given all the benefits as may be provided under existing laws,
rules and regulations.
Jurisdiction over DECS-supervised or chartered state-supported post-secondary degree-

granting vocational and technical programs and tertiary institutions shall be transferred to
the Commission.
A transitory body is hereby created which shall be composed of the Secretary of

Education, Culture and Sports (DECS), Chair of the Senate Committee on Education,
Arts and Culture, Chair of the House Committee on Education and Culture, a
representative each of the Association of Christian Schools and Colleges (ACSC), the
Catholic Educational Association of the Philippines (CEAP), the Philippine Association
of Colleges and Universities (PACU), the Philippine Association of Private Schools,
Colleges and Universities (PAPSCU), the Philippine Association of State Universities
and Colleges (PASUC), and the Philippine Association of Private Technical Institutions
(PAPTI).
The transitory body shall facilitate the complete and full operation of the Commission
which shall not be later than three (3) months after the effectivity of this Act. It shall
likewise, promulgate the rules and regulations necessary to effectively implement the
smooth and orderly transfer to the Commission. The transition period not exceeding three
(3) months shall commence from the approval of this Act.1wphi1
Section 19. Repealing Clause. -All laws, presidential decrees, executive orders, rules and
regulations or parts thereof which are inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.
Section 20. Separability Clause. - If any part or provision of this Act shall be held
unconstitutional or invalid, other provisions hereof which are not affected thereby shall
continue to be in full force and effect.
Section 21. Effectivity. - This Act shall take effect upon its approval.
Approved,
(Sgd.) EDGARDO J. ANGARA (Sgd.) JOSE DE VENECIA, JR.

President of the Senate Speaker of the House of
Representatives
This Act, which is a consolidation of Senate Bill No. 1453 and the House Bill No. 12200,
was finally passed by the Senate and the House of Representatives on May 4, 1994 and
May 17, 1994, respectively.
(Sgd.) EDGARDO E. TUMANGAN (Sgd.) CAMILO L. SABIO

Secretary of Senate Secretary General
House of Representatives
Approved: 18 May 1994
(Sgd.) FIDEL V. RAMOS

President 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

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 pre-test 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 non-formal 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 post-employment, 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 non-government 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 long-term 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

AN ACT MODERNIZING THE PROFESSIONAL REGULATION

COMMISSION, REPEALING FOR THE PURPOSE PRESIDENTIAL DECREE
NUMBERED TWO HUNDRED AND TWENTY-THREE, ENTITLED
"CREATING THE PROFESSIONAL REGULATION COMMISSION AND
PRESCRIBING ITS POWERS AND FUNCTIONS," AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines Congress

assembled:
Section 1. Title This Act shall be called the "PRC Modernization Act of 2000."
Section 2. Statement of Policy The State recognizes the important role of professionals
in nation-building and, towards this end, promotes the sustained development of a
reservoir of professionals whose competence has been determined by honest and credible
licensure examinations and whose standards of professional service and practice are
internationally recognized and considered world-class brought about the regulatory
measures, programs and activities that foster professional growth and advancement.
Section 3. Professional Regulation Commission There is hereby created a three-man

commission to be known as the Professional Regulation Commission, hereinafter referred
to as the Commission, which shall be attached to the office of the President for general
direction and coordination.
Section 4. Composition The Commission shall be headed by one (1) full-time

Chairperson and two (2) full-time Commissioners, all to be appointed by the President for
a term of seven (7) years without reappointment to start from the time they assume office.
Appointments to a vacancy that occurs before the expiration of the term of a
Commissioner shall cover only the unexpired term of the immediate predecessor. At the
expiration of the Chairperson, the most senior of the Commissioners shall temporarily
assume and perform the duties and functions of the Chairperson until a permanent
Chairperson is appointed by the President.
The Chairperson or Commissioner shall be at least forty (40) years of age, holding a valid
certificate of registration/professional license and a valid professional identification card
or a valid certificate of competency issued by the Commission or a valid professional
license issued by any government agency, familiar with the principles and methods of
professional regulation and/or licensing and has had at least five (5) years of executive or
management experience: Provided, That, one (1) of the Commissioners must be a past
Chairperson/member of a Professional Regulatory Board.
Section 5. Exercise of Powers and Functions of the Commission The Chairperson of

the Commission, and the Commissioners as members thereof shall sit and act as a body to
exercise general administrative, executive and policy-making functions of the
Commission. The Commission shall establish and maintain a high standard of admission
to the practice of all professions and at all times ensure and safeguard the integrity of all
licensure examinations.
The Chairperson shall act as the presiding and chief executive officer of the Commission.
As presiding officer, he/she shall preside over the meetings of the Commission sitting as
a collegial body. As chief executive officer of the Commission, he/she shall be
responsible for the implementation of the policies and the programs adopted by the
Commission for the general administration of the Commission. He/she shall perform such
other activities which are necessary for the effective exercise of the powers, functions and
responsibilities of the Commission.
Section 6. Compensation and Other Benefits The Chairperson shall receive

compensation and allowances equivalent to that of a Department Secretary while the
Commissioners shall receive compensation and allowances equivalent to that of an
Undersecretary. The Chairperson and the members of the Commission shall be entitled to
retirement benefits provided under Republic Act Numbered Fifteen Hundred and Sixty
Eight, as amended by Republic Act Numbered Three Thousand Five Hundred and Ninety
Five.
Section 7. Powers, Functions and Responsibilities of the Commission The powers,

functions, and responsibilities of the Commission are as follows:
(a) To administer, implement and enforce the regulatory policies of the national
government with respect to the regulation and licensing of the various professions
and occupations under its jurisdiction including the enhancement and
maintenance of professional and occupational standards and ethics and the
enforcement of the rules and regulations relative thereto:
(b) To perform any and all acts, enter into contracts, make such rules and
regulations and issue such orders and other administrative issuance as may be
necessary in the execution and implementation of its functions and the
improvement of its services;
(c) To review, revise, and approve resolutions, embodying policies promulgated

by the Professional Regulatory Boards in the exercise of their powers and
functions or in implementing the laws regulating their respective professions and
other official actions on non-ministerial matters within their respective
jurisdictions;
(d) To administer and conduct the licensure examinations of the various

regulatory boards in accordance with the rules and regulations promulgated by the
Commission; determine and fix the places and dates of examinations; use publicly
or privately owned buildings and facilities for examination purposes; conduct
more than one (1) licensure examination: Provided, That, when there are two (2)
or more examinations given in a year, at least one (1) examinations shall be held
on weekdays (Monday to Friday): Provided, further, That, if only one (1)
examination is given in a year, this shall be held only on weekdays: Provided,
finally, That, the Commission is also authorized to require the completion of a
refresher course where the examinee has failed to pass three (3) times, except as
otherwise provided by law; approve the results of examinations and the release of
the same; adopt measures to preserve the integrity and inviolability of licensure
examinations; appoint supervisors and room watchers from among the employees
of the government and/or private individuals with baccalaureate degrees, who
have been trained by the Commission for the purpose and who shall be entitled to
a reasonable daily allowance for every examination day actually attended, to be
determined and fixed by the Commission; publish the list of successful
examinees; provide schools, colleges and universities, public and private, offering
courses for licensure examinations, with copies of sample test questions on
examinations recently conducted by the Commission and copies of the syllabi or
terms of specifications of subjects for licensure examinations; and impose the
penalty of suspension or prohibition from taking licensure examinations to any
examinee charged and found guilty of violating the rules and regulations
governing the conduct of licensure examinations promulgated by the
Commission;
(e) To admit the successful examinees to the practice of the profession or

occupation; cause the entry of their names on its registry book and computerized
database; issue certificates of registration/professional license, bearing the
registrants name, picture, and registration number, signed by all the members of
the Board concerned and the Chairperson, with the official seal of the Board and
the Commission affixed thereto which certificate shall be the authority to practice;
and at the option of the professional concerned, ministerially issue the
professional identification card, to be used solely for the purpose of identification,
upon payment of the appropriate amount: Provided, That, marine deck and marine
engineer officers shall also be issued endorsement certificates exclusively by the
Commission pursuant to the 1978 and 1995 Standards of Training, Certification
and Watch-keeping (STCW) Convention, to the exclusion of any other
government agency, Section 1(2) of Executive Order No. 149, Series of 1999 and
provisions of other existing laws, executive orders, administrative
issuance/regulations to the contrary notwithstanding: Provided, further, That,
once a certificate of registration/professional license, or certificate of competency,
in the case of marine deck and engine officers are issued, this cannot be
withdrawn, cancelled, revoked, or suspended except for just cause as may be
provided by law after due notice and hearing;
(f) To have custody of all the records of the various Boards, including
examination papers, minutes of deliberation, records of administrative cases and
investigations and examination results for control and disposition;
(g) To determine and fix the amount of fees to be charged and collected for
examination, registration, registration without examination, professional
identification card, certification, docket, appeal, replacement, accreditation,
including surcharges and other fees not specified under the provisions of Republic
Act Numbered Four Hundred Sixty Five as amended by Republic Act Numbered
Sixty Five Hundred and Eleven or to charge and collect reasonable fees at the
rates higher than the rates provided thereunder subject to the approval by the
Office of the President.
(h) To appoint subject to the Civil Service laws, rules, and regulations, officials
and employees of the Commission necessary for the effective performance of its
functions and responsibilities; prescribe their duties and fix their compensation
subject to the provisions of Republic Act Numbered Six Thousand Seven
Hundred and Fifty Eight and allowances including other fringe benefits; and to
assign and/or reassign personnel as the exigency of the service requires subject to
the Civil Service laws, rules and regulations; and to organize or reorganize the
structure of the Commission; and create or abolish positions or change the
designation of existing positions in accordance with a staffing pattern prepared by
it and approved by the Office of the President upon the recommendation of the
Department of Budget and Management (DBM) to meet the changing conditions
or as the need arises: Provided, That, such changes shall not affect the
employment status of the incumbents, reduce their ranks and/or salaries nor shall
result in their separation from the service;
(i) To submit and recommend to the President of the Philippines the names of
licensed/registered professionals for appointment as members of the various
Professional Regulatory Boards from among those nominated to fill up vacancies
pursuant to the provisions of Executive Order No. 496, Series of 1991;
(j) Upon recommendation of the Professional Regulatory Board concerned, to

approve the registration of and authorize the issuance of a certificate of
registration/license and professional identification card with or without
examination to a foreigner who is registered under the laws of his state or country
and whose certificate of registration issued therein has not been suspended or
revoked: Provided, That, the requirements for the registration or licensing in said
foreign state or country are substantially the same as those required and
contemplated by the laws of the Philippines and that the laws of such foreign state
or country allow the citizens of the Philippines to practice the profession on the
same basis and grant the same privileges as those enjoyed by the subjects or
citizens of such foreign state or country: Provided, further, That, the Commission
may, upon recommendation of the Board concerned, authorize the issuance of a
certificate of registration/license or a special temporary permit to foreign
professionals who desire to practice their professions in the country under
reciprocity and other international agreements; consultants in foreign-funded,
joint venture or foreign-assisted projects of the government, employees of
Philippine or foreign private firms or institutions pursuant to law, or health
professionals engaged in humanitarian mission for a limited period of time:
Provided, finally, That agencies, organizations or individuals whether public or
private, who secure he services of a foreign professional authorized by law to
practice in the Philippines for reasons aforementioned, shall be responsible for
securing a special permit from the Professional Regulation Commission (PRC)
and the Department of Labor and Employment (DOLE), pursuant to PRC and
DOLE rules:
(k) To authorize any officer of the Commission to administer oaths:
(l) To supervise foreign nations who are authorized by existing laws to practice
their professions either as holders of a certificate of registration and a professional
identification card or a temporary special permit in the Philippines; to ensue that
the terms and conditions for their practice or of their employment are strictly
complied with; to require the hiring or employing government agency or private
entity/institution to secure a temporary special permit from the concerned Board
subject to approval by the Commission and to file a criminal complaint against
the head of the government agency or officers of the said private entity/institution,
who shall be liable under the penalty provided for in the concerned professional
regulatory law or the penalty imposed pursuant to this Act, when the professional
was hired and allowed to practice his/her profession without permit; to file upon
due process request for deportation with the Bureau of Immigration and
Deportation (BID); and to supervise professionals who were former citizens of the
Philippines and who had been registered and issued a certificate of registration
and a professional identification card prior to their naturalization as foreign
citizens, who may, while in the country on a visit, sojourn or permanent
residence, practice their profession: Provided, That, prior to the practice of their
profession they shall have first been issued a special permit and updated
professional identification card by the Board concerned subject to approval by the
Commission and upon payment of the permit and annual registration fees;
(m) To monitor the performance of schools in licensure examinations and publish

the results thereof in a newspaper of national circulation;
(n) To adopt and institute a comprehensive rating system for universities,

colleges, and training institutes based on the passing ratio and overall
performance of students in board examinations;
(o) To exercise administrative supervision over the various professional

regulatory boards and its members;
(p) To adopt and promulgate such rules and regulations as may be necessary to
effectively implement policies with respect to the regulation and practice of the
professions;
(q) To implement the program for the full computerization of all licensure
examinations given by the various professional regulatory boards including the
registration of professionals not later than the year 2003 and other operations of
the Commission;
(r) To investigate and decide administrative matters involving officers and

employees under the jurisdiction of the Commission;
(s) To investigate motu proprio or upon the filing of a verified complaint, any
member of the Professional Regulatory Boards for neglect of duty, incompetence,
unprofessional, unethical, immoral or dishonorable conduct, commission of
irregularities in the licensure examinations which taint or impugn the integrity and
authenticity of the results of the said examinations and, if found guilty, to revoke
or suspend their certificates of registration and professional licenses/identification
cards and to recommend to the President of the Philippines their suspension or
removal from office as the case may be;
(t) To issue summons, subpoena and subpoena duces tecum in connection with
the investigation of cases against officials and employees of the Commission and
the members of the Professional Regulatory Boards;
(u) To hold in contempt in erring party or person only upon application with a
court of competent jurisdiction;
(v) To call upon or request any department, instrumentality, office, bureau,

institution or agency of the government including local government units to
render such assistance as it may require, or to coordinate or cooperate in order to
carry out, enforce or implement the professional regulatory policies of the
government or any program or activity it may undertake pursuant to the
provisions of this Act;
(w) To initiate an investigation, upon complaint under oath by an aggrieved party,

of any person, whether a private individual or professional, local or foreign, who
practices the regulated profession or occupation without being authorized by law,
or without being registered with and licensed by the concerned regulatory board
and issued the corresponding license/professional identification card or temporary
or special permit, or who commits any of the prohibited acts provided in the
regulatory laws of the various professions, which acts are criminal in nature, and
if the evidence so warrants, to forward the records of the case to the office of the
city or provincial prosecutor for the filing of the corresponding information in
court by the lawyers of the legal services of the Commission who may prosecute
said case/s upon being deputized by the Secretary of Justice;
(x) To prepare an annual report of accomplishments on the programs, projects and

activities of the Commission during the year for submission to Congress after the
close of its calendar year and make appropriate recommendations on issues and/or
problems affecting the Commission, the Professional Regulatory Board, and the
various professions under its jurisdiction; and
(y) To perform such other functions and duties as may be necessary to carry out
the provisions of this Act, the various professional regulatory laws, decrees,
executive orders and other administrative issuance.
Section 8. Regional Offices The Commission is hereby authorized to create regional

offices as may be necessary to carry out their functions mandated under this Act.
Section 9. Powers, Functions and Responsibilities of the Various Professional

Regulatory Boards The various, professional regulatory boards shall retain the
following powers, functions and responsibilities:
(a) To regulate the practice of the professions in accordance with the provisions
of their respective professional regulatory laws;
(b) To monitor the conditions affecting the practice of the profession or

occupation under their respective jurisdictions and whenever necessary, adopt
such measures as may be deemed proper for the enhancement of the profession or
occupation and/or the maintenance of high professional, ethical and technical
standards, and for this purpose the members of the Board duly authorized by the
Commission with deputized employees of the Commission, may conduct ocular
inspection in industrial, mechanical, electrical or chemical plants or
establishments, hospitals, clinics, laboratories, testing facilities, mines and
quarries, other engineering facilities and in the case of schools, in coordination
with the Commission on Higher Education (CHED);
(c) To hear and investigate cases arising from violations of their respective laws,
the rules and regulations promulgated thereunder and their Codes of Ethics and,
for this purpose, may issue summons, subpoena and subpoena duces tecum to
alleged violators and/or witnesses to compel their attendance in such
investigations or hearings: Provided, That, the decision of the Professional
Regulatory Board shall, unless appealed to the Commission, become final and
executory after fifteen (15) days from receipt of notice of judgment or decision;
(d) To delegate the hearing or investigation of administrative cases filed before

them except in cases where the issue or question involved strictly concerns the
practice of the profession or occupation, in which case, the hearing shall be
presided over by at least one (1) member of the Board concerned assisted by a
Legal or Hearing Officer of the Commission;
(e) To conduct, through the Legal Officers of the Commission, summary

proceedings on minor violations of their respective regulatory laws, violations of
the rules and regulations issued by the boards to implement their respective laws,
including violations of the general instructions to examinees committed by
examinees, and render summary judgment thereon which shall, unless appealed to
the Commission, become final and executory after fifteen (15) days from receipt
of notice of judgment or decision;
(f) Subject to final approval by the Commission, to recommend registration
without examination and the issuance of corresponding certificate of registration
and professional identification card;
(g) After due process, to suspend, revoke or reissue, reinstate certificate of

registration or licenses for causes provided by law;
(h) To prepare, adopt and issue the syllabi or tables of specifications of the
subjects for examinations in consultation with the academe; determine and
prepare the questions for the licensure examinations which shall strictly be within
the scope of the syllabus or table of specifications of the subject for examination;
score and rate the examination papers with the name and signature of the Board
member concerned appearing thereon and submit the results in all subjects duly
signed by the members of the Board to the Commission within ten (10) days from
the last day of examination unless extended by the Commission for justifiable
cause/s; and subject to the approval by the Commission, determine the appropriate
passing general average rating in an examination if not provided for in the law
regulating the profession; and
(i) To prepare an annual report of accomplishments on programs, projects and

activities of the Board during the year for submission to the Commission after the
close of each calendar year and make appropriate recommendations on issues or
problems affecting the profession to the Commission.
Section 10. Compensation of the Members of the Professional Regulatory Boards The
members of the Professional Regulatory Boards shall receive compensation equivalent to,
at least, two salary grades lower than the salary grade of the Commissioners: Provided,
That the Chairperson of the Regulatory Board shall receive a monthly compensation of
two steps higher than the members of the Board, and: Provided, further, That they shall
be entitled to other allowances and benefits provided under existing laws.
Section 11. Person to Teach Subjects for Licensure Examination on all Professions All
subjects for licensure examinations shall be taught by persons who are holders of valid
certificates of registration and valid professional licenses of the profession and who
comply with the other requirements of the CHED.
Section 12. Assistance of Law Enforcement Agency Any law enforcement agency shall,
upon call or request of the Commission or of any Professional Regulatory Board, render
assistance in enforcing the regulatory law of the profession including the rules and
regulations promulgated thereunder by prosecuting the violators thereof in accordance
with law and the rules of court.
Section 13. Appropriations The amount necessary to carry out the initial
implementation of this Act shall be charged against the current years appropriations of
the Professional Regulation Commission. Thereafter, such sums as may be necessary for
the continued implementation of this Act shall be included in the succeeding General
Appropriations Act.
Section 14. Authority to Use Income In addition to the annual appropriations of the
Commission provided under the Annual General Appropriations Act, the Commission is
hereby authorized to use its income not exceeding the amount of Forty-five million pesos
(P45,000,000.00) a year for a period of five (5) years after the effectivity of this Act to
implement the program for full computerization of the operations of the Commission,
subject to the usual accounting and auditing requirements.
Section 15. Penalties for Manipulation and Other Corrupt Practices in the Conduct of
Professional Examinations
(a) Any person who manipulates or rigs licensure examination results, secretly
informs or makes known licensure examination questions prior to the conduct of
the examination or tampers with the grades in professional licensure examinations
shall, upon conviction, be punished by imprisonment of not less than six (6) years
and one (1) day to not more than twelve (12) years or a fine of not less than Fifty
thousand pesos (P50,000.00) to not more than One hundred thousand pesos
(P100,000.00) or both such imprisonment and fine at the discretion of the court.
(b) In case the offender is an officer or employee of the Commission or a member

of the regulatory board, he/she shall be removed from office and shall suffer the
penalty of perpetual absolute disqualification from public office to addition to the
penalties prescribed in the preceding section of this Act;
(c) The penalty of imprisonment ranging from four (4) years and one (1) day to
six (6) years or a fine ranging from Twenty thousand pesos (P20,000.00) to not
more than Forty-nine thousand pesos (P49,000.00), or both imprisonment and fine
at the discretion of the court, shall be imposed upon the accomplices. The penalty
of imprisonment ranging from two (2) years and one (1) day to four (4) years or a
fine ranging from Five thousand pesos (P5,000.00) to not more than Nineteen
thousand pesos (P19,000.00), or both imprisonment and fine at the discretion of
the court, shall be imposed upon the accessories.
Section 16. Penalties for Violation of Section 7 Subparagraph (1) by Heads of

Government Agencies or Officers of Private Entities/Institutions Any head of a
government agency or officer(s) of a private firm/institution who violates Section 7
subpar. (1) of this Act shall be punished by imprisonment of not less than six (6) months
and one (1) day to not more than six (6) years, or a fine of not less than Fifty thousand
pesos (P50,000.00) to not more than Five hundred thousand pesos (P500,000.00) or both
at the discretion of the court.
Section 17. Implementing Rules and Regulations Within ninety (90) days after the
approval of this Act, the Professional Regulation Commission, together with
representatives of the various Professional Regulatory Boards and accredited professional
organizations, the DBM, and the CHED shall prepare and promulgate the necessary rules
and regulations needed to implement the provisions of this Act.
Section 18. Transitory Provisions The incumbent Commissioner and two (2)
incumbent Associate Commissioners shall serve as Chairperson and Commissioners
respectively under the terms for which they have been appointed without need of new
appointments. The incumbent Executive Director shall likewise serve as Assistant
Commissioner without need of new appointment.
Section 19. Separability Clause If any provision of this Act or the application of such
provision to any person or circumstances is declared invalid or unconstitutional, the
remainder of this Act or application of such provisions to other persons or circumstance
shall not be affected by such declaration.
Section 20. Repealing Clause Republic Act. No. 546, Presidential Decree No. 223, as
amended by Presidential Decree No. 657, Republic Act No. 5181, and Executive Order
No. 266, Series of 1995 are hereby repealed. Section 23 (h) of Republic Act No. 7836,
Section 4 (m & s). Section 23 of Republic Act No. 7920, and Section 29 of Republic Act
No. 8050, insofar as it requires completion of the requirements of the Continuing
Professional Education (CPE) as a condition for the renewal of the license are hereby
repealed. All other laws, orders, rules and regulations or resolutions and all part/s thereof
inconsistent with the provisions of this Act are hereby repealed or amended accordingly.
Section 21. Effectivity This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette or in two (2) newspapers of general circulation,
whichever is earlier.
Approved: December 05, 2000
(Sgd.)JOSEPH EJERCITO ESTRADA

Twelfth Congress
First Regular Session
REPUBLIC ACT NO. 9165 June 7, 2002
AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT

OF 2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS
THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
Section 1. Short Title. This Act shall be known and cited as the "Comprehensive
Dangerous Drugs Act of 2002".
Section 2. Declaration of Policy. It is the policy of the State to safeguard the integrity
of its territory and the well-being of its citizenry particularly the youth, from the harmful
effects of dangerous drugs on their physical and mental well-being, and to defend the
same against acts or omissions detrimental to their development and preservation. In
view of the foregoing, the State needs to enhance further the efficacy of the law against
dangerous drugs, it being one of today's more serious social ills.
Toward this end, the government shall pursue an intensive and unrelenting campaign
against the trafficking and use of dangerous drugs and other similar substances through
an integrated system of planning, implementation and enforcement of anti-drug abuse
policies, programs, and projects. The government shall however aim to achieve a balance
in the national drug control program so that people with legitimate medical needs are not
prevented from being treated with adequate amounts of appropriate medications, which
include the use of dangerous drugs.
It is further declared the policy of the State to provide effective mechanisms or measures
to re-integrate into society individuals who have fallen victims to drug abuse or
dangerous drug dependence through sustainable programs of treatment and rehabilitation.
ARTICLE I
Definition of terms
Section 3. Definitions. As used in this Act, the following terms shall mean:
(a) Administer. Any act of introducing any dangerous drug into the body of any person,
with or without his/her knowledge, by injection, inhalation, ingestion or other means, or
of committing any act of indispensable assistance to a person in administering a
dangerous drug to himself/herself unless administered by a duly licensed practitioner for
purposes of medication.
(b) Board. - Refers to the Dangerous Drugs Board under Section 77, Article IX of this
Act.
(c) Centers. - Any of the treatment and rehabilitation centers for drug dependents referred
to in Section 34, Article VIII of this Act.
(d) Chemical Diversion. The sale, distribution, supply or transport of legitimately

imported, in-transit, manufactured or procured controlled precursors and essential
chemicals, in diluted, mixtures or in concentrated form, to any person or entity engaged
in the manufacture of any dangerous drug, and shall include packaging, repackaging,
labeling, relabeling or concealment of such transaction through fraud, destruction of
documents, fraudulent use of permits, misdeclaration, use of front companies or mail
fraud.
(e) Clandestine Laboratory. Any facility used for the illegal manufacture of any
dangerous drug and/or controlled precursor and essential chemical.
(f) Confirmatory Test. An analytical test using a device, tool or equipment with a
different chemical or physical principle that is more specific which will validate and
confirm the result of the screening test.
(g) Controlled Delivery. The investigative technique of allowing an unlawful or suspect

consignment of any dangerous drug and/or controlled precursor and essential chemical,
equipment or paraphernalia, or property believed to be derived directly or indirectly from
any offense, to pass into, through or out of the country under the supervision of an
authorized officer, with a view to gathering evidence to identify any person involved in
any dangerous drugs related offense, or to facilitate prosecution of that offense.
(h) Controlled Precursors and Essential Chemicals. Include those listed in Tables I and
II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances as enumerated in the attached annex, which is an integral part of this Act.
(i) Cultivate or Culture. Any act of knowingly planting, growing, raising, or permitting
the planting, growing or raising of any plant which is the source of a dangerous drug.
(j) Dangerous Drugs. Include those listed in the Schedules annexed to the 1961 Single
Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules
annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the
attached annex which is an integral part of this Act.
(k) Deliver. Any act of knowingly passing a dangerous drug to another, personally or
otherwise, and by any means, with or without consideration.
(l) Den, Dive or Resort. A place where any dangerous drug and/or controlled precursor
and essential chemical is administered, delivered, stored for illegal purposes, distributed,
sold or used in any form.
(m) Dispense. Any act of giving away, selling or distributing medicine or any
dangerous drug with or without the use of prescription.
(n) Drug Dependence. As based on the World Health Organization definition, it is a

cluster of physiological, behavioral and cognitive phenomena of variable intensity, in
which the use of psychoactive drug takes on a high priority thereby involving, among
others, a strong desire or a sense of compulsion to take the substance and the difficulties
in controlling substance-taking behavior in terms of its onset, termination, or levels of
use.
(o) Drug Syndicate. Any organized group of two (2) or more persons forming or joining
together with the intention of committing any offense prescribed under this Act.
(p) Employee of Den, Dive or Resort. The caretaker, helper, watchman, lookout, and
other persons working in the den, dive or resort, employed by the maintainer, owner
and/or operator where any dangerous drug and/or controlled precursor and essential
chemical is administered, delivered, distributed, sold or used, with or without
compensation, in connection with the operation thereof.
(q) Financier. Any person who pays for, raises or supplies money for, or underwrites
any of the illegal activities prescribed under this Act.
(r) Illegal Trafficking. The illegal cultivation, culture, delivery, administration,

dispensation, manufacture, sale, trading, transportation, distribution, importation,
exportation and possession of any dangerous drug and/or controlled precursor and
essential chemical.
(s) Instrument. Any thing that is used in or intended to be used in any manner in the
commission of illegal drug trafficking or related offenses.
(t) Laboratory Equipment. The paraphernalia, apparatus, materials or appliances when

used, intended for use or designed for use in the manufacture of any dangerous drug
and/or controlled precursor and essential chemical, such as reaction vessel,
preparative/purifying equipment, fermentors, separatory funnel, flask, heating mantle, gas
generator, or their substitute.
(u) Manufacture. The production, preparation, compounding or processing of any

dangerous drug and/or controlled precursor and essential chemical, either directly or
indirectly or by extraction from substances of natural origin, or independently by means
of chemical synthesis or by a combination of extraction and chemical synthesis, and shall
include any packaging or repackaging of such substances, design or configuration of its
form, or labeling or relabeling of its container; except that such terms do not include the
preparation, compounding, packaging or labeling of a drug or other substances by a duly
authorized practitioner as an incident to his/her administration or dispensation of such
drug or substance in the course of his/her professional practice including research,
teaching and chemical analysis of dangerous drugs or such substances that are not
intended for sale or for any other purpose.
(v) Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any other
name. Embraces every kind, class, genus, or specie of the plant Cannabis sativa L.
including, but not limited to, Cannabis americana, hashish, bhang, guaza, churrus and
ganjab, and embraces every kind, class and character of marijuana, whether dried or fresh
and flowering, flowering or fruiting tops, or any part or portion of the plant and seeds
thereof, and all its geographic varieties, whether as a reefer, resin, extract, tincture or in
any form whatsoever.
(w) Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy", or

by its any other name. Refers to the drug having such chemical composition, including
any of its isomers or derivatives in any form.
(x) Methamphetamine Hydrochloride or commonly known as "Shabu", "Ice", "Meth", or

by its any other name. Refers to the drug having such chemical composition, including
any of its isomers or derivatives in any form.
(y) Opium. Refers to the coagulated juice of the opium poppy (Papaver somniferum L.)
and embraces every kind, class and character of opium, whether crude or prepared; the
ashes or refuse of the same; narcotic preparations thereof or therefrom; morphine or any
alkaloid of opium; preparations in which opium, morphine or any alkaloid of opium
enters as an ingredient; opium poppy; opium poppy straw; and leaves or wrappings of
opium leaves, whether prepared for use or not.
(z) Opium Poppy. Refers to any part of the plant of the species Papaver somniferum L.,
Papaver setigerum DC, Papaver orientale, Papaver bracteatum and Papaver rhoeas,
which includes the seeds, straws, branches, leaves or any part thereof, or substances
derived therefrom, even for floral, decorative and culinary purposes.
(aa) PDEA. Refers to the Philippine Drug Enforcement Agency under Section 82,
Article IX of this Act.
(bb) Person. Any entity, natural or juridical, including among others, a corporation,
partnership, trust or estate, joint stock company, association, syndicate, joint venture or
other unincorporated organization or group capable of acquiring rights or entering into
obligations.
(cc) Planting of Evidence. The willful act by any person of maliciously and
surreptitiously inserting, placing, adding or attaching directly or indirectly, through any
overt or covert act, whatever quantity of any dangerous drug and/or controlled precursor
and essential chemical in the person, house, effects or in the immediate vicinity of an
innocent individual for the purpose of implicating, incriminating or imputing the
commission of any violation of this Act.
(dd) Practitioner. Any person who is a licensed physician, dentist, chemist, medical
technologist, nurse, midwife, veterinarian or pharmacist in the Philippines.
(ee) Protector/Coddler. Any person who knowingly and willfully consents to the
unlawful acts provided for in this Act and uses his/her influence, power or position in
shielding, harboring, screening or facilitating the escape of any person he/she knows, or
has reasonable grounds to believe on or suspects, has violated the provisions of this Act
in order to prevent the arrest, prosecution and conviction of the violator.
(ff) Pusher. Any person who sells, trades, administers, dispenses, delivers or gives away
to another, on any terms whatsoever, or distributes, dispatches in transit or transports
dangerous drugs or who acts as a broker in any of such transactions, in violation of this
Act.
(gg) School. Any educational institution, private or public, undertaking educational

operation for pupils/students pursuing certain studies at defined levels, receiving
instructions from teachers, usually located in a building or a group of buildings in a
particular physical or cyber site.
(hh) Screening Test. A rapid test performed to establish potential/presumptive positive

result.
(ii) Sell. Any act of giving away any dangerous drug and/or controlled precursor and
essential chemical whether for money or any other consideration.
(jj) Trading. Transactions involving the illegal trafficking of dangerous drugs and/or
controlled precursors and essential chemicals using electronic devices such as, but not
limited to, text messages, email, mobile or landlines, two-way radios, internet, instant
messengers and chat rooms or acting as a broker in any of such transactions whether for
money or any other consideration in violation of this Act.
(kk) Use. Any act of injecting, intravenously or intramuscularly, of consuming, either

by chewing, smoking, sniffing, eating, swallowing, drinking or otherwise introducing
into the physiological system of the body, and of the dangerous drugs.
ARTICLE II
Unlawful Acts and Penalties
Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential

Chemicals.- .The penalty of life imprisonment to death and a ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed
upon any person, who, unless authorized by law, shall import or bring into the
Philippines any dangerous drug, regardless of the quantity and purity involved, including
any and all species of opium poppy or any part thereof or substances derived therefrom
even for floral, decorative and culinary purposes.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless
authorized by law, shall import any controlled precursor and essential chemical.
The maximum penalty provided for under this Section shall be imposed upon any person,
who, unless authorized under this Act, shall import or bring into the Philippines any
dangerous drug and/or controlled precursor and essential chemical through the use of a
diplomatic passport, diplomatic facilities or any other means involving his/her official
status intended to facilitate the unlawful entry of the same. In addition, the diplomatic
passport shall be confiscated and canceled.
who organizes, manages or acts as a "financier" of any of the illegal activities prescribed
in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a
"protector/coddler" of any violator of the provisions under this Section.
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and

Transportation of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals. - The penalty of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be
imposed upon any person, who, unless authorized by law, shall sell, trade, administer,
dispense, deliver, give away to another, distribute dispatch in transit or transport any
dangerous drug, including any and all species of opium poppy regardless of the quantity
and purity involved, or shall act as a broker in any of such transactions.
authorized by law, shall sell, trade, administer, dispense, deliver, give away to another,
distribute, dispatch in transit or transport any controlled precursor and essential chemical,
or shall act as a broker in such transactions.
If the sale, trading, administration, dispensation, delivery, distribution or transportation of

any dangerous drug and/or controlled precursor and essential chemical transpires within
one hundred (100) meters from the school, the maximum penalty shall be imposed in
every case.
For drug pushers who use minors or mentally incapacitated individuals as runners,
couriers and messengers, or in any other capacity directly connected to the dangerous
drugs and/or controlled precursors and essential chemical trade, the maximum penalty
shall be imposed in every case.
If the victim of the offense is a minor or a mentally incapacitated individual, or should a
dangerous drug and/or a controlled precursor and essential chemical involved in any
offense herein provided be the proximate cause of death of a victim thereof, the
maximum penalty provided for under this Section shall be imposed.
The maximum penalty provided for under this Section shall be imposed upon any person
in this Section.
Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment to

death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00) shall be imposed upon any person or group of persons who shall
maintain a den, dive or resort where any dangerous drug is used or sold in any form.
hundred thousand pesos (P500,000.00) shall be imposed upon any person or group of
persons who shall maintain a den, dive, or resort where any controlled precursor and
essential chemical is used or sold in any form.
The maximum penalty provided for under this Section shall be imposed in every case
where any dangerous drug is administered, delivered or sold to a minor who is allowed to
use the same in such a place.
Should any dangerous drug be the proximate cause of the death of a person using the
same in such den, dive or resort, the penalty of death and a fine ranging from One million
(P1,000,000.00) to Fifteen million pesos (P500,000.00) shall be imposed on the
maintainer, owner and/or operator.
If such den, dive or resort is owned by a third person, the same shall be confiscated and
escheated in favor of the government: Provided, That the criminal complaint shall
specifically allege that such place is intentionally used in the furtherance of the crime:
Provided, further, That the prosecution shall prove such intent on the part of the owner to
use the property for such purpose: Provided, finally, That the owner shall be included as
an accused in the criminal complaint.
The maximum penalty provided for under this Section shall be imposed upon any person
in this Section.
The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler"
of any violator of the provisions under this Section.
Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of

imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a
pesos (P500,000.00) shall be imposed upon:
(a) Any employee of a den, dive or resort, who is aware of the nature of the place
as such; and
(b) Any person who, not being included in the provisions of the next preceding,
paragraph, is aware of the nature of the place as such and shall knowingly visit the
same
Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential

Chemicals. - The penalty of life imprisonment to death and a fine ranging Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed
upon any person, who, unless authorized by law, shall engage in the manufacture of any
dangerous drug.
authorized by law, shall manufacture any controlled precursor and essential chemical.
The presence of any controlled precursor and essential chemical or laboratory equipment
in the clandestine laboratory is a prima facie proof of manufacture of any dangerous
drug. It shall be considered an aggravating circumstance if the clandestine laboratory is
undertaken or established under the following circumstances:
(a) Any phase of the manufacturing process was conducted in the presence or
with the help of minor/s:
(b) Any phase or manufacturing process was established or undertaken within one
hundred (100) meters of a residential, business, church or school premises;
(c) Any clandestine laboratory was secured or protected with booby traps;
(d) Any clandestine laboratory was concealed with legitimate business operations;
or
(e) Any employment of a practitioner, chemical engineer, public official or

foreigner.
in this Section.
Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals.

- The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
authorized by law, shall illegally divert any controlled precursor and essential chemical.
Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other

Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals. - The penalty of imprisonment ranging from twelve (12) years and one (1)
day to twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any
person who shall deliver, possess with intent to deliver, or manufacture with intent to
deliver equipment, instrument, apparatus and other paraphernalia for dangerous drugs,
knowing, or under circumstances where one reasonably should know, that it will be used
to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack, store, contain or conceal any dangerous drug
and/or controlled precursor and essential chemical in violation of this Act.
The penalty of imprisonment ranging from six (6) months and one (1) day to four (4)
years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed if it will be used to inject, ingest, inhale or otherwise
introduce into the human body a dangerous drug in violation of this Act.
who uses a minor or a mentally incapacitated individual to deliver such equipment,
instrument, apparatus and other paraphernalia for dangerous drugs.
Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death
and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall
possess any dangerous drug in the following quantities, regardless of the degree of purity
thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;

(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy",
paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid
diethylamine (LSD), gamma hydroxyamphetamine (GHB), and those similarly
designed or newly introduced drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far beyond therapeutic
requirements, as determined and promulgated by the Board in accordance to
Section 93, Article XI of this Act.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties
shall be graduated as follows:
(1) Life imprisonment and a fine ranging from Four hundred thousand pesos
(P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity of
methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less
than fifty (50) grams;
(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a
fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred
thousand pesos (P500,000.00), if the quantities of dangerous drugs are five (5)
grams or more but less than ten (10) grams of opium, morphine, heroin, cocaine
or cocaine hydrochloride, marijuana resin or marijuana resin oil,
methamphetamine hydrochloride or "shabu", or other dangerous drugs such as,
but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those
similarly designed or newly introduced drugs and their derivatives, without
having any therapeutic value or if the quantity possessed is far beyond therapeutic
requirements; or three hundred (300) grams or more but less than five (hundred)
500) grams of marijuana; and
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a
fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred
thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than
five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil, methamphetamine hydrochloride or
"shabu", or other dangerous drugs such as, but not limited to, MDMA or
"ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly
introduced drugs and their derivatives, without having any therapeutic value or if
the quantity possessed is far beyond therapeutic requirements; or less than three
hundred (300) grams of marijuana.
Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia

for Dangerous Drugs. - The penalty of imprisonment ranging from six (6) months and
one (1) day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to
Fifty thousand pesos (P50,000.00) shall be imposed upon any person, who, unless
authorized by law, shall possess or have under his/her control any equipment, instrument,
apparatus and other paraphernalia fit or intended for smoking, consuming, administering,
injecting, ingesting, or introducing any dangerous drug into the body: Provided, That in
the case of medical practitioners and various professionals who are required to carry such
equipment, instrument, apparatus and other paraphernalia in the practice of their
profession, the Board shall prescribe the necessary implementing guidelines thereof.
The possession of such equipment, instrument, apparatus and other paraphernalia fit or
intended for any of the purposes enumerated in the preceding paragraph shall be prima
facie evidence that the possessor has smoked, consumed, administered to himself/herself,
injected, ingested or used a dangerous drug and shall be presumed to have violated
Section 15 of this Act.
Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings or

Meetings. Any person found possessing any dangerous drug during a party, or at a
social gathering or meeting, or in the proximate company of at least two (2) persons, shall
suffer the maximum penalties provided for in Section 11 of this Act, regardless of the
quantity and purity of such dangerous drugs.
Section 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia

for Dangerous Drugs During Parties, Social Gatherings or Meetings. - The maximum
penalty provided for in Section 12 of this Act shall be imposed upon any person, who
shall possess or have under his/her control any equipment, instrument, apparatus and
other paraphernalia fit or intended for smoking, consuming, administering, injecting,
ingesting, or introducing any dangerous drug into the body, during parties, social
gatherings or meetings, or in the proximate company of at least two (2) persons.
Section 15. Use of Dangerous Drugs. A person apprehended or arrested, who is found
to be positive for use of any dangerous drug, after a confirmatory test, shall be imposed a
penalty of a minimum of six (6) months rehabilitation in a government center for the first
offense, subject to the provisions of Article VIII of this Act. If apprehended using any
dangerous drug for the second time, he/she shall suffer the penalty of imprisonment
ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from
Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00):
Provided, That this Section shall not be applicable where the person tested is also found
to have in his/her possession such quantity of any dangerous drug provided for under
Section 11 of this Act, in which case the provisions stated therein shall apply.
Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are
Sources Thereof. - The penalty of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be
imposed upon any person, who shall plant, cultivate or culture marijuana, opium poppy
or any other plant regardless of quantity, which is or may hereafter be classified as a
dangerous drug or as a source from which any dangerous drug may be manufactured or
derived: Provided, That in the case of medical laboratories and medical research centers
which cultivate or culture marijuana, opium poppy and other plants, or materials of such
dangerous drugs for medical experiments and research purposes, or for the creation of
new types of medicine, the Board shall prescribe the necessary implementing guidelines
for the proper cultivation, culture, handling, experimentation and disposal of such plants
and materials.
The land or portions thereof and/or greenhouses on which any of said plants is cultivated
or cultured shall be confiscated and escheated in favor of the State, unless the owner
thereof can prove lack of knowledge of such cultivation or culture despite the exercise of
due diligence on his/her part. If the land involved is part of the public domain, the
maximum penalty provided for under this Section shall be imposed upon the offender.
in this Section.
Section 17. Maintenance and Keeping of Original Records of Transactions on

Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty
of imprisonment ranging from one (1) year and one (1) day to six (6) years and a fine
ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00)
shall be imposed upon any practitioner, manufacturer, wholesaler, importer, distributor,
dealer or retailer who violates or fails to comply with the maintenance and keeping of the
original records of transactions on any dangerous drug and/or controlled precursor and
essential chemical in accordance with Section 40 of this Act.
An additional penalty shall be imposed through the revocation of the license to practice
his/her profession, in case of a practitioner, or of the business, in case of a manufacturer,
seller, importer, distributor, dealer or retailer.
Section 18. Unnecessary Prescription of Dangerous Drugs. The penalty of

imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a
pesos (P500,000.00) and the additional penalty of the revocation of his/her license to
practice shall be imposed upon the practitioner, who shall prescribe any dangerous drug
to any person whose physical or physiological condition does not require the use or in the
dosage prescribed therein, as determined by the Board in consultation with recognized
competent experts who are authorized representatives of professional organizations of
practitioners, particularly those who are involved in the care of persons with severe pain.
Section 19. Unlawful Prescription of Dangerous Drugs. The penalty of life

imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall make or issue a prescription or any other writing
purporting to be a prescription for any dangerous drug.
Section 20. Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful
Act, Including the Properties or Proceeds Derived from the Illegal Trafficking of
Dangerous Drugs and/or Precursors and Essential Chemicals. Every penalty imposed
for the unlawful importation, sale, trading, administration, dispensation, delivery,
distribution, transportation or manufacture of any dangerous drug and/or controlled
precursor and essential chemical, the cultivation or culture of plants which are sources of
dangerous drugs, and the possession of any equipment, instrument, apparatus and other
paraphernalia for dangerous drugs including other laboratory equipment, shall carry with
it the confiscation and forfeiture, in favor of the government, of all the proceeds and
properties derived from the unlawful act, including, but not limited to, money and other
assets obtained thereby, and the instruments or tools with which the particular unlawful
act was committed, unless they are the property of a third person not liable for the
unlawful act, but those which are not of lawful commerce shall be ordered destroyed
without delay pursuant to the provisions of Section 21 of this Act.
After conviction in the Regional Trial Court in the appropriate criminal case filed, the
Court shall immediately schedule a hearing for the confiscation and forfeiture of all the
proceeds of the offense and all the assets and properties of the accused either owned or
held by him or in the name of some other persons if the same shall be found to be
manifestly out of proportion to his/her lawful income: Provided, however, That if the
forfeited property is a vehicle, the same shall be auctioned off not later than five (5) days
upon order of confiscation or forfeiture.
During the pendency of the case in the Regional Trial Court, no property, or income
derived therefrom, which may be confiscated and forfeited, shall be disposed, alienated
or transferred and the same shall be in custodia legis and no bond shall be admitted for
the release of the same.
The proceeds of any sale or disposition of any property confiscated or forfeited under this
Section shall be used to pay all proper expenses incurred in the proceedings for the
confiscation, forfeiture, custody and maintenance of the property pending disposition, as
well as expenses for publication and court costs. The proceeds in excess of the above
expenses shall accrue to the Board to be used in its campaign against illegal drugs.
Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered
Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and
Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. The
PDEA shall take charge and have custody of all dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or
surrendered, for proper disposition in the following manner:
(1) The apprehending team having initial custody and control of the drugs shall,
immediately after seizure and confiscation, physically inventory and photograph
the same in the presence of the accused or the person/s from whom such items
were confiscated and/or seized, or his/her representative or counsel, a
representative from the media and the Department of Justice (DOJ), and any
elected public official who shall be required to sign the copies of the inventory
and be given a copy thereof;
(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs,

plant sources of dangerous drugs, controlled precursors and essential chemicals,
as well as instruments/paraphernalia and/or laboratory equipment, the same shall
be submitted to the PDEA Forensic Laboratory for a qualitative and quantitative
examination;
(3) A certification of the forensic laboratory examination results, which shall be

done under oath by the forensic laboratory examiner, shall be issued within
twenty-four (24) hours after the receipt of the subject item/s: Provided, That when
the volume of the dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals does not allow the completion of
testing within the time frame, a partial laboratory examination report shall be
provisionally issued stating therein the quantities of dangerous drugs still to be
examined by the forensic laboratory: Provided, however, That a final certification
shall be issued on the completed forensic laboratory examination on the same
within the next twenty-four (24) hours;
(4) After the filing of the criminal case, the Court shall, within seventy-two (72)
hours, conduct an ocular inspection of the confiscated, seized and/or surrendered
dangerous drugs, plant sources of dangerous drugs, and controlled precursors and
essential chemicals, including the instruments/paraphernalia and/or laboratory
equipment, and through the PDEA shall within twenty-four (24) hours thereafter
proceed with the destruction or burning of the same, in the presence of the
accused or the person/s from whom such items were confiscated and/or seized, or
his/her representative or counsel, a representative from the media and the DOJ,
civil society groups and any elected public official. The Board shall draw up the
guidelines on the manner of proper disposition and destruction of such item/s
which shall be borne by the offender: Provided, That those item/s of lawful
commerce, as determined by the Board, shall be donated, used or recycled for
legitimate purposes: Provided, further, That a representative sample, duly
weighed and recorded is retained;
(5) The Board shall then issue a sworn certification as to the fact of destruction or
burning of the subject item/s which, together with the representative sample/s in
the custody of the PDEA, shall be submitted to the court having jurisdiction over
the case. In all instances, the representative sample/s shall be kept to a minimum
quantity as determined by the Board;
(6) The alleged offender or his/her representative or counsel shall be allowed to

personally observe all of the above proceedings and his/her presence shall not
constitute an admission of guilt. In case the said offender or accused refuses or
fails to appoint a representative after due notice in writing to the accused or
his/her counsel within seventy-two (72) hours before the actual burning or
destruction of the evidence in question, the Secretary of Justice shall appoint a
member of the public attorney's office to represent the former;
(7) After the promulgation and judgment in the criminal case wherein the
representative sample/s was presented as evidence in court, the trial prosecutor
shall inform the Board of the final termination of the case and, in turn, shall
request the court for leave to turn over the said representative sample/s to the
PDEA for proper disposition and destruction within twenty-four (24) hours from
receipt of the same; and
(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of
this Act, dangerous drugs defined herein which are presently in possession of law
enforcement agencies shall, with leave of court, be burned or destroyed, in the
presence of representatives of the Court, DOJ, Department of Health (DOH) and
the accused/and or his/her counsel, and, b) Pending the organization of the PDEA,
the custody, disposition, and burning or destruction of seized/surrendered
dangerous drugs provided under this Section shall be implemented by the DOH.
Section 22. Grant of Compensation, Reward and Award. The Board shall recommend
to the concerned government agency the grant of compensation, reward and award to any
person providing information and to law enforcers participating in the operation, which
results in the successful confiscation, seizure or surrender of dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and essential chemicals.
Section 23. Plea-Bargaining Provision. Any person charged under any provision of
this Act regardless of the imposable penalty shall not be allowed to avail of the provision
on plea-bargaining.
Section 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers.
Any person convicted for drug trafficking or pushing under this Act, regardless of the
penalty imposed by the Court, cannot avail of the privilege granted by the Probation Law
or Presidential Decree No. 968, as amended.
Section 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an
Offender Under the Influence of Dangerous Drugs. Notwithstanding the provisions of
any law to the contrary, a positive finding for the use of dangerous drugs shall be a
qualifying aggravating circumstance in the commission of a crime by an offender, and the
application of the penalty provided for in the Revised Penal Code shall be applicable.
Section 26. Attempt or Conspiracy. Any attempt or conspiracy to commit the following
unlawful acts shall be penalized by the same penalty prescribed for the commission of the
same as provided under this Act:
(a) Importation of any dangerous drug and/or controlled precursor and essential
chemical;
(b) Sale, trading, administration, dispensation, delivery, distribution and

transportation of any dangerous drug and/or controlled precursor and essential
chemical;
(c) Maintenance of a den, dive or resort where any dangerous drug is used in any
form;
(d) Manufacture of any dangerous drug and/or controlled precursor and essential
chemical; and
(e) Cultivation or culture of plants which are sources of dangerous drugs.
Section 27. Criminal Liability of a Public Officer or Employee for Misappropriation,

Misapplication or Failure to Account for the Confiscated, Seized and/or Surrendered
Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and
Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment Including
the Proceeds or Properties Obtained from the Unlawful Act Committed. The penalty of
life imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00), in addition to absolute perpetual
disqualification from any public office, shall be imposed upon any public officer or
employee who misappropriates, misapplies or fails to account for confiscated, seized or
surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and
essential chemicals, instruments/paraphernalia and/or laboratory equipment including the
proceeds or properties obtained from the unlawful acts as provided for in this Act.
Any elective local or national official found to have benefited from the proceeds of the
trafficking of dangerous drugs as prescribed in this Act, or have received any financial or
material contributions or donations from natural or juridical persons found guilty of
trafficking dangerous drugs as prescribed in this Act, shall be removed from office and
perpetually disqualified from holding any elective or appointive positions in the
government, its divisions, subdivisions, and intermediaries, including government-owned
or controlled corporations.
Section 28. Criminal Liability of Government Officials and Employees. The maximum
penalties of the unlawful acts provided for in this Act shall be imposed, in addition to
absolute perpetual disqualification from any public office, if those found guilty of such
unlawful acts are government officials and employees.
Section 29. Criminal Liability for Planting of Evidence. Any person who is found
guilty of "planting" any dangerous drug and/or controlled precursor and essential
chemical, regardless of quantity and purity, shall suffer the penalty of death.
Section 30. Criminal Liability of Officers of Partnerships, Corporations, Associations or

Other Juridical Entities. In case any violation of this Act is committed by a partnership,
corporation, association or any juridical entity, the partner, president, director, manager,
trustee, estate administrator, or officer who consents to or knowingly tolerates such
violation shall be held criminally liable as a co-principal.
The penalty provided for the offense under this Act shall be imposed upon the partner,
president, director, manager, trustee, estate administrator, or officer who knowingly
authorizes, tolerates or consents to the use of a vehicle, vessel, aircraft, equipment or
other facility, as an instrument in the importation, sale, trading, administration,
dispensation, delivery, distribution, transportation or manufacture of dangerous drugs, or
chemical diversion, if such vehicle, vessel, aircraft, equipment or other instrument is
owned by or under the control or supervision of the partnership, corporation, association
or juridical entity to which they are affiliated.
Section 31. Additional Penalty if Offender is an Alien. In addition to the penalties

prescribed in the unlawful act committed, any alien who violates such provisions of this
Act shall, after service of sentence, be deported immediately without further proceedings,
unless the penalty is death.
Section 32. Liability to a Person Violating Any Regulation Issued by the Board. The
penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years
and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any person found violating any regulation duly
issued by the Board pursuant to this Act, in addition to the administrative sanctions
imposed by the Board.
Section 33. Immunity from Prosecution and Punishment. Notwithstanding the

provisions of Section 17, Rule 119 of the Revised Rules of Criminal Procedure and the
provisions of Republic Act No. 6981 or the Witness Protection, Security and Benefit Act
of 1991, any person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this
Act, who voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13,
and 16, Article II of this Act as well as any violation of the offenses mentioned if
committed by a drug syndicate, or any information leading to the whereabouts, identities
and arrest of all or any of the members thereof; and who willingly testifies against such
persons as described above, shall be exempted from prosecution or punishment for the
offense with reference to which his/her information of testimony were given, and may
plead or prove the giving of such information and testimony in bar of such prosecution:
Provided, That the following conditions concur:
(1) The information and testimony are necessary for the conviction of the persons
described above;
(2) Such information and testimony are not yet in the possession of the State;
(3) Such information and testimony can be corroborated on its material points;
(4) the informant or witness has not been previously convicted of a crime
involving moral turpitude, except when there is no other direct evidence available
for the State other than the information and testimony of said informant or
witness; and
(5) The informant or witness shall strictly and faithfully comply without delay,
any condition or undertaking, reduced into writing, lawfully imposed by the State
as further consideration for the grant of immunity from prosecution and
punishment.
Provided, further, That this immunity may be enjoyed by such informant or witness who
does not appear to be most guilty for the offense with reference to which his/her
information or testimony were given: Provided, finally, That there is no direct evidence
available for the State except for the information and testimony of the said informant or
witness.
Section 34. Termination of the Grant of Immunity. The immunity granted to the
informant or witness, as prescribed in Section 33 of this Act, shall not attach should it
turn out subsequently that the information and/or testimony is false, malicious or made
only for the purpose of harassing, molesting or in any way prejudicing the persons
described in the preceding Section against whom such information or testimony is
directed against. In such case, the informant or witness shall be subject to prosecution and
the enjoyment of all rights and benefits previously accorded him under this Act or any
other law, decree or order shall be deemed terminated.
In case an informant or witness under this Act fails or refuses to testify without just
cause, and when lawfully obliged to do so, or should he/she violate any condition
accompanying such immunity as provided above, his/her immunity shall be removed and
he/she shall likewise be subject to contempt and/or criminal prosecution, as the case may
be, and the enjoyment of all rights and benefits previously accorded him under this Act or
in any other law, decree or order shall be deemed terminated.
In case the informant or witness referred to under this Act falls under the applicability of
this Section hereof, such individual cannot avail of the provisions under Article VIII of
this Act.
Section 35. Accessory Penalties. A person convicted under this Act shall be
disqualified to exercise his/her civil rights such as but not limited to, the rights of parental
authority or guardianship, either as to the person or property of any ward, the rights to
dispose of such property by any act or any conveyance inter vivos, and political rights
such as but not limited to, the right to vote and be voted for. Such rights shall also be
suspended during the pendency of an appeal from such conviction.
ARTICLE III
Dangerous Drugs Test and Record Requirements
Section 36. Authorized Drug Testing. Authorized drug testing shall be done by any
government forensic laboratories or by any of the drug testing laboratories accredited and
monitored by the DOH to safeguard the quality of test results. The DOH shall take steps
in setting the price of the drug test with DOH accredited drug testing centers to further
reduce the cost of such drug test. The drug testing shall employ, among others, two (2)
testing methods, the screening test which will determine the positive result as well as the
type of the drug used and the confirmatory test which will confirm a positive screening
test. Drug test certificates issued by accredited drug testing centers shall be valid for a
one-year period from the date of issue which may be used for other purposes. The
following shall be subjected to undergo drug testing:
(a) Applicants for driver's license. No driver's license shall be issued or renewed
to any person unless he/she presents a certification that he/she has undergone a
mandatory drug test and indicating thereon that he/she is free from the use of
dangerous drugs;
(b) Applicants for firearm's license and for permit to carry firearms outside of
residence. All applicants for firearm's license and permit to carry firearms
outside of residence shall undergo a mandatory drug test to ensure that they are
free from the use of dangerous drugs: Provided, That all persons who by the
nature of their profession carry firearms shall undergo drug testing;
(c) Students of secondary and tertiary schools. Students of secondary and

tertiary schools shall, pursuant to the related rules and regulations as contained in
the school's student handbook and with notice to the parents, undergo a random
drug testing: Provided, That all drug testing expenses whether in public or private
schools under this Section will be borne by the government;
(d) Officers and employees of public and private offices. Officers and
employees of public and private offices, whether domestic or overseas, shall be
subjected to undergo a random drug test as contained in the company's work rules
and regulations, which shall be borne by the employer, for purposes of reducing
the risk in the workplace. Any officer or employee found positive for use of
dangerous drugs shall be dealt with administratively which shall be a ground for
suspension or termination, subject to the provisions of Article 282 of the Labor
Code and pertinent provisions of the Civil Service Law;
(e) Officers and members of the military, police and other law enforcement
agencies. Officers and members of the military, police and other law
enforcement agencies shall undergo an annual mandatory drug test;
(f) All persons charged before the prosecutor's office with a criminal offense
having an imposable penalty of imprisonment of not less than six (6) years and
one (1) day shall have to undergo a mandatory drug test; and
(g) All candidates for public office whether appointed or elected both in the
national or local government shall undergo a mandatory drug test.
In addition to the above stated penalties in this Section, those found to be positive
for dangerous drugs use shall be subject to the provisions of Section 15 of this
Act.
Section 37. Issuance of False or Fraudulent Drug Test Results. Any person authorized,
licensed or accredited under this Act and its implementing rules to conduct drug
examination or test, who issues false or fraudulent drug test results knowingly, willfully
or through gross negligence, shall suffer the penalty of imprisonment ranging from six (6)
years and one (1) day to twelve (12) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00).
An additional penalty shall be imposed through the revocation of the license to practice
his/her profession in case of a practitioner, and the closure of the drug testing center.
Section 38. Laboratory Examination or Test on Apprehended/Arrested Offenders.

Subject to Section 15 of this Act, any person apprehended or arrested for violating the
provisions of this Act shall be subjected to screening laboratory examination or test
within twenty-four (24) hours, if the apprehending or arresting officer has reasonable
ground to believe that the person apprehended or arrested, on account of physical signs or
symptoms or other visible or outward manifestation, is under the influence of dangerous
drugs. If found to be positive, the results of the screening laboratory examination or test
shall be challenged within fifteen (15) days after receipt of the result through a
confirmatory test conducted in any accredited analytical laboratory equipment with a gas
chromatograph/mass spectrometry equipment or some such modern and accepted
method, if confirmed the same shall be prima facie evidence that such person has used
dangerous drugs, which is without prejudice for the prosecution for other violations of the
provisions of this Act: Provided, That a positive screening laboratory test must be
confirmed for it to be valid in a court of law.
Section 39. Accreditation of Drug Testing Centers and Physicians. The DOH shall be
tasked to license and accredit drug testing centers in each province and city in order to
assure their capacity, competence, integrity and stability to conduct the laboratory
examinations and tests provided in this Article, and appoint such technical and other
personnel as may be necessary for the effective implementation of this provision. The
DOH shall also accredit physicians who shall conduct the drug dependency examination
of a drug dependent as well as the after-care and follow-up program for the said drug
dependent. There shall be a control regulations, licensing and accreditation division under
the supervision of the DOH for this purpose.
For this purpose, the DOH shall establish, operate and maintain drug testing centers in
government hospitals, which must be provided at least with basic technologically
advanced equipment and materials, in order to conduct the laboratory examination and
tests herein provided, and appoint such qualified and duly trained technical and other
personnel as may be necessary for the effective implementation of this provision.
Section 40. Records Required for Transactions on Dangerous Drug and Precursors and
Essential Chemicals.
a) Every pharmacist dealing in dangerous drugs and/or controlled precursors and

essential chemicals shall maintain and keep an original record of sales, purchases,
acquisitions and deliveries of dangerous drugs, indicating therein the following
information:
(1) License number and address of the pharmacist;
(2) Name, address and license of the manufacturer, importer or wholesaler

from whom the dangerous drugs have been purchased;
(3) Quantity and name of the dangerous drugs purchased or acquired;
(4) Date of acquisition or purchase;
(5) Name, address and community tax certificate number of the buyer;
(6) Serial number of the prescription and the name of the physician,
dentist, veterinarian or practitioner issuing the same;
(7) Quantity and name of the dangerous drugs sold or delivered; and
(8) Date of sale or delivery.
A certified true copy of such record covering a period of six (6) months, duly
signed by the pharmacist or the owner of the drugstore, pharmacy or chemical
establishment, shall be forwarded to the Board within fifteen (15) days following
the last day of June and December of each year, with a copy thereof furnished the
city or municipal health officer concerned.
(b) A physician, dentist, veterinarian or practitioner authorized to prescribe any
dangerous drug shall issue the prescription therefor in one (1) original and two (2)
duplicate copies. The original, after the prescription has been filled, shall be
retained by the pharmacist for a period of one (1) year from the date of sale or
delivery of such drug. One (1) copy shall be retained by the buyer or by the
person to whom the drug is delivered until such drug is consumed, while the
second copy shall be retained by the person issuing the prescription.
For purposes of this Act, all prescriptions issued by physicians, dentists,

veterinarians or practitioners shall be written on forms exclusively issued by and
obtainable from the DOH. Such forms shall be made of a special kind of paper
and shall be distributed in such quantities and contain such information and other
data as the DOH may, by rules and regulations, require. Such forms shall only be
issued by the DOH through its authorized employees to licensed physicians,
dentists, veterinarians and practitioners in such quantities as the Board may
authorize. In emergency cases, however, as the Board may specify in the public
interest, a prescription need not be accomplished on such forms. The prescribing
physician, dentist, veterinarian or practitioner shall, within three (3) days after
issuing such prescription, inform the DOH of the same in writing. No prescription
once served by the drugstore or pharmacy be reused nor any prescription once
issued be refilled.
(c) All manufacturers, wholesalers, distributors, importers, dealers and retailers of

dangerous drugs and/or controlled precursors and essential chemicals shall keep a
record of all inventories, sales, purchases, acquisitions and deliveries of the same
as well as the names, addresses and licenses of the persons from whom such items
were purchased or acquired or to whom such items were sold or delivered, the
name and quantity of the same and the date of the transactions. Such records may
be subjected anytime for review by the Board.
ARTICLE IV
Participation of the Family, Students, Teachers and School Authorities in the

Enforcement of this Act
Section 41. Involvement of the Family. The family being the basic unit of the Filipino
society shall be primarily responsible for the education and awareness of the members of
the family on the ill effects of dangerous drugs and close monitoring of family members
who may be susceptible to drug abuse.
Section 42. Student Councils and Campus Organizations. All elementary, secondary
and tertiary schools' student councils and campus organizations shall include in their
activities a program for the prevention of and deterrence in the use of dangerous drugs,
and referral for treatment and rehabilitation of students for drug dependence.
Section 43. School Curricula. Instruction on drug abuse prevention and control shall be
integrated in the elementary, secondary and tertiary curricula of all public and private
schools, whether general, technical, vocational or agro-industrial as well as in non-
formal, informal and indigenous learning systems. Such instructions shall include:
(1) Adverse effects of the abuse and misuse of dangerous drugs on the person, the
family, the school and the community;
(2) Preventive measures against drug abuse;
(3) Health, socio-cultural, psychological, legal and economic dimensions and

implications of the drug problem;
(4) Steps to take when intervention on behalf of a drug dependent is needed, as

well as the services available for the treatment and rehabilitation of drug
dependents; and
(5) Misconceptions about the use of dangerous drugs such as, but not limited to,
the importance and safety of dangerous drugs for medical and therapeutic use as
well as the differentiation between medical patients and drug dependents in order
to avoid confusion and accidental stigmatization in the consciousness of the
students.
Section 44. Heads, Supervisors, and Teachers of Schools. For the purpose of enforcing
the provisions of Article II of this Act, all school heads, supervisors and teachers shall be
deemed persons in authority and, as such, are hereby empowered to apprehend, arrest or
cause the apprehension or arrest of any person who shall violate any of the said
provisions, pursuant to Section 5, Rule 113 of the Rules of Court. They shall be deemed
persons in authority if they are in the school or within its immediate vicinity, or even
beyond such immediate vicinity if they are in attendance at any school or class function
in their official capacity as school heads, supervisors, and teachers.
Any teacher or school employee, who discovers or finds that any person in the school or
within its immediate vicinity is liable for violating any of said provisions, shall have the
duty to report the same to the school head or immediate superior who shall, in turn, report
the matter to the proper authorities.
Failure to do so in either case, within a reasonable period from the time of discovery of
the violation shall, after due hearing, constitute sufficient cause for disciplinary action by
the school authorities.
Section 45. Publication and Distribution of Materials on Dangerous Drugs. With the
assistance of the Board, the Secretary of the Department of Education (DepEd), the
Chairman of the Commission on Higher Education (CHED) and the Director-General of
the Technical Education and Skills Development Authority (TESDA) shall cause the
development, publication and distribution of information and support educational
materials on dangerous drugs to the students, the faculty, the parents, and the community.
Section 46. Special Drug Education Center. With the assistance of the Board, the
Department of the Interior and Local Government (DILG), the National Youth
Commission (NYC), and the Department of Social Welfare and Development (DSWD)
shall establish in each of its provincial office a special education drug center for out-of-
school youth and street children. Such Center which shall be headed by the Provincial
Social. Welfare Development Officer shall sponsor drug prevention programs and
activities and information campaigns with the end in view of educating the out-of-school
youth and street children regarding the pernicious effects of drug abuse. The programs
initiated by the Center shall likewise be adopted in all public and private orphanage and
existing special centers for street children.
ARTICLE V
Promotion of a National Drug-Free Workplace Program With the Participation of

Private and Labor Sectors and the Department of Labor and Employment
Section 47. Drug-Free Workplace. It is deemed a policy of the State to promote drug-
free workplaces using a tripartite approach. With the assistance of the Board, the
Department of Labor and Employment (DOLE) shall develop, promote and implement a
national drug abuse prevention program in the workplace to be adopted by private
companies with ten (10) or more employees. Such program shall include the mandatory
drafting and adoption of company policies against drug use in the workplace in close
consultation and coordination with the DOLE, labor and employer organizations, human
resource development managers and other such private sector organizations.
Section 48. Guidelines for the National Drug-Free Workplace Program. The Board
and the DOLE shall formulate the necessary guidelines for the implementation of the
national drug-free workplace program. The amount necessary for the implementation of
which shall be included in the annual General Appropriations Act.
ARTICLE VI
Participation of the Private and Labor Sectors in the Enforcement of this Act
Section 49. Labor Organizations and the Private Sector. All labor unions, federations,
associations, or organizations in cooperation with the respective private sector partners
shall include in their collective bargaining or any similar agreements, joint continuing
programs and information campaigns for the laborers similar to the programs provided
under Section 47 of this Act with the end in view of achieving a drug free workplace.
Section 50. Government Assistance. The labor sector and the respective partners may,
in pursuit of the programs mentioned in the preceding Section, secure the technical
assistance, such as but not limited to, seminars and information dissemination campaigns
of the appropriate government and law enforcement agencies.
ARTICLE VII
Participation of Local Government Units
Section 51. Local Government Units' Assistance. Local government units shall
appropriate a substantial portion of their respective annual budgets to assist in or enhance
the enforcement of this Act giving priority to preventive or educational programs and the
rehabilitation or treatment of drug dependents.
Section 52. Abatement of Drug Related Public Nuisances. Any place or premises which
have been used on two or more occasions as the site of the unlawful sale or delivery of
dangerous drugs may be declared to be a public nuisance, and such nuisance may be
abated, pursuant to the following procedures:
(1) Any city or municipality may, by ordinance, create an administrative board to

hear complaints regarding the nuisances;
(2) any employee, officer, or resident of the city or municipality may bring a
complaint before the Board after giving not less than three (3) days written notice
of such complaint to the owner of the place or premises at his/her last known
address; and
(3) After hearing in which the Board may consider any evidence, including
evidence of the general reputation of the place or premises, and at which the
owner of the premises shall have an opportunity to present evidence in his/her
defense, the Board may declare the place or premises to be a public nuisance.
Section 53. Effect of Board Declaration. If the Board declares a place or premises to be
a public nuisance, it may declare an order immediately prohibiting the conduct,
operation, or maintenance of any business or activity on the premises which is conducive
to such nuisance.
An order entered under this Section shall expire after one (1) year or at such earlier time
as stated in the order. The Board may bring a complaint seeking a permanent injunction
against any nuisance described under this Section.
This Article does not restrict the right of any person to proceed under the Civil Code
against any public nuisance.
ARTICLE VIII
Program for Treatment and Rehabilitation of Drug Dependents

Section 54. Voluntary Submission of a Drug Dependent to Confinement, Treatment and
Rehabilitation. A drug dependent or any person who violates Section 15 of this Act
may, by himself/herself or through his/her parent, spouse, guardian or relative within the
fourth degree of consanguinity or affinity, apply to the Board or its duly recognized
representative, for treatment and rehabilitation of the drug dependency. Upon such
application, the Board shall bring forth the matter to the Court which shall order that the
applicant be examined for drug dependency. If the examination by a DOH-accredited
physician results in the issuance of a certification that the applicant is a drug dependent,
he/she shall be ordered by the Court to undergo treatment and rehabilitation in a Center
designated by the Board for a period of not less than six (6) months: Provided, That a
drug dependent may be placed under the care of a DOH-accredited physician where there
is no Center near or accessible to the residence of the drug dependent or where said drug
dependent is below eighteen (18) years of age and is a first-time offender and non-
confinement in a Center will not pose a serious danger to his/her family or the
community.
Confinement in a Center for treatment and rehabilitation shall not exceed one (1) year,
after which time the Court, as well as the Board, shall be apprised by the head of the
treatment and rehabilitation center of the status of said drug dependent and determine
whether further confinement will be for the welfare of the drug dependent and his/her
family or the community.
Section 55. Exemption from the Criminal Liability Under the Voluntary Submission
Program. A drug dependent under the voluntary submission program, who is finally
discharged from confinement, shall be exempt from the criminal liability under Section
15 of this act subject to the following conditions:
(1) He/she has complied with the rules and regulations of the center, the
applicable rules and regulations of the Board, including the after-care and follow-
up program for at least eighteen (18) months following temporary discharge from
confinement in the Center or, in the case of a dependent placed under the care of
the DOH-accredited physician, the after-care program and follow-up schedule
formulated by the DSWD and approved by the Board: Provided, That capability-
building of local government social workers shall be undertaken by the DSWD;
(2) He/she has never been charged or convicted of any offense punishable under
this Act, the Dangerous Drugs Act of 1972 or Republic Act No. 6425, as
amended; the Revised Penal Code, as amended; or any special penal laws;
(3) He/she has no record of escape from a Center: Provided, That had he/she
escaped, he/she surrendered by himself/herself or through his/her parent, spouse,
guardian or relative within the fourth degree of consanguinity or affinity, within
one (1) week from the date of the said escape; and
(4) He/she poses no serious danger to himself/herself, his/her family or the

community by his/her exemption from criminal liability.
Section 56. Temporary Release From the Center; After-Care and Follow-Up Treatment
Under the Voluntary Submission Program. Upon certification of the Center that the
drug dependent within the voluntary submission program may be temporarily released,
the Court shall order his/her release on condition that said drug dependent shall report to
the DOH for after-care and follow-up treatment, including urine testing, for a period not
exceeding eighteen (18) months under such terms and conditions that the Court may
impose.
If during the period of after-care and follow-up, the drug dependent is certified to be
rehabilitated, he/she may be discharged by the Court, subject to the provisions of Section
55 of this Act, without prejudice to the outcome of any pending case filed in court.
However, should the DOH find that during the initial after-care and follow-up program of
eighteen (18) months, the drug dependent requires further treatment and rehabilitation in
the Center, he/she shall be recommitted to the Center for confinement. Thereafter, he/she
may again be certified for temporary release and ordered released for another after-care
and follow-up program pursuant to this Section.
Section 57. Probation and Community Service Under the Voluntary Submission
Program. A drug dependent who is discharged as rehabilitated by the DOH-accredited
Center through the voluntary submission program, but does not qualify for exemption
from criminal liability under Section 55 of this Act, may be charged under the provisions
of this Act, but shall be placed on probation and undergo a community service in lieu of
imprisonment and/or fine in the discretion of the court, without prejudice to the outcome
of any pending case filed in court.
Such drug dependent shall undergo community service as part of his/her after-care and
follow-up program, which may be done in coordination with nongovernmental civil
organizations accredited by the DSWD, with the recommendation of the Board.
Section 58. Filing of Charges Against a Drug Dependent Who is Not Rehabilitated
Under the Voluntary Submission Program. A drug dependent, who is not rehabilitated
after the second commitment to the Center under the voluntary submission program,
shall, upon recommendation of the Board, be charged for violation of Section 15 of this
Act and prosecuted like any other offender. If convicted, he/she shall be credited for the
period of confinement and rehabilitation in the Center in the service of his/her sentence.
Section 59. Escape and Recommitment for Confinement and Rehabilitation Under the
Voluntary Submission Program. Should a drug dependent under the voluntary
submission program escape from the Center, he/she may submit himself/herself for
recommitment within one (1) week therefrom, or his/her parent, spouse, guardian or
relative within the fourth degree of consanguinity or affinity may, within said period,
surrender him for recommitment, in which case the corresponding order shall be issued
by the Board.
Should the escapee fail to submit himself/herself or be surrendered after one (1) week,
the Board shall apply to the court for a recommitment order upon proof of previous
commitment or his/her voluntary submission by the Board, the court may issue an order
for recommitment within one (1) week.
If, subsequent to a recommitment, the dependent once again escapes from confinement,
he/she shall be charged for violation of Section 15 of this Act and he subjected under
section 61 of this Act, either upon order of the Board or upon order of the court, as the
case may be.
Section 60. Confidentiality of Records Under the Voluntary Submission Program.

Judicial and medical records of drug dependents under the voluntary submission program
shall be confidential and shall not be used against him for any purpose, except to
determine how many times, by himself/herself or through his/her parent, spouse, guardian
or relative within the fourth degree of consanguinity or affinity, he/she voluntarily
submitted himself/herself for confinement, treatment and rehabilitation or has been
committed to a Center under this program.
Section 61. Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under
the Voluntary Submission Program. Notwithstanding any law, rule and regulation to the
contrary, any person determined and found to be dependent on dangerous drugs shall,
upon petition by the Board or any of its authorized representative, be confined for
treatment and rehabilitation in any Center duly designated or accredited for the purpose.
A petition for the confinement of a person alleged to be dependent on dangerous drugs to

a Center may be filed by any person authorized by the Board with the Regional Trial
Court of the province or city where such person is found.
After the petition is filed, the court, by an order, shall immediately fix a date for the
hearing, and a copy of such order shall be served on the person alleged to be dependent
on dangerous drugs, and to the one having charge of him.
If after such hearing and the facts so warrant, the court shall order the drug dependent to
be examined by two (2) physicians accredited by the Board. If both physicians conclude
that the respondent is not a drug dependent, the court shall order his/her discharge. If
either physician finds him to be a dependent, the court shall conduct a hearing and
consider all relevant evidence which may be offered. If the court finds him a drug
dependent, it shall issue an order for his/her commitment to a treatment and rehabilitation
center under the supervision of the DOH. In any event, the order of discharge or order of
confinement or commitment shall be issued not later than fifteen (15) days from the filing
of the appropriate petition.
Section 62. Compulsory Submission of a Drug Dependent Charged with an Offense to

Treatment and Rehabilitation. If a person charged with an offense where the imposable
penalty is imprisonment of less than six (6) years and one (1) day, and is found by the
prosecutor or by the court, at any stage of the proceedings, to be a drug dependent, the
prosecutor or the court as the case may be, shall suspend all further proceedings and
transmit copies of the record of the case to the Board.
In the event he Board determines, after medical examination, that public interest requires
that such drug dependent be committed to a center for treatment and rehabilitation, it
shall file a petition for his/her commitment with the regional trial court of the province or
city where he/she is being investigated or tried: Provided, That where a criminal case is
pending in court, such petition shall be filed in the said court. The court shall take judicial
notice of the prior proceedings in the case and shall proceed to hear the petition. If the
court finds him to be a drug dependent, it shall order his/her commitment to a Center for
treatment and rehabilitation. The head of said Center shall submit to the court every four
(4) months, or as often as the court may require, a written report on the progress of the
treatment. If the dependent is rehabilitated, as certified by the center and the Board,
he/she shall be returned to the court, which committed him, for his/her discharge
therefrom.
Thereafter, his/her prosecution for any offense punishable by law shall be instituted or
shall continue, as the case may be. In case of conviction, the judgment shall, if the
accused is certified by the treatment and rehabilitation center to have maintained good
behavior, indicate that he/she shall be given full credit for the period he/she was confined
in the Center: Provided, however, That when the offense is for violation of Section 15 of
this Act and the accused is not a recidivist, the penalty thereof shall be deemed to have
been served in the Center upon his/her release therefrom after certification by the Center
and the Board that he/she is rehabilitated.
Section 63. Prescription of the Offense Charged Against a Drug Dependent Under the
Compulsory Submission Program. The period of prescription of the offense charged
against a drug dependent under the compulsory submission program shall not run during
the time that the drug dependent is under confinement in a Center or otherwise under the
treatment and rehabilitation program approved by the Board.
Upon certification of the Center that he/she may temporarily be discharged from the said
Center, the court shall order his/her release on condition that he/she shall report to the
Board through the DOH for after-care and follow-up treatment for a period not exceeding
eighteen (18) months under such terms and conditions as may be imposed by the Board.
If at anytime during the after-care and follow-up period, the Board certifies to his/her
complete rehabilitation, the court shall order his/her final discharge from confinement
and order for the immediate resumption of the trial of the case for which he/she is
originally charged. Should the Board through the DOH find at anytime during the after-
care and follow-up period that he/she requires further treatment and rehabilitation, it shall
report to the court, which shall order his/her recommitment to the Center.
Should the drug dependent, having been committed to a Center upon petition by the
Board escape therefrom, he/she may resubmit himself/herself for confinement within one
(1) week from the date of his/her escape; or his/her parent, spouse, guardian or relative
within the fourth degree of consanguinity or affinity may, within the same period,
surrender him for recommitment. If, however, the drug dependent does not resubmit
himself/herself for confinement or he/she is not surrendered for recommitment, the Board
may apply with the court for the issuance of the recommitment order. Upon proof of
previous commitment, the court shall issue an order for recommitment. If, subsequent to
such recommitment, he/she should escape again, he/she shall no longer be exempt from
criminal liability for use of any dangerous drug.
A drug dependent committed under this particular Section who is finally discharged from
confinement shall be exempt from criminal liability under Section 15 of this Act, without
prejudice to the outcome of any pending case filed in court. On the other hand, a drug
dependent who is not rehabilitated after a second commitment to the Center shall, upon
conviction by the appropriate court, suffer the same penalties provided for under Section
15 of this Act again without prejudice to the outcome of any pending case filed in court.
Section 64. Confidentiality of Records Under the Compulsory Submission Program.

The records of a drug dependent who was rehabilitated and discharged from the Center
under the compulsory submission program, or who was charged for violation of Section
15 of this Act, shall be covered by Section 60 of this Act. However, the records of a drug
dependent who was not rehabilitated, or who escaped but did not surrender
himself/herself within the prescribed period, shall be forwarded to the court and their use
shall be determined by the court, taking into consideration public interest and the welfare
of the drug dependent.
Section 65. Duty of the Prosecutor in the Proceedings. It shall be the duty of the
provincial or the city prosecutor or their assistants or state prosecutors to prepare the
appropriate petition in all proceedings arising from this Act.
Section 66. Suspension of Sentence of a First-Time Minor Offender. An accused who is

over fifteen (15) years of age at the time of the commission of the offense mentioned in
Section 11 of this Act, but not more than eighteen (18) years of age at the time when
judgment should have been promulgated after having been found guilty of said offense,
may be given the benefits of a suspended sentence, subject to the following conditions:
(a) He/she has not been previously convicted of violating any provision of this
Act, or of the Dangerous Drugs Act of 1972, as amended; or of the Revised Penal
Code; or of any special penal laws;
(b) He/she has not been previously committed to a Center or to the care of a
DOH-accredited physician; and
(c) The Board favorably recommends that his/her sentence be suspended.
While under suspended sentence, he/she shall be under the supervision and rehabilitative
surveillance of the Board, under such conditions that the court may impose for a period
ranging from six (6) months to eighteen (18) months.
Upon recommendation of the Board, the court may commit the accused under suspended
sentence to a Center, or to the care of a DOH-accredited physician for at least six (6)
months, with after-care and follow-up program for not more than eighteen (18) months.
In the case of minors under fifteen (15) years of age at the time of the commission of any
offense penalized under this Act, Article 192 of Presidential Decree No. 603, otherwise
known as the Child and Youth Welfare Code, as amended by Presidential Decree No.
1179 shall apply, without prejudice to the application of the provisions of this Section.
Section 67. Discharge After Compliance with Conditions of Suspended Sentence of a

First-Time Minor Offender. If the accused first time minor offender under suspended
sentence complies with the applicable rules and regulations of the Board, including
confinement in a Center, the court, upon a favorable recommendation of the Board for the
final discharge of the accused, shall discharge the accused and dismiss all proceedings.
Upon the dismissal of the proceedings against the accused, the court shall enter an order
to expunge all official records, other than the confidential record to be retained by the
DOJ relating to the case. Such an order, which shall be kept confidential, shall restore the
accused to his/her status prior to the case. He/she shall not be held thereafter to be guilty
of perjury or of concealment or misrepresentation by reason of his/her failure to
acknowledge the case or recite any fact related thereto in response to any inquiry made of
him for any purpose.
Section 68. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time

Minor Offender. The privilege of suspended sentence shall be availed of only once by
an accused drug dependent who is a first-time offender over fifteen (15) years of age at
the time of the commission of the violation of Section 15 of this Act but not more than
eighteen (18) years of age at the time when judgment should have been promulgated.
Section 69. Promulgation of Sentence for First-Time Minor Offender. If the accused
first-time minor offender violates any of the conditions of his/her suspended sentence, the
applicable rules and regulations of the Board exercising supervision and rehabilitative
surveillance over him, including the rules and regulations of the Center should
confinement be required, the court shall pronounce judgment of conviction and he/she
shall serve sentence as any other convicted person.
Section 70. Probation or Community Service for a First-Time Minor Offender in Lieu of
Imprisonment. Upon promulgation of the sentence, the court may, in its discretion,
place the accused under probation, even if the sentence provided under this Act is higher
than that provided under existing law on probation, or impose community service in lieu
of imprisonment. In case of probation, the supervision and rehabilitative surveillance
shall be undertaken by the Board through the DOH in coordination with the Board of
Pardons and Parole and the Probation Administration. Upon compliance with the
conditions of the probation, the Board shall submit a written report to the court
recommending termination of probation and a final discharge of the probationer,
whereupon the court shall issue such an order.
The community service shall be complied with under conditions, time and place as may
be determined by the court in its discretion and upon the recommendation of the Board
and shall apply only to violators of Section 15 of this Act. The completion of the
community service shall be under the supervision and rehabilitative surveillance of the
Board during the period required by the court. Thereafter, the Board shall render a report
on the manner of compliance of said community service. The court in its discretion may
require extension of the community service or order a final discharge.
In both cases, the judicial records shall be covered by the provisions of Sections 60 and
64 of this Act.
If the sentence promulgated by the court requires imprisonment, the period spent in the
Center by the accused during the suspended sentence period shall be deducted from the
sentence to be served.
Section 71. Records to be kept by the Department of Justice. The DOJ shall keep a
confidential record of the proceedings on suspension of sentence and shall not be used for
any purpose other than to determine whether or not a person accused under this Act is a
first-time minor offender.
Section 72. Liability of a Person Who Violates the Confidentiality of Records. The
penalty of imprisonment ranging from six (6) months and one (1) day to six (6) years and
a fine ranging from One thousand pesos (P1,000.00) to Six thousand pesos (P6,000.00),
shall be imposed upon any person who, having official custody of or access to the
confidential records of any drug dependent under voluntary submission programs, or
anyone who, having gained possession of said records, whether lawfully or not, reveals
their content to any person other than those charged with the prosecution of the offenses
under this Act and its implementation. The maximum penalty shall be imposed, in
addition to absolute perpetual disqualification from any public office, when the offender
is a government official or employee. Should the records be used for unlawful purposes,
such as blackmail of the drug dependent or the members of his/her family, the penalty
imposed for the crime of violation of confidentiality shall be in addition to whatever
crime he/she may be convicted of.
Section 73. Liability of a Parent, Spouse or Guardian Who Refuses to Cooperate with the
Board or any Concerned Agency. Any parent, spouse or guardian who, without valid
reason, refuses to cooperate with the Board or any concerned agency in the treatment and
rehabilitation of a drug dependent who is a minor, or in any manner, prevents or delays
the after-care, follow-up or other programs for the welfare of the accused drug dependent,
whether under voluntary submission program or compulsory submission program, may
be cited for contempt by the court.
Section 74. Cost-Sharing in the Treatment and Rehabilitation of a Drug Dependent.

The parent, spouse, guardian or any relative within the fourth degree of consanguinity of
any person who is confined under the voluntary submission program or compulsory
submission program shall be charged a certain percentage of the cost of his/her treatment
and rehabilitation, the guidelines of which shall be formulated by the DSWD taking into
consideration the economic status of the family of the person confined. The guidelines
therein formulated shall be implemented by a social worker of the local government unit.
Section 75. Treatment and Rehabilitation Centers. The existing treatment and
rehabilitation centers for drug dependents operated and maintained by the NBI and the
PNP shall be operated, maintained and managed by the DOH in coordination with other
concerned agencies. For the purpose of enlarging the network of centers, the Board
through the DOH shall encourage, promote or whenever feasible, assist or support in the
establishment, operations and maintenance of private centers which shall be eligible to
receive grants, donations or subsidy from either government or private sources. It shall
also support the establishment of government-operated regional treatment and
rehabilitation centers depending upon the availability of funds. The national government,
through its appropriate agencies shall give priority funding for the increase of subsidy to
existing government drug rehabilitation centers, and shall establish at least one (1) drug
rehabilitation center in each province, depending on the availability of funds.
Section 76. The Duties and Responsibilities of the Department of health (DOH) Under
this Act. The DOH shall:
(1) Oversee the monitor the integration, coordination and supervision of all drug
rehabilitation, intervention, after-care and follow-up programs, projects and
activities as well as the establishment, operations, maintenance and management
of privately-owned drug treatment rehabilitation centers and drug testing
networks and laboratories throughout the country in coordination with the DSWD
and other agencies;
(2) License, accredit, establish and maintain drug test network and laboratory,
initiate, conduct and support scientific research on drugs and drug control;
(3) Encourage, assist and accredit private centers, promulgate rules and
regulations setting minimum standards for their accreditation to assure their
competence, integrity and stability;
(4) Prescribe and promulgate rules and regulations governing the establishment of
such Centers as it may deem necessary after conducting a feasibility study
thereof;
(5) The DOH shall, without prejudice to the criminal prosecution of those found
guilty of violating this Act, order the closure of a Center for treatment and
rehabilitation of drug dependency when, after investigation it is found guilty of
violating the provisions of this Act or regulations issued by the Board; and
(6) Charge reasonable fees for drug dependency examinations, other medical and
legal services provided to the public, which shall accrue to the Board. All income
derived from these sources shall be part of the funds constituted as special funds
for the implementation of this Act under Section 87.
ARTICLE IX
Dangerous Drugs Board and Philippine Drug Enforcement Agency
Section 77. The Dangerous Drugs Board. The Board shall be the policy-making and
strategy-formulating body in the planning and formulation of policies and programs on
drug prevention and control. It shall develop and adopt a comprehensive, integrated,
unified and balanced national drug abuse prevention and control strategy. It shall be
under the Office of the President.
Section 78. Composition of the Board. The Board shall be composed of seventeen (17)
members wherein three (3) of which are permanent members, the other twelve (12)
members shall be in an ex officio capacity and the two (2) shall be regular members.
The three (3) permanent members, who shall possess at least seven-year training and
experience in the field of dangerous drugs and in any of the following fields: in law,
medicine, criminology, psychology or social work, shall be appointed by the President of
the Philippines. The President shall designate a Chairman, who shall have the rank of a
secretary from among the three (3) permanent members who shall serve for six (6) years.
Of the two (2) other members, who shall both have the rank of undersecretary, one (1)
shall serve for four (4) years and the other for two (2) years. Thereafter, the persons
appointed to succeed such members shall hold office for a term of six (6) years and until
their successors shall have been duly appointed and qualified.
The other twelve (12) members who shall be ex officio members of the Board are the
following:
(1) Secretary of the Department of Justice or his/her representative;
(2) Secretary of the Department of Health or his/her representative;
(3) Secretary of the Department of National Defense or his/her representative;
(4) Secretary of the Department of Finance or his/her representative;
(5) Secretary of the Department of Labor and Employment or his/her

representative;
(6) Secretary of the Department of the Interior and Local Government or his/her
representative;
(7) Secretary of the Department of Social Welfare and Development or his/her

representative;
(8) Secretary of the Department of Foreign Affairs or his/her representative;
(9) Secretary of the Department of Education or his/her representative;
(10) Chairman of the Commission on Higher Education or his/her representative;
(11) Chairman of the National Youth Commission;
(12) Director General of the Philippine Drug Enforcement Agency.
Cabinet secretaries who are members of the Board may designate their duly authorized
and permanent representatives whose ranks shall in no case be lower than undersecretary.
The two (2) regular members shall be as follows:
(a) The president of the Integrated Bar of the Philippines; and
(b) The chairman or president of a non-government organization involved in

dangerous drug campaign to be appointed by the President of the Philippines.
The Director of the NBI and the Chief of the PNP shall be the permanent consultants of
the Board, and shall attend all the meetings of the Board.
All members of the Board as well as its permanent consultants shall receive a per diem
for every meeting actually attended subject to the pertinent budgetary laws, rules and
regulations on compensation, honoraria and allowances: Provided, That where the
representative of an ex officio member or of the permanent consultant of the Board
attends a meeting in behalf of the latter, such representative shall be entitled to receive
the per diem.
Section 79. Meetings of the Board. The Board shall meet once a week or as often as
necessary at the discretion of the Chairman or at the call of any four (4) other members.
The presence of nine (9) members shall constitute a quorum.
Section 80. Secretariat of the Board. The Board shall recommend to the President of
the Philippines the appointment of an Executive Director, with the rank of an
undersecretary, who shall be the Secretary of the Board and administrative officer of its
secretariat, and shall perform such other duties that may be assigned to him/her. He/she
must possess adequate knowledge, training and experience in the field of dangerous
drugs, and in any of the following fields: law enforcement, law, medicine, criminology,
psychology or social work.
Two deputies executive director, for administration and operations, with the ranks of
assistant secretary, shall be appointed by the President upon recommendation of the
Board. They shall possess the same qualifications as those of the executive director. They
shall receive a salary corresponding to their position as prescribed by the Salary
Standardization Law as a Career Service Officer.
The existing secretariat of the Board shall be under the administrative control and
supervision of the Executive Director. It shall be composed of the following divisions,
namely: Policy Studies, Research and Statistics; Preventive Education, Training and
Information; Legal Affairs; and the Administrative and Financial Management.
Section 81. Powers and Duties of the Board. The Board shall:
(a) Formulate, develop and establish a comprehensive, integrated, unified and

balanced national drug use prevention and control strategy;
(b) Promulgate such rules and regulations as may be necessary to carry out the
purposes of this Act, including the manner of safekeeping, disposition, burning or
condemnation of any dangerous drug and/or controlled precursor and essential
chemical under its charge and custody, and prescribe administrative remedies or
sanctions for the violations of such rules and regulations;
(c) Conduct policy studies, program monitoring and evaluations and other
researches on drug prevention, control and enforcement;
(d) Initiate, conduct and support scientific, clinical, social, psychological, physical
and biological researches on dangerous drugs and dangerous drugs prevention and
control measures;
(e) Develop an educational program and information drive on the hazards and
prevention of illegal use of any dangerous drug and/or controlled precursor and
essential chemical based on factual data, and disseminate the same to the general
public, for which purpose the Board shall endeavor to make the general public
aware of the hazards of any dangerous drugs and/or controlled precursor and
essential chemical by providing among others, literature, films, displays or
advertisements and by coordinating with all institutions of learning as well as with
all national and local enforcement agencies in planning and conducting its
educational campaign programs to be implemented by the appropriate
government agencies;
(f) Conduct continuing seminars for, and consultations with, and provide
information materials to judges and prosecutors in coordination with the Office of
the Court Administrator, in the case of judges, and the DOJ, in the case of
prosecutors, which aim to provide them with the current developments and
programs of the Board pertinent to its campaign against dangerous drugs and its
scientific researches on dangerous drugs, its prevention and control measures;
(g) Design special trainings in order to provide law enforcement officers,

members of the judiciary, and prosecutors, school authorities and personnel of
centers with knowledge and know-how in dangerous drugs and/or controlled
precursors and essential chemicals control in coordination with the Supreme
Court to meet the objectives of the national drug control programs;
(h) Design and develop, in consultation and coordination with the DOH, DSWD
and other agencies involved in drugs control, treatment and rehabilitation, both
public and private, a national treatment and rehabilitation program for drug
dependents including a standard aftercare and community service program for
recovering drug dependents;
(i) Design and develop, jointly with the DOLE and in consultation with labor and
employer groups as well as nongovernment organizations a drug abuse prevention
program in the workplace that would include a provision for employee assistance
programs for emotionally-stressed employees;
(j) Initiate and authorize closure proceedings against non-accredited and/or

substandard rehabilitation centers based on verified reports of human rights
violations, subhuman conditions, inadequate medical training and assistance and
excessive fees for implementation by the PDEA;
(k) Prescribe and promulgate rules and regulations governing the establishment of
such centers, networks and laboratories as deemed necessary after conducting a
feasibility study in coordination with the DOH and other government agencies;
(l) Receive, gather, collect and evaluate all information on the importation,
exportation, production, manufacture, sale, stocks, seizures of and the estimated
need for any dangerous drug and/or controlled precursor and essential chemical,
for which purpose the Board may require from any official, instrumentality or
agency of the government or any private person or enterprise dealing in, or
engaged in activities having to do with any dangerous drug and/or controlled
precursors and essential chemicals such data or information as it may need to
implement this Act;
(m) Gather and prepare detailed statistics on the importation, exportation,

manufacture, stocks, seizures of and estimates need for any dangerous drug and/or
controlled precursors and essential chemicals and such other statistical data on
said drugs as may be periodically required by the United Nations Narcotics Drug
Commission, the World Health Organization and other international organizations
in consonance with the country's international commitments;
(n) Develop and maintain international networking coordination with international

drug control agencies and organizations, and implement the provisions of
international conventions and agreements thereon which have been adopted and
approved by the Congress of the Philippines;
(o) Require all government and private hospitals, clinics, doctors, dentists and
other practitioners to submit a report to it, in coordination with the PDEA, about
all dangerous drugs and/or controlled precursors and essential chemicals-related
cases to which they have attended for statistics and research purposes;
(p) Receive in trust legacies, gifts and donations of real and personal properties of
all kinds, to administer and dispose the same when necessary for the benefit of
government and private rehabilitation centers subject to limitations, directions and
instructions from the donors, if any;
(q) Issue guidelines as to the approval or disapproval of applications for voluntary

treatment, rehabilitation or confinement, wherein it shall issue the necessary
guidelines, rules and regulations pertaining to the application and its enforcement;
(r) Formulate guidelines, in coordination with other government agencies, the

importation, distribution, production, manufacture, compounding, prescription,
dispensing and sale of, and other lawful acts in connection with any dangerous
drug, controlled precursors and essential chemicals and other similar or analogous
substances of such kind and in such quantity as it may deem necessary according
to the medical and research needs or requirements of the country including diet
pills containing ephedrine and other addictive chemicals and determine the
quantity and/or quality of dangerous drugs and controlled precursors and essential
chemicals to be imported, manufactured and held in stock at any given time by
authorized importer, manufacturer or distributor of such drugs;
(s) Develop the utilization of a controlled delivery scheme in addressing the

transshipment of dangerous drugs into and out of the country to neutralize
transnational crime syndicates involved in illegal trafficking of any dangerous
drugs and/or controlled precursors and essential chemicals;
(t) Recommend the revocation of the professional license of any practitioner who
is an owner, co-owner, lessee, or in the employ of the drug establishment, or
manager of a partnership, corporation, association, or any juridical entity owning
and/or controlling such drug establishment, and who knowingly participates in, or
consents to, tolerates, or abets the commission of the act of violations as indicated
in the preceding paragraph, all without prejudice to the criminal prosecution of
the person responsible for the said violation;
(u) Appoint such technical, administrative and other personnel as may be

necessary for the effective implementation of this Act, subject to the Civil Service
Law and its rules and regulations;
(v) Establish a regular and continuing consultation with concerned government

agencies and medical professional organizations to determine if balance exists in
policies, procedures, rules and regulations on dangerous drugs and to provide
recommendations on how the lawful use of dangerous drugs can be improved and
facilitated; and
(w) Submit an annual and periodic reports to the President, the Congress of the
Philippines and the Senate and House of Representatives committees concerned
as may be required from time to time, and perform such other functions as may be
authorized or required under existing laws and as directed by the President
himself/herself or as recommended by the congressional committees concerned.
Section 82. Creation of the Philippine Drug Enforcement Agency (PDEA). To carry out
the provisions of this Act, the PDEA, which serves as the implementing arm of the
Board, and shall be responsible for the efficient and effective law enforcement of all the
provisions on any dangerous drug and/or controlled precursor and essential chemical as
provided in this Act.
The PDEA shall be headed by a Director General with the rank of Undersecretary, who
shall be responsible for the general administration and management of the Agency. The
Director General of the PDEA shall be appointed by the President of the Philippines and
shall perform such other duties that may be assigned to him/her. He/she must possess
adequate knowledge, training and experience in the field of dangerous drugs, and in any
of the following fields: law enforcement, law, medicine, criminology, psychology or
social work.
The Director General of the PDEA shall be assisted in the performance of his/her duties
and responsibilities by two (2) deputies director general with the rank of Assistant
Secretary; one for Operations and the other one for Administration. The two (2) deputies
director general shall likewise be appointed by the President of the Philippines upon
recommendation of the Board. The two (2) deputies director general shall possess the
same qualifications as those of the Director General of the PDEA. The Director General
and the two (2) deputies director general shall receive the compensation and salaries as
prescribed by law.
Section 83. Organization of the PDEA. The present Secretariat of the National Drug
Law Enforcement and Prevention Coordinating Center as created by Executive Order No.
61 shall be accordingly modified and absorbed by the PDEA.
The Director General of the PDEA shall be responsible for the necessary changes in the
organizational set-up which shall be submitted to the Board for approval.
For purposes of carrying out its duties and powers as provided for in the succeeding
Section of this Act, the PDEA shall have the following Services, namely: Intelligence and
Investigation; International Cooperation and Foreign Affairs; Preventive Education and
Community Involvement; Plans and Operations; Compliance; Legal and Prosecution;
Administrative and Human Resource; Financial Management; Logistics Management;
and Internal Affairs.
The PDEA shall establish and maintain regional offices in the different regions of the
country which shall be responsible for the implementation of this Act and the policies,
programs, and projects of said agency in their respective regions.
Section 84. Powers and Duties of the PDEA. The PDEA shall:
(a) Implement or cause the efficient and effective implementation of the national
drug control strategy formulated by the Board thereby carrying out a national drug
campaign program which shall include drug law enforcement, control and
prevention campaign with the assistance of concerned government agencies;
(b) Undertake the enforcement of the provisions of Article II of this Act relative
to the unlawful acts and penalties involving any dangerous drug and/or controlled
precursor and essential chemical and investigate all violators and other matters
involved in the commission of any crime relative to the use, abuse or trafficking
of any dangerous drug and/or controlled precursor and essential chemical as
provided for in this Act and the provisions of Presidential Decree No. 1619;
(c) Administer oath, issue subpoena and subpoena duces tecum relative to the
conduct of investigation involving the violations of this Act;
(d) Arrest and apprehend as well as search all violators and seize or confiscate,
the effects or proceeds of the crimes as provided by law and take custody thereof,
for this purpose the prosecutors and enforcement agents are authorized to possess
firearms, in accordance with existing laws;
(e) Take charge and have custody of all dangerous drugs and/or controlled
precursors and essential chemicals seized, confiscated or surrendered to any
national, provincial or local law enforcement agency, if no longer needed for
purposes of evidence in court;
(f) Establish forensic laboratories in each PNP office in every province and city in
order to facilitate action on seize or confiscated drugs, thereby hastening its
destruction without delay;
(g) Recommend to the DOJ the forfeiture of properties and other assets of persons
and/or corporations found to be violating the provisions of this Act and in
accordance with the pertinent provisions of the Anti-Money-Laundering Act of
2001;
(h) Prepare for prosecution or cause the filing of appropriate criminal and civil
cases for violation of all laws on dangerous drugs, controlled precursors and
essential chemicals, and other similar controlled substances, and assist, support
and coordinate with other government agencies for the proper and effective
prosecution of the same;
(i) Monitor and if warranted by circumstances, in coordination with the Philippine
Postal Office and the Bureau of Customs, inspect all air cargo packages, parcels
and mails in the central post office, which appear from the package and address
itself to be a possible importation of dangerous drugs and/or controlled precursors
and essential chemicals, through on-line or cyber shops via the internet or
cyberspace;
(j) Conduct eradication programs to destroy wild or illegal growth of plants from
which dangerous drugs may be extracted;
(k) Initiate and undertake the formation of a nationwide organization which shall
coordinate and supervise all activities against drug abuse in every province, city,
municipality and barangay with the active and direct participation of all such local
government units and nongovernmental organizations, including the citizenry,
subject to the provisions of previously formulated programs of action against
dangerous drugs;
(l) Establish and maintain a national drug intelligence system in cooperation with
law enforcement agencies, other government agencies/offices and local
government units that will assist in its apprehension of big-time drug lords;
(m) Establish and maintain close coordination, cooperation and linkages with
international drug control and administration agencies and organizations, and
implement the applicable provisions of international conventions and agreements
related to dangerous drugs to which the Philippines is a signatory;
(n) Create and maintain an efficient special enforcement unit to conduct an

investigation, file charges and transmit evidence to the proper court, wherein
members of the said unit shall possess suitable and adequate firearms for their
protection in connection with the performance of their duties: Provided, That no
previous special permit for such possession shall be required;
(o) Require all government and private hospitals, clinics, doctors, dentists and
other practitioners to submit a report to it, in coordination with the Board, about
all dangerous drugs and/or controlled precursors and essential chemicals which
they have attended to for data and information purposes;
(p) Coordinate with the Board for the facilitation of the issuance of necessary
guidelines, rules and regulations for the proper implementation of this Act;
(q) Initiate and undertake a national campaign for drug prevention and drug
control programs, where it may enlist the assistance of any department, bureau,
office, agency or instrumentality of the government, including government-owned
and or controlled corporations, in the anti-illegal drugs drive, which may include
the use of their respective personnel, facilities, and resources for a more resolute
detection and investigation of drug-related crimes and prosecution of the drug
traffickers; and
(r) Submit an annual and periodic reports to the Board as may be required from
time to time, and perform such other functions as may be authorized or required
under existing laws and as directed by the President himself/herself or as
recommended by the congressional committees concerned.
Section 85. The PDEA Academy. Upon the approval of the Board, the PDEA Academy
shall be established either in Baguio or Tagaytay City, and in such other places as may be
necessary. The PDEA Academy shall be responsible in the recruitment and training of all
PDEA agents and personnel. The Board shall provide for the qualifications and
requirements of its recruits who must be at least twenty-one (21) years old, of proven
integrity and honesty and a Baccalaureate degree holder.
The graduates of the Academy shall later comprise the operating units of the PDEA after
the termination of the transition period of five (5) years during which all the intelligence
network and standard operating procedures of the PDEA has been set up and
operationalized.
The Academy shall be headed by a Superintendent, with the rank of Director. He/she
shall be appointed by the PDEA Director General.
Section 86. Transfer, Absorption, and Integration of All Operating Units on Illegal
Drugs into the PDEA and Transitory Provisions. The Narcotics Group of the PNP, the
Narcotics Division of the NBI and the Customs Narcotics Interdiction Unit are hereby
abolished; however they shall continue with the performance of their task as detail
service with the PDEA, subject to screening, until such time that the organizational
structure of the Agency is fully operational and the number of graduates of the PDEA
Academy is sufficient to do the task themselves: Provided, That such personnel who are
affected shall have the option of either being integrated into the PDEA or remain with
their original mother agencies and shall, thereafter, be immediately reassigned to other
units therein by the head of such agencies. Such personnel who are transferred, absorbed
and integrated in the PDEA shall be extended appointments to positions similar in rank,
salary, and other emoluments and privileges granted to their respective positions in their
original mother agencies.
The transfer, absorption and integration of the different offices and units provided for in
this Section shall take effect within eighteen (18) months from the effectivity of this Act:
Provided, That personnel absorbed and on detail service shall be given until five (5) years
to finally decide to join the PDEA.
Nothing in this Act shall mean a diminution of the investigative powers of the NBI and
the PNP on all other crimes as provided for in their respective organic laws: Provided,
however, That when the investigation being conducted by the NBI, PNP or any ad hoc
anti-drug task force is found to be a violation of any of the provisions of this Act, the
PDEA shall be the lead agency. The NBI, PNP or any of the task force shall immediately
transfer the same to the PDEA: Provided, further, That the NBI, PNP and the Bureau of
Customs shall maintain close coordination with the PDEA on all drug related matters.
ARTICLE X
Appropriations, Management of Funds and Annual Report
Section 87. Appropriations. The amount necessary for the operation of the Board and
the PDEA shall be charged against the current year's appropriations of the Board, the
National Drug Law Enforcement and Prevention Coordinating Center, the Narcotics
Group of the PNP, the Narcotics Division of the NBI and other drug abuse units of the
different law enforcement agencies integrated into the PDEA in order to carry out the
provisions of this Act. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the annual General Appropriations Act.
All receipts derived from fines, fees and other income authorized and imposed in this
Act, including ten percent (10%) of all unclaimed and forfeited sweepstakes and lotto
prizes but not less than twelve million pesos (P12,000,000.00) per year from the
Philippine Charity Sweepstakes Office (PCSO), are hereby constituted as a special
account in the general fund for the implementation of this Act: Provided, That no amount
shall be disbursed to cover the operating expenses of the Board and other concerned
agencies: Provided, further, That at least fifty percent (50%) of all the funds shall be
reserved for assistance to government-owned and/or operated rehabilitation centers.
The fines shall be remitted to the Board by the court imposing such fines within thirty
(30) days from the finality of its decisions or orders. The unclaimed and forfeited prizes
shall be turned over to the Board by the PCSO within thirty (30) days after these are
collected and declared forfeited.
A portion of the funds generated by the Philippine Amusement and Gaming Corporation
(PAGCOR) in the amount of Five million pesos (P5,000,000.00) a month shall be set
aside for the purpose of establishing adequate drug rehabilitation centers in the country
and also for the maintenance and operations of such centers: Provided, That the said
amount shall be taken from the fifty percent (50%) share of the National Government in
the income of PAGCOR: Provided, further, That the said amount shall automatically be
remitted by PAGCOR to the Board. The amount shall, in turn, be disbursed by the
Dangerous Drugs Board, subject to the rules and regulations of the Commission on Audit
(COA).
The fund may be augmented by grants, donations, and endowment from various sources,
domestic or foreign, for purposes related to their functions, subject to the existing
guidelines set by the government.
Section 88. Management of Funds Under this Act; Annual Report by the Board and the
PDEA. The Board shall manage the funds as it may deem proper for the attainment of
the objectives of this Act. In addition to the periodic reports as may be required under this
Act, the Chairman of the Board shall submit to the President of the Philippines and to the
presiding officers of both houses of Congress, within fifteen (15) days from the opening
of the regular session, an annual report on the dangerous drugs situation in the country
which shall include detailed account of the programs and projects undertaken, statistics
on crimes related to dangerous drugs, expenses incurred pursuant to the provisions of this
Act, recommended remedial legislation, if needed, and such other relevant facts as it may
deem proper to cite.
Section 89. Auditing the Accounts and Expenses of the Board and the PDEA. All
accounts and expenses of the Board and the PDEA shall be audited by the COA or its
duly authorized representative.
ARTICLE XI
Jurisdiction Over Dangerous Drugs Cases
Section 90. Jurisdiction. The Supreme Court shall designate special courts from among
the existing Regional Trial Courts in each judicial region to exclusively try and hear cases
involving violations of this Act. The number of courts designated in each judicial region
shall be based on the population and the number of cases pending in their respective
jurisdiction.
The DOJ shall designate special prosecutors to exclusively handle cases involving
violations of this Act.
The preliminary investigation of cases filed under this Act shall be terminated within a
period of thirty (30) days from the date of their filing.
When the preliminary investigation is conducted by a public prosecutor and a probable

cause is established, the corresponding information shall be filed in court within twenty-
four (24) hours from the termination of the investigation. If the preliminary investigation
is conducted by a judge and a probable cause is found to exist, the corresponding
information shall be filed by the proper prosecutor within forty-eight (48) hours from the
date of receipt of the records of the case.
Trial of the case under this Section shall be finished by the court not later than sixty (60)
days from the date of the filing of the information. Decision on said cases shall be
rendered within a period of fifteen (15) days from the date of submission of the case for
resolution.
Section 91. Responsibility and Liability of Law Enforcement Agencies and other
Government Officials and Employees in Testifying as Prosecution Witnesses in
Dangerous Drugs Cases. Any member of law enforcement agencies or any other
government official and employee who, after due notice, fails or refuses intentionally or
negligently, to appear as a witness for the prosecution in any proceedings, involving
violations of this Act, without any valid reason, shall be punished with imprisonment of
not less than twelve (12) years and one (1) day to twenty (20) years and a fine of not less
than Five hundred thousand pesos (P500,000.00), in addition to the administrative
liability he/she may be meted out by his/her immediate superior and/or appropriate body.
The immediate superior of the member of the law enforcement agency or any other
government employee mentioned in the preceding paragraph shall be penalized with
imprisonment of not less than two (2) months and one (1) day but not more than six (6)
years and a fine of not less than Ten thousand pesos (P10,000.00) but not more than Fifty
thousand pesos (P50,000.00) and in addition, perpetual absolute disqualification from
public office if despite due notice to them and to the witness concerned, the former does
not exert reasonable effort to present the latter to the court.
The member of the law enforcement agency or any other government employee
mentioned in the preceding paragraphs shall not be transferred or re-assigned to any other
government office located in another territorial jurisdiction during the pendency of the
case in court. However, the concerned member of the law enforcement agency or
government employee may be transferred or re-assigned for compelling reasons:
Provided, That his/her immediate superior shall notify the court where the case is
pending of the order to transfer or re-assign, within twenty-four (24) hours from its
approval; Provided, further, That his/her immediate superior shall be penalized with
imprisonment of not less than two (2) months and one (1) day but not more than six (6)
years and a fine of not less than Ten thousand pesos (P10,000.00) but not more than Fifty
thousand pesos (P50,000.00) and in addition, perpetual absolute disqualification from
public office, should he/she fail to notify the court of such order to transfer or re-assign.
Prosecution and punishment under this Section shall be without prejudice to any liability
for violation of any existing law.
Section 92. Delay and Bungling in the Prosecution of Drug Cases. Any government
officer or employee tasked with the prosecution of drug-related cases under this act, who,
through patent laxity, inexcusable neglect, unreasonable delay or deliberately causes the
unsuccessful prosecution and/or dismissal of the said drug cases, shall suffer the penalty
of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
without prejudice to his/her prosecution under the pertinent provisions of the Revised
Penal Code.
Section 93. Reclassification, Addition or Removal of Any Drug from the List of
Dangerous Drugs. The Board shall have the power to reclassify, add to or remove from
the list of dangerous drugs. Proceedings to reclassify, add, or remove a drug or other
substance may be initiated by the PDEA, the DOH, or by petition from any interested
party, including the manufacturer of a drug, a medical society or association, a pharmacy
association, a public interest group concerned with drug abuse, a national or local
government agency, or an individual citizen. When a petition is received by the Board, it
shall immediately begin its own investigation of the drug. The PDEA also may begin an
investigation of a drug at any time based upon the information received from law
enforcement laboratories, national and local law enforcement and regulatory agencies, or
other sources of information.
The Board after notice and hearing shall consider the following factors with respect to
each substance proposed to be reclassified, added or removed from control:
(a) Its actual or relative potential for abuse;
(b) Scientific evidence of its pharmacological effect if known;
(c) The state of current scientific knowledge regarding the drug or other
substance;
(d) Its history and current pattern of abuse;
(e) The scope, duration, and significance of abuse;
(f) Risk to public health; and
(g) Whether the substance is an immediate precursor of a substance already

controlled under this Act.
The Board shall also take into accord the obligations and commitments to international
treaties, conventions and agreements to which the Philippines is a signatory.
The Dangerous Drugs Board shall give notice to the general public of the public hearing
of the reclassification, addition to or removal from the list of any drug by publishing such
notice in any newspaper of general circulation once a week for two (2) weeks.
The effect of such reclassification, addition or removal shall be as follows:
(a) In case a dangerous drug is reclassified as precursors and essential chemicals,

the penalties for the violations of this Act involving the two latter categories of
drugs shall, in case of conviction, be imposed in all pending criminal
prosecutions;
(b) In case a precursors and essential chemicals is reclassified as dangerous drug,

the penalties for violations of the Act involving precursors and essential
chemicals shall, in case of conviction, be imposed in all pending criminal
prosecutions;
(c) In case of the addition of a new drug to the list of dangerous drugs and
precursors and essential chemicals, no criminal liability involving the same under
this Act shall arise until after the lapse of fifteen (15) days from the last
publication of such notice;
(d) In case of removal of a drug from the list of dangerous drugs and precursors
and essential chemicals, all persons convicted and/or detained for the use and/or
possession of such a drug shall be automatically released and all pending criminal
prosecution involving such a drug under this Act shall forthwith be dismissed; and
(e) The Board shall, within five (5) days from the date of its promulgation submit
to Congress a detailed reclassification, addition, or removal of any drug from the
list of dangerous drugs.
ARTICLE XII
Implementing Rules and Regulations
Section 94. Implementing Rules and Regulations. The present Board in consultation
with the DOH, DILG, DOJ, DepEd, DSWD, DOLE, PNP, NBI, PAGCOR and the PCSO
and all other concerned government agencies shall promulgate within sixty (60) days the
Implementing Rules and Regulations that shall be necessary to implement the provisions
of this Act.
ARTICLE XIII
Final Provisions
Section 95. Congressional Oversight Committee. There is hereby created a

Congressional Oversight Committee composed of seven (7) Members from the Senate
and seven (7) Members from the House of Representatives. The Members from the
Senate shall be appointed by the Senate President based on the proportional
representation of the parties or coalitions therein with at least two (2) Senators
representing the Minority. The Members from the House of Representatives shall be
appointed by the Speaker, also based on proportional representation of the parties or
coalitions therein with at least two (2) Members representing the Minority.
The Committee shall be headed by the respective Chairpersons of the Senate Committee
on Public Order and Illegal Drugs and the House of Representatives Committee on
Dangerous Drugs.
Section 96. Powers and Functions of the Oversight Committee. The Oversight
Committee on Dangerous Drugs shall, in aid of legislation, perform the following
functions, among others:
(a) To set the guidelines and overall framework to monitor and ensure the proper
implementation of this Act;
(b) To ensure transparency and require the submission of reports from

government agencies concerned on the conduct of programs, projects and policies
relating to the implementation of this act;
(c) To approve the budget for the programs of the Oversight Committee on
Dangerous Drugs and all disbursements therefrom, including compensation of all
personnel;
(d) To submit periodic reports to the President of the Philippines and Congress on
the implementation of the provisions of this Act;
(e) To determine inherent weaknesses in the law and recommend the necessary
remedial legislation or executive measures; and
(f) To perform such other duties, functions and responsibilities as may be

necessary to effectively attain the objectives of this Act.
Section 97. Adoption of Committee Rules and Regulations, and Funding. The
Oversight Committee on Dangerous Drugs shall adopt its internal rules of procedure,
conduct hearings and receive testimonies, reports, and technical advice, invite or summon
by subpoena ad testificandum any public official, private citizen, or any other person to
testify before it, or require any person by subpoena duces tecum documents or other
materials as it may require consistent with the provisions of this Act.
The Oversight Committee on Dangerous Drugs shall be assisted by a secretariat to be

composed by personnel who may be seconded from the Senate and the House of
Representatives and may retain consultants.
To carry out the powers and functions of the Oversight Committee on Dangerous Drugs,
the initial sum of Twenty-five million pesos (P25,000,000.00) shall be charged against
the current appropriations of the Senate. Thereafter, such amount necessary for its
continued operations shall be included in the annual General Appropriations Act.
The Oversight Committee on Dangerous Drugs shall exist for a period of ten (10) years
from the effectivity of this Act and may be extended by a joint concurrent resolution.
Section 98. Limited Applicability of the Revised Penal Code. Notwithstanding any law,
rule or regulation to the contrary, the provisions of the Revised Penal Code (Act No.
3814), as amended, shall not apply to the provisions of this Act, except in the case of
minor offenders. Where the offender is a minor, the penalty for acts punishable by life
imprisonment to death provided herein shall be reclusion perpetua to death.
Section 99. Separability Clause. If for any reason any section or provision of this Act,
or any portion thereof, or the application of such section, provision or portion thereof to
any person, group or circumstance is declared invalid or unconstitutional, the remainder
of this Act shall not be affected by such declaration and shall remain in force and effect.
Section 100. Repealing Clause. Republic Act No. 6425, as amended, is hereby repealed
and all other laws, administrative orders, rules and regulations, or parts thereof
inconsistent with the provisions of this Act, are hereby repealed or modified accordingly.
Section 101. Amending Clause. Republic Act No. 7659 is hereby amended accordingly.
Section 102. Effectivity. This Act shall take effect fifteen (15) days upon its publication
in at least two (2) national newspapers of general circulation.
Approved,
(Sgd) (Sgd)
FRANKLIN M. DRILON JOSE DE VENECIA, JR.

Representatives
This Act which is a consolidation of Senate Bill No. 1858 and House Bill No. 4433 was
finally passed by the Senate and the House of Representatives on May 30, 2002 and May
29, 2002, respectively.
(Sgd) (Sgd)
OSCAR G. YABES ROBERTO P. NAZARENO

Secretary of the Senate Secretary General
Approved: January 23, 2002

Metro Manila
Twelfth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand
three.
Republic Act No. 9288 April 07, 2004
AN ACT PROMULGATING A COMPREHENSIVE POLICY AND A NATIONAL

SYSTEM FOR ENSURING NEWBORN SCREENING

assembled:
ARTICLE 1
GENERAL PROVISIONS
SECTION 1. Short Title. - This Act shall be known as the "Newborn Screening Act of
2004."
SEC. 2. Declaration of Policy. - It is the policy of the State to protect and promote the
right to health of the people, including the rights of children to survival and full and
healthy development as normal individuals. In pursuit of such policy, the State shall
institutionalize a national newborn screening system that is comprehensive, integrative
and sustainable, and will facilitate collaboration among government and non-government
agencies at the national and local levels, the private sector, families and communities,
professional health organizations, academic institutions, and non-governmental
organizations. The National Newborn Screening System shall ensure that every baby
born in the Philippines is offered the opportunity to undergo newborn screening and thus
be spared from heritable conditions that can lead to mental retardation and death if
undetected and untreated.
SEC. 3. Objectives. - The objectives of the National Newborn Screening System are:
1) To ensure that every newborn has access to newborn screening for certain
heritable conditions that can result in mental retardation, serious health
complications or death if left undetected and untreated;
2) To establish and integrate a sustainable newborn screening system within the
public health delivery system;
3) To ensure that all health practitioners are aware of the advantages of newborn
screening and of their respective responsibilities in offering newborns the
opportunity to undergo newborn screening; and
4) To ensure that parents recognize their responsibility in promoting their child's

right to health and full development, within the context of responsible parenthood,
by protecting their child from preventable causes of disability and death through
newborn screening.
ARTICLE 2
DEFINITION OF TERMS
SEC. 4. Definitions. - Under this Act, the following terms shall have the meanings
respectively given to them below:
1) Comprehensive Newborn Screening System means a newborn screening system

that includes, but is not limited to, education of relevant stakeholders; collection
and biochemical screening of blood samples taken from newborns; tracking and
confirmatory testing to ensure the accuracy of screening results; clinical
evaluation and biochemical/medical confirmation of test results; drugs and
medical/surgical management and dietary supplementation to address the
heritable conditions; and evaluation activities to assess long term outcome, patient
compliance and quality assurance.
2) Follow-up means the monitoring of a newborn with a heritable condition for

the purpose of ensuring that the newborn patient complies fully with the medicine
of dietary prescriptions.
3) Health institutions mean hospitals, health infirmaries, health centers, lying-in

centers or puericulture centers with obstetrical and pediatric services, whether
public or private.
4) Healthcare practitioner means physicians, nurses, midwives, nursing aides and

traditional birth attendants.
5) Heritable condition means any condition that can result in mental retardation,
physical deformity or death if left undetected and untreated and which is usually
inherited from the genes of either or both biological parents of the newborn.
6) NIH means the National Institute of Health
7) Newborn means a child from the time of complete delivery to 30 days old.
8) Newborn Screening means the process of collecting a few drops of blood from
the newborn onto an appropriate collection card and performing biochemical
testing for determining if the newborn has a heritable condition.
9) Newborn Screening Center means a facility equipped with a newborn

screening laboratory that complies with the standards established by the NIH and
provides all required laboratory tests and recall/follow-up programs for newborns
with heritable conditions.
10) Newborn Screening Reference Center means the central facility at the NIH
that defines testing and follow-up protocols, maintains an external laboratory
proficiency testing program, oversees the national testing database and case
registries, assists in training activities in all aspects of the program, oversees
content of educational materials and acts as the Secretariat of the Advisory
Committee on Newborn Screening.
11) Parent education means the various means of providing parents or legal
guardians information about newborn screening.
12) Recall means a procedure for locating a newborn with a possible heritable
condition for purposes of providing the newborn with appropriate laboratory to
confirm the diagnosis and, as appropriate, provide treatment.
13) Treatment means the provision of prompt, appropriate and adequate medicine,
medical, and surgical management or dietary prescription to a newborn for
purposes of treating or mitigating the adverse health consequences of the heritable
condition.
ARTICLE 3
NEWBORN SCREENING
SEC. 5. Obligation to Inform. - Any health practitioner who delivers, or assists in the
delivery, of a newborn in the Philippines shall, prior to delivery, inform the parents or
legal guardian of the newborn of the availability, nature and benefits of newborn
screening. Appropriate notification and education regarding this obligation shall be the
responsibility of the Department of Health (DOH).
SEC. 6. Performance of Newborn Screening. - Newborn screening shall be performed

after twenty-four (24) hours of life but not later than three (3) days from complete
delivery of the newborn. A newborn that must be placed in intensive care in order to
ensure survival may be exempted from the 3-day requirement but must be tested by seven
(7) days of age. It shall be the joint responsibility of the parent(s) and the practitioner or
other person delivering the newborn to ensure that newborn screening is performed. An
appropriate informational brochure for parents to assist in fulfilling this responsibility
shall be made available by the Department of Health and shall be distributed to all health
institutions and made available to any health practitioner requesting it for appropriate
distribution.
SEC. 7. Refusal to be Tested. - a parent or legal guardian may refuse testing on the
grounds of religious beliefs, but shall acknowledge in writing their understanding that
refusal for testing places their newborn at risk for undiagnosed heritable conditions. A
copy of this refusal documentation shall be made part of the newborn's medical record
and refusal shall be indicated in the national newborn screening database.
SEC. 8. Continuing Education, Re-education and Training Health Personnel. - The

DOH, with the assistance of the NIH and other government agencies, professional
societies and non-government organizations, shall: (i) conduct continuing information,
education, re-education and training programs for health personnel on the rationale,
benefits, procedures of newborn screening; and (ii) disseminate information materials on
newborn screening at least annually to all health personnel involved in material and
pediatric care.
SEC. 9. Licensing and Accreditation. - The DOH and the Philippine Health Insurance
Corporation (PHIC) shall require health institutions to provide newborn screening
services as a condition for licensure or accreditation.
ARTICLE 4
IMPLEMENTATION
SEC. 10. Lead Agency. - The DOH shall be the lead agency in implementing this Act.
For purposes of achieving the objectives of this Act, the DOH shall:
1) Establish the Advisory Committee on Newborn Screening:
2) Develop the implementing rules and regulations for the immediate

implementation of a nationwide newborn screening program within one hundred
eight (180) days from the enactment of this Act;
3) Coordinate with the Department of the Interior and Local Government (DILG)
for implementation of the newborn screening program;
4) Coordinate with the NIH Newborn Screening Reference Center for the
accreditation of Newborn Screening Centers and preparation of defined testing
protocols and quality assurance programs.
SEC. 11. Advisory Committee on Newborn Screening. - To ensure sustained inter-

agency collaboration, the Advisory Committee on Newborn Screening is hereby created
and made an integral part of the Office of the Secretary of the DOH. The Committee shall
review annually and recommend conditions to be included in the newborn screening
panel of disorders; review and recommend the newborn screening fee to be charged by
Newborn Screening Centers; review the report of the Newborn Screening Reference
Center on the quality assurance of the National Screening Centers and recommend
corrective measures as deemed necessary.
The Committee shall be composed of eight (8) members, including the Secretary of
Health who shall act as Chairman. The other members of the Committee shall be as
follows: (i) the Executive Director of the NIH, who shall act as Vice Chairperson; (ii) an
Undersecretary of the DILG; (iii) the Executive Director of the Council for the Welfare
of Children (iv) the Director of the Newborn Screening Reference Center; and (v) three
(3) representatives appointed by the Secretary of Health who shall be a pediatrician,
obstetrician, endocrinologist, family physician, nurse or midwife, from either the public
or private sector. The three (3) representatives shall be appointed for a term of three (3)
years, subject to their being reappointed for additional three (3) years period for each
extension.
The Committee shall meet at least twice a year. The NIH shall serve as the Secretariat of
the Committee.
SEC. 12. Establishment and Accreditation of Newborn Screening Centers. - The DOH
shall ensure that Newborn Screening Centers are strategically located in order to be
accessible to the relevant public and provide services that comply with the standards
approved by the Committee upon the recommendation of the NIH. No Newborn
Screening Center shall be allowed to operate unless it has been duly accredited by the
DOH based on the standards set forth by the Committee. At a minimum, every Newborn
Screening Center shall: (i) have a certified laboratory performing all tests included in the
newborn screening program, (ii) have a recall/follow up programs for infants found
positive for any and all of the heritable conditions; (iii) be supervised and staffed by
trained personnel who have been duly qualified by the NIH; and (iv) submit to periodic
announced or unannounced inspections by the Reference Center in order to evaluate and
ensure quality Newborn Screening Center performance.
SEC. 13. Establishment of a Newborn Screening Reference Center. - The NIH shall
establish a Newborn Screening Reference Center, which shall be responsible for the
national testing database and case registries, training, technical assistance and continuing
education for laboratory staff in all Newborn Screening Centers.
SEC. 14. Quality Assurance. - The NIH Newborn Screening Reference Center shall be
responsible for drafting and ensuring good laboratory practice standards for newborn
screening centers, including establishing an external laboratory proficiency testing and
certification program. It shall also act as the principal repository of technical information
relating to newborn screening standards and practices, and shall provide technical
assistance to newborn screening centers needing such assistance.
SEC. 15. Database. - All Newborn Screening Centers shall coordinate with the NIH
Newborn Screening Reference Center for consolidation of patient databases. The NIH
Newborn Screening Reference Center shall maintain a national database of patients tested
and a registry for each condition. It shall submit reports annually to the Committee and to
the DOH on the status of and relevant health information derived from the database. A
plan for long-term outcome evaluation of newborn screening utilizing the cases registries
shall be developed within one (1) year of passage of this Act by the NIH Newborn
Screening Reference Center in consultation with the Advisory Committee on Newborn
Screening. Implementation of this plan shall become a responsibility of the Advisory
Committee on Newborn Screening.
SEC. 16. Newborn Screening Fees. -The PHIC shall include cost of newborn screening
in its benefits package. The newborn screening fee shall be applied to, among others,
testing costs, education, sample transport, follow-up and reasonable overhead expenses.
To ensure sustainability of the National System for Newborn Screening, the newborn
screening fee shall be divided and set aside for the following purposes; at least four
percent (4%) to the DOH's Centers for Health Development or its future equivalent to be
spent solely for follow-up services, education and other activities directly related to the
provision of newborn screening services; at least four percent (4%) to the Newborn
Screening Centers for human resource development and equipment maintenance and
upgrading; at least four percent (4%) to the NIH Newborn Screening Reference Center
for overall supervision, training and continuing education, maintenance of national
database, quality assurance program and monitoring of the national program; and the
balance for the operational and other expenses of the Newborn Screening Center.
ARTICLE 5
FINAL PROVISIONS
SEC. 17. Repealing Clause. - All general and special laws, decrees, executive orders,
proclamations and administrative regulations, or any parts thereof, which are inconsistent
with this Act are hereby repealed or modified accordingly.
SEC. 18. Separability. - If, for any reason or reasons, any party of provisions of this Act
shall be declared or held to be unconstitutional or invalid, other provision or provisions
hereof which are not affected thereby shall continue to be in full force and effect.
SEC. 19. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
at least two (2) newspapers of general circulation.
Approved,
FRANKLIN DRILON JOSE DE VENECIA JR.

Representatives
This Act which is consolidation of Senate No. 2707 and House Bill No. 6625 was finally
passed by the Senate and the House of Representatives on February 2, 2004 and February
5, 2004, respectively
OSCAR G. YABES ROBERTO P. NAZARENO

Secretary of Senate Secretary General
House of Represenatives
Approved: April 07, 2004
GLORIA MACAPAGAL-ARROYO
CONGRESS OF THE PHILIPPINES
Metro Manila
Fifteenth Congress
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand
twelve.
REPUBLIC ACT No. 10586
AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF

ALCOHOL, DANGEROUS DRUGS, AND SIMILAR SUBSTANCES, AND FOR
OTHER PURPOSES

assembled:
Section 1. Short Title. This Act shall be known as the "Anti-Drunk and Drugged
Driving Act of 2013.
Section 2. Declaration of Policy. Pursuant to the Constitutional principle that

recognizes the protection of life and property and the promotion of the general welfare as
essential for the enjoyment of the blessing of democracy, it is hereby declared the policy
of the State to ensure road safety through the observance of the citizenry of responsible
and ethical driving standards.
Towards this end, the State shall penalize the acts of driving under the influence of
alcohol, dangerous drugs and other intoxicating substances and shall inculcate the
standards of safe driving and the benefits that may be derived from it through institutional
programs and appropriate public information strategies.
Section 3. Definition of Terms. For purposes of this Act:
(a) Alcohol refers to alcoholic beverages classified into beer, wine and distilled
spirits, the consumption of which produces intoxication.
(b) Breath analyzer refers to the equipment which can determine the blood
alcohol concentration level of a person through testing of his breath.
(c) Chemical tests refer to breath, saliva, urine or blood tests to determine the
blood alcohol concentration level and/or positive indication of dangerous drugs
and similar substances in a persons body.
(d) Dangerous drugs and other similar substances refer to drugs listed in the
schedules annexed to the 1961 Single Convention on Narcotics Drugs, as
amended by the 1972 Protocol, and in the schedules annexed to the 1971 Single
Convention of Psychotropic Substances as enumerated in its attachment which is
an integral part of Republic Act No. 9165, otherwise known as the
"Comprehensive Dangerous Drugs Act of 2002 and those that the Board may
reclassify, add to or remove from the list of dangerous drugs.
(e) Driving under the influence of alcohol refers to the act of operating a motor
vehicle while the drivers blood alcohol concentration level has, after being
subjected to a breath analyzer test, reached the level of intoxication, as established
jointly by the Department of Health (DOH), the National Police Commission
(NAPOLCOM) and the Department of Transportation and Communications
(DOTC).
(f) Driving under the influence of dangerous drugs and other similar substances
refers to the act of operating a motor vehicle while the driver, after being
subjected to a confirmatory test as mandated under Republic Act No. 9165, is
found to be positive for use of any dangerous drug.
(g) Field sobriety tests refer to standardized tests to initially assess and determine
intoxication, such as the horizontal gaze nystagmus, the walk-and-turn, the one-
leg stand, and other similar tests as determined jointly by the DOH, the
NAPOLCOM and the DOTC.
(h) Motor vehicle refers to any land transportation vehicle propelled by any power
other than muscular power.
(i) Motor vehicles designed to carry hazardous materials refer to those designed
to carry or transport materials which may endanger health and lives of the public.
(j) Public utility vehicles refer to motor vehicles for hire and used to carry or
transport passengers or goods.
Section 4. Drivers Education. Every applicant for a motor vehicle drivers license
shall complete a course of instruction that provides information on safe driving including,
but not limited to, the effects of the consumption of alcoholic beverages on the ability of
a person to operate a motor vehicle, the hazards of driving under the influence of alcohol,
dangerous drugs and/or other similar substances, and the penalties attached for violation
thereof.
For professional drivers, every applicant for a drivers license or those applying for
renewal thereof shall undergo the drivers education herein stated.
The drivers license written examination shall include questions concerning the effects of
alcohol and drug intoxication on the ability of a person to operate a motor vehicle and the
legal and pecuniary consequences resulting from violation of the provisions of this Act.
Section 5. Punishable Act. It shall be unlawful for any person to drive a motor vehicle
while under the influence of alcohol, dangerous drugs and/or other similar substances.
Section 6. Conduct of Field Sobriety, Chemical and Confirmatory Tests. A law

enforcement officer who has probable cause to believe that a person is driving under the
influence of alcohol, dangerous drugs and/or other similar substances by apparent
indications and manifestations, including overspeeding, weaving, lane straddling, sudden
stops, swerving, poor coordination or the evident smell of alcohol in a persons breath or
signs of use of dangerous drugs and other similar substances, shall conduct field sobriety
tests.
If the driver fails in the sobriety tests, it shall be the duty of the law enforcement officer
to implement the mandatory determination of the drivers blood alcohol concentration
level through the use of a breath analyzer or similar measuring instrument.
If the law enforcement officer has probable cause to believe that a person is driving under
the influence of dangerous drugs and/or other similar substances, it shall be the duty of
the law enforcement officer to bring the driver to the nearest police station to be
subjected to a drug screening test and, if necessary, a drug confirmatory test as mandated
under Republic Act No. 9165.
Law enforcement officers and deputized local traffic enforcement officers shall be
responsible in implementing this section.
Section 7. Mandatory Alcohol and Chemical Testing of Drivers Involved in Motor

Vehicular Accidents. A driver of a motor vehicle involved in a vehicular accident
resulting in the loss of human life or physical injuries shall be subjected to chemical tests,
including a drug screening test and, if necessary, a drug confirmatory test as mandated
under Republic Act No. 9165, to determine the presence and/or concentration of alcohol,
dangerous drugs and/or similar substances in the bloodstream or body.
Section 8. Refusal to Subject Oneself to Mandatory Tests. A driver of a motor vehicle

who refuses to undergo the mandatory field sobriety and drug tests under Sections 6, 7
and 15 of this Act shall be penalized by the confiscation and automatic revocation of his
or her drivers license, in addition to other penalties provided herein and/or other
pertinent laws.
Section 9. Acquisition of Equipment. Within four (4) months from the effectivity of this
Act, the Land Transportation Office (LTO) and the Philippine National Police (PNP)
shall acquire sufficient breath analyzers and drug-testing kits to be utilized by law
enforcement officers and deputized local traffic enforcement officers nationwide giving
priority to areas with high reported occurrences of accidents. For purposes of acquiring
these equipment and for the training seminars indicated in Section 10 hereof, the LTO
shall utilize the Special Road Safety Fund allotted for this purpose as provided under
Section 7 of Republic Act No. 8794, entitled: "An Act Imposing a Motor Vehicle Users
Charge on Owners of All Types of Motor Vehicles and for Other Purposes". Additional
yearly appropriations for the purchase of breath analyzers and drug-testing kits shall be
provided annually under the General Appropriations Act.
Section 10. Deputation. The LTO may deputize traffic enforcement officers of the
PNP, the Metropolitan Manila Development Authority (MMDA) and cities and
municipalities in order to enforce the provisions of this Act.
Section 11. Law Enforcement Officer Education. The LTO and the PNP shall conduct
training seminars for their law enforcers and deputies with regard to the proper conduct
of field sobriety tests and breath analyzer tests every year. Within four (4) months from
the effectivity of this Act, the LTO shall publish the guidelines and procedures for the
proper conduct of field sobriety tests, which guidelines shall be made available to the
public and made available for download through the official LTO website.
Section 12. Penalties. A driver found to have been driving a motor vehicle while under
the influence of alcohol, dangerous drugs and/or other similar substances, as provided for
under Section 5 of this Act, shall be penalized as follows:
(a) If the violation of Section 5 did not result in physical injuries or homicide, the
penalty of three (3) months imprisonment, and a fine ranging from Twenty
thousand pesos (Php20,000.00) to Eighty thousand pesos (Php80,000.00) shall be
imposed;
(b) If the violation of Section 5 resulted in physical injuries, the penalty provided
in Article 263 of the Revised Penal Code or the penalty provided in the next
preceding subparagraph, whichever is higher, and a fine ranging from One
hundred thousand pesos (Php100,000.00) to Two hundred thousand pesos
(Php200,000.00) shall be imposed;
(c) If the violation of Section 5 resulted in homicide, the penalty provided in

Article 249 of the Revised Penal Code and a fine ranging from Three hundred
thousand pesos (Php300,000.00) to Five hundred thousand pesos (Php500,000.00)
shall be imposed; and
(d) The nonprofessional drivers license of any person found to have violated
Section 5 of this Act shall also be confiscated and suspended for a period of
twelve (12) months for the first conviction and perpetually revoked for the second
conviction. The professional drivers license of any person found to have violated
Section 5 of this Act shall also be confiscated and perpetually revoked for the first
conviction. The perpetual revocation of a drivers license shall disqualify the
person from being granted any kind of drivers license thereafter.
The prosecution for any violation of this Act shall be without prejudice to criminal
prosecution for violation of the Revised Penal Code, Republic Act No. 9165 and other
special laws and existing local ordinances, whenever applicable.
Section 13. Direct Liability of Operator and/or Owner of the Offending Vehicle. The
owner and/or operator of the vehicle driven by the offender shall be directly and
principally held liable together with the offender for the fine and the award against the
offender for civil damages unless he or she is able to convincingly prove that he or she
has exercised extraordinary diligence in the selection and supervision of his or her drivers
in general and the offending driver in particular.
This section shall principally apply to the owners and/or operators of public utility
vehicles and commercial vehicles such as delivery vans, cargo trucks, container trucks,
school and company buses, hotel transports, cars or vans for rent, taxi cabs, and the like.
Section 14. Nationwide Information Campaign. Within one (1) month from the
promulgation of the implementing rules and regulations as provided under Section 17
hereof, the Philippine Information Agency (PIA), in coordination with the LTO, the local
government units (LGUs) and other concerned agencies, shall conduct information,
education and communication (IEC) campaign for the attainment of the objectives of this
Act.
Section 15. Nationwide Random Terminal Inspection and Quick Random Drug Tests.
The LTO shall conduct random terminal inspections and quick random drug tests of
public utility drivers. The cost of such tests shall be defrayed by the LTO.
Section 16. Review of Penalties. The LTO shall, after five (5) years from the effectivity
of this Act and every five (5) years thereafter, review the applicability and enforcement
of all foregoing pecuniary penalties and shall initiate amendment and/or upgrade the
same as may be necessary, subject to the approval of the Secretary of the DOTC.1wphi1
Section 17. Implementing Rules and Regulations. The DOTC, the DOH and the
NAPOLCOM shall, within three (3) months from the effectivity of this Act, jointly
promulgate the necessary implementing rules and regulations to carry out the provisions
of this Act.
Section 18. Separability Clause. If, for any reason, any part or provision of this Act is
declared invalid, such declaration shall not affect the other provisions of this Act.
Section 19. Repealing Clause. Subparagraph (f), Section 56, Article 1 of Republic Act
No. 4136, otherwise known as the "Land Transportation and Traffic Code", as amended;
subparagraph (f), Section 5 of Republic Act No. 7924, otherwise known as "An Act
Creating the Metropolitan Manila Development Authority, Defining its Powers and
Functions, Providing Funds Therefor and for Other Purposes;" subparagraph (a), Section
36 of Republic Act No. 9165; and all other laws, orders, issuances, circulars, rules and
regulations or parts thereof which are inconsistent with any provision of this Act are
hereby repealed or modified accordingly.
Section 20. Effectivity. This Act shall take effect after fifteen (15) days from its
publication in the Official Gazette or in two (2) national newspapers of general
circulation.
Approved,
(Sgd.) JUAN PONCE ENRILE (Sgd.) FELICIANO BELMONTE

President of the Senate JR.
Speaker of the House of
Representatives
This Act which is a consolidation of Senate Bill No. 3365 and House Bill No. 4251 was
finally passed by the Senate and the House of Representatives on January 28, 2013 and
January 29, 2013, respectively.
(Sgd.) EDWIN B. BELLEN (Sgd.) MARILYN B. BARUA-YAP

Acting Senate Secretary Secretary General
Approved: MAY 27 2013
(Sgd.) BENIGNO S. AQUINO III

Metro Manila
Sixteenth Congress
[REPUBLIC ACT NO. 10912]
AN ACT MANDATING AND STRENGTHENING THE CONTINUING

PROFESSIONAL DEVELOPMENT PROGRAM FOR ALL REGULATED
PROFESSIONS, CREATING THE CONTINUING PROFESSIONAL
DEVELOPMENT COUNCIL, AND APPROPRIATING FUNDS THEREFOR,
AND FOR OTHER RELATED PRUPOSES
MALACAANG
Manila
PRESIDENTIAL DECREE No. 223 June 22, 1973
CREATING THE PROFESSIONAL REGULATION COMMISSION AND

PRESCRIBING ITS POWERS AND FUNCTIONS
WHEREAS, the regulations of the various profession presently regulated by the Office of
the Boards of Examiners is so extensive, practically covering all social and economic life
of the country;
WHEREAS, the existence of the Boards of Examiners is misconstrued for a number of

years now as nothing more than an examining unit, though all the professional laws
creating the various Boards have charged them with the supervision and regulation over
the professional practice in the Philippines; and
WHEREAS, to effectively enforce the laws regulating the various professions, there is an
urgent need to create a three-man Commission to administer, implement, coordinate and
supervise the various Boards of Examiners;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by

virtue of the powers vested in me by the Constitution as Commander-in-Chief of all the
Armed Forces of the Philippines, and pursuant to Proclamation No. 1081 dated
September 21, 1972, and General Order No. 1 dated September 22, 1972, as amended, do
hereby order and decree:
Section 1. Professional Regulation Commission. There is hereby created a three-man

Commission to be known as the Professional Regulation Commission which shall be
attached to the Office of the President for general direction and coordination.
Section 2. Composition. The Commission shall be headed by one full time Commissioner
and two full time Associate Commissioners, all to be appointed by the President for a
term of nine (9) years without reappointment to start from the time they assume office,
except the first two Associate Commissioners who shall be appointed, one for six (6)
years and the other for three (3) years, and thereafter, any vacancy in the Commission
shall be filled for the unexpired term only with the most senior of the Associate
Commissioners succeeding the Commissioner at the expiration of his term, resignation or
removal. No person shall be appointed chairman or member of the Commission unless he
is at least forty (40) years of age, familiar with the principles and methods of professional
regulation and/or licensing and has at least five (5) years of executive or managerial
experience.
Section 3. Exercise of powers and functions of the Commission. The Commissioner, who
shall be the Chairman of the Commission, and the Associate Commissioners as members
thereof shall, as a body, exercise general administrative, executive and policy-making
functions for the whole agency.
Section 4. Compensation. The Commissioner shall receive an annual compensation of

forty-eight thousand pesos (P48,000) with five hundred pesos (P500) commutable
transportation and representation allowances and the Associate Commissioners, thirty-six
thousand pesos (P36,000) each with three hundred fifty pesos (P350) commutable
transportation and representation allowances.
Section 5. Powers of the Commission. The powers of the Commission are as follows:
a) To administer, implement and enforce the regulatory policies of the National

Government with respect to the regulation and licensing of the various
professions and occupations under its jurisdiction including the maintenance of
professional and occupational standards and ethics and the enforcement of the
rules and regulations relative thereto.
b) To perform any and all acts, enter into contracts, make such rules and
regulations and issue such orders and other administrative issuances as may be
necessary in the execution and implementation of its functions and the
improvement of its services.
c) To review, coordinate, integrate and approve the policies, resolutions, rules and
regulations, orders or decisions promulgated by the various Boards with respect to
the profession or occupation under their jurisdictions including the results of their
licensures examination but their decisions on administrative cases shall be final
and executory unless appealed to the Commission within thirty (30) days from the
date of promulgation thereof.
d) To administer and conduct the licensure examinations of the various Boards

according to the rules and regulations promulgated by it; determine and fix the
places and dates of examinations; appoint supervisors and room examiners from
among the employees of the Government or private individuals who have been
trained by the Commission for that purpose who shall be entitled to a daily
allowance of not less than ten pesos (P10) for every examination day actually
attended; use the buildings and facilities of public and private schools for
examination purposes; and approve the release of examination results;
e) To keep and maintain a register of authorized practitioners of the profession or

occupation; issue certificates of registration or licenses signed by all the members
of the Board concerned and the Commissioner with the official seal of the Board
affixed;
f) To have custody of all the records of the various Boards including their
examination papers, minutes of deliberation, records of administrative cases and
investigations and examination results;
g) To determine, fix and collect the amount to be charged for examination,
registration, registration without examination, licenses, annual registration fees,
certifications, surcharges and other fees not specified under the provisions of
Republic Act No. 6511 or amend the rates provided thereunder subject to
approval by the Office of the President;
h) To appoint, subject to the provisions of existing laws, such as officials and

employees of the Commission as are necessary in the effective performance of its
functions and responsibilities, prescribed their duties and fix their compensation;
and to organize or reorganize the structure of the Commission, create or abolish
positions, change the designations of existing positions to meet changing
conditions or as the need therefor arises; Provided, That such changes shall not
affect the employment status of the incumbents, reduce their ranks and/or salaries
nor result separating them from the services;
i) To submit and recommend to the President of the Philippines nominees for

appointment as members of the various Boards from among those nominated by
the bona fide professional organizations accredited by the Commission to fill
existing or probable vacancies;
j) The Commission may, upon the recommendation of the Board concerned,

approve the registration of and authorize the issuance of a certificate of
registration with or without examination to a foreigner who is registered under the
laws of his country: Provided, That the requirement for the registration or
licensing in said foreign state or country are substantially the same as those
required and contemplated by the laws of the Philippines and that the laws of such
foreign state or country allow the citizens of the Philippines to practice the
profession on the same basis and grant the same privileges as the subject or
citizens of such foreign state or country: Provided, finally, That the applicant shall
submit competent and conclusive documentary evidence, confirmed by the
Department of Foreign Affairs, showing that this country's existing laws permit
citizens of the Philippines to practice the profession under the rules and
regulations governing citizens thereof. The Commission is also hereby authorized
to prescribe additional requirements or grant certain privileges to foreigners
seeking registration in the Philippines if the same privileges are granted to or
some additional requirements are required of citizens of the Philippines in
acquiring the same certificates in his country;
k) The Commission shall have general supervision over foreign nationals who are
authorized by existing laws or granted special permits to, practice their profession
temporarily in the Philippines to see that the terms and conditions for their
employment are strictly observed and adhered to;
l) to prescribe or revise, in conjunction with the Board concerned and the

Secretary of Education and Culture or his authorized representative, collegiate
courses the completion of or graduation from which shall be a prerequisite for
admission into the practice of the profession concerned;
m) To exercise general supervision over the members of the various Boards;
n) To promulgate such rules and regulations as may be necessary to effectively

implement policies with respect to the regulation and practice of the professions;
o) To perform such other functions and duties as may be necessary to carry out
effectively the various provisions of professional regulatory laws, decrees or
orders;
Section 6. Powers, functions and responsibilities of various Boards. The various Boards
shall retain the following powers, functions and responsibilities:
a) To look from time to time into the condition affecting the practice of the
profession or occupation under their respective jurisdictions and whenever
necessary, adopt such measures as may be deemed proper for the enhancement of
the profession or occupation and/or the maintenance of high professional, ethical
and technical standards and for this purpose the members of a Board may
personally or through subordinate employees of the Commission conduct ocular
inspection or visit industrial, mechanical, electrical or chemical plants or works,
hospitals, clinics and other engineering works where registered practitioners of
the profession or occupation are employed or are working for the purpose of
determining compliance with the provisions of laws relative to the practice of the
profession or occupation or as an aid in formulating policies relative thereto in
accordance with the established policies promulgated by the Commission;
b) To investigate violations of their respective laws and the rules and regulations
promulgated thereunder and for this purpose may issue summons, subpoenas and
subpoena duces tecum to alleged violators or witnesses thereof and compel their
attendance to such investigations or hearings;
c) To delegate the hearing of investigation of administrative cases filed before

them except in cases where the issue involved strictly concerns the practice of the
profession or occupation, in which case the hearing shall be presided by at least
one member of the Board concerned assisted by a legal or hearing officer of the
Commission;
d) To promulgate decisions on such administrative cases subject to review by the

Commission. If after thirty (30) days from the receipt of such decision no appeal
is taken therefrom to the Commission, the same shall become final and
immediately enforceable;
e) Subject to review by the Commission to approve registration without

examination and the issuance of the corresponding certificates of registration;
f) After due process, to suspend, revoked or reissue certificates of registration for
causes provided for by law or by the rules and regulations promulgated therefor;
g) To determine and prepare the contents of licensure examinations; score and

rate the examination papers and submit the results thereof to the Commission
within one hundred twenty (120) days after the last examination day unless
extended by the Commission; and, subject to approval by the Commission
determine the appropriate passing general rating if not provided for in the law
regulating the profession.
Section 7. Names of various Boards. The names of the various Boards shall be changed
by the Commission by deleting the word "Examiners."
Section 8. Transfer of personnel, funds, records, etc. The present office of the Boards of
Examiners, its personnel, funds, records, supplies, equipment, materials, furniture, and
fixture are hereby transferred to the Commission.
Section 9. Repealing clause. The provisions of Republic Act No. 546 are hereby repealed
as well as those of other pertinent laws inconsistent herewith.
Section 10. Effectivity. This Decree shall take effect immediately.
Done in the City of Manila, this 22nd day of June, in the year of Our Lord, nineteen
hundred and seventy-three.

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REPUBLIC ACT NO.

REPUBLIC ACT NO. 5527 - AN ACT REQUIRING THE REGISTRATION OF MEDICAL

(b) "Pathologist". A duly registered physician who is specially trained in methods of

(e) "Accredited Medical Technology Training Laboratory". A clinical laboratory, office,

( f ) "Recognized School of Medical Technology". Any school, college or university which

Sec. 3. Council of Medical Technology Education, Its Composition. There is hereby

Spanish Gross Anatomy

Social Science Histology

General Zoology Physiology

Botany Clinical Parasitology

Mathematics General Pathology

College Physics Microbiology

General Chemistry Statistics

Qualitative Chemistry Clinical Laboratory Methods

Quantitative Chemistry including hematology,

Sec. 8. Qualifications of Examiners. No person shall be appointed a member of the Board

(a) Administer the provisions of this Act;

(b) Administer oaths in connection with the administration of this Act;

SECTION 13. Accreditation of Schools of Medical Technology and of Training Laboratories.

(a) Duly registered physicians.

(a) Is in good health and is of good moral character;

Clinical Chemistry 20%

Microbiology and Parasitology 20%

Blood Banking and Serology 20%

Clinical Microscopy (Urinalysis and other

Histopathologic Technique 10%

Sec. 24. Administrative Investigation-Revocation or Suspension of Certificates.

Sec. 27. Foreign Reciprocity. No foreigner shall be admitted to examination, or be given a

( j) Any person who shall violate any provision of this Act; or

Approved: June 21, 1969

b. Pathologist - A duly registered physician who is specially trained in methods of

e. Accredited Medical Technology Training Laboratory - A clinical laboratory, office,

f. Recognized School of Medical Technology - Any school, college, or university which

Section 3. Council of Medical Technology Education, Its Composition.- There is hereby

Section 4. Compensation and Traveling Expenses of Council Members.- For every

Section 7. Medical Technology Board.- There is hereby created a Medical Technology

Section 8. Qualifications of Examiners.- No person shall be appointed as member of the

Section 9. Executive Officer of the Board.-

Section 10. Compensation of Members of the Board of Examiners for Medical

Section 13. Accreditation of Schools of Medical Technology and of Training Laboratories.-

Clinical Chemistry ...................................................... 20%

Section 24. Administrative Investigation.- Revocation or Suspension of Certificates -

Section 27. Foreign Reciprocity.- No foreigner shall be admitted to examination, or be

Section 28. Roster of Medical Technologist.- A roster of Medical Technologist shall be

Approved, June 21, 1969.

REPUBLIC ACT NO. 1517

REPUBLIC ACT NO. 1517 - AN ACT REGULATING THE COLLECTION, PROCESSING

(REPEALED BY REPUBLIC ACT NO. 7719)

Section 1. In order to promote public health, it is declared a national policy to prevent

"Person" includes corporations, partnerships, associations, and organizations. cralaw

Approved: June 16, 1956

REPUBLIC ACT NO. 6138 - AN ACT TO AMEND CERTAIN SECTIONS OF REPUBLIC

"(a) In good health and is of good moral character;

Approved: August 31, 1970

REPUBLIC ACT NO. 4688

SECTION 2. It shall be unlawful for any person to be professionally in-charge of a registered

SECTION 8. This Act shall take effect upon its approval.

Approved: June 18, 1966

Republic Act No. 7170 January 7, 1992

AN ACT AUTHORIZING THE LEGACY OR DONATION OF ALL OR PART

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

(a) "Organ Bank Storage Facility" - a facility licensed, accredited or approved

(b) "Decedent" - a deceased individual, and includes a still-born infant or fetus.

(g) "Person" - an individual, corporation, estate, trust, partnership, association, the