TABLE OF CONTENTS

Part 1
Introduction
Chapter I-Medical Technology Laws
RA 5527 – The Philippine Medical Technology Act of 1969
RA 6138
PD 498
PD 1534
Chapter II – RA 4688 – The Clinical Laboratory Law of 1966
Introduction to Clinical Laboratory
Provisions of RA 4688
Implementing Guidelines of RA 4688
Chapter III – Blood Banking Laws
RA 1517 – Blood Banking Law
RA 7719 – The National Blood Service Act of 1994
Implementing Guidelines of RA 7719
Chapter IV – HIV Laws
RA 8504 – Philippine Aid Prevention and Control Act of 1998
RA 11166 – Philippine HIV and AIDS Policy Act of 2018
Overview of HIV/AIDS in The Philippines
Policies prescribed on
Health Awareness
Test screening
Violations and Penalties
PNAC: Philippine National AIDS Council
AO 55 Series of 1989 – Rules and Regulations governing Accreditation of Laboratories Performing HIV
Testing
Role of Medical Technology in HIV Testing
Comparison of RA 8504 and RA 11166
Chapter V – Professional Regulation Commission (PRC)
RA 8981 – PRC Modernization Act of 2000
PRC Issuances relevant to Medical Technology Practice
Medical Technology Board
Roles
Disciplinary Authority
RA 10912 – Continuing Professional Development Act of 2016
Chapter VI– RA 9165 - Comprehensive Drug Act of 2002
Review of Prohibited Drugs
Implementing Guidelines of RA 9165
Amendments and important jurisprudence of RA 9165
Chapter VII– Other Laws Related to the Medical Technology Practice
PART I. Medical Technology Laws

Introduction

A. Knowing about Professional Laws and Ethics

In order to understand Health and Medical Laws and Ethics, it is helpful to understand the differences between
laws and ethics.

Law is defined as a rule of conduct or action prescribed or formally recognized as binding or enforced by a
controlling authority, such as local, state, and federal governments.

Whereas; Ethics is considered a standard of behavior and a concept of right and wrong beyond what the legal
consideration in any given situation.

Moral Values serve as a basis for ethical conduct. Moral Values are formed through the influence of family,
culture, and society.

B. Classifications of Law

There are four types of law that pertains to health care practitioners:

a. Criminal law
b. Civil Law
c. Administrative Law
d. Labor Law

Criminal Law – A crime is an offense against the state. Committed or omitted in violation of public law.

Involves crimes against the State. When a criminal law is violated, the government brings criminal charges
against the alleged offenders.

A criminal Act may be classified as felony or misdemeanor.

Under the revised penal code:

A Felony – Acts of omissions punishable by law are felonies (delitos)

Felonies are committed not only by means of deceit (dolo) but also by the means of fault (culpa).

There is deceit when the act is performed with deliberate intent, and there is fault when the wrongful act
results from imprudence, negligence, lack of foresight, or lack of skill.

Some examples of a felony include fraud, domestic violence, and practicing profession without license.

Crimes mala in se – generally punished by the penal code.

Crimes mala prohibita – generally punished by special law.

Civil law involves crimes against the person. Under the civil law, a person can sue another person, a business, or the
government. Court judgements in civil cases often require the payment of a sum of money to the injured party. Civial
law includes a general category of law known as torts.

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A tort is broadly defined as a civil wrong committed against a person or property that causes physical injury or
damage to someone’s property or that deprives someone of his or her personal liberty and freedom. Torts may be
intentional (willful) or unintentional (accidental).

Fraud consists of deceitful practices in depriving or attempting to deprive another of his or her rights. Health-care
practitioners might be accused of fraud.

Administrative Law – is the body of law that governs the activities of administrative agencies of government.
Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda.
Administrative law is considered a branch of public law.

The practice of profession is a privilege given to the professional by the government, as such he/she is duty bound
to follow administrative laws.

Labor Laws – it deals with the rights of employees and employers such as wages of workers, rights of union members
and employment termination.

C. Human Relations

Medical Technology profession deals with human relations, the life and death of a person.
Under the new civil code of the Philippines:

Article 19 – Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give
everyone his due, and observe honesty and good faith.

Article 20 – Any person, who, contrary to law, willfully or negligently causes damage to another, shall indemnify the
latter for the same

Article 21 – Every person who willfully causes loss or injury to another in a manner that is contrary to morals, good
costume or public policy shall compensate the latter to the damage.

D. Legal And Ethical Issues

Basic Rules of Law in The Practice of Profession

1. The Issue of Confidentiality – Persons in the profession are legally obligated to keep inform the client’s
record.
- The client’s record must be strictly confidential. Records may be classified or unclassified.
o Confidentiality issues and mandatory disclosure:
▪ In general, the patient’s ethical right to confidentiality and privacy is protected by the law.
Only the patients can waive the right to confidentiality.
▪ Persons in the performance of his duties cannot publicize a client’s case in a journal articles
or invite other health professionals to observe a case without the patient’s written consent.
o In our Philippine Law. The state prohibits a person in a medical field from testifying in court without
the patient’s approval.
- The following three (3) principles for improper release of information:
• It’s the patient, not the doctor’s right to keep patient’s information confidential
• All patients and clients must be treated with the same degree of confidentiality
• You should be aware of all applicable laws and regulations such as Public Health,
Department of Health, and any health organizations.

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 2. The issues of consent

Consent means that the patient has given permission, either expressed or implied, for the physician to
examine him or her, to perform tests that aid in diagnoses, or to treat for a medical condition. When the patient
makes an appointment to be examined by a physician, the patient has given implied consent to the examination and
any diagnostic testing procedures needed for the treatment.

Informed consent. Informed consent involves the patient’s right to receive information relative to his or her
condition and to make a decision regarding treatment based upon that knowledge. The doctrine of informed consent
and is usually outlined in a state’s medical practice acts. Informed consent implies that the patient understands.

Informed consent is a vital part of the practice of medicine today. Physicians are often sued for negligence
because of failure to adequately inform patients of adverse surgical complications, drug reactions, and alternative
treatment modes.

Violations may rise from civil and criminal offense. People in the medical field must be aware through an act
within the legal and ethical boundaries.

3. The issues of contract

Contract is binding between the two contracting parties.

The following elements that should be observed:

a. Agreement
b. Considerations
c. Legal Subject Matter
d. Contractual Capacity

4. The issues of liability

All competent individual are liable or legally responsible for their actions, both their personal lives and
professional career.

Those who in the performance of their obligation are guilty of fraud, negligence, or delay and those who in
any manner contravene tenor thereof, are liable for damages.

5. The issues of obligation

- To give to do or not to do
- Obligations arising from contracts have the force of law and should be complied with in good faith.

Res ipsa Loquitur – The fault is complete. The thing speaks for itself.

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 6. The issues of negligence

In legal jurisprudence, it is defined as doing the thing that which a reasonable, a prudent man would not have
done or failure to do a thing that which a prudent man would have done.

In similar circumstances: Failure to exercise that degree of care and prudence which reasonably a prudent
person in like.

Test for professional Negligence

“Would a prudent man, in the position of the person to whom negligence is attributed, foresee harm to the person
injured, as a reasonable consequence of the course about to be pursued. If so, the law imposes a duty to the actor:

1. To refrain from that course

2. To take precautions against its mischievous result

Failure to do so constitutes its mischievous result.

Doctrine of Respondent Superior: a person, be it juridical or natural shall respond for damages caused by the
negligence of one of its employee in the course of his employment.

Liability for damages arising from negligence

Under the New civil code of the Philippines:

A person who is negligence in the care of his client may be liable to him for damages, whenever such negligence is
the immediate and the proximate cause of his injury.

Proximate cause – an event is meant “that which, in the natural and continuous sequence, unbroken by any new
cause, produce the event and without which the event would not have occurred.

Case Analysis:

Liability for defective equipment

Are you duty bound to examine hospital equipment for latent defects before using in the case of your
patient or client?

In the absence of negligence on her part, will she be liable for injury sustained by her patient from such
defective equipment?

Ratiff vs. Wesley Hospital – Supreme Court of Kansas.

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The three (3) legal terms for negligence

Malfeasance

The commission of an act that is unequivocally illegal or completely wrongful

Is a comprehensive term used in both civil and Criminal Law to describe any act that is wrongful. It is not a
distinct crime or tort, but may be used generally to describe any act that is criminal or that is wrongful and gives
rise to, or somehow contributes to, the injury of another person. An affirmative act that is illegal or wrongful.

Misfeasance

A term used in Tort Law to describe an act that is legal but performed improperly. Generally, a civil
defendant will be liable for misfeasance if the defendant owed a duty of care toward the plaintiff, the defendant
breached that duty of care by improperly performing a legal act, and the improper performance results in the
harm to the plaintiff.

Nonfeasance

The intentional failure to perform a required duty or obligation

Nonfeasance is a term used in Tort Law to describe inaction that allows or results in harm to a person or to
property. Nonfeasance is a failure to act that resulted in injury.

An Act of nonfeasance can result in liability if:

1. The actor owed a duty of care toward the injured person,

2. The actor failed toe act on that duty, and
3. The failure to act resulted in injury.

CASE ANALYSIS

A. If a patient tells me under the pledge of confidentiality that he has murdered someone and has been
wounded in the process, and later find an innocent individual is put on trial for this murder, is it morally
legitimate for me to reveal what I know in order to free the innocent person from accusation and the
punishment for the crime? Would I not be putting the patient’s life in jeopardy by breaking the pledge of
secrecy? Give reasons for your answers.

B. Oscar Romeo was born with an enlarged liver. He received a liver transplant when he was 9 yrs. Old, had a
second liver transplant when he was 14, and then stopped taking his medication several months after the
second transplant because he could not tolerate its side effects. When the hospital discovered that he was
not taking his anti-rejection medication, they forcibly removed him from his parent’s home and admitted
him to a transplant case at the hospital. After he refused further treatment, his case was taken to court. Is
his refusal correct? Decide.

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An Act Requiring the Registration of Medical Technologists, Defining Their Practice, and for Other
Purposes
Republic Act No. 5527
Congress of the Philippines
21 June 1969
Philippine Medical Technology Act of 1969

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

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) “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.

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 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.

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Section 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.

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, 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.

Section 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 General Chemistry Statistics

Spanish Gross Anatomy Qualitative Chemistry Quantitative Chemistry

Social Science Histology College Physics Microbiology

General Zoology Physiology Botany Clinical Parasitology

Mathematics General Pathology

Clinical Laboratory Methods 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.

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Section 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.

Section 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.

Section 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.

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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.

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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.

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, 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

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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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

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 which he is

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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.

Section 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.

Section 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 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 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;
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(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 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.

Section 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.

Section 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).

Section 32. Effectivity.— This Act shall take effect upon its approval.

14
 [ REPUBLIC ACT NO. 6138, August 31, 1970 ]

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.

SECTON 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) Is 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 live 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 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 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 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 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 it 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 paramedic profession 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
there all authorized expenses of the Board including the compensation of each member."

SEC. 23. This Act shall take effect retroactively as June 21, 1969.

15
 Presidential Decree No. 498, s. 1974

BY THE PRESIDENT OF THE PHILIPPINES

PRESIDENTAIL DECREE No. 498

AMENDING SECTIONS TWO, THREE, FOUR, SEVEN, EIGHT, ELEVEN, THIRTEEN, SIXTEEN, SEVENTEEN, TWENTY-
ONE AND TWENTY-NINE OF REPUBLIC ACT NO. 5527, ALSO KNOWN AS THE PHILIPPINE MEDICAL TECHNOLOGY
ACT OF 1969.

WHEREAS, Republic Act No. 5527, An Act Requiring the Registration of Medical Technologists, Defining Their
Practice, And For Other Purpose took effect on June 21, 1969;

WHEREAS, in the implementation of said Act, some provisions were found to be prejudicial to the interests of some
medical technology practitioners who would otherwise qualify for registration as medical technologist without
examination; and

WHEREAS, it was likewise found that some provisions were inadequate to meet the primary objectives of
maintaining the high standard of the medical technology profession, hence, there is an imperative need to correct
these deficiencies of the said Act.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic 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, as amended, do hereby order and decree:

Section 1. Subsections (a) and (d) of Section 2 of Republic Act No. 5527 are hereby amended to read as follows:

“Sec. 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, miscroscopic, 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. Histopatholgic 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/or application 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;

16
8. Collection and preservation of specimens,

Provided, that any person who shall passed the corresponding Board examination for the practice of a profession
already regulated by existing laws, shall not be subject to the provisions of at last four (4) preceding paragraphs if
the performance of such acts or services is merely incidental to his profession.

(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.”

Section 2. Section 3 of the same Act is hereby amended and now to read as follows:

“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 Commissioner of the
Professional Regulation Commission as Chairman, the Chairman of the Board of Medical Technology as Vice-
Chairman, and the two (2) members of the Board of Medical Technology, and the Director of Private Education or its
duly authorized representative, the Director of the Bureau of Research and Laboratories of the Department of Health,
and a representative of the deans or heads of the private schools of medical technology, as members.”

Section 3. Section of the same Act is hereby amended to read as follows:

“Sec. 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 4. Section 7 of the same Act is hereby amended to read as follows:

“Sec. 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 appointment 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
terms.”

17
Section 5. Paragraph 3 and 5 of Section 8 of the same Act are hereby amended to read as follows:

“Sec. 8. Qualification of Examiners. No person shall be appointed a member of the Medical Technology Board unless
he or she:

1) x x x

2) x x x

3) is 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) x x x

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.”

Section 6. Subsection (c) of Section 11 of the same Act is hereby amended and subparagraphs (g), (h) and (l) are
hereby added to read as follows:

“Sec. 11 x x x

(c) Issue, suspend and revoke certificates of registration for the practice of medical technology and medical
laboratory technician;

(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 qualification and training of medical technologist 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: Chief
Medical Technologist; Senior Medical Technologist; Medical Technologist and Medical Laboratory Technician.”

Section 7. Section 13 of the same Act is hereby amended to read as follows:

“Sec. 13. Accreditation of Schools of Medical Technology and of Training Laboratories. Upon the recommendation of
the Medical Technology Board, the Department of Education and Culture shall approve schools of medical technology
in accordance with the provisions of this Decree. The Professional Regulation Commission upon recommendation of
the Medical Technology Board shall approve laboratories for accreditations as training laboratories for medical
technology students or post graduate trainees upon satisfactory evidence that said laboratories possess qualified
personnel and are properly equipped to carry out laboratory procedures commonly required in the following fields:
bacteriology, serology, parasitology, hematology, biochemistry and blood banking, and that the scope of activities of
said laboratory offer sufficient training in said laboratory procedure.”

18
Section 8. Subparagraph (b) of Section 16 is hereby amended to read as follows:

“Sec. 16 x x x

(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 9. Section 17 of the same Act is hereby amended to read as follows:

“Sec. 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.”

19
Section 10. Section 21 of the same Act is hereby amended to read as follows:

“Sec. 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 technologist 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 (P50.00)
show evidence satisfactory to the Board that:

1. He or she passed the civil service examination for medical technician 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 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 11. Section 29 subparagraph (j) of the same Act is hereby amended to read as follows:

“(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.”

Section 12. Repealing Clause. All laws, executive orders, decrees, rules and regulations or parts thereof, inconsistent
with the provisions of this Decree are hereby repealed, amended or modified accordingly.

Section 13. This Decree shall take effect immediately.

Done in the City of Manila, this 28th day of June, in the year of Our Lord, nineteen hundred and seventy-four.

(Sgd.) FERDINAND E. MARCOS

20
 PRESIDENTIAL DECREE No. 1534

FURTHER AMENDING REPUBLIC ACT NO. 5527 AS AMENDED BY PRESIDENTIAL DECREE NO. 498
OTHERWISE KNOWN AS THE PHILIPPINE MEDICAL TECHNOLOGY ACT OF 1969

WHEREAS, Presidential Decree No. 498 amended certain sections of Republic Act No. 5527 otherwise known
as the Philippine Medical Technology Act of 1969;

WHEREAS, in the implementation of said decree, certain sections thereof have been found to hamper or render
ineffective certain functions and duties of the Department of Education and Culture and the Department of
Health; and

WHEREAS, the aforesaid Decree contains provisions which prejudice the practice of anatomic and clinical
pathology by qualified physicians thus negating one of the primary objectives of the original Medical Act of
1969;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in
me by the Constitution, do hereby order and decree:

Section 1. Section 3 of Republic Act No. 5527 as amended by Presidential Decree No. 498 is hereby amended
to read as follows:

“Sec. 3. Council of Medical Technology Education; Its Composition. There is hereby established a Council of
Medical Technology Education hereafter referred to as the 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, 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 Technologies, as members.”

Section 2. Paragraph 3, Section 8 of Republic Act No. 5527 as amended is hereby amended to read as follows;

“Sec. 8. Qualification of Examiners. No person shall be appointed as a member of the Medical Technology Board
unless he or she: . . . is a qualified Pathologists, 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; . . . .”

Section 3. Subparagraphs (g) and (i) of Section 11 of Republic Act No. 5527 as amended are hereby repealed.

Section 4. Section 13 of Republic Act No. 5527 as amended, is hereby further amended to read as follows:

“Sec. 13. Accreditation of Schools of Medical Technology and of Training Laboratories. The Department of
Education and Culture 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 Health through the
Bureau of Research and Laboratories shall approve laboratories for accreditation as training laboratories for
medical technology students or post-graduate 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 5. Section 12 of Presidential Decree No. 498 is hereby amended to read as follows:
21
“Sec. 12. Repealing Clause. All those Executive Order, Decrees, Rules and Regulations, or parts thereof
inconsistent with the provisions of this Decree are hereby repealed, amended or modified accordingly:
Provided, however, That nothing in this Decree shall be construed as repealing or amending any portion of the
Medical Act of 1959 (Republic Act No. 2382, as amended by Republic Act No. 4224), and the Clinical Laboratory
Act of 1966 (Republic Act No. 4688), and the Blood Banking Law of 1956 (Republic Act No. 1517), and the Rules
and Regulations issued pursuant to these laws.”

Section 6. This Decree shall take effect immediately.

Done in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and seventy-eight.

Case Problem:

A. Mr. Henry Walker, a graduate of B.S. Medical Technology of Velez College, Cebu City, took and passed the
Medical Technology Board examination on September, 2014. On the succeeding month, his U.S. visa was
approved, but then he went to U.S.A. on December 2014. He did not take an oath of his profession
promulgated by the PRC. Can he practice Medical Technology in the U.S.A.? Why?
B. What is the duty of Medical Technologist to his certificate of Registration? Why? Can a Medical Technologist
be penalized by failure to do so?
C. Mr. Watson is a Registered Medical Technologist and a gradate from Harvard USA, a foreign school. Can he
practice Medical Technology in the Philippines? Why?

22
CHAPTER 2 – THE CLINICAL LABORATORY LAW OF 1966

REPUBLIC ACT NO. 4688, June 18, 1966

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.

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

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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 6. The sum of fifty thousand pesos, or so much 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.

SEC. 7. All Acts or parts of Acts which are inconsistent with the provisions of this Act are hereby repealed.

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

Approved, June 18, 1966.

23
 ADMINISTRATIVE ORDER 59 S. 2001

CLINICAL LABORATORY LAW

IRR ON RA 4688

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.

The implementing guidelines of RA 4688 are contained in AO no. 59 s. 2001.

Section 1. Title

The Administrative Order shall be known as the:

“Rules and Regulations Governing The Establishment, Operation, and Maintenance of Clinical Laboratories
in the Philippines”

Section 2. Authority

These rules and regulations are issued to implement RA 4688 Clinical Laboratory Law consistent with E.O
102 s. 1999: Redirecting the functions and operations of the DOH.

The DOH, through the BHFS – Bureau of Health Facilities and Services in the Health Regulation Cluster,
shall exercise the regulatory functions under these rules and regulations.

Section 3. Purpose

These rules and regulations are promulgated to protect and promote the Health of the people by ensuring
availability of clinical laboratories that are properly managed with adequate resources, with effective and efficient
performance through compliance with quality standards.

Section 4. Scope

4.1. These regulations shall apply to all entities performing the activities and functions of clinical laboratories
which shall include the examination and analysis of any or all samples of human and other related tissues,
fluids, secretions, excretions, radioactive, or other materials from the human body for the
determination of the existence of pathogenic organisms, pathologic processes or conditions in the person
from whom such samples are obtained.

4.2 These regulations do not include government laboratories doing laboratory examinations limited to:
Acid fast bacilli microscopy, Malaria screening, and Cervical cancer screening,
provided their services are declared as extension of a licensed government clinical laboratory.

24
Section 5. Classification of Laboratories.

1. Classification by FUNCTION

1.1. Clinical Pathology

➢ Includes Hematology,
➢ Clinical Chemistry,
➢ Microbiology,
➢ Parasitology,
➢ Mycology, Clinical Microscopy (AUBF),
➢ Immunology and Serology,
➢ Immunohematology,
➢ Blood Banking,
➢ Laboratory Endocrinology,
➢ Toxicology and
➢ Therapeutic Drug Monitoring and other similar disciplines.

1.2. Anatomic Pathology

➢ Includes Surgical Pathology,
➢ Immunohistopathology,
➢ Cytology,
➢ Histopathology,
➢ Autopsy and
➢ Forensic Pathology.
➢ To check if tissues have CA.

2. Classification by INSTITUTIONAL CHARACTER

2.1. Hospital-based laboratory

➢ Laboratory that operates within a hospital
2.2. Non-hospital based laboratory
➢ Laboratory that operates on its own.

3. Classification by SERVICE CAPABILITY

3.1. PRIMARY – provides the minimum service capabilities such as:

3.1.1. Routine Hematology (Complete Blood Count or CBC) – includes:

➢ hemoglobin mass concentration,

➢ Erythrocyte Volume Fraction (Hematocrit),
➢ Leucocytes Number Concentration (White Blood Cell Count or WBC Count),
➢ Leucocytes Type Number Fraction (Differential Count),
➢ Qualitative Platelet Determination

3.1.2. Routine Urinalysis

3.1.3. Routine Fecalysis
3.1.4. Blood Typing – hospital based
25
 3.1.5. Quantitative platelet determination – hospital based

3.2. SECONDARY – provide the minimum service capabilities of a primary category and the following:

3.2.1. Routine Clinical Chemistry – includes: (CC1)

➢ Blood Glucose Substance Concentration (FBS),
➢ BUN - Blood Urea Nitrogen Concentration
➢ Blood Uric Acid Substance Concentration,
➢ Blood Creatinine Concentration,
➢ Blood Total Cholesterol Concentration
3.2.2. Cross-matching (Compatibility Testing) – hospital based
➢ Blood Banking
➢ Immunohematology

3.3. TERTIARY – provides secondary service capabilities and the following:

3.3.1. Special Chemistry

3.3.2. Special Hematology
3.3.3. Immunology / Serology
3.3.4. Microbiology – Culture and Sensitivity Testing
Section 6. Policies

6.1. An approved permit to construct and design lay-out of a clinical laboratory shall be secured from the BHFS
prior to submission of an application for a Petition to Operate.

6.2. No clinical laboratory shall be constructed unless plans have been approved and construction permit issued
by the BHFS.( Bureau of Health Facilities and Services)

6.3. A clinical laboratory shall operate with a valid license issued by BHFS/CHD (Center for Health and
Development), based on compliance with the minimum licensing requirements (Annex A).

6.4. The clinical laboratory shall be organized and managed to provide effective and efficient laboratory services.

6.5. The clinical laboratory shall provide adequate and appropriate safety practices for its personnel and
clientele.

Section 7 Requirements and Procedures for Application of Permit to Construct and License to Operate

7.1. Application for Permit to Construct

The following documents are required:

7.1.1. Letter of Application to the Director of BHFS

7.1.2. Four (4) sets of Site Development Plans and
Floor Plans approved by the architect and/or engineer.
7.1.3. DTI/SEC Registration (for private clinical laboratory)

7.2. Application for new license:

A duly notarized application form. “Petition to establish, Operate and Maintain a Clinical
Laboratory” (Annex B), shall be filled by the owner or his duly authorized representative at the BHFS.

26
7.3. Application for renewal of license:

A duly notarized application form, “Application For Renewal of License to establish, Operate
and Maintain A Clinical Laboratory” (Annex C), shall be filled by the owner or his duly authorized
representative at the respective CHD.

Application for renewal of license shall be filled within 90 days before the expiry date of the
license described as follows:

REGION SCHEDULE OF APPLICATION FOR RENEWAL OF LICENSE

NCR Jan to March
1,2,3 & CAR Feb to April
4,5,6 March to May
7,8,9 April to June
10,11,12, CARAGA & ARMM May to July

7.4. Permit and License Fees:

7.4.1. A non-refundable license fee shall be charged for application for permit to construct, and for license
to operate a government and private clinical laboratory.

7.4.2. A non-refundable fee shall be charged for application for renewal of license to operate.

7.4.3. All fees shall be paid to the cashier of the BHFS/CHD.

7.4.4. All fees shall follow the current prescribed schedules of fees of the DOH.

7.5. Penalties

7.5.1. A penalty of one thousand pesos (P 1,000) for late renewal shall be charged in addition to the
renewal fee for all categories if the application is filled during the next two (2) months after
expiry date.

7.5.2. An application received more than two (2) months after expiry date shall be fined one hundred
pesos (P100) for each month thereafter in addition to the P 1,000 penalty.

7.6. Inspection

7.6.1. Each licensee shall make available to the Director of BHFS/CHD or his duly authorized
representative(s) at any reasonable time, the premises and facilities where the laboratory
examinations are being performed for inspection.

7.6.2. Each licensee shall make available to the Director of the BHFS/CHD or his duly authorized
representative(s) all pertinent records.

7.6.3. Clinical laboratories shall be inspected every two (2) years or as necessary.

7.7. Monitoring

7.7.1. All clinical laboratories shall be monitored regularly and records shall be made available to
determine compliance with these rules and regulations.
27
 7.7.2. The Director of the BHFS/CHD or his authorized representative(s) shall be allowed to monitor the
clinical laboratory at any given time.

7.7.3. All clinical laboratories shall make available to the Director of the BHFS or his duly authorized
representative(s) records for monitoring.

7.8. Issuance of License

The license shall be issued by the Director of CHD or his authorized representative, if the application is
found to be meritorious.

7.9. Terms and Conditions of License

7.9.1. The license is granted upon compliance with licensing requirements.

7.9.2. The license is non-transferable.

7.9.3. The owner or authorized representative of any clinical laboratory desiring to transfer a licensed
clinical laboratory to another location shall inform the CHD in writing at least 15 days actual
transfer.

7.9.4. The laboratory in its new location shall be subject to re-inspection and shall comply with the
licensing requirements.

7.9.5. An extension laboratory shall have a separate license.

7.9.6. Any change affecting the substantial conditions of the license to operate a laboratory shall be
reported within 15 days in writing by the person(s) concerned to the BHFS/CHD for notation
and approval. Failure to do so will cause the revocation of the license of the clinical laboratory.

7.9.7. The clinical laboratory license must be placed in a conspicuous location/area within a laboratory.

Section 8. Violations:

8.1. The license to operate a clinical laboratory shall be suspended or revoked by the Secretary of Health
upon violation of RA 4688 of the Rules and Regulations issued in pursuance thereto:

8.2. The following acts committed by the Owner, President, Managers, Board of Trustees/Director,
Pathologist or its personnel are considered violations.

8.2.1. Operation of a clinical laboratory without a certified pathologist or without a registered

medical technologist.

8.2.2. Change of ownership, location, head of laboratory or personnel without informing the BHFS
and/or CHD.

8.2.3. Refusal to allow inspection of the clinical laboratory or person(s) authorized by the BHFS during
reasonable hours.

8.2.4. Gross Negligence.

8.2.5. Any act of omission detrimental to the public.

28
 8.3. The Provincial, City and Municipal Health Offices are authorized to report to the CHD and BHFS the
existence of unlicensed clinical laboratories or any private party performing laboratory
examinations without proper license and/or violations to these rules and regulations.

Section 9. Investigation of Charges or Complaints

- The BHFS/CHD or his duly authorized representative(s) shall investigate the complaint and verify if the
laboratory concerned or any of its personnel is guilty of the charges.

9.1. If upon investigation, any person is found violating the provisions of RA 4688, or any of these rules and
regulations, the BHFS/CHD or his duly authorized representative(s) shall suspend, cancel or revoke
for a determined period of time the license, as well as the authority of the offending person(s), without
prejudice to taking the case to judicial authority for criminal action.

9.2. Any person who operates a clinical laboratory without proper license from the Department of
Health shall upon conviction be subject to:

➢ imprisonment for not less than 1 month but not more than 1 year or
➢ a fine of not less than P 1,000 and not more than P 5,000
➢ or BOTH at the discretion of the court.

Provided, however, that if the offender is a firm or corporation, the Managing Head and/or owner/s
thereof shall be liable to the penalty imposed herein.

9.3. Any Clinical laboratory operating without a valid license or whose license has been revoked/cancelled
shall be summarily closed upon order issued by the BHFS/CHD or his duly authorized representative.
The BHFS/CHD may seek the assistance of the law enforcement agency to enforce the closure of any
clinical laboratory.

9.4. The closure order issued by the DOH shall not be rendered ineffective by any restraining order and
injunction order issued by the court, tribunal or agency or instrumentalities.

Section 10 Modification and Revocation of License

10.1. A license maybe revoked, suspended or modified in full or in part for any material false statement by
the applicant, or as shown by the record of inspection or for a violation of, or failure to comply any of
the terms and conditions and provisions of these rules and regulations.

10.2. No license shall modified, suspended or revoked unless prior notice has been made and the
corresponding investigation conducted except in cases of willful, or repeated violations hereof, or
where public health interest or safety requires otherwise.

Section 11 Repealing Clause. These rules and regulations shall supersede all other previous official issuances
hereof.

Section 12 Publication of List of Licensed Clinical Laboratories. A list of licensed clinical laboratories shall be
published annually in a newspaper of general circulation.

Section 13 Effectivity. These rules and regulations shall take effect 15 days after its publication in the Official
Gazette, or in a newspaper of general circulation.

29
TECHNICAL STANDARDS AND MINIMUM REQUIREMENTS

The Clinical Laboratory shall be organized to provide effective and efficient laboratory services:

I. STAFFING
1. The Clinical Laboratory shall be managed by a licensed physician certified by the Philippine Board
of Pathology.

In areas where pathologists are not available, a physician with three (3) months training on clinical
laboratory medicine, quality control and laboratory management, may manage a primary/secondary
category clinical laboratories. The BHFS shall certify such training.

2. The Clinical Laboratory shall employ qualified and adequately trained personnel. Work assignment
shall be consistent with the qualification of the concerned personnel.

2.1. A clinical laboratory shall have sufficient number of registered medical technologists
proportional to the workload and shall be available at all times during hours of laboratory
operation. For hospital-based clinical laboratory, there shall be at least one registered
medical technologist per shift to cover the laboratory operation

3. There shall be staff development and appropriate continuing education program available at all
levels of organization to upgrade the knowledge, attitudes and skills of staff.

II. PHYSICAL FACILITIES

1. The clinical laboratory shall be well-ventilated, adequately lighted, clean and safe.
2. The working space shall be sufficient to accommodate its activities and allow for smooth and
coordinated work flow.
3. There shall be an adequate water supply.
4. The working space for all categories of clinical laboratories (both hospital and non-hospital based)
shall have at least the following measurements:

CATEGORY SPACE (m2)

Primary 10
Secondary 20
Tertiary 60
➢ (to include separate, enclosed and adequately ventilated room for Microbiology)

III. EQUIPMENT AND INSTRUMENTS

1. There shall be provisions for sufficient number and types of appropriate equipment/ instruments
in order to undertake all the activities and laboratory examinations. The equipment shall comply
with safety requirements.

30
 MINIMUM REQUIREMENTS FOR EQUIPMENTS/ INSTRUMENTS:

PRIMARY CATEGORY SECONDARY CATEGORY TERTIARY CATEGORY

1. Clinical centrifuge All those in Primary Category All those in Secondary
2. Hemacytometer plus the following: Category plus the following:
3. Microhematocrit 1. Refrigerator 1. incubator
centrifuge 2. Photometer or its 2. Balance, triplebeam
4. Microscope with oil equivalent and/or analytical
Immersion Objective 3. Water bath or its 3. Rotator
5. Hemoglobinometer or its equivalent 4. Serofuge or its equivalent
equivalent 4. Timer or its equivalent 5. Autoclave
6. Differential blood cell 6. Drying Oven
counter or its equivalent 7. Biosafety cabinet or its
equivalent

2. For other laboratory examinations being performed, the appropriate equipment necessary for
performing such procedures shall be made available.

IV. GLASSWARES/ REAGENTS/ SUPPLIES

All categories of clinical laboratories shall provide adequate and appropriate glass wares, reagents and
supplies necessary to undertake the required services.

V. WASTE MANAGEMENT

There shall be provisions for adequate and efficient disposal of waste following guidelines of the
Department of Health and the local government.
(Copies of which are avaiable at respective CHDs and DOH-BHFS and local government offices. )

VI. QUALITY CONTROL PROGRAM

All clinical laboratories shall have a functional Quality Assurance Program.

1. Internal Quality Control Program

1.1. There shall be a documented, continuous competency assessment program for all laboratory
personnel.
1.2. The program shall provide appropriate and standard laboratory methods, reagents supplies
and equipment.
1.3. There shall be a program for the proper maintenance and monitoring of all equipment.
1.4. The program shall provide for the use of quality control reference materials.

31
 2. External Quality Control Program

2.1. All clinical laboratories shall participate in an External Quality Assurance Program given by
designated National Reference Laboratories and/or other recognized reference laboratories.
2.2. A satisfactory performance rating given by a National Reference Laboratories shall be one of
the criteria for the renewal of license.
2.3. Any refusal to participate in an External Quality Assurance Program given by the designated
National Reference Laboratories shall be one of the basis for suspension / revocation of the
license of the laboratory.

VII. REPORTING

Laboratory requests shall be construed as consultation between the requesting physician and the
pathologist of the laboratory and as such laboratory results shall be released accordingly.

1. All laboratory reports on various examinations of specimens shall bear the name of the registered
medical technologist and the pathologist and duly signed by both.

2. No person in the clinical laboratory shall issue a report, orally or in writing, whole or portions,
thereof without a directive from the pathologist or his authorized associate to the requesting
physician or his authorized representative except in emergency cases when the results may be
released as authorized by the pathologist.

VIII. RECORDING

There shall be a system of accurate recording to ensure quality results.

1. There shall be an adequate and effective system of recording requests and reports of all specimens
submitted and examined.
2. There shall be provisions for filing, storage and accession of all reports.
3. All laboratory records shall be kept on file for at least one (1) year.
3.1. Records of anatomic and forensic pathology shall be kept permanently in the laboratory.

IX. LABORATORY FEES

The laboratory and professional fees to be charged for a laboratory examination shall be at the
prevailing rates.

1. The rates shall be within the range of the usual fees prevailing at the time and the particular place,
taking into consideration the cost of testing and quality control of various laboratory procedures.
2. Professional services rendered to the patient in the performance of special procedures or
examinations shall be charged separately and not included in the laboratory fee/s.

Mobile laboratories
➢ Collect specimen only
➢ Can operate 100 km radius to main lab.

32
Requirements For Registration/Operation of Clinical Laboratories

For private laboratories:

• Certificate of registration of business name from the Department of Trade and Industry and certificate
from the Security and Exchange Commission (if corporation).
• Certificate/s from the Philippine Board of Pathology
• PRC Board Certificate of Medical Technologists
• A notarized statement that the applicant has complied with all business requirements under existing
laws or ordinances in the locality where the laboratory is located.
• Location map
• Floor Diagram

Application for Permit to Construct a Clinical Laboratory

Where to File:

BUREAU OF HEALTH FACILITIES AND SERVICES

How to File:

Submit application to the Bureau of Health Facilities and Services. A copy of Permit to construct and Approved
Floor Layouts shall be issued within 15 working days upon receipt of application provided that all documents
are complete and compliant.

NOTE:

LICENSING REQUIREMENTS OF A CLINICAL LABORATORY SERVICE CAPABILITY

PRIMARY CATEGORY

Routine Fecalysis

Routine Hematology

(Complete Blood Count or CBC) includes Hemoglobin Mass Concentration, Erythrocyte Volume Fraction
(Hematocrit), Leucocytes Number Concentration (White Blood Cell or WBC Count), Leucocytes Type Number
Fraction (Differential Count) and Qualitative Platelet Determination

Routine Urinalysis

Blood Typing hospital based

Quantitative platelet determination hospital based

33
SECONDARY CATEGORY

ALL those in Primary Category PLUS the

following:

Routine Clinical Chemistry includes Blood Glucose Substance Concentration, Blood Urea Nitrogen
Concentration, Blood Uric Acid Substance Concentration, Blood Creatinine Concentration and Blood Total
Cholesterol Concentration

Cross matching hospital based

TERTIARY CATEGORY

ALL those in Secondary Category PLUS the following:

Immunology/Serology

Microbiology

Special Chemistry

Special Hematology

PERSONNEL

1. The Clinical Laboratory shall be managed by a licensed physician certified by the Philippine Board of
Pathology.

1.1. In areas where pathologists are not available, a physician with a three (3) months training on clinical
laboratory medicine, quality control and laboratory management, may manage a primary/secondary
category clinical laboratories. The BHFS shall certify such training.

2. The clinical laboratory shall employ qualified and adequately trained personnel. Work assignment shall be
consistent with the qualification of the concerned personnel.

2.1. A clinical laboratory shall have sufficient number of registered medical technologists proportional
to the workload and shall available at all times during hours of laboratory operation. For hospital-based
clinical laboratory, there shall be at least one registered medical technologist per shift to cover the
laboratory operation.

3. There shall be staff development and appropriate continuing education program available at all levels of
organization to upgrade the knowledge, attitudes and skills of staff.

34
EQUIPMENT/INSTRUMENT

1. There shall be sufficient number and types of appropriate equipment/instrument in order to undertake all
the laboratory examinations and procedures. The equipment/instrument shall comply with safety
requirements.

PRIMARY CATEGORY

Clinical centrifuge

Differential blood cell counter or its equivalent

Hemacytometer

Hemoglobinometer or its equivalent

Microhematocrit centrifuge

Microscope w/ oil immersion objective

SECONDARY CATEGORY

ALL those in Primary Category PLUS the following:

Photometer or its equivalent

Refrigerator

Timer or its equivalent

Water bath or its equivalent

TERTIARY CATEGORY

ALL those in Secondary Category PLUS the following:

Autoclave

Balance, trip/analytical

Biosafety cabinet or its equivalent

Drying oven

Incubator

Rotator

Serofuge or its equivalent

2. For other laboratory examinations being performed, the appropriate equipment for performing such
procedures shall be made available.

35
PHYSICAL PLANT

1. Adequate area shall be provided for the people, activity, furniture, equipment and utility.

PRIMARY CATEGORY

Minimum of 10 square meters in floor area

Access to Toilet

Clinical Work Area with Sink

Pathologist Area

SECONDARY CATEGORY

Minimum of 20 square meters in floor area

Toilet

Clinical Work Area with Sink

Pathologist Area

TERTIARY CATEGORY

1. Minimum of 60 square meters in floor area, Toilet, Clinical Work Area with Sink, Pathologist Area,
Microbiology Room

2. A clinical laboratory shall be of such construction so that no hazards to the life and safety of patients,
personnel and public exist. It shall be capable of withstanding weight and elements to which they may be
subjected.

3. It shall be provided with sufficient illumination and adequate ventilation to enable personnel in the
performance of work and to ensure comfort of patients, personnel and public.

4. Floors, walls, ceilings, fixtures and furniture shall be of sturdy materials that shall allow durability, ease of
cleaning, fire and acid resistance.

5. There shall be measures for detecting fire such as fire alarms in walls, peepholes in doors or smoke detectors
in ceilings. There shall be devices for quenching fire such as fire extinguishers or fire hoses that are easily visible
and accessible in strategic areas.

6. Proper maintenance shall be provided to prevent untimely breakdown of building and equipment.

7. Liquid waste shall be discharged into an approved public sewerage system, and solid waste shall be collected,
treated and disposed of in accordance with applicable codes, laws or ordinances.

36
8. References shall be made to the following:

P. D. 1096 National Building Code of the Philippines and Its Implementing Rules and Regulations

P. D. 1185 Fire Code of the Philippines and Its Implementing Rules and Regulations

P. D. 856 Code on Sanitation of the Philippines and Its Implementing Rules and Regulations

R. A. 1378 National Plumbing Code of the Philippines and Its Implementing Rules and Regulations

R. A. 184 Philippine Electrical Code Manual on Technical Guidelines for Hospitals and Health Facilities Planning
and Design. Department of Health, Manila. 1994

Health Facilities Maintenance Manual. Department of Health, Manila. 1995

Manual on Hospital Waste Management. Department of Health, Manila. 1997

Other Documentary Requirements:

Form No. 4-01: Application for Permit to Construct notarized

Letter of Application to the Director of the Bureau of Health Facilities and Services

Letter of Endorsement from the Director of the Center for Health Development

Four (4) Sets of Floor Layout, showing location of equipment and areas required, appropriately dimensioned,
properly identified and completely labeled

DTI/SEC Registration (for private clinical laboratory)

Case Problem:

a. If you were a pathologist, and planning to set-up a clinical laboratory. What are the steps that
you should do before you can start its operation? Kindly cite the legal procedures.

37
CHAPTER 3 – BLOOD SERVICE ACT

REPUBLIC ACT 7719 – NATIONAL BLOOD SERVICE ACT OF 1994

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:

(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 caused 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 schools, in the elementary, high school and college levels
as well as the non-formal education system;

(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 and ensure the safety of all activities related to the collection, storage and banking of blood;
and

(l) to require upgrading of blood banks/centers to include preventive services and education to control
spread of blood transfusion transmissible diseases.

38
SEC. 3. Definitions. – For purposes of this Act, the following terms shall mean:

(a) Blood/blood product - refers to human blood, processed or unprocessed and includes blood
components, its products and 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 one's own volition or initiative and without
monetary compensation;

(g) Department - the Department of Health;

(h) Blood transfusion transmissible diseases – 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; and

(j) Walking Blood Donor - an individual included in the list of qualified 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 ensure 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-governmental organizations, all medicalorganizations, all public and private hospitals, all
health and health-related institutions, print and broadcast media as well as 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 nonmonetary 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 such inclusion in its non-
formal education curricula.
39
(c) Professional Education. - The Department, the PBCC, the Philippine Society of Hematology and Blood
Transfusion (PSHBT), the Philippine Society of 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 and city nationwide within the framework of a National Blood Transfusion Service Network
spearheaded by the Department, in coordination with the PNRC. The collection of blood in various areas in
the community, such as schools, business enterprises, barangays, and military camps shall be promoted.
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 blood 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, ruralhealth units, health centers
and barangays in these areas shall be required to keep at all times a list of qualified voluntary blood donors
with their specified blood typing.

SEC. 5. National Voluntary Blood Services Program. – The Department, in cooperation with the PNRC
and PBCC and other government agencies and non-governmental organizations shall plan and implement
a 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 by 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 the trust liability account of the Duty Free Shop (Duty Free Philippines) with an initial
amount of at least Twenty million pesos (P20,000,000) and through contributions of other agencies such
as civic organizations.

SEC. 6. Upgrading of Services and Facilities. – All blood banks/centers shall provide preventive health
services such as education and counselling 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 a non-profit basis: Provided,
That they may collect service fees not greater than the maximum prescribed by the Department which shall

40
be limited to the necessary expenses entailed in collecting and processing of blood. Blood shall be collected
from healthy voluntary donors only.

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,
equipment, 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 the Establishment and Operation of Blood Banks shall remain in force unless amended
or revised by the Secretary. The rules and regulations shall prescribe 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 greater 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 one (1) month nor more than six
(6) months, or a fine of not less than Five thousand pesos (P5,000) nor more than Fifty thousand pesos
(P50,000), or both at the discretion of the competent court. Any person who shall establish and operate a
blood bank without securing any license to operate from the Department or who fails to comply with the
standards prescribed by the Department referred to in Section 9 hereof 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 head's 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.

41
SEC. 13. Separability Clause. – If any provision 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 shall 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 are 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.

Approved, May 5, 1994.

Case Study:

A. Mr. Elmer Mata donated blood with his own volition as walking blood donor. The blood sample was
being tested and the result was HIV positive. Mr. Elmer’s attention was being called and was being
subject for monitoring and that his name was included in the DOH and he was subject to contact tracing.
He filed a complaint as violation of his right to confidentiality under RA7719. Is his contention valid?

B. Mr. Michael Sy, a graduate of Medical Technology of one of the reputable schools in Cebu. He wanted to
open a commercial blood bank for profit. He applies to DOH and had completed all the pertinent
requirements. Upon review, the PNRC and PBCC deny his application on the ground of RA 7719. Is the
denial correct? Why? Explain.

42
CHAPTER 4 – HIV LAWS

REPUBLIC ACT 8504

AN ACT PROMULGATING POLICIES AND PRESCRIBING MEASURES FOR THE PREVENTION AND
CONTROL OF HIV/AIDS IN THE PHILIPPINES, INSTITUTING A NATIONWIDE HIV/AIDS INFORMATION
ANDEDUCATIONAL PROGRAM, ESTABLISHING A COMPREHENSIVE HIV/AIDS MONITORING SYSTEM,
STRENGTHENING THE PHILIPPINE NATIONAL AIDS COUNCIL, AND FOR OTHER PURPOSES

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

SECTION 1. Title. – This Act shall be known as the "Philippine AIDS Prevention and Control Act of 1998."

SEC. 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 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.

43
SEC. 3. Definition of Terms. – As used in this Act, the following terms are defined as follows:

(a) "Acquired Immune Deficiency Syndrome (AIDS)" is 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 persons 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.
44
(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" refer 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 (2) 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 (DOH), shall integrate
instruction on the causes, modes of transmission and ways of preventing HIV/AIDS and other sexually
transmitted diseases in subjects taught in public and private schools at intermediate grades, secondary and
tertiary levels, including nonformal and indigenous learning systems: Provided, That if the integration of
HIV/AIDS education is not appropriate or feasible, the DECS and TESDA shall design special modules on
HIV/AIDS prevention and control: Provided, further, That it shall not be used as an excuse to propagate
birth control or the sale or distribution of birth control devices: Provided, finally,That it does not utilize
sexually explicit materials. Flexibility in the formulation and adoption of appropriate course content, scope,
and methodology in each educational level or group shall be allowed after consultations with
ParentTeachers-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.

SEC. 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

45
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 of health
workers shall include discussions on HIV-related ethical issues such as confidentiality, informed consent
and the duty to provide treatment.

SEC. 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 Section.

SEC. 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 Section.

SEC. 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.

SEC. 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, nongovernment organizations and church-based groups.

SEC. 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.

SEC. 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 devices 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

46
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.

SEC. 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.

SEC. 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 Section 13 of this Act.

47
 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 Section 3 of Republic Act No. 7170, also known as
the "Organ Donation Act of 1991";

(c) a donation is executed in accordance with Section 4 of Republic Act No. 7170.

SEC. 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.

SEC. 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 the Republic Act No. 7170, otherwise known as the "Organ
Donation Act" and Republic Act No. 7719, otherwise known as the "National Blood Services Act".

SEC. 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.

SEC. 19. Accreditation of HIV Testing Centers. – All testing centers, hospitals, clinics, and laboratories
offering HIV testing services are mandated to seek accreditation from the DOH which shall set and maintain
reasonable accreditation standards.

SEC. 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.
48
SEC. 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. – Person 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.

SEC. 23. Community-Based Services. – Local government units, in coordination and in cooperation with
concerned government agencies, nongovernment organizations, persons with HIV/AIDS and groups most
at risk of HIV infection shall provide community-based HIV/AIDS prevention and care services.

SEC. 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.

SEC. 25. Control of Sexually Transmitted Diseases. – The Department of Health, in coordination and in
cooperation with concerned government agencies and nongovernment organizations shall pursue the
prevention and control of sexually transmitted diseases to help contain the spread of HIV infection.

SEC. 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
warrantit, 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.

49
 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.

SEC. 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.

SEC. 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.

SEC. 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 Section 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 doublechecked
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.

50
SEC. 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 Section 27 of this Act; and

(e) a justice of the Court of Appeals or the Supreme Court, as provided under subsection (c) of this Act and
in accordance with the provision of Section 16 hereof.

SEC. 33. Penalties for Violations of Confidentiality. – Any violation of medical confidentiality as
provided in Sections 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 38. Inhibition from Public Service. – The right to seek an elective or appointive public office shall
not be denied to a person with HIV.

SEC. 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.
51
SEC. 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.

SEC. 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.

SEC. 42. Penalties for Discriminatory Acts and Policies. – All discriminatory acts and policies referred
to in this Act shall be punishable with a penalty or imprisonment for six (6) months to four (4) years and a
fine not exceeding Ten thousand pesos (P10,000). 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.

SEC. 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.

52
(b) Monitor the implementation of the rules and regulations of this Act, issue or cause the issuance of
orders or make recommendations to the implementing agencies as the Council considers appropriate;

(c) Develop a comprehensive long-term national HIV/AIDS prevention and control program and monitor
its implementation;

(d) Coordinate the activities of and strengthen working relationships between government and
nongovernment agencies involved in the campaign against HIV/AIDS;

(e) Coordinate and cooperate with foreign and international organizations regarding data collection,
research and treatment modalities concerning HIV/AIDS; and

(f) Evaluate the adequacy of and make recommendations regarding the utilization of national resources
for the prevention and control of HIV/AIDS in the Philippines.

SEC. 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 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;
53
(18) Two (2) representatives from organizations of medical/health professionals;

(19) Six (6) representatives from nongovernment 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) nongovernment
organizations, they shall serve for a term of two (2) years, renewable upon recommendation

of the Council.

SEC. 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.

SEC. 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.

SEC. 48. Appropriations. – The amount of Twenty million pesos (P20,000,000) 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.

54
 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.

SEC. 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.

SEC. 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.

SEC. 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.

55
REPUBLIC ACT No. 11166

An Act Strengthening the Philippine Comprehensive Policy on Human Immunodeficiency Virus

(HIV) and Acquired Immune Deficiency Syndrome (AIDS) Prevention, Treatment, Care, and
Support, and, Reconstituting the Philippine National Aids Council (PNAC), Repealing for the
Purpose Republic Act No. 8504, Otherwise Known as The "Philippine Aids Prevention and Control
Act of 1998", and Appropriating Funds Therefor

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. Short Title. - This Act shall be known as the "Philippine HIV and AIDS Policy Act".

Section 2. Declaration of Policies. - The Human Immunodeficiency Virus (HIV) and Acquired Immune
Deficiency Syndrome (AIDS) are public health concerns that have wide-ranging social, political, and
economic repercussions. Responding to the country's HIV and AIDS situation is therefore imbued with
public interest and shall be anchored on the principles of human rights upholding human dignity.

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

The State shall respect, protect, and promote human rights as the cornerstones of an effective response to
the country's HIV and AIDS situation. Hence, HIV and AIDS education and information dissemination
should form part the right to health.

The meaningful inclusion and participation of persons directly and indirectly affected by the HIV and AIDS
situation, especially persons living with HIV, are crucial in eliminating the virus. Thus unless otherwise
provided in this Act, the confidentiality and non-compulsory nature of HIV testing and HIV-related testing
shall always be guaranteed and protected by the State.

Towards this end, the State shall ensure the delivery of non-discriminatory HIV and AIDS services by
government and private HIV and AIDS service providers, and develop redress mechanisms for persons
living with HIV to ensure that their civil, political, economic, and social rights are protected.

56
Accordingly, the State shall:

(a) Establish policies and programs to prevent the spread of HIV and deliver treatment, care, and support
services to Filipinos living with HIV in accordance with evidence-based strategies and approaches that
uphold the principles of human rights, gender-responsiveness, and age-appropriateness, including
meaningful participation of communities affected by the country's HIV and AIDS situation;

(b) Adopt a multi-sectoral approach in responding to the country's HIV and AIDS situation by ensuring tha
the whole government approach, local communities, civil society organizations (CSOs), and persons living
with HIV are at the center of the process;

(c) Ensure access to HIV- and AIDS-related services by eliminating he climate of stigma and discrimination
that surrounds the country's HIV and AIDS situation, and the people directly and indirectly affected by it;
and

(d) Positively address and seek to eradicate conditions that aggravated the spread of HIV infection, which
include poverty. Gender ineqaulity, marginalization, and ignorance.

Section 3. Definition of Terms. - For the purposes of this Act, the following terms shall be defines as
follows:

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

(b) Anti-retroviral Therapy (ART) refers to the treatment that stops or suppresses viral replication or
replications of a retrovirus like HIV, thereby slowing down the progression of infection;

(c) Bullying refers to any severe or repeated use by one or more persons of a written, verbal or electronic
expression, or a physical act of gesture, or any combination thereof, directed at another person that has the
effect of actually causing or placing the latter in reasonable fear of physical or emotional harm or damage
to one's property; creating a hostile environment for the other person; infringing on the rights of another
persons; or materially and substantially disrupting the processes or orderly operation of an institution or
organization;

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

(e) Community-Based Research refers to study undertaken in community settings, which involve
community members in the design and implementation of research projects;

(f) Comprehensive Health Intervention for Key Populations refers to evidence-based policies, programs,
and approaches that aim to reduce transmission of HIV and its harmful consequences on health, social
relations and economic conditions;

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(g) Compulsory HIV Testing refers to HIV testing imposed upon an individual characterized by lack of
consent, use of force or intimidation, the use of testing as a prerequisite for employment or other purposes,
and other circumstances when informed choice is absent;

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

(i) Evolving Capacities of the Child refers to the concept enshrined in Article 5 of the Convention on the
Rights of the Child recognizing the developmental changes and the corresponding progress in cognitive
abilities and capacity for self-determination undergone by children as they grow up, thus requiring parents
and others charged with the responsibility for the child to provide varying degrees of protection, and to
allow their participation in opportunities for autonomous decision-making;

(j) Gender Expression refers to the way a person communicates gender identity to others through behavior,
clothing, hairstyles, communication or speech pattern, or body characteristics;

(k) Gender Identity refers to the personal sense of identity as characterized, among others, by manner of
clothing, inclinations, and behavior in relation to masculine or feminine conventions. A person may have a
male or female identity with the physiological characteristics of the opposite sex;

(l) Health Maintenance Organizations (HMO) refers to juridical entities legally organized to provide or
arrange for the provision of pre-agreed or designated health care services to its enrolled members for a
fixed pre-paid fee for a specified period of time;

(m) High-risk Behavior refers to a person's involvement in certain activities that increase the risk of
transmitting or acquiring HIV;

(n) Human Immunodeficiency Virus (HIV) refers to the virus, of the type called retrovirus, which infects
cells of the human immune system, and destroys or impairs the cells' function. Infection with HIV results
in the progressive deterioration of the immune system. Leading to immune deficiency;

(o) HIV Counseling refers to the interpersonal and dynamic communication process between a client and
a trained counselor, who is bound by a code of ethics and practice to resolve personal, social, or
psychological problems and difficulties, and whose objective in counseling in the context of an HIV
diagnosis is to encourage the client to anxiety and stress, plan for the future (keeping healthy, the context
of a negative HIV test result, to encourage the client to explore motivations, options, and skills to stay HIV-
negative;

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

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(q) HIV and AIDS Monitoring refers to the documentation and analysis of the number of HIV and AIDS
infections and the pattern of its spread;

(r) HIV and AIDS Prevention and Control refers to measures aimed at protecting non-infected persons from
contracting HIV and minimizing the impact of the condition on persons living with HIV;

(s) HIV-Negative refers to the absence of HIV or HIV antibodies upon HIV testing;

(t) HIV-Positive refers to the presence of HIV infection as documented by the presence of HIV and HIV
antibodies in the sample being tested;

(u) HIV Testing refers to any facility-based, mobile medical procedure, or community-based screening
modalities that are conducted to determine the presence or absence of HIV in a person's body. HIV testing
is confidential, voluntary in nature and must be accompanied by counseling prior to and after the testing,
and conducted only with the informed consent of the person;

(v) HIV-related Testing refers to any laboratory testing or procedure done or an individual in relation to a
person's HIV condition;

(w) HIV Testing Facility refers to any DOH accredited on-site or mobile testing center, hospital, clinic,
laboratory, and other facility that has the capacity to conduct voluntary HIV counseling and HIV testing;

(x) HIV Transmission refers to the transfer of HIV from one infected person to an uninfected individual,
through unprotected sexual intercourse, blood transfusion, sharing of contaminated intravenous needles,
or which may occur during pregnancy, delivery, and breastfeeding;

(y) 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 or conveyed verbally;

(z) Key Affected Populations refers to those groups or persons at higher risk of HIV exposure, or affected
populations whose behavior make them likely to be exposed to HIV or to transmit the virus;

(aa) Laboratory refers to an area or place, including community-based settings, where research studies are
being undertaken to develop local evidence for effective HIV response;

(bb) Mature Minor Doctrine refers to the legal principle that recognizes the capacity of some minors to
consent independently to medical procedures, if they have been assessed by qualified health professionals
to understand the nature of procedures and their consequences to make a decision on their own;

(cc) Medical Confidentiality refers to the core duty of medical practice where the information provided by
the patient to health practitioner and his/her health status is kept private and is not divulged to third
parties. The patient's health status can however, be shared with other medical practitioner involved in the
professional care of the patient, who will also be bound by medical confidentiality. Medical confidentiality
applies to the attending physician, consulting medical specialist, nurse, medical technologist and all other
health workers or personnel involved in any counseling, testing or professional care of the patient. It also
applies to any person who, in any officially capacity, has acquired or may have acquired such confidential
information;

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(dd) Opportunistic infections refers to illnesses caused by various organism, many of which do not cause
diseases in persons with healthy immune system;

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

(ff) Person Living with HIV (PLHIV) refers to any individual diagnosed to be infected with HIV;

(gg) Pre-exposure Prophylaxis refers to the use of prescription drugs as a strategy for the prevention of
HIV infection by people who do not have the HIV and AIDS. It is an optional treatment, which may be taken
by people who are HIV-negative but who have substantial, higher-than-average risk of contracting an HIV
infection;

(hh) Pre-test Counseling refers to the process of providing an individual with information on the
biomedical aspects of HIV AIDS, and emotional support to any psychological implications of under going
HIV testing and the test result itself before the individual is subjected to the test;

(ii) Post-exposure Prophylaxis refers to a preventive medical treatment started immediately after
exposure to pathogen(HIV) in order to prevent infection by the pathogen and the development of the
disease;

(jj) Post-test Counseling refers to the process of providing risk-reduction information and emotional
support to a person who submitted to HIV testing at the time the result is released;

(kk) Prophylactic refers to any agent or device used to prevent the transmission of an infection;

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

(mm) Redress refersto an act of compensation for unfairness, grievance, and reparation;

(nn) Safer Sex Practices refers to choices made and behaviors adopted by a person to reduce or minimize
the risk of HIV transmission. These may include postponing sexual debut, non-penetrative sex, correct and
consistent use of made or female condoms. And reducing the number of sexual partners;

(oo) Sexually Transmitted Infections (STIs) refers to infections that are spread through the transfer of
organisms from one person to another as a result of sexual contact;

(pp) Sexual Orientation refers to the direction of emotional, sexual attraction, or conduct towards people
of the same sex (homosexual orientation) or towards people of both sexes (bisexual orientation) or
towards people of the opposite sex (heterosexual orientation) or to the absence of sexual attraction
(asexual orientation);

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(qq) Social Protection refers to a set of policies and programs designed to reduce poverty and vulnerability
by promoting efficient labor markets, diminishing people's exposure to risks, and enhancing their capacity
to protect themselves against hazards, and interruptions on, or loss of income;

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

(ss) Treatment hubs refer to private and public hospitals or medical establishments accredited by the DOH
to have the capacity and facility to provide treatment and care services to PLHIV;

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

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

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

ARTICLE I

THE PHILIPPINE NATIONAL AIDS COUNCIL

Section 4. Philippine National AIDS Council (PNAC). - the PNAC, established under Section 43 of
Republic Act No. 8504, otherwise known as the "Philippine AIDS Prevention and Control Act of 1998", shall
be reconstituted and streamlined to ensure the implementation of the country's response to the HIV and
AIDS situation.

The PNAC shall be an agency attached to the DOH with a separate budget under the General Appropriations
Act (GAA). It shall have its own secretariat and staffing pattern that shall be headed by an executive
director.

Section 5. Functions. - The PNAC shall perform the following functions;

(a) Develop the AIDS Medium Term Plan (AMTP) in collaboration with relecant government agencies,
CSOs, the PLHIV community, and the other stakeholders;

(b) Ensure the operationalization and implementation of the AMTP;

(c) Strengthen the collaboration between government agencies and CSOs involved in the implementation
of the national HIV and AIDS response, including the delivery of HIV and AIDS related services;

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(d) Develop and ensure the implementation of the guidelines and policies provided in this Act, including
other policies that may be necessary to implement the AMTP;

(e) Monitor the progress of the response to the country's HIV and AIDS situation;

(f) Monitor the implementation of the AMTP, undertake mid-term assessments and evaluate its impact;

(g) Mobilize sources of funds for the AMTP;

(h) Mobilize its members to conduct monitoring and evaluation of HIV-related programs, policies, and
services within their mandate;

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

(j) Advocate for policy reforms to Congress and other government agencies to strengthen the country's
response to the HIV and AIDS situation;

(k) Submit an annual report to the Office of the President, Congress, and the members of the Council;

(l) Identify gaps in the national response on the part of government agencies and its partners from civil
society and international organizations, in order to develop and implement the initial interventions
required in these situations; and

(m) Recommend policies and programs that will institutionalize or continue the interventions required in
addressing the gaps identified in the national response to the HIV and AIDS situation of the country.

In addition to the powers and functions enumerated under the preceding paragraph, the members of the
PNAC shall also develop and implement individual action plans, which shall be anchored to and integrated
in the AMTP. Such action plans shall be based on the duties, powers, and functions of the individual
agencies as identified in Articles II to VII of this Act.

Section 6. Memberships and Composition. - Selection of the members of PNAC shall be based on the
following criteria:

(a) Government agencies or CSOs with direct contribution to the performance of the core functions of the
Council (oversight, direction setting and policy making);

(b) Government agencies or CSOs with existing programs, services and activities that directly contribute
to the achievement of the AMTP; and

(c) Government agencies or CSOs with existing constituencies that are targeted by the AMTP's objectives
and activities.

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The following agencies and CSOs shall be represented in the PNAC:

(1) Department of Health (DOH);

(2) Department of Education (DepEd);

(3) Department of Labor and Employment (DOLE);

(4) Department of Social Welfare and Development (DSWD);

(5) Department of the Interior and Local Government (DILG);

(6) Civil Service Commission (CSC);

(7) Commission on Higher Education (CHED);

(8) National Youth Commission (NYC);

(9) Philippine Information Agency (PIA);

(10) Department of Budget and Management;

(11) The Chairperson of the Committee on Health and Demography of the Senate of the Philippines or his
representative;

(12) The Chairperson of the Committee on Health of the House of Representative or his representative;

(13-14) Two (2) representatives from organizations of persons living with HIV and AIDS;

(15) One (1) representative from a private organization with expertise in standard setting and service
delivery; and

(16-21) Six (6) representatives from NGOs working for the welfare or identified key populations.

Except for members from government agencies, the members of the PNAC shall be appointed by the
President of the Philippines. The heads of government agencies may be represented by an official whose
rank shall not lower than an Assistant Secretary or its equivalent.

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

The PNAC shall meet at least once every quarter. The presence of the Chairperson or the Vice Chairperson
of the PNAC, and at least ten (10) other PNAC members and/or permanent representatives shall constitute
a quorum to do business, and a majority vote of those present shall be sufficient to pass resolutions or
render decisions.

The Secretary of Health shall be the permanent Chairperson of the PNAC. However, the Vice Chairperson
shall be elected from the government agency members, and shall serve for a term of three (3) years.
Members representing CSOs shall serve for a term of three (3) years renewable upon recommendation of
the Council for a maximum of two (2) consecutive terms.

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

The Secretariat shall perform the following functions:

(a) Coordinate and manage the day-to-day affairs of the PNAC;

(b) Assist in the formulation, monitoring, and evaluation of policies and the AMTP;

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

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

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

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

(g) Disseminate update, accurate, relevant, and comprehensive information about the country's HIV ad
AIDS situation to PNAC members, policy makers, and the media;

(h) Provide administrative support to the PNAC; and

(i) Coordinate, fund and implement, as directed by the PNAC, the interventions identified by the Council as
gaps in the AMTP implementation, in cooperation with the CSOs and PLHIV community.

Section 8. AIDS Medium Term Plan (AMTP). The PNAC shall formulate and periodically update the six
(6)-year AMTP, a national multi-sectoral strategic plan to prevent and control the spread of HIV and AIDS
in the country. The AMTP shall include the following.

(a) The country's target and strategies in addressing the HIV and AIDS situation;

(b) The prevention, treatment care and support, and other components of the country's response;

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

(d) The budgetary requirements and a corollary investment plan of each government agency specified in
the AMTP, and shall identify the sources of funds for its implementation.

Section 9. The Role of DOH. - The National HIV and AIDS and STI Prevention and Control Program
(NASPCP) of the DOH, which shall be composed of qualified medical specialist and support personnel with
permanent appointments, and with adequate yearly budget, shall coordinate with the PNAC for the
implementation of the health sector's HIV and AIDS and STI response as identified in the AMTP.

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

(a) Determine and monitor the magnitude and progression of HIV and AIDS in the Philippines and regularly
provide a list of priority areas with high magnitude of HIV and AIDS cases and co-infections to help the
PNAC evaluate the adequacy and efficacy of HIV prevention and treatment programs being employed;

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

(c) Submit, throughits Secretariat, quarterly and annual reports to the PNAC containing the findings of its
monitoring and evaluation activities in compliance with this mandate.

Section 10. Protection of Human Rights. - The country's response to the IV and AIDS situation shall be
anchored on the principle of human rights and human dignity. Public health concerns shall be aligned with
internationally-recognized human rights instruments and standards.

Towards this end, the members of the PNAC, in cooperation with CSOs, and in collaboration with the
Department of Justice (DOJ) and the Commission on Human Rights (CHR), shall ensure the delivery of non-
discriminatory HIV and AIDS services by government and private HIV and AIDS service provider. Further,
the DOJ and CHR, in coordination with the PNAC, shall take the lead in developing redress mechanisms for
PLHIV and key affected populations to ensure that their civil, political, economic, and social rights are
protected. The PNAC shall cooperate with local government units (LGUs) to strengthen existing mediation
and reconciliation mechanisms at the local level.

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 ARTICLE II

INFORMATION, EDUCATION AND COMMUNICATION

Section 11. Prevention Program. - There shall be an HIV and AIDS prevention program that will educate
the public on HIV and AIDS and other STIs with the goal of reducing risky behavior, lowering
vulnerabilities, and promoting the human rights of PLHIV.

The PNAC shall promote and adopt a range of measures and interventions, in partnership with CSOs that
aim to prevent, halt, or control the spread of HIV in the general population, especially among the key
populations and vulnerable communities. These measures shall likewise promote the rights, welfare, and
participation of PLHIV and the affected children, young people, families, and partners of PLHIV.

The HIV and AIDS education and prevention programs shall be age-appropriate and based on up0to-date
evidence and scientific strategies, and shall actively promote:

(a) Safer sec practices among the general population, including sexual abstinence, sexual fidelity, and
consistent and correct condom use especially among key populations;(b) Other practices that reduce risk
of HIV infection;

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

(d) Knowledge of the health, civil, political, economic, and social rights of PLHIV and their families.

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

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

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

Section 13. Education for Parents and Guardians. - The DepEd in coordination with parent-teacher
organizations in schools and communities shall conduct awareness-building seminars in order to provide
parents and guardians with a gender-responsive and age-sensitive HIV and AIDS education.

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Section 14. Education as Right to Health and Information. - HIV and AIDS education and information
dissemination shall form part of the constitutional right to health.

Section 15. HIV and AIDS Information as a Health Service. - HIV and 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 enhances to include skills
for proper information dissemination and education on HIV and AIDS. It shall likewise be considered a civic
duty of health care providers in the private sector to make available to the public such information
necessary to prevent and control the spread of HIV and AIDS, and to correct common misconceptions about
this disease. The training of health workers shall include discussions on HIV-related ethical issues such as
confidentiality, informed consent, and the duty to provide treatment.

Section 16. Education in the Workplace. - All public and private employers and employees, including
members of the Armed Forces of the Philippine (AFP) and the Philippine National Police (PNP), shall be
regularly provided with standardized basic information and instruction of HIV and AIDS, including topics
on confidentiality in the workplace and reduction or elimination of stigma and discrimination.

The PNAC shall develop the standardized and key messages on the prevention and control of HIV and AIDS
based on current and updated information on the disease.

The DOLE for the private sector, the SCS for the public sector, and the AFP and PNP for the uniformed
service shall implement this provision: Provided, That the standardized basic information and instruction
shall be conducted by DOLE for the private sector at no cost to the employers and employees.

Section 17. 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
attend a seminar on the causes, manner of prevention, and impact of HIV and AIDS, before being granted a
certification for overseas assignment: Provided, That Filipino workers or to the officials concerned.

The DOLE the Department of Foreign Affairs (DFA), the Commission on Filipino Overseas (CFO), and other
relevant government agencies in collaboration with the DOH, shall ensure the implementation of this
section.

Section 18. Information for Tourists and Transients. - Educational materials on the causes, modes of
transmission, prevention, and consequences of HIV infection and list of HIV counseling testing facilities
shall be adequately provided at all international and local ports of entry and exit. The PIA, together with
other relevant government agencies, in coordination with the PNAC and stakeholders in the tourism
industry, shall lead the implementation of this section.

Section 19. Education in Communities. - The DILG, the Union of Local Authorities of the Philippines
(ULAP), the League of Provinces, the League of Cities, and the League of Municipalities, through the local
HIV and AIDS Councils (LAC) or the local health boards and, in coordination with the PNAC, shall implement
a locally-based, multi-sectoral community response to HIV and AIDS through various channels on
evidence-based, gender-responsive, age-appropriate, and human rights-oriented prevention tools to stop
the spread of HIV. Gender and Development (GAD) funds and other sources may be utilized for these
purposes.

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Indigenous peoples communities and geographically isolated and disadvantaged areas (GIDA) shall also be
given due focus in the implementation of this section.

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

Section 20. Education for Key Populations and Vulnerable Communities. - To ensure that HIV services
reach key populations at higher risk, the PNAC, in collaboration with the LGUs and CSOs engaged in HIV
and AIDS education programs, such as peed education, support groups, outreach activities, and
community-based research that target these populations and other vulnerable communities. The DOH
shall, in coordination with appropriate agencies and the PNAC craft the guidelines, and standardized
information messages for peer education, support group, and outreach activities.

Section 21. Information on Prophylactics. - Appropriate information shall be attached to, or provided
with every prophylactic offered for sale or given as donation. Such information shall be legibly printed in
English and Filipino, and contain literature on the proper use of the prophylactic device or agent, and its
efficacy against HIV and STI.

Section 22. Misinformation on HIV and AIDS. - Misinformation on HIV and AIDS, which includes false
and misleading advertising and claims in any form of media. Including traditional media, internet and social
platform, and mobile applications, of the promotional marketing of drugs, devices, agents or procedures
without prior approval from the DOH through the Food and Drug Administration (FDA), and without the
requisute medical and scientific basis, including markings and indications in drugs and devices or agents,
claiming to be a cure or a fail-safe prophylactic for HIV infection shall be prohibited.

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 ARTICLE III

PEVENTIVE MEASURES, SAFE PRACTICES AND PROCEDURES

Section 23. HIV Prevention Measure. - The PNAC, in coordination with the DOH, LGUs, and other relevant
government agencies, private sector, CSOs, faith-based organizations, and PLHIVs, shall implement
preventive measures, including but not limited, to the following:

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

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

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

(d) Accessibility of ART and management of opportunistic infections;

(e) Mobilization of communities of PLHIV for public awareness campaigns and stigma reduction activities;
and

(f) Establish comprehensive human rights and evidence-based policies, programs, and approaches that aim
to reduce transmission of HIV and its harmful consequences to members of key affected populations.

The enforcement of this section shall not lead to, or result in the discrimination or violation of the rights of
PLHIV and the service provider implementing the program, including peer educators and community-
based testing providers.

Section 24. Comprehensive Health Intervention for Key Populations. - The DILG and DOH, in
partnership with the key populations, shall establish a human rights and evidence-based HIV prevention
polcyand program for people whi have higher risk of HIV infection and other key populations.

The presence of used or unused prophylactic shall not be used ad basis to conduct raids or similar police
operations in sites and venues of HIV prevention interventios. The DILG and DOH, in coordination with
LGUs, shall etsablih a national policy to guarantee the implementation of this provision.

Section 25. Preventing Mother-to-Child HIV Transmission. The DOH shall establish a program to
prevent mother-to-child HIV transmission that shall be integrated in its maternal and child health services.

Section 26. Standard Precaution on the Donation of Blood, Tissue, or Organ. - The DOH shall enforce
the following guidelines on the donation of blood, tissue, or organ:

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

(b) All donated blood shall also be subjected to HIV testing;

(c) All donors whose blood, organ or tissue has been tested positive shall be deferred from donation,
notified of their HIV status, counselled, and referred for care and clinical management as soon as possible;

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

(e) A second testing may be demanded as a matter of right by the blood, tissue, or organ recipient or his/her
immediate relatives before transfusion or transplant, except during emergency cases.

Section 27. Testing of Organ Donation. -Lawful consent to HIV testing of a donated human body, organ,
tissue, or blood shall be considered as having been given when:

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

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

Section 28. Guidelines on Medical Management, Surgical, and Other Related Procedures. The DOH
shall, in consultation with concerned professional organizations and hospital associations, issue guidelines
on medical management of PLHIV and protocol on precautions against HIV transmission during surgical,
dental, embalming, body painting, or tattooing that require the use of needles or similar procedures. The
necessary protective equipment such as gloves, goggles, and gowns shall be prescribed and required, and
made available to all physicians and health care providers, tattoo artist, and similarly exposed personnel
at all times. The DOH shall likewise issue guidelines on the handling and disposal of cadavers, body fluids,
or wastes of persons known or believed to be HIV-positive.

ARTICLE IV

SCREENING, TESTING AND COUNSELING

Section 29. HIV Testing. - As a policy, the State shall encourage voluntary HIV testing. Written consent
from the person taking the test must be obtained before HIV testing.

HIV testing shall be made available under the following circumstances:

(a) In keeping with the principle of the evolving capacities of the child as defined in Section 3(i) of this Act,
if the person is fifteen (15) to below eighteen (18) years of age, consent to voluntary HIV testing shall be
obtained from the child without the need of consent from a parent or guardian;

(b) In keeping with the mature minor doctrine as defined in Section 3(bb) of this Act, Any young person
aged below fifteen (15) who is pregnant or engaged in high-risk behavior shall be eligible for HIV testing
and counseling, with the assistance of a licensed social worker or health worker. Consent to voluntary HIV
testing shall be obtained from the child without the need of consent from a parent or guardian; and

(c) In all other cases not covered by (b) of this section, consent to voluntary HIV testing shall be obtained
from the child's parent or legal guardian if the person is below fifteen (15) years of age or is mentally
incapacitated. In cases when the child's parents or legal guardian cannot be located despite reasonable
efforts, or if the child's parent or legal guardian refused to give consent of the minor shall also be required
prior to the testing.
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In every circumstance, proper counseling shall be conducted by a social worker, a health care provider, or
other health care professional accredited by the DOH or the DSWD.

HIV testing guidelines issued by the DOH shall include guidance for testing minors and for the involvement
of parents or guardians in HIV testing of minors.

The State shall continually review and revise, as appropriate, the HIV diagnostic algorithm based on
current available laboratory technology and evidence.

Section 30. Compulsory HIV Testing. Compulsory HIV testing shall be allowed only in the following
instances:

(a) When it is necessary to test a person who is charges with any of the offenses punishable under Articles
264 and 266 on serious and slight physical injuries, and Article 335 and 338 on rape and simple seduction,
both of Act No. 3815 or the "The Revised Penal Code", as amended, and as also amended by Republic Act.
No. 8553, otherwise known as "The Anti-Rape Law of 1997";

(b) When it is necessary to resolve relevant issues under Executive Order No. 209, otherwise known as
"The Family Code of the Philippines"; and

(c) As a prerequisite in the donation of blood in compliance with the provisions of Republic Act No. 7170,
otherwise known as the "Organ Donation Act of 1991", and Republic Act No. 7719, otherwise known as the
"National Blood Services Act of 1994".

Section 31. Mechanisms and Standards on Routine Provider-Initiated and Client-Initiated HIV
Counseling and Testing. - To implement this section, the DOH shall:

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

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

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

(d) Accredit competent HIV and AIDS counselors for persons with disability including but not limited to,
translator for the hearing-impaired and Braille for the visually-impaired clients, in coordination with the
National Council for Disability Affairs (NCDA);

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

71
(f) Ensure access to routine provider-initiated counseling and testing as part of clinical are in all health
care in all health care settings for the public.

All HIV testing facilities shall provide free pre-test and post-test HIV counseling to individuals who wish to
avail of HIV testing, which shall likewise be confidential. No HIV testing shall be conducted without
informed consent. The State shall ensure that specific approaches to HIV counseling and testing are
adopted based on the nature and extent of HIV and AIDS incidence in the country.

Pre-test counseling and post-test counseling shall be done by the HIV and AIDS counselor, licensed social
worker, licensed health service provider for free.

Section 32. HIV Testing for Pregnant Women. - A health care provider who offers pre-natal medical care
shall offer provider-initiated HIV testing for pregnant women. The DOH shall provide the necessary
guidelines for healthcare providers in the conduct of the screening procedure.

ARTICLE V

HEALTH AND SUPPORT SERVICES

Section 33. Treatment of Persons Living with HIV and AIDS. - The DOH shall establish a program that
will provide free and accessible ART and medication for opportunistic infections to all PLHIVs who are
enrolled in the program. It shall likewise designate public and private hospitals to become treatment s
hubs. A manual of procedures for management of PLHIVshall be developed by the DOH.

Section 34. Access to Medical Services by Indigents. - Indigent persons living with HIV shall not be
deprived of access to medical services. The DOH and DSWD shall establish a program that will support
better access to ART and medication for opportunistic infections to all indigent PLHIV, which includes
financial support for necessary medical services related to the person's HIV condition.

Section 35. Economic Empowerment and Support. - PLHIV shall not be deprives of any employment,
livelihood, micro-finance, self-help, and cooperative programs by reason of their HIV status. The DSWD, in
coordination with the DILG, DOLE, and TESDA, shall develop enabling policies and guidelines to ensure
economic empowerment and independence designed for PLHIV.

Section 36. Care and Support for Persons Living with HIV. - The DSWD, in coordination with the DOH,
shall develop care and support programs for PLHIV, which shall include peer-led counseling and support,
social protection, welfare assistance, and mechanisms for case management. These programs shall include
care and support for the affected children, families, partners, and support groups of PLHIV.

Section 37. Care and Support for Overseas Workers Living with HIV. - The Overseas Workers Welfare
Administration (OWWA), in coordination with the DOH, DSWD, DFA, CFO, and the Bureau of Quarantine
and International Health Surveillance, shall develop a program to provide a stigma-free comprehensive
reintegration, care, and support program, including economic, social, medical support for overseas
workers, regardless of employment status and stage in the migration process.
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Section 38. Care and Support for Affected Families, Intimate Partners, Significant Others and
Children of People Living with HIV. - The DSWD, DOH, and LGUs, in consultation with CSOs and affected
families of PLHIV shall develop care and support programs for affected families, intimate partners,
significant others, and children of PLHIV, which shall include the following:

(a) Education programs that reduce HIV-related stigma, including counseling to prevent HIV-related
discrimination within the family;

(b) Educational assistance for children infected with HIV and children orphaned by HIV and AIDS; and

(c) HIV treatment and management of opportunistic infections for minors living HIV who are not eligible
under the Outpatient HIV and AIDS Treatment (OHAT) Package of the Philippine Health Insurance
Corporation (PhilHealth).

Section 39. Care and Support Program in Prisons and Others Closed-Setting Institutions. - All
prisons, rehabilitation centers, and other closed-setting institutions shall have comprehensive STI, HIV and
AIDS prevention and control program that includes HIV education and information, HIV counseling and
testing, and access to HIV treatment and care services. The DOH, in coordination with DILG, DOJ, and DSWD,
shall develop HIV and AIDS comprehensive programs and policies, which include the HIV counseling and
testing procedures in prisons, rehabilitation centers, and other closed-setting institutions.

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

Section 40. Non-discriminatory HIV and AIDS Services. - The members of the PNAC, in cooperation with
the CSOs, and in collaboration with DOJ and CHR, shall ensure the delivery of non-discriminatory HIV and
AIDS services by government and private HIV and AIDS service providers.

Section 41. Protection of HIV Educators, Licensed Social Workers, Health Workers, and Other HIV
and AIDS Service Providers from Harrassment. - Any person involved in the provision of HIV and AIDS
services, including peer educators, shall be protected from suit, arrest or prosecution, and from civil,
criminal or administrative liability, on the basis of their delivery of such services in HIV prevention. This
protection does not cover acts which are committed in violated of this Act.

Section 42. Health Insurance and Similar Health Services. - The PhilHealth shall:

(a) Develop a benefit package for PLHIV that shall include coverage for in-patient and out-patient medical
and diagnostic service, including medication and treatment;

(b) Develop a benefit package for the unborn and the newborn child from infected mothers;

(c) Set a preference price for HIV services in government hospitals;

73
(d) Conduct programs to educate the human resource units of companies on the PhilHealth package on HIV
and AIDS; and

(e) Develop a mechanism for orphans living with HIV to access HIV benefit package.

The PhilHealth shall enforce confidentiality in the provision of these packages to PLHIV. No PLHIV shall be
denied or deprived of private health insurance under a Health Maintenance Organization (HMO) and
private life insurance coverage under a life insurance company on the basis of the person's HIV status.
Furthermore, no person shall be denied of his insurance claims if he dies of HIV or AIDS under a valid and
subsisting life insurance policy.

The insurance Commission (IC) shall implement this provision and shall develop the necessary policies to
ensure compliance.

Section 43. HIV and AIDS Monitoring and Evaluation. - The DOH shall maintain a comprehensive HIV
and AIDS monitoring and evaluation program that shall serve the following purposes:

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

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

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

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 ARTICLE VI

CONFIDENTIALITY

Section 44. Confidentiality. - The confidentiality and privacy of any individual who has been tested for
HIV, has been exposed to HIV, has HIV infection or HIV- and AIDS-related illnesses, or was treated for HIV-
related illnesses shall be guaranteed. The following acts violate confidentiality and privacy:

(a) Disclosure of Confidential HIV ad AIDS Information. - Unless otherwise provided in Section 45 of this
Act, it shall be unlawful to disclose, without written consent, information that a person has AIDS, has
undergone HIV-related test, has HIV infection or HIV-related illnesses, or has been exposed to HIV.

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

(b) Media Disclosure. - It shall be unlawful for any editor, publisher, reporter or columnist, in case of
printed materials, or any announcer or producer in case of television and radio broadcasting, or any
producer pr director of films in case of the movie industry, or any other individual or organization in case
of social media, to disclose the name, picture, or any information that would reasonably identify persons
living with HIV and AIDS, or any confidential HIV and AIDS information, without the prior written consent
of their subjects except when the persons waive said confidentiality through their own acts and omissions
under Section 4(a) of Republic Act No. 10175, Otherwise known as the "Cybercrime Prevention Act of
2012" and Section 25 of Republic Act No. 10173, "Data Privacy Act of 2012".

Section 45. Exceptions. - Confidential HIV and AIDS information may be released by HIV testing facilities
without consent in the following instances:

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

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

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

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Section 46. Disclosure of HIV-Related Test Results. - The result of any test related to HIV shall be
disclosed by the trained service provider who conducts pre-test and post-test counseling only to the
individual who submitted to the test. If the patient is below fifteen (15) years old, an orphan, or is mentally
incapacitated, the result may de disclose to either of the patient's parents, legal guardian, or a duly assigned
licensed social worker or health worker, whichever is applicable" Provided, That when a person below
fifteen(15) years of age and not suffering from any mental incapacity, has given voluntary and informed
consent to the procedure in accordance with Section 29(b) of this Act, the result of the test shall be disclose
to child: Provided, further, That the child should be given age-appropriate counseling and access to
necessary health care and sufficient support services.

It may also de disclose to a person authorized to receive such results in conjunction with the DOH
Monitoring Body as provided in Section 43 of this Act.

Section 47. Disclosure to Persons with Potential Exposure to HIV. - Any person who, after having been
tested, is found to be infected with HIV is strongly encouraged to disclose this health condition to the
spouse, sexual partners, and/or any person prior to engaging in penetrative sex or any potential exposure
to HIV. A person living with HIV may seek help from qualified professionals including medical professionals
health workers, peer educators, or social workers to support him in disclosing this health condition to one's
partner or spouse. Confidentiality shall likewise be observed. Further the DOH, through the PNAC, shall
establish an enabling environment to encourage newly tested HIV positive individuals to disclose their
status to partners.

Section 48. Duty of Employers, Heads of Government Offices, Heads of Public and Private Schools or
Training Institutions, and Local Chief Executives. - It shall be the duty of private schools and training
institutions, and local chief executives over all private establishments within their territorial jurisdiction,
to prevent or deter acts of discrimination against PLHIV, and to provide procedures for the resolution,
settlement, or prosecution of acts of discrimination against PLHIV, and to provide procedures for the
resolution, settlement, or prosecution of acts of discrimination. Towards this end, the private employer,
head of office, or local chief executive shall:

(a) Promulgate rules and regulations prescribing the procedure for the investigation of discrimination
cases and the administrative sanctions thereof; and

(b) Create an ad hoc committee on the investigation of discrimination cases,

The committee shall conduct meetings to increase the members' knowledge and understanding of HIV and
AIDS, and to prevent incidents of discrimination. It shall also conduct the administrative investigation of
alleged cases of discrimination.

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 ARTICLE VII

DISCRIMINATORY ACTS AND PRACTICES AND CORRESPONDING PENALTIES

Section 49. Discriminatory Acts and Practices. - The following discriminatory acts and practices shall
be prohibited:

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

(b) Discrimination in Learning Institution. - Refusal of admission, expulsion, segregation, imposition of

harsher disciplinary actions, or denial of benefits or services of student or a prospective student solely or
partially on the basis of actual, perceived, or suspected HIV status;

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

(d) Restrictions on Shelter. - Restrictions on housing or lodging, whether permanent or temporary, solely
or partially on the basis of actual, perceived, or suspected HIV status;

(e) Prohibition from Seeking or Holding Public Office. - Prohibition on the right to seek an elective or
appointive public office solely or partially on the basis of actual, perceived, or suspected HIV status;

(f) Exclusion from Credit and Insurance Services. - Exclusion from health, accident or life insurance, or
credit and loan services, including the extension of such loan or insurance facilities, of an individual solely
or partially on the basis of actual, perceived, or suspected HIV status: Provided, That the PLHIV has not
concealed or misrepresented the fact to the insurance company or loan or credit service provider upon
application;

(g) Discrimination in Hospitals and Health Institutions. - Denial of health services, or being charges with a
higher fee, on the basis of actual, perceived or suspected HIV status is discriminatory act and is prohibited;

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

(i) Act of Bullying. - Bullying in all forms, including name-calling, upon a person based on actual, perceived,
or suspected HIV status, including bullying in social media and other online portals; and

(j) Other similar or analogous discriminatory acts.1avvphi1

77
Section 50. Penalties. -

(a) Any person who commits the prohibited act under Section 22 of this Act on misinformation on
HIV and AIDS shall, upon conviction, suffer the penalty of imprisonment ranging from one (1) year
but not more than ten (10) years a fine of not less than Fifty thousand pesos (50,000.00) but not
more than Five hundred thousand pesos (P500,000.00), or both, at the discretion if the court:
Provided, That if the offender is a manufacturer, importer or distributor of any drugs, devices,
agents, and other health products found in violation of Section 21 of this Act may be seized and held
in custody when the FDA Director-General has reasonable cause to believe facts found by him/her
or an authorized officer or employee of the FDA that such health products may cause injury or
prejudice to the consuming public;

(b) Any person who violates the second sentence of Section 24 of this Act on police operations vis-
à-vis comprehensive health intervention for key populations shall upon conviction, suffer the
penalty of imprisonment of one (1) year to five (5) years, and a fine of not less than One hundred
thousand pesos (P100,000.00), but not more than Five hundred thousand pesos (P500,000.00):
Provided, That the law enforcement agents found guilty shall be removed from public service;

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

The permit or license of the business entity and the accreditation of the HIV testing centers may cancelled
or withdrawn if these establishments fail to maintain safe practices and procedures as may be required by
the guidelines formulated in compliance with Section 26, on blood, tissue, or organ donations, and Section
28, on medical management, surgical, and other related procedures;

(d) Any person who violates Section 41 of this Act, on the protection of HIV and AIDS service
providers from harassment shall, upon conviction, suffer the penalty of imprisonment of six (6)
months to five (5) years, and a fine of not less than One hundred thousand pesos (P100,000.00), but
not less that Five hundred thousand pesos (P500,000.00): Provided, That if the person who violates
this provision is a law enforcement agent or a public official, administrative sanctions may be
imposed in addition to imprisonment and/or fine, at the discretion of the court;

(e) Any person, natural or juridical, who violates the provisions of Section 42 of this Act on health
insurance and similar services shall, upon conviction, suffer the penalty of imprisonment of six
(6)months to five (5) years, and/or a fine of not less than Fifty thousand (P50,000.00), at the
discretion of the court, and without prejudice to the imposition of administrative sanctions such as
fines, suspensions or revocation of business permit, business license or accreditation, and
professional license;
78
 (f) Any person who violates the provisions of Section 44 of this Act on confidentiality shall, upon
conviction, suffer the following penalties:

(1) Six months to two (2) years of imprisonment for any person who breaches
confidentiality, and/or a fine of not less than Fifty thousand pesos (P50,000.00), but not more than
One hundred fifty thousand pesos (P150,000.00), at the discretion of the court;

(2) Two years and one (1) day to five (5) years of imprisonment for any person who causes
the mass dissemination of the HIV status of a person, including spreading the information online or
making statements to the media, and/or a fine of not less than One hundred fifty thousand pesos
(P150,000.00), but not more than Three hundred fifty thousand pesos (P350,000.00), at the
discretion of the court; and

(3) Five years and one (1) day to seven (7) years of imprisonment for any health
professional, medical instructor, worker, employer, recruitment agency, insurance company, data
encoder, and other custodian of any medical record, file, data, or test result who breaches
confidentiality, and/or a fine of not less than Three hundred fifty thousand pesos (P350,000.00),
but not more than Five hundred thousand pesos (P500,000.00), at the discretion of the court.

These penalties are without prejudice to any administrative sanction or civil suit that may be bought
against persons who violate confidentiality under this Act.

(g) Any person who shall violate any of the provisions in Section 49 on discriminatory acts and
practices shall, upon conviction, suffer the penalty of imprisonment of six (6) months to five (5)
years, and/or a fine of not less than Fifty thousand pesos (P50,000.00), but not more than Five
hundred thousand (P500,000.00), at the discretion of the court, and without prejudice to the
imposition of administrative sanctions such as fines, suspension or revocation of business permit,
business license or accreditation, and professional license; and

(h) Any person who has obtained knowledge of confidential HIV and AIDS information and uses
such information to malign or cause damage injury, or loss to another person shall face liability
under Articles 19, 20, 21 and 26 of the new Civil Code of the Philippines and relevant provisions of
Republic Act No. 10173, otherwise known as the "Data Privacy Act of 2012".

If the offender is a corporation, association, partnership or any other juridical persons, the penalty of
imprisonment shall be imposed upon the responsible officers and employees, as the case may be, who
participated in, or allowed by their gross negligence, the commission on the crime, and a fine shall be
imposed jointly and severally on the juridical person and the responsible officers and/or employees.
Furthermore, the court may suspend or revoke its license or business permit.

If the offender is an alien, he/she shall, in addition to the penalties prescribed herein, be deported without
further proceedings after serving penalties herein prescribed.

79
If the offender is a public official or employee, he/she shall, in addition to the penalties herein, suffer
perpetual or temporary absolute disqualification from office, as the case may be.

Section 51. Penalties Collected. - The penalties collected pursuant to this section shall be put into a
special fund to be administered by the PNAC, and shall be use for initial interventions required to address
gaps in the national response on the part of government agencies and its partners from civil society and
international organizations in accordance with Section 5(l) of this Act.

ARTICLE VIII

FINAL PROVISIONS

Section 52. Appropriations. The amount needed for the initial implementation of this Act shall be charged
against the appropriations for the DOH.1âwphi1 Thereafter, such sums as may be necessary for the
continued implementation of this Act shall be included in the annual General Appropriations Act.

The DBM, in coordination with the Department of Finance (DOF) and the DOH, and other relevant
government agencies, shall consider the incidence of HIV and AIDS, in determining the annual
appropriations for the implementation of thus Act in accordance with the AMTP. A separate budget item
in the annual appropriations of the LGUs shall be allocated for their action plans specified in this Act.

The funding requirement needed to provide for the health insurance package and other services for the
PLHIV as stated in Section 42 hereof shall be charged against the PhilHealth's corporate funds.

The funding needed to upgrade or construct government administered HIV testing and treatment centers
shall be funded from the revenues of the sin tax under Republic Act No. 8424, othewise known as the
"National Internal Revenue Code", as amended by Republic Act No. 10351 and shall be prioritized under
the Health Facilities Enhancement Programs of the DOH.

The funds to be appropriated for the operations of the PNAC shall be a distinct and separate budget item
from the regular appropriationsfor the DOH, and shall be administered by the Secretary of Health. In no
circumstances shall the appropriations, savings, and other resources of the PNAC be realigned to the
programs and projects of the DOH or any other government agency, unless such program ir projects is
related to the implementation of the provisions under this Act.

Section 53. Transitory Provision. - The personnel designated by the DOH as Secretariat of the PNAC
under Section 7 of this Act shall be absorbed as permanent personnel to fil the positions of the Secretariat
as provided in this Act.

Section 54. Implementing Rules and Regulations. The PNAC within ninety (90) days from the effectivity
of this Act shall promulgate the necessary implementing rules and regulations for the effective
implementation of this provisions of this Act.

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Section 55. Repealing Clause. - Republic Act No. 8504, otherwise known as the "Philippine AIDS
Prevention and Control Act of 1998", is hereby repealed.

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

Section 56. Separability Clause. - If any provision or part of this Act declared unconstitutional, the
remaining parts or provisions not affected shall remain in full force and effect.

Section 57. Effectivity. - This Act shall take effect fifteen (15) days after its complete publication in the
Official Gazette or in a newspaper of general circulation.

Approved,

GLORIA MACAPAGAL-ARROYO

Speaker of the House of Representatives

Case Problem:

A. Recent statistics of HIV cases revealed that around 12 individual who will be infected by HIV disease
a day in 2015. This shows that people should give high recommendation on preventing the virus.
One of the possible ways is to conduct voluntary testing. In your opinion, is such idea of voluntary
testing valid and in consonance with the legal policy of the state? If so, discuss.

B. Mr. James Smith a foreign student who was enrolled in Philippine school with a valid school
credential and Bureau of Immigration Requirement. The school conducted compulsory HIV testing,
Mr. Smith refused to be conducted of such test, the school denied his succeeding enrolment. Is the
school’s denying of enrollment correct? Can Smith file any action against the school?

81
CHAPTER 5 – PROFESSIONAL REGULATION COMMISSION (PRC)

REPUBLIC ACT NO. 8981

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.

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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,

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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 registrant’s 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;

84
(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;

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(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;
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 (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;
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 (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 year’s 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.

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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.

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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

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 Case Problem:

A. The Certificate of Registration issued by the PRC to Mr. X was revoked due to the ground of dishonesty.
Is the PRC regulatory Board’s decision tenable? Why? Wholly discuss the remedies on how to rebut the
revocation and suspension order made by the board with respect to the certificate of registration of
Medical Technologist.

B. Mr. Mark Stevenson was a graduate of Medical Technology in the Philippines he passed the board
examination administer by the PRC. There was a criminal complaint charged against him in his
personal act, the decision was promulgated and he was convicted. The professional regulatory board
refuses to issue him a certificate of registration. Is the PRB’s contention correct? Why?

C. The Professional Regulatory Board of Medical Technology issues a resolution number 10, series of
2015, indicating:

For consideration of the board are the following applications for registration without
examination as Medical Laboratory Technician pursuant to section 21 par (3) of the Republic ct
number 5527 known as the “Philippine Medical Technology Act of 1969” as amended.

Name Date of Exam Gen. Rating

1. Aguillon, Mary Grace Calooy March 2015 70.00%

2. Anasarias, Shelly Castillo March 2015 72.01%

Upon evaluation of the documents submitted in support of their respective application. The Board
finds that the above named applicants have met all the legal qualifications and conditions.

NOW THEREFORE, the Board RESOLVES, as it is hereby RESOLVED, to allow their registration as
Medical Laboratory Technicians. Upon approval hereof by the Commissions, let their respective Certificate of
Registration and Professional Identification Card be issued, after they shall have registered and taken their
oath as professionals.

1. Is the PRB – of Medical Technology correct in promulgating its resolution? EXPLAIN.

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CHAPTER 6 –COMPREHENSIVE DRUG ACT

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

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

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.

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 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.

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(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

94
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.
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(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.

The maximum penalty provided for under this Section shall be imposed upon any person, 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.

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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.

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 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 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 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.

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 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.
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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 who organizes,
manages or acts as a "financier" of any of the illegal activities prescribed 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 fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand 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.

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 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

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(e) Any employment of a practitioner, chemical engineer, public official or foreigner.

The maximum penalty provided for under this Section shall be imposed upon any person, 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 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 (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 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.

The maximum penalty provided for under this Section shall be imposed upon any person, 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;

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(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

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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.

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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.

The maximum penalty provided for under this Section shall be imposed upon any person, 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 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 fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand 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
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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;

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(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.

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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.

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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:
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(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.

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 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.

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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.

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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.

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(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.

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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.

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 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.

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 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.

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 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.

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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.

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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.

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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.

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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.

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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

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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.

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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.

Case study:

A. Mr. Thompson was applying for a job in a call center company. Under the company’s policy all
applicants must undergo with drug testing requirements. Mr. Thompson refused to be tested with
such drug test. The company removed him for the position that he was applying for that reason. Is the
company’s policy objectionable and valid?

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 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.

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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.

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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;

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(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;

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 (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.

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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;

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(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

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 (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.

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 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.
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 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:
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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.

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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.

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 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.

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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.

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CHAPTER 7 – OTHER RELATED LAWS TO MEDICAL TECHNOLOGY PRACTICE

REPUBLIC ACT NO. 7170

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.”

SEC. 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.

e) “Hospital” – a hospital licensed, accredited or approved 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:

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 restoring such natural functions. In this case, death shall be deemed to
have occurred at the time when these conditions first appeared.

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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 patients. The death shall be
recorded in the patient’s medical record.

SEC. 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.

SEC. 4. Person Who May Execute a Donation. –

a) Any of the following persons, in the order of priority 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.

SEC. 5. Examination of Human Body or Part Thereof. – A legacy or 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.

SEC. 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.

SEC. 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.

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SEC. 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.

SEC. 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 recipient of the organ to be removed; nor

c) The head of hospital or the designated officer authorizing the removal of the organ.

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SEC. 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.

SEC. 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 his 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.

SEC. 12. Amendment or Revocation of Legacy or Donation. –

a) If the 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.

SEC. 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 or 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.

SEC. 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 human organs or tissues at any time.

SEC. 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.
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The Secretary of Health shall endeavor to persuade all health professionals, both government and private, to
make an appeal for human organ donation.

SEC. 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.

SEC. 17. Repealing Clause. – All laws, decrees, ordinances, rules and regulations, executive or administrative
orders, and other presidential issuances inconsistent with this Act, are hereby repealed, amended or modified
accordingly.

SEC. 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.

SEC. 19. Effectivity. – This Act shall take effect after fifteen (15) days following its publication in the Official
Gazette or in at least two (2) newspapers of general circulation.

Approved, January 7, 1992

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 Republic Act No. 9288

April 07, 2004

AN ACT PROMULGATING A COMPREHENSIVE POLICY AND A NATIONAL SYSTEM FOR ENSURING NEWBORN
SCREENING

Be it enacted by the Senate and House of Representatives of the Philippine Congress 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.

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 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.

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 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.

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 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.

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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.

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 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.

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CHAPTER 8 – HIGHER EDUCATION ACT AND MEDICAL TECHNOLOGY EDUCATION

REPUBLIC ACT NO. 7722

AN ACT CREATING THE COMMISSION ON HIGHER EDUCATION,

APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

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

SEC. 1. Title. - This Act shall be known as the “Higher Education Act of 1994”.

SEC. 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.

SEC. 3. Creation of the Commission on Higher Education. - In pursuance of the abovementioned 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.

SEC. 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.

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SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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;
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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.

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SEC. 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 secretariat’s
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.

SEC. 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 Government’s 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.

SEC. 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.

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SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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 donor’s tax, subject to such conditions as provided under the National Internal
Revenue Code, as amended.

SEC. 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.

SEC. 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 degreegranting-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.

SEC. 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
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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 statesupported 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.

SEC. 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.

SEC. 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.

SEC. 21. Effectivity. - This Act shall take effect upon its approval.

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