REPUBLIC ACT No.
5921 AN ACT REGULATING THE PRACTICE OF PHARMACY Education, the Board of Pharmacy, the bona fide national
AND SETTING STANDARDS OF PHARMACEUTICAL EDUCATION IN THE
PHILIPPINES AND FOR OTHER PURPOSES.
ARTICLE 1
Objectives and Implementation
Section 1. Objectives. This Act provides for and shall govern (a) the
standardization and regulation of pharmaceutical education; (b) the examination
for registration of graduates of schools of pharmacy and (c) the supervision,
control and regulation of the practice of pharmacy in the Philippines.
Section 2. Enforcement. For the purposes of implementing the provisions of this
Act, the Council of Pharmaceutical Education and the Board of Pharmacy are
hereby created.
ARTICLE II
The Council of Pharmaceutical Education
Section 3. The Council of Pharmaceutical Education and its composition. The
Council of Pharmaceutical Education shall be composed of the Secretary of
Education, Chairman, the Undersecretary of Health Services, the Food and Drug
Administrator, the Chairman of the Board of Pharmacy, the dean of the College
of Pharmacy, University of the Philippines, the dean of a college of pharmacy,
representing duly accredited private schools of pharmacy, and a representative
of the bona fide national pharmaceutical organizations in the Philippines.
It shall be incumbent upon all deans of duly accredited colleges of pharmacy of
private colleges and universities by agreement among themselves to
promulgate rules and regulations regarding the selection of one from among
their group to represent them in the said Council and it shall be incumbent upon
all presidents of bona fide national pharmaceutical organizations in the
Philippines by agreement to promulgate rules and regulations regarding the
selection of one from among them to represent them in the said Council.
The members of the Council shall hold office until their successors have been
appointed, elected or designated and duly qualified.
Section 4. Functions. The functions of the Council of Pharmaceutical Education
shall be:
(a) To promulgate rules and regulations relative to Pharmaceutical
Education in the Philippines;
(b) To submit such rules and regulations, which shall have a binding
effect, for implementation to the proper agencies such as Department of
pharmaceutical organizations in the Philippines and others;
(c) To recognize and accredit colleges of pharmacy in the different
private colleges and universities; and
(d) To approve the accreditation of community or prescription
pharmacies, pharmaceutical manufacturing laboratories and hospital
pharmacies for purposes of pharmacy internship.
Section 5. Meetings and traveling expenses. The Council of Pharmaceutical
Education shall meet at least once a month for regular business and as often as
the Council may decide. The Chairman and members of the Council of
Pharmaceutical Education shall not be entitled to any compensation except for
traveling expenses in connection with their official duties as herein provided.
ARTICLE III
The Board of Pharmacy and Examination and Registration of Pharmacists
Section 6. The Board of Pharmacy and its Composition. The Board of Pharmacy
shall be composed of a Chairman and two members who shall be appointed by
the President of the Philippines with the consent of the Commission of
Appointments, from a list of nominees recommended by the Commissioner of
Civil Service who shall secure such lists from bona fide professional national
organizations of pharmacists which should be certified in accordance with
Republic Act Numbered Five hundred forty-six.
Section 7. Qualification of Board members. To be appointed a member of the
Board of Pharmacy, a person shall be:
(a) A natural born citizen of the Philippines;
(b) A duly registered pharmacist and has been in the practice of
pharmacy for at least ten years;
(c) Of good moral character and of recognized standing in the
pharmaceutical profession;
(d) At the time of appointment, not a member of the faculty of any
school, college or university offering courses in pharmacy; nor have any
direct or indirect pecuniary interests in such school or college of
pharmacy; and
(e) A member of good standing of any bona fide national pharmaceutical
association of the Philippines.
Section 8. Tenure of office and fees of board members. The Chairman and
members of the Board of Pharmacy shall hold office for three years after
appointment or until their successors shall have been appointed and duly
qualified: Provided, That members of the first Board to be appointed after the
approval of this Act shall hold office for the following terms: Chairman for three
years, one member for two years and one member for one year: Provided,
further, That any chairman or member may be reappointed for another term of
three years but in no case shall be serve continuously for more than six years.
The most senior member of the Board shall automatically be the Chairman.
The Chairman and members of the Board shall each receive the sum of ten
pesos for each applicant examined regardless of whether or not he is already in
the government service when appointed.
Section 9. Removal of the Board members. The chairman or member of the
Board may be removed by the President of the Philippines if found guilty of
neglect of duty, incompetence, malpractice, or unprofessional, unethical,
immoral, or dishonorable conduct, after having been given the opportunity to
defend himself in a proper administrative investigation. The President may in his
discretion suspend such member under investigation: Provided, however, That
the period of suspension shall not exceed sixty days after which the latter shall
be automatically reinstated pending the outcome of the investigation.
Section 10. Executive Officer of the Board. The Commissioner of Civil Service
shall be the Executive Officer of the Board and shall conduct the examination
given by it according to the rules and regulations promulgated by him and
approved by the President of the Philippines. The Secretary of the Board of
Examiners in accordance with Republic Act Numbered Five hundred and forty six
shall also be the Secretary of the Board. To assist both officials, there shall be
appointed from the ranking employees of the Board of Examiners, an Assistant
Secretary, a Legal Officer and a Records Officer with compensation of eight
thousand eight hundred thirty-two pesos, seven thousand two hundred thirty-six
pesos and five thousand nine hundred twenty-eight pesos, respectively who may
also perform identical functions for the other existing examination boards. All
the records of the Board including examination papers, minutes of deliberation
and records of administrative proceedings shall be kept by the Secretary of the
Board.
Section 11. Powers and duties of the Board. The Board of Pharmacy,
conformably with the provisions of this Act is vested with authority:
(a) To examine applicants for the practice of pharmacy;
(b) To issue certificates of registration or pharmacists.
(c) To reprimand any pharmacist or to suspend or revoke his certificate
of registration on the grounds as provided for in Section thirteen hereof,
after a formal administrative investigation has been conducted by it.
(d) To promulgate from time to time the necessary rules and regulations
for the effective enforcement of this Act, subject to the approval of the
President upon advice of the Commissioner of Civil Service;
(e) To study the conditions affecting the practice of pharmacy in the
Philippines;
(f) To check the employment of qualified personnel in drug stores,
hospital pharmacies, drug or pharmaceutical laboratories, cosmetic
laboratories and similar establishments for which the Board may
designate inspectors from the Board of Pharmacy; and
(g) To encourage the development of botanical gardens and their
inspection particularly the propagation of Philippine medicinal plants
with the cooperation of the Department of Agriculture and Natural
Resources.
Section 12. Detailmen, requirements, qualifications and fees. Any person who
shall be employed as detailman by any pharmaceutical or drug laboratory or
other manufacturers of medical, dental pharmaceutical, biological and
veterinary products and by distributors, dealers or wholesalers of said products,
doing business directly or indirectly in the Philippines, shall be required, at the
beginning of each year, to register with the Board of Pharmacy that he is
employed as such.
(a) An applicant for registration shall be, preferably, a graduate of a
college of pharmacy.
There shall be an initial fee of twenty pesos upon registration and
thereafter fifteen pesos shall be charged annually for renewal. Upon
payment of said fees, the proper credential shall be issued to the
applicant.
(b) It shall be incumbent upon the drug establishments referred to in this
section to require that detailmen employed or to be employed by them
possess the necessary credentials issued by the Board of Pharmacy as
provided for herein.
For purposes of this section, a detailman is one who represents any duly
authorized manufacturer, dealer, distributor, representative or wholesaler of
drugs, pharmaceuticals, biologic products and devices, whose primary duty is to
introduce or reacquaint a product or products prepared, distributed or made by
said manufacturers, dealer, distributor, representative or wholesaler to the
physician, dentist, pharmacist, veterinarian or any other qualified person and
which forms part of their program for promotion by describing its use,
composition, action, dosage, administration, contra-indication, advantages and
other salient information relative to said drug, pharmaceutical, biological
product or device.
Section 13. Grounds for reprimand, suspension or revocation of registrant
certificate. Any of the following shall be sufficient ground for reprimanding a
pharmacist, or for suspending or revoking his certificate of registration:
(a) Conviction by a court of competent jurisdiction of any violation as
penalized in sections forty and forty-one hereof;
(b) Immoral or dishonorable conduct which includes conviction by a
competent court of any criminal offense involving moral turpitude;
(c) Fraud or deceit in the acquisition of the certificate of registration;
(d) Gross negligence, ignorance or incompetence in the practice of his
profession resulting in the injury damage or death of another;
(e) Malpractice, including aiding or abetting the commission of criminal
abortion or sex crimes through illegal compounding, dispensing or sale
of abortive or sex drugs as the case may be;
(f) Acting as a dummy of an alien or of a person who is not qualified to
establish and operate a retail drugstore;
(g) Addiction to alcoholic beverage or to any habit-forming drug
rendering him incompetent to practice his profession;
(h) Insanity;
(i) False or extravagant or unethical advertisements wherein other
things than his name, profession, limitation of practice, office and home
address and the like are mentioned; and
(j) Violations of any provision of the Code of Ethics which may be
adopted as part of the Rules and Regulations of the Board.
Section 14. Administrative Investigation. Administrative investigations shall be
conducted by all the members of the Board sitting en banc. The existing rules of
evidence shall be observed as far as practicable during administrative
investigations.
If the Board, by majority vote of the members, shall find that the charges are
sustained by evidence adduced, it may at its discretion reprimand the
respondent or revoke or suspend his certificate of registration. In case of
suspension, it shall be for a period of not more than six months. Where the
certificate of registration has been revoked as herein provided, the Board may,
after the expiration of six months and upon application, issue a new certificate
of registration in place of a revoked certificate without the necessity of
undergoing any examination if the respondent in the meanwhile has conducted
himself in an exemplary manner.
Section 15. Procedure and rules. The Board of Pharmacy upon receipt of a formal
complaint under oath against any pharmacist, shall furnish the latter a copy of
the complaint which he shall answer within ten days from receipt hereof. If the
Board of Pharmacy, after careful study of the records, finds that there is a valid
grounds to the charge it shall conduct a formal investigation setting the dates of
hearing thereof. For this purpose, a subpoena or subpoena duces tecum may be
issued by the Chairman of the Board. The proceedings shall at all times be
recorded. The investigation shall be terminated and resolved within ninety days
from the time of the first date of hearing has been set and heard.
Section 16. Right of respondent. The respondent pharmacist shall be entitled to
be heard by himself or be represented by counsel; to have a speedy and public
hearing to confront and to cross-examine witnesses against him; to summon and
present witnesses in his behalf; and to any other process for the protection of his
individual or civil rights.
Section 17. Appeal from judgment. The decision of the Board of Pharmacy shall
automatically become final thirty days from notice to respondent, unless the
latter after receipt of the decision and within the same period has appealed to
the President of the Philippines.
Section 18. Candidate for board examination. A candidate for the board
examination in Pharmacy shall have the following qualifications:
(a) He shall be a natural-born citizen of the Philippines;
(b) He shall be of good moral character;
(c) He shall have completed an Internship Program which shall consist of
at least nine hundred sixty hours, one-half of which shall be spent
equally distributed in a prescription pharmacy, a pharmaceutical
manufacturing laboratory and a hospital pharmacy duly accredited by
the Council of Pharmacy and the rest of the hours of internship shall be
spent in any or all of the said establishments at the choice of the
candidate.
 For this purpose, the above-mentioned prescription pharmacy,
pharmaceutical manufacturing laboratory and hospital pharmacy shall
keep a separate record of Pharmacy students who have undergone said
internship program directly under their control and as a result thereof
shall issue the proper certificate of said hours of internship. It shall also
be the duty of said establishments to submit annually a complete report
of the names of those who have undergone training under their
supervision and the corresponding number of hours of internship credit
of each of the pharmacy students to their respective colleges or school
and to the Board of Pharmacy for proper accreditation; and
(d) He shall have graduated with a degree of Bachelor of Science in
Pharmacy or with an equivalent degree from a school, college or
university duly accredited by the Council of Pharmaceutical Education
after satisfactorily completing a standard pharmacy course of not less
than five academic years.
Section 19. Scope of Examination. The pharmacist examination shall consist of
both theoretical and practical examinations. The theoretical examination shall
include subjects in Chemistry, Biological Sciences and Pharmacy.
The Chemistry subjects shall include (1) General, Inorganic, Pharmaceutical and
Physical Chemistry, (2) Organic and Medicinal or Pharmaceutical Chemistry, (3)
Qualitative, Quantitative and Drug Assaying. The Biological Science subjects
shall include (4) Physiology and Biochemistry, (5) Microbiology and Public
Health, (6) Pharmacology and Toxicology. The Pharmacy subjects shall include
(7) Botany and Pharmacognosy, (8) General Pharmacy, (9) Compounding and
Dispensing, (10) Physical and Manufacturing Pharmacy, (11) Pharmacy
Administration, and (12) Pharmaceutical Jurisprudence and Ethics. The subjects
shall be weighted as follows: Chemistry, thirty per cent; Biological Science,
twenty per cent; Pharmacy, fifty per cent.
The practical examination shall consist of (1) Identification and Analysis of
Drugs, (2) Preparation of Official Pharmaceuticals, (3) Compounding and
Dispensing of Prescriptions and Fixing of Prices of Prescriptions, and (4)
Manufacturing Pharmacy and Quality Control. The practical examination shall be
weighted as follows: Identification and Analysis of Drugs, thirty per cent;
Compounding of Official Pharmaceutical Preparations, Dispensing and Fixing of
Price of Prescription and Manufacturing Pharmacy and Quality Control, seventy
per cent.
It shall be the duty of the Board of Pharmacy to prepare the schedules of the
theoretical and practical examinations and the syllabus of each subject to be
given two months before the dates of the examination wherein they are to be
used.
Section 20. Ratings required. In order to pass the examination, a candidate must
obtain on the basis of one hundred per cent a general average of seventy-five
per cent or over in both the theoretical and practical examinations, with no
ratings below fifty per cent in more than two subjects in the theoretical
examinations: Provided, That any candidate who passed in the theoretical
examination but failed in the practical examination, may, upon taking a re-
examination, repeat only the practical examination and vice-versa: Provided,
further, That any candidate who fails to pass the theoretical or practical
examination in three successive attempts shall not be admitted in the fourth
examination unless be could present to the Board a certification that he had
enrolled and undergone within the year preceding, a pre-board review course
from a duly accredited college of Pharmacy.
Section 21. Holding of examination. Examination for registration to practice
pharmacy in the Philippines shall be given twice a year in the City of Manila and
environment as the Board of Pharmacy may fix.
Section 22. Fees for examination and registration. The Board of Pharmacy shall
charge for each applicant for examination the sum of fifty pesos, and after
passing the Board examinations, for each certificate of registration twenty
pesos; and for each duplicate registration certificate, ten pesos. All fees shall be
paid to the cashier of the Board of Examiners and all expenses, including the
fees of the Board members shall be disbursed by him from such funds.
ARTICLE IV
Practice of Pharmacy
Section 23. Definition of practice of pharmacy. A person shall be deemed to be
practicing pharmacy within the meaning of this Article, who shall, for fee, salary,
percentage or other reward paid or given directly to himself or indirectly through
another, prepare or manufacture, analyze, assay, preserve, store, distribute or
sell any medicine, drug, chemicals, cosmetics, pharmaceuticals, devices or
contrivances used in pursuance thereof; or render pharmaceutical service in any
office or drug and cosmetic establishment where scientific, technological or
professional knowledge of Pharmacy is applied; or engage in teaching scientific,
technological or professional pharmacy subject in a college of pharmacy; or
conduct or undertake scientific pharmaceutical research for biological and
bacteriological testings and examinations.
However, persons performing executive managerial or administrative functions
and their subordinate personnel employed in the pharmaceutical laboratories
referred to in the second paragraph of Section twenty-seven hereof shall not be
considered for purposes of this definition, considered persons in the practice of
pharmacy.
Section 24. Prerequisite for the practice of pharmacy. No person shall engage in
the practice of pharmacy in the Philippines unless he is at least twenty-one
years of age, has satisfactorily passed the corresponding examination given by
the Board of Pharmacy, and is a holder of a valid certificate of registration duly
issued to him by said Board.
Section 25. Sale of medicine, pharmaceuticals, drugs and devices. No medicine,
pharmaceutical, or drug of whatever nature and kind or device shall be
compounded, dispensed, sold or resold, or otherwise be made available to the
consuming public except through a prescription drugstore or hospital pharmacy,
duly established in accordance with the provisions of this Act.
Pharmaceutical, drug or biological manufacturing establishments, importers and
wholesalers of drugs, medicines, or biologic products are authorized to sell their
products only at wholesale to duly established retail drugstore or hospital
pharmacies.
Section 26. Markings and inhibition to the sale of drug samples. No sample of
any drug, biological product, device or proprietary medicine, given or intended
to be given for free to the physician and other qualified person by any
manufacturer or distributor of its representative or detailman as part of its
program or promotion, may be sold.
The statement "Sample, not for sale" shall appear conspicuously on the
container, package or carton of the drug or device to be given.
Section 27. Pharmacist required and compensation. Every pharmacy, drugstore
or hospital pharmacy whether owned by the government or a private person or
firm shall at all times when open for business be under the personal and
immediate supervision of a registered pharmacist: Provided, That no pharmacist
shall have personal supervision of more than one such establishment. In cases
where a drug establishment operates in more than one shift, each shift must be
under the supervision and control of a registered pharmacists.
Drug or pharmaceutical laboratories or similar establishments engaged in the
repackaging, manufacture or sale of drugs, biologic products and
pharmaceutical products in quantities greatly in excess of the therapeutic doses
of each substance; such processes involving the preparation, quality control or
repackaging of said products shall for each respective operation be under the
direct and immediate supervision of a registered pharmacist, or, in the sale of
pharmaceuticals, medicines and drugs at wholesale, such business shall be
conducted under the immediate supervision of a registered pharmacist
practicing only in such establishment.
Every pharmacist employed as such in any of the establishments mentioned in
this section whose capitalization is not less than ten thousand pesos shall
receive, notwithstanding any provisions of law to the contrary, a minimum
compensation similar to that of government pharmacists.
Section 28. Display of certificate required. It shall be the duty of every
pharmacist engaged in the practice of pharmacy either on his own account or
under the employ of another, to display his certificate of registration in a
prominent and conspicuous place in pharmacy, drugstore, hospital pharmacy or
drug establishment which he operates or in which he is employed. No
pharmacist shall with his knowledge allow his certificate of registration to be
displayed in such establishments when he is not actually employed or operating
therein in his professional capacity.
Section 29. Responsibility for quality of drugs. In cases of drugs,
pharmaceuticals or poisons sold in their original packings, the seal of which has
not been broken or tampered with, the liability that may arise because of their
quality and purity , rests upon the manufacturer or in his absence, upon the
importer, the distributor, representative or dealer who was responsible for their
distribution or sale.
It shall be unlawful for any reason, whoever, to manufacture, prepare, sell or
administer any prescription, drug, pharmaceutical or poison under any
fraudulent name, direction or pretense or to adulterate any drug,
pharmaceutical, medicine or poison so used, sold or offered for sale. Any drug,
pharmaceutical, medicine or poison shall be held to be adulterated or
deteriorated within the meaning of this section if it differs from the standard of
quality or purity given in the United States Pharmacopoeia or National
Formulary, both in their latest edition or, in lieu thereof, in any standard
reference for drugs and medicines given official recognition; and those which fall
within the meaning as provided for in the Food, Drug and Cosmetic Act,
(Republic Act Numbered Thirty-seven hundred twenty).
Section 30. Filling and refilling of prescription. No prescription shall be filled or
compounded except by a registered pharmacist in the employ of the drugstore
or pharmacy. It shall be incumbent upon the pharmacist so compounding or
filling the prescription to see to it that every component of the prescription
called for metes the standard or purity and quality given in the standard
references. Students undergoing pharmaceutical internship may assist said
pharmacist in the compounding and dispensing of the prescription called for.
No prescription shall be refilled except upon express order of the person so
prescribing.
Section 31. Label of dispensed medicine. Upon every box, bottle, or other
package containing medicine sold or dispensed by a pharmacist based on
prescription, there shall be pasted, affixed or imprinted a seal of label bearing,
among others, the name and address of pharmacy; the names and quantities of
the ingredients; required doses thereof, its expiration date if any; the name of
the prescriber, date and the number of prescription; and the direction for its use.
Every prescription, which in its preparation, contains any quantity of a drug
which is habit-forming, or a derivative of such drug, shall have in the label
attached to the container the added statement "Warning may be habit forming.
Every prescription for external use filled in the drugstore shall bear a red label
showing in black ink the components of such prescription and the words "For
external use only" at the bottom of the label.
Section 32. Record books for prescription. All prescriptions dispersed in the
drugstore shall be recorded in the book kept for the purpose indicating therein,
among others, the name of the manufacturer, the original stock, lot and control
numbers of the main ingredients of the prescriptions, which book shall be open
to inspection by the proper authorities at any time of the day when the
pharmacy is open to the public and must be preserved for a period of not less
than two years the last entry in it has been made. All prescription shall be
attached to said book for prescriptions and numbered consecutively and shall be
preserved for the same length of time as the prescription book.
Section 33. Inhibition against use of cipher or unusual terms in prescriptions and
prescription switching. No pharmacist shall compound or dispense prescriptions,
recipes or formulas which are written in ciphers, codes or secret keys or in which
they are employed unusual names of drugs which differ from the names
ordinarily used for such drugs in standard pharmacopoeias or formularies.
No pharmacist dispensing or compounding prescriptions shall substitute the
drug or drugs called for in the prescription with any other drug or substance or
ingredient without prior consultation with, and a written consent of, the person
prescribing.
Section 34. Provisions relative to dispensing of violent poisons. Every pharmacist
who dispenses, sells or otherwise delivers any of the violent poisons intended for
medicinal use, to wit: arsenical preparations, phosphorus; corrosive sublimate;
atropine, strychnine, or any of their salts, hycocyanic acid or any of its salts; oil
of bitter almonds containing hydrocyanic acid or prassic acid; oil of mirbane
(Nitro-benzene); and such other poisonous substances which may from time to
time be classified under this category by the Food and Drug Administration; shall
do so only upon prescription of a duly licensed physician, dentist or veterinarian.
He shall make or cause to be made in a separate book, kept for the purpose, an
entry stating the date of each sale and the name and address of the purchaser,
the name and quantity of the poison sold and the purpose for which it was
claimed to be purchased, before delivering it to the purchaser.
No prescription, the prescribed dose of which contains a dangerous quantity of
poison, shall be filled without first consulting the prescribing authority and
verifying the prescription. The pharmacist before delivery of such poison to the
purchaser shall acquaint the latter of its poisonous character.
The pharmacist shall also affix to every box, bottle or other package containing
any dangerous or poisonous drug, another label of red paper upon which shall
be printed in large letters the word "Poison" and a vignette representing a skull
and bones before delivering it to the purchaser.
No poison specified in this section shall be sold or otherwise delivered to any
person less than eighteen years of age or who is mentally deranged or under the
influence of liquor or one who is apparently addicted to opiate and other habit-
forming drugs.
The books kept for the purpose of recording the sale of violent poisons shall be
open at all times to the inspection of the proper authorities, and every such book
shall be preserved for at least five years after the last entry in it has been made.
Should any of the poisons above-stated be intended for purposes other than
medicinal, the same may be sold without a prescription by the pharmacist but
the other requirements of this section must be complied with.
Section 35. Provisions relative to dispensing of less violent poisons. Every
pharmacist who dispenses, sells or delivers any poison which is less violent in
category as classified by the Food and Drug Administration may do so even
without the prescription of a physician and its sale may be recorded in the
poison book. The other requirements as provided for in Section thirty-four
hereof, however, shall be complied with.
Section 36. Receptacle for poisonous drugs. The poisonous drugs specified in
Section thirty-four and thirty-five hereof shall be kept in a cabinet to be provided
in every pharmacy carrying such drugs in stock and the same shall be kept
securely-locked when not in use.
Section 37. Provisions relative to dispensing of abolifecients or anti-conceptional
substances and devices. No drug or chemical product or device capable of
provoking abortion or preventing conception as classified by the Food and Drug
Administration shall be delivered or sold to any person without a proper
prescription by a duly licensed physician.
The pharmacist in charge of a drug store or pharmacy after filling a prescription
containing abortive or anti-conceptional substance or devices shall record in a
separate register book for abortives and anti-conceptionals, the following data;
(a) Number and date of the prescription;
(b) Name and address of the physician;
(c) Name, quantity and manufacturer of the drug;
 (d) Name and address of the purchaser;
(e) Date of filling the prescription; and
(f) Signature of the pharmacist filling the prescription.
Section 38. Provisions relative to dispensing of potent drugs. Every pharmacist
who dispenses, sells or delivers any drug, which falls under the classification of
the Food and Drug Administration as potent drugs shall do so only upon
prescription of a duly licensed physician, dentist or veterinarian.
Section 39. Requirements for the opening and operation of drugstores and
pharmacies. The minimum requirements necessary for the opening and
operation of drugstores and pharmacies shall be in accordance with the rules
and regulations to be prescribed by the Food and Drug Administration in
accordance with the provisions of this Act. Only natural-born Filipino citizens
who are registered pharmacists can apply for the opening of a retail drugstore.
Section 40. Penal provisions. Any person who shall violate any of the provisions
of Sections twelve, twenty-four, twenty-five, twenty-six, twenty-seven and
twenty-nine of this Act or any person who shall make false representation to
procure a registration certificate as pharmacist for himself or for another; or any
person who shall allow anyone in his employ who is not a registered pharmacist
to engage in the practice of pharmacy; or any person who shall falsely display
within the establishment the certificate of registration of a pharmacist who is not
actually and regularly employed therein as such or to act as a dummy for any
alien or an unqualified person for the purpose of opening and operating a retail
drugstore; shall, upon conviction thereof, be sentenced to a fine of not less than
one thousand pesos but not exceeding four thousand pesos or to an
imprisonment of not less than six months and one day but not more than four
years, in the discretion of the court.
Section 41. Other penalties. Any pharmacist who shall violate any of the
provisions of Sections twenty-eight, thirty, thirty-one, thirty-two, thirty-three,
thirty-four, thirty-five, thirty-seven and thirty-eight of this Act or any pharmacist
after his certificate of registration has been lawfully suspended or revoked, who
continues to engage in the practice of pharmacy, shall, upon conviction thereof,
be sentenced to a fine of not less than one hundred pesos but shall not exceed
five hundred pesos or to an imprisonment of not less than thirty days but not
more than four months, in the discretion of the court.
Any person other than citizens of the Philippines having been found guilty of any
violation as provided for in this and the preceding section shall, after having paid
the fine or having served his sentence or both when so required be also subject
to deportation.
Section 42. Definition of terms. For purposes of this Act, the term (a) "Pharmacy"
or "Drug Store" means a place or establishment where drugs, chemical products,
active principles of drugs, pharmaceuticals, proprietary medicines or
pharmaceutical specialties, devices, and poisons are sold at retail and where
medical, dental and veterinary prescriptions are compounded and dispensed.
(b) "Drug or Pharmaceutical Laboratory" or Pharmaceutical
Manufacturing Laboratory" means an establishment where
pharmaceuticals, proprietary medicines or pharmaceutical specialties
are prepared, compounded, standardized and distributed or sold.
(c) "Wholesaler" means and includes every person who acts as a jobber,
merchant, broker or agent, who sells or distributes for resale
pharmaceuticals, proprietary medicines or pharmaceutical specialties.
(d) "Person" means and includes an individual, partnership, corporation
or association.
(e) "Drug" means (1) articles recognized in the official United States
Pharmacopoeia, official Hemeopathic Pharmacopoeia of the United
States or official National Formulary, or any of their supplements; (2)
articles intended for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in man or animals; (3) articles (other than food)
intended to effect the structure or any function of the body of man or
animals; and (4) articles intended for use as a component of any articles
specified in clauses (1), (2), or (3), but not include devices or their
components, parts or accessories.
(f) "Pharmaceuticals", "Proprietary Medicines" or "Pharmaceutical
Specialties" means any drug, preparation or mixture of drugs marked
under a trade name and intended for the cure, mitigation or prevention
of disease in man or animals.
(g) "Device" means instruments, apparatus or contrivances including
their components, parts and accessories, intended (1) for use in the
diagnosis, cure, mitigation, treatment or prevention of disease in man or
animals; or
(2) to effect the structure or any function of the body of man or animals.
(h) "Biologic Products" are viruses, sera, toxins and analogous products
used for the prevention or cure of human diseases.
(i) "Poison" is any drug, active principle, or preparation of the same,
capable of destroying life or seriously endangering health when applied
externally to the body or introduced internally in moderate doses.
 (j) "Cipher" means a method of secret writing that substitutes other
letters or characters for the letter intended or transposes the letter after
arranging them in blocks or squares.
(k) "Code" means a system of words or other symbols arbitrarily used to
represent words.
(l) "Secret Keys" means a characteristics style or symbols kept from the
knowledge of others or disclosed confidentially to but one of few.
Section 43. Final Provisions. To carry out the provisions of this Act, there is
hereby authorized to be appropriated, out of any funds in the National Treasury
not otherwise appropriated, the sum of thirty thousand pesos within the fiscal
year of the approval hereof. Thereafter, such funds as are necessary for the
maintenance and operation of the Board of Pharmacy and of the Council of
Pharmaceutical Education shall be included in the annual General Appropriations
Act.
Section 44. Repealing clause. The following are hereby repealed: Sections seven
hundred seventeen to seven hundred fifty-seven inclusive, Sections two
thousand six hundred seventy-five to two thousand six hundred seventy-seven
inclusive of the Revised Administrative Code, as amended; and such other laws
or part of laws, executive orders, administrative orders; circulars, regulations
and memoranda inconsistent or incompatible with this Act.
Section 45. Separability of provisions. If any part, section or provision of this Act
shall be held invalid or unconstitutional, no other part, section or provision
thereof shall be affected thereby.
Section 46. Effectivity. This Act shall take effect upon its approval.
Approved: June 21, 1969
PRESIDENTIAL DECREE No. 169 April 4, 1973
REQUIRING DOCTORS, HOSPITALS, CLINICS, ETC. TO REPORT TREATMENT FOR
PHYSICAL INJURIES
WHEREAS, pursuant to Proclamation No. 1081, dated September 21, 1972 and
No. 1104, dated January 17, 1973, martial law has been declared throughout the
Philippines to, among other goals, restore and maintain peace and order;
WHEREAS, for the attainment of the aforesaid goal, and to enable the law-
enforcement agencies to keep track of all violent crimes, conduct timely
investigations thereon and effect the immediate arrest of the perpetrators
thereof, it is necessary that all persons treating injuries resulting from any form
of violence be required to report such fact to said agencies;
WHEREAS, while some of the victims of violent crimes, or those who may have
sustained physical injuries in the act of committing or as the result of the
commission of a crime submit themselves for medical treatment in hospitals,
medical clinics, sanitariums, or other medical establishments, or to medical
practitioners, they do not report their injuries to the law-enforcement agencies
for one reason or another;
NOW, THEREFORE, I, FERDINAND E. MARCOS, pursuant to Proclamations No.
1081, dated September 21, 1972 and No. 1104, dated January 17, 1973 and in
my capacity as Commander-in-Chief of all the Armed Forces of the Philippines,
do hereby order and decree that:
1. The attending physician of any hospital, medical clinic, sanitarium or
other medical establishments, or any medical practitioner, who has
treated any person for serious or less serious physical injuries as those
injuries are defined in Articles 262, 263, 264 and 265 of the Revised
Penal Code shall report the fact of such treatment personally or by
fastest means of communication to the nearest Philippine Constabulary
unit without delay: Provided, That no fee shall be charged for the
transmission of such report through government communication
facilities;
2. The report called for in this Decree shall indicate when practicable,
the name, age; address and nearest of kin of the patient; the nature and
probable cause of the injury; the approximate time and date when, and
the place where, the injury was sustained; the time, date, and nature of
treatment; and the physical diagnosis and/or disposition of the patient;
I do further order and decree that any violation of this Decree and/or the rules
and regulations which shall be promulgated by competent authorities in
accordance herewith, with malicious intent or gross negligence, shall suffer the
penalty of imprisonment for not less than one year nor more than three (3)
years and/or a fine of not less than 1,000 nor more than 3,000 pesos, as a
military tribunal may direct. In addition, the government license or permit of the
attending physician to practice his profession shall be cancelled by the Civil
Service Commission after the sentence imposed by the military tribunal has
become final and executory.
The Secretary of Health and the Secretary of National Defense shall promulgate
the necessary rules and regulations to carry out the purposes of this Decree.
Done in the City of Manila, this 4th day of April, in the year of Our Lord, nineteen
hundred and seventy-three.

Begun and held in Metro Manila, on Monday, the twenty-fifth day of July,
nineteen hundred and eighty-eight.
Republic Act No. 6675 September 13, 1988
AN ACT TO PROMOTE, REQUIRE AND ENSURE THE PRODUCTION OF AN
ADEQUATE SUPPLY, DISTRIBUTION, USE AND ACCEPTANCE OF DRUGS AND
MEDICINES IDENTIFIED BY THEIR GENERIC NAMES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled::
Section 1. Title – This Act shall be known as the "Generics Act of 1988."
Section 2. Statement of Policy – It is hereby declared the policy of the State:
To promote, encourage and require the use of generic terminology in the
importation, manufacture, distribution, marketing, advertising and
promotion, prescription and dispensing of drugs;
To ensure the adequate supply of drugs with generic names at the
lowest possible cost and endeavor to make them available for free to
indigent patients;
To encourage the extensive use of drugs with generic names through a
rational system of procurement and distribution;
To emphasize the scientific basis for the use of drugs, in order that
health professionals may become more aware and cognizant of their
therapeutic effectiveness; and
To promote drug safety by minimizing duplication in medications and/or
use of drugs with potentially adverse drug interactions.
Section 3. Definition of Terms – The following terms are herein defined for
purposes of this Act:
(1) "Generic Name or Generic Terminology" is the identification of drugs
and medicines by their scientifically and internationally recognize active
ingredients or by their official generic name as determined by the
Bureau of Food and Drugs of the Department of Health.
(2) "Active Ingredient" is the chemical component responsible for the
claimed therapeutic effect of the pharmaceutical product.
(3) "Chemical Name" is the description of the chemical structure of the
drug or medicine and serves as the complete identification of a
compound.
(4) "Drug Product" is the finished product form that contains the active
ingredients, generally but not necessarily in association with inactive
ingredients.
(5) "Drug Establishment" is any organization or company involved in the
manufacture, importation, repacking and/or distribution of drugs or
medicines.
(6) "Drug Outlets" means drugstores, pharmacies, and any other
business establishments which sell drugs or medicines.
(7) "Essential Drugs List" or "National Drug Formulary" is a list of drugs
prepared and periodically updated by the Department of Health on the
basis of health conditions obtaining in the Philippines as well as on
internationally accepted criteria. It shall consist of a core list and a
complementary list.
(8) "Core List" is a list of drugs that meets the health care needs of the
majority of the population.
(9) "Complementary List" is a list of alternative drugs used when there is
no response to the core essential drug or when there is hypersensitivity
reaction to the core essential drug or when for one reason or another,
the core essential drug cannot be given.
(10) "Brand Name" is the proprietary name given by the manufacturer to
distinguish its product from those of competitors.
(11) "Generic Drugs" are drugs not covered by patent protection and
which are labeled solely by their international non-proprietary or generic
name.
Section 4. The Use of Generic Terminology for Essential Drugs and Promotional
Incentives. – (a) In the promotion of the generic names for pharmaceutical
products, special consideration shall be given to drugs and medicines which are
included in the Essential Drugs List to be prepared within one hundred eighty
(180) days from approval of this Act and updated quarterly by the Department
of Health on the basis of health conditions obtaining in the Philippines as well as
on internationally accepted criteria.
(b) The exclusive use of generic terminology in the manufacture, marketing and
sales of drugs and medicines, particularly those in the Essential Drugs List, shall
be promoted through such a system of incentives as the Board of Investments
jointly with the Department of Health and other government agencies as may be
authorized by law, shall promulgate in accordance with existing laws, within one
hundred eighty (180) days after approval of this Act.
Section 5. Posting and Publication – The Department of Health shall publish
annually in at least two (2) newspapers of general circulation in the Philippines
the generic names, and the corresponding brand names under which they are
marketed, of all drugs and medicines available in the Philippines.
Section 6. Who Shall Use Generic Terminology - (a) All government health
agencies and their personnel as well as other government agencies shall use
generic terminology or generic names in all transactions related to purchasing,
prescribing, dispensing and administering of drugs and medicines.
(b) All medical, dental and veterinary practitioners, including private
practitioners, shall write prescriptions using the generic name. The brand name
may be included if so desired.
(c) Any organization or company involved in the manufacture, importation,
repacking, marketing and/or distribution of drugs and medicines shall indicate
prominently the generic name of the product. In the case of brand name
products, the generic name shall appear prominently and immediately above
the brand name in all product labels as well as in advertising and other
promotional materials.
(d) Drug outlets, including drugstores, hospital and non-hospital pharmacies and
non-traditional outlets such as supermarkets and stores, shall inform any buyer
about any and all other drug products having the same generic name, together
with their corresponding prices so that the buyer may adequately exercise, his
option.
Within one (1) year after approval of this Act, the drug outlets referred to herein,
shall post in conspicuous places in their establishments, a list of drug products
with the same generic name and their corresponding prices.
Section 7. Provision on Quality, Manufacturer’s Identity and Responsibility – In
order to assure responsibility for drug quality in all instances, the label of all
drugs and medicines shall have the following: name and country of
manufacture, dates of manufacture and expiration. The quality of such
generically labeled drugs and medicines shall be duly certified by the
Department of Health.
Section 8. Required Production – Subject to the rules and regulations
promulgated by the Secretary of Health, every drug manufacturing company
operating in the Philippines shall be required to produce, distribute and make
available to the general public the medicine it produces, in the form of generic
drugs.
Section 9. Rules and Regulations – The implementation of the provisions of this
Act shall be in accordance with the rules and regulations to be promulgated by
the Department of Health. Rules and regulations with penal sanctions shall be
promulgated within one hundred eighty (180) days after approval of this Act and
shall take effect fifteen (15) days after publication in the Official Gazette or in
two (2) newspapers of general circulation.
Section 10. Authority to Import – Within three (3) years from the effectivity of
this Act, extendible by the President for another two (2) years and during
periods of critical shortage and absolute necessity, the Department of Health is
hereby authorized to import raw materials of which there is a shortage for the
use of Filipino-owned or controlled drug establishments to be marketed and sold
exclusively under generic nomenclature. The President may authorize the
importation of raw materials tax and duty-free. The Secretary of Health shall
ensure that the imported raw materials are allocated fairly and efficiently among
Filipino-owned or controlled drug establishments. He shall submit to the Office of
the President and to Congress a quarterly report on the quantity, kind and value
of the raw materials imported.
Section 11. Education Drive – The Department of Health jointly with the
Department of Education, Culture and Sports, Philippine Information Agency and
the Department of Local Government shall conduct a continuous information
campaign for the public and a continuing education and training for the medical
and allied medical professions on drugs with generic names as an alternative of
equal efficacy to the more expensive brand name drugs. Such educational
campaign shall include information on the illnesses or symptoms which each
generically named drug is supposed to cure or alleviate, as well as its
contraindications. The Department of Health with the assistance of the
Department of Local Government and the Philippine Information Agency shall
monitor the progress of the education drive, and shall submit regular reports to
Congress.
Section 12. Penalty – A) Any person who shall violate Section 6(a) or 6(b) of this
Act shall suffer the penalty graduated hereunder, viz:
(a) for the first conviction, he shall suffer the penalty of reprimand which
shall be officially recorded in the appropriate books of the Professional
Regulation Commission.
(b) for the second conviction, the penalty of fine in the amount of not
less than two thousand pesos (P2,000.00) but not exceeding five
thousand pesos (5,000.00) at the discretion of the court.
 (c) for the third conviction, the penalty of fine in the amount of not less
than five thousand pesos (P5,000.00) but not exceeding then thousand
pesos (P10,000.00) and suspension of his license to practice his
profession for thirty (30) days at the discretion of the court.
(d) for the fourth and subsequent convictions, the penalty of fine of not
less than ten thousand pesos (P10,000.00) and suspension of his license
to practice his profession for one year or longer at the discretion of the
court.
B) Any juridical person who violates Section 6(c), 6(d), 7 or 8 shall suffer the
penalty of a fine of not less than five thousand pesos (P5,000.00) nor more than
ten thousand pesos (P10,000.00) and suspension or revocation of license to
operate such drug establishment or drug outlet at the discretion of the Court:
Provided,That its officers directly responsible for the violation shall suffer the
penalty of fine and suspension or revocation of license to practice profession, if
applicable, and by imprisonment of not less than six (6) months nor more than
one (1) year or both fine and imprisonment at the discretion of the Court: and
Provided, further, That if the guilty party is an alien, he shall be ipso facto
deported after service of sentence without need of further proceedings. C) The
Secretary of Health shall have the authority to impose administrative sanctions
such as suspension or cancellation of license to operate or recommend
suspension of license to practice profession to the Professional Regulation
Commission as the case may be for the violation of this Act. Section 13.
Separability Clause – If any provision of this Act is declared invalid, the
remainder or any provision hereof not affected thereby shall remain in force and
effect.
Section 14. Repealing Clause – The provisions of any law, executive order,
presidential decree or other issuances inconsistent with this Act are hereby
repealed or modified accordingly.
Section 15. Effectivity – This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or two (2) newspapers of general
circulation.
Republic Act No. 8504 February 13, 1998
AN ACT PROMULGATING POLICIES AND PRESCRIBING MEASURES FOR THE
PREVENTION AND CONTROL OF HIV/AIDS IN THE PHILIPPINES, INSTITUTING A
NATIONWIDE HIV/AIDS INFORMATION AND EDUCATIONAL PROGRAM,
ESTABLISHING A COMPREHENSIVE HIV/AIDS MONITORING SYSTEM,
STRENGTHENING THE PHILIPPINE NATIONAL AIDS COUNCIL, AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled::
Section 1. Title. – This Act shall be known as the "Philippine AIDS Prevention and
Control Act of 1998."
Section 2. Declaration of policies. – Acquired Immune Deficiency Syndrome
(AIDS) is a disease that recognizes no territorial, social, political and economic
boundaries for which there is no known cure. The gravity of the AIDS threat
demands strong State action today, thus:
(a) The State shall promote public awareness about the causes, modes
of transmission, consequences, means of prevention and control of
HIV/AIDS through a comprehensive nationwide educational and
information campaign organized and conducted by the State. Such
campaigns shall promote value formation and employ scientifically
proven approaches, focus on the family as a basic social unit, and be
carried out in all schools and training centers, workplaces, and
communities. This program shall involve affected individuals and groups,
including people living with HIV/AIDS.
(b) The State shall extend to every person suspected or known to be
infected with HIV/AIDS full protection of his/her human rights and civil
liberties. Towards this end:
(1) compulsory HIV testing shall be considered unlawful unless
otherwise provided in this Act;
(2) the right to privacy of individuals with HIV shall be
guaranteed;
(3) discrimination, in all its forms and subtleties, against
individuals with HIV or persons perceived or suspected of having
HIV shall be considered inimical to individual and national
interest; and
(4) provision of basic health and social services for individuals
with HIV shall be assured.
(c) The State shall promote utmost safety and universal precautions in
practices and procedures that carry the risk of HIV transmission.
(d) The State shall positively address and seek to eradicate conditions
that aggravate the spread of HIV infection, including but not limited to,
poverty, gender inequality, prostitution, marginalization, drug abuse and
ignorance.
 (e) The State shall recognize the potential role of affected individuals in
propagating vital information and educational messages about HIV/AIDS
and shall utilize their experience to warn the public about the disease.
Section 3. Definition of terms. – As used in this Act, the following terms are
defined as follows:
(a) "Acquired Immune Deficiency Syndrome (AIDS)" – a condition
characterized by a combination of signs and symptoms, caused by HIV
contracted from another person and which attacks and weakens the
body's immune system, making the afflicted individual susceptible to
other life-threatening infections.
(b) "Anonymous Testing" – refers to an HIV testing procedure whereby
the individual being tested does not reveal his/her true identity. An
identifying number or symbol is used to substitute for the name and
allows the laboratory conducting the test and the person on whom the
test is conducted to match the test results with the identifying number
or symbol.
(c) "Compulsory HIV Testing" – refers to HIV testing imposed upon a
person attended or characterized by the lack of or vitiated consent, use
of physical force, intimidation or any form of compulsion.
(d) "Contact tracing" – refers to the method of finding and counselling
the sexual partner(s) of a person who has been diagnosed as having
sexually transmitted disease.
(e) "Human Immunodeficiency Virus (HIV)" – refers to the virus which
causes AIDS.
(f) "HIV/AIDS Monitoring" – refers to the documentation and analysis of
the number of HIV/AIDS infections and the pattern of its spread.
(g) "HIV/AIDS Prevention and Control" – refers to measures aimed at
protecting non-infected from contracting HIV and minimizing the impact
of the condition of persons living with HIV.
(h) "HIV-positive" – refers to the presence of HIV infection as
documented by the presence of HIV or HIV antibodies in the sample
being tested.
(i) "HIV-negative" – denotes the absence of HIV or HIV antibodies upon
HIV testing.
(j) "HIV Testing" – refers to any laboratory procedure done on an
individual to determine the presence or absence of HIV infection.
(k) "HIV Transmission" – refers to the transfer of HIV from one infected
person to an uninfected individual, most commonly through sexual
intercourse, blood transfusion, sharing of intravenous needles and
during pregnancy.
(l) "High-Risk Behavior" – refers to a person's frequent involvement in
certain activities which increase the risk of transmitting or acquiring HIV.
(m) "Informed Consent" – refers to the voluntary agreement of a person
to undergo or be subjected to a procedure based on full information,
whether such permission is written, conveyed verbally, or expressed
indirectly.
(n) "Medical Confidentiality" – refers to the relationship of trust and
confidence created or existing between a patient or a person with HIV
and his attending physician, consulting medical specialist, nurse,
medical technologist and all other health workers or personnel involved
in any counselling, testing or professional care of the former; it also
applies to any person who, in any official capacity, has acquired or may
have acquired such confidential information.
(o) "Person with HIV" – refers to an individual whose HIV test indicates,
directly or indirectly, that he/she is infected with HIV.
(p) "Pre-Test Counselling" – refers to the process of providing an
individual information on the biomedical aspects of HIV/AIDS and
emotional support to any psychological implications of undergoing HIV
testing and the test result itself before he/she is subjected to the test.
(q) "Post-Test Counselling" – refers to the process of providing risk-
reduction information and emotional support to a person who submitted
to HIV testing at the time that the test result is released.
(r) "Prophylactic" – refers to any agent or device used to prevent the
transmission of a disease.
(s) "Sexually Transmitted Diseases" – refers to any disease that may be
acquired or passed on through sexual contact.
(t) "Voluntary HIV Testing" – refers to HIV testing done on an individual
who, after having undergone pre-test counselling, willingly submits
himself/herself to such test.
 (u) "Window Period" – refers to the period of time, usually lasting from
two weeks to six (6) months during which an infected individual will test
"negative" upon HIV testing but can actually transmit the infection.
ARTICLE I
EDUCATION AND INFORMATION
Sec. 4. HIV/AIDS education in schools. – The Department of Education, Culture
and Sports (DECS), the Commission on Higher Education (CHED), and the
Technical Education and skills Development Authority (TESDA), utilizing official
information provided by the Department of Health, shall integrate instruction on
the causes, modes of transmission and ways of preventing HIV/AIDS and other
sexually transmitted diseases in subjects taught in public and private schools at
intermediate grades, secondary and tertiary levels, including non-formal and
indigenous learning systems: Provided, That if the integration of HIV/AIDS
education is not appropriate or feasible, the DECS and TESDA shall design
special modules on HIV/AIDS prevention and control: Provided, further, That it
shall not be used as an excuse to propagate birth control or the sale or
distribution of birth control devices: Provided, finally, That it does not utilize
sexually explicit materials.
Flexibility in the formulation and adoption of appropriate course content, scope,
and methodology in each educational level or group shall be allowed after
consultations with Parent-Teachers-Community Associations, Private School
Associations, school officials, and other interest groups. As such, no instruction
shall be offered to minors without adequate prior consultation with parents who
must agree to the thrust and content of the instruction materials.
All teachers and instructors of said HIV/AIDS courses shall be required to
undergo a seminar or training on HIV/AIDS prevention and control to be
supervised by DECS, CHED and TESDA, in coordination with the Department of
Health (DOH), before they are allowed to teach on the subject.
Section 5. HIV/AIDS information as a health service. – HIV/AIDS education and
information dissemination shall form part of the delivery of health services by
health practitioners, workers and personnel. The knowledge and capabilities of
all public health workers shall be enhanced to include skills for proper
information dissemination and education on HIV/AIDS. It shall likewise be
considered a civic duty of health providers in the private sector to make
available to the public such information necessary to control the spread of
HIV/AIDS and to correct common misconceptions about this disease. The training
or health workers shall include discussions on HIV-related ethical issues such as
confidentiality, informed consent and the duty to provide treatment.
Section 6. HIV/AIDS education in the workplace. – All government and private
employees, workers, managers, and supervisors, including members of the
Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP),
shall be provided with the standardized basic information and instruction on
HIV/AIDS which shall include topics on confidentiality in the workplace and
attitude towards infected employees and workers. In collaboration with the
Department of Health (DOH), the Secretary of the Department of Labor and
Employment (DOLE) shall oversee the anti-HIV/AIDS campaign in all private
companies while the Armed Forces Chief of Staff and the Director General of the
PNP shall oversee the implementation of this Sec..
Section 7. HIV/AIDS education for Filipinos going abroad. – The State shall ensure
that all overseas Filipino workers and diplomatic, military, trade, and labor
officials and personnel to be assigned overseas shall undergo or attend a
seminar on the cause, prevention and consequences of HIV/AIDS before
certification for overseas assignment. The Department of Labor and Employment
or the Department of Foreign Affairs, the Department of Tourism and the
Department of Justice through the Bureau of Immigration, as the case may be, in
collaboration with the Department of Health (DOH), shall oversee the
implementation of this Sec..
Section 8. Information campaign for tourists and transients. – Informational aids
or materials on the cause, modes of transmission, prevention, and
consequences of HIV infection shall be adequately provided at all international
ports of entry and exit. The Department of Tourism, the Department of Foreign
Affairs, the Department of Justice through the Bureau of Immigration, in
collaboration with the Department of Health (DOH), shall oversee the
implementation of this Act.
Section 9. HIV/AIDS education in communities. – Local government units, in
collaboration with the Department of Health (DOH), shall conduct an educational
and information campaign on HIV/AIDS. The provincial governor, city or
municipal mayor and the barangay captain shall coordinate such campaign
among concerned government agencies, non-government organizations and
church-based groups.
Section 10. Information on prophylactics. – Appropriate information shall be
attached to or provided with every prophylactic offered for sale or given as a
donation. Such information shall be legibly printed in English and Filipino, and
contain literature on the proper use of the prophylactic device or agent, its
efficacy against HIV and STD infection, as well as the importance of sexual
abstinence and mutual fidelity.
Section 11. Penalties for misleading information. – Misinformation on HIV/AIDS
prevention and control through false and misleading advertising and claims in
any of the tri-media or the promotional marketing of drugs, devices, agents or
procedures without prior approval from the Department of Health and the
Bureau of Food and Drugs and the requisite medical and scientific basis,
including markings and indications in drugs and devises or agents, purporting to
be a cure or a fail-safe prophylactic for HIV infection is punishable with a penalty
of imprisonment for two (2) months to two (2) years, without prejudice to the
imposition of administrative sanctions such as fines and suspension or
revocation of professional or business license.
ARTICLE II
SAFE PRACTICES AND PROCEDURES
Sec. 12. Requirement on the donation of blood, tissue, or organ. – No laboratory
or institution shall accept a donation of tissue or organ, whether such donation is
gratuitous or onerous, unless a sample from the donor has been tested negative
for HIV. All donated blood shall also be subjected to HIV testing and HIV(+) blood
shall be disposed of properly and immediately. A second testing may be
demanded as a matter of right by the blood, tissue, or organ recipient or his
immediate relatives before transfusion or transplant, except during emergency
cases: Provided, That donations of blood, tissue, or organ testing positive for HIV
may be accepted for research purposes only, and subject to strict sanitary
disposal requirements.
Section 13. Guidelines on surgical and similar procedures. – The Department of
Health (DOH), in consultation and in coordination with concerned professional
organizations and hospital associations, shall issue guidelines on precautions
against HIV transmission during surgical, dental, embalming, tattooing or similar
procedures. The DOH shall likewise issue guidelines on the handling and
disposition of cadavers, body fluids or wastes of persons known or believed to be
HIV-positive.
The necessary protective equipment such as gloves, goggles and gowns, shall
be made available to all physicians and health care providers and similarly
exposed personnel at all times.
Section 14. Penalties for unsafe practices and procedures. – Any person who
knowingly or negligently causes another to get infected with HIV in the course of
the practice of his/her profession through unsafe and unsanitary practice or
procedure is liable to suffer a penalty of imprisonment for six (6) years to twelve
(12) years, without prejudice to the imposition of administrative sanctions such
as, but not limited to, fines and suspension or revocation of the license to
practice his/her profession. The permit or license of any business entity and the
accreditation of hospitals, laboratory, or clinics may be cancelled or withdrawn if
said establishments fail to maintain such safe practices and procedures as may
be required by the guidelines to be formulated in compliance with Sec. 13 of this
Act.
ARTICLE III
TESTING, SCREENING AND COUNSELLING
Sec. 15. Consent as a requisite for HIV testing. – No compulsory HIV testing shall
be allowed. However, the State shall encourage voluntary testing for individuals
with a high risk for contracting HIV: Provided, That written informed consent
must first be obtained. Such consent shall be obtained from the person
concerned if he/she is of legal age or from the parents or legal guardian in the
case of a minor or a mentally incapacitated individual. Lawful consent to HIV
testing of a donated human body, organ, tissue, or blood shall be considered as
having been given when:
(a) a person volunteers or freely agrees to donate his/her blood, organ,
or tissue for transfusion, transplantation, or research;
(b) a person has executed a legacy in accordance with Sec. 3 of Republic
Act No. 7170, also known as the "Organ Donation Act of 1991";
(c) a donation is executed in accordance with Sec. 4 of Republic Act No.
7170.
Section 16. Prohibitions on compulsory HIV testing. – Compulsory HIV testing as
a precondition to employment, admission to educational institutions, the
exercise of freedom of abode, entry or continued stay in the country, or the right
to travel, the provision of medical service or any other kind of service, or the
continued enjoyment of said undertakings shall be deemed unlawful.
Section 17. Exception to the prohibition on compulsory testing. – Compulsory
HIV testing may be allowed only in the following instances:
a) When a person is charged with any of the crimes punishable under
Articles 264 and 266 as amended by Republic Act No. 8353, 335 and
338 of Republic Act No. 3815, otherwise known as the "Revised Penal
Code" or under Republic Act No. 7659;
b) When the determination of the HIV status is necessary to resolve the
relevant issues under Executive Order No. 309, otherwise known as the
"Family Code of the Philippines"; and
c) When complying with the provisions of Republic Act No. 7170,
otherwise known as the "Organ Donation Act" and Republic Act No.
7719, otherwise known as the "National Blood Services Act".
Section 18. Anonymous HIV testing. – The State shall provide a mechanism for
anonymous HIV testing and shall guarantee anonymity and medical
confidentiality in the conduct of such tests.
Section 19. Accreditation of HIV Testing Centers. – All testing centers, hospitals,
clinics, and laboratories offering HIV testing services are mandated to seek
accreditation from the Department of Health which shall set and maintain
reasonable accreditation standards.
Section 20. Pre-test and post-test counselling. – All testing centers, clinics, or
laboratories which perform any HIV test shall be required to provide and conduct
free pre-test counselling and post-test counselling for persons who avail of their
HIV/AIDS testing services. However, such counselling services must be provided
only by persons who meet the standards set by the DOH.
Section 21. Support for HIV Testing Centers. – The Department of Health shall
strategically build and enhance the capabilities for HIV testing of hospitals,
clinics, laboratories, and other testing centers primarily, by ensuring the training
of competent personnel who will provide such services in said testing sites.
ARTICLE IV
HEALTH AND SUPPORT SERVICES
Sec. 22. Hospital-based services. – Persons with HIV/AIDS shall be afforded basic
health services in all government hospitals, without prejudice to optimum
medical care which may be provided by special AIDS wards and hospitals.
Section 23. Community-based services. – Local government units, in
coordination and in cooperation with concerned government agencies, non-
government organizations, persons with HIV/AIDS and groups most at risk of HIV
infection shall provide community-based HIV/AIDS prevention and care services.
Section 24. Livelihood programs and trainings. – Trainings for livelihood, self-
help cooperative programs shall be made accessible and available to all persons
with HIV/AIDS. Persons infected with HIV/AIDS shall not be deprived of full
participation in any livelihood, self-help and cooperative programs for reason of
their health conditions.
Section 25. Control of sexually transmitted diseases. – The Department of
Health, in coordination and in cooperation with concerned government agencies
and non-government organizations shall pursue the prevention and control of
sexually transmitted diseases to help contain the spread of HIV infection.
Section 26. Insurance for persons with HIV. – The Secretary of Health, in
cooperation with the Commissioner of the Insurance Commission and other
public and private insurance agencies, shall conduct a study on the feasibility
and viability of setting up a package of insurance benefits and, should such
study warrant it, implement an insurance coverage program for persons with
HIV. The study shall be guided by the principle that access to health insurance is
part of an individual's right to health and is the responsibility of the State and of
society as a whole.
ARTICLE V
MONITORING
Sec. 27. Monitoring program. – A comprehensive HIV/AIDS monitoring program
or "AIDSWATCH" shall be established under the Department of Health to
determine and monitor the magnitude and progression of HIV infection in the
Philippines, and for the purpose of evaluating the adequacy and efficacy of the
countermeasures being employed.
Section 28. Reporting procedures. – All hospitals, clinics, laboratories, and
testing centers for HIV/AIDS shall adopt measures in assuring the reporting and
confidentiality of any medical record, personal data, file, including all data which
may be accessed from various data banks or information systems. The
Department of Health through its AIDSWATCH monitoring program shall receive,
collate and evaluate all HIV/AIDS related medical reports. The AIDSWATCH data
base shall utilize a coding system that promotes client anonymity.
Section 29. Contact tracing. – HIV/AIDS contact tracing and all other related
health intelligence activities may be pursued by the Department of Health:
Provided, That these do not run counter to the general purpose of this Act:
Provided, further, That any information gathered shall remain confidential and
classified, and can only be used for statistical and monitoring purposes and not
as basis or qualification for any employment, school attendance, freedom of
abode, or travel.
ARTICLE VI
CONFIDENTIALITY
Sec. 30. Medical confidentiality. – All health professionals, medical instructors,
workers, employers, recruitment agencies, insurance companies, data encoders,
and other custodians of any medical record, file, data, or test results are
directed to strictly observe confidentiality in the handling of all medical
information, particularly the identity and status of persons with HIV.
Section 31. Exceptions to the mandate of confidentiality. – Medical
confidentiality shall not be considered breached in the following cases:
(a) when complying with reportorial requirements in conjunction with the
AIDSWATCH programs provided in Sec. 27 of this Act;
(b) when informing other health workers directly involved or about to be
involved in the treatment or care of a person with HIV/AIDS: Provided,
That such treatment or care carry the risk of HIV transmission: Provided,
further, That such workers shall be obliged to maintain the shared
medical confidentiality;
(c) when responding to a subpoena duces tecum and subpoena ad
testificandum issued by a Court with jurisdiction over a legal proceeding
where the main issue is the HIV status of an individual: Provided, That
the confidential medical record shall be properly sealed by its lawful
 custodian after being double-checked for accuracy by the head of the
office or department, hand delivered, and personally opened by the
judge: Provided, further, That the judicial proceedings be held in
executive session.
Section 32. Release of HIV/AIDS test results. – All results of HIV/AIDS testing shall
be confidential and shall be released only to the following persons:
(a) the person who submitted himself/herself to such test;
(b) either parent of a minor child who has been tested;
(c) a legal guardian in the case of insane persons or orphans;
(d) a person authorized to receive such results in conjunction with the
AIDSWATCH program as provided in Sec. 27 of this Act;
(e) a justice of the Court of Appeals or the Supreme Court, as provided
under subSec. (c) of this Act and in accordance with the provision of Sec.
16 hereof.
Section 33. Penalties for violations of confidentiality. – Any violation of medical
confidentiality as provided in Sec.s 30 and 32 of this Act shall suffer the penalty
of imprisonment for six (6) months to four (4) years, without prejudice to
administrative sanctions such as fines and suspension or revocation of the
violator's license to practice his/her profession, as well as the cancellation or
withdrawal of the license to operate any business entity and the accreditation of
hospitals, laboratories or clinics.
Section 34. Disclosure to sexual partners. – Any person with HIV is obliged to
disclose his/her HIV status and health condition to his/her spouse or sexual
partner at the earliest opportune time.
ARTICLE VII
DISCRIMINATORY ACTS AND POLICIES
Sec. 35. Discrimination in the workplace. – Discrimination in any form from pre-
employment to post-employment, including hiring, promotion or assignment,
based on the actual, perceived or suspected HIV status of an individual is
prohibited. Termination from work on the sole basis of actual, perceived or
suspected HIV status is deemed unlawful.
Section 36. Discrimination in schools. – No educational institution shall refuse
admission or expel, discipline, segregate, deny participation, benefits or services
to a student or prospective student on the basis of his/her actual, perceived or
suspected HIV status.
Section 37. Restrictions on travel and habitation. – The freedom of abode,
lodging and travel of a person with HIV shall not be abridged. No person shall be
quarantined, placed in isolation, or refused lawful entry into or deported from
Philippine territory on account of his/her actual, perceived or suspected HIV
status.
Section 38. Inhibition from public service. – The right to seek an elective or
appointive public office shall not be denied to a person with HIV.
Section 39. Exclusion from credit and insurance services. – All credit and loan
services, including health, accident and life insurance shall not be denied to a
person on the basis of his/her actual, perceived or suspected HIV status:
Provided, That the person with HIV has not concealed or misrepresented the fact
to the insurance company upon application. Extension and continuation of credit
and loan shall likewise not be denied solely on the basis of said health condition.
Section 40. Discrimination in hospitals and health institutions. – No person shall
be denied health care service or be charged with a higher fee on account of
actual, perceived or suspected HIV status.
Section 41. Denial of burial services. – A deceased person who had AIDS or who
was known, suspected or perceived to be HIV-positive shall not be denied any
kind of decent burial services.
Section 42. Penalties for discriminatory acts and policies. – All discriminatory
acts and policies referred to in this Act shall be punishable with a penalty of
imprisonment for six (6) months to four (4) years and a fine not exceeding Ten
thousand pesos (P10,000.00). In addition, licenses/permits of schools, hospitals
and other institutions found guilty of committing discriminatory acts and policies
described in this Act shall be revoked.
ARTICLE VIII
THE PHILIPPINE NATIONAL AIDS COUNCIL
Sec. 43. Establishment. – The Philippine National AIDS Council (PNAC) created by
virtue of Executive Order No. 39 dated 3 December 1992 shall be reconstituted
and strengthened to enable the Council to oversee an integrated and
comprehensive approach to HIV/AIDS prevention and control in the Philippines. It
shall be attached to the Department of Health.
Section 44. Functions. – The Council shall be the central advisory, planning and
policy-making body for the comprehensive and integrated HIV/AIDS prevention
and control program in the Philippines. The Council shall perform the following
functions:
(a) Secure from government agencies concerned recommendations on Section 45. Membership and composition. – (a) The Council shall be composed of
how their respective agencies could operationalize specific provisions of twenty-six (26) members as follows:
this Act. The Council shall integrate and coordinate such
recommendations and issue implementing rules and regulations of this (1) The Secretary of the Department of Health;
Act. The Council shall likewise ensure that there is adequate coverage of
the following:
(2) The Secretary of the Department of Education, Culture and Sports or
his representative;
(1) The institution of a nationwide HIV/AIDS information and
education program;
(3) The Chairperson of the Commission on Higher Education or his
representative;
(2) The establishment of a comprehensive HIV/AIDS monitoring
system;
(4) The Director-General of the Technical Education and Skills
Development Authority or his representative;
(3) The issuance of guidelines on medical and other practices
and procedures that carry the risk of HIV transmission;
(5) The Secretary of the Department of Labor and Employment or his
representative;
(4) The provision of accessible and affordable HIV testing and
counselling services to those who are in need of it;
(6) The Secretary of the Department of Social Welfare and Development
or his representative;
(5) The provision of acceptable health and support services for
persons with HIV/AIDS in hospitals and in communities;
(7) The Secretary of the Department of the Interior and Local
Government or his representative;
(6) The protection and promotion of the rights of individuals with
HIV; and
(8) The Secretary of the Department of Justice or his representative;
(7) The strict observance of medical confidentiality.
(9) The Director-General of the National Economic and Development
Authority or his representative;
(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; (10) The Secretary of the Department of Tourism or his representative;

(c) Develop a comprehensive long-term national HIV/AIDS prevention (11) The Secretary of the Department of Budget and Management or his
and control program and monitor its implementation; representative;

(d) Coordinate the activities of and strengthen working relationships
between government and non-government agencies involved in the
campaign against HIV/AIDS;
(e) Coordinate and cooperate with foreign and international
organizations regarding data collection, research and treatment
modalities concerning HIV/AIDS; and
(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;

(f) Evaluate the adequacy of and make recommendations regarding the (15) The President of the League of City Mayors or his representative;
utilization of national resources for the prevention and control of
HIV/AIDS in the Philippines.
 (16) The Chairperson of the Committee on Health of the Senate of the
Philippines or his representative;
(17) The Chairperson of the Committee on Health of the House of
Representatives or his representative;
(18) Two (2) representatives from organizations of medical/health
professionals;
(19) Six (6) representatives from non-government organizations involved
in HIV/AIDS prevention and control efforts or activities; and
(20) A representative of an organization of persons dealing with
HIV/AIDS.
(b) To the greatest extent possible, appointment to the Council must ensure
sufficient and discernible representation from the fields of medicine, education,
health care, law, labor, ethics and social services;
(c) All members of the Council shall be appointed by the President of the
Republic of the Philippines, except for the representatives of the Senate and the
House of Representatives, who shall be appointed by the Senate President and
the House Speaker, respectively;
(d) The members of the Council shall be appointed not later than thirty (30) days
after the date of the enactment of this Act;
(e) The Secretary of Health shall be the permanent chairperson of the Council;
however, the vice-chairperson shall be elected by its members from among
themselves, and shall serve for a term of two (2) years; and
(f) For members representing medical/health professional groups and the six (6)
non-government organizations, they shall serve for a term of two (2) years,
renewable upon recommendation of the Council.
Section 46. Reports. – The Council shall submit to the President and to both
Houses of Congress comprehensive annual reports on the activities and
accomplishments of the Council. Such annual reports shall contain assessments
and evaluation of intervention programs, plans and strategies for the medium-
and long-term prevention and control program on HIV/AIDS in the Philippines.
Section 47. Creation of Special HIV/AIDS Prevention and Control Service. – There
shall be created in the Department of Health a Special HIV/AIDS Prevention and
Control Service staffed by qualified medical specialists and support staff with
permanent appointment and supported with an adequate yearly budget. It shall
implement programs on HIV/AIDS prevention and control. In addition, it shall
also serve as the secretariat of the Council.
Section 48. Appropriations. – The amount of Twenty million pesos
(P20,000,000.00) shall be initially appropriated out of the funds of the National
Treasury. Subsequent appropriations shall be provided by Congress in the
annual budget of the Department of Health under the General Appropriations
Act.
Republic Act No. 9257 February 26, 2004
AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR CITIZENS
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7432, OTHERWISE KNOWN AS
"AN ACT TO MAXIMIZE THE CONTRIBUTION OF SENIOR CITIZENS TO NATION
BUILDING, GRANT BENEFITS AND SPECIAL PRIVILEGES AND FOR OTHER
PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1. This Act shall be known as the "Expanded Senior Citizens Act of
2003."
SECTION 2. Republic Act. No. 7432 is hereby amended to read as follows:
"SECTION 1. Declaration of Policies and Objectives. – Pursuant to Article
XV, Section 4 of the Constitution, it is the duty of the family to take care
of its elderly members while the State may design programs of social
security for them. In addition to this, Section 10 in the Declaration of
Principles and State Policies provides: "The State shall provide social
justice in all phases of national development." Further, Article XIII,
Section 11 provides: " The State shall adopt an integrated and
comprehensive approach to health and other social services available to
all the people at affordable cost. There shall be priority for the needs of
the underpriviledged, sick, elderly, disabled, women and children."
Consonant with these constitution principles the following are the
declared policies of this Act:
(a) To motivate and encourage the senior citizens to contribute
to nation building;
(b) To encourage their families and the communities they live
with to reaffirm the valued Filipino tradition of caring for the
senior citizens;
(c) To give full support to the improvement of the total well-
being of the elderly and their full participation in society
considering that senior citizens are integral part of Philippine
society;
 (d) To recognize the rights of senior citizens to take their proper
place in society. This must be the concern of the family,
community, and government;
(e) To provide a comprehensive health care and rehabilitation
system for disabled senior citizens to foster their capacity to
attain a more meaningful and productive ageing; and
(f) To recognize the important role of the private sector in the
improvement of the welfare of senior citizens and to actively
seek their partnership.
In accordance with these policies, this Act aims to:
(1) establish mechanism whereby the contribution of the
senior citizens are maximized;
(2) adopt measures whereby our senior citizens are
assisted and appreciated by the community as a whole;
(3) establish a program beneficial to the senior citizens,
their families and the rest of the community that they
serve; and
(4) establish community-based health and rehabilitation
programs in every political unit of society."
"SEC. 2. Definition of Terms. – For purposes of this Act, these terms are
defined as follows:
(a) "Senior citizen" or "elderly" shall mean any resident citizen of
the Philippines at least sixty (60) years old;
(b) "Benefactor" shall mean any person whether related to the
senior citizens or not who takes care of him/her as a dependent;
(c) "Head of the family" shall mean any person so defined in the
National Internal Revenue Code, as amended; and
(d) "Geriatrics" shall refer to the branch of medical science
devoted to the study of the biological and physical changes and
the diseases of old age."
"SEC. 3. Contribution to the Community. – Any qualified senior citizen as
determined by the Office for Senior Citizens Affairs (OSCA) may render
his/her services to the community which shall consist of, but not limited
to, any of the following:
(a) Tutorial and/or consultancy services;
(b) Actual teaching and demonstration of hobbies and income
generating skills;
(c) Lectures on specialized fields like agriculture, health,
environment protection and the like;
(d) The transfer of new skills acquired by virtue of their training
mentioned in Section 4, paragraph (d); and
(e) Undertaking other appropriate services as determined by the
Office for Senior Citizens Affairs (OSCA) such as school traffic
guide, tourist aide, pre-school assistant, etc.
In consideration of the services rendered by the qualified elderly, the
Office for Senior Citizens Affairs (OSCA) may award or grant benefits or
privileges to the elderly, in addition to the other privileges provided for
under this Act."
"SEC. 4. Privileges for the Senior Citizens. – The senior citizens shall be
entitled to the following:
(a) the grant of twenty percent (20%) discount from all
establishments relative to the utilization of services in hotels and
similar lodging establishment, restaurants and recreation
centers, and purchase of medicines in all establishments for the
exclusive use or enjoyment of senior citizens, including funeral
and burial services for the death of senior citizens;
(b) a minimum of twenty percent (20%) discount on admission
fees charged by theaters, cinema houses and concert halls,
circuses, carnivals, and other similar places of culture, leisure
and amusement for the exclusive use or enjoyment of senior
citizens;
(c. exemption from the payment of individual income taxes:
Provided, That their annual taxable income does not exceed the
poverty level as determined by the National Economic and
Development Authority (NEDA) for that year;
(d) exemption from training fees for socioeconomic programs;
(e) free medical and dental service, diagnostic and laboratory
fees such as, but not limited to, x-rays, computerized
tomography scans and blood tests, in all government facilities,
subject to the guidelines to be issued by the Department of
Health in coordination with the Philippine Health Insurance
Corporation (PHILHEALTH);
(f) the grant of twenty percent (20%) discount on medical and
dental services, and diagnostic and laboratory fees provided
under Section 4 (e) hereof, including professional fees of
attending doctors in all private hospitals and medical facilities, in
accordance with the rules and regulations to be issued by the
Department of Health, in coordination with the Philippine Health
Insurance Corporation;
(g) the grant of twenty percent (20%) discount in fare for
domestic air and sea travel for the exclusive use or enjoyment of
senior citizens;
(h) the grant of twenty percent (20%) discount in public railways,
skyways and bus fare for the exclusive use and enjoyment of
senior citizens;
(i) educational assistance to senior citizens to pursue post
secondary, tertiary, post tertiary, as well as vocational or
technical education in both public and private schools through
provision of scholarship, grants, financial aid subsidies and other
incentives to qualified senior citizens, including support for
books, learning materials, and uniform allowance, to the extent
feasible: Provided, That senior citizens shall meet minimum
admission requirement;
(j) to the extent practicable and feasible, the continuance of the
same benefits and privileges given by the Government Service
Insurance System (GSIS), Social Security System (SSS) and PAG-
IBIG, as the case may be, as are enjoyed by those in actual
service.
(k) retirement benefits of retirees from both the government and
private sector shall be regularly reviewed to ensure their
continuing responsiveness and sustainability, and to the extent
practicable and feasible, shall be upgraded to be at par with the
current scale enjoyed by those in actual service.
(l) to the extent possible, the government may grant special
discounts in special programs for senior citizens on purchase of
basic commodities, subject to the guidelines to be issued for the
purpose by the Department of Trade and Industry (DTI) and the
Department of Agriculture (DA); and
(m) provision of express lanes for senior citizens in all
commercial and government establishments; in the absence
thereof, priority shall be given to them.
In the availment of the privileges mentioned above, the senior citizen or
elderly person may submit as proof of his/her entitlement thereto any of
the following:
(a) an ID issued by the city or municipal mayor or of the
barangay captain of the place where the senior citizen or the
elderly resides;
(b) the passport of the elderly person or senior citizen
concerned; and
(c) other documents that establish that the senior citizen or
elderly person is a citizen of the Republic and is at least sixty
(60) years of age.
The establishment may claim the discounts granted under (a), (f), (g)
and (h) as tax deduction based on the net cost of the goods sold or
services rendered: Provided That the cost of the discount shall be
allowed as deduction from gross income for the same taxable year that
the discount is granted. Provided, further, That the total amount of the
claimed tax deduction net of value added tax if applicable, shall be
included in their gross sales receipts for tax purposes and shall be
subject to proper documentation and to the provisions of the National
Internal Revenue Code, as amended."
"SEC. 5. Government Assistance. – The Government shall provided the
following:
(a) Employment
Senior citizens who have the capacity and desire to work, or be
re-employed, shall be provided information and matching
services to enable them to be productive members of society.
Terms of employments shall conform with the provisions of the
labor code, as amended, and other laws, rules and regulations.
Private entities that will employ senior citizens as employees
upon effectivity of this Act, shall be entitled to an additional
deduction from their gross income, equivalent to fifteen percent
(15%) of the total amount paid as salaries and wages to senior
citizens subject to the provision of Section 34 of the National
Internal Revenue Code, as
amended: Provided, however, That such employment shall
continue for a period of at least six (6) months: Provider, further,
that the annual income of a senior citizen does not exceed he
poverty level as determined by the National Economic and
Development Authority (NEDA) for that year.
The Department of Labor and Employment (DOLE), in
coordination with other government agencies such as, but not
limited to, the Technology and Livelihood Resource Center
(TLRC) and the Department and Trade and Industry (DTI), shall
assess, design and implement training programs that will
provide skills and welfare or livelihood support for senior
citizens.
(b) Education
The Department of Education (DepEd), Technical Education and
Skill Development Authority (TESDA) and the Commission and
Higher Education (CHED), in consultation of non-government
organizations (NGOs) and people's organizations (Pos) for senior
citizen, shall institute a program that will ensure access to
formal and non-formal education.
(c ) Health
The Department of Health (DOH), in coordination with local
government units (LGUs), non-government organizations (NGOs)
and people's organizations (Pos) for senior citizens, shall
institute a national health program and shall provide an
integrated health service for senior citizens. It shall train
community-based health workers among senior citizens and
health personnel to specialize in the geriatric care health
problems of senior citizens.
(d) Social Services
The Department of Social Welfare and Development (DSWD), in
cooperation with the Office for Senior Citizen affairs (OSCA) and
the local government units, non-government organizations and
peoples organizations for senior citizens, shall develop and
implement programs on social services for senior citizens, the
components of which are:
(1) "self and social enhancement services" which provide
senior citizens opportunities for socializing, organizing,
creative expression, and improvement of self;
(2)" after care and follow-up services" which provide
senior citizen who are discharged from the
home/institutions for the aged, especially those who
have problems of reintegration with family and
community, wherein both the senior citizens and their
families are provided with counseling;
(3)"neighborhood support services: wherein the
community/family members provide care giving services
to their frail, sick, or bedridden senior citizens; and
(4) "substitute family care" in the form of residential
care/group homes for
the abandoned, neglected, unattached or homeless
senior citizens and those incapable of self-care.
The grant of at least fifty percent (50%) discount for the
consumption of electricity, water and telephone by the
senior citizens center and residential care/group homes
that are non-stock, non-profit domestic corporation
organized and operated exclusively for the purpose of
promoting of well-being of abandoned, neglected,
unattached, or homeless senior citizens.
(e) Housing
The national government shall include in its national shelter
program the special housing needs of senior citizens, such as
establishment of housing units for the elderly;
(f) Access to Public Transport
The Department of Transportation and Communication (DOTC)
shall develop a program to assist senior citizens to fully gain
access in the use of public transport facilities.
Further, the government shall provide the following assistance to
those caring for and living with the senior citizens:
(a)The senior citizen shall be treated as dependents provided for
in the National Inter Revenue Code, as amended, and as such,
 individual taxpayers caring for them, be they relatives or not
shall be accorded the privileges granted by the Code insofar as
having dependents are concerned.
(b)Individuals or non-government institutions establishing
homes, residential communities or retirement villages solely for
the senior citizens shall be accorded the following:
(1) realty tax holiday for the first five (5) years starting
from the first year of operation;
(2) priority in the building and/or maintenance of the
provincial or municipal roads leading to the aforesaid
home, residential community or retirement village."
"SEC. 6. The Office for Senior Citizens Affairs (OSCA). – There shall be
established in all cities and municipalities an OSCA to be headed by a
senior citizen who shall be appointed by the mayor for
a term of three (3) years without reappointment from a list of three (3)
nominees of the sangguniang panlungsod or the sangguniang bayan.
The head of the OSCA shall be assisted by the City Social Welfare and
Development Officer or the municipal social welfare and development
officer, in coordination with the Social Welfare and Development Office.
The Office of the Mayor shall exercise supervision over the OSCA relative
to their plans, activities and programs for senior citizens. The OSCA shall
work together and establish linkages with accredited NGOs, Pos, and the
barangays in their respective areas.
The office for senior citizens affairs shall have the following functions:
(a) To plan, implement and monitor yearly work programs in
pursuance of the objectives of this Act;
(b) To draw up a list of available and required services which can
provided by the senior citizens;
(c) To maintain and regularly update on a quarterly basis the list
of senior citizens and to issue nationally uniform individual
identification cards, free of charge, which be valid anywhere in
the country;
(d) To service as a general information and liaison center to
serve the needs of the senior citizens;
(e) To monitor compliance of the provisions of this Act
particularly the grant of special discounts and privileges to
senior citizens;
(f) To report to the mayor, establishment found violating any
provision of this Act; and
(g) To assist the senior citizens in filing complaints or charges
against any establishment, institution, or agency refusing to
comply with the privileges under this Act before the Department
of Justice or the provincial, city or municipal trial court."
"SEC. 7. Municipal/ City Responsibility. – It shall be the responsibility of
the municipal/city through the mayor to require all establishment
covered by this Act to prominently display posters, stickers, and other
notices that will generate public awareness of the right and privileges of
senior citizens and to ensure that the provisions of this Act are
implemented to its fullest."
"SEC. 8. Partnership of the National and Local Government Units. – The
national government and local government units shall explore livelihood
opportunities and other undertaking to enhance the well-being of senior
citizens. The shall encourage the establishment of grassroots
organizations for the elderly in their respective territorial jurisdictions."
"SEC. 9 Support for Non-Governmental Organizations (NGOs). – Non-
governmental organizations or private volunteer organizations dedicated
to the promotions, enhancement and support of the welfare of senior
citizens are hereby encouraged to become partners of government in
the implementation of program and projects for the elderly.
According, the government shall recognize the vital role of NGOs in
complementing the government in the delivery of services to senior
citizens. It shall likewise encourage NGOs for the senior citizens to
develop innovative service models and pilots projects and to assist in
the duplication of successful examples of these models elsewhere in the
country.
"SEC. 10. Penalties. – Any person who violates any provision of this Act
shall suffer the following penalties:
(1) For the first violation, a fine of not less than Fifty thousand
pesos (P50,000.00) but not exceeding One hundred thousand
pesos (P100,000.00) and imprisonment of not less than six (6)
months but not more than two (2) years; and
 (2) For any subsequent violation, a fine of not less than One
hundred thousand pesos (P100,000.00) but exceeding Two
hundred thousand pesos (P200,000.00) and imprisonment for
not less than two (2) years but not less than six (6) years.
Any person who abuses the privileges granted herein shall be punished
with a fine of not less than Five thousand pesos (P5,000.00) but not
more than Fifty thousand pesos (P50,000.00), and imprisonment of not
less than six (6) months.
If the offender is a corporation, organization or any similar entity, the
official thereof directly involved shall be liable therefore.
If the offender is an alien or a foreigner, he shall be deported
immediately after service of sentence without further deportation
proceedings.
Upon filling an appropriate complaint, and after due notice and hearing,
the proper authorities may also cause the cancellation or revocation of
the business permit, permit to operate, franchise and other similar
privileges granted to any business entity that fails to abide by the
provisions of this Act."
"SEC. 11. Monitoring and Coordinating Mechanism. – A monitoring and
coordinating mechanism shall be established to be chaired by the
DSWD, with the assistance of the Department of Justice (DOJ),
Department of Health (DOH), Department of the Interior and Local
Government (DILG), and five (5) accredited NGOs representing but not
limited to, women, urban poor, rural poor, and the veterans."
"SEC. 12. Implementing Rules and Regulations. – The Secretary of Social
Welfare and Development, within sixty (60) days from the approval of
this Act, shall promulgate the implementing, rules and regulations for
the effective implementation of the provisions of this Act. In consultation
and coordination with the following agencies and offices:
(a) Department of Health;
(b) Department of Labor and Employment;
(c) Department of Education;
(d) Depart of Transportation and Communications;
(e) Department of Justice;
(f) Department of Interior and Local Government;
(g) Department of Trade and Industry;
(h) Department of Finance;
(i) Commission of Higher Education;
(j) Technical Education and Skills Development Authority;
(k) National Economic and Development Authority;
(l) Housing and Urban Development Coordinating Council; and
(m) Five (5) non-governmental organizations of people's
organizations for the senior citizens duly accredited by the
DSWD."
SEC. 13. Appropriation. – The necessary appropriation for the operation
and maintenance of the OSCA shall be appropriated and approved by
the local government units concerned. The amount necessary to carry
out the provisions of this Act upon its effectivity shall be charged out of
the funds of the Office of the President. Thereafter, any such sum as
shall be needed for the regular implementation of this Act shall be
included in subsequent General Appropriations Act following its
enactment into law."
SECTION 3. All laws, presidential decrees, executive orders and rules and
regulations or part thereof, contrary to, or inconsistent with the provisions of this
Act, are hereby repealed or modified accordingly.
SECTION 4. Should any provision of this Act be found unconstitutional by a court
of law, such provision shall be severed from the remainder of this Act, and such
action shall not affect the enforceability of the remaining provisions of this Act.
SECTION 5. This Act shall take effect fifteen (15) days after its complete
publication in any two (2) national newspapers of general circulation.
ACT NO. 3753 - LAW ON REGISTRY OF CIVIL STATUS
SECTION 1. Civil Register. — A civil register is established for recording the
civil status of persons, in which shall be entered: (a) births; (b) deaths; (c)
marriages; (d) annulments of marriages; (e) divorces; (f) legitimations; (g)
adoptions; (h) acknowledgment of natural children; (i) naturalization; and (j)
changes of name.

SECTION 2. Civil Registrar-General his duties and powers. — The director of
the National Library shall be Civil Registrar-General and shall enforce the
provisions of this Act. The Director of the National Library, in his capacity as Civil
Registrar-General, is hereby authorized to prepare and issue, with the approval
of the Secretary of Justice, regulations for carrying out the purposes of this Act,
and to prepare and order printed the necessary forms for its proper compliance.
In the exercise of his functions as Civil Registrar-General, the Director of the
National Library shall have the power to give orders and instructions to the local
Civil registrars with reference to the performance of their duties as such. It shall
be the duty of the Director of the National Library to report any violation of the
provisions of this Act and all irregularities, negligence or incompetency on the
part of the officers designated as local civil registrars to the (Chief of the
Executive Bureau or the Director of the Non-Christian Tribes) Secretary of the
Interior, as the case may be, who shall take the proper disciplinary action
against the offenders.
SECTION 3. Local Civil Registrars. — Except in the City of Manila, where the
duties of local civil registrar shall be performed by the officer of the Philippine
Health Service designated by the Director of said service, the Treasurers of the
regular municipalities, municipal districts and cities shall be local civil registrars
of the respective municipalities, municipal districts or cities and shall perform
the duties imposed upon them by this Act without extra compensation, in
addition to their ordinary duties. In his capacity as local civil registrar, the officer
designated by the Director of the Health Service as local civil registrar of Manila
and the treasurers above mentioned shall be under the direction and supervision
of the Civil Registrar-General.
SECTION 4. Civil Register Books. — The local registrars shall keep and preserve
in their offices the following books, in which they shall, respectively make the
proper entries concerning the civil status of persons:
1. Birth and death register;
2. Marriage register, in which shall be entered not only the marriages
solemnized but also divorces and dissolved marriages.
3. Legitimation, acknowledgment, adoption, change of name and
naturalization register.
SECTION 5. Registration and Certification of Birth. — The declaration of the
physician or midwife in attendance at the birth or, in default thereof, the
declaration of either parent of the newborn child, shall be sufficient for the
registration of a birth in the civil register. Such declaration shall be exempt from
the documentary stamp tax and shall be sent to the local civil registrar not later
than thirty days after the birth, by the physician, or midwife in attendance at the
birth or by either parent of the newly born child.
In such declaration, the persons above mentioned shall certify to the following
facts: (a) date and hour of birth; (b) sex and nationality of infant; (c) names,
citizenship, and religion of parents or, in case the father is knot known, of the
mother alone; (d) civil status of parents; (e) place where the infant was born; (f)
and such other data may be required in the regulation to be issued.
In the case of an exposed child, the person who found the same shall report to
the local civil registrar the place, date and hour of finding and other attendant
circumstances.
In case of an illegitimate child, the birth certificate shall be signed and sworn to
jointly by the parents of the infant or only the mother if the father refuses. In the
latter case, it shall not be permissible to state or reveal in the document the
name of the father who refuses to acknowledge the child, or to give therein any
information by which such father could be identified.
Any fetus having human features which dies after twenty four hours of existence
completely disengaged from the maternal womb shall be entered in the proper
registers as having been born and having died.
SECTION 6. Death certificate and register. — No human body shall be buried
unless the proper death certificate has been presented and recorded in the
office of the local civil registrar. The physician who attended the deceased or, in
his default the health officer concerned, or in default of the latter, any member
of the family of the deceased or any person having knowledge of the death, shall
report the same to the local health authorities, who shall issue a death
certificate and shall order the same to be recorded in the office of the local civil
registrar. The death certificate, which shall be issued by the attending physician
of the deceased or, in his default, by the proper health officer, shall contain the
following data be furnished by the person reporting the death; (a) date and
place of death; (b) full name, (c) age, (d) sex, (e) occupation or profession, (f)
residence; (g) status as regards marriage, (h) nationality of the deceased, and (i)
probable cause of death.
During epidemics, bodies may be buried provided the proper death certificates
have been secured, which shall be registered not later than five days after the
burial of the body.
SECTION 7. Registration of marriages. — All civil officers and priests or
ministers authorized to solemnize marriages shall send a copy of each marriage
contract solemnized by them to the local civil registrar within the time limit
specified in the existing Marriage Law.
In cases of divorce and annulment of marriage, it shall be the duty of the
successful petitioner for divorce or annulment of marriage to send a copy of the
final decree of the court to that local civil registrar of the municipality where the
dissolved or annulled marriage was solemnized.
In the marriage register there shall be entered the full name and address of
each of the contracting parties, their ages, the place and date of the
solemnization of the marriage, the names and addresses of the witnesses, the
full name, address, and relationship of the minor contracting party or parties or
the person or persons who gave their consent to the marriage, and the full
name, title, and address of the person who solemnized the marriage.
In cases of divorce or annulment of marriages, there shall be recorded the
names of the parties divorced or whose marriage was annulled, the date of the
decree of the court, and such other details as the regulations to be issued may
require.
SECTION 8. Registration of legitimations by subsequent marriage. — The
acknowledgment of the children legitimated by subsequent marriage, referred to
in article one hundred and twenty-one of the Civil Code, may be recorded in the
legitimation register, entering: (a) The names of the parents; (b) that at the time
when the children were conceived, the aforesaid parents could have contracted
marriage, and that they actually contracted marriage, stating the date and place
when such marriage was solemnized, the minister who officiated, and the civil
register where such marriage was recorded; (c) the names of the children
legitimated with reference to their birth certificates.
SECTION 9. Registration of acknowledgment by public instrument. — Any
voluntary acknowledgment by the natural parents or by only one of them by
public instrument, shall be recorded in the acknowledgment register of the civil
registrar of the municipality where the decree was issued. The names of the
interested parties and such other data as may be required by the regulations to
be issued shall be entered in register.
It shall be the duty of the natural parents whose voluntary acknowledgment was
may be means of a public instrument to send a certified copy thereof to the local
civil registrar of the municipality in the civil register whereof the birth of the
acknowledged child was recorded, not later than twenty days after the
execution of such instrument, for the registration thereof.
SECTION 10. Registrations of adoptions, changes of name, and naturalization.
— In cases of adoptions, changes of name, and naturalization, it shall be the
duty of the interested parties or petitioners to register the same in the local civil
registrar of the municipality where the birth of the acknowledged child was
registered setting forth the following data: (a) full name of the natural child
acknowledged; (b) age; (c) date and place of birth; (d) status as to marriage, and
residence of the child acknowledged, (e) full name of the natural father or
mother who makes the acknowledgment; (f) full name of the notary public
before whom the document was acknowledged; (g) full names of witnesses to
document; (h) date and place of acknowledgment of said document and entry
and page number of the notarial register in which the name was recorded.
SECTION 11. Duties of clerks of Court to register certain decisions. — In cases
of legitimation, acknowledgment, adoption, naturalization and change of given
or family name, or both, upon the decree which issued the decree to ascertain
whether the same has been registered, and if this has not been done, to have
said decree recorded in the office of the civil registrar of the municipality where
the court is functioning.
SECTION 12. Duties of local civil registrar. — Local civil registrars shall (a) file
registrable certificates and documents presented to them for entry; (b) complete
the same monthly and prepare and send any information required of them by
the Civil Registrar-General;. (c) issue certified transcripts or copies of any
certificate or document registered upon payment of proper fees; (d) order the
binding, properly classified, of all certificates or documents registered during the
year; (e) send to the Civil Registrar-General, during the first ten days of each
month, a copy of the entries made during the preceding month for filing; (f)
index the same to facilitate search and identification in case any information is
required, and (g) administer oaths, free of charge, for civil register purposes.
SECTION 13. Documents registered are public documents. — The books
making up the civil register and all documents relating thereto shall be
considered public documents and be prima facie evidence of the truth of the
facts therein contained. They shall be open to the public during office hours and
shall be kept in a suitable safe which shall be furnished to the local civil registrar
at the expense of the general fund of the municipality concerned. The local
registrar shall not under any circumstances permit any document entrusted to
his care to be removed from his office, except by order of a court, in which case
the proper receipt shall be taken. The local civil registrar may issue certified
copies of any document filed, upon payment of the proper fees required in this
Act.
SECTION 14. Expenses and fees of the office of the civil registrar. — All
expenses in connection with the establishment of local civil registers shall be
paid out of municipal funds, and for this purpose, municipal councils and boards
shall make the necessary appropriation out of their available general funds:
(These fees have been increased)
For the registration of documents and for certified copies of documents on file in
the local civil registrar's office, fees shall be charged in accordance with the
following schedule:
For registration of legitimations P2.00
For registration of an adoption 2.00
For registration of an annulment of marriage 10.00
For registration of a divorce 10.00
For registration of naturalization 20.00
For registration of a change of name 2.00
For certified copies of any documents in the
 register, for each one hundred
words 20.00
The Civil Registrar General or any local civil registrar may issue certified copies
of documents free of charge for official use or at the request of a competent
court. All fees collected for such purposes shall accrue to the general fund of the
municipality concerned.
All duties and powers established by subsections (d) and (e) of section twenty-
one hundred and twelve of the Administrative Code, imposed and conferred by
said section upon the municipal secretaries, are hereby likewise transferred to
the municipal treasurers in their capacity as local civil registrars.
SECTION 21. All acts or parts of acts inconsistent herewith are hereby
repealed.

SECTION 15. Preservation of present register books. — All birth, death and SECTION 22. This Act shall take effect three months after its approval.
marriage registers and other papers relating thereto at present in the keeping of
the municipal secretaries or the clerk of the Municipal Court of Manila shall be Approved: November 26, 1930
transferred by the same to the officers acting as local civil registrars in each city
or municipality and shall form part of the archives of the latter.
Republic Act No. 7170 January 7, 1992
SECTION 16. False statement. — Any person who shall knowingly make false
statement in the forms furnished and shall present the same for entry in the civil
register, shall be punished by imprisonment for not less than one month nor AN ACT AUTHORIZING THE LEGACY OR DONATION OF ALL OR PART OF A HUMAN
more than six months, or by a fine of not less than two hundred pesos nor more BODY AFTER DEATH FOR SPECIFIED PURPOSES
than five hundred or both, in the discretion of the court.
Be it enacted by the Senate and House of Representatives of the Philippines in
SECTION 17. Failure to report. — Other violations. — Any person whose duty is Congress assembled::
to report any fact concerning the civil status of persons and who knowingly fails
to perform such duty, and any person convicted of having violated any of the
Section 1. Title. – This Act shall be known as the "Organ Donation Act of 1991".
provisions of this Act shall be punished by a fine of not less than ten pesos nor
more than two hundred.
Section 2. Definition of Terms. – As used in this Act the following terms shall
SECTION 18. Neglect of duty with reference to the provisions of this Act. — Any mean:
local registrar who fails properly to perform his duties in accordance with the
provisions of this Act and of the regulations issued hereunder, shall be punished (a) "Organ Bank Storage Facility" - a facility licensed, accredited or
for the first offense, by an administrative fine in a sum equal to his salary for not approved under the law for storage of human bodies or parts thereof.
less than fifteen days nor more than three months, and for a second or repeated
offense, by removal from the service.
(b) "Decedent" - a deceased individual, and includes a still-born infant or
fetus.
SECTION 19. Application of this Act to the special provinces. — The Director of
the National Library, in his capacity as Civil Registrar-General, is hereby
authorized upon recommendation of the (Director of Bureau of Non-Christian (c) "Testator" - an individual who makes a legacy of all or part of his
Tribes) Secretary of the Interior, to designate the municipalities in the specially body.
organized provinces where the provisions of this Act shall be applied.
(d) "Donor" - an individual authorized under this Act to donate all or part
SECTION 20. Transitory provisions. — All rights, duties and powers established of the body of a decedent.1awphilŸalf
by Act Numbered thirty-six hundred and thirteen, entitled the Marriage Law, with
the reference to the procedure for the issuance of the marriage license prior to
(e) "Hospital" - a hospital licensed, accredited or approval under the law,
the solemnization of marriage, the registration, of marriages, and the filing of
and includes, a hospital operated by the Government.
the documents in connection therewith, conferred and imposed by said Act upon
the clerk of the Municipal Court of Manila and the municipal secretaries, are
hereby transferred to the officer of the Health Service in accordance with section (f) "Part" - includes transplantable organs, tissues, eyes, bones, arteries,
three of this Act, and to the municipal treasurers, respectively, in their capacity blood, other fluids and other portions of the human body.
as local registrars.
 (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:1awphilŸalf
(1) In the opinion of the attending physician, based on the
acceptable standards of medical practice, there is an absence of
natural respiratory and cardiac functions and, attempts at
resuscitation would not be successful in restoring those
functions. In this case, death shall be deemed to have occurred
at the time these functions ceased; or
(2) In the opinion of the consulting physician, concurred in by
the attending physician, that on the basis of acceptable
standards of medical practice, there is an irreversible cessation
of all brain functions; and considering the absence of such
functions, further attempts at resuscitation or continued
supportive maintenance would not be successful in resorting
such natural functions. In this case, death shall be deemed to
have occurred at the time when these conditions first appeared.
The death of the person shall be determined in accordance with the acceptable
standards of medical practice and shall be diagnosed separately by the
attending physician and another consulting physician, both of whom must be
appropriately qualified and suitably experienced in the care of such parties. The
death shall be recorded in the patient's medical record.
Section 3. Person Who May Execute A Legacy. – Any individual, at least eighteen
(18) years of age and of sound mind, may give by way of legacy, to take effect
after his death, all or part of his body for any purpose specified in Section 6
hereof.
Section 4. Person Who May Execute a Donation. –
(a) Any of the following, person, in the order of property stated
hereunder, in the absence of actual notice of contrary intentions by the
decedent or actual notice of opposition by a member of the immediate
family of the decedent, may donate all or any part of the decedent's
body for any purpose specified in Section 6 hereof:
(1) Spouse;
(2) Son or daughter of legal age;
(3) Either parent;
(4) Brother or sister of legal age; or
(5) Guardian over the person of the decedent at the time of his
death.
(b) The persons authorized by sub-section (a) of this Section may make
the donation after or immediately before death.
Section 5. Examination of Human Body or Part Thereof . – A legacy of donation of
all or part of a human body authorizes any examination necessary to assure
medical acceptability of the legacy or donation for the purpose(s) intended.
For purposes of this Act, an autopsy shall be conducted on the cadaver of
accident, trauma, or other medico-legal cases immediately after the
pronouncement of death, to determine qualified and healthy human organs for
transplantation and/or in furtherance of medical science.
Section 6. Persons Who May Become Legatees or Donees. – The following
persons may become legatees or donees of human bodies or parts thereof for
any of the purposes stated hereunder:
(a) Any hospital, physician or surgeon - For medical or dental education,
research, advancement of medical or dental science, therapy or
transplantation;
(b) Any accredited medical or dental school, college or university - For
education, research, advancement of medical or dental science, or
therapy;
(c) Any organ bank storage facility - For medical or dental education,
research, therapy, or transplantation; and
 (d) Any specified individual - For therapy or transplantation needed by
him.
Section 7. Duty of Hospitals. – A hospital authorized to receive organ donations
or to conduct transplantation shall train qualified personnel and their staff to
handle the task of introducing the organ donation program in a humane and
delicate manner to the relatives of the donor-decedent enumerated in Section 4
hereof. The hospital shall accomplish the necessary form or document as proof
of compliance with the above requirement.
Section 8. Manner of Executing a Legacy. –
(a) Legacy of all or part of the human body under Section 3 hereof may
be made by will. The legacy becomes effective upon the death of the
testator without waiting for probate of the will. If the will is not probated,
or if it is declared invalid for testamentary purposes, the legacy, to the
extent that it was executed in good faith, is nevertheless valid and
effective.
(b) A legacy of all or part of the human body under Section 3 hereof may
also be made in any document other than a will. The legacy becomes
effective upon death of the testator and shall be respected by and
binding upon his executor or administrator, heirs, assigns, successors-in-
interest and all members of the family. The document, which may be a
card or any paper designed to be carried on a person, must be signed by
the testator in the presence of two witnesses who must sign the
document in his presence. If the testator cannot sign, the document may
be signed for him at his discretion and in his presence, in the presence
of two witnesses who must, likewise, sign the document in the presence
of the testator. Delivery of the document of legacy during the testator's
lifetime is not necessary to make the legacy valid.
(c) The legacy may be made to a specified legatee or without specifying
a legatee. If the legacy is made to a specified legatee who is not
available at the time and place of the testator's death, the attending
physician or surgeon, in the absence of any expressed indication that
the testator desired otherwise, may accept the legacy as legatee. If the
legacy does not specify a legatee, the legacy may be accepted by the
attending physician or surgeon as legatee upon or following the
testator's death. The physician who becomes a legatee under this
subsection shall not participate in the procedures for removing or
transplanting a part or parts of the body of the decedent.
(d) The testator may designate in his will, card or other document, the
surgeon or physician who will carry out the appropriate procedures. In
the absence of a designation, or if the designee is not available, the
legatee or other persons authorized to accept the legacy may authorize
any surgeon or physician for the purpose.
Section 9. Manner of Executing a Donation. – Any donation by a person
authorized under subsection (a) of Section 4 hereof shall be sufficient if it
complies with the formalities of a donation of a movable property.
In the absence of any of the persons specified under Section 4 hereof and in the
absence of any document of organ donation, the physician in charge of the
patient, the head of the hospital or a designated officer of the hospital who has
custody of the body of the deceased classified as accident, trauma, or other
medico-legal cases, may authorize in a public document the removal from such
body for the purpose of transplantation of the organ to the body of a living
person: Provided, That the physician, head of hospital or officer designated by
the hospital for this purpose has exerted reasonable efforts, within forty-eight
(48) hours, to locate the nearest relative listed in Section 4 hereof or guardian of
the decedent at the time of death.
In all donations, the death of a person from whose body an organ will be
removed after his death for the purpose of transplantation to a living person,
shall be diagnosed separately and certified by two (2) qualified physicians
neither of whom should be:
(a) A member of the team of medical practitioners who will effect the
removal of the organ from the body; nor
(b) The physician attending to the receipt of the organ to be removed;
nor
(c) The head of hospital or the designated officer authorizing the
removal of the organ.
Section 10. Person(s) Authorized to Remove Transplantable Organs. – Only
authorized medical practitioners in a hospital shall remove and/or transplant any
organ which is authorized to be removed and/or transplanted pursuant to
Section 5 hereof.
Section 11. Delivery of Document of Legacy or Donation. – If the legacy or
donation is made to a specified legatee or donee, the will, card or other
document, or an executed copy thereof, may be delivered by the testator or
donor, or is authorized representative, to the legatee or donee to expedite the
appropriate procedures immediately after death. The will, card or other
document, or an executed copy thereof, may be deposited in any hospital or
organ bank storage facility that accepts it for safekeeping or for facilitation or
procedures after death. On the request of any interested party upon or after the
testator's death, the person in possession shall produce the document of legacy
or donation for verification.
Section 12. Amendment or Revocation of Legacy or Donation. –
a) If he will, card or other document, or an executed copy thereof, has
been delivered to a specific legatee or donee, the testator or donor may
amend or revoke the legacy or donation either by:
(1) The execution and delivery to the legatee or donee of a
signed statement to that effect; or
(2) An oral statement to that effect made in the presence of two
other persons and communicated to the legatee or donee; or
(3) A statement to that effect during a terminal illness or injury
addressed to an attending physician and communicated to the
legatee or donee; or
(4) A signed card or document to that effect found on the person
or effects of the testator or donor.
(b) Any will, card or other document, or an executed copy thereof, which
has not been delivered to the legatee or donee may be revoked by the
testator or donor in the manner provided in subsection (a) of this Section
or by destruction, cancellation or mutilation of the document and all
executed copies thereof.
Any legacy made by a will may also be amended or revoked in the
manner provided for amendment or revocation of wills, or as provided in
subsection (a) of this Section.
Section 13. Rights and Duties After Death. –
(a) The legatee or donee may accept or reject the legacy or donation as
the case may be. If the legacy of donation is of a part of the body, the
legatee or donee, upon the death of the testator and prior to
embalming, shall effect the removal of the part, avoiding unnecessary
mutilation. After removal of the part, custody of the remainder of the
body vests in the surviving spouse, next of kin or other persons under
obligation to dispose of the body of the decedent.
(b) Any person who acts in good faith in accordance with the terms of
this Act shall not be liable for damages in any civil action or subject to
prosecution in any criminal proceeding of this Act.
Section 14. International Sharing of Human Organs or Tissues. – Sharing of
human organs or tissues shall be made only through exchange programs duly
approved by the Department of Health: Provided, That foreign organ or tissue
bank storage facilities and similar establishments grant reciprocal rights to their
Philippine counterparts to draw organs or tissues at any time.
Section 15. Information Drive. – In order that the public will obtain the maximum
benefits from this Act, the Department of Health, in cooperation with institutions,
such as the National Kidney Institute, civic and non-government health
organizations and other health related agencies, involved in the donation and
transplantation of human organs, shall undertake a public information program.
The Secretary of Health shall endeavor to persuade all health professionals, both
government and private, to make an appeal for human organ donation.
Section 16. Rules and Regulations. – The Secretary of Health, after consultation
with all health professionals, both government and private, and non-government
health organizations shall promulgate such rules and regulations as may be
necessary or proper to implement this Act.
Section 17. Repealing Clause. – All laws, decrees, ordinances, rules and
regulations, executive or administrative orders, and other presidential issuance
inconsistent with this Act, are hereby repealed, amended or modified
accordingly.
Section 18. Separability Clause. – The provisions of this Act are hereby deemed
separable. If any provision hereof should be declared invalid or unconstitutional,
the remaining provisions shall remain in full force and effect.
Section 19. Effectivity. – This Act shall take effect after fifteen (15) days
following its publication in the Official Gazette or at least two (2) newspapers of
general circulation.
Approved: January 7, 1992
REPUBLIC ACT No. 7885
AN ACT TO ADVANCE CORNEAL TRANSPLANTATION IN THE PHILIPPINES,
AMENDING FOR THE PURPOSE REPUBLIC ACT NUMBERED SEVEN THOUSAND
ONE HUNDRED AND SEVENTY (R.A. No. 7170), OTHERWISE KNOWN AS THE
ORGAN DONATION ACT OF 1991.
SECTION 1. Section 9 of Republic Act No. 7170 is hereby amended to read as
follows:
"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 persons specified under Section 4 hereof and in the SEC. 5. All other laws, decrees, executive orders, administrative orders, rules
absence of any document of organ donation, the physician in charge of the and regulations or parts thereof which are inconsistent with the provisions of this
patient, the head of the hospital or a designated officer of the hospital who has Act are hereby repealed, amended or modified accordingly.
custody of the body of the deceased classified as accident, trauma, or other
medico-legal cases, the purpose of transplantation of the organ to the body of a SEC. 6. This Act shall take effect upon its approval.
living person: Provided, That the physician, head of the 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: Provided, however, That
the said physician, head or designated officer of the hospital, or the medico-
legal officer of any government agency which has custody of such body may
authorize the removal of the cornea or corneas of the decedent within twelve
(12) hours after death and upon the request of qualified legatees or donees for
the sole purpose of transplantation: Provided, That such removal of the cornea
or corneas will not interfere with any subsequent investigation or alter the post-
mortem facial appearance of the decedent by such means as placing eye caps
after the said cornea or corneas have been removed.

"In all donations, the death of a person from whose body and organ will be
removed after for the purpose of transplantation to a living person, shall be
diagnosed separately and certified by two (2) qualified physicians neither of
whom shall 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 recipient of the organ to be removed; nor

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

SEC. 2. Section 10 of Republic Act No. 7170 is also amended to read as follows:
"SEC. 10. Person(s) Authorized to Remove and Transplant Organs and Tissues -
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: Provided, however, That the removal of corneal
tissues shall be performed only by opthalmic surgeons and opthalmic
technicians trained in the methodology oof such procedure and duly certified by
the accredited National Association of Opthalmologists."
SEC. 3. The implementing rules and regulations of Republic Act No. 7170 shall
be amended accordingly by the Secretary of Health, in consultation with
professional health groups and non-government health organizations, to make it
consistent with the provisions of this Act.

SEC. 4. The provisions of this Act are hereby declared separable, and in the
event any such provisions is declared unconstitutional, the other provisions not
affected thereby shall remain in force and effect.