gf

Republic of the Philippines

Department of Health
OFFICE OF THE SECRETARY

March 18, 2019

MEMORANDUM CIRCULAR
No. 2019 - 0012

___
TO >:
ALL UNDERSECRETARIES, ASSISTANT SECRETARIES,
DIRECTORS OF BUREAUS, SERVICES AND CENTERS FOR
HEALTH DEVELOPMENT AND S; EXECUTIVE DIRECTORS OF
SPECIALTY HOSPITALS, CHIEFS OF MEDICAL CENTERS,
HOSPITALS, SANITARIA AND INSTITUTES; PRESIDENT OF
THE PHILIPPINE HEALTH INSURANCE CORPORATION;
DIRECTORS OF TREATMENT AND REHABILITATION
CENTERS; ATTACHED AGENCIES AND OTHERS CONCERNED

SUBJECT: Republic Act (RA) No. 11166 “An Act Strengthening the Philippine
Comprehensive Policy on Human Immunodeficiency Virus (HIV) and
Acquired Immune Deficiency Syndrome (AIDS) Prevention,
Treatment, Care and Support, and Reconstituting the Philippine
National AIDS Council (PNAC), Repealing for the Purpose RA No.
8404, Otherwise Known as the “Philippine AIDS Prevention and
Control Act of 1998” and Appropriating Funds Therefore”

Attached for your information and guidance is a copy of the RA No. 11166 “An Act
Strengthening the Philippine Comprehensive Policy on Human Immunodeficiency Virus
(HIV) and Acquired Immune Deficiency Syndrome (AIDS) Prevention, Treatment, Care and
Support, and Reconstituting the Philippine National AIDS Council (PNAC), Repealing for the
Purpose RA No. 8404, Otherwise Known as the “Philippine AIDS Prevention and Control Act
of 1998” and Appropriating Funds Therefore” approved on Decembef 20, 2018.

Dissemination of the information to all concerned is requeste

By Authority of the
Sd¢retary Health:

LILIBETH C. DAVID, MD, MPH, MPM,

Undersecretary of Health
CESO
III
Health Facilities and Infrastructure Development Team

Building 1, San Lazaro Compound, Rizal Avenue, Sta. Cruz, 1003 Manila
e Trunk Line 651-7800 local 1113, 1108, 1135
Direct Line: 711-9502: 711-9503 Fax: 743-1829; 743-1786
e URL: http://www.doh.gov.ph: e-mail: fiduque@doh.gov.ph
§. No 1300
H. No. 6617

Republic of the Philippines

Congress of the Philippines

Hetero Manila

Seventeenth Congress

Third Regular Session

in Metro Manila, on Monday,

the twenty-third
Begun and held
day of July, two thousand eighteen.

ea 11166 |
[ Repustic Act No.
PHILIPPINE
AN STRENGTHENING THE
ACT HUMAN
POLICY ON
“COMPREHENSIVE AND ACQUIRED
[MMUNODEFICIENCY VIRUS (HIV) (AIDS)
IMMUNE DEFICIENCY SYNDROME SUPPORT,
CARE, AND
PREVENTION, TREATMENT,
THE PHILIPPINE NATIONAL
AND RECONSTITUTIN +
REPEALING FOR THE
AIDS COUNCIL (PNAC), NO. 8504, OTHERWISE
PURPOSE REPUBLIC ACT AIDS PREVENTION
KNOWN AS THE “PHILIPPINE APPROPRIATING
1998”, AND
AND CONTROL ACT OF
FUNDS THEREFOR
Representatives of the
Be it enacted by the Senate
and House of
assembled.
Philippines in Congress

shall be known as
SpCTION Short Tithe. ~ This Act
1.
AIDS Policy Act’.
the “Philippine HIV and
 AEN:

SIEN

NN
3

Adopt a multi-sectoral approach in responding to the

PA

(b)
SEC. 2. Declaration of Policies. - The
Human
country’s HIV and AIDS situation by ensuring that the
whole
Immunodeficiency Virus (HIV) and Acquired Immune approach, local communities, civil society
of government
Deficiency Syndrome (AIDS) are public health concerns that organizations (CSOs), and persons living with HIV are at
the
have wide-ranging social, political, and economic repercussions. center of the process;
is
Responding to the country’s HIV and AIDS situation
therefore imbued with public interest and shall be anchored Ensure access to HIV- and AIDS-related services by
(c)
on the principles of human rights upholding human dignity. eliminating the climate of stigma and discrimination that
the
.

surrounds the country’s HIV and AIDS situation, and

Policies and practices that discriminate on the basis of people directly and indirectly affected by it;
and
perceived or actual HIV status, sex, gender, sexual orientation,
gender identity and expression, age, economic status, disability, (a) Positively address and seek to eradicate conditions that
and ethnicity hamper the enjoyment of basic human rights aggravate the spread of HIV infection, which
include poverty,
and freedoms guaranteed in the Constitution and are deemed gender inequality, marginalization, and ignorance.
inimical to national interest.
SEC. 3. Definition of Terms. — For the purposes of this
The State shall respect, protect, and promote human Act, the following terms shall be defined as follows:
the
rights as the cornerstones of an effective response toAIDS
HIV and situation. Hence, HIV and refers
(a) Acquired Immune Deficiency Syndrome (AIDS)
country’s AIDS
of
education and information dissemination should form part to a health condition where there is a deficiency
of the
the right to health.
.

immune system that stems from infection with the Human

Immunodeficiency Virus or HIV, making an individual
The meaningful inclusion and participation of persons susceptible to opportunistic infections;
directly and indirectly affected by the HIV and AIDS situation,
especially persons living with HIV, are crucial in eliminating Anti-retroviral Therapy (ART) refers to the treatment
(b)
the virus. Thus, unless otherwise provided in this Act, the that stops or suppresses viral replication or replications of ofa
confidentiality and non-compulsory nature of HIV testing and retrovirus like HIV, thereby slowing down the progression
HIV-related testing shall always be guaranteed and protected infection;
by the State.
(c) Bullying refers to any severe or repeated use by one
Towards this end, the State shall ensure the delivery of or more persons of a written, verbal or electronic expression,
non-discriminatory HIV and AIDS services by government and combination thereof,
redress or a physical act or gesture, or any
private HIV and AIDS service providers, and develop directed at another person that has the effect of actually
mechanisms for persons living with HIV to ensure that their causing or placing the latter in reasonable fear of physical or
civil, political, economic, and social rights are protected. emotional harm or damage to one’s property; creating a hostile
of
environment for the other person; infringing on the rights
Accordingly, the State shail: another person; or materially and substantially disrupting the
of an institution or organization;
(a) Establish policies and programs to prevent the spread
processes or orderly operation
of HIV and deliver treatment, care, and support services to to groups of
(a) Civil Society Organizations (CSOs) refer
Filipinos living with HIV in accordance with evidence-based nongovernmental and noncommercial individuals or legal
of human
strategies and approaches that uphold the principles entities that are engaged in non-coerced collective action around
rights, gender-responsiveness, and age-appropriateness,
affected by shared interests, purpose and values;
including meaningful participation of communities
the country’s HIV and AIDS situation;
 wi

femimine
inclinations, and behavior in relation to masculine or
Community-Based Research refers to studies
(ec)
conventions. A person may have a male or female identity
undertaken in community settings, which involve community with the physiological characteristics of the opposite sex;
members in the design and implementation of research
projects; @) Health Maintenance Organizations (HMO) refer to
for the
juridical entities legally organized to provide or arrange
(f) Comprehensive Health Intervention for Key health care services to
provision of pre-agreed or designated
Populations refers to evidence-based policies, programs, and its enrolled members for a fixed pre-paid fee
for a specified
approaches that aim to reduce transmission of HIV and
harmful consequences on health, social relations and economic
its period of time:
conditions: involvement
(m) High-risk Behavior yefers to a person’s
in certain activities that increase the risk of transmitting or
(g) Compulsory HIV Testing refers to HIV testing
imposed upon an individual characterized by lack of consent,
acquiring HIV;
use of force or intimidation, the use of testing as a prerequisite (nm) Human Immunodeficiency
Virus (HIV) refers to the
for employment or other purposes, and other circumstances called retrovirus, which infects cells of the
virus, of the type
when informed choice is absent; and destroys or impairs the cells’
human immune system,
(h) Discrimination refers to unfair or unjust treatment function. Infection with HIV results in the progressive
deterioration of the immune system, leading to immune
that distinguishes, excludes, restricts, or shows preferences
based on any ground such as sex, gender, age, sexual
deficiency;
orientation, gender identity and expression, economic status, (o) HIV Counseling refers to the interpersonal and
disability, ethnicity, and HIV status, whether actual or a client and a
dynamic communication process between
perceived, and which has the purpose or effect of nullifying who is bound by a code of ethics and
all trained counselor,
or impairing the recognition, enjoyment or exercise by practice to resolve personal, social, or
psychological problems
of all their rights and freedoms; in counseling in the
persons similarly situated, and difficulties, and whose objective
of HIV diagnosis is to encourage the client to
context an
@ Evolving Capacities of the Child refer to the concept identify ways of coping with
explore important personal issues,
enshrined in Article 5 of the Convention on the Rights of the plan for the future (keeping healthy,
Child recognizing the developmental changes and the anxiety and stress, transmission) and in
adhering to treatment, and preventing
corresponding progress in cognitive abilities and capacity for of a negative HIV test result, to encourage
self-determination undergone by children as they grow up, thus the context skills to
the client to explore motivations, options, and
requiring parents and others charged with the responsibility
for the child to provide varying degrees of protection, and to stay HiV-negative;
allow their participation in opportunities for autonomous and AIDS Counselor refers to any individual
(p) HIV
decision-making in different contexts and across different areas by the
of decision-making;
trained by an institution or organization accredited
services on.
counseling
Department of Health (DOH) to provide modification;
HIV and AIDS with emphasis on behavior
G) Gender Expression refers to the way a person
communicates gender identity to others through behavior, (q) HIV and AIDS Monitoring
refers to the documentation
clothing, hairstyles, communication or speech pattern, or body HIV and AIDS infections and
characteristics;
and analysis of the number of
the pattern of its spread:
(k) Gender Identity refers to the personal sense of identity
of clothing,
as characterized, among others, by manner

ae
 7

refers to an area or place, including

(aa) Laboratory
community-based settings, where research studies are
Control refers to being
(vt) HIV and AIDS Prevention and HIV
effective
non-infected persons from undertaken to develop local evidence for response;
measures aimed at protecting of the condition
contracting HIV and minimizing the impact
on persons living with HIV;
Mature Minor Doctrine refers to the legal principle
(bb)
minors to consent
that recognizes the capacity of some if they have been assessed
HIV medical
HIV-Negative refers to the absence of HIV or independently to procedures,
(s) to understand the nature of
antibodies upon HIV testing: by qualified health professionals make a decision on their
procedures and their consequences to
(t) HIV-Positive refers to the presence
of HIV infection own;
the of HIV or HIV antibodies in
as documented by presence
Medical Confidentiality refers to the core duty
of
the sample being tested; (cc)
the information provided by the patient
medical practice where
health status is kept
(u) HIV Testing refers to any facility-based,
mobile to health practitioners and his/her third The patient's
medical procedure, or community-based screening
modalities private and is not divulged be sharedparties.
to
with other medical
conducted to determine the presence or absence of health status can, however,
that are care of the patient,
HIV in a person’s body. HIV testing is confidential,
voluntary practitioners involved in the professional
confidentiality. Medical
in nature and must be accompanied by counseling prior to, who will also be bound by medical consulting
the informed confidentiality applies to the attending physician, all other
mo

and after the testing, and conducted only with

technologist and
pia

medical specialist, nurse, medical

consent of the person;
2g

counseling, testing
health workers or personnel involved in any
da

HIV-related Testing refers to any laboratory testing or professional care of the patient. It also applies to any person MAID

(v)
relation to a person's who, in any official capacity, has acquired or may have
or procedure done on an individual in
_

REE

acquired such confidential information;

HIV condition; 2
ee

caused by
Seah

HIV Testing Facility refers to any DOH accredited Opportunistic infections refer to illnesses
pe

(dd)
(w)
and
eben

of which do not cause diseases in

on-site or mobile testing center, hospital, clinic, laboratory, HIV various organisms, many
other facility that has the capacity to conduct voluntary persons with healthy immune system:
acumaae

set

counseling and HIV testing; the process by which

(ee) Partner Notification refers to
HIV from “source”, or “patient” who has a sexually
HIV Transmission refers to the transfer of
(x) the “index client”, is given support in
individual, through infection (STD including HIV,
one infected person to an uninfected transmitted
the partners that have been exposed
unprotected sexual intercourse, blood transfusion, sharing of order to notify and advise index client a
during includes giving the
contaminated intravenous needles, or which may occur to infection. Support to attend
mechanism to encourage the client’s partner
pregnancy, delivery, and breastfeeding: and other prevention and treatment
counseling, testing
observed in the entire process;
Informed Consent refers to the voluntary agreement
(y) services. Confidentiality shall be
based
of a person to undergo or be subjected to a procedure (PLHIV) refers to any
on full information, whether such permission is written or @ Person Living with HIV with HIV;
individual diagnosed to be infected
conveyed verbally:

Populations refer to those groups or

Key Affected (gg)Pre-exposure Prophylaxis refers to the of use of
HIV
(z) for the prevention
persons at higher risk of HIV exposure, or affected populations prescription drugs as a strategy HIV and AIDS. It is an
more likely to be exposed to
HIV infection by people who do not have
whose behavior make them
or to transmit the virus;

i
SR
Mb

8 «Deb

hion

Sexual Orientation refers to the direction of

nth

who are
optional treatment, which may be taken by people
(pp)
emotional, sexual attraction, or conduct towards people of the
ectshee

HIV-negative but who have substantial, higher-than-average towards people of both

risk of contracting an HIV infection; same sex (homosexual orientation) or
sexes (bisexual orientation) or towards people of the opposite
of providing (heterosexual orientation) or to the absence of sexual
(bh) Pre-test Counseling refers to the process sex
biomedical aspects of attraction (asexual orientation):
an individual with information on the
and AIDS, and emotional support to any psychological
HIV
test
result itself Social Protection refers to a set of policies and
implications of undergoing HIV testing and
the (qq)
to the test; programs designed to reduce poverty
and vulnerability by
before the individual is subjected
promoting efficient labor markets, diminishing people’s exposure
to risks, and enhancing their capacity to protect themselves
(a) Post-exposure Prophylaxis refers to a preventive
against hazards, and interruptions on, or loss
of income;
medical treatment started immediately after exposure to a
pathogen (HIV) in order to prevent infection by
the pathogen and
of the disease: @r) Stigma refers to the dynamic devaluationwhich
and the development dehumanization of an individual in the eyes of others,
defined by
Gj) Post-test Counseling refers to the process of providing may be based on attributes that are arbitrarily
and which results in
others as discreditable or unworthy,
risk-reduction information and emotional support to a person discrimination when acted upon;
who submitted to HIV testing at the time the
result is
released;
(ss) Treatment hubs refer to private and public hospitals
used to or medical establishments accredited by
the DOH to have the
(kk) Prophylactic refers to any agent or device services
of an infection: capacity and facility to provide treatment and care
prevent the transmission to PLHIV;
(i) Provider-initiated Counseling and Testing refers to
HIV testing to a person (tt) Voluntary HIV testing refers to HIV testing done on
a health care provider initiating to HIV after an individual who, after having undergone pre-test
counseling,
practicing high-risk behavior or vulnerable
A may elect to willingly submits to such test:
conducting HIV pre-test counseling. person
is conditional;
decline or defer testing such that consent
(au) Vulnerable communities refer to communities and
such as unequal
(mm) Redress refers to an act of compensation for groups suffering from vulnerabilities unemployment, and
opportunities, social exclusion, poverty,
unfairness, grievance, and reparation; other similar social, economic, cultural and political conditions,
(an) Safer Sex Practices refer to choices made
and making them more susceptible to HIV infection and to
behaviors adopted by a person to reduce or minimize the
risk developing AIDS; and OE

sexual
of HIV transmission. These may include postponing of male work site
(vv) Workplace refers to the office, premise or
nn TR

correct and consistent use

ee

debut, non-penetrative sex,

where workers are habitually employed and shall include the
or female condoms, and reducing the
number of sexual work
office or place where workers, with no fixed or definite
piibepsaee

ACE

of their
site, regularly report for assignment in the course
ti

partners;
AOA

amt

refer to
5

(00) Sexually Transmitted Infections (STIs)

employment. AAT

infections that are spread through the transfer

of organisms
etch:

EAC

from one person to another as a result of sexual contact:

psn

PNG

eet

hatte

OMMITERS

celnge

manera

*
 il
10
G) Coordinate, organize, and work in partnership with
ARTICLE I
foreign and international organizations regarding
funding, data
collection, research, and prevention and treatment modalities
THE PHILIPPINE NATIONAL AIDS COUNCIL HIV and AIDS, and ensure foreign funded programs are
on
aligned to the national response;
Philippine National AIDS Council (PNAC).
—
SEC. 4.
Act other
The PNAC, established under Section 43 of Republic
AIDS Prevention G) Advocate for policy reforms to Congress and
No. 8504, otherwise known as the “Philippine agencies to strengthen the country’s response to
and government
and Control Act of 1998”, shall be reconstituted the HIV and AIDS situation;
streamlined to ensure the implementation of the country’s
response to the HIV and AIDS situation. Submit an annual report to the Office of the
(k)
DOH with President, Congress, and the members of the Council;
The PNAC shall be an agency attached to the
Act (GAA).
a separate budget under the General Appropriations
shall @) Identify gaps in the national response on the part
It shall have its own secretariat and staffing pattern that of government agencies and its partners from civil society and
be headed by an executive director. international organizations, in order to develop and implement
the initial interventions required in these situations; and
Sec. 5. Functions. — The PNAC shall perform the
following functions: (m)Recommend policies and programs that will
institutionalize or continue the interventions required in
(a) Develop the AIDS Medium Term Plan (AMTP) in addressing the gaps identified in the national response to the
CSOs, the
collaboration with relevant government agencies, HIV and AIDS situation of the country.
PLHIV community, and other stakeholders;
under
of In addition to the powers and functions enumerated shall
(b) Ensure the operationalization and implementation the preceding paragraph, the members of the PNAC also
the AMTP; and implement individual action plans, which shall be
develop
anchored to and integrated in the AMTP. Such action of plans
Strengthen the collaboration between government based on the duties, powers, and functions the
(c)
of the shall be
agencies and CSOs involved in the implementation of HIV individual agencies as identified in Articles If to VII of this
national HIV and AIDS response, including the delivery Act.
and AIDS related services;
aE.

SEC. 6. Membership and Composition. — Selection

of the
(d) Develop and ensure the implementation of the members of PNAC shall be based on the following criteria:
including other
guidelines and policies provided in this Act,
policies that may be necessary to implement
the AMTP; (a) agencies or CSOs with direct
Government of the
contribution to the performance of the core functions
Monitor the progress of the response to the country’s
(e) Council (oversight, direction setting and policy making);
HIV and AIDS situation;
undertake Government agencies or CSOs with existing
(bo)

() Monitor the implementation of the AMTP, programs, services and activities

that directly contribute to the
mid-term assessments and evaluate its impact; achievement of the AMTP; and
(g) Mobilize sources of funds for the AMTP: () Government agencies or CSOs with existing and
and constituencies that are targeted by the AMTP’s objectives
(h) Mobilize its members to conduct monitoring activities.
services
evaluation of HIV-related programs. policies, and
within their mandate:
 13

12
be lower than
represented by an official whose rank shall not
The following agencies and CSOs shall be represented in
an Assistant Secretary or its equivalent.
the PNAC: later
The members of the PNAC shall be appointed notof this
(1) Department of Health (DOH); than thirty (30) days after the date of the enactment
Act.
(2) Department of Education (DepEd); The
The PNAC shall meet at least once every quarter.of the
Department of Labor and Employment (DOLE); or the Vice Chairperson
(3) presence of the Chairperson other PNAC members and/or
PNAC, and at least ten (10)
(4) Department of Social Welfare and Development permanent representatives shall of constitute a quorum to do
(DSWD); business, and a majority vote those present shall be
sufficient to pass resolutions or render decisions.
(5) Department of the Interior and Local Government
(DILG); The Secretary of Health shall be Vicethe permanent
Chairperson of the PNAC. However, the Chairperson
and
(6) Civil Service Commission (CSC); shall be elected from the government agency members, representing
shall serve for a term of three (3) years. Members renewable upon
(7) Commission on Higher Education (CHED); CSOs shall serve for a term of three (3) years,
of two (2)
recommendation of the Council for a maximum
(8) National Youth Commission (NYC); consecutive terms.

SEC. 7. Secretariat. — The PNAC shall

be supported by
(9) Philippine Information Agency (PIA);
of personnel with the necessary
a secretariat consisting that shall be conferred
(10) Department of Budget and Management; technical expertise and capability
to Civil Service rules and
and permanent appointments, subject be Executive
(il) The Chairperson of the Committee on Health his regulations. The Secretariat shall headed by an
of the
Demography of the Senate of the Philippines or Director, who shall be under the direct supervision
representative; Chairperson of the PNAC.
the functions:
The Chairperson of the Committee on Health of
(12) The Secretariat shall perform the following
House of Representatives or his representative;
(a) Coordinate and manage the day-to-day affairs of the
of
(13-14) Two (2) representatives from organizations PNAC;
persons living with HIV and
AIDS;
(b) Assist in the formulation, monitoring, and evaluation
(15) One (1) representative from a private organization of policies and the AMTP;
and
with expertise in standard setting and service delivery;
Provide technical assistance, support, and advisory
its
(c)
working for the external partners:
(16-21) Six (6) representatives from NGOs services to the PNAC and
welfare of identified key populations.
internal
@) Assist the PNAC in identifying and building
the
Except for members from government agencies,
President of and external networks and partnerships;
members of the PNAC shall be appointed by the
The heads of government agencies may be
the Philippines.
 13

14
with the PNAC for
adequate yearly budget. shall coordinate
(e) Coordinate and support the efforts of the PNAC and the implementation of the health sector's HIV and AIDS and
its members to mobilize resources; STI response. as identified in the AMTP.
and AIDS-related
() Serve as the repository of HIV The Epidemiology Bureau shall maintain a comprehensive
information; HIV and AIDS monitoring and evaluation program
that shall
and serve the following purposes:
(g) Disseminate updated, accurate, relevant, AIDS
-
comprehensive information about the country’s HIV and (a) Determine and monitor the magnitude and
and the media:
situation to PNAC members. policy makers, progression of HIV and AIDS in the Philippines
and regularly
with high magnitude of HIV
provide a list of priority areas
(h) Provide administrative support to the PNAC; and and AIDS cases and co-infections to help the PNAC evaluate
the adequacy and efficacy of HIV prevention and treatment
Coordinate, fund and implement, as directed by the programs being employed;
Council as gaps in
(@)

PNAC, the interventions identified by the

CSOs and the
the AMTP implementation. in cooperation with tb) Receive, collate, process, and evaluateall HIV- and
PLHIV community. AIDS-related medical reports from all hospitals, clinics,
centers, including HIV-related deaths
— The PNAC
laboratories and testing
Sec. 8. AIDS Medium Term Plan (AMTP). and relevant data from public and private hospitals. various
(6)-year AMTP,
shall formulate and periodically update the databanks or information systems: Provided, That it and
six shall
to prevent and control that anonymity
a national multi-sectoral strategic plan The AMTP shall adopt a coding system ensures
the spread of HIV and AIDs in the country. confidentiality; and
include the following:
fc)Submit, through its Secretariat, quarterly ofand
(a) The country’s targets and strategies in addressing annual reports to the PNAC containing the findings
its
the HIV and AIDS situation: with this
monitoring and evaluation activities in compliance
and support, and mandate.
(b) The prevention, treatment, care
other components of the country’s response: SEC. 10. Protection of Human Rights. — The country’s
AIDS situation shall be anchored on
the program and vesponse to the HIV and Public
() The operationalization of that shall implement the principles of human rights and human dignity.
identification of the government agencies
office within each health concerns shall be aligned with internationally-recognized
the program, including the designated human rights instruments and standards.
coordinating, facilitating, and
agency responsible for overseeing,
monitoring the implementation of its AIDS program from the Towards this end, the members of the PNAC, in
national to the local levels; and CSOs, and in collaboration with the
cooperation with Commission on Human
Department of Justice (DOJ) and the
The budgetary requirements and a corollary
@)
in the Rights (CHR), shall ensure the delivery of non-discriminatory
HIV and
investment plan of each government agency specified for its HIV and AIDS services by government and private
AMTP, and shall identify the sources of funds Further, the DOJ and CHR, in
AIDS service providers.
implementation. coordination with the PNAC, shall take the lead in developing

— The National HIV and

AIDS redress mechanisms for PLHIV and key affected social populations
SEC. 9. The Role of DOH. to ensure that their civil, political, economic, and rights
and Control Program (NASPCP) of the with local government
and STI Prevention are protected. The PNAC shall cooperate
DOH, which shall be composed of qualified
medical specialists
with permanent appointments, and with
and support personnel
 17

16 learning
institutions, including alternative and indigenous
include human
mediation and modules shall
units (LGUs) to strengthen existing systems. The learning
information on treatment, care,
reconciliation mechanisms at the local level.
rights-based principles and
and support to promote stigma reduction.
ARTICLE I The learning modules that shall be developedwith
to
be done in coordination
INFORMATION, EDUCATION AND COMMUNICATION implement this provision shall education sector. Referral
‘the PNAC and stakeholders in the the DSWD Referral
SEC. 11. Prevention Program. — There shall be an HIV mechanisms, including but not limited to, for
the public on in the modules key populations
and AIDS prevention program that will educate risky System, shall be included
other STIs, with the goal of reducing and vulnerable communities.
HIV and AIDS and
lowering vulnerabilities, and promoting the human
behavior, the
rights of PLHIV. The DepEd, CHED, and TESDA shall ensure and
development and provision of psychosocial support
of measures for the development of
The PNAC shall promote and adopt a range counseling in learning institutions,
CSOs that aim to of values and behavior pertaining
and interventions, in partnership with positive health, and promotion
with the DOH. For
of HIV in the general to reproductive health, in coordination
prevent, halt, or contro! the spread populations and allocated for the training and
population, especially among the key
ikewise promote
this purpose, funds shall be school counselors.
vulnerable communities. These measures shall certification of teachers and
PLHIV and the affected
the rights, welfare, and participation of Guardians. — The
children, young people, families, and partners
of PLHIV. SEC. 13. Education for Parents and
coordination with parent-teacher organizations im
DepEd in awareness-building
The HIV and AIDS education and prevention programs schools and communities shall conduct
evidence and and guardians with a
shall be age-appropriate and based on up-to-date seminars in order to provide parents HIV and AIDS education.
scientific strategies, and shall actively promote: gender-responsive and age-sensitive
practices among the general population, SEC, 14. Education as a Right to Health
and Information.
(a) Safer sex shall
and consistent and and information dissemination
including sexual abstinence, sexual fidelity, _ HIV and AIDS education health.
correct condom use especially among key populations; form part of the constitutional right to
@ Health
(b) Other practices that reduce risk of HIV
infection;
Sec. 15. HIV and AIDS Information as information
Service. ~ HIV and AIDS education and
of health services
(c) Universal awareness of and access to evidence-based dissemination shall form part of the delivery
and medically safe, by health practitioners, workers,
and personnel. The knowledge
and relevant information and education, and workers shall be enhanced
legally affordable, effective. and quality treatment; and capabilities of all public health
information dissemination and
to include skills for proper
@) Knowledge of the health, civil, political,
their families.
economic,
education on HIV and AIDS. It shall likewise be considered
in the private sector to
and social rights of PLHIV and a civic duty of health care providers
such information necessary to
make available to the public
SEC, 12. Education in Learning Institutions.
— Using
and control the spread of HIV and AIDS, and to
prevent this disease. The
correct common misconceptions about
the PNAC, the DepEd,
standardized information and data from discussions on
and Skills Development workers shall include
CHED, and the Technical Education
and age-appropriate
training of health such confidentiality, informed
Authority (TESDA), shall integrate basic HIV-related ethical issues as
modes of transmission, and ways to provide treatment.
instruction on the causes, consent, and the duty
the spread of HIV and AIDS and other STIs in
of preventing
and private learning
their respective curricula taught in public
 i9
[8
Municipalities, through the local HIV
and AIDS Councils (LAC)
SEC. 16. -
Education in the Workplace. All public and
members of the and, in coordination with the
or the local health boards locally-based, multi-sectoral
private employers and employees, including a
Armed Forces of the Philippines (AFP) and the Philippine PNAC, shall implement various
National Police (PNP), shall be regularly provided with community response to HIV and AIDS through age-appropriate,
evidence-based, gender-responsive,
standardized basic information and instruction on HIV and channels on
tools to stop the spread
AIDS, including topics on confidentiality in the workplace
and and human rights-oriented prevention funds and other
of HIV. Gender and Development (GAD)
reduction or elimination of stigma and discrimination.
sources may be utilized for these purposes.
The PNAC shall develop the standardized and key geographically
messages on the prevention and contro!
of HIV and AIDS based Indigenous peoples communities and shall also be given
isolated and disadvantaged areas (GIDA)
on current and updated information on the
disease.
due focus in the implementation of this section.
The DOLE for the private sector, the CSC for the public DSWD and the NYC,
service shall The DILG, in coordination with the
sector, and the AFP and PNP for the uniformed HIV and AIDS education for
implement this provision: Provided, That the
standardized shall also conduct age-appropriate
shall be conducted by DOLE out-of-school youth.
basic information and instruction
for the private sector at no cost to the employers and and Vulnerable
SEC. 20. Education for Key Populations
services reach key
Communities. — To ensure that
employees. HIV
the PNAC, in collaboration with
gc. 17. Education for Filipinos Going Abroad. The populations at higher risk,
programs and
—
and AIDS
State shall ensure that all overseas Filipino workers
and the LGUs and CSOs engaged in HIV for HIV and AIDS
funding
diplomatic, military, trade, and labor officials and personnel projects, shall support and provide education, support groups,
to be assigned overseas shall attend a seminar on
the causes. education programs, such as peer research that target
of and impact of HIV and AIDS, before outreach activities, and community-based
manner prevention,
Provided, and other vulnerable communities. The DOH
being granted a certification for overseas assignment: these populations
to overseas agencies and the PNAC
shall, in coordination with appropriate information
That the seminar shall be conducted at no cost
standardized messages for
craft the guidelines, and
Filipino workers or to the officials concerned. and outreach activities.
peer education, support group,
The DOLE, the Department of Foreign Affairs (DPA), the Appropriate
Sec. 21. Information on Prophylactics.
—

Commission on Filipino Overseas (CFO), and other relevant provided with every
government agencies in collaboration with the DOH, shall information shall be attached to, or donation. Such
prophylactic offered for sale or given as
ensure the implementation of this section.
iageremgemien

and Filipino,
information shall be legibly printed in English
of the prophylactic
and contain literature on the proper use
Information for Tourists and Transients.
—
SEC. 18.
and its efficacy against HIV and STL take

Educational materials on the causes, modes of transmission, device or agent,

list of HIV
prevention, and consequences of HIV infection and SEC. 22. Misinformation on HIV and false and-
AIDS.
at all
mt

counseling testing facilities shall be adequately provided which includes

Misinformation on HIV and AIDS,
international and local ports of entry and exit. The PIA, form of media,
in misleading advertising and claims in any
together with other relevant government agencies,
ANY

internet and social platforms, and

coordination with the PNAC and stakeholders in the tourism including traditional media, of drugs,
mobile applications, of the promotional marketing
TCR

industry, shall lead the implementation of this section. without prior approval from the
devices, agents or procedures
ADR

Food and Drug Administration (FDA), and

Education in Communities. — The DILG. the DOH through the
Sec. basis. including
EEDENA

19.
Union of Local Authorities of the Philippines (ULAP), the without the requisite medical and scientific devices or agents.
TRAE

and indications in drugs and

the League of markings
League of Provinces. the League of Cities, and
RA

anna

soe
 2!
20
for people
for HIV evidence-based HIV prevention policy and program
claiming to be a cure or a fail-safe prophylactic HIV infection and other key
infection shall be prohibited. who have higher risk of
populations.
ARTICLE Til shall
The presence of used or unused prophylactics
conduct raids or similar police
PREVENTIVE MEASURES, SAFE PRACTICES AND not be used as basis to HIV prevention interventions.
PROCEDURES operations in sites and venues of with LGUs, shall
The DILG and DOH, in coordination
national policy to guarantee the implementation of
SEC. 23. HIV Prevention Measures. - The PNAC, in establish a
coordination with the DOH, LGUs, and other relevant this provision.
faith-based
government agencies, private sector, CSOs, SEC. 25. Preventing Mother-to-Child HIV
Transmission.
organizations, and PLHIVs, shall implement preventive to prevent mother-
limited, the following: — The DOH shall establish a program
measures, including but not to
transmission that shall be integrated in its
to-child HIV
Creation of rights-based and community-led behavior
fa)
maternal and child health services.
modification programs that seek to encourage HIV
risk
PLHIVs; Standard Precaution on the Donation of Blood,
SEC. 26.
reduction behavior among enforce the following
Tissue, or Organ. — The DOH shall
of blood, tissue. or organ:
(>) Establishment and enforcement of rights-based guidelines on the donation
mechanisms to strongly encourage newly tested HIV-positive whether gratuitous or
individuals to conduct partner notification and to promote
HIV (a) Donation of tissue or organ,
by a laboratory or institution only
status disclosure to partners; onerous, shall be accepted tested negative for
after a sample from the donor has been
(c) Establishment of standard precautionary measures in HIV;
public and private health facilities: (b) All donated. blood shall also be subjected to HIV testing:
Accessibility of ART and management of opportunistic organ or tissue has been tested
(c) All donors whose blood,
(@)

infections; be deferred from donation, notified of their HIV

positive shall and clinical
@Mobilization of communities of PLHIV for public status, counselled, and referred for care
awareness campaigns and stigma reduction
activities; and management as soon as possible;
(d) Donations of blood, tissue, or organ
testing positive
Establish comprehensive human rights and only, and shall
for HIV may be accepted for research purposes
@)

evidence-based policies, programs, and approaches that aim and

be subject to strict sanitary disposal requirements;
to reduce transmission of HIV and
to members of key affected populations.
its
harmful consequences
demanded as a matter of
(e) A second testing may be
result right by the blood, tissue, or organ recipient or his/her
The enforcement of this section shall not lead to, or except
discrimination or violation of the rights of PLHIV and immediate relatives before transfusion or transplant,
in the
the service provider implementing the program, including peer during emergency cases.
educators and community-based testing providers. SEC. 27. Testing of Organ Donation.
— Lawful consent
body, organ, tissue. or
SEC. 24. Comprehensive Health Intervention for Key to HIV testing of a donated human been given when:
blood shall be considered as having
Populations. ~ The DILG and DOH, in
partnership with the
human rights and
key populations, shall establish a

one’s
(a) person volunteers or freely agrees to donate
A
blood, organ, or tissue for transfusion. transplantation, or
research: and
(b) A legacy and a donation are executed in accordance
with Sections 3 and 4 respectively, of Republic Act No. 7170,
otherwise known as the “Organ Donation Act of 1991”.
SEC. 28. Guidelines on Medical Management, Surgical,
and Other Related Procedures. — The DOH shall, in
organizations and
consultation with concerned professional
hospital associations, issue guidelines on medical management
of PLHIV and protocol on precautions against HIV
transmission during surgical, dental, embalming, body
painting, or tattooing that require the use of needles or similar
procedures. The necessary protective equipment such as gloves.
goggles, and gowns shall be prescribed and required, and
made
tattoo
available to all physicians and health care providers,
artists, and similarly exposed personnel at
the
all times. The DOH
and disposal
shall likewise issue guidelines on handling
of cadavers, body fluids, or wastes of persons known or
believed to be HIV-positive.
ARTICLE IV
SCREENING, TESTING AND COUNSELING
Sec. 29. HIV Testing. — As a policy, the State shall
from the
encourage voluntary HIV testing. Written consent
HIV testing.
person taking the test must be obtained before
HIV testing shall be made available under the following
circumstances:
(a) In keeping with the principle of the evolving
capacities of the child as defined in Section 3(3) of this Act,
if the person is fifteen (15) to below eighteen (18) years of age,
consent to voluntary HIVtesting shall be obtained from the
child without the need of consent from a parent or guardian:
(bt) In keeping with the mature minor doctrine as
defined in Section 3(bb) of this Act, any young person aged
below fifteen (15) who is pregnant or engaged in high-risk
behavior shall be eligible for HIV testing and counseling, with
all
23
the assistance of a licensed social worker or health worker.
Consent to voluntary HIV testing shall be obtained from the
child without the need of consent from a parent or guardian;
and
In all other cases not covered by (b) of this section,
(c)
consent to voluntary HIV testing shall be obtained from the
child’s parents or legal guardian if the person is below fifteen
(15) years of age or is mentally incapacitated. In cases when
the child’s parents or legal guardian cannot be located despite
reasonable efforts, or if the child’s parents or legal guardian
refused to give consent, it shall be obtained from the licensed
social worker or health worker. To protect the best interest
of the child, the assent of the minor shall also be required
prior to the testing.
In every circumstance, proper counseling shall be
conducted by a social worker, a health care provider, or other
health care professional accredited by the DOH or the DSWD.
HIV testing guidelines issued by the DOH shall include
guidance for testing minors and for the involvement of parents
or guardians in HIV testing of minors.
The State shall continually review and revise, as
appropriate, the HIV diagnostic algorithm based on current
available laboratory technology and evidence.
SEC. 30. Compulsory HIV Testing. — Compulsory HIV
testing shall be allowed only in the following instances:
(a) When
it is necessary to test a person who ischarged
with any of the offenses punishable under Articles 264 and
266 on serious and slight physical injuries, and Articles 335
and 338 on rape and simple seduction, both of Act No. 3815,
or the “The Revised Penal Code”, as amended, and as “The
also
amended by Republic Act No. 8353, otherwise known as
Anti-Rape Law of 1997”;
(ob)When it is necessary to resolve relevant issues under
Executive Order No. 209, otherwise known as “The Family
Code of the Philippines”; and
(c) As a prerequisite in the donation of blood in
compliance with the provisions of Republic Act No. 7170,
 2 tay

o testing are adopted based on the nature and extent

of HIV
Donation Act of 1991”, and and AIDS incidence in the country.
otherwise known as the “Organ
otherwise known as the “National
Pre-test counseling and post-test counseling shall be
Republic Act No. 7719, done
Blood Services Act of 1994”. HIV and AIDS counselor, licensed social worker
by the health
on Routine licensed health service provider, or a DOH-accredited
SEC. 31. Mechanisms and Standards Counseling and service provider: Provided, That for the government
HIV
Client-Initiated HIV
Provider-Initiated and DOH shall: testing facilities, pre-test and post-test counseling shall be
Testing. To implement this section, the free.
provided for
—

facilities
fa) Accredit public and private HIV testingincluding HIV SEC. 32. HIV Testing for Pregnant Women. — A health
services
based on capacity to deliver testing
DOH-accredited HIV testing care provider who offers pre-natal medical care shall offer
counseling: Provided, That only
HIV testing: provider-initiated HIV testing for pregnant women.
The DOH
facilities shall be allowed to conduct shall provide the necessary guidelines for healthcare providers
for HIV counseling and in the conduct of the screening procedure.
(o) Develop the guidelines
HIV counseling and testing, and
testing, including mobile counseling and testing that shall
ARTICLE V
routine provider-initiated HIV
testing is based on informed
ensure, among others, thatconfidential, is available at all times
HIV
HEALTH AND SUPPORT SERVICES
consent, is voluntary and
and DOH-accredited
and provided by qualified persons SEC. 33. Treatment of Persons Living with HIV
and
providers: AIDS. — The DOH shall establish a program that will provide
that train HIV free and accessible ART and medication for opportunistic
Accredit institutions or organizations enrolled in the program. It
(2
and AIDS counselors in coordination with DSWD: infections to all PLHIVs who
designate
are
public and private hospitals to become
shall likewise
counselors for treatment hubs. A manual of procedures for management of
(a) Accredit competent HIV and AIDS PLHIV shall developed by the DOH.
including but not Limited to, translator be
persons with disability, Braille for the yisually-impaired
for the hearing-impaired and
SEC. 34. Access to Medical Services by Indigenis.
—
National Council for Disability
clients, in coordination with the Indigent persons living with HIV shall not be deprived of
DOH and DSWD shail
Affairs (NCDA):
access to medical services. The
and shall work establish a program that will support better access to ART
(e)Set the standards for HIV counseling HIV and AIDS and medication for opportunistic infections to
all indigent
CSOs that train
closely with HIV and AIDS PLHIV, which includes financial support for necessary
medical
coordination and participation
counselors and peer educators, in services related to the person’s HIV condition.
organizations (GOs), and Civil Society
of NGOs, government
and
Organizations of PLHIV (CSO-PLHIV); SEC, 35. Economic Empowerment and Support. —

livelihood,
provider-initiated counseling PLHIV shall not be deprived of any employment,
() Ensure access to routine reason
micro-finance, self-help, and cooperative programs bywith
and testing as part of clinical care in all health care settings coordination the
of their HIV status. The DSWD, in
for the public. DOLE, and TESDA, shall develop enabling policies and
DILG, and independence
free pre-test and guidelines to ensure economic empowerment
All HIV testing facilities shall provide wish to avail of for PLHIV.
individuals who designed
post-test HIV counseling tolikewise be confidential. No HIV
HIV testing, which shall
informed consent. The State
testing shall be conducted without
to HIV counseling and
shall ensure that specific approaches
 7
26
DSWD, shall develop HIV and AIDS comprehensive programs
SEC. 36. Care and Support for Persons Living with
HIV. and policies, which include the HIV counseling and testing
_ The DSWD, in coordination with the DOH. shall develop procedures in prisons, rehabilitation centers, and other
for PLHIV, which shall include closed-setting institutions.
care and support programs
counseling and support, social protection, welfare
peer-led
assistance, and mechanisms for case management.affected
These PLHIV in prisons, rehabilitation centers, and other
shall include care and support for the closed-setting institutions shall be provided HIV treatment.
programs
children, families, partners, and support groups
of PLHIV. which includes anti-retroviral drugs, care, and support in
accordance with the national guidelines. Efforts should be
SEC. 37.Care and Support jor Overseas Workers Living undertaken to ensure the continuity of care at all stages, from
with HIV. The Overseas Workers Welfare Administration
— admission or imprisonment to release. The provision on
(OWWA), in coordination with the DOH,
DSWD, DFA, CFO, informed consent and confidentiality shall also apply in
of Quarantine and International Health closed-setting institutions.
and the Bureau
Surveillance, shall develop a program to provide a stigma-free
comprehensive reintegration, care, and support program, Src. 40. Non-discriminatory HIV and AIDS Services. —
including economic, social, and medical support for overseas The members of the PNAC, in cooperation with CSOs, and
in the in collaboration with DOJ and CHR, shall ensure the delivery
workers, regardless of employment status and stage
migration process. of non-discriminatory HIV and AIDS services by government
and private HIV and AIDS service providers.
gec. 38. Care and Support for Affected Families,
Intimate Partners, Significant Others and Children of
People SEC. 41. Protection of HIV Educators, Licensed Social
DOH, and LGUs, in Workers, Health Workers, and Other HIV and AIDS Service
Living with HIV. - The DSWD,
shall
consultation with CSOs and affected families of PLHIV Providers from Harassment. — Any person involved in the
families, provision of HIV and AIDS services, including peer educators,
develop care and support programs for affected of PLHIV,
intimate partners, significant others, and children shall be protected from suit, arrest or prosecution, and from
which shall include the following: civil, criminal or administrative liability, on the basis of their
delivery of such services in HIV prevention. This protection
Education programs that reduce HIV-related stigma,
(a) not cover acts which are committed in violation of this
discrimination does
including counseling to prevent HiV-related ct.
within the family;
Sec. 42. Health Insurance and Similar Health Services.
Educational assistance for children infected with HIV
(b) — The PhilHealth shall:
and children orphaned by HIV and AIDS; and
Develop a benefit package for PLHIV that shail
(a)
(c) HIV treatment and management
of opportunistic include coverage for in-patient and out-patient medical and
infections for minors living HIV who are not eligible under diagnostic services, including medication and treatment;
the Outpatient HIV and AIDS Treatment (OHAT) Package of
the Philippine Health Insurance Corporation (PhilHealth). Develop a benefit package for the unborn and the
(b)
newborn child from infected mothers;
SEC. 39. Care and Support Program in Prisons and
Others Closed-Setting Institutions. — All prisons,
rehabilitation Set a reference price for HIV services in government
institutions shall have ©
centers, and other closed-setting hospitals;
STI, HIV and AIDS prevention and control
comprehensive
and information, HIV (d) Conduct programs to educate the human resource
program that includes HIV educationHIV treatment and care
counseling and testing, and access to units of companies on the PhilHealth package on HIV and
DILG, DOJ, and
services. The DOH, in coordination with AIDS: and
Da
29
28
with HIV AIDS-related ilnesses, or was treated for HIV-related illnesses
(e)Develop a mechanism for orphans living shall be guaranteed. The following acts violate confidentiality
to access HIV benefit package. and privacy:
The PhilHealth shall enforce confidentiality in be
the
No PLHIV shall (a) Disclosure of Confidential HIV and AIDS Information.
provision of these packages to PLHIV. Unless otherwise provided in Section 45 of this Act, it shall
Health
denied or deprived of private health insurance under a
—

insurance be unlawful to disclose, without written consent, information

that a person has AIDS, has undergone HIV-related test, has
(HMO) and private life
Maintenance Organization
the basis of the
coverage under a life insurance company on shall be denied infection or HIV-related illnesses, or has been exposed to
person’s HIV status. Furthermore, no person ay
of his life insurance claims ifhe dies of HIV or AIDS under
a valid and subsisting life insurance policy.
HIV.

The prohibition shall apply to any person, natural or

this juridical, whose work or function involves the implementation
The Insurance Commission (IC) shall implement of this Act, or the delivery of HiV-related services, including
policies to ensure
provision and shall develop the necessary those who handle or have access to personal data or
compliance. information in the workplace, and who, pursuant to the receipt
of the required written consent from the subject of confidential
SRC. 43.HIV and AIDS Monitoring and Evaluation. ~
HIV and AIDS information, have subsequently been granted
HIV and ATDS
The DOH shall maintain a comprehensive access to the same confidential information.
the
monitoring and evaluation program that shall serve
following purposes: (b) Media Disclosure. — It shall be unlawful for any
and progression editor, publisher, reporter or columnist, in case of printed
(a) Determine and monitor the magnitude materials, or any announcer or producer in case of television
to help the national
of HTV and AIDS in the Philippines
efficacy of HIV and radio broadcasting, or any producer or director of films
the and
government evaluate adequacy in case of the movie industry, or any other individual or
prevention and treatment programs being employed; organization in case of social media, to disclose the name,
picture, or any information that would reasonably identify
(b) Receive,collate, process, and evaluate all HIV and persons living with HIV and AIDS, or any
confidential HIV
AIDS-related medical reports from all hospitals, clinics,
deaths and AIDS information, without the prior written consent of
laboratories and testing centers, including HIV-related various their subjects except when the persons waive under said
and relevant data public and private hospitals,
from
shall confidentiality through their own acts and omissions
databanks or information systems: Provided, That it and Section 4(a) of Republic Act No. 10175, otherwise known as
adopt a coding system that ensures anonymity the “Cybercrime Prevention Act of 2012” and Section 25 of
ae

confidentiality; and Republic Act No. 10173, otherwise known as the “Data Privacy
kay

Act of 2012”.
EE

(c) Submit, through its Secretariat, an

annual report to
of its monitoring and
the PNAC containing the findings SEC. 45. Exceptions. — Confidential HIV and AIDS
Ebel

with this mandate.

evaluation activities in compliance information may be released by HIV testing facilities without
consent in the following instances:
ADORE

ARTICLE VI
(a) When complying with reportorial requirements
of the
CONFIDENTIALITY
national active and passive surveillance system of the DOH: ERNE

Provided, That the information related to a person’s identity

The confidentiality and
Sec. 44. Confidentiality. -
tested for HIV, has shall remain confidential:
privacy of any individual who has been
been exposed to HIV. has HIV infection or HIV- and
ARORA

Saf

Ss
 3]
30
Further, the
spouse. Confidentiality shall likewise be observed.
When informing other health workers directly
(bt) DOH. through the PNAC, shall establish an enabling
involved in the treatment or care of a PLHIV: Provided, That environment to encourage newly tested HIV-positive individuals
of shared
such worker shall be required to perform the duty to disclose their status to partners.
medical confidentiality; and
SEC. 48. Duty of Employers, Heads of Government
(c)When responding to a subpoena duces tecum and Offices, Heads of Public and Private Schools or Training
subpoena ad testificandum issued by a court with jurisdiction Institutions, and Local Chief Executives. — It shall be the duty
issue is the HIV status
over a legal proceeding where the main of private employers, heads of government offices. heads of
That the confidential medical
of an individual: Provided,
head of public and private schools and training institutions, and local
record, after having been verified for accuracy by the chief executives over all private establishments within their
shall remain and unlinked
the office or department, anonymous territorial jurisdiction, to prevent or deter acts of discrimination
and shall be properly sealed by its lawful custodian, hand against PLHIV, and to provide procedures for the resolution,
delivered to the court, and personally opened by the judge: settlement, or prosecution of acts of discrimination. Towards
Provided, further, That the judicial proceedings be held in this end, the private employer, head of office, or local chief
executive session. executive shall:
Disclosure of HIV-Related Test Results. — The
SEC. 46. (a) Promulgate rules and regulations prescribing the
result of any test related to HIV shall be disclosed by the procedure for the investigation of discrimination cases and the
trained service provider who conducts pre-test and post-test administrative sanctions thereof; and
the test.
counseling only to the individual who submitted to
If the patient is below fifteen (15) years old, an orphan, or (b) Create an ad hoc committee on the investigation of
is mentally incapacitated, the result may be disclosed to either
discrimination cases.
of the patient’s parents, legal guardian, or a duly assigned
licensed social worker or health worker, whichever is The Committee shall conduct meetings to increase the
applicable: Provided, That when a person below fifteen
(15)
members’ knowledge and understanding of HIV and AIDS, and
years of age and not suffering from any mental incapacity,
has given voluntary and informed consent to the procedure
in to prevent incidents of discrimination.It
shall also conduct the
administrative investigation of alleged cases of discrimination.
of the
accordance with Section 29(b) of this Act, the result
That
test shall be disclosed to the child: Provided, further, ARTICLE VI
the child should be given age-appropriate counseling and access
to necessary health care and sufficient support
services. DISCRIMINATORY ACTS AND PRACTICES AND
CORRESPONDING PENALTIES
It may also be disclosed to a person authorized to receive
such results in conjunction with the DOH Monitoring Body SEC. 49. Discriminatory Acts and Practices. — The
as provided in Section 43 of this Act. following discriminatory acts and practices shall be prohibited:
Disclosure to Persons with Potential Exposure
SEC. 47. (a) Discrimination in the Workplace. — The rejection of
tested, is found
to HIV. - Any person who, after having been
disclose this job application, termination of employment, or other
to be infected with HIV is strongly encouraged to discriminatory policies in hiring, provision of employment and
health condition to the spouse, sexual partners, and/or any other related benefits, promotion or assignment of an individual
person prior to engaging in penetrative sex or any potential solely or partially on the basis of actual, perceived, or
to HIV. A person living with HIV may seek help
exposure suspected HIV status:
from qualified professionals including medical professionals,
health workers, peer educators, or social workers to support
him in disclosing this health condition to one’s partner or
 33
32

Refusal of suspected HIV status, including bullying in social media and

Discrimination in Learning Institutions.
(b)
—

other online portals; and

admission, expulsion, segregation, imposition of harsher
denial of benefits or services of a
disciplinary actions, or the (j) Other similar or analogous discriminatory acts.
student or a prospective student solely or partially on
basis of actual, perceived, or suspected HIV status;
SEC. 50. Penalties. —

— Restrictions
{c) Restriction on Travel and Habitation. (a) Any person who commits the prohibited act under
travel within the Philippines, refusal of lawful entry to
on the Section 22 of this Act on misinformation on HIV and AIDS
Philippine territory, deportation from the Philippines, or shall, upon conviction, suffer the penalty of imprisonment
enforced isolation of travelers solely or partially
quarantine or HIV status is ranging from one (1) year but not more than ten (10) years,
on account of actual, perceived, or suspected shall be a fine of not less than Fifty thousand pesos (P50,000.00), but
discriminatory. The same standard of protection
residents who are not not more than Five hundred thousand pesos (P500,000.00), or
accorded to migrants, visitors, and both, at the discretion of the court: Provided, That if the
Filipino citizens: offender ig a manufacturer, importer or distributor of any
drugs, devices, agents, and other health products, the penalty
Restrictions on Shelter. — Restrictions on housing or
(d) of at least five (5) years imprisonment, but not more than ten
lodging, whether permanent or temporary, solely or
on the basis of actual, perceived, or suspected HIV
partially
status; (10) years, and a fine of atleast Five hundred thousand pesos
(P500,000.00), but not more than Five million pesos
(P5,000,000.00) shall be imposed: Provided, further, That
(e)Prohibition from Seeking or Holding Public Office. drugs, devices, agents, and other health products found in
— Prohibition on the right to seek an elective or appointive violation of Section 21 of this Act may be seized and held in
of actual, perceived,
public office solely or partially on the basis custody when the FDA Director-General has reasonable cause
or suspected HIV status: to believe facts found by him/her or an authorized officer or
employee of the FDA that such health products may cause
Exclusion from Credit and Insurance Services.
—
(f)
credit and injury or prejudice to the consuming public;
Exclusion from health, accident or life insurance, or
loan services, including the extension of such loan the or
(b) Any person who violates the second sentence of Section
facilities, of an individual solely or partially on
insurance Provided, 24 of this Act on police operations vis-d-vis comprehensive
basis of actual, perceived, or suspected HIV status: health intervention for key populations shall, upon conviction,
PLHIV has not concealed or misrepresented the fact
That the suffer the penalty of imprisonment of one (1) year to five (5)
to the insurance company or loan orcredit
service provider thousand
years, and a fine of not less than One hundred thousand pesos
upon application; (P100,000.00), but not more than Five hundred pesos
Institutions. (P500,000.00): Provided, That the law enforcement agents
(g) Discrimination in Hospitals and Health found guilty shall be removed from public service;
— Denial of health services, or being charged with a higher
HIV status
fee, on the basis of actual, perceived, or suspected (c) Any person who knowingly or negligently causes
discriminatory act and is prohibited;
is a another to get infected with HIV in the course of the practice
Denial of embalming and of profession through unsafe and unsanitary practice and
(h) Denial of Burial Services. - AIDS procedure, or who compelled any person to undergo HIV testing
burial services for a deceased person who had HIV and without his or her consent shall, upon conviction, suffer the
known, suspected, or perceived to be HIV-positive:
or who was penalty of imprisonment of six (6) years to twelve (12) years,
including without prejudice to the imposition of fines and administrative
G) Act of Bullying. — Bullying in all forms,
sanctions, such as suspension or revocation of professional
name-calling, upon a person based on actual, perceived, or license;
 35

and the thousand pesos (P150,000.00), but not more than Three
The permit or license of the business entity hundred fifty thousand pesos (P350,000.00), at the discretion
the HIV testing centers may be cancelled or
accreditation of
safe of the court; and
withdrawn if these establishments fail to maintain
required by the guidelines
practices and procedures as may be (3) Five (5) years and one (1) day to seven (7) years of
formulated in compliance with Section 26, on blood, tissue, or imprisonment for any health professional, medical instructor,
28, on medical management,
organ donation, and Section worker, employer, recruitment agency, insurance company,
surgical, and other related procedures: data encoder, and other custodian of any medical record, file,

‘WRIA
fine
this Act, on data, or test result who breaches confidentiality, and/or a
(a) Any person who violates Section 41 of of not less than Three hundred fifty thousand pesos
licensed social workers, health
the protection of HIV educators,
from (P350,000.00), but not more than Five hundred thousand pesos
workers, and other HIV and AIDS service providers of (P500,000.00), at the discretion of the court.
harassment shall, upon conviction, suffer the penalty fine
imprisonment of
six (6) months to five (5) years,
of not less than One hundred thousand pesos
and a
(P100,000.00), ‘These penalties are without prejudice
sanction or civil suit that may
to any
be brought
administrative
ably

thousand (P500,000.00):
but not more than Five hundred
violates
pesos
this provision is a against persons who violate confidentiality under this Act.
Provided, That if the person who
administrative
law enforcement agent or a public official, and/ (g) Any person who shall violate any of the provisions
sanctions may be imposed in addition to imprisonment in Section 49 on discriminatory acts and practices shall, upon
or fine, at the discretion of the court; conviction, suffer the penalty of imprisonment
fine of not less
of
than
six (6) months
Fifty thousand
to five (5) years, and/or a
fe) Any person, natural or juridical, who violates the pesos (P50,000.00), but not more than Five hundred thousand
of this Act on health insurance and and without
pesos (P500,000.00), at the discretion of the court,
provisions of Section 42
similar services shall, upon conviction, suffer theand/or penalty of the imposition of administrative sanctions such
prejudice to
a fine
imprisonment of six (6) months to five (5) years, at the as fines, suspension or revocation of business permit, business
(P50.000.00),
of not less than Fifty thousand pesos
to the imposition license or accreditation, and professional license; and
discretion of the court, and without prejudice
of administrative sanctions such as fines, suspensions
or
accreditation, (h) Any person who has obtained knowledge of confidential
business license or
revocation of business permit, HIV and AIDS information and uses such information to
and professional license: malign or cause damage, injury. or loss to another person
of Section 44 shall face liability under Articles 19, 20, 21, and 26 of the
(f) Any person whoviolates the provisions suffer the new Civil Code of the Philippines and relevant provisions
of
of this Act on confidentiality shall, upon conviction, No. 10173, otherwise known as the “Data Privacy
Republic Act
following penalties: Act of 2012”.
for
(1) Six (6) months to two (2) years of imprisonment If the offender is a corporation, association, partnership
confidentiality, and/or a fine of not
any person who breaches more than or any other juridical person, the penalty of imprisonment
less than Fifty thousand pesos (P50,000.00), but not shall be imposed upon the responsible officers and employees,
One hundred fifty thousand pesos (P150,000.00), at the their
as the case may be, who participated in, or allowed by fine
discretion of the court; negligence, the commission of the crime, and the ott

gross
shall be imposed jointly and severally on the juridical person e nantes

five (5) years of

years and one (1) day to
(2) Two (2) and the responsible officers and/or employees. Furthermore, the
imprisonment for any person who causes the mass court may suspend or revoke its license or business permit.
cdc

dissemination of the HIV status of a person, including

the information online or making statements to the
spreading hundred fifty
media, and/or a fine of not less than One eemamnaroeenrtntnaenmmerinnanrat

nae

Ra
 oe

37

No. 8424, otherwise known as the “National Internal Revenue

If the offender is an alien, he/she shall, in addition
to
Code”, as amended by Republic Act No. 10351 and shall
be
the penalties prescribed herein, be deported without further
prioritized under the Health Facilities Enhancement Program
proceedings after serving penalties herein prescribed. of the DOH.
he/she
If the offender is a public official or employee, The funds to be appropriated for the operations of the
the herein, suffer perpetual or
shall, in addition to penalties
the PNAC shall be a distinct and separate budget item from the
from office, as case may
temporary absolute disqualification t
regular appropriation for the DOH, and shall be administered
be.
:

by the Secretary of Health. In no circumstance shall

the
SEC. 51, Penalties Collected. — The penalties collected and other resources of the PNAC be
special fund to appropriations, savings,
pursuant to this section shall be put into a used for initial realigned to the programs and projects of the DOH or any
be administered by the PNAC, and shall be other government agency, unless such program or projectAct. is
interventions required to address gaps in the national response related to the implementation of the provisions under this
on the part of government agencies
and its partners from civil
society and internat:onal e-ganizations ia
accc-dance with
SEC. 53. Transitory Provision. — The personnel designated
Section 5(1) of this Act.
by the DOH as Secretariat of the PNAC under Section 7 of
ARTICLE VII this Act shall be absorbed as permanent personnelAct.to fill the
positions of the Secretariat as provided in this
FINAL PROVISIONS — The
Sec. 54. Implementing Rules and Regulations.
PNAC within ninety (90) days from the effectivity of this Act
SEC. 52. Appropriations. — The amount needed
for the
the shall promulgate the necessary implementing rules and
initial implementation of this Act shall be charged against regulations for the effective implementation of the provisions
appropriations for the DOH. Thereafter, such sums as may
of this Act shall of this Act.
be necessary for the continued implementation
General Appropriations Act.
be included in the annual SEC. 55. Repealing Clause. Republic Act No. 8504,
—-

of otherwise known as the “Philippine AIDS Prevention and

The DBM, in coordination with the Department Control Act of 1998”, is hereby repealed.
Finance (DOF) and the DOH, and other relevant government
agencies, shall consider the incidence of
HIV and AIDS, in
for the implementation All decrees, executive orders, proclamations, and
determining the annual appropriations administrative regulations or parts thereof, particularly in Act
A separate budget
of this Act in accordance with the AMTP. No. 3815, otherwise known as the “Revised Penal Code”, as
be allocated
item in the annual appropriations of LGUs shall amended, Republic Act No. 8353, otherwise known as the
for their action plans specified in this Act. “Anti-Rape Law of 1997”, Executive Order No. 209, otherwise
Act
health known as the “Family Code of the Philippines’, Republic
The funding requirement needed to provide for the No. 7719, otherwise known as the “National Blood Services
as stated in
insurance package and other services for PLHIV PhilHealth’s
the Act of 1994”, and Republic Act No. 7170, otherwise known as
charged against the
shall
the “Organ Donation Act of 1991”, inconsistent with
Section 42 hereof be
corporate funds. Act are hereby repealed, amended or modified
provisions of this
accordingly.
The funding needed to upgrade or construct government
shall be
administered HIV testing and treatment centers Act SEC. 56. Separability Clause. — If any provision or part
funded from the revenues of the sin tax under Republic
of this Act is declared unconstitutional, the remaining parts
force and effect.
or provisions not affected shall remain in full
 a

a
38
iN
Sec. 57, Effectivity. Act shall take effect fifteen
- This Gazette
ss
(15) days after complete publication in the Official
its of general circulation.
tg or in a national newspaper

lhe
tne

Approved,
i
ee
hn

{
eens
é

“APAGAL-ARROYO VICENTE C. SOTTO Ill

GLORIA
Presidduf of the Senate
Speaker of the House
of Representatives

Senate Bill No. 1380

This Act which is a consolidation of
by the Senate and the
and House Bill No. 6617 was passed 10, 2018.

tai
House of Representatives on ctober

Ka
PL MALING
DO
MYRA MARIE D. VILLARICA
DANTE
Rovio
ActingSecretgey General Secretary of the Senate
House of Representatives

BEC 2 0 2018
Approved:

, C
RODRI OA DUTERTE
President of the Philippines

REPUBLIC OF THE PHILIPPINES

PRRD 2016 - 008691

or
ee te AE REED ENS LOE IIE
ut

403 af By
LP

‘ meameeesrnnceemEes

pea
Ec
 Republic of the Philippines
Department of Health
OFFICE OF THE SECRETARY

February 20, 2019

MEMORANDUM CIRCULAR
No. 2019 -

TO ALL _UNDERSECRETARIES, ASSISTANT SECRETARIES,

DIRECTORS OF BUREAUS, SERVICES AND CENTERS FOR

___
HEALTH DEVELOPMENT AND, EXECUTIVE DIRECTORS OF
SPECIALTY HOSPITALS, CHIEFS OF MEDICAL CENTERS,
HOSPITALS, SANITARIA AND INSTITUTES; PRESIDENT OF
THE PHILIPPINE HEALTH INSURANCE CORPORATION;
DIRECTORS OF TREATMENT AND REHABILITATION
CENTERS; ATTACHED AGENCIES AND OTHERS CONCERNED

SUBJECT: Republic Act (RA) No. 11166 “An Act Strengthening the Philippine
Comprehensive Policy on Human Immunodeficiency Virus (HIV) and
Acquired Immune Deficiency Syndrome (AIDS) Prevention,
Treatment, Care and Support, and Reconstituting the Philippine
National AIDS Council (PNAC), Repealing for the Purpose RA No.
8404, Otherwise Known as the “Philippine AIDS Prevention and
Control Act of 1998” and Appropriating Funds Therefore”

Attached for your information and guidance is a copy of the RA No. 11166 “An Act
Strengthening the Philippine Comprehensive ‘Policy on Human Immunodeficiency Virus
(HIV) and Acquired Immune Deficiency Syndrome (AIDS) Prevention, Treatment, Care and
Support, and Reconstituting the Philippine National AIDS Council (PNAC), Repealing for the
Purpose RA No. 8404, Otherwise Known as the “Philippine AIDS Prevention and Control Act
of 1998” and Appropriating Funds Therefore” approved on December 20, 2018.

Dissemination of the information to all concerned is requested.

By. Authority of the Secretary of Health:

MYRNA
C. CABOTAJE, MD, MPH, CESO III
Undersecretary of Health
Public Health Services Team

Building 1, San Lazaro Compound, Rizal Avenue, Sta. Cruz, 1003 Manila e Trunk Line 651-7800 local 1113, 1108, 1135
Direct Line: 711-9502; 711-9503 Fax: 743-1829; 743-1786 @ URL: http://www.doh.gov.ph; e-mail: ftduque@doh.gov.ph
__
February 20, 2019

MEMORANDUM CIRCULAR
No. 2019 -

TO ALL UNDERSECRETARIES, ASSISTANT SECRETARIES,

DIRECTORS OF BUREAUS, SERVICES AND CENTERS FOR
HEALTH DEVELOPMENT AND S; EXECUTIVE DIRECTORS OF
SPECIALTY HOSPITALS, CHIEFS OF MEDICAL CENTERS,
HOSPITALS, SANITARIA AND INSTITUTES; PRESIDENT OF
THE PHILIPPINE HEALTH INSURANCE CORPORATION;
DIRECTORS OF TREATMENT AND REHABILITATION
CENTERS; ATTACHED AGENCIES AND OTHERS CONCERNED

SUBJECT: Republic Act (RA) No. 11166 “An Act Strengthening the Philippine
Comprehensive Policy on Human Immunodeficiency Virus (HIV) and
Acquired Immune Deficiency Syndrome (AIDS) Prevention,
Treatment, Care and Support, and Reconstituting the Philippine
National AIDS Council (PNAC), Repealing for the Purpose RA No.
8404, Otherwise Known as the “Philippine AIDS Prevention and
Control Act of 1998” and Appropriating Funds Therefore”

Attached for your information and guidance is a copy of the RA No. 11166 “An Act
Strengthening the Philippine Comprehensive Policy on Human Immunodeficiency Virus
(HIV) and Acquired Immune Deficiency Syndrome (AIDS) Prevention, Treatment, Care and
Support, and Reconstituting the Philippine National AIDS Council (PNAC), Repealing for the
Purpose RA No. 8404, Otherwise Known as the “Philippine AIDS Prevention and Control Act
of 1998” and Appropriating Funds Therefore” approved on December 20, 2018.

Dissemination of the information to all concerned is requested.

By’ Authority of the Secretary of Health:

MYRNA C, CABOTAJE, MD, MPH,

Undersecretary of Health
Public Health Services Team
CESO
II
Office KMITS PHST PNAC

Tlf
8
Initials Dr.
MO,, fou|t Din
i) he
5
WAI

s.
nen

ae
DireGor¥ ExecutivefAssistant IV ot
Date V LZ

Keywords HIV, AIDS, PNAC, Human Immunodeficiency Virus,

Acquired immune deficiency syndrome
Related Issuances RA 9504