1 Draft Implementing Rules and Regulations

2
3 PHILIPPINE NATIONAL AIDS COUNCIL
4 RESOLUTION No. 1
5
6 WHEREAS, Republic Act No. 11166, otherwise known as the “Philippine HIV
7 and AIDS Policy Act”, was signed into Law by the President of the Republic of the
8 Philippines on 20 December 2018;
9
10 WHEREAS, Section 55 of Republic Act No. 11166 expressly repealed Republic
11 Act No. 8504, otherwise known as the “Philippine AIDS Prevention and Control Act of
12 1998”;
13
14 WHEREAS, based on Section 57 of Republic Act No. 11166, this Act took
15 effect on 25 January 2019, or fifteen (15) days after its complete publication in the
16 Official Gazette on 10 January 2019;
17
18 WHEREAS, Section 54 of Republic Act No. 11166 mandates that, within ninety
19 (90) days from the date of effectivity of this Act, the Philippine National AIDS Council
20 shall promulgate the necessary rules and regulations to implement the provisions of
21 this Act;
22
23 WHEREAS, the Philippine National AIDS Council is the multi-sectoral, central
24 advisory, planning and policy-making, and implementing body mandated by this Act
25 to oversee a comprehensive and integrated national policy on the prevention and
26 control of HIV and AIDS in the Philippines;
27
28 THEREFORE, the Philippine National AIDS Council hereby resolves to adopt
29 and issue the following Implementing Rules and Regulations of Republic Act No.
30 11166:
31
32 RULE 1
33 TITLE AND APPLICATION
34
35 SECTION 1. Title – This resolution shall be known as the “Implementing Rules and
36 Regulations of the Philippine HIV and AIDS Policy Act”.
37
38 SEC. 2. Purpose – The Implementing Rules and Regulations (IRR) shall prescribe
39 guidelines, procedures and standards for the implementation of the mandates and
40 objectives of R.A. No. 11166, and to ensure and facilitate compliance to its provisions.
41
42 SEC. 3. Declaration of Policies – (Section 2 of the RA 11166)
43
44 1. The Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency
45 Syndrome (AIDS) are public health concerns that have wide-ranging social,
46 political, and economic repercussions. Responding to the country’s HIV and
 1 AIDS situation is therefore imbued with public interest and shall be anchored
2 on the principles of human rights upholding human dignity.
3 2. Policies and practices that discriminate on the basis of perceived or actual HIV
4 status, sex, gender, sexual orientation, gender identity, age, economic status,
5 disability, and ethnicity hamper the enjoyment of basic human rights and
6 freedoms guaranteed in the Constitution and are deemed inimical to national
7 interest.
8
9 3. The State shall respect, protect, and promote human rights as the cornerstones
10 of an effective response to the country’s HIV and AIDS situation. Hence, HIV
11 and AIDS education and information dissemination shall form part of the right
12 to health.
13
14 4. The meaningful inclusion and participation of persons directly and indirectly
15 affected by HIV and AIDS, especially persons living with HIV, are crucial in
16 eliminating the virus. Thus, unless otherwise provided in this IRR, the
17 confidentiality, and the non-compulsory nature of HIV testing and HIV-related
18 testing shall always be guaranteed and protected by the State.
19
20 5. Towards this end, the State shall ensure the delivery of non-discriminatory HIV
21 and AIDS services by the government and private HIV and AIDS service
22 providers and shall develop redress mechanisms for persons living with HIV to
23 ensure that their civil, political, economic, and social rights are protected.
24
25 6. Accordingly, the State shall:
26 (a) Establish policies and programs to prevent the spread of HIV and deliver
27 treatment, care, and support services to Filipinos living with HIV in accordance with
28 evidence-based strategies and approaches that uphold the principles of human rights,
29 gender-responsiveness, and age-appropriateness, including meaningful participation
30 of communities affected by HIV and AIDS situation;
31
32 (b) Adopt a multi-sectoral approach in responding to the country’s HIV and
33 AIDS by ensuring that the whole of government approach, local communities, civil
34 society organizations, and persons living with HIV are at the center of the process;
35
36 (c) Ensure access to HIV and AIDS-related services by eliminating the
37 climate of stigma and discrimination that surrounds the country’s HIV and AIDS
38 situation and the people directly and indirectly affected by it; and
39
40 (d) Positively address and seek to eradicate conditions that aggravate the
41 spread of HIV infection, which include poverty, gender inequality, marginalization,
42 and ignorance.
 1
2 SEC. 4. Definition of Terms – For the purposes of this IRR, the following terms
3 shall be defined as follows: (section 3 in RA)
4
5 (a) “Acquired Immune Deficiency Syndrome (AIDS)” refers to a health condition
6 where there is a deficiency of the immune system that stems from infection with the
7 Human Immunodeficiency Virus (HIV) making an individual susceptible to
8 opportunistic infections;
9
10 (b) “Act” refers to Republic Act No. 11166;
11
12 (c) “Anti-retroviral therapy (ART)” refers to the treatment that stops or
13 suppresses viral replication or replications of a retrovirus, like HIV, thereby slowing
14 down the progression of infection; (b from RA)
15
16 (d) “Bullying” refers to any severe or repeated use by one or more persons of
17 a written, verbal or electronic expression, or a physical act or gesture, or any
18 combination thereof, directed at another person that has the effect of actually causing
19 or placing the latter in reasonable fear of physical or emotional harm or damage to
20 one’s property; creating a hostile environment for the other person; infringing on the
21 rights of another person; or materially and substantially disrupting the processes or
22 orderly operation of an institution or organization; (c from RA)
23
24 (e) “Civil Society Organizations (CSOs)” refers to groups of non-governmental
25 and non-commercial individuals or legal entities that are engaged in non-coerced
26 collective action around shared interests, purpose and values; (d from RA)
27
28 (f) “Community-based research” refers to studies undertaken in community
29 settings and which involve community members in the design and implementation of
30 research projects; (e from RA)
31
32 (g) “Comprehensive Health Intervention for Key Populations” refers to evidence-
33 based policies, programs and approaches that aim to reduce transmission of HIV and
34 its harmful consequences on health, social relations and economic conditions; (f from
35 RA)
36
37 (h) “Compulsory HIV testing” refers to HIV testing imposed upon an
38 individual characterized by lack of consent, use of force or intimidation, the use of
39 testing as a prerequisite for employment or other purposes, and other circumstances
40 when informed choice is absent; (g from RA)
1
2 (i) “Culture-sensitive” refers to the conduct of DOH prevention programs being
3 compatible and appropriate to the culture, beliefs, customs and traditions,
4 indigenous systems and practices.
5
6 (j) “Discrimination” refers to unfair or unjust treatment that distinguishes,
7 excludes, restricts, or shows preferences based on any ground such as sex, gender, age,
8 sexual orientation, gender identity and expression, economic status, disability,
9 ethnicity, and HIV status, whether actual or perceived, and all other similar or
10 analogous cases, and which has the purpose or effect of nullifying or impairing the
11 recognition, enjoyment or exercise by all persons similarly situated, or all rights and
12 freedoms; (h from RA)
13
14 (k) “Evolving capacities of the child” refers to the concept enshrined in Article 5
15 of the Convention on the Rights of the Child recognizing the developmental changes
16 and the corresponding progress in cognitive abilities and capacity for self-
17 determination undergone by children as they grow up, thus requiring parents and
18 others charged with the responsibility for the child to provide varying degrees of
19 protection and to allow their participation in opportunities for autonomous decision-
20 making in different contexts and across different areas of decision-making; (I from
21 RA)
22 (l) “Gender expression” refers to the way a person communicates gender
23 identity to others through behavior, clothing, hairstyles, communication or speech
24 pattern, or body characteristics; (j from RA)
25
26 (m) “Gender identity” refers to the personal sense of identity as characterized,
27 among others, by manner of clothing, inclinations, and behavior in relation to
28 masculine or feminine conventions. A person may have a male or female identity with
29 the physiological characteristics of the opposite sex; (k from RA)
30
31 (n) “Gender-responsive” refers to approaches that aim to eliminate gender
32 biases, gender stereotypes, gender inequity, gender-based discrimination and gender-
33 based marginalization;
34
35
36 (o) “Health Maintenance Organization (HMO)” refers to juridical entities legally
37 organized to provide or arrange for the provision of pre-agreed or designated health
38 care services to its enrolled members for a fixed pre-paid fee for a specified period of
39 time; (l from RA)
1
2 (p) “High-risk behavior” refers to a person’s involvement in certain activities
3 that increase the risk of transmitting or acquiring HIV; (m from RA)
4
5 (q) “Human Immunodeficiency Virus (HIV)” refers to the virus, of the type
6 called retrovirus, which infects cells of the human immune system, and destroys or
7 impairs the cells’ function. Infection with HIV results in the progressive deterioration
8 of the immune system, leading to immune deficiency; (n from RA)
9
10 (r) “HIV counseling” refers to the interpersonal and dynamic communication
11 process between a client and a trained counselor, who is bound by a code of ethics
12 and practice, to resolve personal, social, or psychological problems and difficulties,
13 whose objective in counseling, in the context of an HIV diagnosis, is to encourage the
14 client to explore important personal issues, identify ways of coping with anxiety and
15 stress, and plan for the future (keeping healthy, adhering to treatment, and preventing
16 transmission); and in the context of a negative HIV test result, to encourage the client
17 to explore motivations, options, and skills to stay HIV-negative; (o from RA)
18
19 (s) “HIV and AIDS counselor” refers to any individual trained by an
20 institution or organization accredited by the Department of Health (DOH) to provide
21 counseling services on HIV and AIDS with emphasis on behavior modification; (p
22 from RA)
23
24 (t) “HIV and AIDS monitoring” refers to the documentation and analysis of
25 the number of HIV and AIDS infections and the pattern of its spread; (q from RA)
26
27 (u) “HIV and AIDS prevention and control” refers to measures aimed at
28 protecting non-infected persons from contracting HIV and minimizing the impact of
29 the condition of persons living with HIV; (r from RA)
30
31 (v) “HIV-Negative” refers to the absence of HIV or HIV antibodies upon
32 HIV testing; (s from RA)
33
34 (w) “HIV-Positive” refers to the presence of HIV infection as documented by
35 the presence of HIV or HIV antibodies in the sample being tested; (t from RA)
36
37 (x) “HIV Testing” refers to any facility-based, mobile medical procedure, or
38 community-based screening modalities that are conducted to determine the presence
39 or absence of HIV in a person’s body. HIV testing is confidential, voluntary in nature,
1 and must be accompanied by counseling prior to and after the testing, and conducted
2 only with the informed consent of the person; (u from RA)
3
4 (y) “HIV-related Testing” refers to any laboratory testing or procedure done
5 on an individual in relation to a person’s HIV condition; (v from RA)
6
7 (z) “HIV Testing Facility” refers to any DOH-accredited on-site or mobile
8 testing center, hospital, clinic, laboratory, and other facility that has the capacity to
9 conduct voluntary HIV counseling and HIV testing; (w from RA)
10
11 (aa) “HIV Transmission” refers to the transfer of HIV from one infected
12 person to an uninfected individual, through unprotected sexual intercourse, blood
13 transfusion, sharing of contaminated intravenous needles, or which may occur during
14 pregnancy, delivery, and breastfeeding; (x from RA)
15
16 (bb) “Informed Consent” refers to the voluntary agreement of a person to
17 undergo or be subjected to a procedure based on full information, whether such
18 permission is written or conveyed verbally; (y from RA)
19
20 (cc) “Key Affected Populations” or Key Population refer to those groups or persons
21 at higher risk of HIV exposure, or affected populations whose behavior make them
22 more likely to be exposed to HIV or to transmit the virus; (z from RA)
23
24 (dd) “Laboratory” refers to an area or place, including community-based
25 settings, where research studies are being undertaken to develop local evidence for
26 effective HIV response; (aa from RA)
27
28 (ee) “Mature minor doctrine” refers to the legal principle that recognizes the
29 capacity of some minors to consent independently to medical procedures, if they have
30 been assessed by qualified health professionals to understand the nature of procedures
31 and their consequences and to make a decision on their own; (bb from RA)
32
33 (ff) “Medical confidentiality” refers to the core duty of medical practice where
34 the information provided by the patient to health practitioners and his/her health
35 status is kept private and is not divulged to third parties. The patient’s health status
36 can, however, be shared with other medical practitioners involved in the professional
37 care of the patient, who will also be bound by medical confidentiality. Medical
38 confidentiality applies to the attending physician, consulting medical specialist, nurse,
39 medical technologist, and all other health workers or personnel involved in any
1 counseling, testing or professional care of the patient. It also applies to any person
2 who, in any official capacity, has acquired or may have acquired such confidential
3 information; (cc from RA)
4
5 (gg) “Opportunistic infections” refer to illnesses caused by various organisms
6 many of which do not cause diseases in persons with healthy immune system; (dd
7 from RA)
8
9 (hh) “Outpatient HIV and AIDS Treatment (OHAT)” refers to the outpatient
10 treatment package for HIV and AIDS offered by the Philippine Health Insurance
11 Corporation (PhilHealth);
12
13 (ii) “Partner notification” refers to the process by which the “index client”,
14 “source”, or “patient”, who has a sexually transmitted infection (STI), including HIV,
15 is given support in order to notify and advise the partners that have been exposed to
16 infection. Support includes giving the index client a mechanism to encourage the
17 client’s partner to attend counseling, testing and other prevention and treatment
18 services. Confidentiality shall be observed in the entire process; (ee from RA)
19
20 (jj) “Person Living with HIV (PLHIV)” refers to any individual diagnosed to
21 be infected with HIV; (ff from RA)
22
23 (kk) “Persons with Disabilities (PWDs)” refers to those who are suffering from
24 restriction or different abilities, as a result of a mental, physical, or sensory impairment,
25 to perform an activity in the manner or within the range considered normal for a
26 human being as defined in Republic Act No. 7277, as amended by Republic Act No.
27 9442, otherwise known as the “Magna Carta for Disabled Persons”.
28
29 (ll) “Pre-exposure prophylaxis” refers to the use of prescription drugs as a
30 strategy for the prevention of HIV infection by people who do not have HIV and
31 AIDS. It is an optional treatment which may be taken by people who are HIV-negative
32 but who have substantial, higher-than-average risk of contracting an HIV infection;
33 (gg from RA)
34
35 (mm) “Pre-test counseling” refers to the process of providing an individual with
36 information on the biomedical aspects of HIV and AIDS and emotional support to
37 any psychological implications of undergoing HIV testing and the test result itself
38 before the individual is subjected to the test; (hh from RA)
39
1 (nn) “Post-exposure prophylaxis” refers to a preventive medical treatment started
2 immediately after exposure to a pathogen (HIV) in order to prevent infection by the
3 pathogen and the development of the disease; (ii from RA)
4
5 (oo) “Post-test counseling” refers to the process of providing risk-reduction
6 information and emotional support to a person who has submitted to HIV testing at
7 the time the result is released; (jj from RA)
8
9 (pp) “Private sector” refers to groups, associations, private schools and
10 universities, business enterprises owned and operated by private individuals or groups,
11 and other organizations and establishments, including individuals, which are not part
12 of the government and CSOs as defined in this IRR;
13
14 (qq) “Prophylactic” refers to any agent or device used to prevent the
15 transmission of an infection; (kk from RA)
16
17 (rr) “Provider-initiated counseling and testing” refers to a health care provider
18 initiating HIV testing to a person practicing high-risk behavior or vulnerable to HIV
19 after conducting HIV pre-test counseling. A person may elect to decline or defer
20 testing such that consent is conditional; (ll from RA)
21
22 (ss) “Redress” refers to an act of compensation for unfairness, grievance, and
23 reparation; (mm from RA)
24
25 (tt) “Safer sex practices” refers to choices made and behaviors adopted by a
26 person to reduce or minimize the risk of HIV transmission. These may include
27 postponing sexual debut, non-penetrative sex, correct and consistent use of male or
28 female condoms, and reducing the number of sexual partners; (nn from RA)
29
30 (uu) “Sexually Transmitted Infections (STIs)” refers to infections that are spread
31 through the transfer of organisms from one person to another as a result of sexual
32 contact; (oo from RA)
33
34 (vv) “Sexual orientation” refers to the direction of emotional and sexual
35 attraction or conduct towards people of the same sex (homosexual orientation) or
36 towards people of both sexes (bisexual orientation) or towards people of the opposite
37 sex (heterosexual orientation), or to the absence of sexual attraction (asexual
38 orientation); (pp from RA)
1
2 (ww) “Social protection” refers to a set of policies and programs designed to
3 reduce poverty and vulnerability by promoting efficient labor markets, diminishing
4 people’s exposure to risks, and enhancing their capacity to protect themselves against
5 hazards and interruptions on or loss of income; (qq from RA)
6
7 (xx) “Stigma” refers to the dynamic devaluation and dehumanization of an
8 individual in the eyes of others, which may be based on attributes that are arbitrarily
9 defined by others as discreditable or unworthy and which results in discrimination
10 when acted upon; (rr from RA)
11
12 (yy) “Treatment hubs” refers to private and public hospitals or medical
13 establishments accredited by DOH to have the capacity and facility to provide
14 treatment and care services to PLHIV; (ss from RA)
15
16 (zz) “Voluntary HIV testing” refers to HIV testing done on an individual who,
17 after having undergone pre-test counseling, willingly submits to such test; (tt from RA)
18
19 (aaa) “Vulnerable communities” refers to communities and groups suffering from
20 vulnerabilities, such as unequal opportunities, social exclusion, poverty,
21 unemployment, and other similar social, economic, cultural and political conditions,
22 making them more susceptible to HIV infection and to developing AIDS; and (uu
23 from RA)
24
25 (bbb) “Workplace” refers to the office, premise or work site where workers are
26 habitually employed and shall include the office or place where workers, with no fixed
27 or definite work site, regularly report for assignment in the course of their
28 employment. (vv from RA)
29
30 RULE 2
31 THE PHILIPPINE NATIONAL AIDS COUNCIL (article I from RA)
32
33 SEC. 5. Philippine National AIDS Council (PNAC) (section 4 from RA) –
34
35 1. The PNAC shall ensure the implementation of the country’s response to the
36 HIV and AIDS situation.
37
38 2. The PNAC shall be an agency attached to the DOH with a separate budget
39 under the General Appropriations Act (GAA). It shall have its own Secretariat
40 and staffing pattern, and shall be headed by an Executive Director.
 1
2 SEC. 6. Functions (section 5 from RA)–
3
4 1. The PNAC shall perform the following functions:
5
6 (a) Develop and regularly review an AIDS Medium Term Plan (AMTP) in
7 collaboration with relevant government agencies, LGUs, CSOs, the
8 PLHIV community, and other stakeholders. The AMTP shall include
9 the following:
10
11 (1) The country’s targets and strategies in addressing the HIV and
12 AIDS situation; (section 8 (a) from RA)
13
14 (2) The prevention, treatment, care and support, and other
15 components of the country’s response; (section 8 (b) from RA)
16
17 (3) The operationalization of the program and identification of the
18 government agencies that shall implement the program, including the
19 designated office within each agency responsible for overseeing, coordinating,
20 facilitating and monitoring the implementation of its HIV and AIDS program
21 from the national level to the local level; and (section 8 (c) from RA)
22
23 (4) The budgetary requirements and a corollary investment plan of
24 each government agency specified in the AMTP, and shall identify the sources
25 of funds for its implementation. (section 8 (d) from RA)
26
27 (b) Ensure the operationalization and implementation of the AMTP;
28
29 (c) Strengthen the collaboration between government agencies and CSOs
30 involved in the implementation of the national HIV and AIDS response, including the
31 delivery of HIV and AIDS related services;
32
33 (d) Develop and ensure the implementation of the guidelines and policies
34 provided in this Act, including other policies that may be necessary to implement the
35 AMTP;
36
37 (e) Monitor the progress of the response to the country’s HIV and AIDS
38 situation and actively seek good practices from all stakeholders;
39
1 (f) Monitor the implementation of the AMTP, which includes the AMTP
2 investment plan, undertake mid-term assessments, and evaluate its impact;
3
4 (g) Mobilize, identify, and secure funding source for the AMTP;
5
6
7 (h) Direct and require its members to integrate monitoring and evaluation in all
8 of the HIV-related programs, policies, and services undertaken within their
9 respective mandates, and to submit an annual report. In relation to this,
10 other government agencies, LGUs, CSOs, the PLHIV community, and
11 other stakeholders are enjoined to submit similar reports to the
12 appropriate PNAC member.
13

14 (i) Coordinate, organize, and work in partnership with foreign and

15 international organizations regarding funding, data collection, research, and
16 prevention and treatment modalities on HIV and AIDS, and ensure that foreign-
17 funded programs are aligned to the national plan and response;
18
19 (j) Advocate for policy reforms to Congress and other government agencies
20 to strengthen the country’s response to the HIV and AIDS situation.
21 (k) Submit an annual accomplishment/progress report to the Office of the
22 President, Congress and members of the Council.
23
24 (l) Identify gaps in the national response on the part of government agencies
25 and its partners from the civil society and international organizations in order to
26 develop and implement the initial interventions required in these situations;
27
28 (m) Recommend policies and programs that will institutionalize or continue
29 the interventions required in addressing the gaps identified in the national response to
30 the HIV and AIDS situation of the country; and
31
32
33 2. In addition to the powers and functions enumerated under the preceding
34 paragraph, the members of the PNAC shall also develop and implement individual
35 action plans which shall be anchored to and integrated in the AMTP. Such action plans
36 shall be based on the duties, powers, and functions of the individual agencies as
37 identified in Rule 4 to Rule 9 of this IRR.
38
39
40 SEC. 7. Membership and Composition (section 5 from RA) –
 1
2 1. The following shall be represented in the PNAC:
3
4 (a) Department of Health (DOH) - Secretary of Health as permanent
5 Chairperson
6 (b) Department of Education (DepEd);
7
8 (c) Department of Labor and Employment (DOLE);
9
10 (d) Department of Social Welfare and Development (DSWD);
11
12 (e) Department of the Interior and Local Government (DILG);
13
14 (f) Department of Budget and Management (DBM);
15
16 (g) Civil Service Commission (CSC);
17
18 (h) Commission on Higher Education (CHED);
19
20 (i) National Youth Commission (NYC);
21
22 (j) Philippine Information Agency (PIA);
23
24 (k) Chairperson of the Committee on Health and Demography of the Senate
25 of the Philippines or his/her representative;
26
27 (l) Chairperson of the Committee on Health of the House of Representatives
28 or his/her representative;
29
30 (m) Two (2) representatives from organizations of persons living with HIV and
31 AIDS (PLHIV);
32
33 (n) One (1) representative from the private organization with expertise in
34 standard setting and service delivery; and
35
36 (o) Six (6) representatives from NGOs working for the welfare of identified
37 key populations.
38
39 2. The Vice Chairperson shall be elected from the government agency members.
40
41 3. The PNAC may, as deemed necessary, invite to its meetings and activities other
42 government agencies, NGOs, and experts, who have relevant expertise that may
43 be useful to accomplish its mandate and mission under this IRR.
44
45
46
1 SEC. 8. Membership and Composition – (Section 6 of RA)
2 1. The selection and appointment of the members of PNAC shall be
3 based on the following general criteria:
4
5 (a) Government agencies or CSOs with direct contribution to
6 the performance of the core functions of the PNAC (oversight,
7 direction-setting and policy-making);
8
9 (b) Government agencies or CSOs with existing programs,
10 services and activities that directly contribute to the achievement
11 of the AMTP; and
12
13 (c) Government agencies or CSOs with existing constituencies
14 that are targeted by the AMTPs objectives and activities.
15 2. The heads of government agencies may designate an official
16 representative to the PNAC whose rank shall not be lower than Assistant
17 Secretary or its equivalent.
18
19
20 SEC. 9. Meetings and Quorum –
21
22 1. The PNAC shall meet at least once every quarter at any venue,
23 preferably in Metro Manila. The notice of the meeting, including the
24 agenda for the meeting, shall be sent to the PNAC members at least one
25 (1) month before the scheduled meeting, except on emergency basis, in
26 which case a forty-eight (48) hour notice shall be sufficient.
27
28 The presence of the Chairperson or the Vice Chairperson of the PNAC,
29 and at least ten (10) other PNAC members and/or permanent
30 representative shall constitute a quorum to do business, and a majority
31 vote of those present shall be sufficient to pass resolutions or render
32 decisions.
33
34 2. Decisions made and resolutions passed by the PNAC shall be signed by
35 the Chairperson or the Vice Chairperson, who presided during the
36 meeting, and attested to by the Executive Director of the Secretariat
37 and at least one representative of the CSOs, who was present at the
38 meeting.
39
40
41
42
43 SEC. 10. Terms of Office
 1
2
3 1. The Vice Chairperson shall serve for a term of three (3) years.
4 2. Members representing the CSOs shall serve for a term of three (3)
5 years, renewable upon the recommendation of the Council for a
6 maximum of two (2) consecutive terms.
7
8 SEC. 11. Committees –
9 1. The PNAC shall establish committees to conduct its work based on
10 the AMTP.
11
12 2. The PNAC shall determine the role, functions, and membership of
13 each committee and shall allocate the respective agenda and topic of
14 their coverage based on the provisions of this IRR and the AMTP.
15 Each committee shall have at least three (3) representatives from the
16 CSOs and a CSO representative as a co-chairperson.
17
18 3. The PNAC committees may, if majority of its members deems it
19 necessary, invite to its meeting other government agencies, CSOs,
20 and experts, who have relevant expertise that may be useful in
21 accomplishing its mandate and work.
22
23
24 RULE 3
25 SECRETARIAT
26
27 SEC. 12. PNAC Secretariat (Section 7 from RA) –
28
29 1. The PNAC shall be supported by a secretariat consisting of personnel with the
30 necessary technical expertise and capability that shall be conferred permanent
31 appointments, subject to Civil Service rules and regulations. The Secretariat shall be
32 headed by an Executive Director.
33
34 2. The PNAC Secretariat shall perform the following functions:
35
36
37 (a) Coordinate and manage the day-to-day affairs of the PNAC;
38 (b) Assist in the formulation, monitoring, and evaluation of policies and the
39 AMTP;
40 (c) Provide technical assistance, support, and advisory services to the PNAC
41 and its external partners;
42 (d) Assist the PNAC in identifying and building internal and external
43 networks and partnerships;
1 (e) Coordinate and support the efforts of the PNAC and its members to
2 mobilize resources;
3 (f) Serve as the repository of relevant information and data in relation to HIV
4 and AIDS;
5 (g) Disseminate updated, accurate, relevant, and comprehensive information
6 to the members of the PNAC, the policy-makers, and the media on the
7 situation of HIV and AIDS in the country;
8 (h) Provide administrative support to the PNAC; and
9 (i) Coordinate, fund and implement, as directed by the PNAC, the
10 interventions required for the identified gaps in the implementation of
11 the AMTP, in cooperation with the CSOs and the PLHIV community.
12
13 3. As a transitory measure, the existing personnel designated by the DOH to the
14 PNAC Secretariat shall continue to serve as the interim Secretariat until the
15 appointment of the permanent personnel of the PNAC Secretariat, subject to CSC and
16 DBM rules and regulations. (Section 53 from RA)
17
18
19 SEC. 13. Executive Director – The Executive Director, whose appointment shall
20 be subject to the civil service rules and regulations, shall be under the direct
21 supervision of the Chairperson of the PNAC.
22
23
24 SEC. 14. The Role of DOH (Section 9 from RA)–
25
26 1. The NASPCP, which shall be composed of qualified medical officers or
27 medical specialists and support personnel with permanent appointments
28 and with adequate yearly budget, shall coordinate with the PNAC for the
29 implementation of the health sector’s HIV and AIDS and STI response,
30 as identified in the AMTP.
31
32 2. The Epidemiology Bureau shall maintain a comprehensive HIV and
33 AIDS monitoring and evaluation program that shall serve the following
34 purposes:
35
36 (a) Determine and monitor the magnitude and progression of HIV
37 and AIDS in the Philippines to help the PNAC evaluate the adequacy and
38 efficacy of HIV prevention and treatment programs being employed;
39 (b) Receive, collate, process, and evaluate all medical reports related
40 to HIV and AIDS, including HIV-related deaths and relevant data, from
41 public and private hospitals, various databanks or information systems:
1 Provided, That it shall adopt a coding system that ensures anonymity and
2 confidentiality; and
3 (c) Submit, through the PNAC Secretariat, quarterly and annual
4 reports to the PNAC containing the findings of its monitoring and
5 evaluation activities in compliance with this mandate.
6
7 SEC. 15. Protection of Human Rights (Section 10 from RA)–
8
9 1. The country’s response to the HIV and AIDS situation shall be anchored
10 on the principles of human rights and human dignity. Public health concerns shall be
11 aligned with internationally-recognized human rights instruments and standards.
12
13 2. The members of the PNAC, in cooperation with the CSOs, and in
14 collaboration with the Department of Justice (DOJ) and the Commission on Human
15 Rights (CHR), shall be ensure the delivery of non-discriminatory HIV and AIDS
16 services by government and private HIV and AIDS service providers.
17
18 3. The DOJ and CHR, in coordination with the PNAC and other relevant
19 government agencies, shall take the lead in developing redress mechanisms for PLHIV
20 to ensure that their civil, political, economic, and social rights are protected.
21
22 4. The PNAC, in coordination with the DILG, shall cooperate with local
23 government units (LGUs) to strengthen existing mediation and reconciliation
24 mechanisms at the local level through the Local AIDS Councils or its equivalent entity.
25
26
27 RULE 4
28 INFORMATION, EDUCATION AND COMMUNICATION
29
30 SEC. 16. Prevention Program (Section 11 from RA)–
31
32 1. The PNAC shall develop an HIV and AIDS prevention program to educate
33 the public on HIV and AIDS and other STIs, with the goal of reducing risky behavior,
34 lowering vulnerabilities, and promoting the human rights of PLHIV
35
36 2. The PNAC shall promote and adopt a range of measures and interventions, in
37 partnership with CSOs, that aims to prevent, halt, or control the spread of HIV and
38 AIDS in the general population, especially among the children, key populations and
39 vulnerable communities. These measures shall likewise promote the rights, welfare,
40 and participation of PLHIV and the affected children, young people, families and
41 partners of PLHIV.
42
43 3. The HIV and AIDS education and prevention programs based on up-to-date
44 evidence and scientific strategies, as recommended by the DOH shall be conducted by
 1 concerned implementing agencies in an age-appropriate, culture-sensitive and gender-
2 responsive manner. The HIV and AIDS education and prevention programs shall
3 actively promote:
4
5
6 (a) Safer sex practices among the general population, including sexual
7 abstinence, sexual fidelity, and consistent and correct use of condom
8 especially among key populations;
9
10 (b) Other practices that reduce risk of HIV infection;
11
12 (c) Universal awareness of and access to evidence-based and relevant
13 information and education, as well as safe, affordable, and effective
14 quality treatment; and
15
16 (d) Awareness and knowledge of the health, civil, political, economic and
17 social rights of PLHIV and their families.
18
19
20
21
22 SEC. 17. Education in Learning Institutions (Section 12 in RA) –
23
24 1. Using standardized information and data from the PNAC, the DepEd,
25 CHED, and the Technical Education and Skills Development Authority
26 (TESDA) shall integrate basic and age-appropriate, culture-sensitive and
27 gender-responsive (transformative) instruction on the causes, modes of
28 transmission and ways of preventing the spread of HIV and AIDS and
29 other STIs in their respective curricula taught in public and private learning
30 institutions, alternative and indigenous learning systems, including training
31 institutions catering to Persons with Disability (PWDs). The learning
32 modules shall include human rights-based principles and information on
33 treatment, care and support to promote stigma reduction and prevent
34 discrimination.
35
36 2. The learning modules to be developed to implement this provision shall be
37 done in coordination with the PNAC and identified stakeholders in the
38 education sector. Referral mechanisms, including but not limited to, the
39 DSWD Referral System, shall be included in the modules for key
40 populations and vulnerable communities.
41
42 3. The DepEd, CHED and TESDA, in coordination with the DOH, shall
43 develop and provide for psychosocial and counseling support in learning
44 institutions to develop and promote positive health and the right values and
 1 behavior pertaining to reproductive health and HIV and AIDS. Funds for
2 the training and certification of teachers and school counselors for this
3 purpose shall be allocated by the respective agencies.
4
5
6 SEC. 18. Education for Parents and Guardians (Section 13 in RA)– The DepEd,
7 in coordination with parent-teacher organizations in schools and communities, shall
8 conduct awareness-building seminars in order to provide parents and guardians with a
9 gender-responsive and age-sensitive HIV and AIDS education.
10
11 SEC. 19. Education as a Right to Health and Information (Section 14 in RA) –
12 HIV and AIDS education and information dissemination shall form part of the
13 constitutional right to health.
14
15 SEC. 20. HIV and AIDS as a Health Service (Section 15 from RA)
16
17 1. HIV and AIDS education and information dissemination shall form part
18 of the delivery of health services by health practitioners, workers and
19 personnel. The knowledge and capabilities of all public health workers
20 shall be enhanced to include skills for proper information dissemination
21 and education on HIV and AIDS.
22
23 2. It shall be the civic duty of health providers in the private sector to
24 provide the public with necessary information to prevent and control the
25 spread of HIV and AIDS and to correct common misconceptions about
26 the disease.
27
28 3. The training of health workers shall include ethical issues related to HIV
29 and AIDS, such as confidentiality, informed consent, and the duty to
30 provide treatment.
31
32 SEC. 21. Education in the Workplace – (Section 16 from RA)
33
34 1. The PNAC shall develop standardized and key messages on the
35 prevention and control of HIV and AIDS based on current and updated
36 information on the disease.
37
38 2. All public and private employers and employees, including members of
39 the Armed Forces of the Philippines (AFP) and the Philippine National
40 Police (PNP), shall be regularly provided with standardized basic
41 information and instruction on HIV and AIDS, including topics on
42 confidentiality in the workplace and reduction or elimination of stigma
43 and discrimination, The DOLE for the private sector, the CSC for the
44 public sector, and the AFP and PNP for the uniformed service shall
45 implement this provision.
1 3. The standardized basic information and instruction shall be conducted
2 by the DOLE for the private sector at no cost to the employers and
3 employees.
4
5
6 SEC. 22. Education for Filipinos Going Abroad – (Section 17 from RA)
7 1. The State shall ensure that all overseas Filipino workers and diplomatic,
8 military, trade, and labor officials and personnel to be assigned overseas
9 shall attend a seminar on the causes, manner of prevention, and impact
10 of HIV and AIDS before being granted a certification for overseas
11 assignment: Provided, That the seminar shall be conducted at no cost to
12 the overseas Filipino workers or to the officials concerned.
13
14 2. The DOLE, including the Philippine Overseas Employment Agency
15 (POEA) and the Overseas Workers Welfare Administration (OWWA),
16 the Department of Foreign Affairs (DFA), the Commission on Filipino
17 Overseas (CFO), and other relevant government agencies, in
18 collaboration with the DOH, shall require all departing personnel prior
19 to deployment or assignment abroad to undergo seminar, orientation, or
20 training on the causes, manner of prevention, and impact of HIV and
21 AIDS.
22
23
24
25 SEC. 23. Information for Tourists and Transients – (Section 18 from RA)
26
27 1. Educational materials on the causes, modes of transmission, prevention,
28 and consequences of HIV infection and list of HIV and AIDS counseling
29 and testing facilities shall be adequately provided at all international and
30 local ports of entry and exit in the Philippines.
31
32 2. The PIA, together with DOT, the Department of Transportation
33 (DOTr), and other relevant government agencies, in coordination with
34 the PNAC and stakeholders in the tourism industry, shall lead the
35 implementation of this section. For this purpose, relevant guidelines shall
36 be developed within 60 days from effectivity of this IRR.
37
38
39 SEC. 24. Education in Communities – (Section 19 from RA)
40
41 1. The DILG, the Union of Local Authorities of the Philippines (ULAP), the
42 League of Provinces of the Philippines (LPP), the League of Cities of the Philippines
43 (LCP), and the League of Municipalities of the Philippines (LMP), through the Local
44 AIDS Councils (LAC) or the local health boards, Local Council for the Protection of
45 Children (LCPC) in coordination with the PNAC, shall implement a locally-based,
 1 multi-sectoral community response to HIV and AIDS through various channels on
2 evidence-based, culture-sensitive and gender-responsive (transformative), age-
3 appropriate, and human rights-oriented prevention tools to stop the spread of HIV
4 and AIDS. The community response shall also give due focus to Indigenous Peoples
5 (IP) communities, geographically isolated and disadvantaged areas (GIDA), as well as
6 individuals who are not employed and not enrolled in any learning or training
7 institutions.
8 Other formal organizations such as Sanggunian Kabataan, Association of
9 Barangay Captains, and Liga ng mga Baranggay sa Pilipinas are enjoined to likewise
10 implement a similar community response to HIV and AIDS.
11 Gender and Development (GAD) funds of the implementing agencies and other
12 sources shall be utilized for this purpose.
13
14 2. The DILG and the DSWD, in coordination with the National Commission on
15 Indigenous People (NCIP), shall establish a plan for a locally-based multi-sectoral
16 community response to HIV and AIDS in IP communities and GIDA.
17
18 3. The DILG, in coordination with the DSWD and the NYC, shall also conduct
19 age-appropriate HIV and AIDS education for those who are not employed and
20 enrolled in any learning or training institutions.
21
22 4. The Commission on Wikang Pilipino in coordination with DepED, DILG,
23 CHED, and NCIP, and other relevant government agencies, the academe, and local
24 government units (LGUs), shall be in charge of the translation of educational materials
25 to local languages in IP and GIDA communities.
26
27
28 SEC. 25. Education for Key Populations and Vulnerable Communities –
29 (Section 20 from RA)
30
31 1. To ensure that HIV services reach key populations at higher risk, the PNAC, in
32 collaboration with the LGUs and CSOs engaged in HIV and AIDS programs and
33 projects, shall support and provide funding for HIV and AIDS education programs,
34 such as peer education, support groups, outreach activities, and community based
35 research that target these populations and other vulnerable communities.
36
37 2. The DOH, in coordination with appropriate agencies and the PNAC, shall craft
38 the guidelines and standardized information messages for peer education, support
39 group, and outreach activities.
40
41 SEC. 26. Information on Prophylactics (Section 21 from RA) – The DOH, through
42 the Food and Drug Administration (FDA), shall establish guidelines in printing or
43 attaching appropriate information to every prophylactic offered for sale or given as a
44 donation. Such information shall be legibly printed in English and Filipino, and contain
1 literature on the proper use of the prophylactic device or agent and its efficacy against
2 HIV and STI.
3
4 SEC. 27. Misinformation on HIV and AIDS (Section 22 from RA) – Any
5 misinformation on HIV and AIDS shall be strictly prohibited. Misinformation includes
6 false and misleading advertising and claims in any form of media, including traditional
7 media, internet and social platforms, and mobile applications; or the promotional
8 marketing of drugs, devices, agents or procedures, without prior approval from the
9 DOH through the FDA and without the requisite medical and scientific basis,
10 including markings and indications in drugs and devices or agents, claiming to be a
11 cure or a fail-safe prophylactic for HIV infection.
12
13
14 RULE 5
15 PREVENTIVE MEASURES, SAFE PRACTICES AND PROCEDURES
16 (Article 3 from RA)
17
18 SEC. 28. HIV Prevention Measures. – (Section 23 from RA)
19
20 1. The PNAC, in coordination with the DOH, LGUs, and other relevant
21 government agencies, private sector, CSOs, faith-based organizations, and
22 PLHIVs, shall implement preventive measures, including but not limited to the
23 following:
24
25 (a) Creation of rights-based and community-led behavior modification
26 programs that seek to encourage HIV risk reduction behavior among
27 PLHIVs and Key Populations;
28 (b) Establishment and enforcement of rights-based mechanisms, which
29 include psychosocial counseling: 1. to promote HIV status disclosure to
30 partners; and 2. to strongly encourage newly tested HIV-positive
31 individuals to conduct partner notification.
32 (c) Establishment of standard precautionary measures in public and private
33 health facilities;
34 (d) Accessibility of ART, prophylactics and age-appropriate management of
35 opportunistic infections;
36 (e) Mobilization of communities of PLHIVs and their families for public
37 awareness campaigns and stigma and discrimination reduction activities;
38 and
39 (f) Establishment of comprehensive human rights and evidence-based
40 policies, programs, and approaches that aim to reduce transmission of
1 HIV and its harmful consequences to members of key affected
2 populations.
3
4 2. The enforcement of this section shall not lead to or result in the discrimination
5 or violation of the rights of PLHIV and of the service provider implementing the
6 program including peer educators and community-based testing providers.
7
8
9 SEC. 29. Comprehensive Health Intervention for Key Populations –
10 (Section 24 from RA)
11
12 1. The DILG, DOH and NCIP, in partnership with CHR, the key
13 populations, which may be represented by CSOs and youth-led
14 organizations, shall establish a human rights-based and evidence-based
15 HIV prevention policy and program for people who have higher risk of
16 HIV infection and other key populations.
17
18 2. The presence of used or unused prophylactics shall not be used as basis to
19 conduct raids or similar police operations in sites and venues of HIV
20 prevention interventions. The DILG and DOH, in coordination with
21 LGUs shall establish a national policy and develop necessary guidelines
22 within 60 days from the effectivity of this IRR to guarantee the
23 implementation of this provision.
24
25
26 SEC. 30. Preventing Mother-to-Child HIV Transmission (PMTCT) – (Section
27 25 from RA)
28
29 1. The DOH shall establish a program to prevent mother-to-child HIV
30 transmission that shall be integrated in its maternal and child health
31 services.
32
33 2. The PMTCT program shall include universal voluntary HIV testing,
34 counseling, and referrals to HIV treatment and care.
35
36 3. The PLHIV pregnant women shall have access to prenatal care, correct
37 information on the mode of delivery by the attending physician that will
38 prevent mother-to-child transmission and newborn feeding.
39
40
41 SEC. 31. Standard Precaution on the Donation of Blood, Tissue, or Organ
42 (Section 26 from RA) – The DOH shall enforce the following guidelines on the
43 donation of blood, tissue, or organ:
44
1 (a) Donation of tissue or organ, whether gratuitous or onerous, shall be
2 accepted by a laboratory or institution only after a sample from the donor
3 has been tested negative for HIV;
4
5 (b) All donated blood shall be subjected to HIV testing;
6 (c) All donors whose blood, organ or tissue has been tested positive shall be
7 deferred from donation, notified of their HIV status, counselled, and
8 referred for care and clinical management as soon as possible.
9 (d) Donations of blood, tissue, or organ testing positive for HIV may be
10 accepted for research purposes only and shall be subject to strict sanitary
11 disposal requirements; and
12 (e) A second testing may be demanded as a matter of right by the blood,
13 tissue, or organ recipient or his/her immediate relatives before
14 transfusion or transplant, except during emergency cases.
15
16 SEC. 32. Testing of Organ Donation (Section 27 from RA)– Lawful consent to
17 HIV testing of a donated human body organ, tissue, or blood shall be considered as
18 having been given when:
19
20 (a) A person volunteers or freely agrees to donate one’s blood, organ, or
21 tissue for transfusion, transplantation, or research; and
22 (b) A legacy or donation is executed in accordance with Sections 3 and 4
23 respectively, of Republic Act No. 7170, otherwise known as the “Organ Donation Act
24 of 1991”.
25
26 SEC. 33. Guidelines on Medical Management, Surgical, and Other Related
27 Procedures (Section 28 from RA)–
28
29 1. The DOH, in consultation with concerned professional organizations and
30 hospital associations, shall issue guidelines on medical management of PLHIV
31 and protocol on precautions against HIV transmission during surgical, dental,
32 embalming, body painting or tattooing that require the use of needles or similar
33 procedures.
34
35 2. The necessary protective equipment, such as gloves, goggles and gowns, shall
36 be prescribed and required, and made available to all physicians and health care
37 providers, tattoo artists, embalmers, undertakers and similarly exposed
38 personnel at all times.
39
1
2 3. The DOH shall issue guidelines on the handling and disposal of cadavers, body
3 fluids, or wastes of persons known or believed to be HIV-positive.
4
5
6
7 RULE 6
8 SCREENING, TESTING AND COUNSELLING (Article 4 from RA)
9
10 SEC. 34. HIV Testing – (Section 29 from RA)
11
12 1. The State shall encourage voluntary HIV testing as a matter of policy.
13 Written consent from the person taking the test must be obtained before
14 HIV testing.
15
16 (a) In keeping with the principle of the evolving capacities of the child as
17 defined in Section 4(k) of this IRR, if the person is fifteen (15) to below
18 eighteen (18) years of age, consent to voluntary HIV testing shall be
19 obtained from the child without the need for the consent of a parent or
20 guardian;
21 (b) In keeping with the mature minor doctrine as defined in Section 4 (ee)
22 of this IRR, any young person age below fifteen (15) years, who is
23 pregnant or engaged in high risk behavior, shall be eligible for HIV
24 testing and counseling with the assistance of social worker or health
25 worker. Consent to voluntary HIV testing shall be obtained from the
26 child without the need for the consent of a parent or guardian.
27 (c) In all other cases not covered by paragraph (b) of this section, consent
28 to voluntary HIV testing shall be obtained from the child’s parents or
29 legal guardian if the person is below fifteen (15) years of age or is mentally
30 incapacitated. In cases when the child’s parents or legal guardian cannot
31 be located despite reasonable efforts, or if the child’s parents or legal
32 guardian refuse to give consent, shall be obtained from the licensed social
33 worker or health worker. To protect the best interest of the child, the
34 assent of the minor shall also be required prior to the HIV testing.
35 2. In every circumstance, proper counseling shall be conducted by a social worker,
36 health care provider, or health care professional accredited by the DOH or the
37 DSWD.
38
39 3. The HIV testing guidelines issued by the DOH shall include guidance for testing
40 minors and for the involvement of parents or guardians in the HIV testing of
 1 minors. The guidelines shall be developed in coordination with NYC, DSWD
2 and CWC within 60 days from the effectivity of this IRR.
3
4 4. The DOH, in coordination with other relevant government agencies, shall
5 continually review and revise, as appropriate, the HIV diagnostic algorithm
6 based on current available laboratory technology and evidence.
7
8
9 SEC. 35. Compulsory HIV Testing (Section 30 from RA)– Compulsory HIV
10 testing shall be allowed only in the following instances:
11
12 (a) When it is necessary to test a person who is charged with any of the offenses
13 punishable under Articles 264 and 268 on serious and slight physical injuries,
14 and Articles 33 and 338 on rape and simple seduction both of Act No. 3815,
15 or the “The Revised Penal Code”, as amended and as also amended by
16 Republic Act No. 8353, otherwise known as “The Anti-Rape Law of 1997”:
17
18 (b) When it is necessary to resolve relevant issues under Executive Order No.
19 209, otherwise known as “The Family Code of the Philippines”; and
20 (c) As a prerequisite in the donation of blood in compliance with the provisions
21 of Republic Act No. 7170, otherwise known as the “Organ Donation Act
22 of 1991”, and Republic Act No. 7719, otherwise known as the “National
23 Blood Services Act of 1994”.
24
25 SEC. 36. Mechanisms and Standards on Routine Provider-Initiated and
26 Client-Initiated HIV Counseling and Testing (Section 31 from RA)–
27
28 1. The DOH shall establish mechanisms and standards on routine provider-
29 initiated and client-initiated HIV counseling and testing.
30
31 2. To implement this section, the DOH shall:
32
33 (a) Accredit public and private HIV testing facilities based on capacity to
34 deliver testing services including HIV and AIDS counseling: Provided,
35 that only DOH-accredited HIV testing facilities shall be allowed to
36 conduct HIV testing;
37 (b) Develop the guidelines within 60 days from the effectivity of this IRR
38 for HIV counseling and testing, including mobile HIV counseling and
39 testing and routine provider-initiated HIV counseling and testing, that
40 shall ensure, among others, that HIV testing is based on informed
41 consent, is voluntary and confidential, is available at all times, and is
42 provided by qualified persons and DOH-accredited providers;
1 (c) Accredit institutions or organizations that train HIV and AIDS
2 counselors in coordination with the DSWD;
3 (d) Accredit competent HIV and AIDS counselors for persons with
4 Disabilities, including, but not limited to, translators, the hearing-
5 impaired, Braille for the visually-impaired clients, in coordination with
6 the National Council for Disability Affairs (NCDA);
7 (e) Set the standards for HIV counseling, and shall work closely with HIV
8 and AIDS CSOs that train HIV and AIDS counselors and peer
9 educators, in coordination with and participation of NGOs, government
10 organizations (GOs), and Civil Society Organizations of PLHIV (CSO-
11 PLHIV); and
12 (f) Ensure access to routine provider-initiated counseling and testing as part
13 of clinical care in all healthcare settings for the public.
14

15 2. All HIV testing facilities shall provide free pre-test and post-test HIV counseling
16 to individuals who wish to avail HIV testing, which shall likewise be confidential.
17 No HIV testing shall be conducted without informed consent.
18
19 3. The DOH, in coordination with relevant government agencies and CSOs, shall
20 ensure that specific approaches to HIV counseling and testing are adopted based
21 on the nature and extent of HIV and AIDS incidence in the country.
22
23 4. Pre-test counseling and post-test counseling shall be done by the HIV and AIDS
24 counselor, licensed social worker, licensed health service provider, or a DOH-
25 accredited health service provider: Provided, That for the government HIV testing
26 facilities, pre-test and post-test HIV counseling shall be provided for free.
27
28
29 SEC. 37. HIV Testing for Pregnant Women (Section 32 from RA)– A health care
30 provider who offers pre-natal medical care shall offer provider-initiated HIV testing
31 for pregnant women: Provided, that any pregnant woman who refuses to avail of HIV
32 testing shall not be denied pre- or ante-natal services. The DOH shall provide the
33 necessary guidelines for healthcare providers in the conduct of the screening procedure
34 within 60 days from the effectivity of this IRR.
35
36
37
38 RULE 7
39 HEALTH AND SUPPORT SERVICES (Article 5 from RA)
40
 1
2 SEC. 38. Treatment of Persons Living with HIV and AIDS – (Section 33 from
3 RA) The DOH shall establish a program to provide free and accessible ART and
4 medication for opportunistic infections to all PLHIV, who are enrolled in the program.
5 It shall likewise designate public and private hospitals to become treatment hubs. A
6 manual of procedures for management of PLHIV shall be developed by the DOH.
7
8 SEC. 39. Access to Medical Services by Indigents (Section 34 from RA)– Indigent
9 persons living with HIV shall not be deprived access to health and nutrition services.
10 The DOH and DSWD shall establish a program that will support better access to ART
11 and medication for opportunistic infections to all indigent PLHIV, which includes
12 financial support for necessary health and nutrition services related to the person’s
13 HIV condition.
14
15 SEC. 40. Economic Empowerment and Support (Section 35 from RA)– PLHIV
16 shall not be deprived of any employment, livelihood, micro-finance, self-help, and
17 cooperative programs by reason of their HIV status. The DSWD, in coordination with
18 DILG, DOLE, and TESDA, shall develop enabling policies and guidelines within 60
19 days from the effectivity of this IRR to ensure economic empowerment and
20 independence designed for PLHIV.
21
22 SEC. 41. Care and Support for Persons Living with HIV (Section 36 from RA)–
23 The DSWD, in coordination with DOH, shall develop care and support programs for
24 PLHIV, which shall include peer-led counseling and support, social protection, welfare
25 assistance, and mechanisms for case management. These programs shall include care
26 and support for the affected children, families, partners, and support groups of
27 PLHIV.
28
29
30 SEC. 42. Care and Support for Overseas Workers Living with HIV (Section 37
31 from RA)– The Overseas Workers Welfare Administration (OWWA), in coordination
32 with DOH, DSWD, DFA, CFO, and the Bureau of Quarantine and International
33 Health Surveillance, shall develop a program to provide a stigma-free comprehensive
34 reintegration, care, and support program, including economic, social, and medical
35 support, for overseas workers living with HIV, regardless of employment status and
36 stage in the migration process.
37
38
39 SEC. 43. Care and Support for Affected Families, Intimate Partners, Significant
40 Others and Children of People Living with HIV (Section 38 from RA)– The
41 DSWD, DOH, and LGUs, in consultation with CSOs and affected families of PLHIV,
42 shall develop care and support programs for affected families, intimate partners,
43 significant others, and children of PLHIV, which shall include the following:
44
1 (a) Education programs that reduce HIV-related stigma, including
2 counseling, to prevent HIV-related discrimination within the family;
3 (b) Educational assistance for children infected with HIV and children
4 orphaned by HIV and AIDS; and
5 (c) HIV treatment and management of opportunistic infections for minors
6 living with HIV, who are not eligible under the Outpatient HIV and AIDS
7 Treatment (OHAT) package of Philippine Health Insurance Corporation
8 (PhilHealth).
9
10 SEC. 44. Care and Support Program in Prisons and Others Closed-Setting
11 Institutions (Section 39 from RA)–
12
13 1. All prisons, rehabilitation centers, and other closed-setting institutions
14 shall have comprehensive STI, HIV and AIDS prevention and control
15 program that includes HIV education and information. HIV counseling
16 and testing, and access to HIV treatment and care services. The CHR in
17 coordination with DOH, DILG, DOJ, and DSWD, shall develop HIV
18 and AIDS comprehensive programs and policies, which include the HIV
19 counseling and testing procedures in prisons, rehabilitation centers, and
20 other closed-setting institutions.
21
22 2. PLHIV in prisons, rehabilitation centers, and other closed-setting
23 institutions shall be provided HIV treatment, which includes ART, care,
24 and support, in accordance with the national guidelines. Efforts should
25 be undertaken to ensure the continuity of care at all stages, from
26 admission to release. The provision on informed consent and
27 confidentiality shall also apply in closed-setting institutions.
28
29 3. In pursuit of the objectives of this IRR and within reasonable conditions,
30 representatives from CHR, DOJ, DOH, and other relevant agencies shall
31 be accorded unimpeded access to PLHIV in prisons, rehabilitation
32 centers, and closed-setting institutions.
33
34
35 SEC. 45. Non-discriminatory HIV and AIDS Services (Section 40 from RA)–
36 The members of the PNAC, in cooperation with CSOs and in collaboration with
37 DOJ and CHR, shall ensure the delivery of non-discriminatory HIV and AIDS
38 services by government and private HIV and AIDS service providers.
39
40 SEC. 46. Protection of HIV Educators, Licensed Social Workers, Health
41 Workers, and Other HIV and AIDS Service Providers from Harassment
42 (Section 41 from RA)– Any person involved in the provision of HIV and AIDS
43 services, including peer educators, shall be protected from suit, arrest or prosecution,
1 and from civil, criminal or administrative liability, on the basis of their delivery of such
2 services in HIV prevention. This protection does not cover acts which are committed
3 in violation of this IRR.
4
5 SEC. 47. Health Insurance and Similar Health Services –(Section 42 from RA)
6 The PhilHealth shall:
7
8 (a) Develop a benefit package for PLHIV that shall include coverage for
9 inpatient and outpatient medical and diagnostic services, including
10 medication and treatment;
11 (b) Develop a benefit package for the unborn, newborn, and minor child
12 of infected mothers;
13 (c) Set a reference price for HIV services in government hospitals;
14 (d) Conduct programs to educate the human resources of companies on
15 the PhilHealth package on HIV and AIDS; and
16 (e) Develop a mechanism for orphans living with HIV to access HIV
17 benefit package.
18 1. The PhilHealth shall enforce confidentiality in the provision of
19 these packages to PLHIV. No PLHIV shall be denied or deprived of private
20 health insurance under a Health Maintenance Organization (HMO) and
21 private life insurance coverage of any life insurance company on the basis of
22 HIV status. Furthermore, no person shall be denied life insurance claims if
23 the cause of death is HIV or AIDS under a valid and subsisting life insurance
24 policy
25
26 2. The Insurance Commission (IC) shall implement this provision
27 and shall develop the necessary policies to ensure compliance within 60 days
28 from the effectivity of this IRR.
29
30
31 SEC. 48. HIV and AIDS Monitoring and Evaluation – (Section 43 from RA)
32 The DOH shall maintain a comprehensive HIV and AIDS monitoring and
33 evaluation programs that shall serve the following purposes:
34
35 (a) Determine and monitor the magnitude and progression of HIV and
36 AIDS in the Philippines to help the national government evaluate the
37 adequacy and efficacy of HIV prevention and treatment programs being
38 employed;
39
1 (b) Receive, collate, process, and evaluate all medical reports related to HIV
2 and AIDS from all hospitals, clinics, laboratories and testing centers,
3 including HIV-related deaths and relevant data from public and private
4 hospitals, various databanks or information systems: Provided, That it
5 shall adopt a coding system that ensures anonymity and confidentiality;
6 and
7
8 (c) Submit to PNAC, through the PNAC Secretariat, an annual report
9 containing the findings of its monitoring and evaluation activities in
10 compliance with this mandate.
11
12 RULE 8 (Article 6 from RA)
13 CONFIDENTIALITY
14
15 SEC. 49. Confidentiality (Section 44 from RA) – The confidentiality and privacy of
16 any individual, who has been tested for HIV, has been exposed to HIV, has HIV
17 infection or HIV-AIDS related illnesses, or was treated for HIV related illnesses. The
18 following acts violate confidentiality and privacy:
19
20 (a) Disclosure of Confidential HIV and AIDS Information –
21 (1) Unless otherwise provided in Section 50 of this IRR, it shall be
22 unlawful to disclose, without written consent, information that a person has
23 HIV and AIDS, has undergone HIV-related test, has HIV infection or HIV-
24 related illnesses, or has been exposed to HIV.
25 (2) The prohibition shall apply to any person, natural or juridical,
26 whose work or function involves the implementation of this IRR or the delivery
27 of HIV-related services, including those who handle or have access to personal
28 data or information in the workplace, and who, pursuant to the receipt of the
29 required written consent from the subject of confidential HIV and AIDS
30 information, have been subsequently granted access to the same confidential
31 information.
32

33 (b) Media Disclosure – It shall be unlawful for any editor, publisher, reporter
34 or columnist in case of printed materials, or any announcer or producer in case
35 of television and radio broadcasting, or any producer or director of films in case
36 of the movie industry, or any other individual or organization in case of social
37 media, to disclose the name, picture, or any information that would reasonably
38 identify persons living with HIV and AIDS or any confidential HIV and AIDS
39 information without the prior written consent of their subjects except when the
1 persons waive said confidentiality through their own acts and omissions under
2 Section 4 (a) of R. A. No. 10175, otherwise known as the “Cybercrime
3 Prevention Act of 2012”, and Section 25 of R. A. No. 10173, otherwise known
4 as the “Data Privacy Act of 2012”.
5
6 SEC. 50. Exceptions (Section 45 from RA)– Confidential HIV and AIDS
7 information may be released by HIV testing facilities without consent in the
8 following instances:
9
10 (a) When complying with reportorial requirements of the national active and
11 passive surveillance system, including reports of death, of the DOH: Provided, that the
12 information related to a person’s identity shall remain confidential;
13 (b) When informing other health workers directly involved in the treatment
14 or care of a PLHIV: Provided, that such workers shall be required to perform the duty
15 of shared medical confidentiality; and
16 (c) When responding to a subpoena duces tecum and subpoena ad testificandum
17 issued by a court or a quasi-judicial body with jurisdiction over a legal proceeding
18 where the main issue is the HIV status of an individual: Provided, that the confidential
19 medical record, after having been verified for accuracy by the head of the office or
20 department, shall remain anonymous and unlinked and shall be properly sealed by its
21 lawful custodian, hand-delivered to the court, and personally opened by the judge:
22 Provided, further, That the judicial or administrative proceedings shall be held in
23 executive session.
24
25
26 SEC. 51. Disclosure of HIV-Related Test Results (Section 46 from RA) –
27
28 1. The result of any test related to HIV shall be disclosed by the trained service
29 provider who conducts pre-test and post-test counseling only to the individual who
30 submitted to the test. If the patient is below the age of fifteen (15) years, an orphan, or
31 suffering from mental incapacity, or patients in comatose state, the result of the test
32 may be disclosed to either of the patient’s parents, next of kin, legal guardian, or to a
33 duly assigned licensed social worker or health worker, whichever is applicable
34 considering the best interest of the said patient: Provided, That when a person below
35 the age of fifteen (15) years, who is not suffering from any mental incapacity, has given
36 voluntary and informed consent to the procedure in accordance with Section 34(1)(b)
37 of this IRR, the result of the test shall be disclosed to the child: Provided, further, That
38 the child should be given age-appropriate counseling and access to necessary health
39 care and sufficient support services.
40 The result of any test related to HIV and AIDS may also be disclosed to a person
41 authorized to receive such results in conjunction with the DOH Monitoring Body as
42 provided in Section 48 of this IRR.
 1
2
3
4
5 SEC. 52. Disclosure to Persons with Potential Exposure to HIV –(Section 47
6 from RA)
7
8 1. Any person who, after having been tested is found to be infected with
9 HIV, is strongly encouraged to disclose this health condition to the
10 spouse, sexual partners, and/or any person prior to engaging in
11 penetrative sex or any potential exposure to HIV.
12
13 2. A person living with HIV may seek help from qualified professionals,
14 including medical professionals, health workers, peer educators, or social
15 workers for disclosing this health condition to one’s partner or spouse.
16 Confidentiality shall likewise be observed.
17
18 3. Further, the DOH through the PNAC, shall establish an enabling
19 environment to encourage newly tested HIV-positive individuals to
20 disclose their status to partners.
21
22
23 SEC. 53. Duty of Employers, Heads of Government Offices, Heads of Public
24 and Private Schools or Training Institutions, and Local Chief Executives
25 (Section 48 from RA)
26
27 1. It shall be the duty of private employers, heads of government offices, heads of
28 public and private schools and training institutions and local chief executives, overall
29 private establishments within their territorial jurisdiction to prevent and deter acts of
30 discrimination against PLHIV and to provide procedures for the resolution,
31 settlement, or prosecution of acts of discrimination. Towards this end, the private
32 employer, head of office, or local chief executive shall:
33
34
35 2. Promulgate rules and regulations, prescribing the procedure for the investigation
36 of discrimination cases and the administrative sanctions therefor; and
37
38 (a) Create and ad hoc committee on the investigation of discrimination cases.
39
40 The committee shall conduct meetings to increase the member’s knowledge and
41 understanding of HIV and AIDS, and to prevent incidents of discrimination. It
42 shall also conduct the administrative instigation of alleged cases of
43 discrimination.
44
45
 1
2
3
4
5 RULE 9 (Article 7 from RA)
6 DISCRIMINATORY ACTS AND PRACTICES AND CORRESPONDING
7 PENALTIES
8
9 SEC. 54. Discriminatory Acts and Practices (Section 49 from RA)– The following
10 discriminatory acts and practices shall be prohibited:
11
12 (a) Discrimination in the Workplace – Rejection of job application, termination
13 of employment, or other discriminatory policies in hiring, provision of employment
14 and other related benefits, promotion or assignment of an individual solely or partially
15 on the basis of actual, perceived, or suspected HIV status;
16 (b) Discrimination in Learning Institutions – Refusal of admission, segregation,
17 imposition of harsher disciplinary actions, or denial of benefits or services of a student
18 or a prospective student solely or partially on the basis of on actual, perceived, or
19 suspected HIV status;
20 (c) Restriction on Travel and Habitation – Restrictions on travel within the
21 Philippines, refusal of lawful entry into Philippine territory, deportation from the
22 Philippines, or the quarantine or enforced isolation of travelers solely or partially on
23 account of actual, perceived, or suspected HIV status is discriminatory. The same
24 standard of protection shall be accorded to migrants, visitors, and residents, who are
25 not Filipino citizens;
26 (d) Restrictions on Shelter – Restrictions on housing or lodging, whether
27 permanent or temporary, solely or partially on the basis of actual, perceived, or
28 suspected HIV status;
29 (e) Prohibition from Seeking or Holding Public Office – Prohibition on the right to
30 seek an elective or appointive public office solely or partially on the basis of actual,
31 perceived, or suspected HIV status;
32 (f) Exclusion from Credit and Insurance Services – Exclusion from health,
33 accident or life insurance, or credit and loan services, including the extension of such
34 loan or insurance facilities of an individual solely or partially on the basis of actual,
35 perceived, or suspected HIV status: Provided, That the PLHIV has not concealed or
36 misrepresented the fact to the insurance company or loan or credit service provider
37 upon application;
1 (g) Discrimination in Hospitals and Health Institutions – Denial of health services,
2 or being charged with a higher fee, on the basis of actual, perceived or suspected HIV
3 status is discriminatory act and it is prohibited;
4 (h) Denial of Burial Services – Denial of embalming and burial services for a
5 deceased person who had HIV and AIDS or who was known, suspected, or perceived
6 to be HIV-positive;
7 (i) Act of Bullying – Bullying in all forms including name-calling, upon a
8 person based on actual, perceived, of suspected HIV status, including bullying in social
9 media and other online portals; and
10 (j) Other similar or analogous discriminatory acts.
11
12 SEC. 55. Penalties – (Section 50 from RA)
13
14 (a) Any person who commits the prohibited act under paragraph Section 27
15 of this IRR on misinformation on HIV and AIDS shall, upon conviction, suffer the
16 penalty of imprisonment ranging from one (1) year but not more than ten (10) years,
17 a fine of not less than Fifty Thousand pesos (P50,000) but not more than Five
18 Hundred Thousand pesos (P500,000), or both, at the discretion of the Court: Provided,
19 That if the offender is a manufacturer, importer or distributor of any drugs, devices,
20 agents, and other health products, the penalty of at least five (5) years imprisonment
21 but not more than ten (10) years and a fine of at least Five Hundred Thousand pesos
22 (P500,000) but not more than Five Million pesos (P5,000,000) shall be imposed:
23 Provided, further, That drugs, devices, agents, and other health products found in
24 violation of Section 26 of this IRR may be seized and held in custody when the FDA
25 Director-General has reasonable cause to believe facts found by him/her or an
26 authorized officer or employee of the FDA that such health products may cause injury
27 or prejudice to the consuming public;
28 (b) Any person who violates Section 29 (2) of this IRR on police operations
29 vis-á-vis comprehensive health intervention for key populations shall, upon conviction,
30 suffer the penalty of imprisonment of one (1) year to five (5) years and a fine of not
31 less than One Hundred Thousand pesos (P100,000.00) but not more than Five
32 Hundred Thousand pesos (P500,000.00): Provided, That the law enforcement agents
33 found guilty shall be removed from public service;
34 (c) Any person who knowingly or negligently causes another to get infected
35 with HIV in the course of the practice of profession through unsafe and unsanitary
36 practice and procedure, or who compelled any person to undergo HIV testing without
37 his or her consent shall, upon conviction, suffer the penalty of imprisonment of six
38 (6) years to twelve (12) years, without prejudice to the imposition of fines and
39 administrative sanctions, such as suspension or revocation of professional license. The
1 permit or license of the business entity and the accreditation of the HIV testing centers
2 may be cancelled or withdrawn if these establishments fail to maintain safe practices
3 and procedures as may be required by the guidelines formulated in compliance with
4 Section 31, on blood, tissue, or organ donation, and Section 33, on medical
5 management, surgical, and other related procedures of this IRR;
6 (d) Any person who violates Section 46 of this IRR, on the protection of
7 HIV educators, licensed social workers, health workers, and other HIV and AIDS
8 service providers from harassment shall, upon conviction, suffer the penalty of
9 imprisonment of six (6) months to five (5) years and a fine of not less than One
10 Hundred Thousand pesos (P100,000.00) but not more than Five Hundred Thousand
11 pesos (P500,000.00): Provided, That if the person who violates this provision is a law
12 enforcement agent or a public official, administrative sanctions may be imposed in
13 addition to imprisonment and/or fine, at the discretion of the Court;
14 (e) Any person, natural or juridical, who violates the provisions of Section
15 47 of this IRR on health insurance and similar services shall, upon conviction, suffer
16 the penalty of imprisonment of six (6) months to five (5) years and/or a fine of not
17 less than Fifty Thousand pesos (P50,000.00), at the discretion of the Court, and
18 without prejudice to the imposition of administrative sanctions such as fines,
19 suspensions or revocation of business permit, business license or accreditation, and
20 professional license;
21 (f) Any person who violates the provisions of Section 49 of this IRR on
22 Confidentiality shall, upon conviction, suffer the following penalties:
23 (1) Six (6) months to two (2) years of imprisonment for any person
24 who breaches confidentiality and/or a fine of not less than Fifty Thousand
25 pesos (P50,000.00), but not more than One Hundred Fifty Thousand pesos
26 (P150,000.00), at the discretion of the Court;
27 (2) Two (2) years and one (1) day to five (5) years of imprisonment
28 for any person who causes the mass dissemination of the HIV status of a
29 person, including spreading the information online or making statements to the
30 media and/or a fine of not less than One Hundred Fifty Thousand pesos
31 (P150,000.00) but not more than Three Hundred Fifty Thousand pesos
32 (P350,000.00), at the discretion of the Court; and
33 (3) Five (5) years and one (1) day to seven (7) years of imprisonment
34 for any health professional, medical instructor, worker, employer, recruitment
35 agency, insurance company, data encoder, and other custodian of any medical
36 record, file, data, or test result who breaches confidentiality, and/or a fine of
37 not less than Three Hundred Fifty Thousand pesos (P350,000.00) but not more
1 than Five Hundred Thousand pesos (P500,000.00), at the discretion of the
2 Court.
3 These penalties are without prejudice to any administrative sanction or
4 civil suit that may be brought against persons who violate confidentiality under
5 this IRR.
6
7 (g) Any person who shall violate any of the provisions in Section 54 of this
8 IRR on discriminatory acts and practices shall, upon conviction, suffer the penalty of
9 imprisonment of six (6) months to five (5) years and/or a fine of not less than Fifty
10 Thousand pesos (P50,000.00) but not more than Five Hundred Thousand pesos
11 (P500,000.00), at the discretion of the Court, and without prejudice to the imposition
12 of administrative sanctions such as fines, suspension or revocation of business permit,
13 business license or accreditation, and professional license; and
14 (h) Any person who has obtained knowledge of confidential HIV and AIDS
15 information and uses such information to malign or cause damage, injury, or loss to
16 another person shall face liability under Articles 19, 20, 21, and 26 of the New Civil
17 Code of the Philippines and relevant provisions of Republic Act No. 10173, otherwise
18 known as the “Data Privacy Act of 2012”.
19 If the offender is a corporation, association, partnership or any other juridical
20 person, the penalty of imprisonment shall be imposed upon the responsible officers
21 and employees, as the case may be, who participated in, or allowed by their gross
22 negligence, the commission of the crime, and the fine shall be imposed jointly and
23 severally on the juridical person and the responsible officers/employees. Furthermore,
24 the Court may suspend or revoke its license or business permit.
25 If the offender is an alien, he/she shall, in addition to the penalties prescribed
26 herein, be deported without further proceedings after serving penalties herein
27 prescribed.
28 If the offender is a public official or employee, he/she shall, in addition to the
29 penalties herein, suffer perpetual or temporary absolute disqualification from office, as
30 the case may be.
31
32 SEC. 56. Penalties Collected –(Section 51 from RA) The penalties collected
33 pursuant to this section shall be put into a special fund to be administered by the
34 PNAC and shall be used for initial interventions required to address gaps in the
35 national response on the part of government agencies and its partners from civil society
36 and international organizations in accordance with Section 6 (1) (m) of this IRR.
37
38
39
40 RULE 10 (Article 8 from RA)
41
42 FINAL PROVISIONS
43 SEC. 57. Appropriations – (Section 52 from RA)
 1
2 1. The amount needed for the initial implementation of this IRR shall be
3 charged against the appropriations for the DOH. Thereafter, such sums as may be
4 necessary for the continued implementation of this IRR shall be included in the annual
5 General Appropriations Act (GAA).
6 2. The DBM, in coordination with the Department of Finance (DOF), DOH,
7 and other relevant government agencies, shall consider the incidence of HIV and
8 AIDS in accordance with the AMTP.
9 3. LGUs shall allocate a separate budget item for HIV and AIDS program
10 in their respective annual appropriations for the LGU action plans mandated and
11 specified in this IRR.
12 4. The funding requirement needed to provide for the health insurance
13 package and other services for PLHIV as stated in Section 47 of this IRR shall be
14 charged against the PhilHealth’s corporate funds
15 5. The funding needed to upgrade or construct government-administered
16 HIV testing and treatment centers shall be funded from the revenues of the sin tax
17 under Republic Act No. 8424, otherwise known as the “National Internal Revenue
18 Code”, as amended by Republic Act No. 10351. And shall be prioritized under the
19 Health Facilities Enhancement Program of the DOH (HFEP).
20 6. The funds to be appropriated for the operations of the PNAC shall be a
21 distinct and separate budget item from the regular appropriation for DOH and shall
22 be administered by the Secretary of Health. In no circumstance shall the
23 appropriations, savings, and other resources of the PNAC be realigned to the programs
24 and projects of DOH or any other government agency, unless such program or project
25 is related to the implementation of the provisions under this IRR.
26
27 SEC. 58. Transitory Provisions (Section 53 from RA)–
28 The personnel designated by the DOH as Secretariat of the PNAC under Section
29 12 of this IRR shall be absorbed as permanent personnel to fill the position of the
30 Secretariat as provided in this Act.
31
32 FOR GA DELIBERATION AND IMMEDIATE ACTION (APRIL 10,
33 2019)
34
35 The PNAC under this present IRR may convene as necessary to make decisions
36 and resolutions even if the appointment of all CSOs for membership in the PNAC has
37 not yet been achieved. The meetings of the PNAC shall be convened with at least
38 ______(number) in attendance, including the Chairperson, or the Vice Chairperson,
39 acting as Chairperson at such meetings. Decisions shall be made and resolutions shall
40 be passed on the vote of the majority of the members in attendance. The PNAC shall
41 endeavor to achieve the immediate qualification and appointment of CSOs for
42 membership in the PNAC.
43
44 SEC. 59. Review and Amendment of the Implementing Rules and
45 Regulations (Section 54 from RA)– This IRR may be amended upon the majority
 1 vote of all the members of the PNAC. The PNAC shall review the IRR at least every
2 five (5) years from the date of the adoption of this Resolution.
3
4 SEC. 60. Repealing Clause – (Section 55 from RA) Republic Act No. 8504,
5 otherwise known as the “Philippine AIDS Prevention and Control Act of 1998”, is hereby
6 repealed.
7
8 All decrees, executive orders, proclamations, and administrative regulations or
9 parts thereof, particularly in Act No. 3815, otherwise knowns as the “Revised Penal
10 Code”, as amended, Republic Act No. 8353, otherwise known as the “Anti-Rape Law
11 of 1997”, Executive Order No. 209, otherwise known as the “Family Code of the
12 Philippines”, Republic Act No. 7719, otherwise known as the “National Blood
13 Services Act of 1994”, and Republic Act No. 7170”, otherwise known as the “Organ
14 Donation Act of 1991”, inconsistent with the provisions of this IRR are hereby
15 repealed, amended or modified accordingly.
16
17 SEC. 61. Separability Clause (Section 56 from RA)– If any provision or part of this
18 IRR is declared unconstitutional, the remaining parts or provisions not affected shall
19 remain in full force and effect.
20
21 SEC. 62. Effectivity – (Section 57 from RA) This IRR takes effect fifteen (15) days
22 after its complete publication in the national newspaper of general circulation and the
23 U.P. Law Center.
24
25
26