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115 OG No. 3, 554 (January 21, 2019)

[ REPUBLIC ACT NO. 11166, December 20, 2018 ]

AN ACT STRENGTHENING THE PHILIPPINE COMPREHENSIVE
POLICY ON HUMAN IMMUNODEFICIENCY VIRUS (HIV) AND
ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS)
PREVENTION, TREATMENT, CARE, AND SUPPORT, AND
RECONSTITUTING THE PHILIPPINE NATIONAL AIDS COUNCIL
(PNAC), REPEALING FOR THE PURPOSE REPUBLIC ACT NO.
8504, OTHERWISE KNOWN AS THE "PHILIPPINE AIDS
PREVENTION AND CONTROL ACT OF 1998", AND
APPROPRIATING FUNDS THEREFOR

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

assembled:

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

SEC. 2. Declaration of Policies. - The Human Immunodeficiency Virus (HIV) and

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

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

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

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

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

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

(b) Adopt a multi-sectoral approach in responding to the Country's HIV a ad AIDS

situation by ensuring that the whole of government approach, local communities, civil
society organizations (CSOs) and persons living with HIV are at the center of the process:

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

(d) Positively address and seek to eradicate- conditions that aggravate the spread of HIV
infection, which include poverty, gender inequality, marginalization, and ignorance.

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

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

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

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

(d) Civil Society Organizations (CSOs) refer to groups of nongovernmental and

noncommercial individuals or legal entities that are engaged in non-coerced collective
action around shared interests, purpose and values;

(e) Community-Based Research refers to studies undertaken in community settings, which

involve community members in tut- design and implementation of research projects;

(f) Comprehensive Health Intervention for Key Populations refer to evidence-based

policies, programs, and approaches that aid to reduce transmission of HIV and its harmful
consequences on health, social relations and economic conditions;

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

(h) Discrimination refers to unfair or unjust treatment that distinguishes, excludes,

restricts, or shows preferences based, on any ground such as sex, gender, age, sexual
orientation, gender identity and expression, economic status, disability, ethnicity, and HIV
status, whether actual or perceived, and which has the purpose or effect of nullifying or
impairing the recognition, enjoyment or exercise by all persons similarly situated, of all
their rights and freedoms;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(y) Informed Consent refers to the voluntary agreement of a person to undergo or be

subjected to a procedure based on full information, whether such permission is written or
conveyed verbally;

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

(aa) Laboratory refers to an area or place, including community-based settings, where

research studies are being undertaken to develop local evidence for effective HIV
response;

(bb) Mature Minor Doctrine refers to the legal principle that recognizes the capacity of
some minors to consent independently to medical procedures, if they have been assessed
by qualified health professionals to understand the nature of procedures and their
consequences to make a decision on their own;
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(cc) Medical Confidentiality refers to the core duty of medical practice where the
information provided by the patient to health practitioners and his/her health status is kept
private and is not divulged to third parties. The patient's health status can, however, be
shared with other medical practitioners involved in the professional care of the patient,
who will also be bound by medical confidentiality. Medical confidentiality applies to the
attending physician, consulting medical specialist, nurse, medical technologist and all
other health workers or personnel involved in any counseling testing or professional care
of the patient. It also applies to any person who. in any official capacity, has acquired or
may have acquired such confidential information;

(dd) Opportunistic infections refer to illnesses caused by various organisms, many of

which do not cause diseases in persons with healthy immune system;

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

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

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

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

(ii) Post-exposure Prophylaxis refers to a preventive medical treatment started

immediately after exposure to a pathogen (HIV) in order to prevent infection by the
pathogen and the development of the disease;

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

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

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

(mm) Redress refers to an act of compensation for unfairness, grievance, and reparation;
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(nn) Safer Sex Practices refer to choices made and behaviors adopted by a person to
reduce or minimize the risk of HIV transmission. These may include postponing sexual
debut, non-penetrative sex, correct and consistent use of male or female condoms, and
reducing the number of sexual partners;

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

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

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

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

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

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

(uu) Vulnerable communities refers to communities and groups suffering from

vulnerabilities such as unequal opportunities, social exclusion, poverty, unemployment,
and other similar social, economic, cultural and political conditions, making them more
susceptible to HIV infection and to developing AIDS; and

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

ARTICLE I

THE PHILIPPINE NATIONAL AIDS COUNCIL

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

The PNAC shall be an agency attached to the DOH with a separate budget under the
General Appropriations Act (GAA). It shall have its own secretariat and staffing pattern
that shall be headed by an executive director.
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SEC. 5. Functions. - The PNAC shall perform the following functions:

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

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

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

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

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

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

(g) Mobilize sources of funds for the AMTP;

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

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

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

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

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

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

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

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SEC. 6. Membership and Composition. - Selection of the members of PNAC shall be

baaed on the following criteria:

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

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

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

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

(1) Department of Health (DOH):

(2) Department of Education (DepEd):

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

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

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

(6) Civil Service Commission (CSC):

(7) Commission on Higher Education (CHED):

(8) National Youth Commission (NYC):

(9) Philippine information Agency (PIA):

(10) Department of Budget and Management:

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

(12) The Chairperson of the Committee on Health of the House of Representatives or his
representative:

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

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

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

Except for members from government agencies, the members of the PNAC shall be
appointed by the President of the Philippines. The heads of government agencies may be

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represented by an official whose rank shall not be lower than an Assistant Secretary or its
equivalent.

The members of the PNAC shall be appointed act later than, thirty (30)days after the date
of the enactment of this Act.

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

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

SEC. 7. Secretariat. - The PNAC shall be supported by a secretariat consisting of

personnel with the necessary technical expertise and capability that shall be conferred
permanent appointments, subject to Civil Service rules and regulations. The Secretariat
shall be headed by an Executive Director, who shall be under the direct supervision of the
Chairperson of the PNAC.

The Secretariat shall perform the following functions:

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

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

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

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

(e) Coordinate and support the efforts of tilt? PNAC am! its members to mobilize
resources:

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

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

(h) Provide administrative- support to the PNAC: and

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

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

(a) The country's targets and strategies in addressing the HIV and AIDS situation:

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

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

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

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

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

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

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

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

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

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

ARTICLE II

INFORMATION. EDUCATION AND COMMUNICATION

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

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

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

(a) Safer sex practices among the general population, including sexual abstinence-, sexual
fidelity, and consistent, and correct condom use especially among key populations;

(b) Other practices that reduce risk of HIV infection;

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

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

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

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

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

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

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

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

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

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

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

SEC. 17. Education for Filipino Going Abroad. - The State shall ensure that all overseas
Filipino workers and diplomatic, military, trade, and labor officials and personnel to be
assigned overseas shall attend a seminar on the causes. manner of prevention,, and impact
of HIV and A133S, before being granted a certification for overseas assignment: Provided.
That the seminar shall be conducted at no cost to overseas Filipino workers or to the
officials concerned.

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

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

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

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

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

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

SEC. 21. Information on Prophylactics. - Appropriate information shall be attached to. or

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

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

ARTICLE III

PREVENTIVE MEASURES, SAFE PRACTICES AND PROCEDURES

SEC. 23. HIV Prevention Measures. - The PNAC, in coordination with the DOH. LGUs
and other relevant government agencies, private sector, CSOs, faith-based organizations,

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and PLHIVs, shall implement preventive measures, including but not limited, to the
following:

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

(b) Establishment and enforcement of rights-based mechanisms to strongly encourage

newly tested HIV-positive individuals to conduct partner notification and to promote HIV
status, disclosure to partners:

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

facilities:

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

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

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

The enforcement of this section shall not. lead to. or result in the discrimination or
violation of the rights of PLH1V and the service provider implementing the program,
including peer educators and community-based testing providers.

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

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

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

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

(a) Donation of tissue or organ, whether gratuitous or onerous, shall be accepted by a

laboratory or institution only after a sample from the donor has been tested negative for
HIV:

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

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

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

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

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

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

(b) A legacy and a donation are executed in accordance with Sections 8 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 Procedure. -
The DOH shall, in consultation with concerned professional organizations; and hospital
associations, issue guidelines on medical management of PLHIV and protocol on
precautions against HIV transmission during surgical, dental, embalming, body painting,
or tattooing that require the use of needles or similar procedures. The necessary protective
equipment such as gloves, goggles, and gowns shall be prescribed and required, and made
available to all physicians and health care providers, tattoo artiste, and similarly exposed
personnel at all times. The DOH shall likewise issue guidelines on the handling and
disposal of cadavers, body fluids, or wastes of persons known or believed to be HIV-
positive.

ARTICLE IV

SCREENING, TESTING AND COUNSELING

SEC. 29. HIV Testing. - As a policy, the State shall encourage voluntary HIV testing,
written, consent from the person taking the test must he obtained before HIV lasting.

HIV testing shall he made available under the following circumstances:

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

(b) In keeping with the mature minor doctrine as defined in Section 3(bb) of this Act, any
young person aged below fifteen (15) who is pregnant or engaged in high-risk behavior
shall be eligible for HIV-testing and counseling with the assistance of a licensed social
worker or health worker. Consent to voluntary HIV testing shall be obtained from the child
without the need of consent from a parent or guardian: and
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(c) In all other cases not covered by (b) of this section, 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 resting snail be allowed only in the
following instances:

(a) When it is necessary to test a person who is charged 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 also amended by Republic Act No. 8353, otherwise
known as "The Anti-Rape Law of 1997":

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

(c) As a prerequisite in the donation of blood in compliance with the provisions of

Republic Act No. 7170, otherwise known as the "Organ Donation Act of 1991", and
Republic Act No. 7719, otherwise known as the ''National Blood Services Act of 1994".

SEC. 31. Mechanisms and Standards on Routine Provider-Initiated and Client-Initiate

HIV Counseling and Testing. - To implement this section, the DOH shall:

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

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

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

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

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

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

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

Pre-test counseling and post-test counseling shall be done by the HIV and AIDS counselor,
licensed social worker, licensed health service provider, or a DOH-accredited health
service provider: Provided, That for the government HIV testing facilities, pre-test and
post-test counseling shall be provided for free.

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

ARTICLE V

HEALTH AND SUPPORT SERVICES

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

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

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

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

SEC. 37. Corn and Support for Overseas Workers Living with HIV. - The Overseas
Workers Welfare Administration (OWWA), in coordination with the DOH. DSWD, DFA,
CFO, and the Bureau of Quarantine and International Health Surveillance, shall develop a
program to provide a stigma-free comprehensive reintegration, care, and support program,
including economic, social and medical support for overseas workers, regardless of
employment status and stage in the migration process.

SEC. 38. Care and Support for Affected Families, Intimate Partners, Significant Others
and Children of People Living with HIV. - The DSWD, DOH, and LGUs, in consultation
with CSOs and affected families of PLHIV shall develop care and support, programs for
affected families, intimate partners, significant others, and children of PLHIV, which shall
include the following:

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

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

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

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

PLHIV in prisons, rehabilitation centers and other closed-setting institutions shall be

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

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

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

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

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

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

(c) Set a reference price for HIV services in government hospitals:

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

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

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

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

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

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

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

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

ARTICLE VI
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CONFIDENTIALITY

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

(a) Disclosure of Confidential HIV and AIDS Information. - Unless otherwise provided in
Section 15 of this Act, it shall be unlawful to disclose, without written consent,
information that a person has AIDS, has undergone HIV-related test has HIV infection or
HIV-related illnesses or has been exposed to HIV.

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

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

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

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

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

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

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

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

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

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

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

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

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

ARTICLE VII

DISCRIMINATORY ACTS AND PRACTICES AND CORRESPONDING PENALTIES

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

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(a) Discrimination in the Workplace. - The rejection of job application, termination of

employment, or other discriminatory policies in hiring, provision of employment and other
related benefits, promotion or assignment of an individual solely or partially on the basis
of actual, perceived, or suspected HIV status:

(b) Discrimination in Learning Institutions. - Refusal of admission, expulsion,

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

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

(d) Restrictions on Shelter. - Restrictions on housing or lodging, whether permanent or

temporary, solely or partially on the basis of actual, perceived, or suspected HIV status:

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

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

(g) Discrimination in Hospitals and Health Institutions. - Denial of health services, or

being charged with a higher fee, on the basis of actual, perceived, or suspected HIV status
is a discriminatory act and is prohibited;

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

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

(j) Other similar or analogous discriminatory acts.

SEC. 50. Penalties. -

(a) Any person who commits the prohibited act under Section 22 of this Act on
misinformation on HIV and AIDS shall, upon conviction, suffer the penalty of
imprisonment ranging from one (l) year but not more than ten (10) years, a fine of not less
than fifty thousand pesos (P50.000.00), but not more than Five hundred thousand pesos
(P500.000.00) or both, at the discretion of the court: Provided,That if the offender is a
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manufacturer, importer or distributor of any drugs, devices, agents, and other health
products, the penalty of at least five (5) years imprisonment, but not more than ten (10)
years, and a fine of at least Five hundred thousand pesos (P500.000.00) but not more than
Five million pesos (P5,000,000.00) shall be imposed: Provided, further,That drugs,
devices, agents, and other health products found in violation of Section 21 of this Act may
be seized and held in custody when the FDA Director-General has reasonable cause to
believe facts found by him/her or an authorized officer or employee of the FDA that such
health products may cause injury or prejudice to the consuming public:

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

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

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

(d) Any person who violates Section 41 of this Act on the protection of HIV educators,
licensed-social workers, health workers., and other HIV and AIDS service providers from
harassment shall, upon conviction, suffer the penalty of imprisonment of six (6) months to
five (5) years, and a fine of not less than One hundred thousand pesos (P 100,000.00) but
not more than Five hundred thousand pesos (P500,000.00): Provided, That if the person
who violates this provision is a law enforcement agent or a public official, administrative
sanctions may be imposed in addition to imprisonment and/or fine, at the discretion of the
court;

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

(f) Any person who violates the provisions of Section 44 of this Act on confidentiality
shall upon conviction, suffer the following penalties:

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(1) Six (6) months to two (2) years of imprisonment for any person who breaches
confidentiality, and/or a fine of not less than Fifty thousand pesos (P50,000.00) but not
more than One hundred fifty thousand pesos (P150,000.00), at the discretion of the court:

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

(3) Five (5) years and one (1) day to seven (7) years of imprisonment for any health
professional, medical instructor, worker, employer, recruitment agency, insurance
company, data encoder, and other custodian of any medical record, file, data, or test result
who breaches confidentiality, and/or a fine of not less than Three hundred fifty thousand
pesoa (P350,000.00) but not more than Five hundred thousand pesos (P500,000.00) at the
discretion of the court.

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

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

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

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

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

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

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

ARTICLE VIII

FINAL PROVISIONS

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

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

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

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

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

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

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

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

All decrees, executive orders, proclamations, and administrative regulations or parts

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

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

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

Approved,

(SGD.) GLORIA MACAPAGAL-ARROYO

(SGD.) VICENTE C. SOTTO III
Speaker of the House of Representatives
President of the Senate

This Act which is a consolidation of Senate Bill No. 1390 and House Bill No. 6617 was
passed by the Senate and the House of Representatives on October 10, 2018.

(SGD.) DANTE ROBERTO P. MALING

(SGD.) MYRA MARIE D. VILLARICA
Acting Secretary General House of
Secretary of the Senate
Representatives

Approved: DEC 20 2018

(SGD.) RODRIGO ROA DUTERTE

President of the Philippines

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