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LAW on

Atty. Vir Celito Raymundo
Law Professor

Philippines Says No To Organ Trafficking

Bihag, Bryce T.
MANILA, Philippines.

Six years after
it enacted the law against human organ trafficking, the Philippines can
now enforce it after the Inter-Agency Council Against Trafficking (Iacat) finalized the
implementing rules and regulations.

The ban on trafficking of persons for the purpose of removal or sale of organs is contained in Section 3(a)
of Republic Act 9208 or the Anti-Trafficking in Persons Act of 2003. However, the particular section of
the law has not been fully implemented due to lack of implementing rules and regulations (IRR).
The IRR was formulated by a technical working group chaired by the Department of Justice and
composed of Department of Health, Department of Social Welfare and Development, Philippine Society of
Nephrology, National Kidney and Transplant Institute, Philippine Society of Transplant Surgeons,
Philippine Urological Association, National Transplant Ethics Committee, and Kidney Foundation of the

2009. and housing expenses are allowed to be reimbursed. It also needs to be licit or lawful. Illicit .” it said. “The donation is to be made without any valuable consideration given by the recipient to the donor. “An individual may become an organ recipient of a living related voluntary donor or living non-related voluntary donor for the purpose of therapy. The thing or the object of the contract of sale must be determinate or capable of being determinate. However. “With the IRR already in place and enforceable. The thing must be licit and the vendor must have a right to transfer the ownership thereof at the time it is delivered. it should not be contrary to law. Article 1459 of the Philippine Civil Code requires that the object of the contract of sale must be licit or lawful. a foreigner is prohibited from receiving organs from living non-related Filipino donors.” it added. the duty and power of government to prosecute unscrupulous middlemen and other individuals who take advantage of the poor has gained more teeth. In case of a living non-related voluntary donor. that is. reasonable expenses related to the organ donation such as medical and hospital bills. Justice Undersecretary Ricardo Blancaflor said violators face up to 20 years imprisonment and a fine between P1 million and P2 million. Failure to do so shall be a basis for administrative sanctions. good customs. Third. life and medical insurance.It took effect June 21. The IRR requires all hospital administrators to submit to the DoH a monthly report on the transplantation performed. and public policy. First Posted 15:26:00 06/24/2009 URL: goo. Blancaflor said. lost wages incurred by the donor. 1459. The IRR also highlights the responsibility of the DoH to develop a comprehensive program for long-term monitoring of donors and for further care of donors who may have developed any medical problems after donation.” he said. public order. But he said that transplantation of human organs for medical purposes remains unhampered. He said this will prevent rich foreigners from exploiting poor Filipinos. Relate the researched article to Law on Sales: Art. a showing has to be made that all other members of the immediate family of the recipient have been eliminated as potential donors. The object of the contract must be within the commerce of men. By Tetch Torres INQUIRER. However. The IRR provides that anyone at least 18 years may donate organs by giving his written consent. which means that it is legal and its ownership is transferable. it should not be impossible.

The ban on trafficking of persons for the purpose of removal or sale of organs is contained in Section 3(a) of Republic Act 9208 or the AntiTrafficking in Persons Act of 2003. With reference to the article. The preceding article on human trafficking refers to illicit per accidens because the law declares organ trafficking as illegal. . the sale of human organs is illicit. it cannot be an object of a contract. According to the law. In this case. there is no valid contract of sale. object and the cause. therefore it is not a valid object. Any action against to this provision is considered illegal.things are therefore things that are unlawful or illegal. the object is absent. Since the sale of organ is judged as illicit. lack of one of the three requisites of a valid object does not signify a valid object to a contract. therefore. The thing may be illicit per se (of its nature) or per accidens (because of some provisions of law declaring it illegal). Any contract stipulating the sale of human organs is null and void because it does constitute a valid object. Absence of object does not create a valid contract of sale since it lacks of one of the essential requisites of the contract of sale namely: consent.