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7!leparttnent of QEbucation

MAY 3 1 2012
DepEd ORDE R
No. 45, s. 2012

IMPLEMENTING THE DEPARTMENT OF EDUCATION'S HUMAN IMMUNE

DEFICIENCY VIRUS (HIV) AND ACQUIRED IMMUNODEFICIENCY SYNDROME
(AIDS) PREVENTION AND CONTROL POLICY
AND PROGRAM IN THE WORKPLACE

To: Undersecretaries
Assistant Secretaries
Bureau Directors
Regional Directors
Directors of Services/ Centers and Heads of Units
Schools Division / City Superintendents
Heads, Public and Private Elementary and Secondary Schools

1. For the information and guidance of all concerned, enclosed is a copy of the
Guidelines on the Department of Education's Human Immune Deficiency
Virus (HIV) and Acquired Immunodeficiency Syndrome (AIDS) Prevention and
Control Policy and Program in the Workplace in compliance with the enclosed
Republic Act (RA) No. 8504, also known as the "Philippine AIDS Preven tion and
Control Act of 1998" and the Civil Service Commission (CSC) Annou ncement No.
2 1, s. 2010 entitled "Guidelines in the Implementation of Workplace Policy and
Education Program on HIV and AIDS" which is self-explanatory.

2. Immediate dissemination of and strict compliance with this Order 1s

directed.

BR. ARM. ISTRO FSC

Secretary

Ends.:
As stated
Reference:
N on e
To be indicated in the Perpetual
Index under the following
subjects:

HEALTH EDUCATION PROGRAMS POLICY

R.M CR / D0-1-l!V
and AIIJS 1270/ May 16,
2012
DepEd Complex, Mern lco Aven ue, Pasig City 1600 lJ 633-7208/ 6337228/ 632-1361 .636-4876/ 637-()209 4! www.dcpcd.gov.ph
' '
(Enclosure No. 1 to DepEd Order No. 45, s. 2012)

Department Of Education Guidelines For The HIV And AIDS Prevention And
Control Policy And Program In The Workplace

WHEREAS, Republic Act (R.A ) 8504, also known as "The Philippine

AIDS Prevention and Control Act of 1998," was signed into law by the President
of the Republic of the Philippines on 13 February 1998 and its Implementing
Rules and Regulations (!RR) were adopted a year later,

'NHEREAS, the Civil Service Commission issued Announcement No. 21,

s. 2010 titled "Guidelines in the Implementation of Workplace Policy and
Education Program on HIV and AIDS" in all government agencies,

BE IT RESOLVED AS IT IS HEREBY RESOLVED, that the following

Guidelines for the Implementation of HIV and AIDS Prevention and Control
Policy and Program in the Workplace in the Department of Education (DepEd)
are issued.

1. COVERAGE
1.1. These Guidelines shall apply to all units and personnel of the Department
of Education.

2. FORMULATION OF POLICY AND PROGRAM

2.1. The Department's Policy and Program on Human Immune Deficiency

Virus (HIV) and Acquired Immunodeficiency Syndrome (AIDS)
Prevention and Control shall be in accordance with RA No. 8504 and
its Implementing Rules and Regulations.

2.2. The Department's HIV and A IDS Prevention and Control Policy and
Program shall be integrated in the DepEd employee health program.

2.3. There shall be collaborative efforts from management and employees in

the implementation of the HIV and A IDS policy and program.

2.4. The HIV and AIDS Prevention and Control Policy and Program may be
included in the provisions of the Collective Bargaining Agreements with
existing DepEd employees' associations/unions.

2.5. The Philippine National AIDS Council (PNAC) and its Secretariat shall
provide technical assistance in the formulation and implementation of the
Department's HIV and A IDS Prevention and Control Policy and Program.
3. COMPONENTS OF THE HIV AND AIDS PREVENTION AND CONTROL
POLICY AND PROGRAM

The policy and program shall include, among others, the following:

3. 1. Advocacy, Information, Education and Training

3. 1.1. All Department personnel shall be provided with a standardized

basic information and education on STI, HIV and AIDS.

3. 1.2. The Health and Nutrition Center (HNC ) shall take the lead in
undertaking information and education activities on the
following major topics, among others:

3.1.2. 1. Basic information and statistics on STI, HIV

and AIDS
3.1.2.2. Modes of HIV transmission (recognition of risky
behavior and self-assessment)
3. 1.2.3. Prevention and control of STI and HIV infection (.e.g.
responsible sexual behavior and harm reduction
measures)
3 1.24. Gender, Sex and Sexuality
3.1.2.5. Information on
3. 1.2. 6. confidentiality
Promotion of non-discrimination and non-stigmatizing
attitude toward people living with and affected by STI,
3. 1.2.7. HIV and AIDS
Voluntary counseling and testing (VCT) and provider
3. 1.2.8. initiated confidential counseling and testing (PICCT)
R.A. No. 8504 and its IRR. with emphasis on the
provisions pertaining to government personnel and
the workplace and the role of government agencies,
specifically the DepEd. in the STI. HIV and AIDS
program

3. 1.3. The workplace education package on STi. HiV and AIDS shaii
be based on the information, education. and communication
(IEC) and reference materials developed and/or endorsed by
the PNAC Education Committee, and shall be used to intensify
the information and education drive on HIV and AIDS within the
Department. The modu!e may be revised to suit the
Department's needs.

3. 1.4. The HNC. with technical assistance from the Philippine National
AIDS CounciL shall be responsible for providing specialized
training on STI, HIV and AIDS to employees of the Central
Office and the regional and division offices of the Department
 nationwide. The training shall include information on a referral
mechanism that shall be developed to assist any DepEd
employee living with HIV and AIDS.
3. 1 5. All program implementers (e.g. health personnel, training
officers, educators, trainers, personnel or human resource
officers, administrative officers, etc.) shall continuously receive
education and training on STI, HIV and AIDS.

3. 2. Social Policy

The HIV and AIDS Prevention and Control Policy and Program shall
include:

3.2. 1. Non-discriminatory Policy and Practices

3.2. 1. 1. The Department shall not use the HIV status - be it
actual, perceived, or suspected - of an applicant or
a DepEd employee as a basis for hiring, promotion,
or assignment.
3.2. 1.2. The Department shall not use an employee's actual,
perceived or suspected HIV status as the basis for
termination from work.

3.2.2. Confidentiality

Unless otherwise provided by law, the DepEd policy on the

confidentiality of the HIV status of individuals shall strictly comply with
the provisions of Sections 18 and 30 of RA. No. 8504, as follows:

Section 18. Anonymous HI V Testing. The State shall provide a

mechanism for anonymous HIV testing and shall guarantee
anonymity and medical confidentiality in the conduct of such
tests.

Section 30. Medical Confidentiality All health professionals,

medical instructors, workers, employers, recruitment agencies,
insurance companies. data encoders, and other custodians of
any medical record, file, data, or test results are directed to
strictly observe confidentiality in the handling of all medical
information. particularly the identity and status of persons with
HIV.

3.2.3 Work Accommodations and Arrangements

The Department shall adopt reasonable work accommodation

measures to support its personnel with HIV and AIDS through flexible
 4

leave arrangements. rescheduling of working time, and arrangements

for return to work.

3.3. Diagnosis, Treatment and Referral for other services

3.3. 1. The Department shall provide access to preventive, diagnostic,
and treatment services for HIV and AIDS to minimize the risk of
HIV infection through a referral mechanism for personnel to
access the services of the nearest social hygiene clinics, and/or
private and government health ser.,,,ice providers, and positive
community/HIV support groups.

3.3.2. Voluntary Counseling and Testing (VCT) and Provider-Initiated

Confidential Counseling and Testing (PICCT) for HIV
3.3.2. 1. Compulsory HIV testing as a precondition to
employment, and/or provision of any kind of service,
is unlawful.
3.3.2.1.1. The Department shall encourage positive
health-seeking behavior which shall
include VCT, PICCT, and ieading a
healthy lifestyle.
3.3.2. 1.2. The Department shall adopt the referral
procedure for people living with HIV as
prescribed by the Department of Social
Welfare and Development and the
Department of Health (DSWD-DOH).

4. ROLES AND RESPONSIBILITIES

4. 1. Department Responsibilities
4. 1.1. The Department shall implement, monitor, evaluate. and fund
its HIV and AIDS Prevention and Control Policy and Program.
4.12. The Department shall address all aspects of the implementation
of HIV and AIDS prevention and control in its own policy and
program for halting the spread of the disease.
4.1.3. The Department shall ensure that its policy and program on HIV
and AIDS is made known to all its personnel.
4.1.4. The Department shall ensure that its HIV and AIDS policy and
program adheres to existing laws and official guidelines,
including the provision of leaves. benefits. and insurance.
4. 1.5. The Department shall observe and maintain utmost
confidentiality of all information and records pertaining to the
HIV and AIDS status of its personnel, in accordance with
pertinent provisions under R.A. No. 8504.
4. 1.6. The Department shall not require disclosure of the HIV and
A iOS status of its personnei.
 4. 1.7. The Department shall ensure non-discriminatory practices and
non-stigmatizing attitudes toward HIV-positive individuals in the
workplace.
4 1 8 The Department shall continue to improve its HIV and AIDS
program by networking with the Philippine National AIDS
Council, other government offices, health care providers, and
civil society organizations promoting STI, HIV and AIDS
prevention, care, support, treatment, and control.

4.2. Responsibilities of DepEd Personnel

Every DepEd personnel are to abide by and support the Department's

Policy and Program on HIV and AIDS.

4.2 1. DepEd personnel shall not practice discriminatory acts against

their co-workers who may have actual, perceived, or suspected
HIV infection.
4.2.2. DepEd personnel shall, at all times, respect the right to privacy
of persons who may have actual, perceived. or suspected HIV
infection.
4.2. 3. DepEd personnel living with HIV and A IDS may be encouraged
to inform management and/or their health care provider, such as
a Department physician, of their HIV and AIDS status if their
work activities heighten the risk of their colleagues' for HIV
infection and transmission or put the HIV-positive personnel at
risk for aggravation.
4. 2.4. DepEd personnel are enjoined to share correct information on
prevention and control of STI. HIV and AIDS with their
respective families and communities.

5. IMPLEMENTATION AND MONITORING

5. 1 Employee Information, Education And Advocacy

5. 1.1. The Department shall integrate basic information on STI, HIV

and AIDS and their prevention and control in the orientation
activities/programs for newly hired DepEd personnel.
5. 1.2. The Department shall ensure continuous information and
education on STI, HIV and AIDS and promote active
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 6

5.2 MONITORING

5.2.1 The Undersecretary for Legal and Legislative Affairs, as the

representative of the Department in the Philippine National
AIDS Council shall monitor implementation of the HIV and AIDS
Policy and Program.

5.2.2 An annual report on the status of the implementation of the

Department's Policy and Program on HIV and AIDS shall be
submitted by the Department through the HNC to the Civil
Service Commission, with a copy furnished to the PNAC
Secretariat Monitoring and Evaluation (M&E) Unit, no later than
January 15 of the following year.

6. FUNDING

6.1 Funding for HIV and AIDS programs may be sourced from the
Gender and Development (GAD) budget, pursuant to CSC
Announcement No. 21, s. 2010, which considers HiV and AIDS
awareness a gender concern in economic and social
development programs. Programs/ activities/ projects for the
aforementioned purpose to be sourced from GAD budgets shall
be included in GAD's respective Annual Plan and Budget of the
Department following the guidelines provided in the DBM,
NEDA, and NCRFW Joint Circular No. 2004-1 dated 5 April
2004 and the Implementing Rules and Regulations of the
Magna Carta of Women (MCW).

6.2 Programs, activities and projects to be undertaken by the HNC

for the implementation of the DepEd HIV and AIDS Prevention
and Control Policy and Program will be funded from the budget
allocated to the School-Based HIV and .AIDS Education
Program

7. VIOLATIONS

Policy and Program violations shall be subject to the pertinent provisions of

RA No. 8504.

8. EFFECTIVITY

These guidelines shall take effect immediately.

(Enclosure No. 2 to
DepEd Order No. 45,
s. 2012)
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 ORGANIZATIONAL STRUCTURE
PHILIPPINE NATIONAL AI DS COUNCI L

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Republic of the Philippines ij r .
SANlAZAROC\JvllW . ··;· . ..·.'. ST! I HIV PREVENTION SITES & BLOOD SAFETY SITES
Department of Health Rl7.ALAV8'1UE,S-fA C'RllZ.
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MANllA.PI IILllTINF5
OFFlCEOFUIESECRETARY Tel.No.s.:711-9502:711-9503
FaxNo.:743-1829

rfiiu\

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FOREWORD STI I/ HIV BLOOD SAFETY SITES

PREVENTION SITES
With the passage of Republic Act 8504 otherwise known as the • Mariano Marcos Medical Center,
Philippine AIDS Prevention and Control Act of 1998, the country's res Laoag, !locos Norte Laoag, !locos Norte
ponse to HIV/AIDS is now strengthened and concretized via the wide Tuguegarao, Cagayan • !locos Training & Regional Medical Center,
spectrum of provisions comprehensively contained in this law. This Santiago, Isabela San Fernando, La Union
law also attempts to address major concerns involving various issues Angeles, Pampanga
• City Health Office - Bauang, La Union
on human rights vis-a-vis public health and safety.
• PNRC Baguio City Chapter, Baguio City
City of Manila • Cagayan Valley Medical Center,
Quezon City Tuguegarao, Cagayan
RA 8504 gains popular recognition as an international "best Pasay City
practice" in the field of HIV/AIDS. But the real test certainly lies on
• PNRC Santiago City Chapter, Santiago City
how the law will be effectively implemented that will spur the best res
Caloocan City • Dr. Jose B. Lingad Mero. General
Puerto Princesa City Hospital, San Fernando, Pampanga
ponse to the epidemic. Given this challenge, the Philippine National
Puerto Galera, • Angeles University Foundation Medical
AIDS Council has promulgated the Implementing Rules and Regula
Oriental Mindoro Center, Angeles City
tions (IRR) that serves as the legal framework for the
Iloilo City • Philippine Blood Center Quezon Ave.,
operationalization of RA 8504 and as guide to instituting appropriate
Cebu City Quezon City
actions against HIV/ AIDS. With the IRR now in place, a bigger
• Batangas Regional Hospital, Batangas City
challenge awaits everyone in transforming the various provisions Zamboanga City
• Oriental Mindoro Provincial Hospital,
stated in the law into concrete positive actions. Davao City Calapan City
General Santos City • PNRC Palawan Chapter, Palawan
Sincere appreciation goes to all stakeholders, allies and friends Butuan City • BicoJ Regional Blood Center, Legaspi City
who have worked with diligence and thoroughness and have made an • Western Visayas Regional Blood Center,
important contribution to ensuring that the IRR are comprehensive and Iloilo City
faithful to the law. • Corazon Locsin Medical Center,
Bacolod City
• Region VII Blood Center, Cebu City
• Eastern Visayas Medical Center,
DEZ JR., MD Tacloban City
Secret;{ry of Heittfi and Chair • PNRC Zamboanga Chapter, Zamboanga City
Philippine National AIDS Council • Mindanao Regional Blood Center,
Cagayan De Oro City
• Davao Blood Center, Davao City
• PNRC General Santos Chapter,
General Santos City
• Cotabato Regional Medical Center, Cotabato City
• Caraga Regional Hospital, Surigao City
NATIONAL PARTNER AGENCIES REPUBLIC ACT NO. 8504

S_No.1818
H. No.
10510
National AIDS/STD Prevention and Control Program/DOH
National AIDS Registry FETP/ DOH cpuhlic of tl1c Jl1ilippincs
National Capital Region (NCR)/DOH filnngn'£H3 n f tlp Jl1ilippi n£s
National Health Promotion Services (NHPS/DOH)
J:lf{ctr n an i l u
Occupational Health Nurses Association of the Philippines
(OHNAP)
W c1t±Ir <!I nll FC55
Occupational Safety and Health Center (OSHC)
Office of Public Health Services (OPHS/DOH)
WI1i rt1 hgu la r C55i on
Philippine Australian Community Assistance Program (PACAP)
Philippine Business for Social Progress
Philippine Charity Sweepstakes Office (PCSO) Begu n and hel d i n M etro M an i l a, on Mond ay t h e twenty-ei ght d ay of
Philippine Federation for Natural Family Planning J u l y, n i netee n h u n d red a nd n i nety-seven .
Philippine Information Agency (PIA)
Philippine National AIDS Council (PNAC) •
Philippine NGO Support Program
Philippine Tuberculosis Society, Inc. (PTSI) [ REPUBLIC ACT No. 8504 ]
Pinoy Plus Association, Inc.
Population Commission(POPCOM) Region VII AN ACT PROM U LGATI N G POLI C I ES AN D PR ESCR IBIN G M EASU R
Positive Action Foundation Phil., Inc. (PAFPI) ES FOR TH E P R EV EN TION AN D CON TRO L OF H I V/A IDS I N TH
Quezon City Task Force on AIDS (QCTFA) E P H I LI P P I N E S , I N ST I TU T I N G A N A T I ON W I D E H I V I
Regional Health Office- DIRFO 4 A IDS I N FOR M ATI ON AN D EDUC ATI ON A L P ROG RA M, ESTA
Research Institute for Tropical Medicine (RITM) BLISH I N G A CO M P R E H EN S I V E !!I V / A I DS M ON ITO R I N G
Samaritana Foundation, Inc. SY ST EM , STR EN GTI I EN I NG TH E P l I I LI P P J N E N ATI ON A L
Sanggunian Kabataan Tondo Chapter Manila A I DS COUN CIL, AN D FOR OTH ER PU R POS ES
San Lazaro Hospital
Sentrong Sigla Movement (SSM/DOH) Be it enact ed by the Sen(l fe uncl House of Repre sentatives of the
Philippines in Congress crs.1 e111b!ecl.
STD/ AIDS Central Cooperative Laboratory (SACCL)
Technical Working Group (PNAC-TWG)
SECTION 1. Title - Th i s act sha l l be k now n as t he ''Ph i l i p pi ne A IDS
The InTouch Foundation
Preventi on and Cont rol Act of 1 998."
The Library Foundation, Inc. (TLF)
Trade Union Congress of the Philippines (TUCP) SEC. 2. Declaration of Policies - A cq u i red I m m u ne Def i c i en cy
TriDEv Specialists Foundation Inc. Synd rome ( A I DS) i s a d i sease t ha t recogn i zes 110 ter r i tor i al , soci a l ,
Tutuban Properties, Inc./Tutuban Center pol i t i ca l and econom ic bou n d ar ies for wh i c h t here i s no k now n cu re.
VSO-Bahaginan Foundation, Inc. The grav i ty of the A I DS t h rea t clem ancl s stron g State a ct i on tod ay, t h
Women's Health Care Foundation, Inc. (WHCF) us:
Women's Crisis Center (WCC)
 REPUBLIC ACT NO. 8504 NATIONAL PARTNER AGENCIES

(a ) The state sh a l l prom ote p u bl i c ;i w;i reness a bou t t h e ca uses, mod es ;11-c d e f i ned a s fol l ows:
of t ra nsrn iss i on, conseq uences. m e;i n s o f prcvcn t i on ,rn d con t ro l of H I V/ A I DS
t h ro u gh a com prehen siv e n at ion w i d e cd u c;i t i on a l ;i n d i n form at i on c;im pa
i gn orga n i zed ;i n d con d ucted by t he St a t e. Such ca m pa i gn s sh a l l prom ot e va l u
e form;it i on an d em p l oy sc i en t i f ica l l y prove n a p p rn,1ches, focu s on t he
fa111 i l y as a bas i c soci al u n i t. an d be car r i ed ou t i n a l l schoo l s a n d t ra i n i n
g cen t ers. wor k p l aces, and com m u n i ties. Th is progra m shc1 I I i n vol ve affected i
n d i v i d u a ls a nd gro u ps. i ncl u d i n g peop l e l i v i n g w i t h H I V / A IDS

(b) The State sh a 1 1 exten d to every person su spected or k n own to be

i n fect ed v,i t h H I V /A I DS fu l l prot ect i on o r h i s/her h u m a n r i ghts a n d c i v i l
l i ber t i es. Towa rd s t h i s en d.

( I ) com p u l sory H I V test i n g sha l l be con s i d c, ed u n l a w fu l u1il ess ot h

er- w i se prov i d ed i n t h i s A ct;

( 2) t h e r i gh t t o p ri vacy of i n d i v i d u a l s w i t h H I V sh a l l be gu a r;i n
tccd ;

(J ) cl i scr i m i n;i l i o n , i n a l l i ls for m s a n d s u bt l et i es. ;1ga i n st i n d i v i d

u a l s w i t h H I V or persons percei ved or sus pect ed of ha v i n g H I V slrn l l be con si
d ered i11 i111 i ca l to i n d i v i d u;il a n d n a t i ona l i n terest; a n d

(4) prov i sion of bas i c hea l t h a n d soci a l ser v i ces for i n d i v i d u a l s w i

t h H I V sh a l l be assu red .

(c) The State: sha l l prom ot e u t111 cist sa l'ct y il ll(l u n i versa l preca u t i o n s i
n pra ct i ces ;rn cl proced u res t h a t ca r ry t he r i sk of H I V t ra nsm i ssi on .

( cl ) ·1 he Sta te s h a l l pos i t i ve l y a d d ress , n d see k t o era d i cate con d i t

i o n s t h a t a ggr;i vatc t he sp rc;i cl o f H I V i n kct i rn1. i nc l u d i n g b u t not l i
m i ted t o, pover t y, gen d er i neq u a l i t y, prost i t u t i on . 111 a rgi11 ,1 l i za t i o n , d
ru g ab u se ,i n d 1 g11 ora11cc

( e) The State sh a l l rccog n i z:e t he pot cn t 1 ;1 I rn l e o f a ffect e d 111d i v i d u a l s

i n p ro pa g;1t i11 g v i t;1 I i n l o r111 a t i on ;rn cl ed u c a t i on a l 111 essa ges a bo u t H I V
/A I DS
,lll d sh a l l u t i l i ze t he i r ex per i en ce t o w,ir n t h e p u bl i c a bou t t he d i se;i se.

SEC. 3. Def inition of Terms - A s u sed i 11 t li i s 1\c L t he l'ol l u w i11 g te r

ms
 NATIONAL PARTNER AGENCIES

ACHIEVE Inc.
AIDS Society of the Philippines (ASP)
Baguio Center for Young Adults, Inc. (BCYA) BPI
Foundation, Inc.
Bidlisin Foundation
Bureau of Research and Laboratories (BRL) Caritas
Manila
Catholic Relief Services (CRS)
Center for the Promotion, Advocacy and Protection of the
Rights of the Child
Crisis Line/ Drug Line
Department of Education (DepEd) Department of
Health/ Central Office
Department of Labor and Employment (DOLE) Department of
Social Works and Development (DSWD) Diversity@gpinoy.ph
Engender Health Philippines
Foundation for Adolescent Development (FAD) Health
Action Information Network (HAIN) HIV/AIDS
Network Philippines, Inc (HAN) Institute of Maternal
and Child Health (IMCH)
Iwag Dabaw, Inc. Japan
Embassy
Junior Chamber of the Philippines (Jaycees), Inc.
Kaagapay Support Group for PLWHAs Kababaihan ng
Maynila
Kababaihan Laban sa Karahasan (Kalakasan)
Kaibigan Foundation
Kilusang Mayo 28 Movement
Komisyon sa Wikang Filipino Levi
Strauss Philippines Linok Filipino
Local Barangay Officials Tondo Manila
Manila Health Department and VD Control Center Musco
Pambata f oundation, Inc.
Names Project Philippines, Inc.
 HIV/AIDS TREATMENT HUBS REPUBLIC ACT NO. 8504

(a) "Acq u i red I m m u ne Deficiency Synd rome ( A I DS)" - a con d i ti on

H characterized by a com bi nation of signs a n d sym ptoms, caused by HI V con
tracted from another person an d wh i ch a ttacks an d wea ken s t he bod y's
VISA£4S imm u ne system , maki ng the affl icted i n d i v i d ua l suscept i bl e to other l ife
threaten i n g infecti ons.

(b) "Anonym ous Testi n g'' - refers to an H I V test i n g proced u re where by

Western Visayas Medical Center
Iloilo City
Corazon Locsin Montelibano
Memorial Medical Center
Bacolod City
Vicente Sotto Memorial Medical Center
Cebu City
the i nd ivi dual bei ng tested does 11ot reveal h is/her true i d ent i ty. A n ident ify i
+6333 321- n g n u m ber or sym bol is used to su bsti tute for t he na me a nd a llows the l
1797 aboratory cond ucti ng the test and the person on whom t he t est is con d u cted
+6333 321-2841 lo m a tch the test resu lts wi th the ident ify i n g n u m ber or sym bol.
(c) "Com pu lsory H I V Testi n g" - refers to H I V testi n g i m posed u po n a
+6334 433-6-97 person attend ed or ch a racteri zed by t he l ack of or v i t i ated consent, u se of
ph ysi cal force, i nti m i d ation or a n y form of com pu I sion .
+6332 253-9882
(d) "Contact traci n g" - refers to t he m et hod or f i n d i n g a n d cou nsel i ng
the sexual partner(s) of a person who has been d i a gnosed as ha v i n g sex u a ll
y transm itted d isease.

MINDANAO
(e) "Hu man I m m u nodeficiency V i rus ( H I V )" - refers to the v i rus wh i
ch causes A I DS.

Zamboanga Medical Center (f) "HIV/AIDS Mon i tori ng" - refers to the docu mentat i on a n d ana l ysi s
Zamboanga City of the n u m ber of HI V/AI DS i nfect i ons and t he pattern of i ts spread .
+6362 991-29-
34
Davao Medical Center +6362 991-65- (g) "Hf V,A I DS Prevent i on an d Control" - refers to measures a i m ed a t
Davao City 73 protect i n g non-i n fected persons from cont ra ct i n g H I V a n d 111 i n i 111 i zi n g t he
i m pact of the cond i ti on of persons l i v i ng w ith H I V.

+6382 221-7029
(h) "H I V- posi t i ve" - refers to t he presence of H I V i n f'ect i on as d
ocu mented by the presence of H I V a nt i bod i es i n t h e sa m pl e bei n g
tested.

(i) "H I V-negati ve" - denotes the a bsence of H I V or H I V a nti bod i

es u pon H I V testi n g.

(j) "H I V Testi n g" - refers to an y l a bora tory proced u re- d one on a n
i nd i v id ua l to determ i ne t he presence or a bsence of H I V i nfect i on .
 '

REPUBLIC ACT NO. 8504 HIV/AIDS TREATMENT HUBS

"HIV Tra nsm ission" - refers lo t he l ra nsl'cr of 1·11 V from one i n

fected person to a n u n i nfected i nd ivid ua l , most com mon l y t h rough sexua l i
nter course, blood transfusion, shari ng of i nt ra venous need les a n d d ur i n g HIV/AIDS TREATMENT HUBS
preg nancy.

( I) "High-R isk Behavior"- refers to ii person 's freq uen t i n vol vem en LUZON
t i n certai n act i vi ties wh ich i ncrease t he risk of t ra nsm i tt i n g or ,1cq t1i r i n g
H I V.
Ilocos Training & regional
(111 ) "I nformed Consent" - refers to the vol u n ta ry ,1gree111en t of a person Medical Center
to u n dergo or be subjected to a proced ure based on fu l l i n form a t ion, whet her
San Fernando, La Union +6342 888-5864
such perm ission i s wri tten, con veyed ver ba l l y, or expressed i n d i rectl y.
+6342 242-1143
( n ) "Med ica l Confident ial i ty" - refers lo t he re l <1l i onsh i p of t rust a nd Baguio General Hospital &
confidence created or existi1ig between a Jrnl icnt or a person wi t h H I V a n d Medical Center
h is attend i ng physici an, consu l t i ng med ica l specia l ist n urse med ica l tech Baguio City +6374 443-8342
nologist an d al l other heal th workers or person nel i n vol ved i n an y cou nsel i ng, San Lazaro Hospital
test i n g, or professiona l care of the form er; it a lso a ppl ies to a n y person
Bahay Kalinga, Manila +632 309-9543
who, i n any official capaci ty, has acq u i red or may ha ve a cqu i red or m ay
have acqu i red such confidential i nfor m ation . +632 732-3776 to 78
Philippine General Hospital
(o) "Person wi t h H I V" - refers to <111 i n d i v i d u a l w h ose H I V test Sagip Program, Manila +632 521-8450
i n d icates, d i rectl y or i nd i rectl y, that he/she is i nfected wi th H I V. Research Institute for Tropical
Medicine Alabang +632 809-7599
(p) "Pre-Test Cou nsel I i ng" - refers to t he process of prov i d i ng a n +632 842-2828
i nd i vi dual i nform ation on the biomed ical aspects of H I V IA I DS and +632 842-2445
emotiona I
support to any psychologica l i m pl icat i ons of u n dergoi ng H I V test i n g a n d the
Bicol regional Training & Teaching
test resu l t i tsel f before he/she is subjected to t he test.
Hospital
(q) "Post-Test Cou nsel I i n g" - refers to t he process of prov i d i n g r isk - (t) "Volu nta ry HI V Test i ng" - refers Legaspi City
red uct i on i nform ation and em ot i o1rn l su p port to a person who subm i tted to H I V to H I V test i ng done on a n i nd iv i- d ua l Cagayan Valley Medical
testi n g at the t i m e that the resu lt is rel eased. who, after havi n g u ndergone pre-test cou
Center Tuguegarao City
nsel l i n g, wi l l i n gly su bm its h i m sel f I
(r) "Prophyl act ic" - refers to c111y <1ge11 t or d ev i ce used to preven t the hersel f to such test.
· Jose B. Lingad Memorial
t ransm ission of a d isease.
Medical Center San
Femando City, Pampanga
(s) "Sexu a l l y Transm itted Diseases" - refers to a n y d isease that m ay
be acq u i red or passed on th rough sexua l con tact.
+6352 483-0636

+6378 846-7240
+6378 8443789

+6345 961-3921
+6345 961-3380
 VCT COUNSELORS TRAINED BY GFR6
Adoraida Bondoc
Irma Pagulayan
Kristine Joyce Arce
Christine Mary Bernal
Marie Pierre Parlade
Joan Carlota Ranieses, MD
Madeline DL Ranola, MD
Marine! Caringal
Violeta Reyes
Marivic Gonzales
Dr. Eunice Rina Herrera
Allan Guitapan, MD
Ervylle Aballe
Liliosa Batiancila
Dr. Odetta Villaruel
Razael Portugalete
Jordania Ramiterre, MD
Emely Valencia
Emma Victorino
Aurea Encabo
Dorothy Gundaya
Evagria Crismundo
Ma. Christine Lim
Dr. Milagros Femandez
Mary Jane Francisco
Nidzmar Usman
Nerissa Mercado
Rosario ILO
Ricardo Gacuma
Ferlin Tabios
Susan Gregorio, MD
Sylvestra Freita P. Bautista, MD GFR6 -HIV Project
ARTICLE I: EDUCATION AND INFORMATION
(u) "W i nd ow Period" - refers to t he peri od o f t i me. 11sua l l y l ast
i n g: from two weeks to six (6) mon ths d u ri ng w h i ch ,111 i n rcctcd i nd i v i d
ua l wi l l test "negati ve" u pon H I V test i n g but ca n a ct ua l l y t r;i nsm i t t he i
Batasan SHC, Quezon City
n fect i on .
Project 7 SHC, Quezon City
SHC, Manila
SHC, Manila
SHC, Pasay City A RTIC LE I
SHC, Pasay City
Bicol Regional Blood Center EDUCATION AND INFORMATION
Puerto Galera RHU,
Puerto Galera, SEC. 4. HIV/AIDS Education in Sclzools--T he Department of Ed uca t
Oriental Mindoro ion, Cu lt u re and Sports (DECS), t he Com missi on on H i gher Ed ucation (CH
Puerto Galera RHU, ED), and t he Tech n ica l Ed ucat i on and Ski l ls Development Authority
Puerto Galera, (TESDA), uti l izi ng official i nformation provided by the Department of Health,
Oriental Mindoro shat I i ntegrate i nstructi on on the causes, modes of t ransm issi on and ways
SHC, Puerto Galeria, Oriental of preventi ng H I V IA IDS and other sexually transm itted d iseases i n subjects
Mindoro taught i n pu bl i c and private schools at i nterm ed iate grades, secondary and
Puerto Princesa SHC, Puerto tert i ary l evels, i ncl ud i n g non-for ma l and i nd i genou s l earn ing systems:
Princesa City Provided , That if the in,tegration of HI V I A l DS ed ucat i on is not appropriate or
MHO, Coron, Palawan
feasible, the DECS and TESDA sh l l desi gn special mod u l es on H I V/ A I
SHC, Cebu City
DS prevention and control : Provided.f urther , That i t shal l not be used as an
SHC, Cebu City
excuse to propagate bi rt h control or the sale or d istri bution of birth control devi
SHC, Iloilo City
ces: Provided. finally, That i t does not ut i l i ze sexual l y expl icit materials.
SHC, Iloilo City
SHC, Davao City
SHC, Davao City Flexi bi l i ty i n the informat ion and ad option of appropriate cou rse
SHC, Davao City content, scope, a nd met hodology i n each ed ucationa l l evel or grou p shal l
Butuan CHO, Butuan City be a l l owed after consu l tat i ons wit I Parent-Teachers-Com m u n i ty
Butuan CHO, Butuan City Associations, Pr i vate School Associ at i ons, schools offi ci a ls, a nd other i
SHC, Butuan City nterest grou ps. As such, no i nstruct i on sha l l be offered to m i nors wi tho ut
SHC, Zamboanga City adeq uate pri or consu ltation wi t h pa rents w ho m ust agree to the th rust
SHC, Zamboanga City and content of t he i nstruction materials.
SHC, Zamboanga City
SHC, Zamboanga City A l l teachers and i nstru ctors of said H I V /A I DS cou rses sha l l be req u i
OWWA, Pasay City red to u ndergo a sem i na r or trai n i ng on H I V IA l DS prevent i on and
OWWA, Pasay City control to be su pervised by DECS, CHED and TES DA, i n coord i nation wi th
OWWA, Zamboanga City the Department of Hea l t h ( DOH), before they a re a l lowed to teach on the
TriDev Specialist Foundation, Inc., su bject.
Angeles City
SEC. 5. HIV/AIDS I1(orm_ation as a Health Service - HI V/AIDS ed u
cation and i nformation d issem i nat ion s·hal I form part of the del i very of heal th
PNAC Secretariat serv ices practit ioners, wor kers and person nel. The k now l edge and capabi l
ities of a l l pu bl i c heal th work ers sha ll be en ha nced to i ncl ude sk i l ls for
proper
 REPUBLIC ACT NO. 8504 VCT COUNSELORS TRAINED BY GFR6

inform a t i on d i ssem i n a t i on a n d ed u cat i on on H I V / A I DS. I t sha l l l i k ew i

se be consi d ered a ci v i c d u ty of hea l t h prov i d ers i n t he pr i vate sector t o
m a k e ava i l able to the pu bl ic such i nfor m a t i o n necessa ry to con t rol t he VCT COUNSELORS TRAINED BY GFR6
sprea d of
H I V/ A I DS a n d to correct com m on 111 i sconce pt i o11s 011 H I V rel a ted eth i d uct a n ed u cat i ona l an Sheila Ventura Jeannete Carlos
ca l i ssues such as confid ent i a l i y, i n form ed con sen t a11 cl t h e d u ty to prov i d i nform at i on ca m pa i Almeida Invencion
d e t rea tment. gn on H I V/A IDS. The
prov i nc i a l Juliana Timpug
SEC. 6. HIV/A IDS Education in the Workplace - A l l govern m ent a n d
pr i vate em p l oyees, workers, m a n a gers, a n d su perv i sors, i nc l u d i n g m e m bers Dr. Tyre! Tolentino Eloisa D. Quizon
of the A r m ed forces of the Ph i l i p p i nes ( A F P ) a n d t he Ph i l i p p i ne N at i on a l Cecilia Magallos Asuncion
Pol i ce ( PN P), sha l l he prov i d ed w i t h t h e sta n d a rd i zed ba sic i n form at ion
a n d i nst r ucti on on H I V /A I DS wh i ch sh a l l i n cl u d e to pi cs conf id en t i a l i t Benigna Edna Medalion Dr. Christine
y i n t he work p l a ce a n d att itu d e towa rds i nfected e m p l oyees a n d wor k ers. I Villaroman Anna Liza Milay
11 co 1 1 ;1ho Judith Salazar
Dr. Doreen Labayandoy Marissa Cabrera
rati on with t he Depa rtmen t of Hea lt h ( DO H ) . t h e Secreta ry of t he De pa rt m ent
Alice Martinez Neriza Sales Lorena
of La bor a n d Em ploymen t ( DOLE) sh;il l oversee t he a n t i - H I V I A I DS ca m pa
Papa Jumama Umadhay Mildred
i gn i n a l l pr i va te com pa n i es w h i l e t he A rm ed Forces Ch i ef of Staff a n d
Bilgera Vilma Villamin
t he Di rector Genera I of t he PN P sha 1 1 oversee the i m p l ementat i on of t h i s sect i Francisca Managilod Trinidad Esteban
on . Dr. Josefina Chua Ian Valdepenas

SEC. 7. HIV/AIDS Education for Filipinos Goil1K Abroad - The State Imelda Tamayo, MD
shal I ensu re that al I overseas Fi I i pi no work ers a nd cl i ploma tic, m i I i tary, t
rade, an d l abor offi cial s an d person nel to be ass i gned overseas sh a l l u n dergo Ovieta Castillo Lucielle Ayuyao
or atten d a sem i na r on the cause, prev.en t i on a n d conseq uences of H I V / A I DS Teresita Sigua
before cert i ficat i on for overseas assi gn m ent. The Depart111 en t of La bor a ncl Maria Cheryl P. Tuazon, MD,
Em ployment or the Department of Forei gn Affa i rs, the Depa1iment o f Tou r ism Emita May Cruz Zenaida Calupaz, MD
a n d t he Departm ent of Just ice t h rou gh t h e Bu rea u of I m m i gra t i on, a s the Nerisa Bello
case m ay be, i n col l a borat ion wi t h t he Depa rtm en t of I lea I t h ( DO H ), sh a l l Suzette Encisa, MD
oversee t he i m pl emen tat ion of th is Sect i o n .

SEC. 8. Information Campaignf or Tourists and Transients - I nform a t

i on a l a i d s or m ateria l s on th e ca use, m od es of tra nsm i ssion , preven t i on , a n
d con seq u ences of H I V i n fect i on sh a l l be a d eq u ate l y prov i d ed at a l l i ntern
a t ion a l ports of entry a n cl ex i t. The De pa1tm ent of Tou r i sm , t he De pa rt m ent
of Fore i gn A ffa i rs, t h e De pa r t m e n t of J u st i ce t h ro u gh t h e B u rea u of
I m m i grat ion, i n collabo rat i on w i t h t he Depa rt m ent of H ea l t h ( DOH ), sha
l l oversee the i m p l ementati on of th i s A ct.

SEC. 9. HIV/A IDS Education in Communities - Loca l govern m en t

u n i ts, i n co l l aborat i on wi t h t he Depa rt m en t of Hea l t h ( DO H ), sh a l l co n
Cagayan Valley Medical Center Southern Isabela General Hospital
Mariano Marcos Memorial
Medical Center
Jose B. Lingad Memorial Medical Center
Ospital ng Angeles
Angeles University Foundation, Inc. Diosdado Macapagal Memorial
Medical Center
Jose Reyes Memorial Medical Center Jose Reyes Memorial Medical Center
Jose Reyes Memorial Medical Center Jose Reyes Memorial Medical Center
Jose Reyes Memorial Medical Center San Lazaro Hospital
San Lazaro Hospital San Lazaro Hospital San Lazaro
Hospital
General Santos Hospital Santiago CHO, Santiago City Santiago
CHO, Santiago City SHC, Santiago City
SHC, Santiago City
Tuguegarao CHO, Tuguegarao City

Social Hygiene Clinic, Tuguegarao City

Rural Health Physician, SHC,
Laoag City
Laoag SHC, Laoag City SHC, Angeles City SHC, Angeles
City
City Health Officer, Angeles City Caloocan CHO, Caloocan City SHC,
Caloocan City
SHC, Caloocan City
SHC, Bernardo, Quezon City
TREATMENT HUBS ARTICLE II: SAFE PRACTICES AND PROCEDURES

governor, city or municipal mayor and the Barangay Captain shall

CENTRAL VISAYAS
Vicente Sotto, Sr.Memorial
Medical Center (VSSMC)
B. Rodriguez St., Cebu City 6000
Corazon Locsin Montelibano
Memorial Regional Hospital
(CLMMRH) .
Lacson St., Bacolod City
6100 Negros Occidental
Tel: (034) 435 - 1591
Fax: (034) 433 - 2697
Email: clmmrh@bacolod.net
WESTERN VISAYAS
Western Visayas
Medical Center (WVMC)
Q. Abeto St., Mandurriao 5000 Iloilo City
Tel; (033) 321 -2841 to 50 I 321 - 2802
I
508 - 0388 • Fax: (033) 321 - 1797
coordinate such campaign among concerned government agencies, non-
government organizations and church-based groups.
SEC. 10. Information on Prophylactics - Appropriate information shall
be attached to or provided with every prophylactic offered for sale or given
as a donation. Such information shall be legibly printed in English and
Filipino, and contain literature on the proper use of the prophylactic device
or agent, its efficacy against HIV and STD infection, as well as the
importance of sexual abstinence and mutual fidelity.
SEC. 11. Penalties of Misleading Information - Misinformation on
HIV/AIDS prevention and control through false and misleading advertising
and claims in any of the tri-media or the promotional marketing of drugs,
devices, agents or procedures without prior approval from the Department
of Health and the Bureau of Food and Drugs and the requisite medical and
scientific basis including markings and indications in drugs and devises or
agents, purporting to be a cure or a fail-safe prophylactic for HIV infection
is punishable with a penalty of imprisonment for two (2) months to two (2)
years, without prejudice to the imposition of administrative sanctions such
as fines and suspension or revocation of professional or business license.
ARTICLE II

SOUTHERN MINDANAO SAFE PRACTICES AND PROCEDURES

Zamboanga City Medical Center E-mail: dmcenterOl @yahoo.com
(ZCMC)
Evangelista St.
7000 Zamboanga City
Tel: (062) 991 - 0573 I 991 -
2434
Fax: (062) 991 - 0573

Davao Medical Center (DMC)

J.P. Laurel St., Bajada
8000 Davao City
Tel: (081) 227 -2731
Fax: (081) 221 - 7029
 SEC. 12. Requirement on
the Donation of Blood, Tissue,
or Organ - No laboratory or
institution shall accept a
donation of tissue or organ,
whether such donation is
gratuitous or onerous, unless a
sample from the donor has been
tested negative for HIV. All
donated blood shall also be
subjected to HIV testing and
HIV (+) blood shall be disposed
of properly and immediately. A
second testing may be
demanded as a matter of right
by the blood, tissue, or organ
recipient or his immediate
relatives before transfusion or
transplant, except during
emergency cases: Provided, that
donations of blood, or organ
testing positive for HIV may be
accepted for research purposes
only, and subject to strict
sanitary disposal requirements.

SEC. 13. Guidelines on

Surgical and Similar
Procedures - The Department
of Health (DOH), in
consultation and in
coordination with concerned
professional organizations and
hospital associations, shall
issue
 REPUBLIC ACT NO. 8504 TREATMENT HUBS

gu i del i n es on precau t i ons a ga i n st H I V t ra nsm i ss i on d u r i n g su rg ica l,

den ta l , em ba l m i n g, tattooi n g, or sim i la r p roced ures. The DOi i sh.il l l i k
ewise i ssue on t he hand l i n g an d d i sposi t i on of cadavers, bod y f"l u i ds or NORTHERN LUZON
wastes of persons k nown or bel ieved to be H I V posi t i ve.
ILOCOS TRAINING REGIONAL
The n ecessary protect i ve eq u i pm en t su ch as g-loves, goggl es a n d gown s, MEDICAL CENTER (ITRMC)
sha l l be m ade ava i l abl e to a ll ph ysi ci a n s a n d hea l t h ca re prov id ers a n San Fernando, La Union
d sim i l a rly exposed person nel at a ll t i mes.
Tel: (072) 700 - 1766
Fax: (072) 888 - 3671

SEC. 14. Penalties.for Unsafe Practices and Procedures - A n y person

who k nowi n gl y or n egl i gen t ly ca u ses a n ot her t o get i n fected w i t h I II V i n t he Baguio General Hospital Medical
cou rse of t he practi ce of h i s/her professi on t h rou gh u nsa f'c a n d u nsa n i t a ry Center (BGHMC)
pract i ce or proced u re is l i a bl e lo su ffe r ,1 pcn,1 l t y of i m prison m en t for si x ( BGH - Marcos Highway Rotunda, B.C.
6) years to twel ve ( 1 2) yea rs, w i t h ou t preju d i ce lo t he i m posi t i o n of ad m i n Tel: (072) 442 - 4216 I
is 442 -2012 I 442 - 3765
trat i ve sanct i ons such as, bu t not l i m i ted t o, fi nes ,111d suspensi on or revoca t i Fax: (072) 443 - 8342 lac. 223
on of the l i cense to pract ice h is/her professi on . The per m i t or l i cense of a n
y b usi n ess en t i ty a nd t h e accred ita t i on o f h osp i t a l s, l a bo rn tory,. o r cl i n i
cs m a y be ca ncelled or wi t hd rawn if sa i d cst;i bl is h111 cn ls !'a i l lo 111 a i n ta i n su METRO MANILA
ch sa fe practices a n d proced u res as may be req u i red by t he gu i d e l i n es lo be
form u l ated i n com pl i an ce wi th Section 1 3 of t h is A ct. San Lazaro Hospital (SLH)
Quiricada St.
Sta. Cruz, Manila
A RTIC L E III

TESTI NG, SCREEN ING A N D COU NSE LLI NG Research Institute for Tropical
Medicine (RITM)
SEC. 15. Consent (/.\' (/ R eq1,;site .f i1r II I V Testi11;.: - N o co111 p u I sory Philinvest Corporate City
H I V test i n g sha ll be a llowed . H owever, t he St a le sh a ll encoura ge vol u n t a ry Alabang, Muntinlupa City
test i n g for i nd i v i d u a l s wi th a h i gh r i sk for con t ra ct i n g I II V: Prov i d ed , Fax: (02) 842 -2828
Tha t written i n formed consent m ust fi rst lo obta i ned . Such consent sha ll be
obta i ned from t he person con cern ed i f he/she i s o r l eg.ii a ge or from t he
pa ren ts or l ega l gu a rd i an i n the case of a m i n or or a m en t a ll y i n ca paci t a SOUTHERN LUZON
ted i n d i v i d u a l. La wfu l con sen t to H I V test i n g o r a d on a ted h u m a n bod y,
orga n , t issue, or bl ood sha ll be consi d ered as h v i n g been gi ven w hen : BICOL REGIONAL TRAINING
& TEACHING HOSPITAL
(a ) a person vo"l u n tecrs or rrccl y ;1grccs lo d on;1t c h i s/ h er bl ood , orga Legaspi City, Albay
n, or t i ssu e for t ra n sfu si on, t ra nspl a nta t i on , or research; Tel: (052) 483 - 0016/483 - 0086 I 483 - 0017
Fax: (052) 483 - 0015
( b) a person has execu ted a l egacy i n accord a nce w i t h Sect i on 3 or Email: cohbrtth@globalink.net.ph
Repu bl i c Act No. 7 1 70, a lso k n own ;1s t he "Orga n Donat i on Act of 1 99 1 ;
 IMPLEMENTING RULES AND REGULATIONS ARTICLE Ill: TESTING, SCREENING AND COUNSELLING

RULE l O (c) a don at ion is executed i n accord rn1cc wi t h Sect i on 4 ot l{epu

bl1c Act No. 71 70.
MISCELLANEOUS PROVISIONS
SEC. 16. Prohibitions 011 Compulsory HIV Testing - Com pu lsory HIV testi
Section 62. Rules of Interpretation ng as a precond ition to em pl oyment, ad m ission to educational institutions, t he
exercise of freed om of a bode, entry or con ti n ued stay in the cou ntry, or the
These Implementing Rules and Regulations shall be right to travel , the provision of med ica l serv i ce or any other kind of service of
interpreted in the light of the provisions of the.Constitution of the the cont i n ued enjoyment of sa i d u ndert a k i n gs sha ll be deemed u n lawfu l.
Republic of the Philippines and the declaration of policies under Sec
tion 2 of the Republic Act 8504. SEC. 17. Exception to tlze Prolzihitio11 011 Compulsory Testing -
Com pu lsory H I V test i n g m ay be a llowed on l y i n t he foll ow i ng i nstances:
Section 63. Separability Clause
(a) W hen a person is charged w i t h a n y of the cr i mes pu n ishable u nder
In the event that any part or provision of these Implementing A rt icl es 264 and 266 as a mended by Repu bl i c Act No. 8353, 335 an d 338 of
Rules and Regulations is declared invalid for any reason, the other Repu bl i c Act No. 38 1 5, otherwise k nown as t he "Rev ised Penal Code" or
parts or provisions thereof not affected thereby shall continue to be u nder Repu b l ic Act No.·7659;
in force and effect.
(b) W hen t he d eter m i nat ion of the H I V status is necessa ry to resol ve
Section 64. Repealing Clause
the rel evant i ssues u nd er Exec ut i ve Order N o. 309, otherwise k nown as the
"Fam i l y Code of the Ph i l i p pi nes"; and
All pertinent laws, Presidential Decrees, Executive Orders,
Rules and Regulations which are inconsistent with the provisions of
these Implementing Rules and Regulations are hereby repealed, (c) W hen com p l y i n g w i t h t he prov i s i on s of Repu bl ic Act No. 7 1
amended or modified accordingly. 70, otherwise k nown as the "Organ Dona t i on Act" a n d Repu b l ic Act N o. 77 1 9,
otherw ise k nown as the "Nat iona l B l ood Serv ices Act".

Section 65. Amendments the year of Our Lord, nineteen hundred and ninety-nine.

These Implementing Rules and Regulations may be amended,

modif ied or s upplement ed w hen nec es sar y f or eff ec t iv e
implementation and enforcement of RA 8504.

Section 66. Effectivity

These Implementing Rules and Regulations shall take effec

t fifteen (l 5) days after its submission to the Office of the National
Administrative Register

Section 67.

Approved in the City of Manila, this thir teenth day of April in

 SEC. 18. A11011y111o t1\. ' H I V Testing - Th e St ate s h a ll p rov
i d e a mecha n ism for a non y mou s I I I V test i n g a nd sha l l g u a ra ntee
a non ym ity and med ica l confid ent i a l i ty i n t he cond u ct of such tests.

SEC. 19. Accreditation of" HIV Te\.·ting Centers - A ll test i n g centers,

hospita ls, cl i n ics, and l aboratories offeri n g H I V test i ng serv i ces are
mandated to seek accred itat i on from t he Depa rt ment of Hea l th wh ich sha
ll set an d mai nt ain reasona bl e accred i tat ion sta n d a rd s.

SEC. 20. Pre-test and Post-test Counselling - A ll test i n g

centers, cl i nics, or l aboratories wh ich perform an y II I V test sha ll be req u i
red to prov ide and cond uct free pre-test cou nse ll i ng a nd post-test serv i ces.
H owever, <;uch counsell i ng services m ust be prov ided on l y to persons
who meet the standards set by t he DOH.
 REPUBLIC ACT NO. 8504
SEC. 21. Support for HIV Testing Centers - The Department of Health
shall strategically build and enhace the capabilities for HIV testing of
hospitals, clinics, laboratories, and other testing centers primarily, by
ensuring the training of competent personnel who will provide such services
in said testing sites.
ARTICLE IV
HEALTH AND SUPPORT SERVICES
SEC. 22. Hospital Based Services - Persons with HIV/AIDS shall be
afforded basic health services in all government hospitals, without prejudice
to optimum medical care which may be provided by special AIDS wards and
hospitals.
SEC. 23. Community-Based Services - Local government units, in
coordination and in cooperation with concerned government agencies, non
government organizations, persons with HIVIAIDS and groups most at risk
of HIV infection shall provide community-based HIV IAIDS prevention and
care services.
SEC. 24. Livelihood Programs and Training - Training for livelihood,
self-help cooperative programs shall be made accessible and available to all
persons with HIV/AIDS. Persons infected with HIV/AIDS shall not be
deprived of full participation in any livelihood, self-help and cooperative
programs for reason of their health conditions.
SEC. 25. Control of Sexually Transmitted Diseases - The Department
of Health, in coordination and in cooperation with concerned government
agencies and non-government organizations shall pursue the prevention and
control of sexually transmitted diseases to help contain the spread of HIV
infection.
SEC. 26. Insurance for Persons with HIV - The Secretary of Health,
in cooperation with the Commissioner of the Insurance Commission and
other public and private insurance agencies, shall conduct a study on the
feasibility and viabilitv of setting up a package of insurance benefits and,
should such study warnnt it, implement an insurance coverage for
persons with HIV.
RULE 9: THE PHILIPPINE NATIONAL AIDS COUNCIL
Section 58. Meetings and Quorum
The Council shall hold regular meetings at least once every
quarter. Special meetings may be convened by the Chairperson
outside of the regular meetings as the need arises. The presence of
eleven (11) members shall constitute a quorum. In the absence of
the Chairperson and the Vice-Chairperson, a presiding officer shall
be elected by the majority of the members present.
Section 59. Reports
All PNAC member agencies shall submit to the Council
quarterly progress reports and annual reports of the programs and
projects on the prevention and control of HIV/AIDS of their
respective agencies or organizations. The Council, in turn, shall
consolidate the reports of its member agencies for submission to
the President and to both Houses of Congress on an annual basis.
Section 60. Technical Committee
A Technical Committee shall be formed by PNAC to be com
posed of representatives from the different member agencies of the
Council. This Committee shall facilitate inter- and intra-agency coor
dination ad ·monitoring of HIV/AIDS policies and programs and
support PNAC in its functions.
Section 61 . Creation of Special HIV/AIDS Prevention
& Control Service
There shall be created in the Department of Health a Special
HIV/AIDS Prevention and Control Service (SHAPCS) which shall be
hea ded by a Director and staffed by qualified medical specialists
and support staff with permanent appointments. It shall implement pro
grams on HIV/AIDS prevention and control. In addition it shall also
serve as the Secretariat of the Council.
 IMPLEMENTING RULES AND REGULATIONS ARTICLE IV: HEALTH AND SUPPORT SERVICES

Epidemiological studies - infections reported by AIDSWATCH the Council. The vice-chairperson shall be elected by the Council
and surveillance data; members and shall serve for a term of two (21 years.
b) Socio-behavioral studies - vulnerability of particular popula
tion groups; and
c) Demographic studies - size of population at risk

NGO representatives appointed to PNAC shall be NGOs from the

sectors selected. They shall bring the concerns and issues of the
sector they represent to PNAC. Where this is not possible, NGOs
working with and advocating the concerns and issues of selected
sectors shall be eligible to be NGO members of PNAC, as
representatives of said sectors.

NGO members to PNAC shall meet the following qualifications:

a) At least three years experience of working productively for

the prevention and control of HIV/AIDS;
b) Registered with the Securities and Exchange Commission;
c) HIV/AIDS-related programs and projects are not limited to
one region of the countr y; and
d) Implement programs/projec ts that show potential for natio
nal replicability

The members representing the medical/health professional

groups, non-government organizations and the representative of an
organization of PLWHA shall be appointed initially for a period of
two years. Subsequently, the said positions shall be filled via a
nomination process as follows:

a) Call for nominations of qualified representatives shall be

published by PNAC, allowing a period of one month for the
receipt of the nominations;
b) A Nomination Committee composed of the PNAC Chair, Vice-
Chair and three other PNAC members shall review the
nominations, rank the nominees and submit its recommen
dations to PNAC for action;
c) PNAC shall recommend two (2) nominees per position to
the President.

The Secretar y of Health shall be the permanent chairperson of

The study shall be guided by the principle that access to health
insurance is a part of an individual's right to health and is the
responsibility of the State and of society as a whole.

ARTICLE

MONITORI

NG

SEC. 27. Monitoring Program - A comprehensive HIV/AIDS moni

toring program or "AIDSWATCH" shall be established under the
Department of Health to determine and monitor the magnitude and
progression of HIV infection in the Philippines, and for the purpose of
evaluating the adequacy and efficacy of the countermeasures being
employed.

SEC. 28. Reporting Procedures - All hospitals, clinics, laboratories,

and testings centers for HIV/AIDS shall adopt measures in assuring the
repor ting and confidentiality of any medical record, personal data, file,
including all data which may be accessed from various data banks or
information systems. The Department of Health through its AIDSWATCH
monitoring program shall receive, collate and evaluate all HIV/AIDS
related medical reports. The AIDSWATCH data base shall utilize a coding
system that promotes client anonymity.

SEC. 29. Contact Tracing - HIV/AIDS contact tracing and all other
related health intelligence activities may be pursued by the Department of
Health: Provided, That these do not run counter to the general purpose of
this Act: Provided, further, That any information gathered shall remain
confidential and classified, and can only be used for statistical and
monitoring purposes and not as basis or qualification for any
employment, school attendance, freedom of abode, or travel.

ARTICLE VI

CONFIDENTIALI
TY

SEC. 30. Medical Confidentiality - All health professionals, medical

instructors, workers, employers, recruitment agencies, insurance
companies, data encoders, and other custodians of any medical record,
file, data, or test
 REPUBLIC ACT NO. 8504
resu lts are d irected to strictly observe confident i al i ty i n the hand l i n g of al
l med ical information, particu larly the identity and status of persons with
HIV.
SEC. 31. Exceptions to the M andate <( Confidentiality - M ed i cal
confidential ity shall not be consi dered breached i n the followi n g cases:
(a) when com pl yi n g with reportori al req u i rem ents i n conju nct ion
wit h the A IDSWATCH programs provi ded i n Section 27 of th is Act;
(b) when i nform i n g other heal th workers d i rect l y i nvol ved or about to
be i n volved i n t he t reatment or care of ;-i person wi th H I V/A I DS: I'rnvided,
Tlrnt, such treatment or care carry the risk of II I V t ra nsm ission : Provided,
furt her , That such workers sha ll be obl i ged to m a i nta i n the sha red m ed
ica l confid entia l i ty;
(c) when respon d i ng to a suhpoena d11ce.1· tecum a nd suhpoena ad
testi- f icandum issued by a Cou rt wi th ju r isd i ct i on over a l ega l proceed i
n g where the mai n issue is the HIV stat us of ;-i n i n d i v i d u a l : Provided,
Tha t t he confi denti a l med ica l record shall be properl y sea led -l1y i ts l
awfu l custod ian after bei ng d ou ble-checked for accu racy by t he h ead of t
he offi ce or d epa rtment, hand de!ivered, a nd persona ll y opened by the jud
ge: l'rovided, further, That the j ud i ci al proceed i n gs be hel d i n execut i ve
session.
SEC. 32. Release of HIV/AIDS Test Results - A I I resu l ts of HIV IAIDS
testi n g sha l l be confidential and sha ll be released on l y to the followi ng
persons:
(a) the person who subm itted h i mself/herself to such test;
(b) either parent of a m i nor ch i l d who has been tested;
(c) a legal guard ian i n the case of i nsane persons or orphans;
(d)
a person authorized to recei ve such resu l ts i n conju ncti on w it h the
AIDS WATCH program as prov ided i n Section 27 of th is Act;
RULE 9: THE PHILIPPINE NATIONAL AIDS COUNCIL
j) The Secretary of the DOT or his/her representative;
k) The Secretary of the DBM or his/her representative;
I) The Secretary of the DFA or his/her representative;
m) The Head of the PIA or his/her representative;
n) The President of the League o{ Governors or his/her
represen tative;
o) The President of the League of City Mayors or his/her repre
sentative;
p) The Chairperson of the Committee on Health of the
Senate of the Philippines or his/her representative;
q) The Chairperson of the Committee on Health of the House
of Representatives or his/her representative;
r) Two (2) representatives from organizations of medical/health
professionals;
s) Six (6) representatives from non-government organizations
involved in HIV/AIDS prevention and control efforts or- activi
ties; and
t) A representative of an organization of persons living with
HIV/AIDS.
Section 57. Appoi ntment and Tenure
To the greatest extent possible, appointment to the Council must
ensure sufficient and discernible representation from the fields of
medi cine. education, health care, law, labor ethics and social
services.
All members of the Council shall be appointed by the
President of the Republic of the Philippines, except for the
representatives of the Senate and the House of Representatives,
who shall be appointed by the Senate President and the House
Speaker respectively.
The members of the Council shall be appointed not later than
thirty (30) days after the date of the enactment of RA 8504.
Representatives of heads of government agencies shall at least
hold a Director-level position.
 (e) a justi ce of the Court of A ppeals or the Su preme Court, as provided
u nder subsection (c) of th is Act and i n accordance with the provision of Section 16 t:-JGO membership in PNAC shall consider sec toral representa
hereof. tion as a factor in its selection. PNAC shall review the sectors to be
represented by NGOs every two years. Selection of sectors shall
consider the followina information:
 REPUBLIC ACT NO. 8504
sented the fact to the insurance company upon application. Extension and
continuation of credit and loan shall likewise not be denied solely on the
basis of said health condition.
SEC. 40. Discrimination in Hospitals and Health Institutions - No
person shall be denied health care service or be charged with a higher fee on
account of actual, perceived or suspected HIV status.
SEC. 41. Denial of Burial Services - A deceased person who had AIDS
or who was known, suspected or perceived to be HIV positive shall not be
denied any kind of decent burial services.
SEC. 42. Penalties for Discriminatory Acts and Policies - All discri
minatory acts and policies referred to in this Act shall be punishable with a
penalty of imprisonment for six (6) months to four (4) years and a fine not
exceeding Ten Thousand Pesos (Pl 0,000.00). In addition, licenses/permits
of schools, hospitals and other institutions found guilty of committing discri
minatory acts and policies described in this Act shall be revoked.
ARTICLE VIII
THE PHILIPPINE NATIONAL AIDS COUNCIL
SEC. 43. Establishment - The Philippine National AIDS Council
(PNAC) created by virtue of Executive Order No. 39 dated 3 December
1992 shall be reconstituted and strengthened to enable the Council to
oversee an integrated and comprehensive approach to HIV IAIDS prevention
and control in the Philippines. It shall be attached to the Department of
Health.
SEC. 44. Functions - The Council shall be the central advisory,
planning and policy-making body for the comprehensive and integrated HIV/
AIDS prevention and control program in the Philippines. The Council
shall perform the following functions:
(a) Secure from government agencies concerned recommendations on
how their respective agencies could operationalize specific provisions of this
Act. The Council shall integrate and coordinate such recommendations and
issue implementing rules and regulations of this Act. The Council shall
RULE 9: THE PHILIPPINE NATIONAL AIDS COUNCIL
RULE 9
THE PHILIPPINE NATIONAL AIDS COUNCIL
Section 54. Establishment
The Philippine National AIDS Council or PNAC shall be
reconsti tuted and strengthened to enable the Council to oversee an
inte grated and comprehensive approach to HIV/AIDS prevention
and control in the Philippines. For all intents and purposes, PNAC
shall be attached to DOH.
Section 55. Func tions
The Council shall be the c entral advisor y, planning and
policy making body on the prevention and c ontrol of HIV/AIDS in
the Philippines. The Council shall have the following functions:
a) Secure from government agencies concerned recommen
dations on how their respec tive agencies could operatio
nalize specific provisions of RA 8 504. The Council shall
likewise ensure that there is adequate cover age of the
following:
1 . The institution of a nationwide HIV/AIDS information and
education program;
2. The establishment of a comprehensive HIV/AIDS monito
ring system;
3 . The issuance of guidelines on medical and other prac
tices and procedures that carr y the risk of HIV trans
mission;
4. The provision of acc essible and affor dable HIV testing
and counseling services to those who are in need of it;
5. The provision of acceptable health and support
services for persons with HIV/AIDS in hospitals and in
communities;
6. The protection and promotion of the rights of individuals
with HIV; and
7. The strict observance of medical confidentiality.
likewise ensure that there is adequate coverage of the following: b) Monitor the implementation of these rules and regulations,
issue or cause the issuance of orders or make recommen-
IMPLEMENTING RULES AND REGULATIONS
dations to the implementing agencies as the Council consi
ders appropriate;
c) Develop a Strategic Plan and update regularly, through a
process of multisectoral consultation, that details a
compre hensive national HIV/AIDS prevention and control
program. The Plan shall be integr9ted into the Medium-
Term Develop ment Plan. Said Plan shall include indicators
and bench marks against which PNAC shall monitor its
implementation;
d) Coordinate the activities of, and strengthen working relation
ships between all partners in the response including G<D,
NGOs, private sectors, academe, media, vulnerable com
munities and people with HIV;
e) Coordinate and cooperate with foreign and international
organizations regarding data c ollection, researc h and
treatment modalities concerning HIV/AIDS; and
f) Evaluate the adequacy of and make recommendations
regarding the utilization of national resources for the
preven tion and control of HIV/AIDS. The Council shall
facilitate and advocate the provision as well as mobilization
and use of technical, financial and logistical support to
government agencies and NGOs for the development
and implemen tation of plans, programs and projects for
the prevention and control of HIV/AIDS in the Philippines.
Section 56. Membership and Composition
The Council shall be composed of the following:
The Secretary of the DOH;
b) The Secretary of the DECS or his/her representative;
The Chairperson of the CHED or his/her representative;
The Director- General of the TESDA or his/her representativ ;
e) The Secretar y of the DOLE or his/her representative;
f) The Secretar y of the OSWD or his/her representative;
ARTICLE VII: DISCRIMINATORY ACTS AND POLICIES
SEC. 33. Penalties for Vio/atio11s rl Confidentiality - A n y violati on
of m ed ical confidentia l i ty as prov ided i n Sect i ons 30 and 32 of th is Act
shal l suffer the penalty of im prison ment for six ( 6 ) months to fou r (4) years,
without
prej u d i ce to ad m i n i strat i ve sa n ct i ons such as f i nes a n d sus pen sion or
revocat ion of the vi ol ators l i cen se to practice h is/her profession , as wel l as
the cancel lation or wit hd rawa l of the l i cense to operate any busi ness entity
an d the accred i tation of hospi ta ls. l a boratories or c I i 11 i cs. ,q
SEC. 34. Disclosure to Sexual Partners - A n y person with ·HIV is
obl i ged to d isc l osu re h is/her HIV status a nd h ea l t h cond i t i on h is/her spouse
or sexu a l partner at the ea rl i est op portu ne t i me.
A RTICL E vn
D ISCR IMIN ATO R Y ACTS A NlYPOLICIES
SEC. 35. Discrimination in the Workplace - Discri m i nati on i n a n y
form from pre-c111 ploy111 en t to post -c111 ployme11 L i ncl ud i ng h i ri ng promoti
on or assign men t , based 011 t he act ua l_ pe rcei ved or suspected HIV status
of an i nd i v i d u a l is proh i bi ted. Term i na t i on from wor k 011 t he sole basis of
actua l, percei ved or sus pected HIV sta t us i s d ee m ed u n l a wf u l.
SEC. 36. Discrimination in Schools - N o ed ucat i ona l i nst it ut i on sha l l
refuse ad m ission or expel , d i sc i pl i ne, segregate. den y pa rt i c i pati on,
benefits or serv i ces to a st udent or pros pect i ve student on t he basi s of h i s/her
actual , percei ved or suspected I !IV st a t us.
g) The Secretary of the DILG or his/her representative;
h) The Secretar y of the DOJ or his/her representative;
i) The Director-General of the NEDA or his/her representative;
 SEC. 37. Restrictions 011 Travel and Habitation - The freedom
of a bocl c,. l ocl gi n g a n d t ravel of a person w i t h HIV sh a ll not be a br
i d ged. No person sha l l be q ua ra n ti ned, pl aced i n isol a t i on. or refused
l awfu l entry i nto or d e ported from Ph i I i pp i ne t err i tory on accou nt o r
h is/her actua l, percei ved or suspected II l V stat us.

SEC. 38. Inhibition from Public Service - The ri ght to seek an elect
ive or a ppoi n t i ve pu b l i c o ff i ce sh a l l n ot be den ied to a person with HI V
.

SF:C. 39. Exc/11.\·ion f rom Credit and In.rnrance Services - A 11

cred i t a nd l oa n serv i ces. i n cl ud i n g hea l th , ?Ccid en t a nd l i fe i ns u
rance shal l not be tk n i cd t o a pcrsq n 011 t he basi s of h i s/ her actu a l , percei
ved or suspected HIV sta t us: Provided, That the pe rson w i t h H I V has n ot
conceal ed or m i sreore-
 IMPLEMENTING RULES AND REGULATIONS
Section 52. Denial of Burial Ser vices
Subject to the obser vance of universal precautions as outlined
in Section 2 1 of this IRR, any deceased person who was known, sus
pected or perceived to be HIV positive shall not be denied any kind
of decent burial services. Decent burial services include any ceremo
nial, burial or cremation practices that conform to culturally accep
table religious beliefs and norms.
Pending the development and implementation of the Guide
lines/Manuals/ Protocol stipulated in Rule 3, section 2 4 of this IRR,
the following recommendations on undertaking, embalming and
cremation of the remains who died with HIV shall apply:
a) The remains of persons who died with HIV shall be buried or
cremated within 24 hours after the time of death.
b) No embalming of the remains of persons who died with HIV
shall take place except: When the family requests for embal
ming provided that the procedure will be done by a licen
sed embalmer, qualified and previously trained by the
National AIDS/STD Prevention and Control Service
(NASPCP) on HIV/AIDS and the observance of the practice
of universal precautions.
c) The HIV status of an individual shall not be a consideration
in the issuance of permits for the transfer of such remains.
Section 53. Penalties for Discriminator y Acts and Policies
All discriminatory acts and policies referred to in Sec tions 46 to
52 of this IRR and in accordance with RA 8 504 shall be punishable
with a penalty of:
a) Imprisonment for six (6) months to four (4) years; and
b) A fine not exceeding Ten thousand pesos (P l0,000.00).
In addition. licenses or permits of schools. hospitals and other
institutions found guilty of committing said discriminatory acts and
policies shall be revoked.
ARTICLE V/11: PHILIPPINE NATIONAL AIDS COUNCIL
(I) The institution of a nationwide HIV/AIDS information and educa
tion program;
(2) The establishment of a comprehensive HIV/AIDS monitoring
system;
(3) The issuance of guidelines on medical and other practices and proce
dures that carry the risk of HIV transmission;
(4) The provision of accessible and affordable HIV testing and
counseling services to those who are in need of it;
(5) The provision of acceptable health and support services for persons
with HIV/AIDS in hospitals arid in communities;
(6) The protection and promotion of the rights of individuals with HIV;
and
(7) The strict observance of medical confidentiality.
(b) Monitor the implementation of the rules and regulations of this
Act, issue or cause the issuance of orders or make recommendations to the
implementing agencies as the Council considers appropriate;
(c) Develop a comprehensive long-term national HIVIAIDS prevention
and control program and monitor its implementation;
(d) Coordinate the activities of and strengthen working relationships
between government and non-government agencies involved in the campaign
against HIV/AIDS;
(e) Coordinate and cooperate with foreign and international organi
zations regarding data collection, research and treatment modalities con
cerning HIV/AIDS; and
(f) Evaluate the adequacy of and make recommendations regarding
the utilization of national resources for the prevention and control of HIV/
AIDS in the Philippines.
SEC. 45. Membership and Composition - (a) The Council shall be
composed of twenty-six (26) members as follows:
 REPUBLIC ACT NO. 8504
(1) The Secretary of the Department of Health;
(2) The Secretary of the Department of Education, Culture and Sports
or his representative;
(3) The Chairperson of the Commission on Higher Education or his
representative; Jt
(4) The Director General of the Technical Education and Skills Deve
lopment Authority or his representative;
(5) The Secretary of the Department of Labor and Employment or his
representative;
(6) The Secretary of the Department of Social Welfare and Develop
ment or his representative;
(7) The Secretary of the Department of the Interior and Local Govern
ment or his representative;
(8) The Secretary of the Department of Justice or his representative;
(9) The Director-General of the National Economic and Development
Authority or his representative;
(10) The Secretary of the Department of Tourism or his representative;
(11) The Secretary of the Department of Budget and Management or
his representative;
(12) The Secretary of the Department of Foreign Affairs or his repre
sentative;
(13) The Head of the Philippine Information Agency or his repre
sentative;
(14) The President of the League of Governors or his representative;
(15) The President of the League of City Mayors or his representative;
RULE B: DISCRIMINATORY ACTS AND POLICIES
HIV-infected students shall act responsibly to protect their own
health and prevent HIV transmission.
Section 48. Restrictions on Travel and Habitation
HIV is not among the dangerous. loathsome or contagious di
seases referred to in the Immigration Code (Section 29). The
freedom of abode, lodging and tr vel of a person with HIV shall not
be abridged. No person shall be quarantined. placed in isolation. or
refused lawful entr y into or depor ted from Philippine territory on
account of his/her actual, perceived or suspected HIV status.
Section 49. Inhibition from Public Service
The right to seek an elective or appointive public office shall
not be denied to a person with HIV
Section 50. Exclusion from Credit and Insurance Services
All credit and loan servic es, including health. accident and
life insuranc e shall not be denied to a person on the basis of
his/her actual, perceived or suspec ted HIV status: Provided, That
the person with HIV shall not conceal or misrepresent his or her
HIV status to the insurance company upon applic:ation. Extension
and continuation of credit and loan shall likewise not be denied
solely on the basis of said health condition.
Section 51. Discrimination in Hospitals and Health Institutions
No hospital or other health institution shall deny access to health
care services to a PLWHA or those perceived or suspec ted to be HIV
infected, nor charge the said persons higher fees. Acc ess to health
services must be on an equal basis for all people, regardless of
perceived, suspected or actual HIV status.
Refusal to admit a person to a hospital or health care facility
and refusal to provide health care or perform health services to a
person in a hospital or health care fac ility on the basis of
perceived, suspected or actual HIV status are prohibited acts.
 IMPLEMENT/ NG RULES AND REGULATIONS
All individuals seeking employment shall be treated equally by
employers who shall not make any distinc tion among job applicants
on the basis of their actual, perceived or suspected HIV status.
Persons with HIV/AIDS already employed by any public or
private company shall be entitled to the same employment rights,
benefits and opportunities as other employees, namely:
Security of tenure;
b) Reasonable alternative working arrangements. when neces
sary;
c) Social security, union, credit and other similar benefits; and
d) Protection from stigma, demotion, discrimination and termi
nation by co- workers, unions, employers and clients.
Termination from work on the basis of ac tual, perceived or sus
pected HIV status is deemed unlawful.
HIV-infec ted employees shall act responsibly to protect their
own health and prevent HIV transmission.
Acts of discrimination against an individual seeking employ
ment, or in the course of employment, because of his/her actual,
perceived or suspected HIV status, shall be reported to the DOLE
by those in the private sector and to the CSC by those in the
government offices and government-owned corporations. DOLE and
CSC shall resolve any such matters brought to their attention,
including the implementation of administrative sanctions, ds may be
appropriate.
Section 4 7. Discrimination in Schools
No educational institution shall refuse admission to any prospec
tive student or discipline; segregate; deny participation, benefits or
services to; or exp I any current student on the basis of his/her
actual, perceived or suspec ted HIV status. This shall include any
perception or suspicion of HIV status which may arise from a person
being a friend, relative or associate of a PLWHA.
The right to full participation shall include the right to take part
in all school activities, including all spor ts activities.
ARTICLE VIII: THE PHILIPPINE NATIONAL AIDS COUNCIL
(16) The Chairperson of the Committee on Health of the Senate of the
Philippines or his representative;
(17) The Chairperson of the Committee on Health of the House of
Representatives or his representative;
(18) Two (2) representatives from organ izations of medical/health
professionals;
(19) Six (6) representatives from non-government organizations
involved in HIV/AIDS prevention and control efforts or activities; and
(20) A representative of an organization of persons dealing with HIVI
AIDS.
(b) To the greatest extent possible, appointment to the Council must
ensure sufficient and discernible representation from the fields of medicine,
education, health care, law, labor ethics and social services;
(c) All members of the Council shall be appointed by the President of
the Republic of the Philippines, except for the representatives of the Senate
and the House of Representatives, who shall be appointed by the Senate
President and the House of Representatives, who shall be appointed by the
Senate President and the House Speaker, respectively;
(d) The members of the Council shall be appointed not later than thirty
(30) days after the date of the enactment of this Act;
(e) The Secretary of Health shall be permanent chairperson of the
Council; however the vice-chairperson shall be elected by its members from
among themselves, and shall serve for a term of two (2) years and
(f) For members representing medical/health professional groups and
the six (6) non-government organizations. They shall serve for a term of two
(2) years, renewable upon recommendation of the Council.
SEC. 46. Reports - The Council shall submit to the President and to
both Houses of Congress comprehensive annual reports on the activities and
accomplishment of the Council. Such annual reports shall contain for the
medium and long term prevention and control program on HIV/AIDS in the
Philippines.
 REPUBLIC ACT NO. 8504
SEC. 47. Creation of Special HIV/AIDS Prevention and Control Section 44.
Service - There shall be created in the Department of Health a Special HIV/
AIDS Prevention and Control Service staffed by qualified medical specialists
and support staff with. permanent appointment and supported with an
adequate yearly budget. It shall implement programs on HIV/AIDS
prevention and control. In addition, it shall also serve as the secretariat of the
Council.
SEC. 48. Appropriations - the amount of Twenty m i ll ion pesos
(P20,000,000.00) shall be initially appropriated out of the funds of the Natio a)
nal Treasury. Subsequent appropriations shali be provided by Congress in
the annual budget of the Department of Health under the General Appropria
tions Act.
ARTICLE IX
MISCELLANEOUS PROVISIONS
SEC. 49. Implementing Rules and Regulations - Within six (6) months
after it is fully reconstituted, the Council shall formulate and issue the appro
priate rules and· regulations necessary for the implementation of this Act.
SEC. 50. Separability Clause - If any provision of this Act is declared
invalid, the remainder of this Act or any provision not affected thereby shall
remain in force and effect.
SEC. 51. Repealing Clause - All laws, presidential decrees, executive
orders and their implementing rules inconsistent with the provisions of this
Act are hereby repealed, amended or modified accordingly.
SEC. 52. Effectivity - This Act shall take effect fifteen (15) days after
its publication in at least two (2) national newspapers of general circulation.
Approved,
( )
,:v1>.. VENEC · T:J R.
RULE 8: DISCRIMINATORY ACTS AND POLICIES
Penalties for Violations of Confidentiality
Penalties for violating medical confidentiality, as provided in
Sections 30 and 3 2 of RA 8 504, include imprison·ment for six (6)
months to four (4) years. Administrative sanc tions may likewise be
imposed, such as:
Fines;
b) Suspension or revocation of license to practice the profes
sion; or
c) Cancellation or withdrawal of the license to operate of any
business entity, and the accreditation of hospitals, labora
tories or clinics.
Section 45. Disclosure to Sexual Par tners
Any person with HIV shall be obligated to disclose his/her HIV
status and health condition to his/her spouse or sexual partner at
the earliest opportune time.
PLWHA may seek the assistance of health workers or counselors
providing the post-HIV test counseling on the matter of disclosure of
HIV/AIDS and health status to spouse or sexual partner.
As a general policy, post-test c ounseling of PLWHA shall aim to
assist him/her in informing his/her spouse or sexual partner of his/her
HIV status and health condition at the earliest possible time.
RULE 8
DISCRIMINATORY ACTS AND POLICIES
EPTALI A.
 _µ
GONZALES .
Section
46. Dis
mination in the Workplace

cri Discrimination in any form. fr.om pre-employment to post-Eim

Speaker of the House President of the ployment, including hiring, promotion or assignment. based on the
Senate of Representative actual, perceived or suspected HIV status is prohibited.
 IMPLEMENT/NG RULES AND REGULATIONS ARTICLE IX: MISC6LLANEOUS PROVISIONS

Section 42. Exceptions to the Mandate of Confidentiality

This Act, which is a consolation of Senate Bill No. 1818 and House Bill
No. 10510 was finally passed by the Senate and the House of Representatives
The requirement for medical confidentiality shall be waived in on February 6, 1998.
the following instances:

a)When responding to a subpoena duces tecum and sub

poena ad testificandum issued by a court with jurisdiction
---
over legal proceedings where the main issue is the HIV
status of an individual;
P. NAZARENO
When complying with the reporting requirements for AIDS
WATCH as provided in Section 39 of this IRR; and
c) When informing other health workers directly involved or
about to be involved in the treatment or c are of a person
with HIV/AIDS and such treatment or care carr y the risk of Approved:
HIV transmission.
FEB13 1998
Health workers who are exposed to invasive proc edures and
may potenti9lly be in contac t with blood and bodily fluids likely to
transmit HIV shall be informed of the HIV status of a person, even
without his/her consent. This information is vital to their protection
against acquiring and transmitting the HIV infection through safe FIDEL V. RAMOS
practices and procedures in accordance with Sections 2 1 and 24 of President of the Philippines
this IRR.

Those who are not at risk of transmission, must not be informed

of a person's HIV status.

All health workers shall maintain shared medical confidentiality.

Section 43. Release of HIV/AIDS Test Results

The result of HIV/AIDS testing shall be confidential and shall e) A Judge of the Lower Court, Justice of the Court of Appeals
be released only to the following: or Supreme Court Justice

Person who was tested;

b) Parent of a minor who was tested;
c) Legal guardian of an insane person or orphan who was
tested;
d) Person authorized to receive said result for AIDSWATCH in
accordance with Section 39 of this IRR; and/or
CBRilf lED copr.
1
AlmORA l UU1rw j
.OIRetTOR J1'
 IMPLEMENTING RULES AND REGULATIONS RULE 7: CONFIDENTIAL/TY

JRepulrlic nf tlic l(ll1i l i p p ims Section 40. Contact Tracing

PHILIPPINE NATIONAL AIDS COUNCIL
HIV/AIDS contact tracing and all other related health intelli
Jlll!1111 ila gence activities may be pursued by the DOH: Provided, That these
do not conflict with the general purpose of RA 8 504 or this IRR.

Any information gather ed shall remain confidential and classi

RESO LUTIO N NO .l fied, and can only be used for statistical and monitoring purposes
as provided in Sections 41 , 42 and 43 of this IRR

l998 , the following Implementing Rules and Regulations are hereby

WHEREAS, Republic Act 8504 otherwise known as "the adopted.
Philippine AIDS Prevention and Control Act of 1998 " was signed into
Law by the President of the Republic of the Philippines on February l
3, l 998.

WHEREAS, The Philippine National AIDS Council, a multi-

sectoral, central advisor y, planning and policy making body is
mandated by Law to oversee a comprehensive and integroted
HIV/AIDS prevention and control program in the Philippines whose
members were sworn into office by the President of the Republic of
the Philippines on April 6, 1999.

WHEREAS , Article IX, Section 49 of Republic Ac t 8504 states that

·within six (6) months after it is fully reconstituted, The Philippine Natio
nal AIDS Council is mandated to formulate and issue the appropriate
rules and regulations necessary for the implementation of Republic
Act 8 504

BE IT RESOLVED AS IT IS HEREBY RESOLVED , that We, The

Members
of the Philippine National AIDS Council do hereby order and issue
the following Implementing Rules and Regulations.

SUBJECT: Rules and Regulations Implementing

Republic Act No. 8 504 other wise known as the
"Philippine AIDS Prevention and Control Act of l998 ".

Pursuant to Section 49 of Republic Ac t No. 8 504, other wise

known as the Philippine AIDS Prevention and Control Ac t of
 No information gathered through contact tracing may be
used as basis or qualification for any employment. school
attendanc e, freedom of abode, travel, or acc ess to health and
other soc ial services as provided in Sections 46 to 52 of this
IRR.

RULE 7

CONFIDENTIALI

TY

Section 41 . Medical Confidentiality

Medical confidentiality shall protect and uphold the right to pri-

vacy of an individual who undergoes HIV testtng or is diagnosed
to have HIV It includes safeguarding all medical records
obtained by health professionals, health instructors, co-worker s,
employers, recruitment agencies, insurance companies, data
encoders, and other custodians of said record, file, or data.

Confidentiality shall encompass all forms of communic ation

that directly or indirectly lead to the disclosure of information on
the identity or health status of any person who undergoes HIV
testing or is diagnosed tc have HIV. This information may
include but is not limited to the name, address, picture, physical
description or any other characteristic of a person which may
lead to his/her identi fication.

To safeguard the confidentiality of a person's HIV/AIDS

record, protocols and policies shall be adopted by c oncerned
officials, aqencies and institutions.
 IMPLEMENT/ NG RULES AND REGULATIONS RULE 1: .TITLE AND APPLICATION

The levels of reporting in passive surveillance inc lude: R U L E l

Primary health centers; TITLE AND APPLICATION

b) LGUs;
c) Regional epidemiologic al surveillance units (RESUs) ; and
Section 1 . Title
Field Health Surveillance and Intelligenc e Service (FHSIS) at the Central
Office.
This Administrative Order shall be known as the "Rules and Regu
Active sur veillance shall systematically monitor the biomedical lations Implementing the PHILIPPINE AIDS PREVENTION AND
and behavioral c omponents of HIV/AIDS/STD among vulnerable CONTROL ACT OF 1998 (RA 8 504)"
groups·in selec ted sentinel sites that are geographically distributed
throughout the Philippines. This sur veillanc e shall be c onducted Section 2. Purpose
annually and the results disseminated to the public after a technical
review. These Implementing Rules and Regulations (IRR) are adopted
to disseminate the principles of RA 8 504 and prescribe guidelines,
Resources for the institutionalization of the monitoring and re proc edures and standards for its implementation, to facilitate com
view of the HIV/AIDS situation in the countr y shall be provided as a pliance to and achieve the objec tives of the law.
line item for AIDSWATCH in the DOH budget.

Section 39. Reporting Procedures Section 3. Declaration of Policies

All hospitals, clinics, laboratories, and blood banks shall be re

Acquired Immune Deficiency Syndrome (AIDS) is a disease
quired to report all diagnosed HIV infec tions to AIDSWATCH.
that recognizes no territorial, social, political and economic
boundaries for which a cure has yet to be discovered. However,
The attending physician shall submit to AIDSWATCH a written
even if a cure is discovered, the Act shall continue to serve as an
report at the time of any of the following events: 1 J time of diagnosis;
important guide in sustaining prevention and control efforts and
2) progression to fl.IDS; and 3) death. caring for people of all ages already infected. The gravity of the
AIDS threat demands strong State action today and in the future,
These HIV/AIDS-related health reports shall be received, thus:
colla ted, evaluated, and disseminated by AIDSWATCH. E
pidemiological data shall be made available always to various
a) The State shall promote public awareness about the causes,
HIV/AIDS stakeholders and the public .
modes of transmission, consequences, and means of prevention and
control of the Human lmmuno-deficiency Virus/Acquired Immune
To maintain the confidentiality of information regarding HIV
Deficiency Syndrome (HIV/AIDS) through a comprehensive nation
cases and AIDS patients, questionnaires and forms to be used by
wide education and information campaign organized and conduc
laboratories shall be unlinked anonymous as provided in Section 29
ted by the State. Such campaigns shall promote value formation
of this IRR. The unlinked anonymous proc edur e safeguards the
and employ scientifically proven approaches, focus on the family
identity of the person tested and assures that the result is not traced
as a basic social unit, and be carried out in all sc hools and training
or linked to him/her.
centers, workplaces, and communities. This program shall involve
affec ted individuals and groups, including people living with HIV/
AIDS.
 llfT""I,,._ IMPLEMENTING RULES AND REGULATIONS RULE 6: MONITORING

b) The State shall extend to every person suspected or known the PLWHA is feasible, the program shall be implemented by the
to be infected with HIV/AIDS full protection of his/her human rights concerned agencies. The PHIC shall oversee the implementation of
and civil liberties. Towards this end, the said insurance program.

l. compulsory HIV testing shall be considered unlawful

unless other wise provided in this Act; RULE6

the right to privacy of individuals with HIV/AIDS shall be guaranteed; MONITORING

3. discrimination, in all its forms and subtleties, against indi Section 38. Monitoring Program
viduals with HIV/AIDS or persons perceived or suspected
of having HIV/AIDS shall be considereo inimical to indivi "AIDSWATCH" shall be established as a comprehensive
dual and national interest; and HIV/AIDS monitoring and review program of the DOH. Upon the
effec tivity of this IRR , it shall integrate unto itself the National HIV
4. provision of basic health and social services for indivi Sentinel Surveillance System (NHSSS) and the AIDS Registry.
duals with HIV/AIDS shall be assured.
AIDSWATCH shall:
c) The State shall promote utmost safety and universal precau
tions in practices and procedures that carry the risk of HIV trans a) Monitor the magnitude, distribution and progression, inclu
mission. ding epidemic s, of HIV infection in the countr y; and
b) Evaluate the adequac y and efficac y of the HIV prevention
d) The State shall positively address and seek to eradicate and control measures employed.
conditions that aggravate the spread of HIV infection, including but
not limited to poverty, gender inequality, prostitution, marginalization, The monitoring role of AIDSWATCH shall be performed through:
drug abuse and ignorance. In seeking to eradicate these conditions,
there is no intent to undermine other HIV/AIDS prevention activities. a) Passive surveillance; and
For example, this Act does not advocate eradicating prostitution
b) Active surveillance
through actions which drive the sex industry out of sight where it is
more difficult to conduct HIV/AIDS prevention activities.
Passive surveillance shall report on HIV/AIDS cases through the
following process:
e) The State shall recognize the potential role of affec ted
individuals in propagating vital information and education a) Identification of positive ( + ) cases in HIV tests conduc ted
messages about HIV/AIDS an_d shall utilize their experience to
as a pre-screening procedure in blood banks, hospitals ,
warn the public about the disease.
clinics and accredited laboratories;
b) Confirmation of positive ( + ) cases from government sites
f) Consistent with the above mentioned policies and in conso
by the BRL, and from private sites by the RITM;
nance with the Philippine National HIV/AIDS Strategy, the State,
further, recognizes that:
c) Processing and analysis of confirmed positive cases by
AIDSWATCH; and
d) Information dissemination on the incidence of HIV/AIDS to
the public .
 IMPLEMENT/NG RULES AND REGULATIONS RULE 1: TITLE ANO APPLICATION

lines in STD Care Management at the Different Levels of the l. Multi-sectoral involvement is essential to national
Health Care System" (DOH, 13 February 1998); and and local responses to HIV infec tion;
c) Administrative Order No. 1 7-B, s. 1998 "Implementing Guide
lines for STD Case Management for Children". (DOH, l7
2. People should be empowered to prevent fur ther HIV
October 1 998).
transmission. Empowerment for all Filipinos will come
through access to appropriate information and resour
In Annex Cl and Annex C2 of this IRR, which shall continue to
ces for prevention;
be in effect, until further notice of revision by the SHAPCS.

Further, the DOH shall ensure the periodic conduct of studies 3.
on the prevalence of STDs. levels of anti-microbial drug resistance
and new treatment modalities for STDs. DOH shall submit a report
of the results of these studies to PNAC.
4.
Section 37. Insurance for Persons with HIV
Within 60 days of the effectivity date of this IRR, the Secretary
of Health and the Commissioner of the Insurance Commission shall
create a Task Force that shall oversee a study or studies on the 5.
feasibility of offering a package of insurance benefits for PLWHAs in
accordance with the guiding principles of Sections 26 and 39 of RA
8504.
Section 4.
The formulation of socio-economic development poli
cies and programs should include the consideration of
the impact of HIV infection/AIDS;
Resources should be allocated taking into consideration
the unique vulnerabilities of various population groups,
including children, aff ected by HIV/AIDS and its impact;
and
Continued efforts should be made to constantly
improve the performance and assure the quality of
HIV/AIDS rela ted programs.
Definitions of Terms

The composition of the Task Force may include, but not limited
to, the representatives of the f ollowing offic es , agenc ies , or Should the study or studies find that insurance coverage for
organizations:

DOH;
Insurance Commission;
c) .Philippine Hospital Association (PHA);
d) Philippine Health Insurance Corporation (PHIC);
e) Association of private insurers;
f) Association of actuaries;
g) Health maintenance organizations (HMOs) ; and
h) Other groups, as needed

A report of the results of the feasibility study or studies shall be

submitted by the DOH to PNAC within one year of the creation of the
Task Force.
 As used in this IRR. the definitions of terms are as follows:

l. Acquired Immune Deficiency Syndrome (AIDS) - A c ondition

cha racterized by a combination of signs and symptoms.
caused by HIV contracted from another which attac ks and
weakens the body's immune system, making the af flic ted
individual suscep tible to other life-threatening infections.

2. AIDS Registr y - The official record of the number of reported

HIV positive and AIDS cases and deaths confirmed by either
the Bureau of Research and Laboratories (BRL) or the
Researc h Institute for Tropical Medicine (RITM) . and reported
to the National HIV Sentinel Surveillance System (NHSSS).

3. Anonymous Testing - An HIV test procedure whereby the

identity of the individual being tested is protec ted or not known.
The unlinked anonymous method tests blood drawn for other
purposes for HIV antibodies without the subjec ts k nowledge
and with all
 IMPLEMENTING RULES AND REGULATIONS RULE 5: HEALTH AND SUPPORT SERVICES

identif ying data removed, while the voluntar y an on ymous

method tests blood drawn from volunteers who have no identi
b) Counseling;
f ying information, exc ept a code number whic h is matched with c) Home-based care;
a similar code of a given test result. d) Organizing community-based HIV/AIDS support groups
including PLWHAs;
4. Behavioral Surveillance System (BSS) - A systematic and regular e) Networking of HIV/AIDS support groups; and
collec tion of information on risk behaviors and co-factors of tne f) HIV/AIDS referral system
transmission of HIV infection among selec ted population groups.
Community-based HIV/AIDS prevention, c ontr ol and c are
5. Community - A group of persons with something in common. services shall be integrated into the development plans and the
existing programs of the province, city, municipality and barangay.

6. Compulsory HIV Testing - An HIV testing of a person attended by
the lack of consent; lack of c onsent of the parent when said
person is a minor or the legal guardian when the same is insane;
or use of physical force, intimidation or any other form of com
pulsion.
7. Condom - Is a thin protective barrier or sheath worn over the
male or female external reproduc tive organ.
Section 35. Livelihood Programs and Training
Government agencies such as the Department of Social Welfare
and Development (DSWD) , DOLE, DECS, TESDA and Department of
Trade and Industry (DTI) and private agencies, as well, shall provide
oppor tunities f or PLWHAs to partic ipate in skills training, skills
enhancement and livelihood programs. No PLWHA shall be deprived
of participation by reason of HIV/AIDS status alone.

8 . Contact tracing - A method of finding and counseling the sexual offices.

partner(s) of a person who has been diagnosed as having a
sexually transmitted disease or diseases.

9. Discrimination - A prejudicial act of making distinc tions or showing

partiality in the granting of privileges. benefits or services to a
person on the basis of his/her actual, perceived or suspec ted
HIV status.

l0. Government Agency - Any of the various units of

government, including a department, bureau, office,
instrumentality or govern ment-owned or -controlled
corporation or a loc al government or a distinct unit therein.

l l.Government Office - Any major func tional unit of a depar

tment or bureau, including regional offic es, within the
framework of the governmental organization. It also refers to
any position held or oc cupied by individual persons, whose
func tions are defined by law or regulation. All establishments
or offic es outside this defi nition are considered private
 Skills training and enhancement programs along the
interest and capacity of the PLWHAs and livelihood assistance in
the form of capital assistance, marketing assistance and job
placement shall be rendered.

The DSWD with DOLE, DILG and private agencies, and

utilizing existing mechanisms and strategies, shall jointly set up a
referral system to assist PLWHAs in accessing skills tr aining and
livelihood assistance programs at the regional and provincial
levels.

Section 36. Control of Sexually Transmitted Diseases

To help contain the spread of HIV infection, the DOH, in

cODrdi nation and cooperation with other concerned
government agencies, LGUs and NGOs, shall pursue the
prevention and control of sexually transmitted diseases as
provided in:

a) Administrative Order No. 2, s. 1997 "National Policy

Guide lines for the Prevention·and Management of Sexually
Trans mitted Diseases (STDs)" (DOH, 20 Februar y 1997):
b) Administrative Order No. 5, s. 1998 "Implementing Guide-
 IMPLEMENTING RULES AND REGULATIONS RULE 1: TITLE AND APPLICATION

Accredited professional association (APOs) ;

NGOs;
Academe; and
PLWHAs
Pending the official release and effec tivity date of the SOP
Manual, the provision of hospital services for PLWHAs in government
hospitals shall follow the Guidelines in:
a) Administrative Order No. 1 8 , s. 1 995 "Revised Guidelines in
the Management of HIV/AIDS Patients in the Hospital" (DOH.
2 1 November 1995); and
b) Administrative Order No. 9, s. 1 99 7 "Amendment to Adminis
trative Order No. 1 8, s. 1 995 regarding the Guidelines in
the Management of HIV/AIDS Patients in the Hospital"
(DOH, lO May 1 99 7)
in Annex Bl and Annex 82 of this IRR, which shall continue to
be in effect until fur ther notice of revision by the SHAPCS.
12. Health Worker - A person engaged in health or health-related -
work in hospitals, sanitaria, health infirmaries, health centers, rural
health units, barangay health stations, clinics and other health
related establishments.
13. .High-Risk Behavior - A behavior or activity which when
done increases the risk of acquiring or transmitting HIV.
Examples are unprotected sex with multiple partners, low
condom use and sharing of intravenous needles.
14. Hiring - The process of selecting an individual tor a specific posi
tion or job.
15. HIV/AIDS Education - The provision of information on the causes,
prevention and consequences of HIV/AIDS and activities de
signed to assist individ·uals to develop the c onfidenc e and
skills needed to avoid HIV/AIDS transmission and to develop more
posi tive attitudes towards people living with HIV/AIDS (PLWHA).

The SOP Manual shall be reviewed periodically and revised 16. HIV/AIDS Monitoring - The documentation and analysis of the
accordingly by the SHAPCS, through the DOH Committee for Hospital number and the pattern of spread and tr ansmission of the HIV/
Policies on HIV/AIDS Prevention and Contr ol. AIDS infection and the prevention and c ontrol measures dir
ected against it.

Section 34. Community-Based Ser vices

a) HIV/AIDS/STD educ ation and information campaign;
The LGUs, through its health, social welfare and population
offic ers , in c ollaboration, c ooper ation ot partner ship with the
following:

Concerned government agenc ies;

b) NGOs;
c) Private sec tor organizations and establishments;
d) People living with HIV/AIDS; and
e) other vulnerable groups

shall develop and support services for the prevention and control
of HIV/AIDS and care of PLWHAs and their families in the community.
These servic es or programs include, but are not limited to:
l7. HIV/AIDS Prevention and Control - The program, strategies
and measures aimed at protec ting non-infec ted persons
from con trac ting HIV and minimizing the impac t of the
c ondition on PLWHAs.

l8 . HIV-negative - Denotes the absence of HIV or HIV antibodies

upon HIV testing.

19. HIV-positive- Denotes the presence of HIV infection as

demons trated by the presence of HIV or HIV antibodies upon
HIV testing.

20. HIV status - Denotes whether a person who has undergone an

HIV test is HIV-positive or HIV-negative.

21. HIVTesting - A laboratory procedure done on an individual to

determine the presence or absence of HIV infection.
 IMPLEMENTING RULES AND REGULATIONS RULE 5: HEALTH AND SUPPORT SERVICES

22. HIV transmission - The transfer of HIV from an infected person to e) Counseling; and
an uninfected one, more commonly through sexual intercourse,
blood transfusion, sharing of intravenous needles, or from the
f) Quality assurance
mother to the fetus or infant.
SHAPCS, in collaboration with RITM, BRL, PAMET, LGUs, NGOs
and the academe, shall form a network of HIV testing c enters to
23 . Human Immunodeficiency Virus (HIV) - The virus which c auses
facilitate the assessment of support needs and the deliver y of support
AIDS.
services, including the promotion of continuing professional
education and quality assurance. Network members shall meet at
2 4. Indigenous Learning Systems - Culturally rooted, formalized,
and codified beliefs, knowledge and skills from recognized least once a year.
alternative systems of instruc tion which parallel modern private
and public schooling. Classic examples of indigenous learning
systems include the tent schools in lf ugao, Islamic or Quranic RULE S
schools in Muslim societies, and child soc ialization practic es in
cultural communities. HEALTH AND SUPPORT SERVICES

25. Informed Consent - The voluntary

verbal or written agreement of
Section 33. Hospital-Based Ser vices
a person to undergo or be subjected to a procedure based on
full information.
A manual on the Standard Operating Proc edures (SOP Manual)
for the provision of a comprehensive and compassionate hosp.ital
26. Injecting
Drug Users (IDUs) - Individuals who inject prohibited or based care services for PLWHAs shall be developed by the SHAPCS,
regulated drugs. through a Committee, within 90 days from the effectivity date of this
IRR.

2 7. Medical Confidentiality - The expectation or situation of protecting · is distinct from and outside of the regular offering of the formal
and upholding the right to privacy of a person who had an HIV ·chool system.
test or was diagnosed to have HIV. Confidentiality encompasses
all information that direc tly or indirectly lead to the disclosur e of
the identity and HIV status of said person. This information includes,
but is not limited to, the name, address. picture, physical charac
teristic or any other similar identif ying charac teristic .

28 . Minor - A person who is below l8 years of age.

Non-formal Education - An organized non-school, community based

educational activity undertaken by the Department of Education, Culture
and Spor ts or by other agenc ies, including private schools , aimed at
attaining specific learning objec tives for a target c lientele, suc h as the
illiterate, children who do not go to school, and adults who cannot
avail of formal education.
 The SOP Manual shall ensure the accessibility of basic
hospital services and shall contain the technical, managerial,
quality and procedural requirements for the physical, physiologic,
psychological, socio-economic and spiritual care in the hospital of
the person living with HIV/AIDS (PLWHA) and the family. The
services shall inc lude:

a) emergency treatment;
b) laboratory services; and
c) diagnosis and treatment of HIV/AIDS , STD, other
infections and complications

The Committee shall be composed of representatives from the

following offices/sec tors:

a) OHFSR;
b) Hospital Oper ations and Management Servic e (HOMS)
;
c) San Lazaro Hospital (SLH);
d) RITM;
 IMPLEMENTING RULES AND REGULATIONS
nity services and to any organization of people living with
HlV/AIDS; and
h) Assistance with the disclosure of HIV status and health condi
tion to the spouse or sexual partner, as soon as possible
Pre-test and post-test counseling shall be done in a private
place away from possible interruptions. It may be done at the bed
side of an ill person, in a counseling room or in a person's home,
and preferably in a pleasant atmosphere.
When tests are undertaken of OFWs prior to their employment
overseas, group pre-test and post-test c ounseling may be done.
However, individual counseling shall be provided for an OFW with
an HIV positive ( + ) result.
Only health workers who had undergone HIV/AIDS counseling
training shall provide pre-test and post-test counseling. The DOH,
through the SHAPCS shall produce a training kit and a trainer 's trai
ning kit for HIV/AIDS counseling. The SHAPCS shall conduct national
and regional trainer 's training and may utilize the expertise of the
academe and the NGOs for this activity. In turn, the trainers shall
conduct HIV/AIDS counseling training for c ounselors at the
provincial and institutional levels.
Se.ction 32 . Support for HIV Testing Centers
The DOH through the SHAPCS shall coordinate the training of
medical technologists, pathologists and other health workers who
will staff the testing centers.
The SHAPCS, through RITM, BRL, accr edited professional
organi zations and societies, qualified NGOs and experts from the
academe. shall conduct training courses and workshops on HIV testing
at least twice a year.
Content of the training course/ workshop shall inc lude:
HIV biology;
RULE 1: . TITLE AND APPLICATION
30. Non-Government Organization (NGO) - A private, non-profit volun
tary organization that is committed to the task of socio-economic
development and established primarily for ser vice.
31 . Perceived or suspected HIV status - A judgment or suspicion
about the HIV status of a person which may or may not correspond
with the actual HIV status.
32. Person with HIV - An individual whose HIV test indicates, directly
or indirectly, that he/she is infected with HIV.
33. Pre-employment to Post-employment - The continuity of employ
ment starting from the hiring process, through employment.
resigna tion, retirement and after retirement or resignation of an
employee.
34. Pre-TestCounseling - The process of providing inforrf)ation on
the biomedical aspects of f:llV/AIDS and the possible results of
the HIV test; and providing emotional suppor t for any psycholo
gical implication of undergoing HIV testing to an individual before
he or she undergoes the HIV test.
35. Post-Test Counseling - The process of providing risk-reduction
infor mation and emotional support to a person who submitted
to HIV testing at the time that the test result is released.
36. Private sector - The sector composed of non-government
organi zations, people's organizations, private schools and
universities, business enterprises owned and operated by
private individuals or groups, and other organizations and
establishments whic h are not part of the government.
3 7. Prophylactic - A medic al agent or devic e used to prevent the
transmission of a disease. It does not inc lude antibiotics and
vitamins.
38 . Sexually Transmitted Disease (STD) - Any disease that is acquired
or transmitted through sexual contact.
b) Epidemiology;
Principles and methods of HIV testing;
d) Laboratory safety and precautions:
39. Standardized
Basic Information - The amount of knowledge on
HIV/AIDS deemed sufficient by the Department of Health, the
Department of Labor and Employment, the Department of
Natio-
 IMPLEMENTING RULES AND REGULATIONS RULE 4: TEST, SCREENING AND COUNSELING

nal Defense and the Civil Service Commission, that enables indivi offering HIV testing shall provide, free of charge, pre-test ana post
duals to take action for their own protection. It includes informa test counseling for persons who avail of their HIV testing services.
tion on the nature of HIV/AIDS, its mode of transmis si.on and
causes. It discusses the issues of medical confidentiality, the Pre-test counseling shall include the following:
dig nity of the person afflicted with HIV/AIDS, the rights and
obligations of employers and employees towards persons with a) Purpose of HIV testing;
HIV/AIDS, and the particular vulnerability of women.
b) Other diseases that should be tested, if applic able;
c) Window period;
40. Subpoena ad testificandum - A proc edure of a competent cour t
inviting a person to testify as a witness during a court trial or any d) HIV test procedure;
investigation conduc ted under the laws of the Philippines. It is e) Meaning of a negative and a positive test result;
commonly referred to as subpoena. f) Guarantees of confidentiality and risk-free disclosure;

41 . Subpoena duces tec um - A procedure wher eby a competent

g) When the result is available and who can receive the
result;
court requires a person to appear in c our t to present or provide
specified documents and/or materials under her/his control h) Basic information on HIV/AIDS infection: nature, modes of
which may be used as evidence. transmission, risk behaviors andrisk reduction methods; and
i) Informed consent and prohibition of c ompulsor y testing
42. Termination
from work - Dismissal from work or the end of an under most circumstances.
employer-employee relationship.
Post-test counseling after a negative test result shall include
the following:
43. Tourist - A temporar y visitor staying at least 24 hours in the countr
y for a purpose classified as either holiday (recreation, leisure,
sport and visit to family, friends or relatives) , business, of ficial a) Release of the test result to the test person or legal guardian
mission, convention or health reasons. of minor;
b) Review of the meaning of negative test result;
44. Transient - A temporar y visitor who stays less than 2 4 hours in the c) Discussion of the test person' s immediate c onc erns;
countr y visited. d) Review of the basic information on HIV/AIDS infection; and
e) Provision of HIV/AIDS information literature and arrangement
45. Treatment or Care - A health, psyc hologic al, spiritual or social for a community referral, if necessary.
intervention extended to a person with HIV/AIDS.
Post-test counseling after a positive test result shall include the
46. Voluntary HIV Testing - HIV testing done on an individual who, following:
after having undergone pre-test counseling, willingly submits him
self/herself to said test. a) Release of the test result to the test person or legal guardian
of minor;
4 7 .Window Period - Period of time. usually lasting from two (2) weeks
b) Assistance and emotional support to the person in c
to six (6) months during which an HIV/AIDS infected individual will
oping with the positive ( + ) test result;
test "negative" for HIV antibodies but, since the HIV is present. he
or she is capable of transmitting the same. c) Discussion of the person's immediate concerns;
d) Review of the meaning of a positive test result;
e) Review of HIV/AIDS infection tr ansmission and risk
reduction;
f) Explanation of the importance of seeking health care
and supervision;
g) Arrangements for referral to health care and other c ommu-
 IMPLEMENTING RULES AND REGULATIONS RULE 2: EDUCATION AND INFORMATION

Any person who submits to anonymous HIV testing shall not be

RULE 2
required to provide a name, age, address or any other information
that may potentially identify the same. In the case of voluntary ano
EDUCATION AND INFORMATION
nymous HIV testing an identifying symbol is substituted for the
person's true name or identity. The symbol enables the laboratory
doing the test and the test person to mqtch the test result with the said
Section 5. Nature and Scope
symbol.

Section 30. Accreditation of HIV Testing Centers HIV/AIDS education and information shall consist of knowledge,
skills and attitude competencies. accessible and available to all
No person, firm. corporation, center. hospital. c linic, blood Filipinos, and targeted for the following groups:
bank
or laboratory shall perform HIV testing without acc reditation by the
DOH, through the BRL. in the Offic e for Health Facilities, Standards a) Students and teachers in the primar y, secondary, ter tiar
and Regulation (OHFSR). y and vocational schools;
b) Health workers and their clients in the government and
The accreditation standards for performing HIV testing provided private sectors;
in Administrative Order No. 55-A, s. 198 9 in ANNEX A shall be an c) Employers and employees in government and private
integral part of this IRR. except for Sections 7 .1 .6 and 9 .3 which are offices;
amended to read:
d) Filipinos going abroad;
Section 7. l.6. Reagents: The laborator y shall utilize e) Tourists and transients;
reagents, such as HIV kits, which have been registered with the f) Communities; and
BFAD, and evaluated and recommended by RITM. g) Population groups with relatively higher risk of acquiring or
transmitting HIV/AIDS.

·Sec tion 9.3. The names. age, sex and addresses of persons
Section 6. Purpose
confirmed to be seropositive (by Western blot, immunofluorescence
and radioimmune prec ipitation ass ay) shall be repor ted to
Provision of timely, accurate. adequate, appropriate and rele
AIDSWATCH as provided in Sec tion 3 8 of this !RR.
vant HIV education and information shall empower persons and
communities to think and act in ways that protect themselves from
SHAPCS and RITM shall convene a forum for consultation and
HIV infection, minimize the risk of HIV transmission and decrease
review of the technical and other related issues conc erning HIV
the socio-economic impact of HIV/AIDS.
testing annually or as needed. Participants of the forum shall include
r epr es entativ es of DOH, Philippine A s s oc iation of Medic al
Section 7. Content
Tes;hnologists (PAMET), Philippine Society f or Pathologists (PSP).
HIV test kit supplier s , c linical laboratories and blood banks, and
The standardized basic information on HIV/AIDS shall be the
individuals actively involved in HIV testing.
minimum content of an HIV/AIDS education and information
offering. Additional content shall vary with the target audience.
RITM shall serve as the national reference center for HIV testing.
Selection of content or topic shall be guided by the following
Section 31. Pre-Test and Post-Test Counseling
criteria:
All individuals, centers, clinics. blood banks or laboratories
 IMPLEMENTING RULES AND REGULATIONS
Accurate - Biomedical and tec hnical information is consis
tent with empirical evidence of the World Health Organiza
tion, the DOH, or other recognized scientific bodies. Pub
lished research may be cited to establish the acc uracy of
the information presented.
b) Clear - The target audience readily understands the content
and message.
Concise - The content is shor t and simple.
d) Appropriate- Content is suitable or acceptable to the target
audience.
e) Gender-sensitive - Content portrays a positive image or mes
sage of the male and female sex; it is neither anti-women
nor anti-homosexual.
f) Culture-sensitive - Content recognizes differences in folk
beliefs and practices, respects these differences and inte
grates, as much as possible, folkways and traditions that
are conducive to health.
g) Affirmative - Alarmist, fear-arousing and coercive
messages are avoided as these do not contribute to an
atmospher e conducive to a thorough disc ussion of
HIV/AIDS.
h) Non-moralistic and non condemnatory - Education and infor
mation materials or activities do not impose a particular moral
code on the target audience and do not condemn the atti
tudes or behaviors of any individual or population group.
i) Non-pornographic - Content or ac tivity informs and edu
cates and do not titillate or arouse sexual desire.
Section 8. Approac hes
A prototype module or instructional design shall be developed
on the standardized basic information on HIV/AIDS. Additional content
suitable to a selected target audience may be added on the prototype.
This HIV/AIDS education and information prototype shall
include the following:
instructional objectives;
content or topics and recommended time allocation;
RULE 4: TEST. SCREENING AND COUNSELING
or any other sexually transmitted disease and the virus
or disease is transmissible to the victim;
b) Upon order of the court when the determination of the HIV
status is necessar y to resolve relevant issues under
Executive Order No. 209, other wise known as the "Family
Code of the Philippines", particularly:
l . "Art. 45. A marriage may be annulled for any of the
following causes, existing at the time of the marriage:
(3) That the consent of either party was obtained by
fraud, unless such party after wards, with full know
ledge of the fac ts constituting the fraud, fr eely coha
bited with the other as husband and wife; and
(6) That either party was afflic ted with a sexually-trans
mitted disease found to be serious and appears to
be incurable.
Art. 46. Any of the following circ umstances shall consti
tute fraud referred to in number 3 of the preceding
Article:
(3) Conc ealment of sexually transmissible disease,
regardless of its nature, existing at the time of the
marriage; or
c) When complying with the provisions of Republic Act No.
71 70, other wise known as the "Organ Donation Act" and
the Republic Ac t No. 7719, other wise known as the
"National Blood Servic e Ac t".
c) teaching methods and activities;
d) evaluation methods and tools; and
e) recommended qualifications of resourc e persons.
Section 29. Anonymous HIV Testing

Anonymous HIV testing is a procedure whereby the identity

of the individual being tested is protected or not known. Two
methods of anonymous HIV testing ore the unlinked anonymous
and the voluntar y anonymous.
 IMPLEMENTING RULES AND REGULATIONS RULE 2: EDUCATION AND INFORMATION

valid medical or legal need for this record, no access shall be Partnership and consultation shall be used in the development
allowed as provided in Sections 39 and 42 of this IRR. of the HIV/AIDS education and information prototype. The Depart
ment of Health (DOH). through the Special HIV/AIDS Prevention and
Section 2 7. Prohibitions on Compulsor y HIV Testing Control Service (SHAPCS) shall develop the prototype, within six (6)
months from the effectivity date of this IRR, in partnership and consul
HIV Testing shall not be imposed as a precondition for the tation with the:
following:
a) Department of Education, Culture and Sports (DECS).
a) Employment; Commission on Higher Education (CHED) and Technical
b) Admission to an educational institution; Education and Skills Development Authority (TESDA);
c) Exerc ise of freedom of abode; b) Philippine Information Agenc y (PIA);
d) Entry or continued stay in the country; c) Department of Labor and Employment (DOLE);
e) Right to travel; d) Department of National Defense (DND)".
f) Provision of medical service or any kind of service; and e)Department of Foreign Affair s (DFA);
g) The enjoyment of human rights and civil liberties, including f) Department of Tourism (DOT) ;
the right to enter into marriage and conduc t a normal g) Department of Transportation and Communication (DOTC);
family life. h) Civil Service Commission (CSC); and
i) Representatives of private offices and NGOs
Section 28. Exception to the Prohibition on Compulsory
Suitability and flexibility shall be the basis for the adoption and
Testing The prohibition on compulsor y HIV testing shall be
modification of the prototype. The specific needs of each target
audience for HIV/AIDS education and information shall be
lifted in the
addressed by add-ons to the prototype.
following instances:

a) Upon a court order when a person is charged with the

crime
specified in the following: DOH, in collaboration with its partners, shall assure the quality of
the prototype through an annual review or as often as the need arises.
l. R.A. 3815 , as amended, or the "Revised Penal Code"
specifically the following Ar ticles: Section 9. Types of HIV/AIDS Education
and Information Offerings
i) Article 264 - Administering injurious substanc es; that he is afflicted with AIDS; and
ii) Article 3 5 - Rape;
3. R.A. 8353 or the "Anti-Rope Law of 1997 ," specifically Section 2 - Rape,
iii) Article 33 7 - Qualified seduction; and
when the offender knows that he is afflicted with Human lmmuno-
iv) Article 338 - Simple seduction Deficiency Virus HIVAIDS

2. R.A. 7659, or the "Death Penalty Act," specifically Sec

tion 1 1 , paragraph 5 - Rope, when the offender knows
 The HIV/AIDS education and information offerings
shall make appropriate use of the multi-media, namely:

o) Face-to-face instruc tion as in tutorials, classes,

seminars, workshops and discussion groups;
b) Print materials as in modules and other self-
instruc tional materials, brochures, flyers,
comic books, and magazines;
c) Audio and audio-visual activities and materials
as in jingles, cassette tapes, radio broadcast,
radio programs, film strips,
VHS and beta tapes, and TV programs; and
d) HIV/AIDS distance education where self-instruc
tional mate-
 IMPLEMENTING RULES AND REGULATIONS RULE 4: TEST. SCREENING AND COUNSELING

rials are sent to the target audience in accordance with R l) L E 4

adult learning principles.
TESTING, SCREENING AND COUNSELING
Section l0. Levels of HIV/AIDS Education and Information

HIV/AIDS education and information shall be conducted at the Section 26. Consent as a Requisite for HIV Testing
following levels:
A written informed consent shall be obtained before HIV testing.
a) Individual; Said consent shall be made by the:
b) Group;
c) Organization or institution; a) Individual to be tested;
d) Community;
e) Barangay; b) Parent of a minor; or
f) Municipal; c) Legal guardian of a mentally incapacitated person
g) Provincial;
h) Regional; and except for unlinked and voluntar y anonymous testing as provided
i) National for in Section 29 of this IRR.

Section ll. Structural Modes It is acceptable for a person being tested to use an assumed
name or code name instead of the real name and written informed
HIV/AIDS education and information shall have the following consent using said assumed or code name shall constitute lawful
struc tural modes: consent.

a) Formal - HIV/AIDS education and information is integrated
in existing or planned subjec ts or courses at the primary,
secondar y or tertiary levels of education;
b) Non-formal - HIV/AIDS education and information is part of
non-degree continuing professional education programs;
orientation, on-the-job training and in-servic e training; and
extension programs f or adult educ ation; and
In case the person is unable to write, a thumbprint shall
substitute for the signature on said consent.
A written consent of a person to act as a volunteer or donor of
his/her blood, organ or tissue for trans fusion, transplantation, or re
search shall be deemed a consent for HIV testing as provided in
Section 23 of this IRR.
)

c) Indigenous learning systems
Section l2. Training of HIV/AIDS Education and
Information Trainor s and Educators
The DOH, through the SHAPCS. in collabor ation with its partners
in the government and private sec tor s, shall undertake a national
and regional training program of trainers for the HIV/AIDS educ ation
and information campaign, at least onc e a year.
The DOH, through SHAPCS shall develop a prototype informed
consent form in English and any locally used Filipino dialect which
may be modified acc ordingly. The prototype c onsent form shall
include this excerpt from Section 16 of RA 8 504: "RA 8504 prohibits
the imposition of HIV testing as a precondition for employment, ad
mission to an educational institution. freedom of abode, entr y or
continued stay in the Philippines, the right to travel or the provision
of medical service or any other kind of servic e".
The duly accomplished informed consent record shall be kept
confidential in accordance with Section 41 of this IRR. Except for a
 IMPLEMENT/ NG RULES AND REGULATIONS
Pending the official issuance of the manuals by the DOH, the
following issuances, provided they are not in c onflic t with this IRR,
shall continue to be in effect:
a) Administrative Order No. 18 , s. 1 995 "Guidelines for the
Management of HIV/AIDS in Hospitals" (DOH, 2 1 November
1995);
b) IRR of Chapter XXI of the Code of Sanitation of the Philippines
(1997);
c) Guidelines for Infectious Disease Control in Hospitals by the
Committee Members for Hospital Policies on HIV/AIDS (DOH,
July 1997): and
d) Chapter 8, pages 39 to 44 of the Manual on Nosoc omial
Infections (DOH, December 1 993)
Section 25. Penalties for Unsafe Practices and Procedures
Unsafe practices and procedur es shall refer to the non-com
pliance with the recommended universal prec autions in Section
21
of this IRR.
The penalties of an individual c ommitting unsafe practices
and procedures shall be imprisonment for six (6) to twelve (1 2)
years, without prejudice to the imposition of administrative
sanctions such as, but not limited to the following:
a) Fines; and/or
b) Suspension or rev oc ation of lic e·ns e to prac tic e the
profession
Failure of the institution or agenc y to maintain safe practic
es and procedures as maybe required by the guidelines to be formu
lated in compliance with Sec tion 1 3 of RA 8 504, and Sec tion 2 4
of this IRR shall suffer the:
a) Cancellation of the permit or license of the institution or
agency; or
b) Withdrawal of the acc reditation of the hospital, laboratory
or clinic.
RULE 2: EDUCATION AND INFORMATION A
Qualifications of the participants for the training for trainers
shall include:
a) A health worker, teacher or individual working in the area
of human resource development:
b) A representative of a government or private offic e or
agency, school, NGO, community or local government unit
(LGU) that will offer HIV/AIDS educ ation and information
training; and
c) Commitment to offer an HIV/AIDS education and information
training for educators.
Trainers, in turn, shall conduc t the HIV/AIDS education and
infor mation training for educ ators at the group, organization,
school, and community or LGU levels.
Educators shall conduct the HIV/AIDS education and information
offerings at the individual, group, c ourse. organization, community
or LGU levels.
Other existing venues for the HIV/AIDS trainers and educator 's
training that may be considered by SHAPCS are the courses of the
various health profession education programs, continuing professio
nal education programs of the 42 nationally accredited professional
organizations and the human resource development programs of
the NGOs, academe and private agencies.
Section 13. HIV/AIDS Education in Sc hools
DECS, CHED and TESDA shall develop a school-based
HIV/AIDS education and information program which shall include
the HIV/AIDS education and information prototype, add- on
content, and the development and provision of multi-media
information and instruc tional materials to schools under their
respective jurisdic tions.
HIV/AIDS education shall be integrated into but not limited to
science and health, edukasyon pantahanan at pangkabuhayan
(EPP), sibil<a at kultura, good manners and right c onduc t (GMRC).
and Filipino at the elementar y level; in sc ience and technology, so
cial studies, physical education. health and music (PEHM) and
values education at the secondar y and tertiar y levels.
HIV/AIDS education
 IMPLEMENTING RULES AND REGULATIONS RULE 3: SAFE PRACTICES AND PROCEDURES

shall also be integrated by DECS into its non-formal education pro

gram and in the indigenous learning systems . Instructional materials
a) Surgical;
shall be provided f or such purposes . b) Dental;
c) Embalming;
DECS shall f urther strengthen its own sc hool-based AIDS d) Handling and disposition of c adavers, blood, organs or
education project through the development and printing of audio wastes of HIV ( + ) persons;
visual materials such as posters, comic s, flipc harts, modules,
e) Tattooing; and
tapes and film strips.
f) Other similar procedures
Flexibility in the formulation and adoption of appropriate
course content, scope and methodology in each educational level A separate manual for each procedure shall be developed
or group shall be allowed after consultations with the Parents-Teac and printed by the DOH within one (l) year from the effec tivity date
hers-Com munity-Association, association of private schools, sc of this IRR.
hool officials and other interest groups.
The development of the said manuals shall be in consultation
and coordination with:

Sec tion 14. HIV/AIDS Information as a Health Ser vic e a) Hospital associations;
b) Accredited professional organizations;
All efforts shall be exerted to provide inpatients with HIV/AIDS c) NGOs; and
educ ation. indiv idually or in gr oups , dur ing their per iod of
confinement in a clinic , hospital or medical center, both government
d) Experts from the academe
and private. The HIV/AIDS education prototype, as adopted and
modified to suit the needs of this target audience, shall be used for The manuals shall be formally signed and dated by the
this purpose. Secretary of Health and shall be incorporated as an integral part of
this IRR.

Outpatient clients of barangay health stations, rural health The manuals shall be distributed to the national, regional and
units; district, provincial and regional hospitals; private clinics and local agencies regulating the establishments where surgical, dental,
hospi tals; and government medical center s shall be given embalming, tattooing or similar proc edures are performed, to be
HIV/AIDS edu cation seminars or tutorials to the extent possible. used for the following:

Self-instructional HIV/AIDS materials shall be made available

a) Issuance of sanitary permits,
and accessible to inpatients and outpatients alike by the respec tive
health agencies. b) Accreditation, or
c) Renewal of permits

Government and private health facilities and private clinics shall HIV/AIDS education and information shall be an integral part
be encouraged by the SHAPCS to play HIV/AIDS education and infor of the work of the health workers and they shall be trained for this
mation audio and video tapes in the waiting, lounging and/or com purpose in accordance with Section l2 of this IRR.
mon rooms for their clients.
 The regulatory agencies issuing permits or accreditation shall
be responsible for the monitoring of the compliance to these
guidelines.

Each manual shall be reviewed and revised periodically.

Every revision or updated edition shall be distributed to the
regulatory agen cies for enforcement.
 IMPLEMENTING RULES AND REGULATIONS
Section 23. Requirements on the Donation, Acceptanc e and
Disposition of Blood, Tissue, or Organ
Only blood, tissue or organ testing negative (-) for HIV shall be
accepted by any laborator y or institution for transfusion or trans
plantation.
Before transfusion or transplantation, the recipient or his/her
immediate relative may demand, as a matter of right, a second HIV
test; except in an emergency case, as determined by the phy-sician,
when testing is not practical, feasible or available: Provided, That
said recipient or immediate relative consents, in writing, to the HIV
test waiver.
Donations of blood, tissue or organ testing positive (+ ) for HIV
shall be disposed of properly and immediately; or accepted for re
search purposes only by qualified medic al research organizations,
and subject to strict sanitar y disposal requirements as contained in
the DOH Manual of Nosoc omial Infections and Hospital Waste
Management.
Medical research organizations qualified to accept HIV-positive
( + ) blood, tissue or organ are those research institutions that have
an ethics review board that reviews the proc ess by whic h the
donation of said blood, tissue or organ was done and have the
facilities to properly handle and dispose of HIV-positive (+ ) blood,
tissue or organ donations.
Procedures and standards regarding donation, transpor t,
hand ling and disposal of blood, tissue or organs as contained in the
DOH Manual on Nosocomial Infections and Hospital Waste
Management which are not in conflict with this IRR shall c ontinue to
be in effect. Revisions in said procedures and standards shall be
.made known to all concerned personnel.
Section 24. Guidelines on Surgical and Similar Proc dures
Standards for the prevention of HIV tr ansmission enumerated
in the procedures for Universal Precautions found in Section 2 1 of
this IRR shall be observed during the following procedures:
RULE 2: EDUCATION AND INFORMATION JNAt..
Government agency members of the Philippine National AIDS
Council (PNAC) shall ensure that all public health workers are trained
on HIV/AIDS. ln the private sector, it shall be the responsibility of the
head of the health institution or agency to qualify the health workers
under his or her jurisdiction as trainers and educators for the HIV/
AIDS education and information program.
Section 15. HIV/AIDS Education in the Workplace
HIV/AIDS education shall be integrated in the orientation, trai
ning, continuing education and other human resource development
programs of employees and employers in all government and
private offices.
Each employer shall develop, implement, evaluate and fund
a workplace HIV/AIDS education and information program for all
their workers. The program shall include the following elements:
a) The HIV/AIDS education prototype and the modifications
therein, that are suited to the target audience;
b) List of trainers and other resource persons from the same or
other workplace(s);
c) Training sc hedule;
d) Self-learning information materials such as booklets, bro
chures, flyers and tapes;
e) Dissemination and distribution sc hedule of self -learning
materials; and
f) A monitoring and reporting sc heme
Monitoring and assessment of the workplace HIV/AIDS
education program in the private sector shall be the responsibility of
the DOLE, in collaboration with the DOH. The DOLE agencies in
charge shall be the Inter-Agency Committee on STD/HIV/AIDS,
chaired by the Occupational Safety and Health Center (OSHC) of
DOLE , as well as the Department's Regional Offic es. The Labor
Inspectorate under the DOLE Bureau of Working Conditions. shall be
responsible for enfor cing compliance to the HIV/AIDS Workplace
Program.
For members of the AFP and the PNP, this shall be the respon
sibility of the Armed Forces Chief of Staff and the Director General of
PNP, respectively. The Civil Service Commission (CSC) shall assist
in
 IMPLEMENTING RULES AND REGULATIONS RULE 3 : SAFE PRACTICES AND PROCEDURES

the monitoring and assessment efforts for all other groups in the easily accessible and available at places where there are tourists and
public sector. transients. These inc lude:

Upon inspection, employers shall present records and a) commonly-used modes of land, sea and air transport such as
materials of the HIV/AIDS education and information program and buses. ferries and ships, and airplanes:
related activities undertaken.

The quality of the HIV/AIDS education and information

program shall be under the Collective Bargaining Agreement, the
human resourc e development unit or its equivalent in the agenc y
or establishment.

Section 16. HIV/AIDS Education for Filipinos going abroad

Filipinos going abroad, consisting of all overseas Filipino

workers
(OFWs). as well as diplomatic, military, trade and labor officials and
staf f who will be assigned over seas, shall attend an HIV/AIDS
education seminar prior to departure.

For OFWs, the HIV/AIDS education seminar shall be part of the

Pre-Employment and Pre-Departure Orientation Seminars super
vised by the DOLE. For the diplomatic, military, trade and labor
officials and staff and their families, the appropriate agencies shall
integrate
·the HIV/AIDS education into their existing training programs.

The HIV/AIDS education prototype and the modifications made

therein, in partner ship with v arious agenc ies and sec tor s of
government and non-government organizations, to meet the specific
needs of the target audience shall be used for the seminar or
training program. Additional self-learning materials suc h as
brochure, flyers and/or tapes shall be available to eac h
participant.

Sec tion l 7 . Information Campaign for Tourists and Transients

HIV/AIDS information materials such as brochures, flyers,

posters.
audio and video tapes shall be prominently displayed or played,
 as health education and hospital infec tion control;
d) Facilitate inter- and intra-depar tmental/agency
coordina tion including referral system and
networking;
e) Perform training and research activities on HIV/AIDS;
f) Provide recommendations on hospital planning and
deve lopment related to HIV/AIDS;
g) Monitor complianc e of ethico-mor al guidelines for
HIV/AIDS including confidentiality of records dnd reports
and release of information;
h) Update records and submit repor ts to c oncerned
offices; and
i) Conduct monitoring and evaluation activities.

HACT shall be composed of five (5) to seven ( 7) members,

which may include, but is not limited to, the following:

a) Doctors;
b) Nurses;
c) Medical social workers; and
d) Medical technologists

The criteria for selecting HACT members include:

a) Commitment to accept responsibilities and perform the

tasks of HACT members;
b) With permanent position, resident physician or
specialist;
c) Willingness to undergo tr aining in clinical management
and c are of HIV/AIDS patients; and
d) High respect for medical confidentiality

In addition to the criteria for a HACT member, the criteria

for the selec tion of a HACT leader inc lude:

a) Commitment to accept responsibilities and perform the

tasks of a HACT leader;
b) High level of knowledge of the program, including
positive
attitudes for the clients of the program;
c) Preferably an infections disease consultant or an
internist with a permanent specialist position in the
hospital; and
d) Preferably has a direc t involvement in the care and
mana gement of patients in the hospital
 · IMPLEMENTING RULES AND REGULATIONS
RULE 2: EDUCATION AND INFORMATION

(dilution of l to l0). left for 30 minutes then carefully

wiped off by personnel wearing gloves.
e) Gown, gloves, mask and protective eyewear should be
worn, if possible, during surger y, childbirth and other
proce dures where contact with blood or body fluids is
likely.
f) Needles and sharp objects should be discarded
immediately after use in puncture-proof containers marked
BIOHAZARD. Do not bend or break needles by hand. Do
not recap used disposable needles.
g) Reusable needles and syringes should be handled with
extreme care and safely stored prior to cleaning and sterili
zation or disinfection
h) Linen soiled with blood or other body fluids should be
handled as little as possible. Gloves and a protective apron
should be worn while handling soiled linen.
i) Spec imens of blood and body substanc es should be
handled as potentially infectious.
b) international and domestic ports of entry and exi.,
c) passenger departure and waiting rooms of bus, ship and
airport terminals;
d) travel agencies, resorts and other tourist spots
e) restaurants and hotels; and
f) information center booths of the DOT.
The DOT and the DOTC shall produce, distribute and
disseminate the appropriate multi-media HIV/AIDS information
materials using the HIV/AIDS education prototype as basis. The DOT
and DOTC Regional Offices shall be adequately provided with these
information materials for distribution in their respective areas of
jurisdiction.
The DOT, DFA and the Department of Justic e (DOJ) through
the Bureau of Immigration (Bl). in collaboralion with tbe DOH, shall
monitor, coordinate and assess the HIV/AIDS information campaign
for tourists and transients.

Section 2 2. HIV/AIDS Core Teams Sec tion l8 . HIV/AIDS Education in Communities

All hospitals and other appropriate health care facilities shall management of HIV/AIDS patients:
establish an HIV/AIDS Core Team (HACT). b) Provide care and counseling to HIV/AIDS patients;
c) Promote prevention and control measures/strategies such
HACT is multi-disciplinary group of health workers with policy
making, implementing, coordinating, assessing, training, research
and other project development functions on matters related to the
diagnosis, management and care of HIV/AIDS patients and the pre
vention and control of HIV/AIDS infection in the hospital. Its primary
objectives are to fac ilitate the provision of safe, comprehensive and
c ompassionate c ar e to HIV/AIDS patients by properly tr ained
personnel; to mobilize hospital and c ommunity resources towards
minimizing the impact of HIV/ AIDS infection on the patient and his
family; and to coordinate all ef forts to prevent and contr ol the
transmission of HIV/AIDS infection.

The functions of HACT include:

Implement hospital guidelines on the c omprehensive c are and

 Local government units (LGUs) through their health, social
welfare anq population officers shall undertake an HIV/AIDS
educa•ion and information program in the community and shall
observe the allowing guidelines:

a) coordinate closely with ·concerned government c

gencies, NGOs, PLWHAs and other c ommunity-based
organizations;
b) cover the provincial, city, municipal, barangay
and household levels;
c) use the HIV/AIDS education prototype as basis and
modify the same to meet the needs of a specific target
audienc e:
d) utilize multi-media materials and sources; and
e) integrate the HIV/AIDS education and information program
into existing community-based HIV/AIDS prevention and
control programs and other health education programs of
the LGUs.

The provinc ial governor, c ity mayor, munic ipal mayor and
barangay captain, through their respec tive local development coun
cils shall produce the HIV/AIDS educ ation and information
campaign materials; and monitor, coordinate, assess and fund the
implementation of the HIV/AIDS education and information
campaign in communities.
 IMPLEMENTING RULES AND REGULATIONS RULE 3 : SAFE PRACTICES AND PROCEDURES

Section 19. Information on Prophylactics a) Advertisement of the benefits or use of non-presc ription
drugs, devices and treatments does not comply with the
A labeling material shall be attached to or provided with every specifications on indications and labeling as approved by
prophylactic offered for sale or given as donation and shall meet the Bureau of Food and Drugs (BFAD);
the following specifications: b) Advertisement offers false hopes in the form of a temporary
or permanent cure or relief; and
a) Printed information is in English and any locally used Filipino c) Reference to laborator y data, statistics and/or scientific
dialect; terms used in the advertisement or packaging comes from
b) Size of the labeling material is at least 60 square ems; doubtful sourc es or is not quoted accurately
c) Text is in font size six (6) or bigger ; and
d) One labeling material is provided for each pack of Violations of this specific Section shall be punishable with a
penalty of imprisonment for two (2) months to two (2) years. The same
prophylactic Each labeling material shall inc lude the following shall be without prejudice to the imposition of administrative sanctions
or the suspension or revocation of the professional or business
license.
information:

a) Date of expiry and date of manufac ture;

RULE 3
b) Statement that "sexual abstinence and mutual fidelitV are
effective strategies for the prevention of HIV/AIDS and SAFE PRACTICES AND PROCEDURES
STDs";
c) The statement "When used properly, the use of a condom is a
highly effective method of preventing most sexually Section 21 . Universal Precautions
transmitted diseases";
d) Instructions on the proper use of a condom; Universal Precautions is the basic standard of inf ection control.
e) Simple illustration that shows clearly the steps in the correc The underlying principle is to assume that all patients and staff are
t use of a condom; potentially infected with blood-borne pathogens such as HIV and
hepatitis B virus. Universal Precautions is intended to prevent trans
f) Advice against the use of non-water-based lubricants like
mission of infection from patient to staff, staff to patient. staff to staff,
baby oil or petrolatum jelly; and
and patient to patient.'
g) Advice that each condom is used only once
The procedures for Universal Precautions shall include:
The requirements in this Section shall apply one year after the
date of effectivity of this IRR. In the case of condoms supplied by
donor s, the receiving agency shall be responsible for meeting the
said requirements.

Section 20. Forms of Misleading Information outcomes of using the products and/or services being advertised.

Misleading ·information may take the form of false or deceptive Information shall be deemed misleading if:
advertisements. Further, it is misleading information when the presen
tation fails to reveal facts material to such presentation or the possible
 a) Standard hygienic procedures, especially handwashing, c) Any skin disease or injury should be adequately protec ted
should be followed at all times. with gloves or impermeable dressing to avoid contamination
b) Hospital or medical c enter guidelines for disinfec tion and with a patient's body fluids.
sterilization should be consulted and followed faithfully. d) Any spills of blood or other potentially contaminated mate
rial should be liberally c over ed with household bleac h

· . . .-
No. 3 to DepEd Order No. 45, s. 2012)
( En c lo s
Rgpublic of the Philippines .100 V81111 of Service;

g
ur e

& tV' " Civil Service Commission

Constitution Hills, Batasang Pambansa Complex, Dlliman 1126 Quezon City
CM! Service at Its B91t.

i,aa \\\\a
Announcement No. !!_, s. 2010

ANNOUNCEMENT

TO HEADS OF
CONSTITUTIONAL BODIES; DEPARTMENTS, BURE.AUS AND AGENCIES OF mE NATIONAL
GOVERNMENT; LOCAL GOVERNMENT UNITS; GOVERNMENT-OWNED AND/OR CONTROLLED
CORPORATIONS; AND STATE UNIVERSITIES AND COLLEGES

SUBJECT Guidelines in the Implementation of Workplace Poficy and Education

Program on HIV and AIDS.

Section 6 of Republic Act No. 8504 kn.own as The Philippine AIDS Prevention and Control Act of 1998 mandates that "all government and private
employees, workers, managers, and supervisors shall be provided with the standardized basic information and instruction on HIV and AIDS which
.shall include topics on confidentiality in the workplace and attitude towards infected employees and
workers".

Rule 2, Section 15 of the fmplementing Rules and Rei:,,ulation of R.A. No. 8504 states that "Monitoring and assessment of the workplace HTV & AIDS
education program in the private sector shall be the responsibility of the DOLE, in collaboration with the OOH." Further, "For members of the AFP and the PNP,
this shall be the responsibility of the Atmed Forces Chief of Staff and the Director General of PNP, respectively. The Civil Service Commission (CSC) shall assist in
the monitoring and assessment efforts for all other groups inthe public sector".
 Pursuant to its mandated role in ensuring the effective implementation of Republic Act No. 8504, the CSC supports the following guidelines in the
implementation of Workplace Policy and Education Program on IDV and AIDS to be undertaken by governrnent agencies:

I. Information on HlV and AfDS shall be integrated in the employee health programs in all government offices.
2. Government agencies shall maintain records and materials of the HIV and AIDS education and information program and related activities w1dertaken
for monitoring and reporting purposes.
3. HIV and AIDS awareness, considered as a gender concern in economic and social development programs, may be included in agency GAD activities.
4. Government agencies can tap members of the Philippine National AIDS Council and the Regional AIDS Assistance Teams (RAATs) for technical
assistance in the implementation of the Workplace Policy and Education Program on HIV and AIDS.
5. Government agencies are required to submit an annual report to the PNAC on the status of implementation of their ctive Workplace Policy and
Education Program on HfV and AIDS not later than the 15 of January the following year.

For inquiries and other concerns, you may contact Dr. Susan P. Gregorio of the PNAC Secretariat at telephone number 743-0512.

2 5 Mt.R 2010
It 931-7935/931-7939/931-8092 • Q c.scphil@csc.gov. ph • I) www.csc.gov.ph