MTLB

MEDICAL TECHNOLOGY CODE OF ETHICS PANUNUMPA NG PROPESYONAL
(REVISED ON MARCH 7, 1997) Ako si (PANGALAN) ng (TIRAHAN) ay taimtim na nanunumpa na itataguyod ko at

ipagtatanggol ang Saligang Batas ng Pilipinas na ako’y tunay na mananalig at tatalima rito,
AS I ENTER INTO THE PRACTICE OF MEDICAL TECHNOLOGY, I SHALL: na susundin ko ang mga utos na legal, at mga atas na ipinahayag ng mga sadyang itinakda
• Accept the responsibilities inherent to being a professional ng may kapangyarihan ng Republika ng Pilipinas; at kusa kong babalikatin ang
• Uphold the law and shall not participate in illegal work. pananagutang ito, ng walang ano mang pasubali o hangaring umiwas.
• Act in a spirit of fairness to all and in a spirit of brotherhood toward other members
Taimtim pa rin akong nanunumpa na sa lahat ng panahon at pook na kinaroroonan ay
of the profession.
mahigpit akong manghahawakan sa mga etikal at tuntuning propesyonal ng mga Medikal
• Accept employment from more than one employer only when there is no conflict of Teknolohist sa Pilipinas, at matapat kong gagampanan ng buong husay sa abot ng aking
interest. makakaya ang mga tungkulin at pananagutang iniatang sa isang itinakda na Medikal
• Perform my task with full confidence, absolute reliability and accuracy. Teknolohist.
• Share my knowledge and expertise with my colleagues.
• Contribute to the advancement of the professional organization and other allied Kasihan nawa ako ng Diyos.
health organizations. --------------------------------------------------------------------------------------------------------------------------------------
MEDICAL TECHNOLOGIST’S PRAYER
• Restrict my praises, criticisms, views and opinions within constructive limits.
O God, Who, by calling us to the vocation of a Medical Technologist, has placed upon us the
• Treat any information I acquired in the course of my work as strictly confidential. obligation of being a constant help in the scientific care of the sick, grant us by Thy divine light
• Uphold the dignity of my profession and conduct myself a reputation of reliability, a deep insight into the serious responsibilities of our tasks.
honesty and integrity.
• Be dedicated to the use of clinical laboratory science to promote life and benefit By Thy divine wisdom awaken in us a growing zeal and determination to increase our
mankind. knowledge of how to search for the underlying causes of sickness and disease; how to
• Report any violations of the above principles of the professional conduct to recognize the evidence of physical changes; how to make important chemical analyses, and
other valuable tests so helpful in caring for the sick.
authorized agency and to the ethics committee of the organization.
By Thy divine love permit us in this way to share with those who directly care for the sick, that
TO THESE PRINCIPLES, I HEREBY SUBSCRIBE AND PLEDGE TO CONDUCT MYSELF AT ALL TIMES IN thus we may be constantly working though the Eternal Physician, Christ, Our Lord. Amen.
A MANNER BEFITTING THE DIGNITY OF MY PROFESSION. --------------------------------------------------------------------------------------------------------------------------------------
PAMET HYMN (TITLE: BELOVED PAMET)
-------------------------------------------------------------------------------------------------------------------------------------- From various lands, races and places
OATH OF PROFESSIONAL With grateful hearts we raise our voices
I, (NAME) OF (ADDRESS) hereby solemnly swear, that I will support and defend the Constitution This day to our beloved PAMET
of the Republic of the Philippines; that I will bear true faith and allegiance to the same; that I From whence unity and love cometh
will obey the laws, legal orders, and decrees promulgated by the duly constituted authorities We join together in brotherhood
of the Republic of the Philippines; and that I impose this obligation upon myself voluntarily, To live up to thine ideals we should
without mental reservation or purpose of evasion. In fields advancement and learning
Thy noble goals maybe our bearing
I further solemnly swear, that at all times and places, I will adhere closely to the Ethical and Loyal and true we’ll be to thee
Professional Rules generally accepted by the Medical Technology profession in the Beloved PAMET this we say,
Philippines, and I will well and faithfully discharge, to the best of my ability, the duties and For service to God and humanity,
obligations, incumbent upon a legally authorized MEDICAL TECHNOLOGY practitioner. With joy we sing for thee ‘til eternity
--------------------------------------------------------------------------------------------------------------------------------------
So help me God.
“DON’T GIVE UP JUST BECAUSE THINGS ARE HARDER NOW.
-------------------------------------------------------------------------------------------------------------------------------------- INSTEAD, BE BETTER, BE STRONGER AND BE MORE MATURE.
GIVING UP DOESN’T SOLVE ANYTHING.”
HISTORY OF MEDICAL
TECHNOLOGY IN THE PHILIPPINES
MEDICAL TECHNOLOGY LAWS AND BIOETHICS (MTLB 211)
THE ORIGIN OF MEDICAL TECHNOLOGY
 EBERS PAPYRUS: medical technology education began when a book for

treatment of hookworm infection was published
 1550 B.C. : the discovery of intestinal parasites was recorded: ________ and
____________.
 PROF. RUTH WILLIAMS : An Introduction to the Profession of Medical Medieval
Period
 ANNA FAGELSON : in 14th Century, she believed that the medical technology
profession started when a prominent Italian doctor at the University of Bologna
employed Alessandra Gillani to perform different task in the laboratory.
 In the Philippines, the science of medical technology was introduced by the
___________________________________ at the end of World War II.
 The laboratory was established at ______________________
________________________________.
 In ______________, the 6th US Army left. ___________________ _______________ went to see
____________________________ (1st City Health Officer of Manila) and presented his
ideas and good intentions in the preservation of the lab, which was later
named _______________________________.
 It was in _______________________ when the laboratory now known as the Public
Health Laboratory was formally organized under the leadership of Dr. Pio De
Roda.
 The training of medical technicians started in _________________ under Dr. Pio De
Roda and Dr. Prudencia Sta. Ana.
 In _______, Dr. Sta Ana prepared a syllabus for a six-month training period.
THE BEGINNING OF MEDICAL TECHNOLOGY
EDUCATION IN THE PHILIPPINES
 The first 4 year BS Degree course in Medical Technology was offered by the _________________________ (now
:_________________________________________) in _____. After 2 years, the said school had its very first graduate,
____________________.
 Later on summer, other students also graduated: ___________________________ and ___________________________.
 During the school year 1957-1958, ___________________________ and _____________________ of the Faculty of
Pharmacy of UST offered medical technology as an elective to 4th and 5th year bs pharmacy students.
 Due to popularity of the said profession among pharmacy students, the regent back then,
_______________________________ decided to offer it as a course.
 It was in __________________, a temporary permit was issued by the Department of Education for its 1st to 3rd year
students; and then in _______________, the permit for the internship program was issued.
 The full recognition of the 4-year BS Medical Technology course was given on _________________.
 In Centro Escolar University (CEU), ______________________________________ undertook possibility study for offering
the course in the university and was granted permission by the university president, ____________________ and had
produced their first batch of graduates in _______.
 Far Eastern University (FEU) followed in establishing a school for medical technology, which was initiated by
______________________ and ______________________________.
 In 1961, it was granted by ______________________ (Dean) and _____________________ (Secretary). FEU School of
Medical Technology was finally opened in _______ and had their first graduates in _______.
MANILA SANITARIUM AND HOSPITAL (NOW: _____________________________________________)
 FIRST LABORATORY BASED IN THE PHILIPPINES
 Began in ____________ (managed by ___________________________)
 In ________, the 1st School of Medical Technology was opened here under the leadership
of __________________________ (FOUNDER OF MEDICAL TECHNOLOGY EDUCATION IN THE
PHILIPPINES).
THE PHILIPPINE ASSOCIATION OF MEDICAL TECHNOLOGISTS, INC. (PAMET, INC.)

 National organization of all _________________________________ in the Philippines.
 Organized by _________________________________ (FATHER OF PAMET)
 Organized at ______________________ at the ____________________________________
________________________________________.
 1ST NATIONAL CONVENTION was held at the ____________________________________
_____________________________________________________.
THE PAMET INSIGNIA
MEANINGS:
__________: CONTINUOUS INVOLVEMENT WHERE PRACTICE
AND EDUCATION MUST ALWAYS BE INTEGRATED
____________: TRILOGY OF _______, __________, AND
__________
___________________________: SCIENCE OF MEDICAL
TECHNOLOGY PROFESSION
*LETTERS ARE _________, SYMBOLIZING THE COLOR OF
________
*___________: YEAR OF FIRST PAMET ELECTION
WHY 1964 INSTEAD OF
PAMET CORE VALUES:
1963?
1. Integrity 2. Professionalism 3. Commitment
4. Excellence 5. Unity
PAMET PRESIDENTS
1ST: ______________________________ (1964-1967)

• EMERGENCE OF THE PROFESSION
• PRESIDENT FOR 3 CONSECUTIVE TERMS
• ON __________________, HE SUCCEEDED IN WORKING
FOR THE __________________________.
PAMET PRESIDENTS
2ND: _______________________________ (1967-1970)
• PROFESSIONAL RECOGNITION
• __________________________________
• HE WORKED FOR THE PASSAGE OF THE _____________
____________________ AND WAS SIGNED INTO LAW BY
_______________________________ INTO __________ ON
______________________.
• ORGANIZED THE ________________________________________IN 1969.
• REGISTRATION OF PAMET WITH THE SECURITIES AND EXCHANGE
COMMISSION ON __________________ (REGISTRATION NO. _______)
• REGISTRATION OF PAMET AND ITS MEMBERSHIP TO THE INTERNATIONAL
ASSOCIATION OF MEDICAL LABORATORY TECHNOLOGISTS IN EUROPE
ON ___________________.
• PREPARED THE _________________________________ WHICH WAS ADOPTED
BY THE PAMET ON _____________________.
• -PUBLICATION OF THE FIRST OFFICIAL NEWSPAPER OF PAMET:
“_____________”.
PAMET PRESIDENTS
3RD: __________________ (1970-1971; 1973-1977)*
• LEGISLATIVE AGENDA
• ONLY PRESIDENT WHO HAD SERVED FOR __________ AS PRESIDENT
• HE WORKED FOR THE APPROVAL OF __________ WHICH WAS
SIGNED BY FERDINAND E. MARCOS ON ____________________.
• INTEGRATED THE PAMET WITH THE _______ ON ___________________.
4TH: ______________________________ (1971-1973)

• CELEBRATION OF THE PROFESSION
• WORKED FOR THE AMENDMENTS OF THE _____________ (ABOUT
SALARIES OF MEDICAL PROFESSIONALS)
• PROCLAIM THE _____________ OF SEPTEMBER AS THE
___________________________.
PAMET PRESIDENTS
IMPORTANT NOTES ON THE MEDICAL TECHNOLOGY WEEK CELEBRATION

PRESIDENTIAL PROCLAMATION 1181: issued on SEPTEMBER 6, 1973 declared the 3rd
week of September as Medical Technology Week
5TH: ___________________ (JAN. 1973-SEPT. 1973)

• CAREER ADVOCACY
• ________ LADY PRESIDENT OF PAMET
• PAMET PRESIDENT WITH THE ___________ TERM OF OFFICE (_____________)
• WORKED FOR THE APPROVAL OF THE _______________ ________ THROUGH
THE BUREAU OF INTERNAL REVENEU (BIR)-THAT ALL RMT SHOULD PAY A
PROFESSIONAL TAX OF _________________.
PAMET PRESIDENTS
6TH: ______________________________ (1977-1981)

• EDUCATIONAL ENHANCEMENT
• _____________________ WERE MADE AS PART OF PAMET’S SERVICES TO
THE POOR AND UNFORTUNATE PEOPLE IN THE COUNTRY
• SERIES OF SEMINARS BEING CONDUCTED MONTHLY TO UPDATE THE
PROFESSION
• _____________________
7TH: ______________________________ (1982-1991):

• IMAGE BUILDING
• _______________________ ACCEPTANCE PROGRAM SCHOLARSHIPS FOR
DESERVING MED. TECH STUDENTS
• MEMBERSHIP OF PAMET WITH _____________________
______________________________________________.
• ADAPTED THE _____________ ON ________________.
PAMET PRESIDENTS
8TH: ______________________________ (1992-1996)

• PROACTIVISM
• _______________________________________
• CLOSE COORDINATION OF PAMET AND PASMETH
• PUBLICATION OF THE OFFICIAL PAMET NEWSPAPER: “____________”
• PUBLICATION OF THE OFFICIAL PAMET JOURNAL:
“_____________________________________________”
• MEMBERSHIP OF PAMET WITH ______________________________.
• INCLUSION OF ALL MEDTECHS TO ________________.
9TH: _____________________________ (1997-2000)

• INTERNATIONAL LEADERSHIP
• REVISED THE __________________________________ IN
_________________________.
• ADOPTED THE ____________________________.
PAMET PRESIDENTS
10TH: _____________________________________ (2001-2002; 2005-2006):

• ORGANIZATIONAL DYNAMISM
• INITIATED THE “_____________________”
• ___________________ OF R.A 5527 AND HOUSE BILL 4742 (BOARD OF
MEDICAL TECHNOLOGY)
11TH: _____________________________ (2003-2004)

• INTERDISCIPLINARY NETWORKING
• MEMORANDUM OF AGREEMENT WAS FORGED BETWEEN
___________________, WHERE PAMET HANDLED THE TRAINING OF
ANYLYSTS FOR ____________________________________________ ALL
OVER THE PHILIPPINES.
PAMET PRESIDENTS
12TH: _____________________________ (2007-2013):

• GLOBAL PERSPECTIVE
• LINKAGES WITH CHED ON POLICIES AND GUIDELINES FOR
__________________________________________.
13TH: ______________________________ (2013-2015):

• GLOBAL CELEBRATION
• FILED THE ________________________________ ON
__________________________ WHICH HIGHLIGHTS THE
UPGRADING OF MT SALARY FROM SALARY GRADE ____ TO
GRADE ____.
PAMET PRESIDENTS
14TH: __________________________ (2015-PRESENT):

• EMPOWERMENT
ADDITIONAL NOTES ON PAMET:
*TEVES LAW
• LAW THAT AIMED TO INCREASED THE ____________ OF MEDICAL TECHNOLOGISTS IN THE
PHILIPPINES.
• IT WAS ON ITS 3RD READING IN THE SENATE WHEN MARTIAL LAW WAS PROCLAIMED, SO THE
SAID PROJECT DIED.
*HAZARD PAY
________ OF BASIC MONTHLY SALARY IN GOVERNMENT PRACTICE
*PAMET HYMN
TITLE: ______________________
LYRICS: ______________________________________
MUSIC: ______________________________________
EDITOR: _____________________________________
FIRST HEARD IN PUBLIC DURING THE 25TH PAMET NATIONAL CONVENTION AT PHILIPPINE
INTERNATIONAL CONVENTION CENTER (PICC) ON _____________________.
*PAMET PRAYER
ADOPTED BY ____________________________
ADDENDUM:
___________________: ______________ WAS APPOVED CREATING THE
PROFESSIONAL REGULATION COMMISSION (PRC), AND RECOGNIZED
PAMET AS THE ONLY ACCREDITED PROFESSIONAL ORGANIZATION OF
RMT’S IN THE PHILIPPINES
PHILIPPINE ASSOCIATION OF SCHOOLS OF MEDICAL TECHNOLOGY AND

PUBLIC HEALTH, INC. (PASMETH)
• FORMED IN ________ IN THE HOPES OF MAINTAINING THE HIGHEST
STANDARDS OF MEDICAL TECHNOLOGY/ PHILIPPINE EDUCATION
AND TO FOSTER CLOSER RELATIONS AMONG THESE SCHOOLS.
• NATIONAL ORGANIZATION OF ALL
___________________________________ IN THE PHILIPPINES.
GOALS AND OBJECTIVES OF THE ORGANIZATION
 TO WORK FOR THE ENHANCEMENT AND CONTINUOUS
DEVELOPMENT OF MEDICAL TECHNOLOGY EDUCATION IN ORDER
THAT THE PROFESSION WILL BE OF MAXIMUM SERVICE TO THE
COUNTRY
 TO ENCOURAGE A THOROUGH STUDY OF THE NEEDS AND
PROBLEMS OF MT EDUCATION AND TO OFFER SOLUTIONS FOR THEM
 TO TAKE A UNITED STAND IN MATTERS WHICH AFFECT THE INTERESTS
OF MEDICAL TECHNOLOGY EDUCATION
 TO SEEK ADVICE, AID AND ASSISTANCE FROM ANY GOVERNMENT
OR PRIVATE ENTITY FOR THE FULFILLMENT OF THE ASSOCIATION’S
AIMS AND PURPOSES
HISTORY OF PASMETH
• IN __________________, _______________________ ______________________

APPOINTED DR. SERAFIN JULIANO AND DR. GUSTAVO REYES TO ORGANIZE AN
ASSOCIATION OF DEANS/HEADS OF SCHOOLS OF MT AND HYGIENE
• FIRST ORGANIZATIONAL MEETING WAS HELD AT _____ ON
_____________________.
• FIRST ANNUAL MEETING WAS HELD AT __________ ON ______________________
• FIRST SET OF OFFICERS WERE RE-ELECTED FOR A SECOND TERM ON
________________________
• IT WAS FORMALLY REGISTERED WITH THE SECURITIES AND EXCHANGE
COMMISSION ON ____________________ THRU THE COMMITTEE ON LEGISLATION
CHAIRED BY _____________________________ WITH THE HELP OF
_____________________________.
PAMET VS. PASMETH
FACTORS PAMET PASMETH
DATE OF ESTABLISHMENT May 13, 1970

September 15, 1963
PLACE OF ESTABLISHMENT at University of Santo Tomas

at the Manila Public Health Laboratory in
Sta. Cruz, Manila.
1ST APPOINTED PRESIDENT CHARLEMAGNE T. TAMONDONG Dr. Gustavo Reyes
First annual meeting was held at UST on

1ST NATIONAL ASSEMBLY at the conference hall of the Far Eastern
May 7, 1971
University Hospital at Morayta St., Manila on
September 20, 1964
SEC REGISTRATION on October 6, 1985
October 14, 1969 with Reg. No. 39570
RONALDO E. PUNO
CURRENT PRESIDENT DR. BERNARD EBUEN
CARMENCITA ACEDERA WORKED FOR THE CLOSER COORDINATION OF PAMET AND

PASMETH
HISTORY OF SCHOOLS THAT OFFERED MEDICAL TECHNOLOGY IN THE PHILIPPINES
1ST: _____________________________________________________
2ND: ____________________________________________________
3RD: ____________________________________________________
4TH: _____________________________________________________
5TH: _____________________________________________________
*PHILIPPINE UNION COLLEGE IS NOW KNOWN AS __________________________________________.

*MANILA SANITARIUM IS NOW KNOWN AS ________________________________________________.
*OUR LADY OF FATIMA UNIVERSITY (OLFU): OFFERED THE COURSE IN YEAR __________.
*UNIVERSITY OF THE PHILIPPINES-MANILA (UP-MANILA): OFFERS A SIMILAR COURSE, BUT THE
DEGREE BEING CONFERRED TO AS __________________________.
MEDICAL
TECHNOLOGY LAW
REPUBLIC ACT NO. 5527
REPUBLIC ACT NO. 5527 (R.A. 5527)
• DATE OF APPROVAL: JUNE 21, 1969

• TERM: Marcos Administration
• SIGNATORIES:
Gil J. Puyat (SENATE PRESIDENT)
Eliseo M. Tenza (SECRETARY OF SENATE)
J.B. Laurel Jr. (SPEAKER OF THE HOUSE)
Inocencio B. Pareja (SECRETARY OF THE HOUSE)
Ferdinand E. Marcos (PRESIDENT OF THE PHILIPPINES)
• NUMBER OF SECTIONS: 32
SECTIONS OF R.A. 5527
SECTION 1: TITLE
Philippine Medical Technology Act of 1969
SECTION 2: DEFINITION OF TERMS
TERM DEFINITION
An auxiliary branch of laboratory medicine which deals with the examination by various
chemical, microscopic, bacteriologic and other medical laboratory procedures or technique
MEDICAL TECHNOLOGY
which will aid the physician in the diagnosis, study and treatment of disease and in
the promotion of health in general.
A duly registered physician who is specially trained in methods of laboratory medicine, of the
gross and microscopic study and interpretation of tissues, secretions and excretions of the
PATHOLOGIST human body and its functions in order to diagnose disease, follows its course, determine the
effectivity of treatment, ascertain cause of death and advance medicine by means of
research.
A person who engages in the work of medical technology under the supervision of a pathologist
or licensed physician authorized by the Department of Health in places where there is no
MEDICAL TECHNOLOGIST pathologist and who having passed a prescribed course (Bachelor of Science in Medical
Technology/ Bachelor of Science in Hygiene) of training and examination is registered under the
provision of this Act.
A person who not being a graduate of Bachelor of Science in Medical Technology/Bachelor of
Science in Hygiene, but having passed the corresponding civil service examination, performs
MEDICAL TECHNICIAN the work of medical technology under the supervision of a registered medical technologist
and/or qualified pathologist.
TERM DEFINITION
ACCREDITED MEDICAL A clinical laboratory, office, agency, clinic, hospital sanitarium duly approved by the
TECHNOLOGY TRAINING Department of Health or its authorized agency.
LABORATORY
Any school, college or university which offers a course in Medical Technology
RECOGNIZED SCHOOL OF approved by the Department of Education in accordance with
MEDICAL TECHNOLOGY the requirements under this Act, upon recommendation of the council of medical
technology education.
COUNCIL The Council of Medical Technology Education established under this Act.
BOARD The Board of Examiners for Medical Technology established under this Act.
SECTION 3: COUNCIL OF MEDICAL TECHNOLOGY EDUCATION, ITS COMPOSITION

ORIGINAL COMPOSITION
• CHAIRMAN: Secretary of Education OR Director of Private Education
• VICE-CHAIRMAN: Director of the Bureau of Research and Laboratories of the Department of Health
• MEMBERS:
 Chairman and two members of the Board of Medical Technology,
 Dean of the Institute of Hygiene of the University of the Philippines,
 A representative of the deans or heads of the private schools of medical technology
 The president of the Philippine Association of Medical Technologists (PAMET)
 The president of the Philippine Society of Pathologists (PSP)
SECTION 4: COMPENSATION AND TRAVELING EXPENSES OF COUNCIL MEMBERS
• 25 Php FOR EVERY MEETING ACTUALLY ATTENDED
• MEETINGS AUTHORIZED PER DEIM SHALL NOT EXCEED TWICE IN A MONTH
• OFFICIALS RECEIVING REGULAR SALARIES FROM THE GOVERNMENT SHALL NOT RECEIVE PER
DEIM.
SECTION 5: FUNCTIONS OF THE COUNCIL OF MEDICAL TECHNOLOGY
 To recommend the minimum required curriculum for the course of medical technology.
 To determine and prescribe the number of students to be allowed to take up the medical technology course
in each school, taking into account the student-instructor ratio and the availability of facilities for instruction.
 To approve medical technology schools meeting the requirements and recommend closure of those found to
be substandard. To require all medical technology schools to submit an annual report, including the total
number of students and instructors, a list of facilities available for instruction, a list of their recent graduates and
new admissions, on or before the month of June.
 To inspect, when necessary, the different medical technology schools in the country in order to determine
whether a high standard of education is maintained in said institutions.
 To certify for admission into an undergraduate internship students who have satisfactorily completed three
years of the medical technology course or its equivalent and to collect from said students the amount of five
pesos each which money accrue to the operating fund of the council.
 Formulate and recommend approval of refresher course for applicants who shall have failed the Board
Examination for the third time.
 To promulgate and prescribe and enforce necessary rules and regulations for the proper implementation of
the foregoing functions.
SECTION 6: MINIMUM REQUIRED COURSE
• MEDICAL TECHNOLOGY COURSE SHALL BE AT LEAST 4 YEARS
• SHALL INCLUDE A 12 MONTH SATISFACTORY INTERNSHIP IN ACCREDITED LABORATORIES
• SHALL INCLUDE THE FOLLOWING SUBJECTS:
-ENGLISH -GENERAL PATHOLOGY
-GROSS ANATOMY -COLLEGE PHYSICS
-BIOCHEMISTRY -MICROBIOLOGY
-SOCIAL SCIENCE -GENERAL CHEMISTRY
-SPANISH -STATISTICS
-HISTOLOGY -CLINICAL LABORATORY METHODS
-GENERAL ZOOLOGY -QUALITATIVE CHEMISTRY
-PHYSIOLOGY
-BOTANY
-CLINICAL PARASITOLOGY
-MATHEMATICS
-QUANTITATIVE CHEMISTRY (HEMATOLOGY, SEROLOGY, BLOOD BANKING, CLINICAL
MICROSCOPY, APPLIED MICROBIOLOGY, AND PARASITOLOGY, HISTOPATHOLOGIC TECHNIQUES, AND
CYTO-TECHNOLOGY)
• The COUNCIL is hereby authorized, subject to the approval of the Secretary of Education to change,
remove from or add to the subjects listed above as the needs and demands of progress in the
science of medical technology may require.
SECTION 7: BOARD OF EXAMINERS FOR MEDICAL TECHNOLOGY

COMPOSITION OF THE BOARD OF EXAMINERS FOR MEDICAL TECHNOLOGY
 CHAIRMAN: PATHOLOGIST APPOINTED BY THE PRESIDENT OF THE PHILIPPINES (FROM PSP)
 MEMBERS: TWO MEMBERS WHO ARE REGISTERED MEDICAL TECHNOLOGISTS APPOINTED BY THE PRESIDENT
OF THE PHILIPPINES (FROM PAMET)
• ONLY THE PRESIDENT MAY APPOINT/REMOVE THEM FROM THE POSITION

• EACH ONE OF THEM SHALL SERVE A TERM OF 3 YEARS
• NO MEMBER SHALL BE ALLOWED FOR MORE THAN ONE RE-APPOINTMENT
• THE PRESIDENT OF THE PHILIPPINES SHALL FILL THE VACANCY THAT MAY OCCUR BUT THE APPOINTEE SHALL
SERVE ONLY THE UNEXPIRED TERM OF THE INCAPACITATED MEMBER
LATEST BOARD OF EXAMINERS FOR MEDICAL TECHNOLOGY
CHAIRMAN 1. Dr. Marilyn A. Cabal-Barza

MEMBERS 2. Ms. Marilyn R. Atienza
3. Ms. Marian M. Tantingco
SECTION 8: QUALIFICATIONS OF EXAMINERS
QUALIFICATIONS:
 FILIPINO CITIZEN
 GOOD MORAL CHARACTER
 QUALIFIED PATHOLOGIST OR DULY REGISTERED MEDICAL TECHNOLOGIST OF THE PHILIPPINES WITH THE
DEGREE OF BACHELOR OF SCIENCE IN MEDICAL TECHNOLOGY/BACHELOR OF SCIENCE IN HYGIENE
 NOT A MEMBER OF THE FACULTY OF ANY MEDICAL TECHNOLOGY SCHOOL, OR HAVE ANY PECUNIARY
INTEREST, DIRECT OR INDIRECT, IN SUCH INSTITUTION
*AFTER 3 YEARS OF APPROVAL, THE REQUIRED TERM SHALL BE REDUCED TO 5 YEARS.
SECTION 9: EXECUTIVE OFFICER OF THE BOARD
• THE COMMISSIONER OF CIVIL SERVICE SHALL BE THE EXECUTIVE OFFICER OF THE BOARD.
• HE/SHE SHALL ALSO BE THE SECRETARY OF THE BOARD.
• ROLE:
 SHALL KEEP A REGISTER OF ALL PERSONS TO WHOM CERTIFICATES OF REGISTRATION HAVE BEEN
GRANTED.
SECTION 10: COMPENSATION OF MEMBERS OF THE BOARD OF EXAMINERS FOR MEDICAL

TECHNOLOGY
EACH MEMBER OF THE BOARD SHALL RECEIVE:

• 10 Php: FOR EACH APPLICANT EXAMINED
• 5 Php: FOR EACH APPLICANT GRANTED A CERTIFICATE OF REGISTRATION (COR)
SECTION 11: FUNCTIONS AND DUTIES OF THE BOARD
 Administer the provisions of this Act
 Administer oaths in connection with the administration of this Act
 Issue, suspend, and revoke certificates of registration for the practice of medical technology
 Look into conditions affecting the practice of medical technology in the Philippines and, whenever
necessary, adopt such measures as may be deemed proper for the maintenance of good ethics and
standards in the practice of medical technology
 Investigate such violations of this Act or of the rules and regulations issued thereunder as may come to the
jurisdiction of the Board and, for this purpose issue subpoena and subpoena duces tecum to secure
appearance of witnesses and promulgations of documents in connection with charges presented to the
Board
 Draft such rules and regulations as may be necessary to carry out the provisions of this Act: Provided, that the
same shall be issued only after the approval of the President of the Philippines
SECTION 12: REMOVAL OF BOARD MEMBERS
GROUNDS FOR REMOVAL OF BOARD MEMBERS:
 NEGLECT OF DUTY,
 INCOMPETENCY,
 MALPRACTICE OR UNPROFESSIONAL, UNETHICAL, IMMORAL OR DISHONORABLE CONDUCT
• REMOVAL OF ANY MEMBER OF THE BOARD CAN BE DONE ONLY BY THE PRESIDENT OF THE PHILIPPINES.
• The member shall be given opportunity to defend himself in a proper administrative investigation.
• During the process of investigation, the President shall have the power to suspend such member under
investigation and appoint a temporary member in his place.
SECTION 13: ACCREDITATION OF SCHOOLS OF MEDICAL TECHNOLOGY AND OF TRAINING
LABORATORIES
• DEPARTMENT OF EDUCATION SHALL APPROVE SCHOOLS OF MEDICAL TECHNOLOGY
• DEPARTMENT OF HEALTH (NOW: CHED) SHALL APPROVE LABORATORIES FOR ACCREDITATION AS TRAINING
LABORATORIES FOR MEDICAL TECHNOLOGY STUDENTS OR POST-GRADUATE TRAINEES.
SECTION 14: INHIBITION AGAINST THE PRACTICE OF MEDICAL TECHNOLOGY
• No person shall practice or offer to practice medical technology as defined in this Act without having
previously obtained a VALID CERTIFICATE from the Board provided that registration shall not be required
of the following:
EXEMPTIONS (NOT REQUIRED TO SECURE CERTIFICATE OF REGISTRATION)
 Duly registered physicians
 Medical technologists from other countries called in for consultation or as visiting or exchange
professors to colleges or universities
 Medical technologists in the service of the United States Armed Forces stationed in the Philippines
SECTION 15: EXAMINATION
• All applicants for registration as medical technologists shall be required to undergo a WRIITEN
EXAMINATION which shall be given by the Board ANNUALY in the GREATER MANILA AREA,
CEBU and DAVAO during the month of AUGUST or SEPTEMBER on such days and places as the
Board may designate.
• Written notices of such examination shall be published in AT LEAST THREE NEWSPAPERS of
national circulation by the Secretary of the Board at least 30 DAYS days prior to the date of
examination.
UPDATE: EXAMINATION SITES: EXAMINATION DATES:
MANILA,BAGUIO,CAGAYAN  WEEKDAYS: WEDNESDAY AND THURSDAY
DE ORO, CEBU, DAVAO,  WEEKENDS: SATURDAY AND SUNDAY
ILOILO, TACLOBAN,
TUGUEGARAO,
ZAMBOANGA
*EXAMINATION SITE CHANGES DEPENDING ON THE
VOLUME OF LICENSURE EXAM TAKERS
SECTION 16: QUALIFICATION FOR EXAMINATION

QUALIFICATIONS: IF FOREIGNER: ABIDE SECTION 27 OF RA 5527
 GOOD HEALTH AND IS OF GOOD
MORAL CHARACTER RESIDENCY: AT LEAST 3 YEARS BEFORE EXAM APPLICATION; CERTIFIED BY:
 COMPLETED BSMT OR BS HYGIENE BUREAU OF IMMIGRATION
 OTHER PARAMEDICAL COURSES
PERFORMING MT FOR THE LAST FIVE
YEARS NON-MEDTECH GRADUATE WITH 5 YEARS OF EXPERIENCE:
(IF FOREIGNER, ABIDE BY SECTION 27)
____________
MEDTECH GRADUATE WITH 3 YEARS OF EXPERIENCE:
LAST DAY OF APPLICATION FOR _________________
EXAMINATION NON-MEDTECH GRADUATE WITH 8 YEARS OF EXPERIENCE:
• 20 DAYS BEFORE THE DATE ____________
OF EXAMINATION
*PROVIDED THAT THIS TOOK PLACE BEFORE
___________________________
SECTION 17: SCOPE OF COVERAGE AND EXAMINATION
SUBJECTS RELATIVE WEIGHT
CLINICAL CHEMISTRY 20%
MICROBIOLOGY AND PARASITOLOGY 20%
HEMATOLOGY 20%
BLOOD BANKING AND SEROLOGY 20%
CLINICAL MICROSCOPY 10%
(URINALYSIS AND OTHER BODY FLUIDS)
HISTOPATHOLOGIC TECHNIQUES 10%
NOTE:
•The Board shall prepare the schedule of subjects for examination and to submit the same to the
COMMISSIONER OF CIVIL SERVICE for publication at LEAST 4 MONTHS before the date of
examination.
•The Board shall compute the general average of each examinee according to the
abovementioned relative weights of the subjects: provided, however, that the Board may
change, add to or remove from the list of subjects or weights above, as progress in the science of
medical technology may require, subject to the prior approval of the council.
SECTION 18: REPORT OF RATING
• The Board shall, within 120 DAYS after the date of completion of the examination, report the result
thereof to the Commissioner of Civil Service, who shall submit such result to the President of the
Philippines for approval.
PROCESS:
UPDATE:
The Professional Regulation Commission (PRC) releases the Board Examination results within 3
WORKING DAYS.
SECTION 19: RATINGS IN THE EXAMINATION
3 CRITERIA TO PASS THE LICENSURE EXAMINATION:
 A GENERAL AVERAGE OF AT LEAST SEVENTY-FIVE PER CENT IN THE WRITTEN TEST
 NO RATING BELOW FIFTY PERCENT IN ANY OF THE MAJOR SUBJECTS
 HAS NOT FAILED IN AT LEAST SIXTY PERCENT OF THE SUBJECTS COMPUTED ACCORDING
TO THEIR RELATIVE WEIGHTS
NOTE:
No further examination will be given an applicant who has not qualified after three
examinations, unless and until he shall have completed 12 months refresher course in an
accredited medical technology school or 12-month postgraduate training in an accredited.
OPTIONS FOR REFRESHER COURSE:

 1 YEAR IN THE ACADEME
 1 YEAR HOSPITAL EXTERNSHIP
INSTITUTIONS THAT OFFER REFRESHER COURSE:
 CENTRO ESCOLAR UNIVERSITY (CEU)
 TRINITY UNIVERSITY OF ASIA (TUA)
 ILIGAN MEDICAL CENTER COLLEGE
SECTION 20: OATH TAKING

• All successful examinees shall be required to take a professional oath before
the BOARD or before ANY PERSON AUTHORIZED TO ADMINISTER OATHS prior
to entering upon the practice of medical technology in the Philippines.
SECTION 21: ISSUANCE OF CERTIFICATE OF REGISTRATION
• Every applicant who has satisfactorily passed the required examination, shall be issued a
CERTIFICATE OF REGISTRATION as Medical Technologist: provided, that no such certificate
shall be issued to any successful applicant who has not attained the age of 21 .
• All certificates shall be signed by ALL MEMBERS OF THE BOARD and attested by its
SECRETARY. (UPDATE: also includes the signature of CHAIRMAN)
• The duly registered medical technologist shall be required to display his certificate of
registration in the place where he works.
(HOW ABOUT IF ONE IS NOT AWARE OF THE LAW? _________________________________)
THE BOARD MAY ISSUE C.O.R WITHOUT EXAMINATION TO THE FOLLOWING:
 GRADUATE OS BSH/BSMT, FOREIGN COUNTRIES WITH 3 YEARS IN THE PRACTICE,
 GRADUATE OF PARAMEDICAL PROFESSION WITH 5 YEARS EXPERIENCE
_____________________________________________________________________________
SECTION 22: FEES
AMOUNT PURPOSE/TRANSACTION
50 Php EACH APPLICANT FOR EXAMINATION AND REGISTRATION
25 Php ISSUANCE OF C.O.R WITHOUT EXAMINATION
10 Php ISSUANCE OF NEW CERTIFICATE
SECTION 23: REFUSAL TO ISSUE CERTIFICATE
GROUNDS FOR REFUSAL TO ISSUE C.O.R:
 CONVICTED BY A COURT of competent jurisdiction of any guilty of immoral or dishonorable conduct,
 UNSOUND MIND, OR
 INCURABLE COMMUNICABLE DISEASE,
SECTION 24: ADMINISTRATIVE INVESTIGATION-REVOCATION OR SUSPENSION OF

CERTIFICATES
• Administrative investigations shall be conducted by at LEAST 2 MEMBERS of the Board
with 1 LEGAL OFFICER.
• SUSPENSION: MAJORITY VOTE ; SHALL NOT EXCEED 2 YEARS
• REVOCATION: UNANIMOUS VOTE OF ALL THE THREE MEMBERS OF THE BOARD
NOTE:
• When the penalty of suspension or revocation is imposed by the Board, the medical
technologist shall be required to surrender his certificate of registration within 30 days after the
decision becomes final.
• Failure to do so may lead to perpetual disqualification from the practice of medical technology
in the Philippines.
• The suspension shall run from the date of such surrender.
SECTION 25: APPEAL
• The revocation or suspension of a certificate made by the Board shall be subject
to appeal to the CIVIL SERVICE COMMISSIONER whose decision shall become final
30 days after its promulgation, unless the respondent within the same period has
appealed to the office of the President of the Philippines.
SECTION 26: REINSTATEMENT, RE-ISSUE, OR REPLACEMENT OF CERTIFICATES

• The Board may, upon application and for reason deemed proper and sufficient,
reissue any revoked registration certificate.
• The suspension of a certificate of registration shall be automatically lifted upon the
expiration of the period of suspension and said certificate shall be re-issued to the
medical technologist concerned upon request without prejudice to further actions
by the Board for violation of the provisions of this Act or conditions imposed by the
Board upon the medical technologist during the period of suspension.
SECTION 27: FOREIGN RECIPROCITY

• No foreigner shall be admitted to examination, or be given a certificate of
registration or be entitled to any of the rights and privileges under this Act,
unless the country or state which he is a subject or a citizen permits Filipino
Medical Technologists to practice within its territorial limits on the same basis
as the subjects or citizens of said country or state.
SECTION 28: ROSTER OF MEDICAL TECHNOLOGISTS

• A roster of Medical Technologists shall be prepared ANNUALY by the SECRETARY OF
THE BOARD, commencing on the year following that in which the Act shall become
effective.
• The roster shall be open to public inspection, and copies thereof shall be mailed to
each person included therein, placed on file in the Office of the President,
furnished all Department Heads and all agencies, offices and instrumentalities of
the Department of Health and to such other offices, private or governmental, and
to the public upon request.
SECTION 28: ROSTER OF MEDICAL TECHNOLOGISTS
ROSTER OF MEDICAL TECHNOLOGISTS SHALL CONTAIN:
 NAME
 ADDRESS
 CITIZENSHIP
 DATE OF ISSUANCE OR ISSUANCE OF CERTIFICATE
 OTHER DATA WHICH IN THE OPINION OF THE BOARD ARE PERTINENT
SECTION 29: PENAL PROVISIONS

• Without prejudice to the provision of the Medical Act of 1959 as amended, pertaining to
illegal practice of Medicine, the following shall be punished by a fine of not less than two
thousand pesos nor more than five thousand pesos, or imprisonment for not less than six
months nor more than two years, or both in the discretion of the court:
(a) Any person who shall practice Medical Technology in the Philippines without
being registered or exempted from registration in accordance with the provisions of the Act;
(b) Any medical technologist, even if duly registered, who shall practice medical
technology in the Philippines without the necessary supervision of a qualified pathologist or
physician authorized by the Department of Health;
SECTION 29: PENAL PROVISIONS
(c) Any medical technologist who shall knowingly made a fraudulent laboratory report;
(d) Any duly registered medical technologist who shall refuse or fail, after due warning by the Board to
display his certificate of registration in the place where he works;
(e) Any person presenting or attempting to use as his own, the certificate of registration of another;
(f) Any person who shall give any false or fraudulent device of any kind to the Board of any member
thereof obtaining a certificate of registration as Medical Technologist;
(g) Any person who shall impersonate any registrant of a fake or the same name;
(h) Any person who shall attempt to use a revoked or suspended certificate of registration;
(i) Any person who shall in connection with his name otherwise, assume, use or advertise any title or
description tending to convey the impression that he is a Medical Technologist without holding a valid certificate of
registration;
(j) Any person who shall violate any provision of this Act; or
(k) Any person or corporate body who shall violate the rules and regulations of Board or orders
promulgated by it after having been duly approved and issued by the President of the Philippines upon
recommendation of the
SECTION 30: SEPARABILITY CLAUSE
• If any provision of this Act or the application of such provision to any person or circumstance
is declared invalid by a court of competent jurisdiction, the remainder of this Act or of the
application of such provision to other persons or circumstances shall not be affected by such
declaration.
SECTION 31: REPEALING CLAUSE

• All Acts, executive orders, rules and regulations, or parts thereof inconsistent with the
provisions of this Act are hereby repealed: Provided, however, That nothing in this Act shall
be construed as repealing or amending any portion of the Medical Act of 1959 (R.A. 2382, as
amended by R.A. 4224), the Clinical Laboratory Act of 1966 (R.A. 4688), and the Blood
Banking Law of 1956 (R.A. 1517).
SECTION 32: EFFECTIVITY

• This Act shall take effect upon its approval.
OUR LADY OF FATIMA UNIVERSITY-QUEZON CITY MEDICAL TECHNOLOGY LAWS AND BIOETHICS (MTLB 211)
COLLEGE OF MEDICAL LABORATORY SCIENCE LECTURE GUIDE NOTES NO. 3
AMENDMENTS OF R.A 5527
R.A.6138 P.D.498 P.D.1534
DATE OF
APPROVAL
NUMBER OF
SECTIONS
AMENDED
SECTION 2 -------------------------------------------- SECTION 2: DEFINITION OF TERMS ------------------------------------------
As used in this Act, the following terms
shall mean:
a) Practice of Medical Technology- A
person shall be deemed to be in the
practice of Medical Technology within
the meaning of this Act, who shall for a
fee, salary or other compensation or
reward paid or given directly or indirectly
through another, renders any of the
following professional services for the
purposes of aiding the physician in the
diagnosis, study and treatment of
diseases and in the promotion of health in
general:
1. Examination of tissues, secretions and

excretions of the human body and body
fluids by various electronic, chemical,
microscopic, bacteriologic, hematologic,
serologic, immunologic, nuclear, and
other laboratory procedures and
techniques either manual or automated
2. Bloodbanking procedures and
techniques
3. Parasitologic, Mycologic and
Microbiologic procedures and
techniques;
4. Histopathologic and Cytotechnology;
provided that nothing in this paragraph
shall inhibit a duly registered medical
laboratory technician from performing
histopathologic techniques and
procedures
5. Clinical research involving patients or
human beings requiring the use of and/or
PREPARED BY: ROILAND A. BAYBAYON, RMTAMENDMENTS OF R.A. 5527: R.A. 6138, P.D. 498, & P.D. 1534
application of medical technology
knowledge and procedures;
6. Preparations and standardization of
reagents, standards, stains and other,
provided such reagents, standards, stains
and others are exclusively for the use of
their laboratory;
7. Clinical laboratory quality control
8.Collection and preservation of
specimens
Provided, that any person who has

passed the corresponding Board
examination for the practice of a
profession already regulated by existing
laws, shall not be subject to the provisions
of the last four (4) preceding paragraphs
if the performance of such acts or services
is merely incidental to his profession.
d) Medical Laboratory Technicians – A

person certified and registered with the
Board as qualified to assist a medical
technologist and /or qualified pathologist
in the practice of medical technology as
defined in this Act
SECTION 3 -------------------------------------------- SECTION 3: COUNCIL OF MEDICAL SECTION 3: COUNCIL OF MEDICAL
TECHNOLOGY EDUCATION, ITS TECHNOLOGY EDUCATION, ITS
COMPOSITION- COMPOSITION-
There is hereby established a Council of There is hereby established a Council of
Medical Technology Education, hereafter Medical Technology Education,
referred to as Council, which shall be hereafter referred to as Council, which
composed of the Commissioner of the shall be composed of the Director of
Professional Regulation Commission as Higher Education as Chairman; the
Chairman of the Board of Medical Chairman of the Professional Regulation
Technology as Vice-Chairman, and the Commission as Vice-Chairman; and the
two (2) members of the Board of Medical Director of the Bureau of Research and
Technology, and the Director of Private Laboratories of the Department of
Education or its duly authorized Health, the Chairman and two (2)
representative, the Director of Bureau of members of the Board of Medical
Research and Laboratories of the Technology, a representative of the
Department of Health, and a Deans of Schools of Medical
representative of the deans or heads of Technology and Public Health, and the
the private schools of medical Presidents of the Philippine Society of
technology, as members. Pathologists and the Philippine
Association of Medical Technologists, as
members.
SECTION 4 ------------------------------ SECTION 4: COMPENSATION AND ------------------------------------------
TRAVELING EXPENSES OF COUNCIL
MEMBERS –
For every meeting actually attended, the
Chairman shall be entitled to fifty pesos
(P50) per diem while the members shall
be entitled to twenty-five pesos (P25)
each regardless of whether or not they
receive regular salaries from the
government. In addition, the Chairman
and members of the Council shall be
entitled to traveling expenses in
connection with their official duties.
SECTION 7 -------------------------------------------- SECTION 7: MEDICAL TECHNOLOGY ------------------------------------------

BOARD-
There is hereby created a Medical
Technology Board under the Professional
Regulation Commission, which shall
thereafter be referred to as the Board
composed of Chairman who is a
Pathologist, and two (2) members who
are registered medical technologists who
shall be appointed by the President of the
Republic of the Philippines upon
recommendation of the Professional
Regulation Commission. The Chairman
and members of the Board shall hold
office for three (3) years after
appointment or until their successors shall
have been appointed and duly qualified;
Provided that the incumbent members
will continue to serve until expiration of
their terms.
In case of death, disability, or removal of

a member of the Board, his successor shall
serve only the balance of his terms
SECTION 8 -------------------------------------------- SECTION 8: QUALIFICATION OF SECTION 8: QUALIFICATION OF

EXAMINERS- EXAMINERS-
No person shall be appointed as a No person shall be appointed as a
member of the Medical Technology member of the Medical Technology
Board unless he or she: Board unless he or she is a qualified
Pathologist or a duly registered Medical
3. Is a duly registered medical Technologist of the Philippines with the
technologist of the Philippines with the degree of Bachelor of Science in
degree of Bachelor of Science in Medical Medical Technology/Bachelor of
Technology, Bachelor of Science in science in Hygiene/Public Health.
Hygiene/Public Health
5. Is not a member of the faculty of any

medical technology school for at least (2)
years prior to appointment or having any
pecuniary interest direct or indirect in
such institution.
SECTION 11 -------------------------------------------- SECTION 11: FUNCTIONS AND DUTIES OF ------------------------------------------
THE BOARD-
(e) Issue, suspend and revoke certificates
of registration for the practice of medical
technology and laboratory technician;
(g) To determine the adequacy of the
technical staff of all clinical laboratories
and blood banks before they could be
licensed with the Department of Health in
accordance with R.A 4655 and 1517;
(h) To prescribe the qualification and
training of medical technologist as to
special fields of the profession and
supervise their specialty examination
conducted by the professional
organization of medical technologists
accredited by the Professional Regulation
Commission;
(i) To classify and prescribe the

qualification and training of the technical
staff of clinical laboratories as to: Chief
Medical Technologist; Senior Medical
Technologist; Medical Technologist and
Medical Laboratory Technician.
SECTION 13 -------------------------------------------- SECTION 13: ACCREDITATION OF SCHOOLS SECTION 13: ACCREDITATION OF
OF MEDICAL TECHNOLOGY AND OF SCHOOLS OF MEDICAL TECHNOLOGY
TRAINING LABORATORIES- AND OF TRAINING LABORATORIES-
Upon the recommendation of the The Department of Education and
Medical Technology Board, the Culture shall approve schools of
Department of Education and Culture Medical Technology in accordance
shall approve schools of Medical with the provisions of this Act, as
Technology in accordance with the amended, in conjunction with the
provisions of this Decree. The Professional Board of Medical Technology. The
Regulation Commission for accreditations Department of Health through the
as training laboratories for medical Bureau of Research and Laboratories
technology students or post graduate shall approve laboratories for
trainees upon satisfactory evidence that accreditation as training laboratories for
said laboratories possess qualified medical technology students or post
personnel and are properly equipped to graduate trainees upon satisfactory
carry out laboratory procedures evidence that said laboratories possess
commonly required in the following fields: qualified personnel and are properly
Bacteriology, Serology, Parasitology, equipped to carry out laboratory
Hematology, Biochemistry, and Blood procedures commonly required in the
Banking, and that the scope of activities following fields: Bacteriology, Serology,
of said laboratory offer sufficient training Parasitology, Hematology, Biochemistry,
in the said laboratory procedures. and Blood Banking, and that the scope
of activities of said laboratory offer
sufficient training in the said laboratory
procedures.
SECTION 16 SECTION 16: QUALIFICATION FOR SECTION 16: QUALIFICATION FOR ------------------------------------------
EXAMINATION- EXAMINATION-
(a) Is in good health and is of good moral (b) Has completed a course of at least
character; four (4) years leading to the degree of
(b) Has completed a course of at least Bachelor of Science in Medical
four (4) years leading to the degree of Technology or Bachelor of Science in
Bachelor of Science in Medical Public Health conferred by a recognized
Technology or Bachelor of Science in school, college or university in
Hygiene conferred by a recognized accordance with this Decree or having
school, college or university in graduated from some other profession
accordance with this Act or having and has been actually performing
graduated from some other paramedical medical technology for the last five (5)
profession and has been actually years prior to the date of the
performing medical technology for the examinations, if such performance began
last five (5) years prior to the date of the prior to June 21, 1969.
examinations, if such performance began
prior to the enactment of this Act.
SECTION 17 -------------------------------------------- SECTION 17: SCOPE OF EXAMINATION- ------------------------------------------

The Board shall prepare the schedule of
subjects for the examination and to
submit the same to the Commissioner of
the Professional Regulation Commission
for publication at least thirty (30) days
before the date of the examination. The
Board shall compute the general average
of each examinee according to the
above-mentioned relative weights of
each subject. Provided, however, that the
Board may change, add to or remove
from the list of subjects or weights above
as progress in the science of Medical
Technology may require, subject to the
prior approval of the Professional
Regulation Commission, and publication
of the change or amendment at least
three (3) months prior to the date of
examination in which the same is to take
effect.
SECTION 21 SECTION 21: ISSUANCE OF CERTIFICATE OF SECTION 21: ISSUANCE OF CERTIFICATE OF ------------------------------------------
REGISTRATION- REGISTRATION-
Provided, that upon application filed after Provided, that upon application filed and
the approval of this Act not later than 90 the payment of the required fee of one
days after the Board shall have been fully hundred and fifteen pesos (P115) the
constituted, the Board shall issue a Board shall issue a certificate of
certificate of registration without registration as medical technologist
examination to persons who have been without examinations to persons who
graduated with a Bachelor of Science in have been graduated with Bachelor of
Hygiene and/or Bachelor of Science in Science in Medical Technology/Bachelor
Medical Technology in duly recognized of Science in Public Health in duly
schools of medical technology in the recognized schools of medical
Philippines or foreign countries who have technology in the Philippines or in any
been in the practice of medical foreign country, provided, that in case of
technology, for at least three (3) years the latter, the standard of medical
prior to the filing of the application, in technology education is substantially the
laboratories in the Philippines or in foreign same as ours, and in addition shall have
countries duly accredited by the Bureau been in the practice of medical
of Research and Laboratories, technology for at least three (3) years
Department of Health, and also to all prior to the filing of the application in
other persons who having graduated laboratories in the Philippines duly
from other paramedical professions are accredited by the Bureau of Research
already civil service eligible by authority of and Laboratories, Department of Health,
other Boards of profession and who have or in foreign countries if such performance
been actually performing medical began prior to June 21, 1969 and also to
technology practice for the last five (5) all other persons who having graduated
years prior to the filing of the application. from other professions have been actually
performing medical technology practice
for at least eight (8) years prior to filing of
the application, provided that such
performance began prior to June 21, 1969
Provided, further, that the Board shall

likewise issue a certificate of registration
as medical laboratory technician without
examination to any person who upon
application and payment of the required
fee of fifty pesos (P50) show evidence
satisfactory to the Board that:
1. He or she passes the civil service
examination for medical technician given
on March 21, 1964 or;
2. Has finished a two-year college course
and has at least one (1) year of
experience as medical laboratory
technician, provided, that for every year
of deficiency in college attainment, two
(2) years of experience maybe
substituted; provided, further, that an
applicant who has at least ten (10) year
experience as medical laboratory
technician as of the date of approval of
this Decree regardless of his academic
attainment may qualify for registration
without examination; or
3. Has failed to pass the board
examination for medical technology but
had obtained a general rating of at least
70%. Provided, finally, that a registered
medical laboratory technician when
employed in the government shall have
the equivalent civil service eligibility not
lower than second grade.
SECTION 22 SECTION 22: FEES- -------------------------------------------- ------------------------------------------
The Board shall charge each applicant for
examination and registration the sum of
fifty pesos, of which the sum of ten pesos
shall be for registration, and for each
certificate of registration issued without
prior examination in accordance with the
provisions of this Act the sum of twenty-
five (P25), for issuance of a new
certificate to replace a certificate lost,
destroyed, or mutilated, the Board shall
charge the sum of ten pesos (P10). All
such fees shall be paid to the disbursing
officer of the Civil Service Commission
who shall pay from the receipts thereof,
all authorized expenses of the Board
including the compensation of each
member.
SECTION 29 -------------------------------------------- SECTION 29: PENAL PROVISIONS- ------------------------------------------
(j) Any person or corporate body who
shall allow anyone in his employ who is
not a registered medical/medical
laboratory technician to engage in the
practice of medical technology or
recommend for appointment anyone to
the position of medical
technologist/medical laboratory
technician knowing that he is not
registered as such.
MEDTECH LAWS AND BIOETHICS
WEEK 5: PRELIMS issue such rules and regulations as may be necessary to carry out its
provisions.
R.A. 4688 CLINICAL LABORATORY ACT OF 1966
SECTION 4. Any person, firm or corporation who violates any
DATE OF APPROVAL: JUNE 18, 1966
provisions of this Act or the rules and regulations issued thereunder by
NUMBER OF SECTIONS: 8 the Secretary of Health shall be punished with imprisonment for not less
than one month but not more than one year, or by a fine of not less than
TERM: ___________________________________ one thousand pesos nor more than five thousand pesos, or both such
AN ACT REGULATING THE OPERATION AND MAINTENANCE OF fine and imprisonment, at the discretion of the court.
CLINICAL LABORATORIES AND REQUIRING THE
SECTION 5. If any section or part of this Act shall be adjudged by any
REGISTRATION OF THE SAME WITH THE DEPARTMENT OF
court of competent jurisdiction to be invalid, the judgment shall not
HEALTH, PROVIDING PENALTY FOR THE VIOLATION
affect, impair, or invalidate the remainder thereof.
THEREOF, AND FOR OTHER PURPOSES
SECTION 6. The sum of fifty thousand pesos, or so mush thereof as
SECTION 1. Any person, firm or corporation, operating and may be necessary, is hereby authorized to be appropriated, out of any
maintaining a clinical laboratory in which body fluids, tissues, funds in the National Treasury not otherwise appropriated, to carry into
secretions, excretions and radioactivity from beings or animals are effect the provisions of this Act.
analyzed for the determination of the presence of pathologic
organisms, processes and/or conditions in the persons or animals from SECTION 7. All Acts or parts of Acts which are inconsistent with the
which they were obtained, shall register and secure a license annually provisions of this Act are hereby repealed.
at the office of the Secretary of Health: provided, that government
SECTION 8. This Act shall take effect upon its approval.
hospital laboratories doing routine or minimum laboratory examinations
shall be exempt from the provisions of this section if their services are
extensions of government regional or central laboratories.
OTHER CLINICAL LABORATORY LAWS TO TAKE NOTE
SECTION 2. It shall be unlawful for any person to be professionally
in-charge of a registered clinical laboratory unless he is a licensed BASIC LICENSE REQUIREMENT – Any person, firm or corporation
physician duly qualified in laboratory medicine and authorized by the desiring to establish or operate and maintain a clinical laboratory shall
Secretary of Health, such authorization to be renewed annually. submit to the Secretary of Health, thru the Bureau of Research and
Laboratories, a sworn petition/application, said form prepared and
No license shall be granted or renewed by the Secretary of Health for adopted therefore, and containing, among others, the following data:
the operation and maintenance of a clinical laboratory unless such
laboratory is under the administration, direction and supervision of an  The name, citizenship and domicile of the head of the
authorized physician, as provided for in the preceding paragraph. laboratory
 The place, municipality and province where it is to be
SECTION 3. The Secretary of Health, through the Bureau of established
Research and Laboratories shall be charged with the responsibility of  The name of the establishment
strictly enforcing the provisions of this Act and shall be authorized to  The name, citizenship and domicile of the owner
 Scope and nature of work to be undertaken
 Statement that applicant has complied with all business banking, radioisotope laboratory and laboratory endocrinology and
requirements under other existing laws or ordinances similar disciplines
 Tax clearance for the proceeding year
Anatomical Pathology includes surgical pathology, histochemistry,
An inspector of the Bureau of Research and Laboratories shall, immunopathology, cytology and post-mortem examinations
upon receipt of said application, inspect within 60 days the
Forensic Pathology includes all medico-legal examinations
establishment and verify if the applicant has complied with the
requirements prescribed in these regulations. The license will (b) “Head”, “Chief”, “Director”, or “In-Charge” of the Laboratory
henceforth be issued, signed and approved by the Secretary of should be a duly licensed physician and registered with the Medical
Health if the application is found to be meritorious; otherwise the Board of Examiners of the Philippines, and qualified in laboratory
same shall be returned without action. medicine by having been certified by the Philippine Board of
Pathology either in Anatomical Pathology, Clinical Pathology or
FEES- A fee of P100 shall be charged for every license issued to
both; provided that in areas where there are no pathologist, the
open and operate a clinical laboratory, payable to the Bureau of
laboratory may be supervised by a licensed physician with training
Research and Laboratories. This license shall be subject to renewal
in laboratory medicine as the Director of Bureau of Research and
within the last two (2) months of each year upon payment of a
Laboratories may consider sufficiently adequate depending on the
renewal fee of P50. A grace period of two (2) months is allowed for
activities performed, and that he is authorized by the Secretary of
renewal subject to a fine of P10. Thereafter, the license will be
Health as head or in-charge of such laboratory.
considered to have lapsed and new license shall be applied for. All
government laboratories are exempted from paying these fees. (c) Personnel
No person is permitted to manage, administer or supervise a clinical 1. “Associate Pathologist”- A licensed physician and qualified in
laboratory unless he is a physician, licensed and duly registered laboratory medicine as certified by the Philippine Board of
with the Board of Medical Examiners of the Republic of the Pathology either in Anatomical Pathology, Clinical Pathology or
Philippines, qualified in laboratory in laboratory medicine and duly both who is under the direct supervision of the Head, Chief, Director
recognized by the Secretary of Health, such authorization to be or In-charge of a clinical laboratory.
renewed annually. This authorization shall be exempted from any
fees. 2. “Pathology Assistant”- A duly licensed physician and registered
with the Philippine Board of Medical Examiners, with at least one
DEFINITION OF TERMS (1) year training in laboratory medicine, and who shall be under the
direct supervision of the head, or associate pathologist of the
a) The term “clinical laboratories” shall mean to include any or all of
laboratory, as the case may be.
the following: (1) Clinical Pathology, (2) Anatomical Pathology, and
(3) Forensic Pathology. 3. “Medical Technologist”- must be a licensed Medical Technologist
duly registered in the Board of Examiners for Medical Technology
I. FUNCTION- It may perform any or all of the following:
who shall be directly under supervision of a registered pathologist,
Clinical Pathology includes clinical chemistry, hematology, clinical or a licensed physician authorized by the Secretary of Health as
microscopy, microbiology, serology, immunohematology and blood head of the laboratory in places where there are no pathologists.
4. “Laboratory Technician”- must have completed at least two years Note:
of college work with at least 12 units of laboratory subjects, and one
year of training in an accredited laboratory; or without college work • A certified pathologist may be authorized to manage or
but with at least ten years training and expertise in a duly approved supervise or be an associate in not more than four (4) clinical
clinical laboratory. The laboratory technicians will be under the laboratories/blood banks
supervision of the medical technologists and under the overall • A physician who is not certified pathologist may be authorized
supervision of the head of the laboratory or his associate or to manage or supervise only one (1) hospital laboratory
assistant.
5. “Laboratory Aide”- should be at least high school graduates and The minimum number of examinations or samples of each section to
who shall assist the medical technologist or laboratory technicians accommodate interns are as follows:
but whose activities should be limited to non-technician procedures.
a. Clinical Chemistry- 3000 exam/annum
II. INSTITUTIONAL CHARACTER are either:
b. Clinical Microscopy
• Hospital laboratory that operates within a hospital
• Free-standing (non-hospital) laboratory that operate on its 1. Urinalysis (complete analysis) - 1500 samples/annum
own or as a part of an activity other than a hospital 2. Parasitology (direct fecal smear and concentration test or
SERVICE CAPABILITIES Kato thick smear) – 1500 samples/ annum
• Free-standing clinical laboratory shall be managed by a c. Microbiology

licensed physician, certified by the Philippine Board of 1. Gram staining, acid-fast staining – 800 samples/annum
Pathology in either Anatomic or Clinical Pathology or both
• Hospital clinical laboratory in areas where Pathologists are 2. Isolation and identification of organisms-
not available, shall be managed by a physician with training of
1000 samples/annum
at least three (3) months in laboratory medicine, quality control
and laboratory management and authorized by the Bureau of d. Hematology
Research and Laboratories.
1. Peripheral blood study to include hemoglobin, white cell
1. ROUTINE HEMA, UA, FA
count Schilling, hematocrit and red cell morphology or CBC –
2. BLOOD TYPING
1200 samples/annum
3. QUALITATIVE PLATELET COUNT
4. ROUTINE CHEMISTRY 2. Sedimentation rate, platelet count, bleeding and clotting time,
5. CROSSMATCHING, GRAM STAIN, KOH malarial smears and other tests – 800 samples/annum
6. QUANTITATIVE PLATELET COUNT
7. SPECIAL HEMATOLOGY, SPECIAL CHEMISTRY e. Blood Banking and Serology
8. IMMUNOLOGY, MICROBIOLOGY 1. Typing -900 tests/annum
2. Complete cross-matching – 600 tests/annum
3. Serology SECONDARY CATEGORY
 All those in PRIMARY CATEGORY plus:
VDRL - 300 tests/annum  Refrigerator
Widal test – 300 tests/annum  Photometer or its equivalent
 Water bath or its equivalent
f. Histopathology – 500 tissues/annum  Timer or its equivalent
Cytology – 500 tissues/annum

TERTIARY CATEGORY
 All those in SECONDARY CATEGORY plus:
PHYSICAL FACILITIES  Incubator
 Balance, trip/analytical
1. The clinical laboratory shall be well-ventilated, adequately lighted,  Rotator
clean and safe.  Serofuge or its equivalent
 Autoclave
2. The working space shall be sufficient to accommodate its activities  Drying oven
and allow for smooth and coordinated work flow.  Biosafety cabinet or its equivalent
3. There shall be an adequate water supply.
REPORTING OF RESULTS
4. The working space for all categories of clinical laboratories (both
hospital and non-hospital based) shall have at least the following 1. All laboratory reports on various examinations of specimens shall
measurements: bear the name of the registered medical technologist and the
pathologist and duly signed by both.
CATEGORY SPACE (in sq. m.)
PRIMARY 10 2. No person in the laboratory shall issue a report, orally, or in writing,
SECONDARY 20 whole or portions, thereof without a directive from the pathologist or his
TERTIARY (to include a 60 authorized associate to the requesting physician or his authorized
separate, enclosed and representative except in emergency cases when the results may be
adequately ventilated room for released as authorized by the pathologist.
Microbiology)
EQUIPMENT/INSTRUMENTS RECORDING
PRIMARY CATEGORY There shall be a system of accurate recording to ensure quality results.
 Clinical centrifuge
1. There shall be an adequate and effective system of recording
 Hemocytometer
 Microhematocrit centrifuge requests and reports of all specimens submitted and examined.
 Microscope with oil immersion objective 2. There shall be provisions for filing, storage and accession of all
 Hemoglobinometer or its equivalent reports.
 Differential blood cell counter or its equivalent
3. All laboratory records shall be kept on file for at least one (1) year; OTHER PERTINENT LAWS
however, records of anatomic and forensic pathology shall be kept
 AO NO. 20 s. 1976
permanently in the laboratory.
-amended Section 11 of AO No. 201 s. 1973
LICENSE: UNDER DOH----HEALTH FACILITIES AND SERVICES -PATHOLOGIST: can handle not more than 3 CLINICAL
BUREAU LABORATORIES or BLOOD BANKS
-PHYSICIAN: can handle only 1 CLINICAL LABORATORY
RENEWAL: UNDER DOH----CHD (REGIONAL DOH)
 AO NO. 59 s. 2001
-implements provisions regarding the rules and regulations on
VALIDITY OF LICENSE the operation, maintenance, and establishment of clinical
LICENSE TO OPERATE A CLINICAL LABORATORY: 1 YEAR laboratories in the Philippines
(EXPIRES EVERY DECEMBER 31ST)
 DEPARTMENT MEMORANDUM ORDER NO. 2009-0086
RENEWAL: 90 DAYS BEFORE EXPIRY DATE -prescribed rules and regulations regarding the implementation
of internal and external quality control programs as the
INSPECTION: EVERY 2 YEARS (BIENNIAL INSPECTION)
requirement for licensing of clinical laboratories
 DEPARTMENT MEMORANDUM ORDER NO. 2009-0086

CHANGES IN THE CLINICAL LABORATORY (LOCATION, -requires a clinical lab to participate in the National External
OWNERSHIP, SUPERVISION, ADDITION OF SERVICES) Quality Assessment Scheme (NEQAS) administered by
-write a letter to DOH 15 DAYS prior to implementation of changes designated reference laboratories
 DEPARTMENT ORDER NO. 393 s.2000

LABORATORY REQUEST/S: must be signed by the REQUESTING • RESEARCH INSTITUTE FOR TROPICAL MEDICINE
PHYSICIAN (RITM)
-NATIONAL REFERENCE LAB FOR: DENGUE,
LABORATORY RESULTS: must be signed by the PATHOLOGIST INFLUENZA, TUBERCULOSIS AND OTHER
and MEDTECH MYCOBACTERIA, MALARIA AND OTHER
PARASITES, BACTERIAL ENTERIC DISEASES,
*before A.O 27 s. 2007: only manual signatures are allowed
MEASLES AND OTHER VIRAL EXANTHEMA,
*after A.O 27 s. 2007: FACSIMILE (rubber stamp, MYCOLOGY, ENTEROVIRUSES, ANTIMICROBIAL
electronically signed out, scanned signatures) RESISTANCE AND EMERGING DISEASES;
CONFIRMATORY TESTING OF BLOOD UNITS
NO LICENSE: 1 MONTH TO 1 YEAR IMPRISONMENT • SAN LAZARO HOSPITAL (SLH)
(OWNER/SUPERVISOR) -NATIONAL REFERENCE LAB FOR: HIV/AIDS,
HEPATITIS, SYPHILIS AND OTHER SEXUALLY-
TRANSMITTED INFECTIONS
• EAST AVENUE MEDICAL CENTER (EAMC) potential to be AEROSOL
-NATIONAL REFERENCE LAB FOR: transmitted via GENERATION
ENVIRONMENTAL AND OCCUPATIONAL HEALTH, respiratory CHAMBER, ACCESS
TOXICOLOGY AND MICRONUTRIENT ASSAY routes TO THE LAB IS
CONTROLLED
• NATIONAL KIDNEY AND TRANSPLANT INSTITUTE
BIOSAFETY Laboratories that FULL-BODY, AIR-
(NKTI) LEVEL 4 LAB handle extremely SUPPLIED
-NATIONAL REFERENCE LAB FOR: HEMATOLOGY dangerous and POSITIVE-PRESSURE
INCLUDING IMMUNOHEMATOLOGY, exotic agents UNITS, PROVIDED
IMMUNOPATHOLOGY AND ANATOMIC that can be WITH SPECIALIZED
PATHOLOGY transmitted VENTILATION AND
• LUNG CENTER OF THE PHILIPPINES (LCP) through the air; WASTE MANAGEMENT
-NATIONAL REFERENCE LAB FOR: BIOCHEMISTRY have no available SYSTEM
AND CLINICAL CHEMISTRY vaccine or
therapeutic care,
TYPE OF DESCRIPTION PROTECTION and are under
LABORATORY RISK GROUP 4
BIOSAFETY Laboratories that PERSONAL classification
LEVEL 1 LAB handle organisms PROTECTIVE
considered by WHO EQUIPMENT
as RISK GROUP 1 RISK AGENT RISK EXAMPLE AGENTS
(unlikely to GROUP DESCRIPTION
cause human RISK Agents that are  Bacillus
diseases) GROUP 1 not associated subtilis
BIOSAFETY Laboratories that PERSONAL (RG-1) with diseases in  Escherichia coli
LEVEL 2 LAB handle broad- PROTECTIVE healthy adult  Adeno-associated
spectrum of EQUIPMENT humans viruses
moderate-risk SECONDARY RISK Agents that are  Staphylococcus
agents or RISK BARRIERS (ex: GROUP 2 associated with aureus
GROUP 2; normally sink, waste (RG-2) human diseases  Salmonella spp.
process human- decontamination that are rarely  Herpes Simplex
derived specimens facilities, serious and for Virus (HSV)
biosafety which preventive  Adenovirus
cabinet) or therapeutic
BIOSAFETY Laboratories that PERSONAL interventions
LEVEL 3 LAB handle RISK GROUP PROTECTIVE are often
3 organisms that EQUIPMENT available
are considered SECONDARY RISK Agents that are  Mycobacterium
indigenous or BARRIERS GROUP 3 associated with tuberculosis
exotic agents BIOSAFETY CABINET (RG-3) serious or
with the WITH GAS-TIGHT lethal human
diseases for  Bacillus
which preventive anthracis
or therapeutic  HIV
interventions
may be available
RISK Agents that are  Ebola virus
GROUP 4 likely to cause  Marburg virus
(RG-4) serious or  Lassa virus
lethal human
diseases for
which preventive
or therapeutic
interventions
are not usually
available
R.A 7719: NATIONAL BLOOD SERVICES ACT OF 1994 a) to promote and encourage voluntary blood donation by the citizenry and
OLD: R.A. 1517: JUNE 16, 1956 to instill public consciousness of the principle that blood donation is a
humanitarian act;
NEW: R.A. 7719: MAY 5, 1994
TERM: FIDEL V. RAMOS b) to lay down the legal principle that the provision of blood for transfusion
AIM: is a professional medical service and not a sale of a commodity;
✓ Promote volunteerism c) to provide for adequate, safe, affordable and equitable distribution of
✓ Classification of Blood Service Facilities supply of blood and blood products;
R.A. 1517 R.A.7719
d) to inform the public of the need for voluntary blood donation to curb the
Established guidelines Phased out commercial
in setting commercial blood banks hazards caused by the commercial sale of blood;
blood banks
Set a price-scheme for Blood is FREE e) to teach the benefits and rationale of voluntary blood donation in the
blood products
existing health subjects of the formal education system in all public and
ABO: 35 pesos OVERPRICING IS PUNISHABLE
DONOR: 5 pesos *1-6 months in prison private schools, in the elementary, high school and college levels as well as
*fine of 5,000-50,000 the non-formal education system;
pesos
f) to mobilize all sectors of the community to participate in mechanisms for
AN ACT PROMOTING VOLUNTARY BLOOD DONATION, voluntary and non-profit collection of blood;
PROVIDING FOR AN ADEQUATE SUPPLY OF SAFE BLOOD,
REGULATING BLOOD BANKS, AND PROVIDING PENALTIES FOR g) to mandate the Department of Health to establish and organize a
VIOLATION THEREOF
National Blood Transfusion Service Network in order to rationalize and
Be it enacted by the Senate and House of Representatives of the improve the provision of adequate and safe supply of blood;
Philippines in Congress assembled:
h) to provide for adequate assistance to institutions promoting voluntary
SECTION 1. Title. – This Act shall be known as the “National Blood blood donation and providing non-profit blood services, either through a
Services Act of 1994”. system of reimbursement for costs from patients who can afford to pay, or
donations from governmental and non-governmental entities:
SEC. 2. Declaration of Policy. – In order to promote public health, it is
hereby declared the policy of the State: i) to require all blood collection units and blood banks/centers to operate
on a non-profit basis;
j) to establish scientific and professional standards for the operation of h) Blood transfusion transmissible diseases – diseases which may be
blood collection units and blood banks/centers in the Philippines; transmitted as a result of blood transfusion, including AIDS, Hepatitis-B,
Malaria and Syphilis;
k) to regulate and ensure the safety of all activities related to the collection,
storage and banking of blood; and i) Secretary of Health – the Secretary of Health or any other person to whom
the Secretary delegates the responsibility of carrying out the provisions of
l) to require upgrading of blood banks/centers to include preventive
this Act; and
services and education to control spread of blood transfusion transmissible
diseases. j) Walking Blood Donor – an individual included in the list of qualified
voluntary blood donors referred to in Section 4, paragraph (e), who is ready
SEC. 3. Definitions. – For purposes of this Act, the following terms shall
to donate blood when needed in his/her community.
mean:
SEC. 4. Promotion of Voluntary Blood Donation. – In order to ensure
a) Blood/blood product – refers to human blood, processed or unprocessed
adequate supply of human blood, voluntary blood donation shall be
and includes blood components, its products and derivatives;
promoted through the following:
b) Blood bank/center – a laboratory or institution with the capability to
a) Public Education. – Through an organized and sustained nationwide
recruit and screen blood donors, collect, process, store, transport and issue
public education campaign by the Department, the Philippine National Red
blood for transfusion and provide information and/ or education on blood
Cross (PNRC) and the Philippine Blood Coordinating Council (PBCC), as
transfusion transmissible diseases;
the lead agencies, other government agencies, local government units
c) Commercial blood bank – a blood bank that exists for profit; (particularly the barangays), non-governmental organizations, all medical
organizations, all public and private hospitals, all health and health-related
d) Hospital-based blood bank – a blood bank which is located within the
institutions, print and broadcast media as well as other sectors. The
premises of a hospital and which can perform compatibility testing of blood;
Department is hereby authorized to set aside funds and generate financial
e) Blood collection unit – an institution or facility duly authorized by the support for all sectors involved in the collection and processing of blood
Department of Health to recruit and screen donors and collect blood; from voluntary blood donors through a system of reimbursement for costs
f) Voluntary blood donor – one who donates blood on one’s own volition or for patients who can afford to pay or from donations from government and
initiative and without monetary compensation; private institutions. Voluntary donors shall likewise be provided non-
monetary incentives as may be determined by the Department.
g) Department – the Department of Health;
b) Promotion in Schools. – The benefits and rationale of voluntary blood e) Walking Blood Donors. – In areas where there may be inadequate blood
donation shall be included and given emphasis in health subjects of banking facilities, the walking blood donor concept shall be encouraged
schools, both public and private, at the elementary, high school and college and all government hospitals, rural-health units, health centers and
levels. The Department of Education, Culture and Sports shall also require barangays in these areas shall be required to keep at all times a list of
such inclusion in its non-formal education curricula. qualified voluntary blood donors with their specified blood typing.
c) Professional Education. – The Department, the PBCC, the Philippine SEC. 5. National Voluntary Blood Services Program. – The Department,
Society of Hematology and Blood Transfusion (PSHBT), the Philippine in cooperation with the PNRC and PBCC and other government agencies
Society of Pathologists (PSP), the Philippine Medical Association (PMA), and non-governmental organizations shall plan and implement a National
the Philippine Association of Medical Technologists (PAMET) and the Voluntary Blood Services Program (NVBSP) to meet in an evolutionary
Philippine Nursing Association (PNA) are encouraged to conduct for their manner, the needs for blood transfusion in all regions of the country. Funds
respective members and as part of the continuing medical education, for this purpose shall be provided by the Government through the budgetary
trainings on the rational use of blood and blood products including the allocation of the Department, by the Philippine Charity Sweepstakes Office
merits of voluntary blood donation. (PCSO) with an initial amount of at least Twenty-five million pesos
(P25,000,000), by the Philippine Amusement and Gaming Corporation
d) Establishment of Blood Services Network. – Blood centers shall be
(PAGCOR) with an initial amount of at least Twenty-five million pesos
strategically established in every province and city nationwide within the
(P25,000,000), by the trust liability account of the Duty Free Shop (Duty
framework of a National Blood Transfusion Service Network spearheaded
Free Philippines) with an initial amount of at least Twenty million pesos
by the Department, in coordination with the PNRC. The collection of blood
(P20,000,000) and through contributions of other agencies such as civic
in various areas in the community, such as schools, business enterprises,
organizations.
barangays, and military camps shall be promoted.
SEC. 6. Upgrading of Services and Facilities. – All blood banks/ centers
The Secretary shall set the standards for the scientific and professional
shall provide preventive health services such as education and counselling
establishment and operation of blood banks/centers and collection units.
on blood transfusion transmissible diseases. All government hospitals,
The Department shall provide training programs and technical assistance
including those that have been devolved, shall be required to establish
to enable communities, schools, industrial and business sites, barangays,
voluntary blood donation programs and all private hospitals shall be
military camps and local government units to implement their own
encouraged to establish voluntary blood donation programs. The
voluntary blood donation programs.
Department, in consultation with the PSHBT and the PSP, shall also
establish guidelines for the rational use of blood and blood products.
SEC. 7. Phase-out of Commercial Blood Banks. – All commercial blood NOTE:
banks shall be phased-out over a period of two (2) years after the effectivity
NO LICENSE:
of this Act, extendable to a maximum period of two (2) years by the
Secretary. 12-20 years in prison
NOTE:
*NO ISSUANCE: 1994-1996 Fine: 50,000 to 500,000 pesos
*EXTENSION: 1996-1998 LICENSE: VALID FOR 3 YEARS
*1999-no free-standing lab (hospital, Philippine Red Cross, Philippine RENEWAL: 60 DAYS BEFORE EXPIRY OF LICENSE
Blood Center, NVBSP)
SUPERVISION:
✓ PATHOLOGIST
SEC. 8. Non-Profit Operation. – All blood banks/centers shall operate on
✓ HEMATOLOGIST
a non-profit basis: Provided, that they may collect service fees not greater
✓ PHYSICIAN/M.D.
than the maximum prescribed by the Department which shall be limited to
the necessary expenses entailed in collecting and processing of blood. -trained by DOH for 6 months
Blood shall be collected from healthy voluntary donors only. -training on BLOOD SERVICES
SEC. 9. Regulation of Blood Sciences. – It shall be unlawful for any person SEC. 10. Importation of Blood Bank Equipment, Blood Bags and
to establish and operate a blood bank/center unless it is registered and Reagents. - Upon the effectivity of this Act, equipment, blood bags and
issued a license to operate by the Department: Provided, that in case of reagents used for the screening and testing of donors, collection and
emergencies, blood collection and transfusion under the responsibility of processing and storage of blood shall be imported tax-and duty-free by the
the attending physician shall be allowed in hospitals without such license PNRC, blood banks and hospitals participating actively in the National
under certain conditions prescribed by the Department. No license shall be Voluntary Blood Services Program. This provision shall be implemented by
granted or renewed by the Department for the establishment and operation the rules and regulations to be promulgated by the Department in
of a blood bank/ center unless it complies with the standards prescribed consultation and coordination with the Department of Finance.
by the Department. Such blood bank/center shall be under the
SEC. 11. Rules and Regulations. – The implementation of the provisions
management of a licensed and qualified physician duly authorized by the
of this Act shall be in accordance with the rules and regulations to be
Department.
promulgated by the Secretary, within sixty (60) days from the approval
hereof. The existing Revised Rules and Regulations Governing the
Collection, Processing and Provision of Human Blood and the The head of the blood bank and the necessary trained personnel under the
Establishment and Operation of Blood Banks shall remain in force unless head’s direct supervision found responsible for dispensing, transfusing and
amended or revised by the Secretary. The rules and regulations shall failing to dispose, within forty-eight (48) hours, blood which have been
prescribe from time to time the maximum ceiling for fees for the provision proven contaminated with blood transfusion transmissible diseases shall
of blood, including its collection, processing and storage, professional be imprisoned for ten (10) years. This is without prejudice to the filing of
services and a reasonable allowance for spoilage. criminal charges under the Revised Penal Code.
SEC. 12. Penalties. – Upon complaint of any person and after due notice SEC. 13. Separability Clause. – If any provision of this Act is declared
and hearing, any blood bank/center which shall collect charges and fees invalid, the other provisions hereof not affected thereby shall remain in
greater than the maximum prescribed by the Department shall have its force and effect.
license suspended or revoked by the Secretary.
SEC. 14. Repealing Clause. – This Act shall supersede Republic Act No.
Any person or persons who shall be responsible for the above violation shall 1517 entitled “Blood Bank Act.” The provisions of any law, executive order,
suffer the penalty of imprisonment of not less than one (1) month nor more presidential decree or other issuances inconsistent with this Act are hereby
than six (6) months, or a fine of not less than Five thousand pesos (P5,000) repealed or modified accordingly.
nor more than Fifty thousand pesos (P50,000), or both at the discretion of
SEC. 15. Effectivity Clause. – This Act shall take effect after fifteen (15)
the competent court.
days following its publication in the Official Gazette or in two (2) national
Any person who shall establish and operate a blood bank without securing newspapers of general circulation.
any license to operate from the Department or who fails to comply with the
BLOOD BANK COUNCILS OR AGENCIES
standards prescribed by the Department referred to in Section 9 hereof
shall suffer the penalty of imprisonment of not less than twelve (12) years ✓ PHILIPPINE RED CROSS (PRC)
and one (1) day nor more than twenty (20) years or a fine of not less than -under the initiative of Apolinario Mabini, the National Association
Fifty thousand pesos (P50.000) nor more than Five hundred thousand of Red Cross was established in the country on February 17, 1899.
pesos (P500,000), or both at the discretion of the competent court. - in 1900: it was named as Filipino Red Cross Society
- in 1934: Pres. Manuel L. Quezon initiated the establishment of
The Secretary, after due notice and hearing, may impose administrative
an independent PRC
sanctions such as, but not limited to, fines, suspension, or revocation of
- Dr. Horacio Yanzon: the first Filipino Red Cross manager
license to operate a blood bank/center and to recommend the suspension
- in March 22, 1947: Pres. Manuel Roxas signed R.A. 95
or revocation of the license to practice the profession when applicable.
(Philippine Red Cross Charter) and appointed Mrs. Aurora Aragon
Quezon as Chairman
- PRC was recognized in 1947 by the international community ✓ A.O NO. 242 S. 1975
- in April 15, 1947: PRC was inaugurated in Malacañang Palace - cost of blood types “ A, B and O” is set at 55 pesos/500cc and
- Pres. Gloria Macapagal-Arroyo: signed R.A. 10072 (Philippine an additional 5 pesos is charged for the use of the plastic bag.
Red Cross Act of 2009) Charge of 25 pesos if additional tests are performed and the
- launched its National Blood Program in July 17, 1948 qualified donor is usually given 50 pesos as honorarium
covering his/her meals, transportation, and other expenses.
✓ PHILIPPINE BLOOD COODINATING COUNCIL (PBCC) ✓ A.O. NO. 291 S. 1976
- MAIN OBJECTIVE: PUBLIC INFORMATION AND EDUCATION - physician may be allowed to operate and manage a blood bank
- OTHERS: engages in networking and coordination with related provided he/she is registered with the Board of Medical Examiner
agencies as well as in research for advancement of the field. to practice the medical profession in the Philippines- undergone
training in a blood bank from an accredited blood banking
institution
*NATIONAL VOLUNTARY BLOOD SERVICES PROGRAM (NVBSP)
- physicians are allowed to manage not more than 2 blood banks
- SOURCES OF FUNDS: - hiring an additional RMT for every 20 blood extractions/day
- when operating a blood outlet: imprisonment of not less than 12
✓ P 25M: PHILIPPINE CHARITY SWEEPSTAKES OFFICE
years and 1 day nor more than 20 years or fine of not less than
(PCSO)
50,000 pesos nor more than 500,000 pesos or BOTH
✓ P 25M: PHILIPPINE AMUSEMENT AND GAMING
CORPORATION (PAGCOR)
✓ P 25M: DUTY FREE PHILIPPINES
✓ OTHER CONTRIBUTIONS BY CIVIC ORGANIZATIONS
PERTINENT LAWS ON BLOOD BANKING
✓ R.A. 1517 : AN ACT REGULATING THE COLLECTION,

PROCESSING, AND SALE OF HUMAN BLOOD AND THE
ESTABLISHMENT AND OPERATION OF BLOOD BANKS AND
BLOOD PROCESSING LABORATORIES
SECTION 2: DEFINITION OF TERMS (CONTINUATION)
DATE OF APPROVAL: JANUARY 7, 1992 A person shall be medically and legally dead if either:
TERM: CORAZON C. AQUINO 1) In the opinion of the attending physician, based on the acceptable standards
SECTIONS: 19 of medical practice, there is an absence of natural respiratory and cardiac
functions and, attempts at resuscitation would not be successful in restoring
AN ACT AUTHORIZING THE LEGACY OR DONATION OF ALL OR PART OF A HUMAN BODY those functions. In this case, death shall be deemed to have occurred at the
AFTER DEATH FOR SPECIFIED PURPOSES time these functions ceased; or
2) In the opinion of the consulting physician, concurred in by the attending
SECTION 1: TITLE: “ORGAN DONATION ACT OF 1991” physician, that on the basis of acceptable standards of medical practice, there
is an irreversible cessation of all brain functions; and considering the absence of
such functions, further attempts at resuscitation or continued supportive
maintenance would not be successful in restoring such natural functions. In this
case, death shall be deemed to have occurred at the time when these
As used in this Act the following terms shall mean:
conditions first appeared.
TERM MEANING
ORGAN BANK STORAGE • a facility licensed, accredited or approved under the The death of the person shall be determined in accordance with the
FACILITY law for storage of human bodies or parts thereof acceptable standards of medical practice and shall be diagnosed separately
• a deceased individual, and includes a still-born infant or by the attending physician and another consulting physician, both of whom
DECEDENT
fetus must be appropriately qualified and suitably experienced in the care of such
• an individual who makes a legacy of all or part of his patients. The death shall be recorded in the patient’s medical record.
TESTATOR
body
• an individual authorized under this Act to donate all or
DONOR SECTION 3: PERSON WHO MAY EXECUTE A LEGACY
part of the body of a decedent
• Any individual, at least eighteen (18) years of age and of sound mind, may give
• a hospital licensed, accredited or approved under the
by way of legacy, to take effect after his death, all or part of his body for any
HOSPITAL law, and includes a hospital operated by the
purpose specified in Section 6 hereof.
Government
• includes transplantable organs, tissues, eyes, bones,
SECTION 4: PERSON WHO MAY EXECUTE A DONATION
PART arteries, blood, other fluids and other portions of the
a) Any of the following persons, in the order of priority stated hereunder, in the
human body
absence of actual notice of contrary intentions by the decedent or actual
• an individual, corporation, estate, trust, partnership,
notice of opposition by a member of the immediate family of the decedent,
association, the Government or any of its subdivisions,
may donate all or any part of the decedent’s body for any purpose specified in
PERSON agencies or instrumentalities, including government-
Section 6 hereof:
owned or -controlled corporations; or any other legal
1) Spouse;
entity
2) Son or daughter of legal age;
• a physician or surgeon licensed or authorized to
3) Either parent;
PHYSICIAN/SURGEON practice medicine under the laws of the Republic of the
4) Brother or sister of legal age; or
Philippines.
5) Guardian over the person of the decedent at the time of his death.
“IMMEDIATE FAMILY” OF • the persons enumerated in Section 4(a) of this Act. b) The persons authorized by sub-section (a) of this section may make the
THE DECEDENT donation after or immediately before death.
• the irreversible cessation of circulatory and respiratory
DEATH functions or the irreversible cessation of all functions of
SECTION 5: EXAMINATION OF THE HUMAN BODY OR PART THEREOF
the entire brain, including the brain stem.
• A legacy or donation of all or part of a human body authorizes any
examination necessary to assure medical acceptability of the legacy or
donation for the purpose(s) intended.
SECTION 5: EXAMINATION OF THE HUMAN BODY OR PART THEREOF (CONTINUATION) SECTION 8: MANNER OF EXECUTING A LEGACY (CONTINUATION)
• For purposes of this Act, an autopsy shall be conducted on the cadaver of c) The legacy may be made to a specified legatee or without specifying a
accident, trauma, or other medico-legal cases immediately after the legatee. If the legacy is made to a specified legatee who is not available at the
pronouncement of death, to determine qualified and healthy human organs time and place of the testator’s death, the attending physician or surgeon, in the
for transplantation and/or in furtherance of medical science. absence of any expressed indication that the testator desired otherwise, may
accept the legacy as legatee. If the legacy does not specify a legatee, the
SECTION 6: PERSONS WHO MAY BECOME LEGATEES OR DONEES legacy may be accepted by the attending physician or surgeon as legatee
• The following persons may become legatees or donees of human bodies or upon or following the testator’s death. The physician who becomes a legatee
parts thereof for any of the purposes stated hereunder: under this subsection shall not participate in the procedures for removing or
a) Any hospital, physician or surgeon – For medical or dental education, transplanting a part or parts of the body of the decedent.
research, advancement of medical or dental science, therapy or
transplantation d) The testator may designate in his will, card or other document, the surgeon or
b) Any accredited medical or dental school, college or university – For physician who will carry out the appropriate procedures. In the absence of a
education, research, advancement of medical or dental science, or designation, or if the designee is not available, the legatee or other persons
therapy authorized to accept the legacy may authorize any surgeon or physician for the
c) Any organ bank storage facility – For medical or dental education, purpose.
research, therapy, or transplantation
d) Any specified individual – For therapy or transplantation needed by him. SECTION 9: MANNER OF EXECUTING A DONATION
• Any donation by a person authorized under subsection (a) of Section 4 hereof
SECTION 7: DUTY OF HOSPITALS shall be sufficient if it complies with the formalities of a donation of a movable
• A hospital authorized to receive organ donations or to conduct transplantation property.
shall train qualified personnel and their staff to handle the task of introducing • In the absence of any of the persons specified under Section 4 hereof and in
the organ donation program in a humane and delicate manner to the relatives the absence of any document of organ donation, the physician in charge of
of the donor-decedent enumerated in Section 4 hereof. The hospital shall the patient, the head of the hospital or a designated officer of the hospital who
accomplish the necessary form or document as proof of compliance with the has custody of the body of the deceased classified as accident, trauma, or
above requirement. other medico-legal cases, may authorize in a public document the removal
from such body for the purpose of transplantation of the organ to the body of a
living person: Provided, That the physician, head of hospital or officer
SECTION 8: MANNER OF EXECUTING A LEGACY
designated by the hospital for this purpose has exerted reasonable efforts,
a) Legacy of all or part of the human body under Section 3 hereof may be made
within forty-eight (48) hours, to locate the nearest relative listed in Section 4
by will. The legacy becomes effective upon the death of the testator without
hereof or guardian of the decedent at the time of death.
waiting for probate of the will. If the will is not probated, or if it is declared invalid
• In all donations, the death of a person from whose body an organ will be
for testamentary purposes, the legacy, to the extent that it was executed in
removed after his death for the purpose of transplantation to a living person,
good faith, is nevertheless valid and effective.
shall be diagnosed separately and certified by two (2) qualified physicians
b) A legacy of all or part of the human body under Section 3 hereof may also be
made in any document other than a will. The legacy becomes effective upon neither of whom should be:
death of the testator and shall be respected by and binding upon his executor a) A member of the team of medical practitioners who will effect the removal
or administrator, heirs, assigns, successors-in-interest and all members of the of the organ from the body; nor
family. The document, which may be a card or any paper designed to be b) The physician attending to the recipient of the organ to be removed; nor
carried on a person, must be signed by the testator in the presence of two c) The head of hospital or the designated officer authorizing the removal of
witnesses who must sign the document in his presence. If the testator cannot the organ.
sign, the document may be signed for him at his discretion and in his presence,
in the presence of two witnesses who must, likewise, sign the document in the SECTION 10: PERSON(S) AUTHORIZED TO REMOVE TRANSPLANTABLE ORGANS
presence of the testator. Delivery of the document of legacy during the • Only authorized medical practitioners in a hospital shall remove and/or
testator’s lifetime is not necessary to make the legacy valid. transplant any organ which is authorized to be removed and/or transplanted
pursuant to Section 5 hereof.
SECTION 11: DELIVERY OF DOCUMENT OF LEGACY OR DONATION SECTION 14: INTERNATIONAL SHARING OF HUMAN ORGANS OR TISSUES
• If the legacy or donation is made to a specified legatee or donee, the will, card • Sharing of human organs or tissues shall be made only through exchange
or other document, or an executed copy thereof, may be delivered by the programs duly approved by the Department of Health: Provided, that foreign
testator or donor, or his authorized representative, to the legatee or donee to organ or tissue bank storage facilities and similar establishments grant reciprocal
expedite the appropriate procedures immediately after death. The will, card or rights to their Philippine counterparts to draw human organs or tissues at any
other document, or an executed copy thereof, may be deposited in any time.
hospital or organ bank storage facility that accepts it for safekeeping or for
facilitation or procedures after death. On the request of any interested party SECTION 15: INFORMATION DRIVE
upon or after the testator’s death, the person in possession shall produce the • In order that the public will obtain the maximum benefits from this Act, the
document of legacy or donation for verification. Department of Health, in cooperation with institutions, such as the National
Kidney Institute, civic and non-government health organizations and other
SECTION 12: AMENDMENT OR REVOCATION OF LEGACY OR DONATION health related agencies, involved in the donation and transplantation of
a) If the will, card or other document, or an executed copy thereof, has been human organs, shall undertake a public information program.
delivered to a specific legatee or donee, the testator or donor may amend or • The Secretary of Health shall endeavor to persuade all health professionals,
revoke the legacy or donation either by: both government and private, to make an appeal for human organ donation.
1) The execution and delivery to the legatee or donee of a signed statement to
that effect; or SECTION 16: RULES AND REGULATIONS
2) An oral statement to that effect made in the presence of two other persons • The Secretary of Health, after consultation with all health professionals, both
and communicated to the legatee or donee; or government and private, and non-government health organizations shall
3) A statement to that effect during a terminal illness or injury addressed to an promulgate such rules and regulations as may be necessary or proper to
attending physician and communicated to the legatee or donee; or implement this Act.
4) A signed card or document to that effect found on the person or effects of the
testator or donor. ADDENDUM NOTES:
b) Any will, card or other document, or an executed copy thereof, which has not
been delivered to the legatee or donee may be revoked by the testator or DONOR
donor in the manner provided in subsection (a) of this section or by destruction,
cancellation or mutilation of the document and all executed copies thereof.
NON-TESTATOR → WHO WILL GIVE CONSENT?
Any legacy made by a will may also be amended or revoked in the manner ➢ FAMILY MEMBERS: WITHIN 48 HOURS; DONE BY DOCTOR
provided for amendment or revocation of wills, or as provided in subsection (a) of -EXCEPT IN CORNEAL TRANSPLANT: WITHIN 12 HOURS; INFORMED CONSENT
this section. 1. SPOUSE
2. CHILDREN (18 YEARS OLD AND ABOVE)
3. PARENTS
SECTION 13: RIGHTS AND DUTIES AFTER DEATH
4. SIBLING (18 YEARS OLD AND ABOVE)
a) The legatee or donee may accept or reject the legacy or donation as the case
5. LEGAL GUARDIAN
may be. If the legacy or donation is of a part of the body, the legatee or
donee, upon the death of the testator and prior to embalming, shall effect the
MANNER OF EXECUTING A DONATION
removal of the part, avoiding unnecessary mutilation. After removal of the part,
✓ DEATH MUST BE CONFIRMED BY 2 PHYSICIANS
custody of the remainder of the body vests in the surviving spouse, next of kin or
other persons under obligation to dispose of the body of the decedent.
CANCELLING THE LEGACY
b) Any person who acts in good faith in accordance with the terms of this Act shall
1. WRITTEN STATEMENT
not be liable for damages in any civil action or subject to prosecution in any
2. ORAL STATEMENT (WITH 2 WITNESSES)
criminal proceeding of this Act.
3. THROUGH THE ATTENDING PHYSICIAN
LIVING DONOR (R.A. 9208)

• “ANTI-TRAFFICKING IN PERSONS ACT”
ARTICLE II: DEFINITION OF TERMS
DATE OF APPROVAL: APRIL 7, 2004
TERM: GLORIA MACAPAGAL ARROYO SECTION 4: DEFINITIONS
ARTICLES: 5 Under this Act, the following terms shall have the meanings respectively given to them
SECTIONS: 19 below:
TERM DEFINITION
AN ACT PROMULGATING A COMPREHENSIVE POLICY AND A NATIONAL SYSTEM FOR • Newborn screening system that includes, but is not limited to,
ENSURING NEWBORN SCREENING education of relevant stakeholders; collection and
biochemical screening of blood samples taken from
ARTICLE I: GENERAL PROVISIONS newborns; tracking and confirmatory testing to ensure the
COMPREHENSIVE
accuracy of screening results; clinical evaluation and
SECTION 1: TITLE NEWBORN
biochemical/medical confirmation of test results; drugs and
“NEWBORN SCREENING ACT OF 2004” SCREENING SYSTEM
medical/surgical management and dietary supplementation
to address the heritable conditions; and evaluation activities
to assess long term outcome, patient compliance and
SECTION 2: DECLARATION OF POLICIES
quality assurance
• It is the policy of the State to protect and promote the right to health of the
• monitoring of a newborn with a heritable condition for the
people, including the rights of children to survival and full and healthy
FOLLOW-UP purpose of ensuring that the newborn patient complies fully
development as normal individuals. In pursuit of such policy, the State shall
with the medicine of dietary prescriptions
institutionalize a national newborn screening system that is comprehensive,
integrative and sustainable, and will facilitate collaboration among government • hospitals, health infirmaries, health centers, lying-in centers or
HEALTH
and non-government agencies at the national and local levels, the private puericulture centers with obstetrical and pediatric services,
INSTITUTIONS
sector, families and communities, professional health organizations, academic whether public or private
institutions, and non-governmental organizations. HEALTHCARE • physicians, nurses, midwives, nursing aides and traditional
• The National Newborn Screening System shall ensure that every baby born in PRACTITIONER birth attendants
the Philippines is offered the opportunity to undergo newborn screening and • any condition that can result in mental retardation, physical
thus be spared from heritable conditions that can lead to mental retardation HERITABLE deformity or death if left undetected and untreated and
and death if undetected and untreated. CONDITION which is usually inherited from the genes of either or both
biological parents of the newborn
SECTION 3: OBJECTIVES NIH • NATIONAL INSTITUTE OF HEALTH
The objectives of the National Newborn Screening System are: NEWBORN • child from the time of complete delivery to 30 days old
1) To ensure that every newborn has access to newborn screening for certain • the process of collecting a few drops of blood from the
heritable conditions that can result in mental retardation, serious health NEWBORN newborn onto an appropriate collection card and
complications or death if left undetected and untreated SCREENING performing biochemical testing for determining if the
newborn has a heritable condition
2) To establish and integrate a sustainable newborn screening system within the • a facility equipped with a newborn screening laboratory that
public health delivery system NEWBORN complies with the standards established by the NIH and
SCREENING CENTER provides all required laboratory tests and recall/follow-up
3) To ensure that all health practitioners are aware of the advantages of newborn programs for newborns with heritable conditions
screening and of their respective responsibilities in offering newborns the • the central facility at the NIH that defines testing and follow-
opportunity to undergo newborn screening up protocols, maintains an external laboratory proficiency
NEWBORN testing program, oversees the national testing database and
4) To ensure that parents recognize their responsibility in promoting their child's SCREENING case registries, assists in training activities in all aspects of the
right to health and full development, within the context of responsible REFERENCE CENTER program, oversees content of educational materials and
parenthood, by protecting their child from preventable causes of disability and acts as the Secretariat of the Advisory Committee on
death through newborn screening Newborn Screening
SECTION 4: DEFINITIONS (CONTINUATION) SECTION 8: CONTINUING EDUCATION, RE-EDUCATION AND TRAINING HEALTH PERSONNEL
TERM DEFINITION • The DOH, with the assistance of the NIH and other government agencies,
• Various means of providing parents or legal guardians professional societies and non-government organizations, shall:
PARENT EDUCATION
information about newborn screening a) conduct continuing information, education, re-education and training
• a procedure for locating a newborn with a possible heritable programs for health personnel on the rationale, benefits, procedures of
condition for purposes of providing the newborn with newborn screening
RECALL b) disseminate information materials on newborn screening at least
appropriate laboratory to confirm the diagnosis and, as
appropriate, provide treatment. annually to all health personnel involved in material and pediatric care.
• the provision of prompt, appropriate and adequate
medicine, medical, and surgical management or dietary SECTION 9: LICENSING AND ACCREDITATION
TREATMENT prescription to a newborn for purposes of treating or • The DOH and the Philippine Health Insurance Corporation (PHIC) shall require
mitigating the adverse health consequences of the heritable health institutions to provide newborn screening services as a condition for
condition. licensure or accreditation.
ARTICLE III: NEWBORN SCREENING ARTICLE IV: IMPLEMENTATION
SECTION 5: OBLIGATION TO INFORM SECTION 10: LEAD AGENCY

• Any health practitioner who delivers, or assists in the delivery, of a newborn in • The DOH shall be the lead agency in implementing this Act. For purposes of
the Philippines shall, prior to delivery, inform the parents or legal guardian of the achieving the objectives of this Act, the DOH shall:
newborn of the availability, nature and benefits of newborn screening.
Appropriate notification and education regarding this obligation shall be the 1) Establish the Advisory Committee on Newborn Screening:
responsibility of the Department of Health (DOH).
2) Develop the implementing rules and regulations for the immediate
implementation of a nationwide newborn screening program within one
SECTION 7: PERFORMANCE OF NEWBORN SCREENING
hundred eight (180) days from the enactment of this Act
• Newborn screening shall be performed after twenty-four (24) hours of life but
not later than three (3) days from complete delivery of the newborn. A
3) Coordinate with the Department of the Interior and Local Government
newborn that must be placed in intensive care in order to ensure survival may
(DILG) for implementation of the newborn screening program
be exempted from the 3-day requirement but must be tested by seven (7) days
of age. It shall be the joint responsibility of the parent(s) and the practitioner or
4) Coordinate with the NIH Newborn Screening Reference Center for the
other person delivering the newborn to ensure that newborn screening is
accreditation of Newborn Screening Centers and preparation of defined
performed. An appropriate informational brochure for parents to assist in
testing protocols and quality assurance programs.
fulfilling this responsibility shall be made available by the Department of Health
and shall be distributed to all health institutions and made available to any
health practitioner requesting it for appropriate distribution. SECTION 11: ADVISORY COMMITTEE ON NEWBORN SCREENING
• To ensure sustained inter-agency collaboration, the Advisory Committee on
SECTION 7: REFUSAL TO BE TESTED Newborn Screening is hereby created and made an integral part of the Office
• A parent or legal guardian may refuse testing on the grounds of religious beliefs, of the Secretary of the DOH. The Committee shall review annually and
but shall acknowledge in writing their understanding that refusal for testing recommend conditions to be included in the newborn screening panel of
places their newborn at risk for undiagnosed heritable conditions. A copy of this disorders; review and recommend the newborn screening fee to be charged
refusal documentation shall be made part of the newborn's medical record by Newborn Screening Centers; review the report of the Newborn Screening
and refusal shall be indicated in the national newborn screening database. Reference Center on the quality assurance of the National Screening Centers
and recommend corrective measures as deemed necessary.
SECTION 11: ADVISORY COMMITTEE ON NEWBORN SCREENING (CONTINUATION) SECTION 14: QUALITY ASSURANCE
• The Committee shall be composed of eight (8) members, including the • The NIH Newborn Screening Reference Center shall be responsible for drafting
Secretary of Health who shall act as Chairman. The other members of the and ensuring good laboratory practice standards for newborn screening
Committee shall be as follows: centers, including establishing an external laboratory proficiency testing and
a) the Executive Director of the NIH, who shall act as Vice Chairperson certification program. It shall also act as the principal repository of technical
b) an Undersecretary of the DILG information relating to newborn screening standards and practices, and shall
c) the Executive Director of the Council for the Welfare of Children provide technical assistance to newborn screening centers needing such
d) the Director of the Newborn Screening Reference Center; and assistance.
e) three (3) representatives appointed by the Secretary of Health who
shall be a pediatrician, obstetrician, endocrinologist, family physician, SECTION 15: DATABASE
nurse or midwife, from either the public or private sector. • All Newborn Screening Centers shall coordinate with the NIH Newborn
• The three (3) representatives shall be appointed for a term of three (3) years, Screening Reference Center for consolidation of patient databases. The NIH
subject to their being reappointed for additional three (3) years period for each Newborn Screening Reference Center shall maintain a national database of
extension. patients tested and a registry for each condition. It shall submit reports annually
• The Committee shall meet at least twice a year. The NIH shall serve as the to the Committee and to the DOH on the status of and relevant health
Secretariat of the Committee. information derived from the database. A plan for long-term outcome
evaluation of newborn screening utilizing the cases registries shall be
SECTION 12: ESTABLISHMENT AND ACCREDITATION OF NEWBORN SCREENING CENTERS developed within one (1) year of passage of this Act by the NIH Newborn
• The DOH shall ensure that Newborn Screening Centers are strategically located Screening Reference Center in consultation with the Advisory Committee on
in order to be accessible to the relevant public and provide services that Newborn Screening. Implementation of this plan shall become a responsibility
comply with the standards approved by the Committee upon the of the Advisory Committee on Newborn Screening.
recommendation of the NIH. No Newborn Screening Center shall be allowed to
operate unless it has been duly accredited by the DOH based on the standards SECTION 16: NEWBORN SCREENING FEES
set forth by the Committee. • The PHIC shall include cost of newborn screening in its benefits package. The
• At a minimum, every Newborn Screening Center shall: newborn screening fee shall be applied to, among others, testing costs,
a) have a certified laboratory performing all tests included in the newborn education, sample transport, follow-up and reasonable overhead expenses.
screening program
• To ensure sustainability of the National System for Newborn Screening, the
b) have a recall/follow up programs for infants found positive for any and
newborn screening fee shall be divided and set aside for the following
all of the heritable conditions
c) be supervised and staffed by trained personnel who have been duly purposes; at least four percent (4%) to the DOH's Centers for Health
qualified by the NIH Development or its future equivalent to be spent solely for follow-up services,
d) submit to periodic announced or unannounced inspections by the education and other activities directly related to the provision of newborn
Reference Center in order to evaluate and ensure quality Newborn screening services; at least four percent (4%) to the Newborn Screening Centers
Screening Center performance. for human resource development and equipment maintenance and
upgrading; at least four percent (4%) to the NIH Newborn Screening Reference
SECTION 13: ESTABLISHMENT OF A NEWBORN SCREENING REFERENCE CENTER Center for overall supervision, training and continuing education, maintenance
• The NIH shall establish a Newborn Screening Reference Center, which shall be of national database, quality assurance program and monitoring of the
responsible for the national testing database and case registries, training, national program; and the balance for the operational and other expenses of
technical assistance and continuing education for laboratory staff in all the Newborn Screening Center.
Newborn Screening Centers.
ARTICLE V: FINAL PROVISIONS

ADDENDUM NOTES: • G-6-PD DEFICIENCY IS THE MOST COMMON NEWBORN DISORDER IN THE PHILIPPINES
SPECIMEN: _____________________ • DOH MEMORANDUM NO. 2012-0154: INCLUSION OF MAPLE SYRUP URINE DISEASE (MSUD) IN
METHOD: ____________________________ THE NEWBORN SCREENING PANEL OF DISODERS
NEWBORN: up to _______________ • NEWBORN SCREENING PROGRAM IN THE PHILIPPINES CURRENTLY INCLUDES SCREENING OF
: Screening must be done from ____________________ after birth THE SIX DISORDERS:
: NEONATAL ICU: up to _______________ ✓ CONGENITAL HYPOTHYROIDISM
*REFUSAL IS ALLOWED provided that parents present a REFUSAL LETTER ✓ CONGENITAL ADRENAL HYPERPLASIA
✓ PHENYLKETONURIA
COLLECTION OF BLOOD FOR NEWBORN SCREENING ✓ G-6-PD DEFICIENCY
✓ REGISTERED MEDICAL TECHNOLOGISTS ✓ GALACTOSEMIA
✓ REGISTERED NURSES ✓ MAPLE SYRUP URINE DISEASE (MSUD)
✓ LICENSED PHYSICIAN
✓ REGISTERED MIDWIFE EXPANDED NEWBORN SCREENING
• OPTION 1: SCREENING FOR 6 DISORDERS: P550
UP-NATIONAL INSTITUTE OF HEALTH • OPTION 2: EXPANDED NBS: P1,500
• REFERENCE CENTER FOR NEWBORN SCREENING
FOR PHILHEALTH MEMBERS: (P550 SHALL BE COVERED BY THE PHILHEALTH)
CLINICAL CONDITIONS SCREENED • OPTION 1: SCREENING FOR 6 DISORDERS: TOTAL COST SHALL BE COVERED (FREE)
• HEMOGLOBINOPATHIES • OPTION 2: EXPANDED NBS: P550 COVERED BY PHILHEATH; BALANCE AT THE EXPENSE
✓ PORPHYRIAS OF FAMILY
✓ SICKLE CELL DISEASE
✓ HEMOGLOBIN C DISEASE * A HEALTH FACILITY MAY COLLECT AT A REASONABLE FEE FOR THE COLLECTION OF SAMPLES,
✓ HEMOGLOBIN SC WHICH SHALL NOT BE GREATER THAN THE MAXIMUM ALLOWABLE SERVICE FEE PRESCRIBED BY
✓ HEMOGLOBIN D DEPARTMENT OF HEALTH (DOH)
✓ HEMOGLOBIN E • MAXIMUM ALLOWABLE FEE/COST FOR NBS SPECIMEN COLLECTION KIT: P550
✓ HEMOGLOBIN CONSTANT SPRING: 31 AA ADDED TO THE ALPHA CHAIN • MAXIMUM ALLOWABLE SERVICE FEE FOR COLLECTION OF NBS SAMPLES: P50
✓ THALASSEMIA
• ENDOCRINOPATHIES “DON’T GIVE UP JUST BECAUSE THINGS ARE HARDER NOW. INSTEAD, BE BETTER, BE STRONGER
✓ CONGENITAL HYPOTHYROIDISM AND BE MORE MATURE. GIVING UP DOESN’T SOLVE ANYTHING”
✓ CLASSIC/CONGENITAL ADRENAL HYPERPLASIA
• AMINO ACID DISORDERS

• FATTY ACID OXIDATION RATHER LOSE SLEEP THAN PATIENT’S LIFE.
• CYSTIC FIBROSIS
MARAMI KA PANG BATANG ILILIGTAS!
COMMON NEWBORN DISORDERS -SIR ROI
EFFECT IF SCREENED AND
DISORDERS SCREENED EFFECTS SCREENED
TREATED
CONGENITAL
SEVERE MENTAL RETARDATION NORMAL
HYPOTHYROIDISM
CONGENITAL ADRENAL
DEATH ALIVE AND NORMAL
HYPERPLASIA
GALACTOSEMIA CATARACTS, DEATH ALIVE AND NORMAL
PHENYLKETONURIA SEVERE MENTAL RETARDATION NORMAL
G-6-PD DEFICIENCY SEVERE ANEMIA, KERNICTERUS NORMAL
R.A. 8504: THE PHILIPPINE AIDS PREVENTION AND (1) compulsory HIV testing shall be considered unlawful unless
CONTROL ACT OF 1998 otherwise provided in this Act;
DATE OF APPOVAL: FEBRUARY 13, 1998 (2) the right to privacy of individuals with HIV shall be guaranteed;
ARTICLES: 9
SECTIONS: 52 (3) discrimination, in all its forms and subtleties, against individuals
with HIV or persons perceived or suspected of having HIV shall be
considered inimical to individual and national interest; and
AN ACT PROMULGATING POLICIES AND PRESCRIBING MEASURES
FOR THE PREVENTION AND CONTROL OF HIV/AIDS IN THE
(4) provision of basic health and social services for individuals with HIV
PHILIPPINES, INSTITUTING A NATIONWIDE HIV/AIDS INFORMATION
shall be assured.
AND EDUCATIONAL PROGRAM, ESTABLISHING A COMPREHENSIVE
HIV/AIDS MONITORING SYSTEM, STRENGTHENING THE PHILIPPINE
NATIONAL AIDS COUNCIL, AND FOR OTHER PURPOSES (c) The State shall promote utmost safety and universal precautions in
practices and procedures that carry the risk of HIV transmission.
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled: d) The State shall positively address and seek to eradicate conditions
that aggravate the spread of HIV infection, including but not limited to,
poverty, gender inequality, prostitution, marginalization, drug abuse
SECTION 1. Title. – This Act shall be known as the “Philippine AIDS
and ignorance.
Prevention and Control Act of 1998.”
(e) The State shall recognize the potential role of affected individuals
SEC. 2. Declaration of Policies. – Acquired Immune Deficiency
in propagating vital information and educational messages about
Syndrome (AIDS) is a disease that recognizes no territorial, social,
HIV/AIDS and shall utilize their experience to warn the public about the
political and economic boundaries for which there is no known cure.
disease.
The gravity of the AIDS threat demands strong Slate action today, thus:
SEC. 3. Definition of Terms. – As used in this Act, the following terms
(a) The State shall promote public awareness about the causes, modes
are defined as follows:
of transmission, consequences, means of prevention and control of
HIV/AIDS through a comprehensive nationwide educational and
information campaign organized and conducted by the State. Such (a) “Acquired Immune Deficiency Syndrome (AIDS)” – a condition
campaigns shall promote value formation and employ scientifically characterized by a combination of signs and symptoms, caused by HIV
proven approaches, focus on the family as a basic social unit, and be contracted from another person and which attacks and weakens the
carried out in all schools and training centers, workplaces, and body’s immune system, making the afflicted individual susceptible to
communities. This program shall involve affected individuals and other life-threatening infections.
groups, including people living with HIV/AIDS.
(b) “Anonymous Testing” – refers to an HIV testing procedure whereby
(b) The Slate shall extend to every person suspected or known to be (he individual being tested docs not reveal his/her true identity. An
infected with HIV/AIDS full protection of his/her human rights and civil identifying number or symbol is used to substitute for the name and
liberties. Towards this end, allows the laboratory conducting the test and the person on whom the
test is conducted to match the test results with the identifying number
or symbol.
(c) “Compulsory HIV Testing” – refers to HIV testing imposed upon a information, whether such permission is written, conveyed verbally, or
person attended or characterized by the lack of or vitiated consent, use expressed indirectly.
of physical force, intimidation or any form of compulsion.
(n) “Medical Confidentiality” – refers to the relationship of trust and
(d) “Contact tracing” – refers to the method of finding and counselling confidence created or existing between a patient or a person with HIV
the sexual partner(s) of a person who has been diagnosed as having and his attending physician, consulting medical specialist, nurse,
sexually transmitted disease. medical technologist and all other health workers or personnel involved
in any counselling, testing or professional care of the former: it also
(e) “Human Immunodeficiency Virus (HIV)” – refers to the virus which applies to any person who, in any official capacity, has acquired or may
causes AIDS. have acquired such confidential information.
(f) “HIV/AIDS Monitoring” – refers to the documentation and analysis (o) “Person with HIV” – refers to an individual whose HIV test indicates,
of the number of HIV/AIDS infections and the pattern of its spread. directly or indirectly, that he/she is infected with HIV.
(g) “HIV/AIDS Prevention and Control” – refers to measures aimed at (p) “Pre-Test Counselling” – refers to the process of providing an
protecting non-infected persons from contracting HIV and minimizing individual information on the biomedical aspects of HIV/AIDS and
the impact of the condition of persons living with HIV. emotional support to any psychological implications of undergoing HIV
testing and the test result itself before he/she is subjected to the test.
(h) “HIV-positive” – refers to the presence of HIV infection as
documented by the presence of HIV or HIV antibodies in the sample (q) “Post-Test Counselling” – refers to the process of providing risk-
being tested. reduction information and emotional support to a person who
submitted to HIV testing at the time that the test result is released.
(i) “HIV-negative” denotes the absence of HIV or HIV antibodies upon
HIV testing. (r) “Prophylactic” – refers to any agent or device used to prevent the
transmission of a disease.
(j) “HIV Testing” – refers to any laboratory procedure done on an
individual to determine the presence or absence of HIV infection. (s) “Sexually Transmitted Diseases” – refers to any disease that may
be acquired or passed on through sexual contact.
(k) “HIV Transmission” – refers to the transfer of HIV from one infected
person to an uninfected individual, most commonly through sexual (t) “Voluntary HIV Testing” – refers to HIV testing done on an individual
intercourse, blood transfusion, sharing of intravenous needles and who, after having undergone pre-test counselling, willingly submits
during pregnancy. himself/herself to such test.
(l) “High-Risk Behavior” – refers to a person’s frequent involvement in (u) “Window Period” – refers to the period of lime, usually lasting from
certain activities which-increase the risk of transmitting or acquiring two weeks to six (6) months during which an infected individual will
HIV. lest “negative” upon HIV testing but can actually transmit the infection.
(m) “Informed Consent” – refers to the voluntary agreement of a

person to undergo or be subjected to a procedure based on full
ARTICLE I such information necessary to control the spread of HIV/AIDS and to
EDUCATION AND INFORMATION correct common misconceptions about this disease. The training of
health workers shall include discussions on HIV-related ethical issues
SEC. 4. HIV/AIDS Education in Schools. – The Department of such as confidentiality, informed consent and the duly to provide
Education, Culture and Sports (DECS), the Commission on Higher treatment.
Education (CHED), and the Technical Education and Skills Development
Authority (TESDA), utilizing official information provided by the SEC. 6. HIV/AIDS Education in the Workplace. – All government and
Department of Health, shall integrate instruction on the causes, modes private employees, workers, managers, and supervisors, including
of transmission and ways of preventing HIV/AIDS and other sexually members of the Armed Forces of the Philippines (AFP) and the
transmitted diseases in subjects taught in public and private schools at Philippine National Police (PNP), shall be provided with the standardized
intermediate grades, secondary and tertiary levels, including non- basic information and instruction on HIV/AIDS which shall include
formal and indigenous learning systems: Provided, That if the topics on confidentiality in the workplace and attitude towards infected
integration of HIV/AIDS education is not appropriate or feasible, the employees and workers. In collaboration with the Department of Health
DECS and TESDA shall design special modules on HIV/AIDS prevention (DOH), the Secretary of the Department of Labor and Employment
and control: Provided, further, That it shall not be used as an excuse (DOLE) shall oversee the anti-HIV/AIDS campaign in all private
to propagate birth control or the sale or distribution of birth control companies while the Armed Forces Chief of Staff and the Director
devices: Provided, finally, That it does not utilize sexually explicit General of the PNP shall oversee the implementation of this section.
materials.
SEC. 7. HIV/AIDS Education for Filipinos Going Abroad. – The State
Flexibility in the formulation and adoption of appropriate course shall ensure that all overseas Filipino workers and diplomatic, military,
content, scope, and methodology in each educational level or group trade, and labor officials and personnel to be assigned overseas shall
shall be allowed alter consultations with Parent-Teachers-Community undergo or attend a seminar on the cause, prevention and
Associations, Private School Associations, school officials, and other consequences of HIV/AIDS before certification for overseas
interest groups. As such, no instruction shall be offered to minors assignment. The Department of Labor and Employment or the
without adequate prior consultation with parents who must agree to Department of Foreign Affairs, the Department of Tourism and the
the thrust and content of the instruction materials. Department of Justice through the Bureau of Immigration, as the case
may be, in collaboration with the Department of Health (DOH), shall
All teachers and instructors of said HIV/AIDS courses shall be required oversee the implementation of this Section.
to undergo a seminar or training on HIV/AIDS prevention and control
to be supervised by DECS, CHED and TESDA, in coordination with the SEC. 8. Information Campaign for Tourists and Transients. –
Department of Health (DOH), before they are allowed to teach on the Informational aids or .materials on the cause, modes of transmission,
subject. prevention, and consequences of HIV infection shall be adequately
provided at all international ports of entry and exit. The Department of
SEC. 5. HIV/AIDS Information as a Health Service. – HIV/AIDS Tourism, the Department of Foreign Affairs, the Department of Justice
education and information dissemination shall form part of the delivery through the Bureau of Immigration, in collaboration with the
of health services by health practitioners, workers and personnel. The Department of Health (DOH), shall oversee the implementation of this
knowledge and capabilities or all public health workers shall be Act.
enhanced to include skills for proper information dissemination and
education on HIV/AIDS. It shall likewise be considered a civic duty of SEC. 9. HIV/AIDS Education in Communities. – Local government units,
health providers in the private sector to make available to the public in collaboration with the Department of Health (DOH), shall conduct an
educational and information campaign on HIV/AIDS. The provincial SEC. 13. Guidelines on Surgical and Similar Procedures. – The
governor, city or municipal mayor and the barangay captain shall Department of Health (DOH), in consultation and in coordination with
coordinate such campaign among concerned government agencies, concerned professional organizations and hospital associations, shall
non-government organizations and church-based groups. issue guidelines on precautions against HIV transmission during
surgical, dental embalming, tattooing or similar procedures. The DOH
SEC. 10. Information on Prophylactics. – Appropriate information shall shall likewise issue guidelines on the handling and disposition of
be attached to or provided with every prophylactic offered for sale or cadavers, body fluids or wastes of persons known or believed to be
given as a donation. Such information shall be legibly printed in English HIV-positive.
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 necessary protective equipment such as gloves, goggles and
the importance of sexual abstinence and mutual fidelity. gowns, shall be made available to all physicians and health care
providers and similarly exposed personnel at all times.
SEC. 11. Penalties for Misleading Information. – Misinformation on
HIV/AIDS prevention and control through false and misleading SEC. 14. Penalties for Unsafe Practices and Procedures. – Any person
advertising and claims in any of the tri-media or the promotional who knowingly or negligently causes another to get infected with HIV
marketing of drugs, devices, agents or procedures without prior in the course of the practice of his/her profession through unsafe and
approval from the Department of Health and the Bureau of Food and unsanitary practice or procedure is liable to suffer a penalty of
Drugs and the requisite medical and scientific basis, including markings imprisonment for six (6) years to twelve (12) years, without prejudice
and indications in drugs and devises or agents, purporting to be a cure to the imposition of administrative sanctions such as, but not limited
or a fail-safe prophylactic for HIV infection is punishable with a penalty to, fines and suspension or revocation of (he license to practice his/her
of imprisonment for two (2) months to two (2) years, without prejudice profession. The permit or license of any business entity and the
to the imposition of administrative sanctions such as fines and accreditation of hospitals, laboratory, or clinics may be cancelled or
suspension or revocation of professional or business license. withdrawn if said establishments fail to maintain such safe practices
and procedures as may be required by the guidelines to be formulated
ARTICLE II in compliance with Section 13 of this Act.
SAFE PRACTICES AND PROCEDURES
ARTICLE III
SEC. 12. Requirement on the Donation of Blood, Tissue, or Organ. – TESTING, SCREENING AND COUNSELLING
No laboratory or institution shall accept a donation of tissue or organ,
whether such donation is gratuitous or onerous, unless a sample from SEC. 15. Consent as a Requisite for HIV Testing. – No compulsory HIV
the donor has been tested negative for HIV. All donated blood shall testing shall be allowed. However, the State shall encourage voluntary
also be subjected to HIV testing and HIV (+) blood shall be disposed testing for individuals with a high risk for contracting HIV: Provided,
of properly and immediately. A second testing may be demanded as a that written informed consent must first be obtained. Such consent
matter of right by the blood, tissue, or organ recipient or his immediate shall be obtained from the person concerned if he/she is of legal age
relatives before transfusion or transplant, except during emergency or from the parents or legal guardian in the case of a minor or a
cases: Provided, that donations of blood, tissue, or organ testing mentally incapacitated individual. Lawful consent to HIV testing of a
positive for HIV may be accepted for research purposes only, and donated human body, organ, tissue, or blood shall be considered as
subject to strict sanitary disposal requirements. having been given when:
(a) person volunteers or freely agrees to donate his/her blood, organ, mandated to seek accreditation from the Department of Health which
or tissue for transfusion, transplantation, or research; shall set and maintain reasonable accreditation standards.
(b) a person has executed a legacy in accordance with Section 3 of SEC. 20. Pre-test and Post-test Counselling. – All testing centers,
Republic Act No. 7170, also known as the “Organ Donation Act of clinics, or laboratories which perform any HIV test shall be required to
1991”; provide and conduct free pre-test counselling and post-test counselling
for persons who avail of their HIV/AIDS testing services. However, such
(c) a donation is executed in accordance with Section 4 of Republic Act counselling services must be provided only by persons who meet the
No. 7170. standards set by the DOH.
SEC. 16. Prohibitions on Compulsory HIV Testing. – Compulsory HIV SEC. 21. Support for HIV Testing Centers. – The Department of Health
testing as a precondition to employment, admission to educational shall strategically build and enhance the capabilities for HIV testing of
institutions, the exercise of freedom or abode, entry or continued stay hospitals, clinics, laboratories, and other testing centers primarily, by
in the country, or the right to travel, the provision of medical service or ensuring the training of competent personnel who will provide such
any other kind of service, or the continued enjoyment of said services in said testing sites.
undertakings shall be deemed unlawful.
ARTICLE IV
SEC. 17. Exception to the Prohibition on Compulsory Testing. – HEALTH AND SUPPORT SERVICES
Compulsory HIV testing may be allowed only in the following instances:
SEC. 22. Hospital-Based Services. – Persons with HIV/AIDS shall be
a) When a person is charged with any of the crimes punishable under afforded basic health services in all government hospitals, without
Articles 264 and 266 as amended by Republic Act No. 8353, 335 and prejudice to optimum medical care which may be provided by special
338 of Republic Act No. 3815, otherwise known as the “Revised Penal AIDS wards and hospitals.
Code” or under Republic Act No. 7659;
SEC. 23. Community-Based Services. – Local government units, in
b) When the determination of the HIV status is necessary to resolve coordination and in cooperation with concerned government agencies,
the relevant issues under Executive Order No. 309, otherwise known non-government organizations, persons with HIV/AIDS and groups
as the “Family Code of the Philippines”; and most at risk of HIV infection shall provide community-based HIV/AIDS
prevention and care services.
c) When complying with the provisions of Republic Act No. 7170,
otherwise known as the “Organ Donation Act” and Republic Act No. SEC. 24. Livelihood Programs and Trainings. – Trainings for livelihood,
7719, otherwise known as the “National Blood Services Act”. self-help cooperative programs shall be made accessible and available
to all persons with HIV/AIDS. Persons infected with HIV/ AIDS shall not
SEC. 18. Anonymous HIV Testing. – The State shall provide a be deprived of full participation in any livelihood, self-help and
mechanism for anonymous HIV testing and shall guarantee anonymity cooperative programs for reason of their health conditions.
and medical confidentiality in the conduct of such tests.
SEC. 25. Control of Sexually Transmitted Diseases. – The Department
SEC. 19. Accreditation of HIV Testing Centers. – All testing centers, of Health, in coordination and in cooperation with concerned
hospitals, clinics, and laboratories offering IIIV testing services are government agencies and non-government organizations shall pursue
the prevention and control of sexually transmitted diseases to help ARTICLE VI
contain the spread of HIV infection. CONFIDENTIALITY
SEC. 26. Insurance for Persons with HIV. – The Secretary of Health, in SEC. 30. Medical Confidentiality. – All health professionals, medical
cooperation with the Commissioner of the Insurance Commission and instructors, workers, employers, recruitment agencies, insurance
other public and private insurance agencies, shall conduct a study on companies, data encoders, and other custodians of any medical record,
the feasibility and viability of selling up a package of insurance benefits file, data, or test results are directed to strictly observe confidentiality
and, should such study warrant it, implement an insurance coverage in the handling of all medical information, particularly the identity and
program for persons with HIV. The study shall be guided by the status of persons with HIV.
principle that access to health insurance is part of an individual’s right
to health and is the responsibility of the State and of society as a whole. SEC. 31. Exceptions to the Mandate of Confidentiality. – Medical
confidentiality shall not be considered breached in the following cases:
ARTICLE V
MONITORING (a) when complying with reportorial requirements in conjunction with
the AIDSWATCH programs provided in Section 27 of this Act;
SEC. 27. Monitoring Program. – A comprehensive HIV/AIDS monitoring
program or “AIDSWATCH” shall be established under the Department (b) when informing other health workers directly involved or about to
of Health to determine and monitor the magnitude and progression of be involved in the treatment or care of a person with
HIV infection in the Philippines, and for the purpose of evaluating the HIV/AIDS: Provided, That such treatment or care carry the risk of HIV
adequacy and efficacy or the countermeasures being employed. transmission: Provided, further, That such workers shall be obliged to
maintain the shared medical confidentiality;
SEC. 28. Reporting Procedures. – All hospitals, clinics, laboratories, and
testing centers for HIV/AIDS shall adopt measures in assuring the (c) when responding to a subpoena duces tecum and subpoena ad
reporting and confidentiality of any medical record, personal data, file, testificandum issued by a Court with jurisdiction over a legal proceeding
including all data which may be accessed from various data banks or where the main issue is the HIV status of an individual: Provided, That
information systems. The Department of Health through its the confidential medical record shall be properly sealed by its lawful
AIDSWATCH monitoring program shall receive, collate and evaluate all custodian after being double-checked for accuracy by the head of the
HIV/AIDS related medical reports. The AIDSWATCH data base shall office or department, hand delivered, and personally opened by the
utilize a coding system that promotes client anonymity. judge: Provided, further, That the judicial proceedings be held in
executive session.
SEC. 29. Contact Tracing. – HIV/AIDS contact tracing and all other
related health intelligence activities may be pursued by the Department SEC. 32. Release of HIV/AIDS Test Results. – All results or HIV/AIDS
of Health: Provided, That these do not run counter to the general testing shall be confidential and shall be released only to the following
purpose of this Act: Provided, further, That any information gathered persons:
shall remain confidential and classified, and can only be used for
statistical and monitoring purposes and not as basis or qualification for (a) the person who submitted himself/herself to such test;
any employment, school attendance, freedom of abode, or travel.
b) either parent of a minor child who has been tested;
(c) a legal guardian in the case of insane persons or orphans;

(d) a person authorized to receive such results in conjunction with the SEC. 38. Inhibition from Public Service. – The right to seek an elective
AIDSWATCH program as provided in Section 27 of this Act; or appointive public office shall not be denied to a person with HIV.
(e) a justice of the Court of Appeals or the Supreme Court, as provided SEC. 39. Exclusion from Credit and Insurance Services. – All credit and
under subsection (c) of this Act and in accordance with the provision loan services, including health, accident and life insurance shall not be
of Section 16 hereof. denied to a person on the basis of his/her actual, perceived or
suspected HIV status: Provided, That the person with HIV has not
SEC. 33. Penalties for Violations of Confidentiality. – Any violation of concealed or misrepresented the fact to the insurance company upon
medical confidentiality as provided in Sections 30 and 32 of this Act application. Extension and continuation of credit and loan shall likewise
shall suffer the penalty of imprisonment for six (6) months to four (4) not be denied solely on the basis of said health condition.
years, without prejudice to administrative sanctions such as fines and
suspension or revocation of the violator’s license to practice his/her SEC. 40. Discrimination in Hospitals and Health Institutions. – No
profession, as well as the cancellation or withdrawal of the license to person shall be denied health care service or be charged with a higher
operate any business entity and the accreditation of hospitals, fee on account of actual, perceived or suspected HIV status.
laboratories or clinics.
SEC. 41. Denial of Burial Services. – A deceased person who had AIDS
SEC. 34. Disclosure to Sexual Partners. – Any person with HIV is obliged or who was known, suspected or perceived to be HIV-positive shall not
to disclose his/her HIV status and health condition lo his/her spouse or be denied any kind of decent burial services.
sexual partner at the earliest opportune time.
SEC. 42. Penalties for Discriminatory Acts and Policies. – All
ARTICLE VII discriminatory acts and policies referred to in this Act shall be
DISCRIMINATORY ACTS AND POLICIES punishable with a penalty of imprisonment for six (6) months to four
(4) years and a fine not exceeding Ten thousand pesos (P10,000.00).
SEC. 35. Discrimination in the Workplace. – Discrimination in any form In addition, licenses/permits of schools, hospitals and other institutions
from pre-employment to post-employment, including hiring, promotion found guilty of committing discriminatory acts and policies described in
or assignment, based on the actual, perceived or suspected HIV status this Act shall be revoked.
of an individual is prohibited. Termination from work on the sole basis
of actual, perceived or suspected HIV status is deemed unlawful. ARTICLE VIII
THE PHILIPPINE NATIONAL AIDS COUNCIL
SEC. 36. Discrimination in Schools. – No educational institution shall
refuse admission or expel, discipline, segregate, deny participation, SEC. 43. Establishment. – The Philippine National AIDS Council (PNAC)
benefits or services to a student or prospective student on the basis of created by virtue of Executive Order No. 39 dated 3 December 1992
his/her actual, perceived or suspected HIV status. shall be reconstituted and strengthened to enable the Council to
oversee an integrated and comprehensive approach to HIV/AIDS
SEC. 37. Restrictions on Travel and Habitation. – The freedom of prevention and control in the Philippines. It shall be attached to the
abode, lodging and travel of a person with HIV shall not be abridged. Department of Health.
No person shall be quarantined, placed in isolation, or refused lawful
entry into or deported from Philippine territory on account of his/her SEC. 44. Functions. – The Council shall be the central advisory planning
actual, perceived or suspected HIV status. and policy-making body for the comprehensive and integrated
HIV/AIDS prevention and control program in the Philippines. The (e) Coordinate and cooperate with foreign and international
Council shall perform the following functions: organizations regarding data collection, research and treatment
modalities concerning HIV/AIDS; and
(a) Secure from government agencies concerned recommendations on
how their respective agencies could operationalize specific provisions (f) Evaluate the adequacy of and make recommendations regarding the
of this Act. The Council shall integrate and coordinate such utilization of national resources for the prevention and control of
recommendations and issue implementing rules and regulations of this HIV/AIDS in the Philippines.
Act. The Council shall likewise ensure that there is adequate coverage
of the following: SEC. 45. Membership and Composition. – (a) The Council shall be
composed of twenty-six (26) members as follows:
(1) The institution of a nationwide HIV/AIDS information and education
program; (1) The Secretary of the Department of Health;
(2) The establishment of a comprehensive HIV/AIDS monitoring (2) The Secretary of the Department of Education, Culture and Sports
system; or his representative;
(3) The issuance of guidelines on medical and other practices and (3) The Chairperson of the Commission on Higher Education or his
procedures that carry the risk of HIV transmission; representative;
(4) The provision of accessible and affordable HIV testing and (4) The Director-General of the Technical Education and Skills
counselling services to those who are in need of it; Development Authority or his representative;
(5) The provision of acceptable health and support services for persons (5) The Secretary of the Department of Labor and Employment or his
with HIV/AIDS in hospitals and in communities; representative;
(6) The protection and promotion of the rights of individuals with HIV; (6) The Secretary of the Department of Social Welfare and
and Development or his representative;
(7) The strict observance of medical confidentiality. (7) The Secretary of the Department of the Interior and Local
Government or his representative;
(b) Monitor the implementation of the rules and regulations of this Act,
issue or cause the issuance of orders or make recommendations to the (8) The Secretary of the Department of Justice or his representative;
implementing agencies as the Council considers appropriate;
(9) The Director-General of the National Economic and Development
(c) Develop a comprehensive long-term national HIV/AIDS prevention Authority or his representative;
and control program and monitor its implementation;
(10) The Secretary of the Department of Tourism or his representative;
(d) Coordinate the activities of and strengthen working relationships
between government and non-government agencies involved in the
campaign against HIV/AIDS;
(11) The Secretary of the Department of Budget and Management or (e) The Secretary of Health shall be the permanent chairperson of the
his representative; Council; however, the vice-chairperson shall be elected by its members
from among themselves, and shall serve for a term of two (2) years;
(12) The Secretary of the Department of Foreign Affairs or his and
representative;
(f) For members representing medical/health professional groups and
(13) The Head of the Philippine Information Agency or his the six (6) non-government organizations, they shall serve for a term
representative; of two (2) years, renewable upon recommendation of the Council.
(14) The Present of the League of Governors or his representative; SEC. 46. Reports. – The Council shall submit to the President and to
both Houses of Congress comprehensive annual reports on the
(15) The President of the League of City Mayors or his representative; activities and accomplishments of the Council. Such annual reports shall
contain assessments and evaluation of intervention programs, plans
(16) The Chairperson of the Committee on Health of the Senate of the and strategies for the medium- and long-term prevention and control
Philippines or his representative; program on HIV/AIDS in the Philippines.
(17) The Chairperson of the Committee on Health of the House of SEC. 47. Creation of Special HIV/AIDS Prevention and Control Service.
Representatives or his representative; – There shall be created in the Department of Health a Special
HIV/AIDS Prevention and Control Service staffed by qualified medical
(18) Two (2) representatives from organizations of medical/health specialists and support staff with permanent appointment and
professionals; supported with an adequate yearly budget. It shall implement
programs on HIV/ AIDS prevention and control. In addition, it shall also
(19) Six (6) representatives from non-government organizations serve as the secretariat of the Council.
involved in H1V/A1DS prevention and control efforts or activities; and
SEC. 48. Appropriations. – The amount of Twenty million pesos
(20) A representative of an organization of persons dealing with (P20,000,000.00) shall be initially appropriated out of the funds of the
HIV/AIDS. National Treasury. Subsequent appropriations shall be provided by
Congress in the annual budget of the Department of Health under the
(b) To the greatest extent possible, appointment to the Council must General Appropriations Act.
ensure sufficient and discernible representation from the fields of
medicine, education, health care, law, labor, ethics and social services; ARTICLE IX
MISCELLANEOUS PROVISIONS
(c) All members of the Council shall be appointed by the President of
the Republic of the Philippines, except for the representatives of the SEC. 49. Implementing Rules and Regulations. – Within six (6) months
Senate and the House of Representatives, who shall be appointed by after it is fully reconstituted, the Council shall formulate and issue the
the Senate President and the House Speaker, respectively; appropriate rules and regulations necessary for the implementation of
this Act.
(d) The members of the Council shall be appointed not later than thirty
(30) days after the date of the enactment 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 PERTINENT LAWS
shall remain in force and effect.
✓ EXECUTIVE ORDER NO. 39
SEC. 51. Repealing Clause. – All laws, presidential decrees, executive - CREATED “THE PHILIPPINE NATIONAL AIDS COUNCIL” IN
orders and their implementing rules inconsistent with the provisions of DECEMBER 1992
this Act are hereby repealed, amended or modified accordingly. - COMPOSED OF 26 MEMBERS
SEC. 52. Effectivity. – This Act shall take effect fifteen (15) days after
its publication in at least two (2) national newspapers of general
circulation.
ADDENDUM:
PROTECTION OF HIV (+) INDIVIDUALS

- considers compulsory HIV testing as UNLAWFUL
- COMPULSARY TESTING IS ALLOWED ONLY IN:
✓ DONATION (BLOOD AND ORGAN)
✓ ON-GOING COURT HEARING
✓ NECESSARY TO RESOLVE FAMILY ISSUE
(under FAMILY CODE)
-EXCEPT:
✓ Informing Co-workers (directly involved in
testing)
✓ Subpoena/Court orders
✓ DOH (when collecting data for statistics)
✓ Disclosure to sexual partners (under
SECTION 34)
RESULTS ARE RELEASED TO WHOM? (P-A-P-E-L)

✓ Patient
✓ As per Court Order/Subpoena
✓ Personnel from DOH (collecting data)
✓ Either parent (for minors)
✓ Legal guardian (ex. Guardian for insane)
NOTE:
✓ Discriminatory Act 6 months to 4 years
✓ Violation of Confidentiality of imprisonment
R.A 9165 COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (a) Administer. — Any act of introducing any dangerous drug into the body of any person, with or without his/her
DATE OF APPROVAL: JUNE 7, 2002 knowledge, by injection, inhalation, ingestion or other means, or of committing any act of indispensable
TERM: GLORIA MACAPAGAL-ARROYO
assistance to a person in administering a dangerous drug to himself/herself unless administered by a duly
ARTICLES: 13
licensed practitioner for purposes of medication.
SECTIONS: 102
AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT (b) Board. — Refers to the Dangerous Drugs Board under Section 77, Article IX of this Act.
NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING
FUNDS THEREFOR, AND FOR OTHER PURPOSES (c) Centers. — Any of the treatment and rehabilitation centers for drug dependents referred to in Section 75,
Article VIII of this Act.
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled.
d) Chemical Diversion. — The sale, distribution, supply or transport of legitimately imported, in-transit,
SECTION 1. Short Title. — This Act shall be known and cited as the “Comprehensive Dangerous Drugs Act of manufactured or procured controlled precursors and essential chemicals, in diluted, mixtures or in concentrated
2002”. form, to any person or entity engaged in the manufacture of any dangerous drug, and shall include packaging,
repackaging, labeling, relabeling or concealment of such transaction through fraud, destruction of documents,
SEC. 2. Declaration of Policy. — It is the policy of the State to safeguard the integrity of its territory and the well- fraudulent use of permits, misdeclaration, use of front companies or mail fraud.
being of its citizenry particularly the youth, from the harmful effects of dangerous drugs on their physical and
mental well-being, and to defend the same against acts or omissions detrimental to their development and (e) Clandestine Laboratory. — Any facility used for the illegal manufacture of any dangerous drug and/or
preservation. In view of the foregoing, the State needs to enhance further the efficacy of the law against controlled precursor and essential chemical.
dangerous drugs, it being one of today’s more serious social ills.

(f) Confirmatory Test. — An analytical test using a device, tool or equipment with a different chemical or physical
Toward this end, the government shall pursue an intensive and unrelenting campaign against the trafficking and principle that is more specific which will validate and confirm the result of the screening test.
use of dangerous drugs and other similar substances through an integrated system of planning, implementation
and enforcement of anti-drug abuse policies, programs, and projects. The government shall however aim to (g) Controlled Delivery. — The investigative technique of allowing an unlawful or suspect consignment of any
achieve a balance in the national drug control program so that people with legitimate medical needs are not dangerous drug and/or controlled precursor and essential chemical, equipment or paraphernalia, or property
prevented from being treated with adequate amounts of appropriate medications, which include the use of believed to be derived directly or indirectly from any offense, to pass into, through or out of the country under
dangerous drugs. the supervision of an authorized officer, with a view to gathering evidence to identify any person involved in any
dangerous drugs related offense, or to facilitate prosecution of that offense.
It is further declared the policy of the State to provide effective mechanisms or measures to re-integrate into
society individuals who have fallen victims to drug abuse or dangerous drug dependence through sustainable (h) Controlled Precursors and Essential Chemicals. — Include those listed in Tables I and II of the 1988 UN
programs of treatment and rehabilitation. Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached
annex, which is an integral part of this Act.
ARTICLE I
(i) Cultivate or Culture. — Any act of knowingly planting, growing, raising, or permitting the planting, growing or
DEFINITION OF TERMS raising of any plant which is the source of a dangerous drug.
SEC. 3. Definitions. — As used in this Act, the following terms shall mean: (j) Dangerous Drugs. — Include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic
Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on
Psychotropic Substances as enumerated in the attached annex which is an integral part of this Act.
MEDTECH LAWS AND BIOETHICS PREPARED BY: ROILAND A. BAYBAYON, RMT

(k) Deliver. — Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any (u) Manufacture. — The production, preparation, compounding or processing of any dangerous drug and/or
means, with or without consideration. controlled precursor and essential chemical, either directly or indirectly or by extraction from substances of
natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical
(l) Den, Dive or Resort. — A place where any dangerous drug and/or controlled precursor and essential chemical synthesis, and shall include any packaging or repackaging of such substances, design or configuration of its
is administered, delivered, stored for illegal purposes, distributed, sold or used in any form. form, or labeling or relabeling of its container; except that such terms do not include the preparation,
compounding, packaging or labeling of a drug or other substances by a duly authorized practitioner as an incident
(m) Dispense. — Any act of giving away, selling or distributing medicine or any dangerous drug with or without to his/her administration or dispensation of such drug or substance in the course of his/her professional practice
the use of prescription. including research, teaching and chemical analysis of dangerous drugs or such substances that are not intended
for sale or for any other purpose.
(n) Drug Dependence. — As based on the World Health Organization definition, it is a cluster of physiological,
behavioral and cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high (v) Cannabis or commonly known as “Marijuana” or “Indian Hemp” or by its any other name. — Embraces every
priority thereby involving, among others, a strong desire or a sense of compulsion to take the substance and the kind, class, genus, or specie of the plant Cannabis sativa L. including, but not limited to, Cannabis americana,
difficulties in controlling substance-taking behavior in terms of its onset, termination, or levels of use. hashish, bhang, guaza, churrus and ganjab, and embraces every kind, class and character of marijuana, whether
dried or fresh and flowering, flowering or fruiting tops, or any part or portion of the plant and seeds thereof, and
(o) Drug Syndicate. — Any organized group of two (2) or more persons forming or joining together with the all its geographic varieties, whether as a reefer, resin, extract, tincture or in any form whatsoever.
intention of committing any offense prescribed under this Act.
(w) Methylenedioxymethamphetamine (MDMA) or commonly known as “Ecstasy”, or by its any other name. —
(p) Employee of Den, Dive or Resort. — The caretaker, helper, watchman, lookout, and other persons working in Refers to the drug having such chemical composition, including any of its isomers or derivatives in any form.
the den, dive or resort, employed by the maintainer, owner and/or operator where any dangerous drug and/or
controlled precursor and essential chemical is administered, delivered, distributed, sold or used, with or without (x) Methamphetamine Hydrochloride or commonly known as “Shabu”, “Ice”, “Meth”, or by its any other name.
compensation, in connection with the operation thereof. — Refers to the drug having such chemical composition, including any of its isomers or derivatives in any form.
(q) Financier. — Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities (y) Opium. — Refers to the coagulated juice of the opium poppy (Papaver somniferum L.) and embraces every
prescribed under this Act. kind, class and character of opium, whether crude or prepared; the ashes or refuse of the same; narcotic
preparations thereof or therefrom; morphine or any alkaloid of opium; preparations in which opium, morphine or
(r) Illegal Trafficking. — The illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, any alkaloid of opium enters as an ingredient; opium poppy; opium poppy straw; and leaves or wrappings of
trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or opium leaves, whether prepared for use or not.
controlled precursor and essential chemical.
(z) Opium Poppy. — Refers to any part of the plant of the species Papaver somniferum L., Papaver setigerum
(s) Instrument. — Any thing that is used in or intended to be used in any manner in the commission of illegal DC, Papaver orientale, Papaver bracteatum and Papaver rhoeas, which includes the seeds, straws, branches,
drug trafficking or related offenses. leaves or any part thereof, or substances derived therefrom, even for floral, decorative and culinary purposes.
(t) Laboratory Equipment. — The paraphernalia, apparatus, materials or appliances when used, intended for use (aa) PDEA. — Refers to the Philippine Drug Enforcement Agency under Section 82, Article IX of this Act.
or designed for use in the manufacture of any dangerous drug and/or controlled precursor and essential
chemical, such as reaction vessel, preparative/purifying equipment, fermentors, separatory funnel, flask, heating (bb) Person. — Any entity, natural or juridical, including among others, a corporation, partnership, trust or estate,
mantle, gas generator, or their substitute. joint stock company, association, syndicate, joint venture or other unincorporated organization or group capable
of acquiring rights or entering into obligations.

(cc) Planting of Evidence. — The willful act by any person of maliciously and surreptitiously inserting, placing, ARTICLE II
adding or attaching directly or indirectly, through any overt or covert act, whatever quantity of any dangerous
drug and/or controlled precursor and essential chemical in the person, house, effects or in the immediate vicinity UNLAWFUL ACTS AND PENALTIES
of an innocent individual for the purpose of implicating, incriminating or imputing the commission of any violation
of this Act. SEC. 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. — The penalty
of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million
(dd) Practitioner. — Any person who is a licensed physician, dentist, chemist, medical technologist, nurse, pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall import or bring
midwife, veterinarian or pharmacist in the Philippines. into the Philippines any dangerous drug, regardless of the quantity and purity involved, including any and all
species of opium poppy or any part thereof or substances derived therefrom even for floral, decorative and
(ee) Protector/Coddler. — Any person who knowingly and willfully consents to the unlawful acts provided for in culinary purposes.
this Act and uses his/her influence, power or position in shielding, harboring, screening or facilitating the escape
of any person he/she knows, or has reasonable grounds to believe on or suspects, has violated the provisions The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine
of this Act in order to prevent the arrest, prosecution and conviction of the violator. ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who, unless authorized by law, shall import any controlled precursor and essential
(ff) Pusher. — Any person who sells, trades, administers, dispenses, delivers or gives away to another, on any chemical.
terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in
any of such transactions, in violation of this Act. The maximum penalty provided for under this Section shall be imposed upon any person, who, unless authorized
under this Act, shall import or bring into the Philippines any dangerous drug and/or controlled precursor and
(gg) School. — Any educational institution, private or public, undertaking educational operation for essential chemical through the use of a diplomatic passport, diplomatic facilities or any other means involving
pupils/students pursuing certain studies at defined levels, receiving instructions from teachers, usually located his/her official status intended to facilitate the unlawful entry of the same. In addition, the diplomatic passport
in a building or a group of buildings in a particular physical or cyber site. shall be confiscated and canceled.
(hh) Screening Test. — A rapid test performed to establish potential/presumptive positive result. The maximum penalty provided for under this Section shall be imposed upon any person, who organizes,
manages or acts as a “financier” of any of the illegal activities prescribed in this Section.
(ii) Sell. — Any act of giving away any dangerous drug and/or controlled precursor and essential chemical
whether for money or any other consideration. The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
(jj) Trading. — Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and upon any person, who acts as a “protector/coddler” of any violator of the provisions under this Section.
essential chemicals using electronic devices such as, but not limited to, text messages, e-mail, mobile or
landlines, two-way radios, internet, instant messengers and chat rooms or acting as a broker in any of such SEC. 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous
transactions whether for money or any other consideration in violation of this Act. Drugs and/or Controlled Precursors and Essential Chemicals. — The penalty of life imprisonment to death and
a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be
(kk) Use. — Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking, imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give
sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system of the body, any of away to another, distribute, dispatch in transit or transport any dangerous drug, including any and all species of
the dangerous drugs. opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall

be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give Should any dangerous drug be the proximate cause of the death of a person using the same in such den, dive or
away to another, distribute, dispatch in transit or transport any controlled precursor and essential chemical, or resort, the penalty of death and a fine ranging from One million (P1,000,000.00) to Fifteen million pesos
shall act as a broker in such transactions. (P15,000,000.00) shall be imposed on the maintainer, owner and/or operator.
If the sale, trading, administration, dispensation, delivery, distribution or transportation of any dangerous drug If such den, dive or resort is owned by a third person, the same shall be confiscated and escheated in favor of
and/or controlled precursor and essential chemical transpires within one hundred (100) meters from the school, the government: Provided, That the criminal complaint shall specifically allege that such place is intentionally
the maximum penalty shall be imposed in every case. used in the furtherance of the crime: Provided, further, That the prosecution shall prove such intent on the part
of the owner to use the property for such purpose: Provided, finally, That the owner shall be included as an
For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers, or accused in the criminal complaint.
in any other capacity directly connected to the dangerous drugs and/or controlled precursors and essential
chemicals trade, the maximum penalty shall be imposed in every case. The maximum penalty provided for under this Section shall be imposed upon any person who organizes, manages
or acts as a “financier” of any of the illegal activities prescribed in this Section.
If the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous drug and/or
a controlled precursor and essential chemical involved in any offense herein provided be the proximate cause of The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from
death of a victim thereof, the maximum penalty provided for under this Section shall be imposed. One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who acts as a “protector/coddler” of any violator of the provisions under this Section. ITHADC
The maximum penalty provided for under this Section shall be imposed upon any person who organizes, manages
or acts as a “financier” of any of the illegal activities prescribed in this Section. SEC. 7. Employees and Visitors of a Den, Dive or Resort. — The penalty of imprisonment ranging from twelve
(12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon:
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who acts as a “protector/coddler” of any violator of the provisions under this Section. (a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and
SEC. 6. Maintenance of a Den, Dive or Resort. — The penalty of life imprisonment to death and a fine ranging (b) Any person who, not being included in the provisions of the next preceding paragraph, is aware of the nature
from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon of the place as such and shall knowingly visit the same.
any person or group of persons who shall maintain a den, dive or resort where any dangerous drug is used or
sold in any form. SEC. 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. — The penalty
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall engage in the
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall manufacture of any dangerous drug.
be imposed upon any person or group of persons who shall maintain a den, dive, or resort where any controlled
precursor and essential chemical is used or sold in any form. The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
The maximum penalty provided for under this Section shall be imposed in every case where any dangerous drug be imposed upon any person, who, unless authorized by law, shall manufacture any controlled precursor and
is administered, delivered or sold to a minor who is allowed to use the same in such a place. essential chemical.

The presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging
laboratory is a prima facie proof of manufacture of any dangerous drug. It shall be considered an aggravating from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed if it will be used
circumstance if the clandestine laboratory is undertaken or established under the following circumstances: to inject, ingest, inhale or otherwise introduce into the human body a dangerous drug in violation of this Act.
(a) Any phase of the manufacturing process was conducted in the presence or with the help of minor/s; The maximum penalty provided for under this Section shall be imposed upon any person, who uses a minor or a
mentally incapacitated individual to deliver such equipment, instrument, apparatus and other paraphernalia for
(b) Any phase or manufacturing process was established or undertaken within one hundred (100) meters of a dangerous drugs.
residential, business, church or school premises;
SEC. 11. Possession of Dangerous Drugs. — The penalty of life imprisonment to death and a fine ranging from
(c) Any clandestine laboratory was secured or protected with booby traps; Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any
person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless
(d) Any clandestine laboratory was concealed with legitimate business operations; or of the degree of purity thereof:
(e) Any employment of a practitioner, chemical engineer, public official or foreigner. (1) 10 grams or more of opium;
The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, (2) 10 grams or more of morphine;
manages or acts as a “financier” of any of the illegal activities prescribed in this Section.
(3) 10 grams or more of heroin;
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed (4) 10 grams or more of cocaine or cocaine hydrochloride;
upon any person, who acts as a “protector/coddler” of any violator of the provisions under this Section.
(5) 50 grams or more of methamphetamine hydrochloride or “shabu”;
SEC. 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. — The penalty of
imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One (6) 10 grams or more of marijuana resin or marijuana resin oil;
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon
any person, who, unless authorized by law, shall illegally divert any controlled precursor and essential chemical. (7) 500 grams or more of marijuana; and
SEC. 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous (8) 10 grams or more of other dangerous drugs such as, but not limited to, methylenedioxymethamphetamine
Drugs and/or Controlled Precursors and Essential Chemicals. — The penalty of imprisonment ranging from (MDMA) or “ecstasy”, paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid
twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos diethylamine (LSD), gamma hydroxybutyrate (GHB), and those similarly designed or newly introduced drugs and
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person who shall their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic
deliver, possess with intent to deliver, or manufacture with intent to deliver equipment, instrument, apparatus requirements, as determined and promulgated by the Board in accordance to Section 93, Article XI of this Act.
and other paraphernalia for dangerous drugs, knowing, or under circumstances where one reasonably should
know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as
process, prepare, test, analyze, pack, repack, store, contain or conceal any dangerous drug and/or controlled follows:
precursor and essential chemical in violation of this Act.

(1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred of at least two (2) persons, shall suffer the maximum penalties provided for in Section 11 of this Act, regardless
thousand pesos (P500,000.00), if the quantity of methamphetamine hydrochloride or “shabu” is ten (10) grams of the quantity and purity of such dangerous drugs.
or more but less than fifty (50) grams;
SEC. 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During
(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging from Four hundred Parties, Social Gatherings or Meetings. — The maximum penalty provided for in Section 12 of this Act shall be
thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantities of dangerous imposed upon any person, who shall possess or have under his/her control any equipment, instrument,
drugs are five (5) grams or more but less than ten (10) grams of opium, morphine, heroin, cocaine or cocaine apparatus and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or
hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or “shabu”, or other introducing any dangerous drug into the body, during parties, social gatherings or meetings, or in the proximate
dangerous drugs such as, but not limited to, MDMA or “ecstasy”, PMA, TMA, LSD, GHB, and those similarly company of at least two (2) persons.
designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements; or three hundred (300) grams or more but less than five SEC. 15. Use of Dangerous Drugs. — A person apprehended or arrested, who is found to be positive for use of
hundred (500) grams of marijuana; and any dangerous drug, after a confirmatory test, shall be imposed a penalty of a minimum of six (6) months
rehabilitation in a government center for the first offense, subject to the provisions of Article VIII of this Act. If
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred apprehended using any dangerous drug for the second time, he/she shall suffer the penalty of imprisonment
thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of dangerous ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos
drugs are less than five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin (P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, That this Section shall not be applicable
or marijuana resin oil, methamphetamine hydrochloride or “shabu”, or other dangerous drugs such as, but not where the person tested is also found to have in his/her possession such quantity of any dangerous drug
limited to, MDMA or “ecstasy”, PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs provided for under Section 11 of this Act, in which case the provisions stated therein shall apply.
and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic
requirements; or less than three hundred (300) grams of marijuana. SEC. 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof. — The penalty
SEC. 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs. — The pesos (P10,000,000.00) shall be imposed upon any person, who shall plant, cultivate or culture marijuana, opium
penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from poppy or any other plant regardless of quantity, which is or may hereafter be classified as a dangerous drug or
Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any person, who, as a source from which any dangerous drug may be manufactured or derived: Provided, That in the case of
unless authorized by law, shall possess or have under his/her control any equipment, instrument, apparatus and medical laboratories and medical research centers which cultivate or culture marijuana, opium poppy and other
other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing plants, or materials of such dangerous drugs for medical experiments and research purposes, or for the creation
any dangerous drug into the body: Provided, That in the case of medical practitioners and various professionals of new types of medicine, the Board shall prescribe the necessary implementing guidelines for the proper
who are required to carry such equipment, instrument, apparatus and other paraphernalia in the practice of their cultivation, culture, handling, experimentation and disposal of such plants and materials.
profession, the Board shall prescribe the necessary implementing guidelines thereof.
The land or portions thereof and/or greenhouses on which any of said plants is cultivated or cultured shall be
The possession of such equipment, instrument, apparatus and other paraphernalia fit or intended for any of the confiscated and escheated in favor of the State, unless the owner thereof can prove lack of knowledge of such
purposes enumerated in the preceding paragraph shall be prima facie evidence that the possessor has smoked, cultivation or culture despite the exercise of due diligence on his/her part. If the land involved is part of the
consumed, administered to himself/herself, injected, ingested or used a dangerous drug and shall be presumed public domain, the maximum penalty provided for under this Section shall be imposed upon the offender.
to have violated Section 15 of this Act.
The maximum penalty provided for under this Section shall be imposed upon any person, who organizes,
SEC. 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. — Any person found manages or acts as a “financier” of any of the illegal activities prescribed in this Section.
possessing any dangerous drug during a party, or at a social gathering or meeting, or in the proximate company

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from of a third person not liable for the unlawful act, but those which are not of lawful commerce shall be ordered
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed destroyed without delay pursuant to the provisions of Section 21 of this Act.
upon any person, who acts as a “protector/coddler” of any violator of the provisions under this Section.
After conviction in the Regional Trial Court in the appropriate criminal case filed, the Court shall immediately
SECTION 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or schedule a hearing for the confiscation and forfeiture of all the proceeds of the offense and all the assets and
Controlled Precursors and Essential Chemicals. — The penalty of imprisonment ranging from one (1) year and properties of the accused either owned or held by him or in the name of some other persons if the same shall
one (1) day to six (6) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos be found to be manifestly out of proportion to his/her lawful income: Provided, however, That if the forfeited
(P50,000.00) shall be imposed upon any practitioner, manufacturer, wholesaler, importer, distributor, dealer or property is a vehicle, the same shall be auctioned off not later than five (5) days upon order of confiscation or
retailer who violates or fails to comply with the maintenance and keeping of the original records of transactions forfeiture.
on any dangerous drug and/or controlled precursor and essential chemical in accordance with Section 40 of this
Act. During the pendency of the case in the Regional Trial Court, no property, or income derived therefrom, which
may be confiscated and forfeited, shall be disposed, alienated or transferred and the same shall be in custodia
An additional penalty shall be imposed through the revocation of the license to practice his/her profession, in legis and no bond shall be admitted for the release of the same.
case of a practitioner, or of the business, in case of a manufacturer, seller, importer, distributor, dealer or retailer.
The proceeds of any sale or disposition of any property confiscated or forfeited under this Section shall be used
SEC. 18. Unnecessary Prescription of Dangerous Drugs. — The penalty of imprisonment ranging from twelve to pay all proper expenses incurred in the proceedings for the confiscation, forfeiture, custody and maintenance
(12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos of the property pending disposition, as well as expenses for publication and court costs. The proceeds in excess
(P100,000.00) to Five hundred thousand pesos (P500,000.00) and the additional penalty of the revocation of of the above expenses shall accrue to the Board to be used in its campaign against illegal drugs.
his/her license to practice shall be imposed upon the practitioner, who shall prescribe any dangerous drug to
any person whose physical or physiological condition does not require the use or in the dosage prescribed SEC. 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources
therein, as determined by the Board in consultation with recognized competent experts who are authorized of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or
representatives of professional organizations of practitioners, particularly those who are involved in the care of Laboratory Equipment. — The PDEA shall take charge and have custody of all dangerous drugs, plant sources
persons with severe pain. of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or
laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner:
SEC. 19. Unlawful Prescription of Dangerous Drugs. — The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed (1) The apprehending team having initial custody and control of the drugs shall, immediately after seizure and
upon any person, who, unless authorized by law, shall make or issue a prescription or any other writing purporting confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from
to be a prescription for any dangerous drug. whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from
the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the
SEC. 20. Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful Act, Including the Properties copies of the inventory and be given a copy thereof;
or Proceeds Derived from the Illegal Trafficking of Dangerous Drugs and/or Precursors and Essential
Chemicals. — Every penalty imposed for the unlawful importation, sale, trading, administration, dispensation, (2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of dangerous
delivery, distribution, transportation or manufacture of any dangerous drug and/or controlled precursor and drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory
essential chemical, the cultivation or culture of plants which are sources of dangerous drugs, and the possession equipment, the same shall be submitted to the PDEA Forensic Laboratory for a qualitative and quantitative
of any equipment, instrument, apparatus and other paraphernalia for dangerous drugs including other laboratory examination;
equipment, shall carry with it the confiscation and forfeiture, in favor of the government, of all the proceeds and
properties derived from the unlawful act, including, but not limited to, money and other assets obtained thereby, (3) A certification of the forensic laboratory examination results, which shall be done under oath by the forensic
and the instruments or tools with which the particular unlawful act was committed, unless they are the property laboratory examiner, shall be issued within twenty-four (24) hours after the receipt of the subject item/s:

Provided, That when the volume of the dangerous drugs, plant sources of dangerous drugs, and controlled destruction of seized/surrendered dangerous drugs provided under this Section shall be implemented by the
precursors and essential chemicals does not allow the completion of testing within the time frame, a partial DOH.
laboratory examination report shall be provisionally issued stating therein the quantities of dangerous drugs still
to be examined by the forensic laboratory: Provided, however, That a final certification shall be issued on the SEC. 22. Grant of Compensation, Reward and Award. — The Board shall recommend to the concerned
completed forensic laboratory examination on the same within the next twenty-four (24) hours; government agency the grant of compensation, reward and award to any person providing information and to
law enforcers participating in the operation, which results in the successful confiscation, seizure or surrender of
(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct an ocular dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals.
inspection of the confiscated, seized and/or surrendered dangerous drugs, plant sources of dangerous drugs,
and controlled precursors and essential chemicals, including the instruments/paraphernalia and/or laboratory SEC. 23. Plea-Bargaining Provision. — Any person charged under any provision of this Act regardless of the
equipment, and through the PDEA shall within twenty-four (24) hours thereafter proceed with the destruction imposable penalty shall not be allowed to avail of the provision on plea-bargaining.
or burning of the same, in the presence of the accused or the person/s from whom such items were confiscated
and/or seized, or his/her representative or counsel, a representative from the media and the DOJ, civil society SEC. 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers. — Any person convicted for
groups and any elected public official. The Board shall draw up the guidelines on the manner of proper drug trafficking or pushing under this Act, regardless of the penalty imposed by the Court, cannot avail of the
disposition and destruction of such item/s which shall be borne by the offender: Provided, That those item/s of privilege granted by the Probation Law or Presidential Decree No. 968, as amended.
lawful commerce, as determined by the Board, shall be donated, used or recycled for legitimate purposes:
Provider, further, That a representative sample, duly weighed and recorded is retained; SEC. 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the Influence
of Dangerous Drugs. — Notwithstanding the provisions of any law to the contrary, a positive finding for the use
(5) The Board shall then issue a sworn certification as to the fact of destruction or burning of the subject item/s of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender,
which, together with the representative sample/s in the custody of the PDEA, shall be submitted to the court and the application of the penalty provided for in the Revised Penal Code shall be applicable.
having jurisdiction over the case. In all instances, the representative sample/s shall be kept to a minimum
quantity as determined by the Board; SEC. 26. Attempt or Conspiracy. — Any attempt or conspiracy to commit the following unlawful acts shall be
penalized by the same penalty prescribed for the commission of the same as provided under this Act:
(6) The alleged offender or his/her representative or counsel shall be allowed to personally observe all of the
above proceedings and his/her presence shall not constitute an admission of guilt. In case the said offender or (a) Importation of any dangerous drug and/or controlled precursor and essential chemical;
accused refuses or fails to appoint a representative after due notice in writing to the accused or his/her counsel
within seventy-two (72) hours before the actual burning or destruction of the evidence in question, the Secretary (b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug
of Justice shall appoint a member of the public attorney’s office to represent the former; and/or controlled precursor and essential chemical;
(7) After the promulgation and judgment in the criminal case wherein the representative sample/s was presented (c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;
as evidence in court, the trial prosecutor shall inform the Board of the final termination of the case and, in turn,
shall request the court for leave to turn over the said representative sample/s to the PDEA for proper disposition (d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and
and destruction within twenty-four (24) hours from receipt of the same; and
(e) Cultivation or culture of plants which are sources of dangerous drugs.

(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this Act, dangerous drugs defined
herein which are presently in possession of law enforcement agencies shall, with leave of court, be burned or SEC. 27. Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or Failure to
destroyed, in the presence of representatives of the Court, DOJ, Department of Health (DOH) and the accused Account for the Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs,
and/or his/her counsel, and, b) Pending the organization of the PDEA, the custody, disposition, and burning or Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment
Including the Proceeds or Properties Obtained from the Unlawful Act Committed. — The penalty of life

imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos SEC. 32. Liability to a Person Violating Any Regulation Issued by the Board. — The penalty of imprisonment
(P10,000,000.00), in addition to absolute perpetual disqualification from any public office, shall be imposed upon ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos
any public officer or employee who misappropriates, misapplies or fails to account for confiscated, seized or (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any person found violating any
surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, regulation duly issued by the Board pursuant to this Act, in addition to the administrative sanctions imposed by
instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the the Board.
unlawful acts as provided for in this Act.
SEC. 33. Immunity from Prosecution and Punishment. — Notwithstanding the provisions of Section 17, Rule 119
Any elective local or national official found to have benefited from the proceeds of the trafficking of dangerous of the Revised Rules of Criminal Procedure and the provisions of Republic Act No. 6981 or the Witness Protection,
drugs as prescribed in this Act, or have received any financial or material contributions or donations from natural Security and Benefit Act of 1991, any person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this
or juridical persons found guilty of trafficking dangerous drugs as prescribed in this Act, shall be removed from Act, who voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this
office and perpetually disqualified from holding any elective or appointive positions in the government, its Act as well as any violation of the offenses mentioned if committed by a drug syndicate, or any information
divisions, subdivisions, and intermediaries, including government-owned or -controlled corporations. leading to the whereabouts, identities and arrest of all or any of the members thereof; and who willingly testifies
against such persons as described above, shall be exempted from prosecution or punishment for the offense
SEC. 28. Criminal Liability of Government Officials and Employees. — The maximum penalties of the unlawful with reference to which his/her information of testimony were given, and may plead or prove the giving of such
acts provided for in this Act shall be imposed, in addition to absolute perpetual disqualification from any public information and testimony in bar of such prosecution: Provided, That the following conditions concur:
office, if those found guilty of such unlawful acts are government officials and employees.
(1) The information and testimony are necessary for the conviction of the persons described above;
SEC. 29. Criminal Liability for Planting of Evidence. — Any person who is found guilty of “planting” any dangerous
drug and/or controlled precursor and essential chemical, regardless of quantity and purity, shall suffer the (2) Such information and testimony are not yet in the possession of the State;
penalty of death.
(3) Such information and testimony can be corroborated on its material points;
SEC. 30. Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical Entities. —
In case any violation of this Act is committed by a partnership, corporation, association or any juridical entity, (4) The informant or witness has not been previously convicted of a crime involving moral turpitude, except when
the partner, president, director, manager, trustee, estate administrator, or officer who consents to or knowingly there is no other direct evidence available for the State other than the information and testimony of said
tolerates such violation shall be held criminally liable as a co-principal. informant or witness; and
The penalty provided for the offense under this Act shall be imposed upon the partner, president, director, (5) The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking,
manager, trustee, estate administrator, or officer who knowingly authorizes, tolerates or consents to the use of reduced into writing, lawfully imposed by the State as further consideration for the grant of immunity from
a vehicle, vessel, aircraft, equipment or other facility, as an instrument in the importation, sale, trading, prosecution and punishment.
administration, dispensation, delivery, distribution, transportation or manufacture of dangerous drugs, or
chemical diversion, if such vehicle, vessel, aircraft, equipment or other instrument is owned by or under the Provided, further, That this immunity may be enjoyed by such informant or witness who does not appear to be
control or supervision of the partnership, corporation, association or juridical entity to which they are affiliated. most guilty for the offense with reference to which his/her information or testimony were given: Provided, finally,
That there is no direct evidence available for the State except for the information and testimony of the said
SEC. 31. Additional Penalty if Offender is an Alien. — In addition to the penalties prescribed in the unlawful act informant or witness.
committed, any alien who violates such provisions of this Act shall, after service of sentence, be deported
immediately without further proceedings, unless the penalty is death. SEC. 34. Termination of the Grant of Immunity. — The immunity granted to the informant or witness, as
prescribed in Section 33 of this Act, shall not attach should it turn out subsequently that the information and/or
testimony is false, malicious or made only for the purpose of harassing, molesting or in any way prejudicing the

persons described in the preceding Section against whom such information or testimony is directed against. In that they are free from the use of dangerous drugs: Provided, That all persons who by the nature of their
such case, the informant or witness shall be subject to prosecution and the enjoyment of all rights and benefits profession carry firearms shall undergo drug testing;
previously accorded him under this Act or any other law, decree or order shall be deemed terminated.
(c) Students of secondary and tertiary schools. — Students of secondary and tertiary schools shall, pursuant to
In case an informant or witness under this Act fails or refuses to testify without just cause, and when lawfully the related rules and regulations as contained in the school’s student handbook and with notice to the parents,
obliged to do so, or should he/she violate any condition accompanying such immunity as provided above, his/her undergo a random drug testing: Provided, That all drug testing expenses whether in public or private schools
immunity shall be removed and he/she shall likewise be subject to contempt and/or criminal prosecution, as the under this Section will be borne by the government;
case may be, and the enjoyment of all rights and benefits previously accorded him under this Act or in any other
law, decree or order shall be deemed terminated. (d) Officers and employees of public and private offices. — Officers and employees of public and private offices,
whether domestic or overseas, shall be subjected to undergo a random drug test as contained in the company’s
In case the informant or witness referred to under this Act falls under the applicability of this Section hereof, work rules and regulations, which shall be borne by the employer, for purposes of reducing the risk in the
such individual cannot avail of the provisions under Article VIII of this Act. workplace. Any officer or employee found positive for use of dangerous drugs shall be dealt with administratively
which shall be a ground for suspension or termination, subject to the provisions of Article 282 of the Labor Code
SEC. 35. Accessory Penalties. — A person convicted under this Act shall be disqualified to exercise his/her civil and pertinent provisions of the Civil Service Law;
rights such as but not limited to, the rights of parental authority or guardianship, either as to the person or
property of any ward, the rights to dispose of such property by any act or any conveyance inter vivos, and political (e) Officers and members of the military, police and other law enforcement agencies. — Officers and members
rights such as but not limited to, the right to vote and be voted for. Such rights shall also be suspended during of the military, police and other law enforcement agencies shall undergo an annual mandatory drug test;
the pendency of an appeal from such conviction.
(f) All persons charged before the prosecutor’s office with a criminal offense having an imposable penalty of
ARTICLE III imprisonment of not less than six (6) years and one (1) day shall have to undergo a mandatory drug test; and
DANGEROUS DRUGS TEST AND RECORD REQUIREMENTS (g) All candidates for public office whether appointed or elected both in the national or local government shall
undergo a mandatory drug test.
SEC. 36. Authorized Drug Testing. — Authorized drug testing shall be done by any government forensic
laboratories or by any of the drug testing laboratories accredited and monitored by the DOH to safeguard the In addition to the above stated penalties in this Section, those found to be positive for dangerous drugs use shall
quality of test results. The DOH shall take steps in setting the price of the drug test with DOH accredited drug be subject to the provisions of Section 15 of this Act.
testing centers to further reduce the cost of such drug test. The drug testing shall employ, among others, two
(2) testing methods, the screening test which will determine the positive result as well as the type of the drug SEC. 37. Issuance of False or Fraudulent Drug Test Results. — Any person authorized, licensed or accredited
used and the confirmatory test which will confirm a positive screening test. Drug test certificates issued by under this Act and its implementing rules to conduct drug examination or test, who issues false or fraudulent
accredited drug testing centers shall be valid for a one-year period from the date of issue which may be used drug test results knowingly, willfully or through gross negligence, shall suffer the penalty of imprisonment ranging
for other purposes. The following shall be subjected to undergo drug testing: from six (6) years and one (1) day to twelve (12) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00).
(a) Applicants for driver’s license. — No driver’s license shall be issued or renewed to any person unless he/she
presents a certification that he/she has undergone a mandatory drug test and indicating thereon that he/she is An additional penalty shall be imposed through the revocation of the license to practice his/her profession in
free from the use of dangerous drugs; case of a practitioner, and the closure of the drug testing center.
(b) Applicants for firearm’s license and for permit to carry firearms outside of residence. — All applicants for SEC. 38. Laboratory Examination or Test on Apprehended/Arrested Offenders. — Subject to Section 15 of this
firearm’s license and permit to carry firearms outside of residence shall undergo a mandatory drug test to ensure Act, any person apprehended or arrested for violating the provisions of this Act shall be subjected to screening

laboratory examination or test within twenty-four (24) hours, if the apprehending or arresting officer has (5) Name, address and community tax certificate number of the buyer;
reasonable ground to believe that the person apprehended or arrested, on account of physical signs or symptoms
or other visible or outward manifestation, is under the influence of dangerous drugs. If found to be positive, the (6) Serial number of the prescription and the name of the physician, dentist, veterinarian or practitioner issuing
results of the screening laboratory examination or test shall be challenged within fifteen (15) days after receipt the same;
of the result through a confirmatory test conducted in any accredited analytical laboratory equipment with a gas
chromatograph/mass spectrometry equipment or some such modern and accepted method, if confirmed the (7) Quantity and name of the dangerous drugs sold or delivered; and
same shall be prima facie evidence that such person has used dangerous drugs, which is without prejudice for
the prosecution for other violations of the provisions of this Act: Provided, That a positive screening laboratory (8) Date of sale or delivery.
test must be confirmed for it to be valid in a court of law.
A certified true copy of such record covering a period of six (6) months, duly signed by the pharmacist or the
SEC. 39. Accreditation of Drug Testing Centers and Physicians. — The DOH shall be tasked to license and owner of the drugstore, pharmacy or chemical establishment, shall be forwarded to the Board within fifteen (15)
accredit drug testing centers in each province and city in order to assure their capacity, competence, integrity days following the last day of June and December of each year, with a copy thereof furnished the city or municipal
and stability to conduct the laboratory examinations and tests provided in this Article, and appoint such technical health officer concerned.
and other personnel as may be necessary for the effective implementation of this provision. The DOH shall also
accredit physicians who shall conduct the drug dependency examination of a drug dependent as well as the (b) A physician, dentist, veterinarian or practitioner authorized to prescribe any dangerous drug shall issue the
after-care and follow-up program for the said drug dependent. There shall be a control regulations, licensing prescription therefor in one (1) original and two (2) duplicate copies. The original, after the prescription has been
and accreditation division under the supervision of the DOH for this purpose. filled, shall be retained by the pharmacist for a period of one (1) year from the date of sale or delivery of such
drug. One (1) copy shall be retained by the buyer or by the person to whom the drug is delivered until such drug
For this purpose, the DOH shall establish, operate and maintain drug testing centers in government hospitals, is consumed, while the second copy shall be retained by the person issuing the prescription.
which must be provided at least with basic technologically advanced equipment and materials, in order to
conduct the laboratory examination and tests herein provided, and appoint such qualified and duly trained For purposes of this Act, all prescriptions issued by physicians, dentists, veterinarians or practitioners shall be
technical and other personnel as may be necessary for the effective implementation of this provision. written on forms exclusively issued by and obtainable from the DOH. Such forms shall be made of a special kind
of paper and shall be distributed in such quantities and contain such information and other data as the DOH
SEC. 40. Records Required for Transactions on Dangerous Drugs and Precursors and Essential Chemicals. may, by rules and regulations, require. Such forms shall only be issued by the DOH through its authorized
employees to licensed physicians, dentists, veterinarians and practitioners in such quantities as the Board may
a) Every pharmacist dealing in dangerous drugs and/or controlled precursors and essential chemicals shall authorize. In emergency cases, however, as the Board may specify in the public interest, a prescription need not
maintain and keep an original record of sales, purchases, acquisitions and deliveries of dangerous drugs, be accomplished on such forms. The prescribing physician, dentist, veterinarian or practitioner shall, within three
indicating therein the following information: (3) days after issuing such prescription, inform the DOH of the same in writing. No prescription once served by
the drugstore or pharmacy be reused nor any prescription once issued be refilled.
(1) License number and address of the pharmacist;
(c) All manufacturers, wholesalers, distributors, importers, dealers and retailers of dangerous drugs and/or
(2) Name, address and license of the manufacturer, importer or wholesaler from whom the dangerous drugs controlled precursors and essential chemicals shall keep a record of all inventories, sales, purchases,
have been purchased; acquisitions and deliveries of the same as well as the names, addresses and licenses of the persons from whom
such items were purchased or acquired or to whom such items were sold or delivered, the name and quantity of
(3) Quantity and name of the dangerous drugs purchased or acquired; the same and the date of the transactions. Such records may be subjected anytime for review by the Board.
(4) Date of acquisition or purchase; ARTICLE IV

PARTICIPATION OF THE FAMILY, STUDENTS, Any teacher or school employee, who discovers or finds that any person in the school or within its immediate
TEACHERS AND SCHOOL AUTHORITIES IN vicinity is liable for violating any of said provisions, shall have the duty to report the same to the school head or
THE ENFORCEMENT OF THIS ACT immediate superior who shall, in turn, report the matter to the proper authorities.
SEC. 41. Involvement of the Family. — The family being the basic unit of the Filipino society shall be primarily Failure to do so in either case, within a reasonable period from the time of discovery of the violation shall, after
responsible for the education and awareness of the members of the family on the ill effects of dangerous drugs due hearing, constitute sufficient cause for disciplinary action by the school authorities.
and close monitoring of family members who may be susceptible to drug abuse.
SEC. 45. Publication and Distribution of Materials on Dangerous Drugs. — With the assistance of the Board, the
SEC. 42. Student Councils and Campus Organizations. — All elementary, secondary and tertiary schools’ student Secretary of the Department of Education (DepEd), the Chairman of the Commission on Higher Education
councils and campus organizations shall include in their activities a program for the prevention of and deterrence (CHED) and the Director-General of the Technical Education and Skills Development Authority (TESDA) shall
in the use of dangerous drugs, and referral for treatment and rehabilitation of students for drug dependence. cause the development, publication and distribution of information and support educational materials on
dangerous drugs to the students, the faculty, the parents, and the community.
SEC. 43. School Curricula. — Instruction on drug abuse prevention and control shall be integrated in the
elementary, secondary and tertiary curricula of all public and private schools, whether general, technical, SEC. 46. Special Drug Education Center. — With the assistance of the Board, the Department of the Interior and
vocational or agro-industrial as well as in non-formal, informal and indigenous learning systems. Such Local Government (DILG), the National Youth Commission (NYC), and the Department of Social Welfare and
instructions shall include: Development (DSWD) shall establish in each of its provincial office a special education drug center for out-of-
school youth and street children. Such Center which shall be headed by the Provincial Social Welfare
(1) Adverse effects of the abuse and misuse of dangerous drugs on the person, the family, the school and the Development Officer shall sponsor drug prevention programs and activities and information campaigns with the
community; end in view of educating the out-of-school youth and street children regarding the pernicious effects of drug
abuse. The programs initiated by the Center shall likewise be adopted in all public and private orphanage and
(2) Preventive measures against drug abuse; existing special centers for street children.
(3) Health, socio-cultural, psychological, legal and economic dimensions and implications of the drug problem; ARTICLE V
(4) Steps to take when intervention on behalf of a drug dependent is needed, as well as the services available PROMOTION OF A NATIONAL DRUG-FREE
for the treatment and rehabilitation of drug dependents; and WORKPLACE PROGRAM WITH THE PARTICIPATION OF
PRIVATE AND LABOR SECTORS AND THE DEPARTMENT
(5) Misconceptions about the use of dangerous drugs such as, but not limited to, the importance and safety of OF LABOR AND EMPLOYMENT
dangerous drugs for medical and therapeutic use as well as the differentiation between medical patients and
drug dependents in order to avoid confusion and accidental stigmatization in the consciousness of the students. SEC. 47. Drug-Free Workplace. — It is deemed a policy of the State to promote drug-free workplaces using a
tripartite approach. With the assistance of the Board, the Department of Labor and Employment (DOLE) shall
SEC. 44. Heads, Supervisors, and Teachers of Schools. — For the purpose of enforcing the provisions of Article develop, promote and implement a national drug abuse prevention program in the workplace to be adopted by
II of this Act, all school heads, supervisors and teachers shall be deemed persons in authority and, as such, are private companies with ten (10) or more employees. Such program shall include the mandatory drafting and
hereby empowered to apprehend, arrest or cause the apprehension or arrest of any person who shall violate any adoption of company policies against drug use in the workplace in close consultation and coordination with the
of the said provisions, pursuant to Section 5, Rule 113 of the Rules of Court. They shall be deemed persons in DOLE, labor and employer organizations, human resource development managers and other such private sector
authority if they are in the school or within its immediate vicinity, or even beyond such immediate vicinity if they organizations.
are in attendance at any school or class function in their official capacity as school heads, supervisors, and
teachers.

SEC. 48. Guidelines for the National Drug-Free Workplace Program. — The Board and the DOLE shall formulate (3) After hearing in which the Board may consider any evidence, including evidence of the general reputation of
the necessary guidelines for the implementation of the national drug-free workplace program. The amount the place or premises, and at which the owner of the premises shall have an opportunity to present evidence in
necessary for the implementation of which shall be included in the annual General Appropriations Act. his/her defense, the Board may declare the place or premises to be a public nuisance.
ARTICLE VI SEC. 53. Effect of Board Declaration. — If the Board declares a place or premises to be a public nuisance, it may
declare an order immediately prohibiting the conduct, operation, or maintenance of any business or activity on
PARTICIPATION OF THE PRIVATE AND LABOR the premises which is conducive to such nuisance.
SECTORS IN THE ENFORCEMENT OF THIS ACT
An order entered under this Section shall expire after one (1) year or at such earlier time as stated in the order.
SEC. 49. Labor Organizations and the Private Sector. — All labor unions, federations, associations, or The Board may bring a complaint seeking a permanent injunction against any nuisance described under this
organizations in cooperation with the respective private sector partners shall include in their collective bargaining Section.
or any similar agreements, joint continuing programs and information campaigns for the laborers similar to the
programs provided under Section 47 of this Act with the end in view of achieving a drug free workplace. This Article does not restrict the right of any person to proceed under the Civil Code against any public nuisance.
SEC. 50. Government Assistance. — The labor sector and the respective partners may, in pursuit of the programs ARTICLE VIII
mentioned in the preceding Section, secure the technical assistance, such as but not limited to, seminars and
information dissemination campaigns of the appropriate government and law enforcement agencies. PROGRAM FOR TREATMENT AND
REHABILITATION OF DRUG DEPENDENTS
ARTICLE VII
SEC. 54. Voluntary Submission of a Drug Dependent to Confinement, Treatment and Rehabilitation. — A drug
PARTICIPATION OF dependent or any person who violates Section 15 of this Act may, by himself/herself or through his/her parent,
LOCAL GOVERNMENT UNITS spouse, guardian or relative within the fourth degree of consanguinity or affinity, apply to the Board or its duly
recognized representative, for treatment and rehabilitation of the drug dependency. Upon such application, the
SEC. 51. Local Government Units’ Assistance. — Local government units shall appropriate a substantial portion Board shall bring forth the matter to the Court which shall order that the applicant be examined for drug
of their respective annual budgets to assist in or enhance the enforcement of this Act giving priority to preventive dependency. If the examination by a DOH-accredited physician results in the issuance of a certification that the
or educational programs and the rehabilitation or treatment of drug dependents. applicant is a drug dependent, he/she shall be ordered by the Court to undergo treatment and rehabilitation in
a Center designated by the Board for a period of not less than six (6) months: Provided, That a drug dependent
SEC. 52. Abatement of Drug Related Public Nuisances. — Any place or premises which have been used on two may be placed under the care of a DOH-accredited physician where there is no Center near or accessible to the
or more occasions as the site of the unlawful sale or delivery of dangerous drugs may be declared to be a public residence of the drug dependent or where said drug dependent is below eighteen (18) years of age and is a first-
nuisance, and such nuisance may be abated, pursuant to the following procedures: time offender and non-confinement in a Center will not pose a serious danger to his/her family or the community.
(1) Any city or municipality may, by ordinance, create an administrative board to hear complaints regarding the Confinement in a Center for treatment and rehabilitation shall not exceed one (1) year, after which time the
nuisances; Court, as well as the Board, shall be apprised by the head of the treatment and rehabilitation center of the status
of said drug dependent and determine whether further confinement will be for the welfare of the drug dependent
(2) Any employee, officer, or resident of the city or municipality may bring a complaint before the Board after and his/her family or the community.
giving not less than three (3) days written notice of such complaint to the owner of the place or premises at
his/her last known address; and

SEC. 55. Exemption from the Criminal Liability Under the Voluntary Submission Program. — A drug dependent SEC. 57. Probation and Community Service Under the Voluntary Submission Program. — A drug dependent who
under the voluntary submission program, who is finally discharged from confinement, shall be exempt from the is discharged as rehabilitated by the DOH-accredited Center through the voluntary submission program, but
criminal liability under Section 15 of this Act subject to the following conditions: does not qualify for exemption from criminal liability under Section 55 of this Act, may be charged under the
provisions of this Act, but shall be placed on probation and undergo a community service in lieu of imprisonment
(1) He/she has complied with the rules and regulations of the Center, the applicable rules and regulations of the and/or fine in the discretion of the court, without prejudice to the outcome of any pending case filed in court.
Board, including the after-care and follow-up program for at least eighteen (18) months following temporary
discharge from confinement in the Center or, in the case of a dependent placed under the care of the DOH- Such drug dependent shall undergo community service as part of his/her after-care and follow-up program,
accredited physician, the after-care program and follow-up schedule formulated by the DSWD and approved by which may be done in coordination with nongovernmental civic organizations accredited by the DSWD, with the
the Board: Provided, That capability-building of local government social workers shall be undertaken by the recommendation of the Board.
DSWD;
SEC. 58. Filing of Charges Against a Drug Dependent Who is Not Rehabilitated Under the Voluntary Submission
(2) He/she has never been charged or convicted of any offense punishable under this Act, the Dangerous Drugs Program. — A drug dependent, who is not rehabilitated after the second commitment to the Center under the
Act of 1972 or Republic Act No. 6425, as amended; the Revised Penal Code, as amended; or any special penal voluntary submission program, shall, upon recommendation of the Board, be charged for violation of Section 15
laws; of this Act and prosecuted like any other offender. If convicted, he/she shall be credited for the period of
confinement and rehabilitation in the Center in the service of his/her sentence.
(3) He/she has no record of escape from a Center: Provided, That had he/she escaped, he/she surrendered by
himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of consanguinity SEC. 59. Escape and Recommitment for Confinement and Rehabilitation Under the Voluntary Submission
or affinity, within one (1) week from the date of the said escape; and Program. — Should a drug dependent under the voluntary submission program escape from the Center, he/she
may submit himself/herself for recommitment within one (1) week therefrom, or his/her parent, spouse,
(4) He/she poses no serious danger to himself/herself, his/her family or the community by his/her exemption guardian or relative within the fourth degree of consanguinity or affinity may, within said period, surrender him
from criminal liability. for recommitment, in which case the corresponding order shall be issued by the Board.
SEC. 56. Temporary Release from the Center; After-Care and Follow-Up Treatment Under the Voluntary Should the escapee fail to submit himself/herself or be surrendered after one (1) week, the Board shall apply to
Submission Program. — Upon certification of the Center that the drug dependent within the voluntary the court for a recommitment order upon proof of previous commitment or his/her voluntary submission by the
submission program may be temporarily released, the Court shall order his/her release on condition that said Board, the court may issue an order for recommitment within one (1) week.
drug dependent shall report to the DOH for after-care and follow-up treatment, including urine testing, for a
period not exceeding eighteen (18) months under such terms and conditions that the Court may impose. If, subsequent to a recommitment, the dependent once again escapes from confinement, he/she shall be
charged for violation of Section 15 of this Act and be subjected under Section 61 of this Act, either upon order
If during the period of after-care and follow-up, the drug dependent is certified to be rehabilitated, he/she may of the Board or upon order of the court, as the case may be.
be discharged by the Court, subject to the provisions of Section 55 of this Act, without prejudice to the outcome
of any pending case filed in court. SEC. 60. Confidentiality of Records Under the Voluntary Submission Program. — Judicial and medical records of
drug dependents under the voluntary submission program shall be confidential and shall not be used against
However, should the DOH find that during the initial after-care and follow-up program of eighteen (18) months, him for any purpose, except to determine how many times, by himself/herself or through his/her parent, spouse,
the drug dependent requires further treatment and rehabilitation in the Center, he/she shall be recommitted to guardian or relative within the fourth degree of consanguinity or affinity, he/she voluntarily submitted
the Center for confinement. Thereafter, he/she may again be certified for temporary release and ordered himself/herself for confinement, treatment and rehabilitation or has been committed to a Center under this
released for another after-care and follow-up program pursuant to this Section. program.

SEC. 61. Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the Voluntary Submission Thereafter, his/her prosecution for any offense punishable by law shall be instituted or shall continue, as the
Program. — Notwithstanding any law, rule and regulation to the contrary, any person determined and found to case may be. In case of conviction, the judgment shall, if the accused is certified by the treatment and
be dependent on dangerous drugs shall, upon petition by the Board or any of its authorized representative, be rehabilitation center to have maintained good behavior, indicate that he/she shall be given full credit for the
confined for treatment and rehabilitation in any Center duly designated or accredited for the purpose. period he/she was confined in the Center: Provided, however, That when the offense is for violation of Section
15 of this Act and the accused is not a recidivist, the penalty thereof shall be deemed to have been served in the
A petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center may be filed Center upon his/her release therefrom after certification by the Center and the Board that he/she is
by any person authorized by the Board with the Regional Trial Court of the province or city where such person rehabilitated.
is found.
SEC. 63. Prescription of the Offense Charged Against a Drug Dependent Under the Compulsory Submission
After the petition is filed, the court, by an order, shall immediately fix a date for the hearing, and a copy of such Program. — The period of prescription of the offense charged against a drug dependent under the compulsory
order shall be served on the person alleged to be dependent on dangerous drugs, and to the one having charge submission program shall not run during the time that the drug dependent is under confinement in a Center or
of him. otherwise under the treatment and rehabilitation program approved by the Board.
If after such hearing and the facts so warrant, the court shall order the drug dependent to be examined by two Upon certification of the Center that he/she may temporarily be discharged from the said Center, the court shall
(2) physicians accredited by the Board. If both physicians conclude that the respondent is not a drug dependent, order his/her release on condition that he/she shall report to the Board through the DOH for after-care and
the court shall order his/her discharge. If either physician finds him to be a dependent, the court shall conduct follow-up treatment for a period not exceeding eighteen (18) months under such terms and conditions as may
a hearing and consider all relevant evidence which may be offered. If the court finds him a drug dependent, it be imposed by the Board.
shall issue an order for his/her commitment to a treatment and rehabilitation center under the supervision of
the DOH. In any event, the order of discharge or order of confinement or commitment shall be issued not later If at anytime during the after-care and follow-up period, the Board certifies to his/her complete rehabilitation,
than fifteen (15) days from the filing of the appropriate petition. the court shall order his/her final discharge from confinement and order for the immediate resumption of the
trial of the case for which he/she is originally charged. Should the Board through the DOH find at anytime during
SEC. 62. Compulsory Submission of a Drug Dependent Charged with an Offense to Treatment and the after-care and follow-up period that he/she requires further treatment and rehabilitation, it shall report to
Rehabilitation. — If a person charged with an offense where the imposable penalty is imprisonment of less than the court, which shall order his/her recommitment to the Center.
six (6) years and one (1) day, and is found by the prosecutor or by the court, at any stage of the proceedings, to
be a drug dependent, the prosecutor or the court as the case may be, shall suspend all further proceedings and Should the drug dependent, having been committed to a Center upon petition by the Board escape therefrom,
transmit copies of the record of the case to the Board. he/she may resubmit himself/herself for confinement within one (1) week from the date of his/her escape; or
his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity may, within the
In the event the Board determines, after medical examination, that public interest requires that such drug same period, surrender him for recommitment. If, however, the drug dependent does not resubmit
dependent be committed to a center for treatment and rehabilitation, it shall file a petition for his/her himself/herself for confinement or he/she is not surrendered for recommitment, the Board may apply with the
commitment with the regional trial court of the province or city where he/she is being investigated or tried: court for the issuance of the recommitment order. Upon proof of previous commitment, the court shall issue an
Provided, That where a criminal case is pending in court, such petition shall be filed in the said court. The court order for recommitment. If, subsequent to such recommitment, he/she should escape again, he/she shall no
shall take judicial notice of the prior proceedings in the case and shall proceed to hear the petition. If the court longer be exempt from criminal liability for use of any dangerous drug.
finds him to be a drug dependent, it shall order his/her commitment to a Center for treatment and rehabilitation.
The head of said Center shall submit to the court every four (4) months, or as often as the court may require, a A drug dependent committed under this particular Section who is finally discharged from confinement shall be
written report on the progress of the treatment. If the dependent is rehabilitated, as certified by the Center and exempt from criminal liability under Section 15 of this Act, without prejudice to the outcome of any pending case
the Board, he/she shall be returned to the court, which committed him, for his/her discharge therefrom. filed in court. On the other hand, a drug dependent who is not rehabilitated after a second commitment to the
Center shall, upon conviction by the appropriate court, suffer the same penalties provided for under Section 15
of this Act again without prejudice to the outcome of any pending case filed in court.

SEC. 64. Confidentiality of Records Under the Compulsory Submission Program. — The records of a drug regulations of the Board, including confinement in a Center, the court, upon a favorable recommendation of the
dependent who was rehabilitated and discharged from the Center under the compulsory submission program, Board for the final discharge of the accused, shall discharge the accused and dismiss all proceedings.
or who was charged for violation of Section 15 of this Act, shall be covered by Section 60 of this Act. However,
the records of a drug dependent who was not rehabilitated, or who escaped but did not surrender himself/herself Upon the dismissal of the proceedings against the accused, the court shall enter an order to expunge all official
within the prescribed period, shall be forwarded to the court and their use shall be determined by the court, records, other than the confidential record to be retained by the DOJ relating to the case. Such an order, which
taking into consideration public interest and the welfare of the drug dependent. shall be kept confidential, shall restore the accused to his/her status prior to the case. He/she shall not be held
thereafter to be guilty of perjury or of concealment or misrepresentation by reason of his/her failure to
SEC. 65. Duty of the Prosecutor in the Proceedings. — It shall be the duty of the provincial or the city prosecutor acknowledge the case or recite any fact related thereto in response to any inquiry made of him for any purpose.
or their assistants or state prosecutors to prepare the appropriate petition in all proceedings arising from this
Act. SEC. 68. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor Offender. — The
privilege of suspended sentence shall be availed of only once by an accused drug dependent who is a first-time
SEC. 66. Suspension of Sentence of a First-Time Minor Offender. — An accused who is over fifteen (15) years offender over fifteen (15) years of age at the time of the commission of the violation of Section 15 of this Act but
of age at the time of the commission of the offense mentioned in Section 11 of this Act, but not more than not more than eighteen (18) years of age at the time when judgment should have been promulgated.
eighteen (18) years of age at the time when judgment should have been promulgated after having been found
guilty of said offense, may be given the benefits of a suspended sentence, subject to the following conditions: SEC. 69. Promulgation of Sentence for First-Time Minor Offender. — If the accused first-time minor offender
violates any of the conditions of his/her suspended sentence, the applicable rules and regulations of the Board
(a) He/she has not been previously convicted of violating any provision of this Act, or of the Dangerous Drugs exercising supervision and rehabilitative surveillance over him, including the rules and regulations of the Center
Act of 1972, as amended; or of the Revised Penal Code; or of any special penal laws; should confinement be required, the court shall pronounce judgment of conviction and he/she shall serve
sentence as any other convicted person.
(b) He/she has not been previously committed to a Center or to the care of a DOH-accredited physician; and
SEC. 70. Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment. — Upon
(c) The Board favorably recommends that his/her sentence be suspended. promulgation of the sentence, the court may, in its discretion, place the accused under probation, even if the
sentence provided under this Act is higher than that provided under existing law on probation, or impose
While under suspended sentence, he/she shall be under the supervision and rehabilitative surveillance of the community service in lieu of imprisonment. In case of probation, the supervision and rehabilitative surveillance
Board, under such conditions that the court may impose for a period ranging from six (6) months to eighteen shall be undertaken by the Board through the DOH in coordination with the Board of Pardons and Parole and
(18) months. the Probation Administration. Upon compliance with the conditions of the probation, the Board shall submit a
written report to the court recommending termination of probation and a final discharge of the probationer,
Upon recommendation of the Board, the court may commit the accused under suspended sentence to a Center, whereupon the court shall issue such an order.
or to the care of a DOH-accredited physician for at least six (6) months, with after-care and follow-up program
for not more than eighteen (18) months. The community service shall be complied with under conditions, time and place as may be determined by the
court in its discretion and upon the recommendation of the Board and shall apply only to violators of Section 15
In the case of minors under fifteen (15) years of age at the time of the commission of any offense penalized of this Act. The completion of the community service shall be under the supervision and rehabilitative
under this Act, Article 192 of Presidential Decree No. 603, otherwise known as the Child and Youth Welfare surveillance of the Board during the period required by the court. Thereafter, the Board shall render a report on
Code, as amended by Presidential Decree No. 1179 shall apply, without prejudice to the application of the the manner of compliance of said community service. The court in its discretion may require extension of the
provisions of this Section. community service or order a final discharge.
SEC. 67. Discharge After Compliance with Conditions of Suspended Sentence of a First-Time Minor Offender. — In both cases, the judicial records shall be covered by the provisions of Sections 60 and 64 of this Act.
If the accused first time minor offender under suspended sentence complies with the applicable rules and

If the sentence promulgated by the court requires imprisonment, the period spent in the Center by the accused operated regional treatment and rehabilitation centers depending upon the availability of funds. The national
during the suspended sentence period shall be deducted from the sentence to be served. government, through its appropriate agencies shall give priority funding for the increase of subsidy to existing
government drug rehabilitation centers, and shall establish at least one (1) drug rehabilitation center in each
SEC. 71. Records to be kept by the Department of Justice. — The DOJ shall keep a confidential record of the province, depending on the availability of funds.
proceedings on suspension of sentence and shall not be used for any purpose other than to determine whether
or not a person accused under this Act is a first-time minor offender. SEC. 76. The Duties and Responsibilities of the Department of Health (DOH) Under this Act. — The DOH shall:
SEC. 72. Liability of a Person Who Violates the Confidentiality of Records. — The penalty of imprisonment (1) Oversee and monitor the integration, coordination and supervision of all drug rehabilitation, intervention,
ranging from six (6) months and one (1) day to six (6) years and a fine ranging from One thousand pesos after-care and follow-up programs, projects and activities as well as the establishment, operations, maintenance
(P1,000.00) to Six thousand pesos (P6,000.00), shall be imposed upon any person who, having official custody and management of privately-owned drug treatment rehabilitation centers and drug testing networks and
of or access to the confidential records of any drug dependent under voluntary submission programs, or anyone laboratories throughout the country in coordination with the DSWD and other agencies;
who, having gained possession of said records, whether lawfully or not, reveals their content to any person other
than those charged with the prosecution of the offenses under this Act and its implementation. The maximum (2) License, accredit, establish and maintain drug test network and laboratory, initiate, conduct and support
penalty shall be imposed, in addition to absolute perpetual disqualification from any public office, when the scientific research on drugs and drug control;
offender is a government official or employee. Should the records be used for unlawful purposes, such as
blackmail of the drug dependent or the members of his/her family, the penalty imposed for the crime of violation (3) Encourage, assist and accredit private centers, promulgate rules and regulations setting minimum standards
of confidentiality shall be in addition to whatever crime he/she may be convicted of. for their accreditation to assure their competence, integrity and stability;
SEC. 73. Liability of a Parent, Spouse or Guardian Who Refuses to Cooperate with the Board or any Concerned (4) Prescribe and promulgate rules and regulations governing the establishment of such Centers as it may deem
Agency. — Any parent, spouse or guardian who, without valid reason, refuses to cooperate with the Board or any necessary after conducting a feasibility study thereof,
concerned agency in the treatment and rehabilitation of a drug dependent who is a minor, or in any manner,
prevents or delays the after-care, follow-up or other programs for the welfare of the accused drug dependent, (5) The DOH shall, without prejudice to the criminal prosecution of those found guilty of violating this Act, order
whether under voluntary submission program or compulsory submission program, may be cited for contempt by the closure of a Center for treatment and rehabilitation of drug dependency when, after investigation it is found
the court. guilty of violating the provisions of this Act or regulations issued by the Board; and
SEC. 74. Cost-Sharing in the Treatment and Rehabilitation of a Drug Dependent. — The parent, spouse, guardian (6) Charge reasonable fees for drug dependency examinations, other medical and legal services provided to the
or any relative within the fourth degree of consanguinity of any person who is confined under the voluntary public, which shall accrue to the Board. All income derived from these sources shall be part of the funds
submission program or compulsory submission program shall be charged a certain percentage of the cost of constituted as special funds for the implementation of this Act under Section 87.
his/her treatment and rehabilitation, the guidelines of which shall be formulated by the DSWD taking into
consideration the economic status of the family of the person confined. The guidelines therein formulated shall ARTICLE IX
be implemented by a social worker of the local government unit.
DANGEROUS DRUGS BOARD AND

SEC. 75. Treatment and Rehabilitation Centers. — The existing treatment and rehabilitation centers for drug PHILIPPINE DRUG ENFORCEMENT AGENCY
dependents operated and maintained by the NBI and the PNP shall be operated, maintained and managed by
the DOH in coordination with other concerned agencies. For the purpose of enlarging the network of centers, SEC. 77. The Dangerous Drugs Board. — The Board shall be the policy-making and strategy-formulating body
the Board through the DOH shall encourage, promote or whenever feasible, assist or support in the in the planning and formulation of policies and programs on drug prevention and control. It shall develop and
establishment, operations and maintenance of private centers which shall be eligible to receive grants, donations adopt a comprehensive, integrated, unified and balanced national drug abuse prevention and control strategy. It
or subsidy from either government or private sources. It shall also support the establishment of government- shall be under the Office of the President.

SEC. 78. Composition of the Board. — The Board shall be composed of seventeen (17) members wherein three Cabinet secretaries who are members of the Board may designate their duly authorized and permanent
(3) of which are permanent members, the other twelve (12) members shall be in an ex officio capacity and the representatives whose ranks shall in no case be lower than undersecretary.
two (2) shall be regular members.
The two (2) regular members shall be as follows:
The three (3) permanent members, who shall possess at least seven-year training and experience in the field of
dangerous drugs and in any of the following fields: in law, medicine, criminology, psychology or social work, shall (a) The president of the Integrated Bar of the Philippines; and
be appointed by the President of the Philippines. The President shall designate a Chairman, who shall have the
rank of a secretary from among the three (3) permanent members who shall serve for six (6) years. Of the two (b) The chairman or president of a non-government organization involved in dangerous drug campaign to be
(2) other members, who shall both have the rank of undersecretary, one (1) shall serve for four (4) years and the appointed by the President of the Philippines.
other for two (2) years. Thereafter, the persons appointed to succeed such members shall hold office for a term
of six (6) years and until their successors shall have been duly appointed and qualified. The Director of the NBI and the Chief of the PNP shall be the permanent consultants of the Board, and shall
attend all the meetings of the Board.
The other twelve (12) members who shall be ex officio members of the Board are the following:
All members of the Board as well as its permanent consultants shall receive a per diem for every meeting actually
(1) Secretary of the Department of Justice or his/her representative; attended subject to the pertinent budgetary laws, rules and regulations on compensation, honoraria and
allowances: Provided, That where the representative of an ex officio member or of the permanent consultant of
(2) Secretary of the Department of Health or his/her representative; the Board attends a meeting in behalf of the latter, such representative shall be entitled to receive the per diem.
(3) Secretary of the Department of National Defense or his/her representative; SEC. 79. Meetings of the Board. — The Board shall meet once a week or as often as necessary at the discretion
of the Chairman or at the call of any four (4) other members. The presence of nine (9) members shall constitute
(4) Secretary of the Department of Finance or his/her representative; a quorum.
(5) Secretary of the Department of Labor and Employment or his/her representative; SEC. 80. Secretariat of the Board. — The Board shall recommend to the President of the Philippines the
appointment of an Executive Director, with the rank of an undersecretary, who shall be the Secretary of the
(6) Secretary of the Department of the Interior and Local Government or his/her representative; Board and administrative officer of its secretariat, and shall perform such other duties that may be assigned to
him/her. He/she must possess adequate knowledge, training and experience in the field of dangerous drugs,
(7) Secretary of the Department of Social Welfare and Development or his/her representative; and in any of the following fields: law enforcement, law, medicine, criminology, psychology or social work.
(8) Secretary of the Department of Foreign Affairs or his/her representative; Two deputies executive director, for administration and operations, with the ranks of assistant secretary, shall
be appointed by the President upon recommendation of the Board. They shall possess the same qualifications
(9) Secretary of the Department of Education or his/her representative; as those of the executive director. They shall receive a salary corresponding to their position as prescribed by
the Salary Standardization Law as a Career Service Officer.
(10) Chairman of the Commission on Higher Education or his/her representative;
The existing secretariat of the Board shall be under the administrative control and supervision of the Executive
(11) Chairman of the National Youth Commission; and Director. It shall be composed of the following divisions, namely: Policy Studies, Research and Statistics;
Preventive Education, Training and Information; Legal Affairs; and the Administrative and Financial
(12) Director General of the Philippine Drug Enforcement Agency. Management.

SEC. 81. Powers and Duties of the Board. — The Board shall: program for drug dependents including a standard aftercare and community service program for recovering drug
dependents;
(a) Formulate, develop and establish a comprehensive, integrated, unified and balanced national drug use
prevention and control strategy; (i) Design and develop, jointly with the DOLE and in consultation with labor and employer groups as well as
nongovernment organizations a drug abuse prevention program in the workplace that would include a provision
(b) Promulgate such rules and regulations as may be necessary to carry out the purposes of this Act, including for employee assistance programs for emotionally-stressed employees;
the manner of safekeeping, disposition, burning or condemnation of any dangerous drug and/or controlled
precursor and essential chemical under its charge and custody, and prescribe administrative remedies or (j) Initiate and authorize closure proceedings against non-accredited and/or substandard rehabilitation centers
sanctions for the violations of such rules and regulations; based on verified reports of human rights violations, subhuman conditions, inadequate medical training and
assistance and excessive fees for implementation by the PDEA;
(c) Conduct policy studies, program monitoring and evaluations and other researches on drug prevention, control
and enforcement; (k) Prescribe and promulgate rules and regulations governing the establishment of such centers, networks and
laboratories as deemed necessary after conducting a feasibility study in coordination with the DOH and other
(d) Initiate, conduct and support scientific, clinical, social, psychological, physical and biological researches on government agencies;
dangerous drugs and dangerous drugs prevention and control measures;
(l) Receive, gather, collect and evaluate all information on the importation, exportation, production, manufacture,
(e) Develop an educational program and information drive on the hazards and prevention of illegal use of any sale, stocks, seizures of and the estimated need for any dangerous drug and/or controlled precursor and
dangerous drug and/or controlled precursor and essential chemical based on factual data, and disseminate the essential chemical, for which purpose the Board may require from any official, instrumentality or agency of the
same to the general public, for which purpose the Board shall endeavor to make the general public aware of the government or any private person or enterprise dealing in, or engaged in activities having to do with any
hazards of any dangerous drug and/or controlled precursor and essential chemical by providing among others, dangerous drug and/or controlled precursors and essential chemicals such data or information as it may need
literature, films, displays or advertisements and by coordinating with all institutions of learning as well as with to implement this Act;
all national and local enforcement agencies in planning and conducting its educational campaign programs to
be implemented by the appropriate government agencies. (m) Gather and prepare detailed statistics on the importation, exportation, manufacture, stocks, seizures of and
estimated need for any dangerous drug and/or controlled precursors and essential chemicals and such other
(f) Conduct continuing seminars for, and consultations with, and provide information materials to judges and statistical data on said drugs as may be periodically required by the United Nations Narcotics Drug Commission,
prosecutors in coordination with the Office of the Court Administrator, in the case of judges, and the DOJ, in the the World Health Organization and other international organizations in consonance with the country’s
case of prosecutors, which aim to provide them with the current developments and programs of the Board international commitments;
pertinent to its campaign against dangerous drugs and its scientific researches on dangerous drugs, its
prevention and control measures; (n) Develop and maintain international networking coordination with international drug control agencies and
organizations, and implement the provisions of international conventions and agreements thereon which have
(g) Design special trainings in order to provide law enforcement officers, members of the judiciary, and been adopted and approved by the Congress of the Philippines;
prosecutors, school authorities and personnel of centers with knowledge and know-how in dangerous drugs
and/or controlled precursors and essential chemicals control in coordination with the Supreme Court to meet (o) Require all government and private hospitals, clinics, doctors, dentists and other practitioners to submit a
the objectives of the national drug control programs; report to it, in coordination with the PDEA, about all dangerous drugs and/or controlled precursors and essential
chemicals-related cases to which they have attended for statistics and research purposes;
(h) Design and develop, in consultation and coordination with the DOH, DSWD and other agencies involved in
drugs control, treatment and rehabilitation, both public and private, a national treatment and rehabilitation

(p) Receive in trust legacies, gifts and donations of real and personal properties of all kinds, to administer and functions as may be authorized or required under existing laws and as directed by the President himself/herself
dispose the same when necessary for the benefit of government and private rehabilitation centers subject to or as recommended by the congressional committees concerned.
limitations, directions and instructions from the donors, if any;
SECTION 82. Creation of the Philippine Drug Enforcement Agency (PDEA). — To carry out the provisions of this
(q) Issue guidelines as to the approval or disapproval of applications for voluntary treatment, rehabilitation or Act, the PDEA, which serves as the implementing arm of the Board, and shall be responsible for the efficient
confinement, wherein it shall issue the necessary guidelines, rules and regulations pertaining to the application and effective law enforcement of all the provisions on any dangerous drug and/or controlled precursor and
and its enforcement; essential chemical as provided in this Act.
(r) Formulate guidelines, in coordination with other government agencies, the importation, distribution, The PDEA shall be headed by a Director General with the rank of Undersecretary, who shall be responsible for
production, manufacture, compounding, prescription, dispensing and sale of, and other lawful acts in connection the general administration and management of the Agency. The Director General of the PDEA shall be appointed
with any dangerous drug, controlled precursors and essential chemicals and other similar or analogous by the President of the Philippines and shall perform such other duties that may be assigned to him/her. He/she
substances of such kind and in such quantity as it may deem necessary according to the medical and research must possess adequate knowledge, training and experience in the field of dangerous drugs, and in any of the
needs or requirements of the country including diet pills containing ephedrine and other addictive chemicals and following fields: law enforcement, law, medicine, criminology, psychology or social work.
determine the quantity and/or quality of dangerous drugs and precursors and essential chemicals to be
imported, manufactured and held in stock at any given time by authorized importer, manufacturer or distributor The Director General of the PDEA shall be assisted in the performance of his/her duties and responsibilities by
of such drugs; two (2) deputies director general with the rank of Assistant Secretary; one for Operations and the other one for
Administration. The two (2) deputies director general shall likewise be appointed by the President of the
(s) Develop the utilization of a controlled delivery scheme in addressing the transshipment of dangerous drugs Philippines upon recommendation of the Board. The two (2) deputies director general shall possess the same
into and out of the country to neutralize transnational crime syndicates involved in illegal trafficking of any qualifications as those of the Director General of the PDEA. The Director General and the two (2) deputies
dangerous drug and/or controlled precursors and essential chemicals; director general shall receive the compensation and salaries as prescribed by law.
(t) Recommend the revocation of the professional license of any practitioner who is an owner, co-owner, lessee, SEC. 83. Organization of the PDEA. — The present Secretariat of the National Drug Law Enforcement and
or in the employ of the drug establishment, or manager of a partnership, corporation, association, or any juridical Prevention Coordinating Center as created by Executive Order No. 61 shall be accordingly modified and absorbed
entity owning and/or controlling such drug establishment, and who knowingly participates in, or consents to, by the PDEA.
tolerates, or abets the commission of the act of violations as indicated in the preceding paragraph, all without
prejudice to the criminal prosecution of the person responsible for the said violation; The Director General of the PDEA shall be responsible for the necessary changes in the organizational set-up
which shall be submitted to the Board for approval.
(u) Appoint such technical, administrative and other personnel as may be necessary for the effective
implementation of this Act, subject to the Civil Service Law and its rules and regulations; For purposes of carrying out its duties and powers as provided for in the succeeding Section of this Act, the
PDEA shall have the following Services, namely: Intelligence and Investigation; International Cooperation and
(v) Establish a regular and continuing consultation with concerned government agencies and medical Foreign Affairs; Preventive Education and Community Involvement; Plans and Operations; Compliance; Legal
professional organizations to determine if balance exists in policies, procedures, rules and regulations on and Prosecution; Administrative and Human Resource; Financial Management; Logistics Management; and
dangerous drugs and to provide recommendations on how the lawful use of dangerous drugs can be improved Internal Affairs.
and facilitated; and
The PDEA shall establish and maintain regional offices in the different regions of the country which shall be
(w) Submit an annual and periodic reports to the President, the Congress of the Philippines and the Senate and responsible for the implementation of this Act and the policies, programs, and projects of said agency in their
House of Representatives committees concerned as may be required from time to time, and perform such other respective regions.

SEC. 84. Powers and Duties of the PDEA. — The PDEA shall: package and address itself to be a possible importation of dangerous drugs and/or controlled precursors and
essential chemicals, through on-line or cyber shops via the internet or cyberspace;
(a) Implement or cause the efficient and effective implementation of the national drug control strategy
formulated by the Board thereby carrying out a national drug campaign program which shall include drug law (j) Conduct eradication programs to destroy wild or illegal growth of plants from which dangerous drugs may be
enforcement, control and prevention campaign with the assistance of concerned government agencies; extracted;
(b) Undertake the enforcement of the provisions of Article II of this Act relative to the unlawful acts and penalties (k) Initiate and undertake the formation of a nationwide organization which shall coordinate and supervise all
involving any dangerous drug and/or controlled precursor and essential chemical and investigate all violators activities against drug abuse in every province, city, municipality and barangay with the active and direct
and other matters involved in the commission of any crime relative to the use, abuse or trafficking of any participation of all such local government units and nongovernmental organizations, including the citizenry,
dangerous drug and/or controlled precursor and essential chemical as provided for in this Act and the provisions subject to the provisions of previously formulated programs of action against dangerous drugs;
of Presidential Decree No. 1619;
(l) Establish and maintain a national drug intelligence system in cooperation with law enforcement agencies,
(c) Administer oath, issue subpoena and subpoena duces tecum relative to the conduct of investigation involving other government agencies/offices and local government units that will assist in its apprehension of big-time
the violations of this Act; drug lords;
(d) Arrest and apprehend as well as search all violators and seize or confiscate, the effects or proceeds of the (m) Establish and maintain close coordination, cooperation and linkages with international drug control and
crimes as provided by law and take custody thereof, for this purpose the prosecutors and enforcement agents administration agencies and organizations, and implement the applicable provisions of international conventions
are authorized to possess firearms, in accordance with existing laws; and agreements related to dangerous drugs to which the Philippines is a signatory;
(e) Take charge and have custody of all dangerous drugs and/or controlled precursors and essential chemicals (n) Create and maintain an efficient special enforcement unit to conduct an investigation, file charges and
seized, confiscated or surrendered to any national, provincial or local law enforcement agency, if no longer transmit evidence to the proper court, wherein members of the said unit shall possess suitable and adequate
needed for purposes of evidence in court; firearms for their protection in connection with the performance of their duties: Provided, That no previous
special permit for such possession shall be required;
(f) Establish forensic laboratories in each PNP office in every province and city in order to facilitate action on
seized or confiscated drugs, thereby hastening its destruction without delay; (o) Require all government and private hospitals, clinics, doctors, dentists and other practitioners to submit a
report to it, in coordination with the Board, about all dangerous drugs and/or controlled precursors and essential
(g) Recommend to the DOJ the forfeiture of properties and other assets of persons and/or corporations found chemicals which they have attended to for data and information purposes;
to be violating the provisions of this Act and in accordance with the pertinent provisions of the Anti-Money-
Laundering Act of 2001; (p) Coordinate with the Board for the facilitation of the issuance of necessary guidelines, rules and regulations
for the proper implementation of this Act;
(h) Prepare for prosecution or cause the filing of appropriate criminal and civil cases for violation of all laws on
dangerous drugs, controlled precursors and essential chemicals, and other similar controlled substances, and (q) Initiate and undertake a national campaign for drug prevention and drug control programs, where it may
assist, support and coordinate with other government agencies for the proper and effective prosecution of the enlist the assistance of any department, bureau, office, agency or instrumentality of the government, including
same; government-owned and/or -controlled corporations, in the anti-illegal drugs drive, which may include the use of
their respective personnel, facilities, and resources for a more resolute detection and investigation of drug-
(i) Monitor and if warranted by circumstances, in coordination with the Philippine Postal Office and the Bureau related crimes and prosecution of the drug traffickers; and
of Customs, inspect all air cargo packages, parcels and mails in the central post office, which appear from the

(r) Submit an annual and periodic reports to the Board as may be required from time to time, and perform such ARTICLE X
other functions as may be authorized or required under existing laws and as directed by the President
himself/herself or as recommended by the congressional committees concerned. APPROPRIATIONS, MANAGEMENT
OF FUNDS AND ANNUAL REPORT
SEC. 85. The PDEA Academy. — Upon the approval of the Board, the PDEA Academy shall be established either
in Baguio or Tagaytay City, and in such other places as may be necessary. The PDEA Academy shall be SEC. 87. Appropriations. — The amount necessary for the operation of the Board and the PDEA shall be charged
responsible in the recruitment and training of all PDEA agents and personnel. The Board shall provide for the against the current year’s appropriations of the Board, the National Drug Law Enforcement and Prevention
qualifications and requirements of its recruits who must be at least twenty-one (21) years old, of proven integrity Coordinating Center, the Narcotics Group of the PNP, the Narcotics Division of the NBI and other drug abuse
and honesty and a Baccalaureate degree holder. units of the different law enforcement agencies integrated into the PDEA in order to carry out the provisions of
this Act. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be
The graduates of the Academy shall later comprise the operating units of the PDEA after the termination of the included in the annual General Appropriations Act.
transition period of five (5) years during which all the intelligence network and standard operating procedures
of the PDEA has been set up and operationalized. All receipts derived from fines, fees and other income authorized and imposed in this Act, including ten percent
(10%) of all unclaimed and forfeited sweepstakes and lotto prizes but not less than twelve million pesos
The Academy shall be headed by a Superintendent, with the rank of Director. He/she shall be appointed by the (P12,000,000.00) per year from the Philippine Charity Sweepstakes Office (PCSO), are hereby constituted as a
PDEA Director General. special account in the general fund for the implementation of this Act: Provided, That no amount shall be
disbursed to cover the operating expenses of the Board and other concerned agencies: Provided, further, That
SEC. 86. Transfer, Absorption, and Integration of All Operating Units on Illegal Drugs into the PDEA and at least fifty percent (50%) of all the funds shall be reserved for assistance to government-owned and/or
Transitory Provisions. — The Narcotics Group of the PNP, the Narcotics Division of the NBI and the Customs operated rehabilitation centers.
Narcotics Interdiction Unit are hereby abolished; however they shall continue with the performance of their task
as detail service with the PDEA, subject to screening, until such time that the organizational structure of the The fines shall be remitted to the Board by the court imposing such fines within thirty (30) days from the finality
Agency is fully operational and the number of graduates of the PDEA Academy is sufficient to do the task of its decisions or orders. The unclaimed and forfeited prizes shall be turned over to the Board by the PCSO
themselves: Provided, That such personnel who are affected shall have the option of either being integrated into within thirty (30) days after these are collected and declared forfeited.
the PDEA or remain with their original mother agencies and shall, thereafter, be immediately reassigned to other
units therein by the head of such agencies. Such personnel who are transferred, absorbed and integrated in the A portion of the funds generated by the Philippine Amusement and Gaming Corporation (PAGCOR) in the amount
PDEA shall be extended appointments to positions similar in rank, salary, and other emoluments and privileges of Five million pesos (P5,000,000.00) a month shall be set aside for the purpose of establishing adequate drug
granted to their respective positions in their original mother agencies. rehabilitation centers in the country and also for the maintenance and operations of such centers: Provided,
That the said amount shall be taken from the fifty percent (50%) share of the National Government in the income
The transfer, absorption and integration of the different offices and units provided for in this Section shall take of PAGCOR: Provided, further, That the said amount shall automatically be remitted by PAGCOR to the Board.
effect within eighteen (18) months from the effectivity of this Act: Provided, That personnel absorbed and on The amount shall, in turn, be disbursed by the Dangerous Drugs Board, subject to the rules and regulations of
detail service shall be given until five (5) years to finally decide to join the PDEA. the Commission on Audit (COA).
Nothing in this Act shall mean a diminution of the investigative powers of the NBI and the PNP on all other The fund may be augmented by grants, donations, and endowment from various sources, domestic or foreign,
crimes as provided for in their respective organic laws: Provided, however, That when the investigation being for purposes related to their functions, subject to the existing guidelines set by the government.
conducted by the NBI, PNP or any ad hoc anti-drug task force is found to be a violation of any of the provisions
of this Act, the PDEA shall be the lead agency. The NBI, PNP or any of the task force shall immediately transfer SEC. 88. Management of Funds Under this Act; Annual Report by the Board and the PDEA. — The Board shall
the same to the PDEA: Provided, further, That the NBI, PNP and the Bureau of Customs shall maintain close manage the funds as it may deem proper for the attainment of the objectives of this Act. In addition to the
coordination with the PDEA on all drug related matters. periodic reports as may be required under this Act, the Chairman of the Board shall submit to the President of

the Philippines and to the presiding officers of both houses of Congress, within fifteen (15) days from the opening any valid reason, shall be punished with imprisonment of not less than twelve (12) years and one (1) day to
of the regular session, an annual report on the dangerous drugs situation in the country which shall include twenty (20) years and a fine of not less than Five hundred thousand pesos (P500,000.00), in addition to the
detailed account of the programs and projects undertaken, statistics on crimes related to dangerous drugs, administrative liability he/she may be meted out by his/her immediate superior and/or appropriate body.
expenses incurred pursuant to the provisions of this Act, recommended remedial legislation; if needed, and such
other relevant facts as it may deem proper to cite. The immediate superior of the member of the law enforcement agency or any other government employee
mentioned in the preceding paragraph shall be penalized with imprisonment of not less than two (2) months and
SECTION 89. Auditing the Accounts and Expenses of the Board and the PDEA. — All accounts and expenses of one (1) day but not more than six (6) years and a fine of not less than Ten thousand pesos (P10,000.00) but not
the Board and the PDEA shall be audited by the COA or its duly authorized representative. more than Fifty thousand pesos (P50,000.00) and in addition, perpetual absolute disqualification from public
office if despite due notice to them and to the witness concerned, the former does not exert reasonable effort
ARTICLE XI to present the latter to the court.
JURISDICTION OVER The member of the law enforcement agency or any other government employee mentioned in the preceding
DANGEROUS DRUGS CASES paragraphs shall not be transferred or re-assigned to any other government office located in another territorial
jurisdiction during the pendency of the case in court. However, the concerned member of the law enforcement
SEC. 90. Jurisdiction. — The Supreme Court shall designate special courts from among the existing Regional agency or government employee may be transferred or re-assigned for compelling reasons: Provided, That
Trial Courts in each judicial region to exclusively try and hear cases involving violations of this Act. The number his/her immediate superior shall notify the court where the case is pending of the order to transfer or re-assign,
of courts designated in each judicial region shall be based on the population and the number of cases pending within twenty-four (24) hours from its approval: Provided, further, That his/her immediate superior shall be
in their respective jurisdiction. penalized with imprisonment of not less than two (2) months and one (1) day but not more than six (6) years
and a fine of not less than Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00)
The DOJ shall designate special prosecutors to exclusively handle cases involving violations of this Act. and in addition, perpetual absolute disqualification from public office, should he/she fail to notify the court of
such order to transfer or re-assign.
The preliminary investigation of cases filed under this Act shall be terminated within a period of thirty (30) days
from the date of their filing. Prosecution and punishment under this Section shall be without prejudice to any liability for violation of any
existing law.
When the preliminary investigation is conducted by a public prosecutor and a probable cause is established, the
corresponding information shall be filed in court within twenty-four (24) hours from the termination of the SEC. 92. Delay and Bungling in the Prosecution of Drug Cases. — Any government officer or employee tasked
investigation. If the preliminary investigation is conducted by a judge and a probable cause is found to exist, the with the prosecution of drug-related cases under this Act, who, through patent laxity, inexcusable neglect,
corresponding information shall be filed by the proper prosecutor within forty-eight (48) hours from the date of unreasonable delay or deliberately causes the unsuccessful prosecution and/or dismissal of the said drug cases,
receipt of the records of the case. shall suffer the penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
without prejudice to his/her prosecution under the pertinent provisions of the Revised Penal Code.
Trial of the case under this Section shall be finished by the court not later than sixty (60) days from the date of
the filing of the information. Decision on said cases shall be rendered within a period of fifteen (15) days from SEC. 93. Reclassification, Addition or Removal of Any Drug from the List of Dangerous Drugs. — The Board shall
the date of submission of the case for resolution. have the power to reclassify, add to or remove from the list of dangerous drugs. Proceedings to reclassify, add,
or remove a drug or other substance may be initiated by the PDEA, the DOH, or by petition from any interested
SEC. 91. Responsibility and Liability of Law Enforcement Agencies and Other Government Officials and party, including the manufacturer of a drug, a medical society or association, a pharmacy association, a public
Employees in Testing as Prosecution Witnesses in Dangerous Drugs Cases. — Any member of law enforcement interest group concerned with drug abuse, a national or local government agency, or an individual citizen. When
agencies or any other government official and employee who, after due notice, fails or refuses intentionally or a petition is received by the Board, it shall immediately begin its own investigation of the drug. The PDEA also
negligently, to appear as a witness for the prosecution in any proceedings, involving violations of this Act, without

may begin an investigation of a drug at any time based upon the information received from law enforcement (c) In case of the addition of a new drug to the list of dangerous drugs and precursors and essential chemicals,
laboratories, national and local law enforcement and regulatory agencies, or other sources of information. no criminal liability involving the same under this Act shall arise until after the lapse of fifteen (15) days from
the last publication of such notice;
The Board after notice and hearing shall consider the following factors with respect to each substance proposed
to be reclassified, added or removed from control: (d) In case of removal of a drug from the list of dangerous drugs and precursors and essential chemicals, all
persons convicted and/or detained for the use and/or possession of such a drug shall be automatically released
(a) Its actual or relative potential for abuse; and all pending criminal prosecution involving such a drug under this Act shall forthwith be dismissed; and
(b) Scientific evidence of its pharmacological effect if known; (e) The Board shall, within five (5) days from the date of its promulgation submit to Congress a detailed
reclassification, addition, or removal of any drug from the list of dangerous drugs.
(c) The state of current scientific knowledge regarding the drug or other substance;
ARTICLE XII
(d) Its history and current pattern of abuse;
IMPLEMENTING RULES AND REGULATIONS
(e) The scope, duration, and significance of abuse;
SEC. 94. Implementing Rules and Regulations. — The present Board in consultation with the DOH, DILG, DOJ,
(f) Risk to public health; and DepEd, DSWD, DOLE, PNP, NBI, PAGCOR and the PCSO and all other concerned government agencies shall
promulgate within sixty (60) days the Implementing Rules and Regulations that shall be necessary to implement
(g) Whether the substance is an immediate precursor of a substance already controlled under this Act. the provisions of this Act.
The Board shall also take into accord the obligations and commitments to international treaties, conventions ARTICLE XIII
and agreements to which the Philippines is a signatory.
FINAL PROVISIONS
The Dangerous Drugs Board shall give notice to the general public of the public hearing of the reclassification,
addition to or removal from the list of any drug by publishing such notice in any newspaper of general circulation SEC. 95. Congressional Oversight Committee. — There is hereby created a Congressional Oversight Committee
once a week for two (2) weeks. composed of seven (7) Members from the Senate and seven (7) Members from the House of Representatives.
The Members from the Senate shall be appointed by the Senate President based on the proportional
The effect of such reclassification, addition or removal shall be as follows: representation of the parties or coalitions therein with at least two (2) Senators representing the Minority. The
Members from the House of Representatives shall be appointed by the Speaker, also based on proportional
(a) In case a dangerous drug is reclassified as precursors and essential chemicals, the penalties for the violations representation of the parties or coalitions therein with at least two (2) Members representing the Minority.
of this Act involving the two latter categories of drugs shall, in case of conviction, be imposed in all pending
criminal prosecutions; The Committee shall be headed by the respective Chairpersons of the Senate Committee on Public Order and
Illegal Drugs and the House of Representatives Committee on Dangerous Drugs.
(b) In case a precursor and essential chemicals is reclassified as dangerous drug, the penalties for violations of
the Act involving precursors and essential chemicals shall, in case of conviction, be imposed in all pending SEC. 96. Powers and Functions of the Oversight Committee. — The Oversight Committee on Dangerous Drugs
criminal prosecutions; shall, in aid of legislation, perform the following functions, among others:
(a) To set the guidelines and overall framework to monitor and ensure the proper implementation of this Act;

(b) To ensure transparency and require the submission of reports from government agencies concerned on the SEC. 99. Separability Clause. — If for any reason any section or provision of this Act, or any portion thereof, or
conduct of programs, projects and policies relating to the implementation of this Act; the application of such section, provision or portion thereof to any person, group or circumstance is declared
invalid or unconstitutional, the remainder of this Act shall not be affected by such declaration and shall remain
(c) To approve the budget for the programs of the Oversight Committee on Dangerous Drugs and all in force and effect.
disbursements therefrom, including compensation of all personnel;
SEC. 100. Repealing Clause. — Republic Act No. 6425, as amended, is hereby repealed and all other laws,
(d) To submit periodic reports to the President of the Philippines and Congress on the implementation of the administrative orders, rules and regulations, or parts thereof inconsistent with the provisions of this Act, are
provisions of this Act; hereby repealed or modified accordingly.
(e) To determine inherent weaknesses in the law and recommend the necessary remedial legislation or executive SEC. 101. Amending Clause. — Republic Act No. 7659 is hereby amended accordingly.
measures; and
SEC. 102. Effectivity. — This Act shall take effect fifteen (15) days upon its publication in at least two (2) national
(f) To perform such other duties, functions and responsibilities as may be necessary to effectively attain the newspapers of general circulation.
objectives of this Act.
SEC. 97. Adoption of Committee Rules and Regulations, and Funding. — The Oversight Committee on Dangerous
Drugs shall adopt its internal rules of procedure, conduct hearings and receive testimonies, reports, and
technical advice, invite or summon by subpoena ad testificandum any public official, private citizen, or any other
person to testify before it, or require any person by subpoena duces tecum documents or other materials as it
may require consistent with the provisions of this Act.
The Oversight Committee on Dangerous Drugs shall be assisted by a secretariat to be composed by personnel
who may be seconded from the Senate and the House of Representatives and may retain consultants.
To carry out the powers and functions of the Oversight Committee on Dangerous Drugs, the initial sum of
Twenty-five million pesos (P25,000,000.00) shall be charged against the current appropriations of the Senate.
Thereafter, such amount necessary for its continued operations shall be included in the annual General
Appropriations Act.
The Oversight Committee on Dangerous Drugs shall exist for a period of ten (10) years from the effectively of
this Act and may be extended by a joint concurrent resolution.
SEC. 98. Limited Applicability of the Revised Penal Code. — Notwithstanding any law, rule or regulation to the
contrary, the provisions of the Revised Penal Code (Act No. 3814), as amended, shall not apply to the provisions
of this Act, except in the case of minor offenders. Where the offender is a minor, the penalty for acts punishable
by life imprisonment to death provided herein shall be reclusion perpetua to death.

RA 8981 The PRC Modernization Act of 2000
REPUBLIC ACT NO. 8981
AN ACT MODERNIZING THE PROFESSIONAL REGULATION COMMISSION, REPEALING FOR THE PURPOSE PRESIDENTIAL
DECREE NUMBERED TWO HUNDRED AND TWENTY-THREE, ENTITLED "CREATING THE PROFESSIONAL REGULATION
COMMISSION AND PRESCRIBING ITS POWERS AND FUNCTIONS," AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines Congress assembled:
Section 1. Title – This Act shall be called the "PRC Modernization Act of 2000."
Section 2. Statement of Policy – The State recognizes the important role of professionals in nation-building and, towards
this end, promotes the sustained development of a reservoir of professionals whose competence has been determined
by honest and credible licensure examinations and whose standards of professional service and practice are
internationally recognized and considered world-class brought about the regulatory measures, programs and activities
that foster professional growth and advancement.
Section 3. Professional Regulation Commission – There is hereby created a three-man commission to be known as the
Professional Regulation Commission, hereinafter referred to as the Commission, which shall be attached to the office of
the President for general direction and coordination.
Section 4. Composition – The Commission shall be headed by one (1) full-time Chairperson and two (2) full-time
Commissioners, all to be appointed by the President for a term of seven (7) years without reappointment to start from
the time they assume office. Appointments to a vacancy that occurs before the expiration of the term of a
Commissioner shall cover only the unexpired term of the immediate predecessor. At the expiration of the Chairperson,
the most senior of the Commissioners shall temporarily assume and perform the duties and functions of the Chairperson
until a permanent Chairperson is appointed by the President.
The Chairperson or Commissioner shall be at least forty (40) years of age, holding a valid certificate of
registration/professional license and a valid professional identification card or a valid certificate of competency issued by
the Commission or a valid professional license issued by any government agency, familiar with the principles and
methods of professional regulation and/or licensing and has had at least five (5) years of executive or management
experience: Provided, That, one (1) of the Commissioners must be a past Chairperson/member of a Professional
Regulatory Board.
Section 5. Exercise of Powers and Functions of the Commission – The Chairperson of the Commission, and the
Commissioners as members thereof shall sit and act as a body to exercise general administrative, executive and policy-
making functions of the Commission. The Commission shall establish and maintain a high standard of admission to the
practice of all professions and at all times ensure and safeguard the integrity of all licensure examinations.
The Chairperson shall act as the presiding and chief executive officer of the Commission. As presiding officer, he/she
shall preside over the meetings of the Commission sitting as a collegial body. As chief executive officer of the
Commission, he/she shall be responsible for the implementation of the policies and the programs adopted by the
Commission for the general administration of the Commission. He/she shall perform such other activities which are
necessary for the effective exercise of the powers, functions and responsibilities of the Commission.
Section 6. Compensation and Other Benefits – The Chairperson shall receive compensation and allowances equivalent to
that of a Department Secretary while the Commissioners shall receive compensation and allowances equivalent to that
of an Undersecretary. The Chairperson and the members of the Commission shall be entitled to retirement benefits
provided under Republic Act Numbered Fifteen Hundred and Sixty Eight, as amended by Republic Act Numbered Three
Thousand Five Hundred and Ninety Five.
Section 7. Powers, Functions and Responsibilities of the Commission – The powers, functions, and responsibilities of the
Commission are as follows:
(a) To administer, implement and enforce the regulatory policies of the national government with respect to the
regulation and licensing of the various professions and occupations under its jurisdiction including the enhancement and
maintenance of professional and occupational standards and ethics and the enforcement of the rules and regulations
relative thereto:
(b) To perform any and all acts, enter into contracts, make such rules and regulations and issue such orders and other
administrative issuance as may be necessary in the execution and implementation of its functions and the improvement
of its services;
(c) To review, revise, and approve resolutions, embodying policies promulgated by the Professional Regulatory Boards in
the exercise of their powers and functions or in implementing the laws regulating their respective professions and other
official actions on non-ministerial matters within their respective jurisdictions;
(d) To administer and conduct the licensure examinations of the various regulatory boards in accordance with the rules
and regulations promulgated by the Commission; determine and fix the places and dates of examinations; use publicly
or privately owned buildings and facilities for examination purposes; conduct more than one (1) licensure
examination: Provided, That, when there are two (2) or more examinations given in a year, at least one (1) examinations
shall be held on weekdays (Monday to Friday): Provided, further, That, if only one (1) examination is given in a year, this
shall be held only on weekdays: Provided, finally, That, the Commission is also authorized to require the completion of a
refresher course where the examinee has failed to pass three (3) times, except as otherwise provided by law; approve
the results of examinations and the release of the same; adopt measures to preserve the integrity and inviolability of
licensure examinations; appoint supervisors and room watchers from among the employees of the government and/or
private individuals with baccalaureate degrees, who have been trained by the Commission for the purpose and who shall
be entitled to a reasonable daily allowance for every examination day actually attended, to be determined and fixed by
the Commission; publish the list of successful examinees; provide schools, colleges and universities, public and private,
offering courses for licensure examinations, with copies of sample test questions on examinations recently conducted by
the Commission and copies of the syllabi or terms of specifications of subjects for licensure examinations; and impose
the penalty of suspension or prohibition from taking licensure examinations to any examinee charged and found guilty
of violating the rules and regulations governing the conduct of licensure examinations promulgated by the Commission;
(e) To admit the successful examinees to the practice of the profession or occupation; cause the entry of their names on
its registry book and computerized database; issue certificates of registration/professional license, bearing the
registrant’s name, picture, and registration number, signed by all the members of the Board concerned and the
Chairperson, with the official seal of the Board and the Commission affixed thereto which certificate shall be the
authority to practice; and at the option of the professional concerned, ministerially issue the professional identification
card, to be used solely for the purpose of identification, upon payment of the appropriate amount: Provided, That,
marine deck and marine engineer officers shall also be issued endorsement certificates exclusively by the Commission
pursuant to the 1978 and 1995 Standards of Training, Certification and Watch-keeping (STCW) Convention, to the
exclusion of any other government agency, Section 1(2) of Executive Order No. 149, Series of 1999 and provisions of
other existing laws, executive orders, administrative issuance/regulations to the contrary notwithstanding: Provided,
further, That, once a certificate of registration/professional license, or certificate of competency, in the case of marine
deck and engine officers are issued, this cannot be withdrawn, cancelled, revoked, or suspended except for just cause as
may be provided by law after due notice and hearing;
(f) To have custody of all the records of the various Boards, including examination papers, minutes of deliberation,
records of administrative cases and investigations and examination results for control and disposition;
(g) To determine and fix the amount of fees to be charged and collected for examination, registration, registration
without examination, professional identification card, certification, docket, appeal, replacement, accreditation, including
surcharges and other fees not specified under the provisions of Republic Act Numbered Four Hundred Sixty Five as
amended by Republic Act Numbered Sixty Five Hundred and Eleven or to charge and collect reasonable fees at the rates
higher than the rates provided thereunder subject to the approval by the Office of the President.
(h) To appoint subject to the Civil Service laws, rules, and regulations, officials and employees of the Commission
necessary for the effective performance of its functions and responsibilities; prescribe their duties and fix their
compensation subject to the provisions of Republic Act Numbered Six Thousand Seven Hundred and Fifty Eight and
allowances including other fringe benefits; and to assign and/or reassign personnel as the exigency of the service
requires subject to the Civil Service laws, rules and regulations; and to organize or reorganize the structure of the
Commission; and create or abolish positions or change the designation of existing positions in accordance with a staffing
pattern prepared by it and approved by the Office of the President upon the recommendation of the Department of
Budget and Management (DBM) to meet the changing conditions or as the need arises: Provided, That, such changes
shall not affect the employment status of the incumbents, reduce their ranks and/or salaries nor shall result in their
separation from the service;
(i) To submit and recommend to the President of the Philippines the names of licensed/registered professionals for
appointment as members of the various Professional Regulatory Boards from among those nominated to fill up
vacancies pursuant to the provisions of Executive Order No. 496, Series of 1991;
(j) Upon recommendation of the Professional Regulatory Board concerned, to approve the registration of and authorize
the issuance of a certificate of registration/license and professional identification card with or without examination to a
foreigner who is registered under the laws of his state or country and whose certificate of registration issued therein has
not been suspended or revoked: Provided, That, the requirements for the registration or licensing in said foreign state or
country are substantially the same as those required and contemplated by the laws of the Philippines and that the laws
of such foreign state or country allow the citizens of the Philippines to practice the profession on the same basis and
grant the same privileges as those enjoyed by the subjects or citizens of such foreign state or country: Provided, further,
That, the Commission may, upon recommendation of the Board concerned, authorize the issuance of a certificate of
registration/license or a special temporary permit to foreign professionals who desire to practice their professions in the
country under reciprocity and other international agreements; consultants in foreign-funded, joint venture or foreign-
assisted projects of the government, employees of Philippine or foreign private firms or institutions pursuant to law, or
health professionals engaged in humanitarian mission for a limited period of time: Provided, finally, That agencies,
organizations or individuals whether public or private, who secure he services of a foreign professional authorized by
law to practice in the Philippines for reasons aforementioned, shall be responsible for securing a special permit from the
Professional Regulation Commission (PRC) and the Department of Labor and Employment (DOLE), pursuant to PRC and
DOLE rules:
(k) To authorize any officer of the Commission to administer oaths:
(l) To supervise foreign nations who are authorized by existing laws to practice their professions either as holders of a
certificate of registration and a professional identification card or a temporary special permit in the Philippines; to ensue
that the terms and conditions for their practice or of their employment are strictly complied with; to require the hiring
or employing government agency or private entity/institution to secure a temporary special permit from the concerned
Board subject to approval by the Commission and to file a criminal complaint against the head of the government
agency or officers of the said private entity/institution, who shall be liable under the penalty provided for in the
concerned professional regulatory law or the penalty imposed pursuant to this Act, when the professional was hired and
allowed to practice his/her profession without permit; to file upon due process request for deportation with the Bureau
of Immigration and Deportation (BID); and to supervise professionals who were former citizens of the Philippines and
who had been registered and issued a certificate of registration and a professional identification card prior to their
naturalization as foreign citizens, who may, while in the country on a visit, sojourn or permanent residence, practice
their profession: Provided, That, prior to the practice of their profession they shall have first been issued a special permit
and updated professional identification card by the Board concerned subject to approval by the Commission and upon
payment of the permit and annual registration fees;
(m) To monitor the performance of schools in licensure examinations and publish the results thereof in a newspaper of
national circulation;
(n) To adopt and institute a comprehensive rating system for universities, colleges, and training institutes based on the
passing ratio and overall performance of students in board examinations;
(o) To exercise administrative supervision over the various professional regulatory boards and its members;
(p) To adopt and promulgate such rules and regulations as may be necessary to effectively implement policies with
respect to the regulation and practice of the professions;
(q) To implement the program for the full computerization of all licensure examinations given by the various
professional regulatory boards including the registration of professionals not later than the year 2003 and other
operations of the Commission;
(r) To investigate and decide administrative matters involving officers and employees under the jurisdiction of the
Commission;
(s) To investigate motu proprio or upon the filing of a verified complaint, any member of the Professional Regulatory
Boards for neglect of duty, incompetence, unprofessional, unethical, immoral or dishonorable conduct, commission of
irregularities in the licensure examinations which taint or impugn the integrity and authenticity of the results of the said
examinations and, if found guilty, to revoke or suspend their certificates of registration and professional
licenses/identification cards and to recommend to the President of the Philippines their suspension or removal from
office as the case may be;
(t) To issue summons, subpoena and subpoena duces tecum in connection with the investigation of cases against officials
and employees of the Commission and the members of the Professional Regulatory Boards;
(u) To hold in contempt in erring party or person only upon application with a court of competent jurisdiction;
(v) To call upon or request any department, instrumentality, office, bureau, institution or agency of the government
including local government units to render such assistance as it may require, or to coordinate or cooperate in order to
carry out, enforce or implement the professional regulatory policies of the government or any program or activity it may
undertake pursuant to the provisions of this Act;
(w) To initiate an investigation, upon complaint under oath by an aggrieved party, of any person, whether a private
individual or professional, local or foreign, who practices the regulated profession or occupation without being
authorized by law, or without being registered with and licensed by the concerned regulatory board and issued the
corresponding license/professional identification card or temporary or special permit, or who commits any of the
prohibited acts provided in the regulatory laws of the various professions, which acts are criminal in nature, and if the
evidence so warrants, to forward the records of the case to the office of the city or provincial prosecutor for the filing of
the corresponding information in court by the lawyers of the legal services of the Commission who may prosecute said
case/s upon being deputized by the Secretary of Justice;
(x) To prepare an annual report of accomplishments on the programs, projects and activities of the Commission during
the year for submission to Congress after the close of its calendar year and make appropriate recommendations on
issues and/or problems affecting the Commission, the Professional Regulatory Board, and the various professions under
its jurisdiction; and
(y) To perform such other functions and duties as may be necessary to carry out the provisions of this Act, the various
professional regulatory laws, decrees, executive orders and other administrative issuance.
Section 8. Regional Offices – The Commission is hereby authorized to create regional offices as may be necessary to
carry out their functions mandated under this Act.
Section 9. Powers, Functions and Responsibilities of the Various Professional Regulatory Boards – The various,
professional regulatory boards shall retain the following powers, functions and responsibilities:
(a) To regulate the practice of the professions in accordance with the provisions of their respective professional
regulatory laws;
(b) To monitor the conditions affecting the practice of the profession or occupation under their respective jurisdictions
and whenever necessary, adopt such measures as may be deemed proper for the enhancement of the profession or
occupation and/or the maintenance of high professional, ethical and technical standards, and for this purpose the
members of the Board duly authorized by the Commission with deputized employees of the Commission, may conduct
ocular inspection in industrial, mechanical, electrical or chemical plants or establishments, hospitals, clinics, laboratories,
testing facilities, mines and quarries, other engineering facilities and in the case of schools, in coordination with the
Commission on Higher Education (CHED);
(c) To hear and investigate cases arising from violations of their respective laws, the rules and regulations promulgated
thereunder and their Codes of Ethics and, for this purpose, may issue summons, subpoena and subpoena duces tecum to
alleged violators and/or witnesses to compel their attendance in such investigations or hearings: Provided, That, the
decision of the Professional Regulatory Board shall, unless appealed to the Commission, become final and executory
after fifteen (15) days from receipt of notice of judgment or decision;
(d) To delegate the hearing or investigation of administrative cases filed before them except in cases where the issue or
question involved strictly concerns the practice of the profession or occupation, in which case, the hearing shall be
presided over by at least one (1) member of the Board concerned assisted by a Legal or Hearing Officer of the
Commission;
(e) To conduct, through the Legal Officers of the Commission, summary proceedings on minor violations of their
respective regulatory laws, violations of the rules and regulations issued by the boards to implement their respective
laws, including violations of the general instructions to examinees committed by examinees, and render summary
judgment thereon which shall, unless appealed to the Commission, become final and executory after fifteen (15) days
from receipt of notice of judgment or decision;
(f) Subject to final approval by the Commission, to recommend registration without examination and the issuance of
corresponding certificate of registration and professional identification card;
(g) After due process, to suspend, revoke or reissue, reinstate certificate of registration or licenses for causes provided
by law;
(h) To prepare, adopt and issue the syllabi or tables of specifications of the subjects for examinations in consultation
with the academe; determine and prepare the questions for the licensure examinations which shall strictly be within the
scope of the syllabus or table of specifications of the subject for examination; score and rate the examination papers
with the name and signature of the Board member concerned appearing thereon and submit the results in all subjects
duly signed by the members of the Board to the Commission within ten (10) days from the last day of examination
unless extended by the Commission for justifiable cause/s; and subject to the approval by the Commission, determine
the appropriate passing general average rating in an examination if not provided for in the law regulating the profession;
and
(i) To prepare an annual report of accomplishments on programs, projects and activities of the Board during the year for
submission to the Commission after the close of each calendar year and make appropriate recommendations on issues
or problems affecting the profession to the Commission.
Section 10. Compensation of the Members of the Professional Regulatory Boards – The members of the Professional
Regulatory Boards shall receive compensation equivalent to, at least, two salary grades lower than the salary grade of
the Commissioners: Provided, That the Chairperson of the Regulatory Board shall receive a monthly compensation of
two steps higher than the members of the Board, and: Provided, further, That they shall be entitled to other allowances
and benefits provided under existing laws.
Section 11. Person to Teach Subjects for Licensure Examination on all Professions – All subjects for licensure
examinations shall be taught by persons who are holders of valid certificates of registration and valid professional
licenses of the profession and who comply with the other requirements of the CHED.
Section 12. Assistance of Law Enforcement Agency – Any law enforcement agency shall, upon call or request of the
Commission or of any Professional Regulatory Board, render assistance in enforcing the regulatory law of the profession
including the rules and regulations promulgated thereunder by prosecuting the violators thereof in accordance with law
and the rules of court.
Section 13. Appropriations – The amount necessary to carry out the initial implementation of this Act shall be charged
against the current year’s appropriations of the Professional Regulation Commission. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be included in the succeeding General Appropriations Act.
Section 14. Authority to Use Income – In addition to the annual appropriations of the Commission provided under the
Annual General Appropriations Act, the Commission is hereby authorized to use its income not exceeding the amount of
Forty-five million pesos (P45,000,000.00) a year for a period of five (5) years after the effectivity of this Act to implement
the program for full computerization of the operations of the Commission, subject to the usual accounting and auditing
requirements.
Section 15. Penalties for Manipulation and Other Corrupt Practices in the Conduct of Professional Examinations –
(a) Any person who manipulates or rigs licensure examination results, secretly informs or makes known licensure
examination questions prior to the conduct of the examination or tampers with the grades in professional licensure
examinations shall, upon conviction, be punished by imprisonment of not less than six (6) years and one (1) day to not
more than twelve (12) years or a fine of not less than Fifty thousand pesos (P50,000.00) to not more than One hundred
thousand pesos (P100,000.00) or both such imprisonment and fine at the discretion of the court.
(b) In case the offender is an officer or employee of the Commission or a member of the regulatory board, he/she shall
be removed from office and shall suffer the penalty of perpetual absolute disqualification from public office to addition
to the penalties prescribed in the preceding section of this Act;
(c) The penalty of imprisonment ranging from four (4) years and one (1) day to six (6) years or a fine ranging from
Twenty thousand pesos (P20,000.00) to not more than Forty-nine thousand pesos (P49,000.00), or both imprisonment
and fine at the discretion of the court, shall be imposed upon the accomplices. The penalty of imprisonment ranging
from two (2) years and one (1) day to four (4) years or a fine ranging from Five thousand pesos (P5,000.00) to not more
than Nineteen thousand pesos (P19,000.00), or both imprisonment and fine at the discretion of the court, shall be
imposed upon the accessories.
Section 16. Penalties for Violation of Section 7 – Subparagraph (1) by Heads of Government Agencies or Officers of
Private Entities/Institutions – Any head of a government agency or officer(s) of a private firm/institution who violates
Section 7 – subpar. (1) of this Act shall be punished by imprisonment of not less than six (6) months and one (1) day to
not more than six (6) years, or a fine of not less than Fifty thousand pesos (P50,000.00) to not more than Five hundred
thousand pesos (P500,000.00) or both at the discretion of the court.
Section 17. Implementing Rules and Regulations – Within ninety (90) days after the approval of this Act, the Professional
Regulation Commission, together with representatives of the various Professional Regulatory Boards and accredited
professional organizations, the DBM, and the CHED shall prepare and promulgate the necessary rules and regulations
needed to implement the provisions of this Act.
Section 18. Transitory Provisions – The incumbent Commissioner and two (2) incumbent Associate Commissioners shall
serve as Chairperson and Commissioners respectively under the terms for which they have been appointed without
need of new appointments. The incumbent Executive Director shall likewise serve as Assistant Commissioner without
need of new appointment.
Section 19. Separability Clause – If any provision of this Act or the application of such provision to any person or
circumstances is declared invalid or unconstitutional, the remainder of this Act or application of such provisions to other
persons or circumstance shall not be affected by such declaration.
Section 20. Repealing Clause – Republic Act. No. 546, Presidential Decree No. 223, as amended by Presidential Decree
No. 657, Republic Act No. 5181, and Executive Order No. 266, Series of 1995 are hereby repealed. Section 23 (h) of
Republic Act No. 7836, Section 4 (m & s). Section 23 of Republic Act No. 7920, and Section 29 of Republic Act No. 8050,
insofar as it requires completion of the requirements of the Continuing Professional Education (CPE) as a condition for
the renewal of the license are hereby repealed. All other laws, orders, rules and regulations or resolutions and all part/s
thereof inconsistent with the provisions of this Act are hereby repealed or amended accordingly.
Section 21. Effectivity – This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or
in two (2) newspapers of general circulation, whichever is earlier.
Approved: December 05, 2000
(Sgd.)JOSEPH EJERCITO ESTRADA

President of the Philippines
PRESIDENTIAL DECREE No. 223 June 22, 1973
CREATING THE PROFESSIONAL REGULATION COMMISSION AND PRESCRIBING ITS POWERS AND FUNCTIONS
WHEREAS, the regulations of the various profession presently regulated by the Office of the Boards
of Examiners is so extensive, practically covering all social and economic life of the country;
WHEREAS, the existence of the Boards of Examiners is misconstrued for a number of years now as
nothing more than an examining unit, though all the professional laws creating the various Boards
have charged them with the supervision and regulation over the professional practice in the
Philippines; and
WHEREAS, to effectively enforce the laws regulating the various professions, there is an urgent need
to create a three-man Commission to administer, implement, coordinate and supervise the various
Boards of Examiners;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the
powers vested in me by the Constitution as Commander-in-Chief of all the Armed Forces of the
Philippines, and pursuant to Proclamation No. 1081 dated September 21, 1972, and General Order
No. 1 dated September 22, 1972, as amended, do hereby order and decree:
Section 1. Professional Regulation Commission. There is hereby created a three-man Commission
to be known as the Professional Regulation Commission which shall be attached to the Office of the
President for general direction and coordination.
Section 2. Composition. The Commission shall be headed by one full time Commissioner and two full
time Associate Commissioners, all to be appointed by the President for a term of nine (9) years
without reappointment to start from the time they assume office, except the first two Associate
Commissioners who shall be appointed, one for six (6) years and the other for three (3) years, and
thereafter, any vacancy in the Commission shall be filled for the unexpired term only with the most
senior of the Associate Commissioners succeeding the Commissioner at the expiration of his term,
resignation or removal. No person shall be appointed chairman or member of the Commission unless
he is at least forty (40) years of age, familiar with the principles and methods of professional
regulation and/or licensing and has at least five (5) years of executive or managerial experience.
Section 3. Exercise of powers and functions of the Commission. The Commissioner, who shall be the
Chairman of the Commission, and the Associate Commissioners as members thereof shall, as a
body, exercise general administrative, executive and policy-making functions for the whole agency.
Section 4. Compensation. The Commissioner shall receive an annual compensation of forty-eight
thousand pesos (P48,000) with five hundred pesos (P500) commutable transportation and
representation allowances and the Associate Commissioners, thirty-six thousand pesos (P36,000)
each with three hundred fifty pesos (P350) commutable transportation and representation
allowances.
Section 5. Powers of the Commission. The powers of the Commission are as follows:
a) To administer, implement and enforce the regulatory policies of the National Government with
respect to the regulation and licensing of the various professions and occupations under its
jurisdiction including the maintenance of professional and occupational standards and ethics and the
enforcement of the rules and regulations relative thereto.
b) To perform any and all acts, enter into contracts, make such rules and regulations and issue such
orders and other administrative issuances as may be necessary in the execution and implementation
of its functions and the improvement of its services.
c) To review, coordinate, integrate and approve the policies, resolutions, rules and regulations, orders
or decisions promulgated by the various Boards with respect to the profession or occupation under
their jurisdictions including the results of their licensures examination but their decisions on
administrative cases shall be final and executory unless appealed to the Commission within thirty (30)
days from the date of promulgation thereof.
d) To administer and conduct the licensure examinations of the various Boards according to the rules
and regulations promulgated by it; determine and fix the places and dates of examinations; appoint
supervisors and room examiners from among the employees of the Government or private individuals
who have been trained by the Commission for that purpose who shall be entitled to a daily allowance
of not less than ten pesos (P10) for every examination day actually attended; use the buildings and
facilities of public and private schools for examination purposes; and approve the release of
examination results;
e) To keep and maintain a register of authorized practitioners of the profession or occupation; issue
certificates of registration or licenses signed by all the members of the Board concerned and the
Commissioner with the official seal of the Board affixed;
f) To have custody of all the records of the various Boards including their examination papers,
minutes of deliberation, records of administrative cases and investigations and examination results;
g) To determine, fix and collect the amount to be charged for examination, registration, registration
without examination, licenses, annual registration fees, certifications, surcharges and other fees not
specified under the provisions of Republic Act No. 6511 or amend the rates provided thereunder
subject to approval by the Office of the President;
h) To appoint, subject to the provisions of existing laws, such as officials and employees of the
Commission as are necessary in the effective performance of its functions and responsibilities,
prescribed their duties and fix their compensation; and to organize or reorganize the structure of the
Commission, create or abolish positions, change the designations of existing positions to meet
changing conditions or as the need therefor arises; Provided, That such changes shall not affect the
employment status of the incumbents, reduce their ranks and/or salaries nor result separating them
from the services;
i) To submit and recommend to the President of the Philippines nominees for appointment as
members of the various Boards from among those nominated by the bona fide professional
organizations accredited by the Commission to fill existing or probable vacancies;
j) The Commission may, upon the recommendation of the Board concerned, approve the registration
of and authorize the issuance of a certificate of registration with or without examination to a foreigner
who is registered under the laws of his country: Provided, That the requirement for the registration or
licensing in said foreign state or country are substantially the same as those required and
contemplated by the laws of the Philippines and that the laws of such foreign state or country allow
the citizens of the Philippines to practice the profession on the same basis and grant the same
privileges as the subject or citizens of such foreign state or country: Provided, finally, That the
applicant shall submit competent and conclusive documentary evidence, confirmed by the
Department of Foreign Affairs, showing that this country's existing laws permit citizens of the
Philippines to practice the profession under the rules and regulations governing citizens thereof. The
Commission is also hereby authorized to prescribe additional requirements or grant certain privileges
to foreigners seeking registration in the Philippines if the same privileges are granted to or some
additional requirements are required of citizens of the Philippines in acquiring the same certificates in
his country;
k) The Commission shall have general supervision over foreign nationals who are authorized by
existing laws or granted special permits to, practice their profession temporarily in the Philippines to
see that the terms and conditions for their employment are strictly observed and adhered to;
l) to prescribe or revise, in conjunction with the Board concerned and the Secretary of Education and
Culture or his authorized representative, collegiate courses the completion of or graduation from
which shall be a prerequisite for admission into the practice of the profession concerned;
m) To exercise general supervision over the members of the various Boards;
n) To promulgate such rules and regulations as may be necessary to effectively implement policies
with respect to the regulation and practice of the professions;
o) To perform such other functions and duties as may be necessary to carry out effectively the
various provisions of professional regulatory laws, decrees or orders;
Section 6. Powers, functions and responsibilities of various Boards. The various Boards shall retain
the following powers, functions and responsibilities:
a) To look from time to time into the condition affecting the practice of the profession or occupation
under their respective jurisdictions and whenever necessary, adopt such measures as may be
deemed proper for the enhancement of the profession or occupation and/or the maintenance of high
professional, ethical and technical standards and for this purpose the members of a Board may
personally or through subordinate employees of the Commission conduct ocular inspection or visit
industrial, mechanical, electrical or chemical plants or works, hospitals, clinics and other engineering
works where registered practitioners of the profession or occupation are employed or are working for
the purpose of determining compliance with the provisions of laws relative to the practice of the
profession or occupation or as an aid in formulating policies relative thereto in accordance with the
established policies promulgated by the Commission;
b) To investigate violations of their respective laws and the rules and regulations promulgated
thereunder and for this purpose may issue summons, subpoenas and subpoena duces tecum to
alleged violators or witnesses thereof and compel their attendance to such investigations or hearings;
c) To delegate the hearing of investigation of administrative cases filed before them except in cases
where the issue involved strictly concerns the practice of the profession or occupation, in which case
the hearing shall be presided by at least one member of the Board concerned assisted by a legal or
hearing officer of the Commission;
d) To promulgate decisions on such administrative cases subject to review by the Commission. If
after thirty (30) days from the receipt of such decision no appeal is taken therefrom to the
Commission, the same shall become final and immediately enforceable;
e) Subject to review by the Commission to approve registration without examination and the issuance
of the corresponding certificates of registration;
f) After due process, to suspend, revoked or reissue certificates of registration for causes provided for
by law or by the rules and regulations promulgated therefor;
g) To determine and prepare the contents of licensure examinations; score and rate the examination
papers and submit the results thereof to the Commission within one hundred twenty (120) days after
the last examination day unless extended by the Commission; and, subject to approval by the
Commission determine the appropriate passing general rating if not provided for in the law regulating
the profession.
Section 7. Names of various Boards. The names of the various Boards shall be changed by the
Commission by deleting the word "Examiners."
Section 8. Transfer of personnel, funds, records, etc. The present office of the Boards of Examiners,
its personnel, funds, records, supplies, equipment, materials, furniture, and fixture are hereby
transferred to the Commission.
Section 9. Repealing clause. The provisions of Republic Act No. 546 are hereby repealed as well as
those of other pertinent laws inconsistent herewith.
Section 10. Effectivity. This Decree shall take effect immediately.
Done in the City of Manila, this 22nd day of June, in the year of Our Lord, nineteen hundred and
seventy-three.
REPUBLIC ACT NO. 7722 be academicians known for their high degree of professionalism and integrity
DATE OF APPROVAL: MAY 18, 1994 who have distinguished themselves as authorities in their chosen fields of
TERM: FIDEL V. RAMOS learning. The members of the Commission shall belong to different academic
specializations.
AN ACT CREATING THE COMMISSION ON HIGHER EDUCATION,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES In no case shall any and all of the Commissioners appoint representatives to
act on their behalf.
Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled: SEC. 5. Term of Office. – The President shall appoint the full-time chairman
and the commissioners for a term of four (4) years, without prejudice to one
SEC. 1. Title. – This Act shall be known as the “Higher Education Act of 1994”. reappointment. The terms of the initial appointees shall be on a staggered
basis: the full-time chairman shall hold office for a term of four (4) years, the
SEC. 2. Declaration. of Policy – The State shall protect, foster and promote
next two (2) commissioners for three (3) years, and the last two (2)
the right of all citizens to affordable quality education at all levels and shall take
commissioners for two (2) years.
appropriate steps to ensure that education shall be accessible to all. The State
shall likewise ensure and protect academic freedom and shall promote its The commissioners shall hold office until their successors shall have been
exercise and observance for the continuing intellectual growth, the appointed and qualified. Should a member of the Commission fail to complete
advancement of learning and research, the development of responsible and his term, his successor shall be appointed by the President of the Philippines
effective leadership, the education of high-level and middle-level but only for the unexpired portion of the term.
professionals, and the enrichment of our historical and cultural heritage.
SEC. 6. Rank and Emoluments. – The chairman and the commissioners
State-supported institutions of higher learning shall gear their programs to shall have the rank of a Department Secretary and Undersecretary,
national, regional or local development plans. Finally, all institutions of higher respectively. They shall receive the compensation and other emoluments
learning shall exemplify through their physical and natural surroundings the corresponding to those of a Department Secretary and Undersecretary,
dignity and beauty of, as well as their pride in, the intellectual and scholarly respectively, and shall be subject to the same disqualifications.
life.
SEC. 7. Board of Advisers. – There shall be constituted a Board of Advisers
SEC. 3. Creation of the Commission on Higher Education. – In pursuance which shall meet with the Commission at least once a year to assist it in
of the above mentioned policies, the Commission on Higher Education is aligning its policies and plans with the cultural, political and socioeconomic
hereby created, hereinafter referred to as the Commission. development needs of the nation and with the demands of world-class
scholarship.
The Commission shall be independent and separate from the Department of
Education, Culture and Sports (DECS), and attached to the Office of the The Board of Advisers shall be composed of the following:
President for administrative purposes only. Its coverage shall be both public
and private institutions of higher education as well as degree-granting a. the Secretary of Education, Culture and Sports, as chairman;
programs in all post-secondary educational institutions, public and private. b. the Director-General of the National Economic and Development Authority,
SEC. 4. Composition of the Commission. – The Commission shall be as co-chairman;
composed of five (5) full-time members. During the transition period which c. the Secretary of Science and Technology;
begins upon approval of this Act, the President may appoint the Secretary of
Education, Culture and Sports as ex officio chairman of the Commission for a d. the Secretary of Trade and Industry;
maximum period of one (1) year. Thereafter, the President shall appoint a
Chairman of the Commission and four (4) commissioners, who shall be holders e. the Secretary of Labor and Employment;
of earned doctorate(s), who have been actively engaged in higher education f. the President of the Federation of Accrediting Associations of the Philippines
for at least ten (10) years, and must not have been candidates for elective (FAAP); and
positions in the elections immediately preceding their appointment. They shall
g. the President of the Fund for Assistance to Private Education (FAPE). j. direct or redirect purposive research by institutions of higher learning to meet
the needs of agro-industrialization and development;
Two (2) additional members of the Board of Advisers may be appointed by the
President upon recommendation of the Commission. k. devise and implement resource development schemes;
SEC. 8. Powers and Functions of the Commission. -The Commission shall l. administer the Higher Education Development Fund, as described in Section
have the following powers and functions: 10 hereunder, which will promote the purposes of higher education;
a. formulate and recommend development plans, policies, priorities, and m. review the charters of institutions of higher learning and state universities
programs on higher education and research; and colleges including the chairmanship and membership of their governing
bodies and recommend appropriate measures as basis for necessary action;
b. formulate and recommend development plans, policies, priorities and
programs on research; n. promulgate such rules and regulations and exercise such other powers and
functions as may be necessary to carry out effectively the purpose and
c. recommend to the executive and legislative branches, priorities and grants objectives of this Act; and
on higher education and research;
o. perform such other functions as may be necessary for its effective
d. set minimum standards for programs and institutions of higher learning operations and for the continued enhancement, growth or development of
recommended by panels of experts in the field and subject to public hearing, higher education.
and enforce the same;
SEC. 9. The Secretariat. – The Commission shall organize a secretariat
e. monitor and evaluate the performance of programs and institutions of higher which shall be headed by an executive officer, subject to the national
learning for appropriate incentives as well as the imposition of sanctions such compensation and position classification plan. It shall fix the secretariat’s
as, but not limited to, diminution or withdrawal of subsidy, recommendation on staffing pattern, determine the duties, qualifications, responsibilities and
the downgrading or withdrawal of accreditation, program termination or school functions, as well as the compensation scheme for the positions to be created
closure; upon the recommendation of the executive officer. It shall also prepare and
f. identify, support and develop potential centers of excellence in program approve its budget.
areas needed for the development of world-class scholarship, nation building The Commission shall appoint the members of the staff upon the
and national development; recommendation of the executive officer.
g. recommend to the Department of Budget and Management the budgets of SEC. 10. The Higher Education Development Fund. -A Higher Education
public institutions of higher learning as well as general guidelines for the use Development Fund, hereinafter referred to as the Fund, is hereby established
of their income; exclusively for the strengthening of higher education in the entire country.
h. rationalize programs and institutions of higher learning and set standards, a. The Government’s contribution to the Fund shall be the following:
policies and guidelines for the creation of new ones as well as the conversion
or elevation of schools to institutions of higher learning, subject to budgetary 1. the amount of Five hundred million pesos (P500,000,000) as seed capital;
limitations and the number of institutions of higher learning in the province or
region where creation, conversion or elevation is sought to be made; 2. the amount of Fifty million pesos (P50,000,000) for the initial operation of
the Commission;
i. develop criteria for allocating additional resources such as research and
program development grants, scholarships, and other similar 3. the equivalent of forty percent (40%) annual share on the total gross
programs: Provided, That these shall not detract from the fiscal autonomy collections of the travel tax;
already enjoyed by colleges and universities; 4. the equivalent of thirty percent (30%) share of the collections from the
Professional Registration Fee; and
5. the equivalent of one percent (1%) of the gross sales of the lotto operation entities. No academic or curricular restriction shall be made upon private
of the Philippine Charity Sweepstakes Office (PCSO). educational institutions which are not required for chartered state colleges and
universities.
b. Starting Fiscal Year 1995 and every year thereafter, government financing
institutions identified and requested by the Commission may contribute to the SEC. 14. Accreditation. – The Commission shall provide incentives to
Fund an amount equivalent to not less than three percent (3%) but not more institutions of higher learning, public and private, whose programs are
than five percent (5%) of their unimpaired surplus realized during the accredited or whose needs are for accreditation purposes.
immediately preceding year.
SEC. 15. Tax Exemptions. – Any donation, contribution, bequest, and grant
c. The Fund shall have a private portion to be raised from donations, gifts, and which may be made to the Commission shall constitute as allowable deduction
other conveyances including materials, equipment, properties and services by from the income of the donor for income tax purposes and shall be exempt
gratuitous title. from donor’s tax, subject to such conditions as provided under the National
Internal Revenue Code, as amended.
SEC. 11. Management and Administration of the Higher Education
Development Fund. – The Fund shall be administered by the Commission. SEC. 16. Authority. – The Commission shall exercise such authority as may
For sound and judicious management of the Fund, the Commission shall be deemed necessary within its premises or areas of operation to effectively
appoint a reputable government financial institution as portfolio manager of the carry out its powers and functions and to attain its objectives: Provided, That
Fund, subject to the following conditions. the Commission may seek the assistance of other government agencies for
the proper implementation of this Act.
As administrator of the Fund, the Commission shall prepare the necessary
guidelines for its use, subject to the following conditions: SEC. 17. Appropriation. – The amount of Five hundred million pesos
(P500,000,000) is hereby authorized to be appropriated for the seed capital of
a. No part of the seed capital of the Fund, including earnings thereof, shall be the Fund. The additional amount of Fifty million pesos (P50,000,000) is hereby
used to underwrite overhead expenses for administration; authorized to be appropriated out of the funds in the National Treasury not
b. Unless otherwise stipulated by the private donor, only earnings of private otherwise appropriated or out of the Philippine Amusement and Gaming
contributions shall be used for administrative expenses; Corporation (PAGCOR) funds for the initial operation of the Commission.
c. The Commission shall appoint and organize a separate staff, independent The sum equivalent to the appropriations for the current year for the Bureau of
administratively and budgetarily separate from the Commission Secretariat; Higher Education and the degree-granting-programs of the Bureau of
and Technical-Vocational Education, including those for higher and tertiary
education and degree granting vocational and technical programs of the
d. The Fund shall be utilized equitably according to regions and programs. Bureau of Technical-Vocational Education in the regional offices, as well as
parts of the budgetary items under the DECS budget that are concerned with
SEC. 12. The Technical Panels. – The Commission shall reconstitute and/or
higher and tertiary education and degree-granting vocational and technical
organize technical panels for different disciplines/program areas. They shall
programs such as those for personal services, maintenance and other
assist the Commission in setting standards and in program and institution
operating expenses and capital outlay, shall be transferred to the Commission.
monitoring and evaluation. The technical panels shall be composed of senior
specialists or academicians to be appointed by the Commission. Thereafter, the funds necessary shall be included in the General
Appropriations Act.
SEC. 13. Guarantee of Academic Freedom. – Nothing in this Act shall be
construed as limiting the academic freedom of universities and colleges. In SEC. 18. Transitory Provisions. – Such personnel, properties, assets and
particular, no abridgment of curricular freedom of the individual educational liabilities, functions and responsibilities of the Bureau of Higher Education,
institutions by the Commission shall be made except for: (a) minimum unit including those for higher and tertiary education and degree-granting
requirements for specific academic programs; (b) general education vocational and technical programs in the regional offices, under the
distribution requirements as may be determined by the Commission; and (c) Department of Education, Culture and Sports, and other government entities
specific professional subjects as may be stipulated by the various licensing
having functions similar to those of the Commission are hereby transferred to
the Commission.
The Commission shall have the authority to appoint its own personnel.
All regular or permanent employees transferred to the Commission shall not

suffer any loss of seniority or rank or decrease in emoluments. Personnel of
the Bureau of Higher Education not otherwise transferred to the Commission
shall be reassigned by the DECS in any of its offices and bureaus: Provided,
however, That, any employee who cannot be accommodated shall be given
all the benefits as may be provided under existing laws, rules and regulations.
Jurisdiction over DECS-supervised or chartered state-supported post-

secondary degree-granting vocational and technical programs and tertiary
institutions shall be transferred to the Commission.
A transitory body is hereby created which shall be composed of the Secretary

of Education, Culture and Sports (DECS), Chair of the Senate Committee on
Education, Arts and Culture, Chair of the House Committee on Education and
Culture, a representative each of the Association of Christian Schools and
Colleges (ACSC), the Catholic Educational Association of the Philippines
(CEAP), the Philippine Association of Colleges and Universities (PACU), the
Philippine Association of Private Schools, Colleges and Universities
(PAPSCU), the Philippine Association of State Universities and Colleges
(PASUC), and the Philippine Association of Private Technical Institutions
(PAPTI).
The transitory body shall facilitate the complete and full operation of the
Commission which shall not be later than three (3) months after the effectivity
of this Act. It shall likewise, promulgate the rules and regulations necessary to
effectively implement the smooth and orderly transfer to the Commission. The
transition period not exceeding three (3) months shall commence from the
approval of this Act.
SEC. 19. Repealing Clause. -All laws, presidential decrees, executive orders,
rules and regulations or parts thereof which are inconsistent with the provisions
of this Act are hereby repealed or modified accordingly.
SEC. 20. Separability Clause. – If any part or provision of this Act shall be
held unconstitutional or invalid, other provisions hereof which are not affected
thereby shall continue to be in full force and effect.
SEC. 21. Effectivity. – This Act shall take effect upon its approval.

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MEDICAL TECHNOLOGY CODE OF ETHICS PANUNUMPA NG PROPESYONAL

(REVISED ON MARCH 7, 1997) Ako si (PANGALAN) ng (TIRAHAN) ay taimtim na nanunumpa na itataguyod ko at

 EBERS PAPYRUS: medical technology education began when a book for

THE PHILIPPINE ASSOCIATION OF MEDICAL TECHNOLOGISTS, INC. (PAMET, INC.)

1ST: ______________________________ (1964-1967)

4TH: ______________________________ (1971-1973)

IMPORTANT NOTES ON THE MEDICAL TECHNOLOGY WEEK CELEBRATION

5TH: ___________________ (JAN. 1973-SEPT. 1973)

6TH: ______________________________ (1977-1981)

7TH: ______________________________ (1982-1991):

8TH: ______________________________ (1992-1996)

9TH: _____________________________ (1997-2000)

10TH: _____________________________________ (2001-2002; 2005-2006):

11TH: _____________________________ (2003-2004)

12TH: _____________________________ (2007-2013):

13TH: ______________________________ (2013-2015):

14TH: __________________________ (2015-PRESENT):

PHILIPPINE ASSOCIATION OF SCHOOLS OF MEDICAL TECHNOLOGY AND

• IN __________________, _______________________ ______________________

DATE OF ESTABLISHMENT May 13, 1970

PLACE OF ESTABLISHMENT at University of Santo Tomas

1ST APPOINTED PRESIDENT CHARLEMAGNE T. TAMONDONG Dr. Gustavo Reyes

First annual meeting was held at UST on

CARMENCITA ACEDERA WORKED FOR THE CLOSER COORDINATION OF PAMET AND

*PHILIPPINE UNION COLLEGE IS NOW KNOWN AS __________________________________________.

• DATE OF APPROVAL: JUNE 21, 1969

SECTION 3: COUNCIL OF MEDICAL TECHNOLOGY EDUCATION, ITS COMPOSITION

SECTION 7: BOARD OF EXAMINERS FOR MEDICAL TECHNOLOGY

• ONLY THE PRESIDENT MAY APPOINT/REMOVE THEM FROM THE POSITION

LATEST BOARD OF EXAMINERS FOR MEDICAL TECHNOLOGY

CHAIRMAN 1. Dr. Marilyn A. Cabal-Barza

SECTION 10: COMPENSATION OF MEMBERS OF THE BOARD OF EXAMINERS FOR MEDICAL

EACH MEMBER OF THE BOARD SHALL RECEIVE:

SECTION 16: QUALIFICATION FOR EXAMINATION

HISTOPATHOLOGIC TECHNIQUES 10%

OPTIONS FOR REFRESHER COURSE:

SECTION 20: OATH TAKING

SECTION 24: ADMINISTRATIVE INVESTIGATION-REVOCATION OR SUSPENSION OF

SECTION 26: REINSTATEMENT, RE-ISSUE, OR REPLACEMENT OF CERTIFICATES

SECTION 27: FOREIGN RECIPROCITY

SECTION 28: ROSTER OF MEDICAL TECHNOLOGISTS

SECTION 29: PENAL PROVISIONS

SECTION 31: REPEALING CLAUSE

SECTION 32: EFFECTIVITY

1. Examination of tissues, secretions and

Provided, that any person who has

d) Medical Laboratory Technicians – A

SECTION 7 -------------------------------------------- SECTION 7: MEDICAL TECHNOLOGY ------------------------------------------

In case of death, disability, or removal of

SECTION 8 -------------------------------------------- SECTION 8: QUALIFICATION OF SECTION 8: QUALIFICATION OF

5. Is not a member of the faculty of any

(i) To classify and prescribe the

SECTION 17 -------------------------------------------- SECTION 17: SCOPE OF EXAMINATION- ------------------------------------------

Provided, further, that the Board shall

• Free-standing clinical laboratory shall be managed by a c. Microbiology

Cytology – 500 tissues/annum

 DEPARTMENT MEMORANDUM ORDER NO. 2009-0086

 DEPARTMENT ORDER NO. 393 s.2000

AIM: is a professional medical service and not a sale of a commodity;

*NO ISSUANCE: 1994-1996 Fine: 50,000 to 500,000 pesos

*EXTENSION: 1996-1998 LICENSE: VALID FOR 3 YEARS

Blood Center, NVBSP)

PERTINENT LAWS ON BLOOD BANKING

✓ R.A. 1517 : AN ACT REGULATING THE COLLECTION,

• IN ______, _ ____________