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Republic Act No. 7885

February 20, 1995 (https://www.officialgazette.gov.ph/1995/02/20/republic-act-no-7885/)

H. No. 13361
S. No. 1996

Republic of the Philippines

Congress of the Philippines
Metro Manila

Third Regular Session

Begun and held In Metro Manila, on Monday, the twenty-fifth day of July, nineteen hundred and ninety-four.

[REPUBLIC ACT NO. 7885]

AN ACT TO ADVANCE CORNEAL TRANSPLANTATION IN THE PHILIPPINES, AMENDING FOR THE

PURPOSE REPUBLIC ACT NUMBERED SEVEN THOUSAND ONE HUNDRED AND SEVENTY (R. A. NO.
7170), OTHERWISE KNOWN AS THE ORGAN DONATION ACT OF 1991

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

SECTION 1.  Section 9 of Republic Act No. 7170 is hereby amended to read as follows:

“SEC. 9. Manner of Executing a Donation. – Any donation by a person authorizing under subsection (a) of
Section 4 hereof shall be sufficient if it complies with the formalities of a donation of a movable property.

“In the absence of any persons specified under Section 4 hereof and in the absence of any document of
organ donation, the physician in charge of the patient, the head of the hospital or a designated officer of
the hospital who has custody of the body of the deceased classified as accident, trauma, or 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 the
hospital or officer designated by the hospital for this purpose has exerted reasonable efforts, within forty-
eight (48) hours, to locate the nearest relative listed in Section 4 hereof or guardian of the decedent at the
time of death: Provided, however, That the said physician, head or designated officer of the hospital, or the
medico-legal officer of any government agency which has custody of such body may authorize the
removal of the cornea or corneas of the decedent within twelve (12) hours after death and upon the
request of qualified legatees or donees for the sole purpose of transplantation: Provided, That such
removal of the cornea or corneas will not interfere with any subsequent investigation or alter the post-
mortem facial appearance of the decedent by such means as placing eye caps after the said cornea or
corneas have been removed.

“In all donations, the death of a person from whose body and organ will be removed after his death for the
purpose of transplantation to a living person, shall be diagnosed separately and certified by two (2)
qualified physicians neither of whom shall be:

“(a) A member of the team of medical practitioners who will effect the removal of the organ from the
body, nor

“(b) The physician attending to recipient of the organ to be removed; nor

“(c) The head of hospital or the designated officer authorizing the removal of the organ.”

SEC. 2. Section 10 of Republic Act No. 7170 is also amended to read as follows:

“SEC. 10. Person(s) Authorized to Remove and Transplant Organs and Tissues. – Only authorized medical
practitioners in a hospital shall remove and/or transplant any organ which is authorized to be removed
and/or transplanted pursuant to Section 5 hereof: Provided, however, that the removal of corneal tissues
shall be performed only by ophthalmic surgeons and ophthalmic technicians trained in the methodology
of such procedure and duly certified by the accredited National Association of Ophthalmologists.”

SEC. 3. The implementing rules and regulations of Republic Act No. 7170 shall be amended accordingly
by the Secretary of Health, in consultation with professional health groups and non-government health
organizations, to make it consistent with the provisions of this Act.

SEC. 4. The provisions of this Act are hereby declared separable, and in the event any such provisions is
declared unconstitutional, the other provisions not affected thereby shall remain in force and effect.

SEC. 5. All other laws, decrees, executive orders, administrative orders, rules and regulations or parts
thereof which are inconsistent with the provisions of this Act are hereby repealed, amended or modified
accordingly.

SEC. 6. This Act shall take effect upon its approval.

Approved,

(Sgd.) JOSE DE VENECIA, JR.

(Sgd.) EDGARDO J. ANGARA
Speaker of the House
President of the Senate
of Representatives

This Act which is a consolidation of Senate Bill No. 1996 and House Bill No. 13361, was finally passed by
the House of Representatives and the Senate on February 13, 1995 and February 15, 1995, respectively.
 (Sgd.) CAMILO L. SABIO
(Sgd.) EDGARDO E. TUMANGAN
Secretary General


Secretary of the Senate
House of Representatives

Approved: FEB 20 1995

(Sgd.) FIDEL V. RAMOS

President of the Philippines

Source: Presidential Management Staff

RESOURCES

[PDF] Republic Act No. 7885, February 20, 1995

(http://www.officialgazette.gov.ph/downloads/1995/02feb/19950220-RA-7885-FVR.pdf)

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