CHAPTER 6: THE “PHILIPPINE HIV AND AIDS POLICY ACT” AND ITS IMPLEMENTING RULES AND REGULATIONS
Hiv- originated in Democratic Republic of Congo
-transmitted from chimpanzees to humans (1900)
1984- First case of HIV infection in the Philippines.
1989- HIV testing- Administrative Order No. 57, Series of
1989
Aids
1979- AIDS was first described.
1982- first case of transfusion-associated AIDS in an
infant.
December 3, 1992- PNAC (Philippine National AIDS
Council) was created according to E.O. No. 39, Series of
1992. PNAC provide prevention and control of HIV/AIDS
in the Philippines.
February 13, 1998- R.A. No. 8504 (Philippine AIDS
Prevention and Control Act of 1998) came into law. (first
law) To prevent and control the spread of AIDS.
Reconstituted the PNAC.
R.A. No. 11166
“Philippine HIV and AIDS Policy Act”
Approved and became a law: DECEMBER 20, 2018
- a prevailing law in regulating matters relating to HIV and
AIDS. Also reconstituted the PNAC.
It is a law that:
1. Strengthen the Philippine Comprehensive Policy on
human immunodeficiency virus (HIV) and acquired
immunodeficiency syndrome (AIDS) prevention,
treatment, care, and support.
2. Reconstitute the Philippine National AIDS Council
(PNAC).
3. Repeals R.A. No. 8504
 HIV - a retrovirus that infects cells of immune system
and destroy and impairs cell function. Progressive
deterioration of the immune system leads to
immune deficiency.
 AIDS- a deficiency caused by HIV that makes an
individual susceptible to opportunistic infections.
 OPPORTUNISTIC INFECTIONS- diseased that do NOT
cause illness in persons with healthy immune
system. (ex: tuberculosis)
 HIV TRANSMISSION- transfer of HIV from infected to
uninfected person through:
-unprotected sexual intercourse
-blood transfusion
-sharing contaminated intravenous needles
-during pregnancy
-delivery
-breastfeeding
 Safe Sex Practices- choices and behaviors to reduce
or minimize the risk of HIV transmission.
It includes:
-postponing sexual debut
- non-penetrative sex
- correct and consistent use of male or female
condoms
- minimizing the number of sexual partners
CHAPTER 6: THE “PHILIPPINE HIV AND AIDS POLICY ACT” AND ITS IMPLEMENTING RULES AND REGULATIONS
PNAC “Philippine National AIDS Council”
- agency attached to DOH
- to ensure the implementation of country’s response to
HIV and AIDS situation.
The ff. Agencies and CSOs shall be represented in PNAC:
1. DOH- Department of Health
2. DepEd- Department of Education
3. DOLE- Department of Labor and Employment
4. DSWD- Department of Social Welfare and
Development
5. DILG- Department of Interior and Local Government
6. CSC- Civil Service Commission
7. CHED- Commission on Higher Education
8. NYC- National Youth Commission
9. PIA- Philippine Information Agency
10. DBM- Department of Budget and Management
11. The Chairperson of the Committee on Health and
Demography of the Senate of the Philippines or
his/her representative.
12. The Chairperson of the Committee on Health of the
House of Representatives or his/her assigned proxy.
13-14. Two representatives from organizations of
persons living with HIV and AIDS.
15. One representative from a private organization with
expertise in standard setting and service delivery.
16-21. Six representatives from NGOs working for the
welfare or identified key populations.
Memorize these agencies mga bugoks!!!
PNAC members shall be appointed by the President of
the Philippines. Heads of gov. agencies shall not lower
that an Assistant Secretary or its equivalent.
SECRETARY OF HEALTH- permanent Chairperson of the
PNAC.
CSOs members- term of three years for maximum of two
consecutive terms.
The PNAC shall perform the ff. Functions:
1. Develop the AIDS Medium Term Plan (AMTP)
2. Ensure the operationalization and implementation of
AMTP
3. Strengthen the collaboration between government
agencies and CSOs.
4. Develop and ensure the implementation of the
guidelines and policies.
5. Monitor the progress of response to HIV and AIDS
situation.
6. Monitor the implementation of AMTP.
7. Mobilize sources of funds for the AMTP.
8. Mobilize members to conduct monitoring and
evaluation of HIV-related programs, policies, and services.
9. Coordinate, organize, and work in partnership with
foreign and international organizations.
10. Advocate for policy reforms to congress and other
government agencies.
11. Submit an annual report to the office of the President,
Congress, and members of the Council.
12. Identify gaps in national response.
13. Recommend policies and programs.
“The country’s response to HIV and AIDS situation shall
be anchored on the principle of human rights and
human dignity”.
Coverage of the information, education, and
communication campaign of PNAC
PNAC seeks to address the ff. topics:
1) Prevention Program
CHAPTER 6: THE “PHILIPPINE HIV AND AIDS POLICY ACT” AND ITS IMPLEMENTING RULES AND REGULATIONS
2) Education in learning institutions
3) Education of parents and guardians
4) Education as right to health and information
5) HIV and AIDS information as a health service
6) Education in the workplace
7) Education for Filipinos going abroad
8) Information for tourists and transients
9) Education in communities
10) Education for key populations and vulnerable
communities
11) Information on phrophylactics
12) Misinformation on HIV and AIDS
 Workplace- office, premises, or work site for workers
employed.
 Vulnerable Communities- groups suffer from
unequal opportunities, social exclusion, and political
conditions that increase HIV and AIDS infections.
 Key Affected Populations- groups/persons with
higher risk of HIV exposure or affected groups.
 Prophylactic- agent or device to prevent
transmission of infection.
Preventive Measures for HIV:
1. Creation of rights-based and community-led
behavior modification programs among PLHIVs
(People Living with HIV)
2. Establishments and enforcement of right-based
mechanisms.
3. Establishment of standard precautionary measures
in public and private health facilities.
4. Accessibility of ART (Antiretroviral Therapy) and
management of opportunistic infections.
5. Mobilization of communities of PLHIV for public
awareness and stigma reduction activities.
6. Establishment of comprehensive human rights and
evidence-based policies, programs, and approaches
to reduce transmission of HIV.
Guidelines and standard precautions for the donation of
blood, tissues, and organs:
1. All donated blood shall be subjected to HIV Testing.
2. Donations of tissue or organ, whether gratuitous/
simple donation (given for free of charge/ mere
liberty or generosity) or onerous (burdened with
charges or future services) shall be accepted after
donor has been tested negative for HIV.
3. All donors whose blood, tissue/s, or organ/s test
positive shall be deferred from donation, notified of
their HIV status, counseled, and referred for care and
clinical management ASAP.
4. Donations of blood, tissue, or organ that test
positive for HIV may be accepted FOR RESEARCH
PURPOSES ONLY and subject to strict sanitary
disposal requirements.
5. A second test may be demanded before transfusion
or transplant, except during emergency cases.
 Donation- an act of liberty where a person
gratuitously of a thing or right in favor of another,
who accepts it
CHAPTER 6: THE “PHILIPPINE HIV AND AIDS POLICY ACT” AND ITS IMPLEMENTING RULES AND REGULATIONS
 Under R.A, No. 7719, once a blood unit has been
tested or screened by blood centers, it shall not be
retested.
NATURE OF CONSENT UNDER RA NO. 11166
Lawful consent to HIV testing of donated human body
organ, tissue, or blood shall be considered as having
been given when:
1. A person volunteers or freely agrees to donate for
transfusion, transplantation, or research.
2. A legacy and a donation are executed in accordance
to Section 3 and 4 of R.A. No. 7170 (Organ Donation
Act of 1991).
The HIV/AIDS law provides for two types of consent or
waiver:
1. Express Consent (express waiver)- written consent
from the person taking the test must be obtained before
HIV testing. (Section 29)
2. Implied consent (implied waiver)- consent was
indirectly given by reason to operation of law (such as in
the voluntary act of donation). (Section 27)
 Informed consent- voluntary agreement of a person
to undergo procedure, whether permission is written
or verbally.
WHO CAN GIVE CONSENT:
 “Evolving Capacities of the Child”- a child/person
who is 15 to below 18 years old, consent to
voluntary testing obtained by him/her without the
parents’ or guardian’s consent. It is enshrined in
Article 5 of the Convention on the rights of the Child
(cognitive abilities and capacity for self-
determination of children as they grow up).
 “Mature Minor Doctrine” or Gillick Principle/Gillick
Competence (1986 by English House of Lords)- legal
principle for some minors to consent independently
to medical procedures, where they have been
assessed by qualified heath professionals to make
decisions on their own.
Under the Mature Minor Doctrine, minor refers to:
1. A child who is less than 15 years of age
2. A young person who is pregnant or engaged in high-
risk behavior.
3. a person who is duly assisted by a licensed social or
health worker at the time of testing.
In securing the consent of a person, theh ff. guidelines
must be observed:
1) Person 15 below 18 years of age needs consent from
him/her without the need of parent or guardians
consent. (according to the Principle of the Evolving
Capacities of the Child)
2) Person below 15 y/o and is pregnant/ engaged in
high-risk behavior must be eligible for HIV testing
and counseling, provided that the minor is duly
assisted by a licensed social/health worker. (based
on Mature Minor Doctrine)
-under MMD “the parental right to determine whether or
not their minor child below the age of 16 will have
medical treatment terminates if and when the child
achieves sufficient understanding and intelligence to
understand fully what is proposed”.
- High-risk behavior- a person’s involvement in certain
activities that increase the risk of transmitting or
acquiring HIV.
CHAPTER 6: THE “PHILIPPINE HIV AND AIDS POLICY ACT” AND ITS IMPLEMENTING RULES AND REGULATIONS
3) Consent to voluntary HIV testing is obtained from a
child’s parent or legal guardian if the person is below
15 years of age or is mentally incapacitated.
HIV TESTING- any facility-based, mobile medical
procedure, or community-based screening modalities to
determine the presence/absence of HIV in person’s body.
- it is confidential, voluntary in nature, and must be
accompanied by counseling prior to and after the test,
and carried out only with the informed consent of the
person.
 HIV-negative- absence of HIV/HIV antibodies upon
testing.
 HIV-positive- presence of HIV infection as confirmed
by the HIV/HIV antibodies present in the sample
tested
HIV testing may be voluntary or compulsory.
 Voluntary HIV testing- testing done on an individual
who willingly submits to such test after having
undergone pre-test counseling.
 Compulsory HIV testing- occurs when the test is
imposed upon an individual without consent, and
utilizes force or intimidation, requiring the test a
prerequisite for employment, and other
circumstances when an informed choice is absent.
As a general rule, compulsory HIV testing is prohibited
by law. Any person who compels someone to undergo
HIV testing without his/her consent is considered a
CRIMINAL ACT.
As an exception to this rule, compulsory HIV shall
allowed only in the ff. instances:
1. When it’s necessary to test a person charged with
any of the offenses under:
(both of Act No. 3815 (The Revised Penal Code) as
amended, and as also amended by R.A. No. 8553 (The
Anti-Rape Law of 1997).
 Article 264 and 266- serious and slight physical
injuries. Injurious Substance is potentially
deleterious to the human body and is incurable.
 Article 335 and 338- rape and simple seduction
2. When it’s necessary to resolve relevant issues under
E.O. No. 209 (The Family Code of the Philippines).
HIV may be a ground for the annulment of marriage.
3. As a prerequisite in the donation of blood under R.A.
No. 7170 (Organ Donation Act of 1991), and R.A. No.
7719 (National Blood Services Act of 1994). HIV
testing for donated blood under this acts are
compulsory in nature.
HIV testing covers two aspects:
 Screening test- initial serologic test performed to
determine the presence of antibodies against HIV
1 and HIV 2. It includes:
 Enzymes Immunoassay (EIA)
 Particle Agglutination Test (PA)
 Rapid Immunoassays
 Other screening tests for HIV antibody
 Confirmatory test- test performed on samples
reactive to the screening test to ensure if results are
true positive. It includes:
 Western Blot (WB)
 Line Immunoassay (LIA)
 Immunofluorescence Assay (IF)
 Polymerase Chain Reaction (PRC)
 Rapid HIV Diagnostic Algorithm (rHIVda)-
used at present as DOH recommended for
new confirmatory testing in the Philippines.
CHAPTER 6: THE “PHILIPPINE HIV AND AIDS POLICY ACT” AND ITS IMPLEMENTING RULES AND REGULATIONS
Reactive samples are referred for confirmatory testing to
NRL-SACCL/SLH (National Reference Laboratory -
STD/AIDS Cooperative Central Laboratory of the San
Lazaro Hospital).
Reactive samples for blood units/blood donors are
turned over for confirmatory testing to the NRL-RITM
(National Reference Laboratory - Research Institute for
Tropical Medicine).
HIV testing laboratory should have a:
-licensed Medical Technologist with training in HIV
proficiency testing certified by the NRL-SACCL/SLH.
-HIV proficiency is valid for THREE YEARS.
 HIV counseling- interpersonal and dynamic
communication process between a client and a
trained counselor:
 bound by a code of ethics and practice to
resolve
 personal, social, or psychological problems and
difficulties
 objective in counseling
 In the context of an HIV diagnosis
 To encourage the client address his/her anxiety
and stress
 Plan for the future (keeping healthy)
Two phases of HIV counseling:
 Pre-test counseling -the process of:
 providing an individual with information on the
biomedical aspects of HIV/AIDS
 Emotional support for any psychological
implications of undergoing HIV testing
 The test result itself before the individual is
subjected to the test.
 Post-test counseling- the process of:
 Providing risk-reduction information
 Emotional support who submits to HIV testing at
the time of the result is released.
Proper counseling shall be conducted by a social worker,
health care provider, or other health-care professionals
accredited by the DOH/DSWD.
ANTI-RETROVIRAL THERAPY (ART)
-treatment that stops or suppresses the replication of
retroviruses (HIV), thereby slowing the progression of
infection.
The Law mandated the DOH to establish a program that
will provide free and accessible ART and medication for
opportunistic infections to all PLHIVs who are enrolled in
the program.
 Treatment hubs- private and public hospitals or
medical establishments accredited by the DOH to
have the capacity and facilities to provide treatment
and care services to PLHIV. It includes:
 Pre-exposure prophylaxis -the use of prescription
drugs as strategy for the prevention of HIV infection
by people who do not have HIV and AIDS.
 Post-exposure prophylaxis -a preventive medical
treatment started immediately after exposure to a
pathogen (HIV) to prevent infection and the
development of disease.
MEDICAL CONFIDENTIALITY
CHAPTER 6: THE “PHILIPPINE HIV AND AIDS POLICY ACT” AND ITS IMPLEMENTING RULES AND REGULATIONS
-the core duty of medical practice where the patient’s
information and his health is status is kept private and is
not divulged to third parties.
-applies to attending physician, consulting medical
specialist, nurses, medical technologists, and all other
health workers and personnel involved.
The following acts violate confidentiality and privacy:
1. Disclosure of confidential HIV and AIDS information
without written consent of the PLHIV.
2. Media disclosure without written consent of the
PLHIV.
3. When a PLHIV violated Section 4(a) of R.A. No.
10175 (Cybercrime Prevention Act of 2012) and
Section 25 of R.A. No. 10173 (Data Privacy Act of
2012).
General Rule: any unauthorized disclosure of patient’s
identity or information is considered a crime.
As an exception, HIV and AIDS information shall be
released without consent if:
1) Compliance with reportorial requirements of the
national active passive surveillance system of the
DOH.
2) Informing other health workers directly involved in
the treatment or care of a PLHIV.
3) Responding to subpoenas.
 Subpoena duces tecum- to produce and present
documents
 Subpoena ad testificandum- directed to testify on
maters relating to HIV status of a person.
To fall under this exception, the following requisites must
be present:
1. A subpoena issued by the court.
2. Jurisdiction over a legal proceeding where the main
issue is the HIV status of an individual.
3. Confidential medical record must have been verified
for accuracy by the head of the office or department.
4. Confidential medical record shall remain anonymous
and unlinked.
5. Record shall be properly sealed by its lawful
custodian.
6. Record shall be hand delivered to the court.
7. Record shall be personally opened by the judge.
8. Judicial proceedings shall be held in executive
session.
PARTNER NOTIFICATION
- the process by which the “index client”, “source”, or
“patient” who has a sexually transmitted infection (STI),
including HIV, is given support to notify and advise the
partner who have been exposed to infection.
DISCRIMINATION
-unfair or unjust treatment that distinguishes, excludes,
restricts, or shows preferences based on any grounds
such as:
CHAPTER 6: THE “PHILIPPINE HIV AND AIDS POLICY ACT” AND ITS IMPLEMENTING RULES AND REGULATIONS

 Sex - any severe or repeated use by one or more persons of a

 Gender written,, verbal, or electronic expression, pr a physical
 Age act/gesture,or any combination that causes fear of
 Sexual orientation physical or emotional harm/damage to one’s property,
 Gender identity and expression infringing on the rights of another person. A form of
 Economic status discrimination.
 Disability
 HIV status The ff. Discriminatory acts and practices shall be
whether actual or perceived, and which has the purpose prohibited:
or effect of nullifying or impairing the recognition, 1. Discrimination in the workplace.
enjoyment, or exercise by all persons similarly situated, of 2. Discrimination in learning institutions.
all their rights and freedoms. 3. Restriction on travel and habitation.
-R.A. No. 11166 definition of discrimination 4. Restrictions on shelter.
 Gender expression- a person communicates gender 5. Prohibition from seeking or holding public office
identity to others through behavior, clothing, 6. Exclusion from credit and insurance services.
hairstyles, communication or speech pattern, or 7. Discrimination in hospitals and health institutions.
body Characteristics. 8. Denial of burial services.
 Gender identity- personal sense of identity as 9. Act of bullying.
characterized among others(masculine/feminine; 10. Other similar or analogous discriminatory acts.
male/female)
 Sexual orientation- direction of emotional, sexual
attraction, or conduct towards people of the same
sex (homosexual orientation), people of both sexes
(bisexual orientation), or people of the opposite sex Prohibited acts under R.A. No. 11166:
(heterosexual orientation), or absence of sexual 1) Any person who commits the prohibited act on
attraction (asexual orientation) misinformation on HIV and AIDS.
-imprisonment: 1 year but not more than 10 years
STIGMA -fine: 50,000.00 - 500,000.00
- dynamic devaluation and dehumanization of an 2) Any person who violates the police operations vis-a-
individual in the eyes of others. A discreditable or vis comprehensive health intervention = for key
unworthy and which results in discrimination when acted populations.
upon. -imprisonment: 1 year to 5 years
-fine: 100,000.00 - 500,000.00
BULLYING
CHAPTER 6: THE “PHILIPPINE HIV AND AIDS POLICY ACT” AND ITS IMPLEMENTING RULES AND REGULATIONS

3) Any person who knowingly causes another to get 7) Any person who shall violate any of the provisions on
infected with HIV through unsafe and unsanitary Section 49 on discriminatory acts and practices.
practice and procedure, or who compelled someone -imprisonment: 6 months - 5 years
to undergo HIV testing without his/her consent. -fine: 50,000.00 - 500,000.00 and without prejudice of
-imprisonment: 6 - 12 years without prejudice to the administrative sanctions such as fines, suspensions, or
imposition of fines and administrative sanctions. revocation of business permit/license/accreditation, and
4) Any person who violates the protection of HIV and professional license.
AIDS service provides from harassment. 8) Any person who obtained knowledge of confidential
-imprisonment: 6 months - 5 years HIV and AIDS information and uses it to malign or
-fine: 100,000.00 - 500,000.00 cause damage injury, or loss to another person shall
5) Any person, natural or juridical, who violates the face liability (under Articles 19,20,21, and 26 of the
provisions on health insurance and similar services. new Civil Code of the Philippines and relevant
- imprisonment: 6 months - 5 years provisions of R.A. No. 10173 (Data Privacy Act of
-fine: not less than 50,000.00 and without prejudice of 2012).
administrative sanctions such as fines, suspensions, or -imprisonment and fines shall be imposed by responsible
revocation of business permit/license/accreditation, and officers and employees.
professional license.
6) Any person who violates the provisions on
confidentiality:
a. Any person who breaches confidentiality
-imprisonment: 6 months - 2 years
-fine: 50,000.00 - 150,000.00
b. Any person who causes mass dissemination of
the HIV status of a person (spreading online or
making statements to media).
-imprisonment: 2 years & 1 day - 5 years
-fine: 150,000.00 - 350,000.00
c. Any health professional, medical instructor,
worker, employer, recruitment agency,
insurance company, data encoder, and others
engaged in confidentiality/data.
-imprisonment: 5 years & 1 day - 7 years
-fine: 350,000.00 - 500,000.00