Philippine National AIDS Council

At the end of the module, the participants

should be able to:
 understand the significance of the law in
the campaign to halt the spread of the
disease;
 gain a better grasp of the key features of
R.A. 8504; and

 know the penalties imposed for

prohibited acts.
Philippine National AIDS Council
 Complete Title
An Act Promulgating Policies and
Prescribing Measures for the
Prevention and Control of HIV/AIDS in
the Philippines, Instituting a
Nationwide HIV/AIDS Information and
Educational Program, Establishing a
Comprehensive HIV/AIDS Monitoring
System, Strengthening the Philippine
National AIDS Council, and for other
Purposes

Philippine National AIDS Council

▲ Dec. 3, 1992: Issuance of E.O. 39, which
created the PNAC

▲ Feb. 13, 1998: Enactment of R.A. 8504

▲ April 13, 1999: Promulgation of the

Implementing Rules and Regulations of
R.A. 8504

Philippine National AIDS Council

♠ Acquired Immune Deficiency
Syndrome (AIDS) is a disease
that recognizes no territorial,
social, political and economic
boundaries, and has no known
cure up to this day;

♠ The gravity of the AIDS threat

demands strong state action.

Philippine National AIDS Council

♠ Promotion of public awareness thru a
comprehensive nationwide educational
& information campaign;

♠ Full protection of the human rights and

civil liberties of every person suspected
or known to be infected with HIV & AIDS;

Philippine National AIDS Council

♠ Promotion of utmost safety and
universal precautions;
♠ Positively addressing and seeking to
eradicate conditions that aggravate the
spread of HIV infection; and
♠ Participation of affected individuals in the
educational and information campaign.

Philippine National AIDS Council

♠ Elementary pupils should be provided with
information on STI, HIV, and AIDS.
♠ All employers should provide all their employees
and workers with information on STI, HIV & AIDS.
♠ PLHIVs cannot run for an elective position.

♠ All PLHIVs should be isolated.

♠ All deceased PLHIVs should be cremated

immediately.

Philippine National AIDS Council

♠ HIV status could be the basis for non-hiring of a
prospective employee or the termination of an
employee.
♠ The HIV status of a patient should be disclosed to
all hospital staff.
♠ A medical personnel has the right to deny services
to a PLHIV.
♠ It is the responsibility of the PLHIV to disclose
his/her status to his/her partner.
♠ The government should provide condoms to
prevent the spread of HIV.

Philippine National AIDS Council

Article I ♠ Education and Information
Article II ♠ Safe Practices and Procedures
Article III ♠ Testing, Screening, and Counseling
Article IV ♠ Health and Support Services
Article V ♠ Monitoring
Article VI ♠ Confidentiality
Article VII ♠ Discriminatory Acts and Policies
Article VIII ♠ The PNAC

Philippine National AIDS Council

♠ Parents, students, teachers, and school
officials
♠ Health practitioners, health workers, &
personnel
♠ Clients of health practitioners, health
workers and personnel, whether in-
patient or out-patient
Philippine National AIDS Council
♠ Employers and their employees, whether in
the private or government sector
♠ Filipinos going abroad
♠ Tourists and transients
♠ Communities
♠ Those who have a relatively higher risk
of acquiring or transmitting HIV

Philippine National AIDS Council

♣ Schools (public and private), training centers,
non-formal and indigenous learning systems
♣ Hospitals, clinics, and other health institutions
♣ Workplace (private and public)
♣ Pre-Departure Orientation Seminar for
Filipinos going overseas
♣ International ports of entry and exit
♣ Local communities

Philippine National AIDS Council

● Definition of HIV and AIDS
● Causes & Modes of Transmission
● Consequences of Infection
● Means of Prevention

Philippine National AIDS Council

► Misleading or deceptive advertisement
claiming temporary or permanent cure
► Promotional marketing of drugs, devices,
agents, or procedures without approval
from the Food and Drugs Administration
► Inaccurate lab data, statistics, and
scientific data from doubtful sources

Philippine National AIDS Council

► It is the observation of
general safety measures for
the prevention of infection in
the health care setting.

Philippine National AIDS Council

● Universal precaution should be practiced
for surgery, dental work, embalming,
tattooing, etc.
● Donated blood, tissue, and organs should
be tested for HIV

Philippine National AIDS Council

♠ Compulsory HIV testing is
STRICTLY PROHIBITED.
♠ HIV testing should be voluntary
and with consent.

Philippine National AIDS Council

a) Upon court order when the person is
charged with any of the following crimes:
administering injurious substances, rape,
qualified seduction, and simple seduction
b) When complying with the provisions of
R.A. No. 7170, or the “Organ Donation Act”
c) When complying with R.A. 7719, or the
National Blood Services Act

Philippine National AIDS Council

Exceptions to the Prohibition on
Mandatory testing

d) Upon court order when the determination of

one’s HIV status is necessary to resolve
relevant issues under the Family Code
(ex. Annulment of marriage on the ground of concealment
of STI existing at the time of the marriage; or on the ground
that one of the parties was afflicted with an STI found to be
serious & apparently incurable)

Philippine National AIDS Council

♠ A person volunteers or freely agrees to
donate his/her blood, organ, or tissue
for transfusion, transplantation, or
research;
♠ A donation is executed in accordance with
Section 4 of R.A. 7170 (Organ Donation
Act)

Philippine National AIDS Council

♠ All testing centers are required to
provide pre- and post-test counseling
♠ Only qualified personnel are allowed
to provide pre- and post-test
counseling

Philippine National AIDS Council

 The person who was tested
 The parent or legal guardian of a minor
who was tested
 The legal guardian of an insane person

Philippine National AIDS Council

 Person authorized to receive test
results for the National AIDS Registry

 Justice of the Court of Appeals or the

Supreme Court in cases falling under
Sec. 17 of the law

Philippine National AIDS Council

● Basic hospital-based services for PLHIVs
● Community-based prevention and care
services for PLHIVs and MARPs
● Livelihood programs and trainings for all
PLHIVs
● Prevention and control program for STI
to help contain the spread of HIV infection
● Package of insurance benefits for PLHIVs

Philippine National AIDS Council

 Why do we have to monitor
HIV and AIDS?
► To evaluate the adequacy and
efficacy of countermeasures

► To determine the magnitude and

progression of HIV and AIDS in our
country

Philippine National AIDS Council

 Institutionalizing the National
AIDS Registry
 Reporting all cases in hospitals,
clinics, laboratories and accredited
testing centers
 Ensuring the anonymity of those
tested
Philippine National AIDS Council
Philippine National AIDS Council
♠ When complying with requirements for
monitoring procedures
♠ When informing other health workers
directly involved or about to be involved
in the treatment or care of a PLHIV
♠ When responding to the formal process
issued by the court with jurisdiction over
a legal proceeding where the main issue
is the HIV status of an individual
Philippine National AIDS Council
Philippine National AIDS Council
For Misleading Information:
► Imprisonment from 2 months to 2
years without prejudice to the
imposition of administrative sanctions
such as fines and suspension, or
revocation of professional or
business license

Philippine National AIDS Council

For Unsafe Practices & Procedures
► Imprisonment for 6 to 12 years without
prejudice to the imposition of
administrative sanctions such as fines and
suspension or revocation of professional
license
► Cancellation or withdrawal of permit to
operate business entity or accreditation of
hospital, laboratory or clinic
Philippine National AIDS Council
For Violating Confidentiality
► Imprisonment for 6 months to 4 years
without prejudice to the imposition of
administrative sanctions such as fines and
possible revocation of professional license

Philippine National AIDS Council

For Discriminatory Acts
► Imprisonment for 6 months and a fine not
exceeding P10,000
► Revocation of licenses or permits of
schools, hospitals, and other institutions
guilty of discrimination

Philippine National AIDS Council

Philippine National AIDS Council
♦ 17 Government
Organizations
(GOs)
♦ Representatives
from 6 Non-
Government
Organizations
(NGOs)
♦ Representatives
from 2
Medical/Health
Professional
groups
♦ A representative of
PLHIVs
Guided by the twin principles that HIV
and AIDS can affect anyone and
remains incurable & that the
government should act to deal with
the threat of an epidemic, R.A. 8504 is
the policy backbone of all HIV and
AIDS programs in the country.

Philippine National AIDS Council

R.A. 8504 mandates the following:
► Strict prohibition on compulsory HIV testing
► Strict medical confidentiality in the handling of
medical records of PLHIVs or those who get tested
for HIV
► Prohibition on certain acts and policies that
discriminate against PLHIVs & the imposition of
corresponding penalties for violations
► Eradication of conditions that fuel the spread of HIV
► Monitoring of the epidemic to determine its
magnitude & progression to inform the country
response
► PNAC functions, jurisdiction & composition
Philippine National AIDS Council
Philippine National AIDS Council
Philippine National AIDS Council