THE MEDICAL ACT OF 1959 (b) To determine and prescribe requirements for minimum physical

facilities of colleges of medicine, to wit: buildings, including

ARTICLE I hospitals, equipment and supplies, apparatus, instruments,
Objectives and Implementation appliances, laboratories, bed capacity for instruction purposes,
operating and delivery rooms, facilities for out-patient services, and
others, used for didactic and practical instructions in accordance
Section 1. Objectives. This Act provides for and shall govern (a) the
with modern trends;
standardization and regulation of medical education; (b) the examination
for registration of physicians; and (c) the supervision, control and regulation
of the practice of medicine in the Philippines. (c) To determine and prescribe the minimum number and the
minimum qualifications of teaching personnel, including student-
teacher ratio and curriculum;
Section 2. Enforcement. For the purpose of implementing the provisions of
this Act, there are created the following agencies: the Board of Medical
Education under the Department of Education, and the Board of Medical (d) To determine and prescribe the number of students who should
Examiners under the Commissioner of Civil Service. be allowed to take up the preparatory course taking into account
the capacity of the different recognized colleges of medicine.
ARTICLE II
The Board of Medical Education Its Functions (e) To select, determine and approve hospitals or some departments
of the hospitals for training which comply with the minimum specific
physical facilities as provided in subparagraph (b) hereof: and
Section 3. Composition of Board of Medical Education. The Board of Medical
Education shall be composed of the Secretary of Education or his duly
authorized representative, as chairman, and the Secretary of Health or his (f) To promulgate and prescribe and enforce necessary rules and
duly authorized representative, the Director of the Bureau of Private Schools regulations for the proper implementation of the foregoing
or his duly authorized representative, the chairman of the Board of Medical functions.
Examiners or his duly authorized representative, a representative of private
practitioners, upon recommendation of an acknowledged medical Section 6. Minimum required courses. Students seeking admission to the
association and a representative chosen by the Philippine Association of medical course must have a bachelor of science or bachelor of arts degree
Colleges and Universities, as members. or their equivalent and must have taken in four years the following subjects
with their corresponding number of units:
The officials acting as chairman and members of the Board of Medical
Education shall hold office during their incumbency in their respective Unit
positions.
English 12
Section 4. Compensation and traveling expenses. The chairman and Latin 3
members of the Board of Medical Education shall not be entitled to any
compensation except for traveling expenses in connection with their official Mathematics, including Accounting and
9
duties as herein provided. Statistics
Philosophy, including Psychology and Logic 12
For administrative purposes, the Board shall hold office in the office of its
Zoology and Botany 15
chairman, who may designate a ranking official in the Department of
Education to serve as secretary of the Board. Physics 8
Chemistry 21
Section 5. Functions. The functions of the Board of Medical Education shall
be: Library Science 1
Humanities and Social Sciences 12
(a) To determine and prescribe minimum requirements for
admission into a recognized college of medicine;
Twelve units of Spanish shall be required pursuant to Republic Act Opthalmology, Otology, Rhinology and Laryngology
Numbered Seven hundred nine; but commencing with the academic year
nineteen hundred sixty to nineteen hundred sixty-one, twenty-four units of Pediatrics
Spanish shall be required pursuant to Republic Act Numbered Eighteen
hundred and eighty-one as cultural, social and nationalistic studies.
Obstetrics

Provided, That the following students may be permitted to complete the

Surgery
aforesaid preparatory medical course in shorter periods as follows:

Preventive Medicine and Public Health

(a) Students whose general average is below eighty-five per cent
but without any grade of failure or condition may be allowed to
pursue and finish the course in three academic years and the Legal Medicine, including Medical Jurisprudence and Ethics.
intervening summer sessions; and
Section 7. Admission requirements. The medical college may admit any
(b) Students whose general average is eighty-five per cent or over student to its first year class who has not been convicted by any court of
may be permitted to finish the course in three academic years by competent jurisdiction of any offense involving moral turpitude, and who
allowing them to take each semester the overload permitted to presents (a) a certificate showing completion of a standard high school
bright students under existing regulations of the Bureau of Private course, (b) a record showing completion of a standard preparatory medical
Schools. course as herein provided, (c) a certificate of registration as medical
student, (d) a certificate of good moral character issued by two former
professors in the pre-medicine course, and (e) birth certificate and marriage
Provided, That upon failure to maintain the general average of eighty-five
certificate, if any. Nothing in this Act shall be construed to inhibit any college
per cent, students under (b) shall automatically revert to the category of
of medicine from establishing, in addition to the preceding, other entrance
students under (a) and those under (a), upon having any grade of failure or
requirements that may be deemed admissible.
condition, shall automatically revert to the category of students required to
pursue the preparatory course in four years mentioned above.
For the purposes of this Act, the term "College of Medicine" shall mean to
include faculty of medicine, institute of medicine, school of medicine or other
The medical course shall be at least five years, including not less than eleven
similar institution offering a complete medical course leading to the degree
rotating internship in an approved hospital, and shall consist of the following
of Doctor of Medicine or its equivalent.
subjects:

Every college of medicine must keep a complete record of enrollment,

Anatomy
grades and turnover, and must publish each year a catalogue giving the
following information:
Physiology
1. Date of publication
Biochemistry and Nutrition
2. Calendar for the academic year
Pharmacology
3. Faculty roll indicating whether on full time part time basis
Microbiology
4. Requirements of admission
Parasitology
5. Grading system
Medicine and Therapeutics
6. Requirements for promotion
Genycology
 7. Requirements for graduation
8. Medical hours per academic year by departments
9. Schedule hours per academic year by departments
10. Number of students enrolled in each class.
ARTICLE III
THE BOARD OF MEDICAL EXAMINERS; REGISTRATION OF
PHYSICIANS
Section 8. Prerequisite to the practice of medicine. No person shall engage
in the practice of medicine in the Philippines unless he is at least twenty-
one years of age, has satisfactorily passed the corresponding Board
Examination, and is a holder of a valid Certificate of Registration duly issued
to him by the Board of Medical Examiners.
Section 9. Candidates for board examination. Candidates for Board
examinations shall have the following qualifications:
(1) He shall be a citizen of the Philippines or a citizen of any foreign
country who has submitted competent and conclusive documentary
evidence, confirmed by the Department of Foreign Affairs, showing
that his country's existing laws permit citizens of the Philippines to
practice medicine under the same rules and regulations governing
citizens thereof;
(2) He shall be of good moral character, showing for this purpose
certificate of civil status;
(3) He shall be of sound mind;
(4) He shall not have been convicted by a court of competent
jurisdiction of any offense involving moral turpitude; and
(5) He shall be a holder of the degree of Doctor of Medicine or its
equivalent, conferred by a college of medicine duly recognized by
the Department of Education.
Section 10. Acts constituting practice of medicine. A person shall be
considered as engaged in the practice of medicine (a) who shall, for
compensation, fee, salary or reward in any form, paid to him directly or
through another, or even without the same, physical examine any person,
and diagnose, treat, operate or prescribe any remedy for any human
disease, injury, deformity, physical, mental or physical condition or any
ailment, real or imaginary, regardless of the nature of the remedy or
treatment administered, prescribed or recommended; or (b) who shall, by
means of signs, cards, advertisements, written or printed matter, or through
the radio, television or any other means of communication, either offer or
undertake by any means or method to diagnose, treat, operate or prescribe
any remedy for any human disease, injury, deformity, physical, mental or
physical condition; or (c) who shall use the title M.D. after his name.
Section 11. Exemptions. The preceding section shall not be construed to
affect (a) any medical student duly enrolled in an approved medical college
or school under training, serving without any professional fee in any
government or private hospital, provided that he renders such service under
the direct supervision and control of a registered physician; (b) any legally
registered dentist engaged exclusively in the practice of dentistry; (c) any
duly registered masseur or physiotherapist, provided that he applies
massage or other physical means upon written order or prescription of a
duly registered physician, or provided that such application of massage or
physical means shall be limited to physical or muscular development; (d)
any duly registered optometrist who mechanically fits or sells lenses,
artificial eyes, limbs or other similar appliances or who is engaged in the
mechanical examination of eyes for the purpose of constructing or adjusting
eye glasses, spectacles and lenses; (e) any person who renders any service
gratuitously in cases of emergency, or in places where the services of a duly
registered physician, nurse or midwife are not available; (f) any person who
administers or recommends any household remedy as per classification of
existing Pharmacy Laws; and (g) any psychologist or mental hygienist in the
performance of his duties, provided such performance is done in conjunction
with a duly registered physician.
Section 12. Limited practice without any certificate of
registration. Certificates of registration shall not be required of the following
persons:
(a) Physicians and surgeons from other countries called in
consultation only and exclusively in specific and definite cases, or
those attached to international bodies or organization assigned to
perform certain definite work in the Philippines provided they shall
limit their practice to the specific work assigned to them and
provided further they shall secure a previous authorization from the
Board of Medical Examiners.
(b) Commissioned medical officers of the United States armed forces
stationed in the Philippines while rendering service as such only for
the members of the said armed forces and within the limit of their
own respective territorial jurisdiction.
 (c) Foreign physicians employed as exchange professors in special
branches of medicine or surgery whose service may in the discretion
of the Board of Medical Education, be necessary.
(d) Medical students who have completed the first four years of
medical course, graduates of medicine and registered nurses who
may be given limited and special authorization by the Secretary of
Health to render medical services during epidemics or national
emergencies whenever the services of duly registered physicians are
not available. Such authorization shall automatically cease when the
epidemic or national emergency is declared terminated by the
Secretary of Health.
Section 13. The Board of Medical Examiners, its composition and
duties. The Board of Medical Examiners shall be composed of six members
to be appointed by the President of the Philippines from a confidential list of
not more than twelve names approved and submitted by the executive
council of the Philippine Medical Association, after due consultation with
other medical associations, during the months of April and October of each
year. The chairman of the Board shall be elected from among themselves
by the member at a meeting called for the purpose. The President of the
Philippines shall fill any vacancy that may occur during any examination
from the list of names submitted by the Philippine Medical Association in
accordance with the provisions of this Act.
No examiner shall handle the examinations in more than four subjects or
groups of subjects as hereinafter provided. The distribution of subject to
each member shall be agreed upon at a meeting called by the chairman for
the purpose. The examination papers shall be under the custody of the
Commissioner of Civil Service or his duly authorized representative, and
shall be distributed to each member of the Board who shall correct, grade,
and sign, and submit them to the said Commissioner within one hundred
twenty days from the date of the termination of the examinations.
A final meeting of the Board for the deliberation and approval of the grades
shall be called by the Commissioner of Civil Service immediately after receipt
of the records from the members of the Board of Medical Examiners. The
secretary of the Board shall submit to the President of the Philippines for
approval the names of the successful candidates as having been duly
qualified for licensure in alphabetical order, without stating the ratings
obtained by each.
Section 14. Qualifications of examiners. No person shall be appointed a
member of the Board of Medical Examiners unless he or she (1) is a natural-
born citizen of the Philippines, (2) is a duly registered physician in the
Philippines, (3) has been in the practice of medicine for at least ten years,
(4) is of good moral character and of recognized standing in the medical
profession, (5) is not a member of the faculty of any medical school and has
no pecuniary interest, directly or indirectly, in any college of medicine or in
any institution where any branch of medicine is taught, at the time of his
appointment: Provided, That of the six members to be appointed, not more
than two shall be graduates of the same institution and not more than three
shall be government physicians.
Section 15. Tenure of office and compensation of members. The members
of the Board of Medical Examiners shall hold office for one year: Provided,
That any member may be reappointed for not more than one year. Each
member shall receive as compensation ten pesos for each candidate
examined for registration as physician, and five pesos for each candidate
examined in the preliminary or final physician examination.
The President of the Philippines, upon the recommendation of the
Commissioner of Civil Service , after due investigation, may remove any
member of the Board of Medical Examiners for neglect of duty,
incompetency, or unprofessional or dishonorable conduct.
Section 16. Executive Officer and Secretary of the Board. The Secretary of
the Boards of Examiners appointed in accordance with section ten of Act
Numbered Four thousand seven, as amended, shall also be the secretary of
the Board of Medical Examiners, who shall keep all the records, including
examination papers, and the minutes of the deliberations of the Board. He
shall also keep a register of all persons to whom certificates of registration
has been granted; set forth the name, sec, age, and place of birth of each,
place of business, post office address, the name of the medical college or
university from which he graduated or in which he had studied, together
with time spent in the study of the profession elsewhere, the name of the
country where the institution is located which had granted to him the degree
or certificate of attendance upon clinic and all lectures in medicine and
surgery, and all other degrees granted to him from institutions of learning.
He shall keep an up-to-date registration book of all duly registered
physicians in the Philippines. He shall furnish copies of all examination
questions and ratings in each subject of the respective candidates in the
physicians examination, one month after the release of the list of successful
examinees, to the deans of the different colleges of medicine exclusively for
the information and guidance of the faculties thereof. This report shall be
considered as restricted information. Any school which violates this rule shall
be deprived of such privilege. The secretary of the Board shall likewise keep
a record of all registered medical students. He shall keep all the records and
proceedings, and issue and receive all papers in connection with any and all
complaints presented to the Board.
Section 17. Rules and regulations. The Board of Medical Examiners, with
the approval of the Commissioner of Civil Service, shall promulgate such
rules and regulations as may be necessary for the proper conduct of the
examinations, correction of examination papers, and registration of
physicians. The Commissioner shall supervise each Board examination and
enforce the said rules and regulations. These rules and regulations shall take
effect fifteen days after the date of their publication in the Official Gazette
and shall not be changed within sixty days immediately before any
examination. Such rules and regulations shall be printed and distributed for
the information and guidance of all concerned.
Section 18. Dates of examinations. The Board of Medical Examiners shall
give examinations for the registration of physicians, one in May and one in
November every year, in the City of Manila or any of its suburbs after giving
not less than ten days' notice to each candidate who had filed his name and
address with the secretary of the Board.
Section 19. Fees. The secretary of the Board, under the supervision of the
Commissioner of Civil Service, shall collect from each candidate the
following fees:
For registration as medical student P 5.00
For complete physician examination 75.00
For preliminary or final examination 40.00
For registration as physician 20.00
All fees paid as provided herein shall accrue to the funds of the Board of
Medical Examiners and be expended for the payment of the compensation
of the members thereof. No fees other than those provided herein shall be
paid to the Board.
Section 20. Issuance of Certificate of Registration, grounds for refusal of
same. The Commissioner of Civil Service and the secretary of the Board of
Medical Examiners shall sign jointly and issue certificates of registration to
those who have satisfactorily complied with the requirements of the Board.
They shall not issue a certificate of registration to any candidate who has
been convicted by a court of competent jurisdiction of any criminal offense
involving moral turpitude, or has been found guilty of immoral or
dishonorable conduct after he due investigation by the Board of Medical
Examiners, or has been declared to be of unsound mind.
Section 21. Scope of examination. The examination for the registration of
physicians shall consist of the following subjects: (1) Anatomy and
Histology, (2) Physiology, (3) Biochemistry, (4) Microbiology and
Parasitology, (5) Pharcology and Therapeutics, (6) Pathology, (7) Medicine,
(8) Obstetrics and Gynecology, (9) Pediatrics and Nutrition, (10) Surgery
and Opthalmology, Otolaryngology and Rhinology, (11) Preventive Medicine
and Public Health, and (12) Legal Medicine, Ethics and Medical
Jurisprudence: Provided, however, That the examination questions in each
subject or group of subject shall at least be ten in number: Provided, further,
That the examination questions in Medicine shall include at least three from
the following branches: Infectious diseases, Neurology, Dermatology,
Allergy, Endocrinology and Cardio-Vascular diseases: Provided, finally, That
the examination questions in Surgery shall include at least four questions
from the following: Opthalmology, Otology, Rhinology, Laryngology,
Orthopedic Surgery and Anesthesiology.
The questions shall be the same for all applicants. All answers must be
written either in English or Spanish. No name of the examinee shall appear
in the examination paper but the examiners shall devise a system whereby
each applicant can be identified by number only.
In order that a candidate may be deemed to have passed his examination
successfully he must have obtained a general average of seventy-five per
cent without a grade lower than sixty-five per cent in Medicine, Pediatrics
and Nutrition, Obstetrics and Gynecology, and Preventive Medicine and
Public Health, and no grade lower than fifty per cent in the rest of the
subjects.
The preliminary examinations shall comprise of the following subjects:
(1) Gross Anatomy and Histology
(2) Physiology
(3) Biochemistry
(4) Microbiology and Parasitology
Section 22. Administrative investigations. In addition to the functions
provided for in the preceding sections, the Board of Medical Examiners shall
perform the following duties: (1) to administer oath to physicians who
qualified in the examination; (2) to study the conditions affecting the
practice of medicine in all parts of the Philippines; (3) to exercise the powers
conferred upon it by this article with the view of maintaining the ethical and
professional standards of the medical profession; (4) to subpoena or
subpoena duces tecum witnesses for all purposes required in the discharge
of its duties; and (5) to promulgate, with the approval of the Commissioner
of Civil Service, such rules and regulations as it may deem necessary for the
performance of its duties in harmony with the provisions of this Act and
necessary for the proper practice of medicine in the Philippines.
Administrative investigations may be conducted by not less than four
members of the Board of Medical Examiners; otherwise the proceedings
shall be considered void. The existing rules of evidence shall be observed
during all administrative investigations. The Board may disapprove
applications for examination or registration, reprimand erring physicians, or
suspend or revoke registration certificates, if the respondents are found
guilty after due investigations.
Section 23. Procedure and rules. Within five days after the filling of written
charges under oath, the respondent physician shall be furnished a copy
thereof, without requiring him or her to answer the same, and the Board
shall conduct the investigation within five days after the receipt of such copy
by the respondent. The investigation shall be completed as soon as
practicable.
Section 24. Grounds for reprimand, suspension or revocation of
registration certificate. Any of the following shall be sufficient ground for
reprimanding a physician, or for suspending or revoking a certificate of
registration as physician:
(1) Conviction by a court of competent jurisdiction of any criminal
offense involving moral turpitude;
(2) Immoral or dishonorable conduct;
(3) Insanity;
(4) Fraud in the acquisition of the certificate of registration;
(5) Gross negligence, ignorance or incompetence in the practice of
his or her profession resulting in an injury to or death of the patient;
(6) Addiction to alcoholic beverages or to any habit forming drug
rendering him or her incompetent to practice his or her profession,
or to any form of gambling;
(7) False or extravagant or unethical advertisements wherein other
things than his name, profession, limitation of practice, clinic hours,
office and home address, are mentioned.
(8) Performance of or aiding in any criminal abortion;
(9) Knowingly issuing any false medical certificate;
(10) Issuing any statement or spreading any news or rumor which
is derogatory to the character and reputation of another physician
without justifiable motive;
(11) Aiding or acting as a dummy of an unqualified or unregistered
person to practice medicine;
(12) Violation of any provision of the Code of Ethics as approved by
the Philippine Medical Association.
Refusal of a physician to attend a patient in danger of death is not a
sufficient ground for revocation or suspension of his registration certificate
if there is a risk to the physician's life.
Section 25. Rights of respondents. The respondent physician shall be
entitled to be represented by counsel or be heard by himself or herself, to
have a speedy and public hearing, to confront and to cross-examine
witnesses against him or her, and to all other rights guaranteed by the
Constitution and provided for in the Rules of Court.
Section 26. Appeal from judgment. The decision of the Board of Medical
Examiners shall automatically become final thirty days after the date of its
promulgation unless the respondent, during the same period, has appealed
to the Commissioner of Civil Service and later to the Office of the President
of the Philippines. If the final decision is not satisfactory, the respondent
may ask for a review of the case, or may file in court a petition for certiorari.
Section 27. Reinstatement. After two years, the Board may order the
reinstatement of any physicians whose certificate of registration has been
revoked, if the respondent has acted in an exemplary manner in the
community wherein he resides and has not committed any illegal, immoral
or dishonorable act.
ARTICLE IV
PENAL AND OTHER PROVISIONS
Section 28. Penalties. Any person found guilty of "illegal practice of
medicine" shall be punished by a fine of not less than one thousand pesos
nor more than ten thousand pesos with subsidiary imprisonment in case of
insolvency, or by imprisonment of not less than one year nor more than five
years, or by both such fine and imprisonment, in the discretion of the court.
Section 29. Injunctions. The Board of Medical Examiners may file an action
to enjoin any person illegally practicing medicine from the performance of
any act constituting practice of medicine if the case so warrants until the
necessary certificate therefore is secured. Any such person who, after
having been so enjoined, continues in the illegal practice of medicine shall
be punished for contempt of court. The said injunction shall not relieve the
person practicing medicine without certificate of registration from criminal
prosecution and punishment as provided in the preceding section.
Section 30. Appropriation. To carry out the provisions of this Act, there is
hereby appropriated, out of any funds in the National Treasury not otherwise
appropriated, the sum of twenty thousand pesos.

Section 31. Repealing clause. All Acts, executive orders, administrative

orders, rules and regulations, or parts thereof inconsistent with the
provisions of this Act are repealed or modified accordingly.

Section 32. Effectivity. This Act shall take effect upon its
approval: Provided, That if it is approved during the time when examinations
for physicians are held, it shall take effect immediately after the said
examinations: Provided, further, That section six of this Act shall take effect
at the beginning of the academic year nineteen hundred sixty to nineteen
hundred sixty-one, and the first paragraph of section seven shall take effect
four years thereafter.

Approved: June 20, 1959


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 registrants 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 years
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

 Minor or Harbor Bay Lake-River Patrons
REPUBLIC ACT NO. 6511 14) Mechanical Engineers except Certified Plant Mechanics

REPUBLIC ACT NO. 6511 - AN ACT AMENDING REPUBLIC ACT 15) Mining Engineers
NUMBERED FOUR HUNDRED SIXTY-FIVE ENTITLED "AN ACT TO
STANDARDIZE THE EXAMINATION AND REGISTRATION FEES 16) Physicians except examinees for physician's preliminary
CHARGED BY THE NATIONAL EXAMINING BOARDS, AND FOR examinations
OTHER PURPOSES"
17) Sanitary Engineers

18) Chief Marine Engineers

Section 1. Sections one, two, three, four, five and six of Republic Act
(b) Seventy-five pesos:
Numbered Four hundred sixty-five are hereby amended to read as
follows:
1) Chemists
"Section 1. The provisions of existing law to the contrary
2) Second Steam and Motor Engineers
notwithstanding, applicants for any of the licensure examinations
conducted by any of the boards under the Office of the Boards of
3) Dietitians
Examiners shall pay examination fees as follows;
4) Geologists
(a) One hundred pesos:
5) Medical Technologists
1) Accountants
6) Naval Architects and Marine Engineers
2) Agricultural Engineers
7) Nurses
3) Architects
8) Optometrists
4) Chemical Engineers
9) Pharmacists
5) Civil Engineers
10) Social Workers
6) Customs Brokers
11) Sugar Technologists
7) Dentists, except Dental Hygienists
12) Veterinarians
8) Electrical Engineers except Master Electricians
13) Midwives
9) Electronics and Communications Engineers
14) Chief Mates and Major Patrons
10) Foresters
15) Master Plumbers or Plumbing Engineers
11) Geodetic Engineers
(c) Fifty pesos:
12) Licensing Contractors
1) Bay-River-Lake Motor Engineers
13) Master Marine Officers, except Chief, Second, Third Mates, Major,

2) Harbor-Bay-River-Lake Patrons
3) Minor Patrons
4) Therapists
5) Master Electricians
6) Examinees for physician's preliminary and final examinations
7) Dental Hygienists
8) Certified Plant Mechanics
9) Second and Third Mates
10) Third and Fourth Steam and Motor Engineers
Provided, that in cases where removal examinations are allowed, the
examination fee shall fifty per centum of the original fee prescribed under
classifications A, B and C provided for under this section.
"Sec. 2. Every applicant for registration in any of the professions or
occupations under regulation by the Office of the Boards of Examiners
who passed the corresponding examination shall pay a registration fee of
fifty pesos for those falling under class (a); forty pesos for those under
class (b); and thirty pesos for those under class (c) provided in section
one, except those in the marine examinations who are registered by the
Philippine Coast Guard. An applicant for registration without examination
shall pay also the amount corresponding to the examination fee of the
profession or occupation applied plus the registration fee herein
prescribed: provided, that detailmen shall pay twenty pesos, mine or
quarry foreman and chemical technician, thirty pesos: provided, further,
that applicants for registration who qualified in the examination given
prior to the approval of this Act, shall pay the corresponding registration
fee heretofore prescribed.
"Sec. 3. Every practicing professional or practitioner of any of the
occupations regulated by the Office of the Boards of Examiners shall pay
an annual registration fee of five pesos: provided, that major or minor
patrons, second, third, or fourth motor or steam engineers, harbor-river-
lake patrons, bay-river-lake-motor engineers, master electricians,
certified plant mechanics, master plumbers, midwives, chemical
technicians and mine or quarry foremen shall pay two pesos: provided,
further, that licensed contractors and detailmen shall be exempt from the
payment of the annual registration fee as they are required to renew their
licenses or registrations annually. Failure to pay the annual registration
fee on or before January twenty of the year next following the calendar
year in which it is due, shall bear a surcharge of twenty per centum for
each calendar year in which payment has not been made: provided, that
after the lapse of five continuous years from the year it was last paid if
the annual registration fee has never been paid, the delinquent's
certificate of registration shall be considered suspended and his name
shall be dropped from the annual roster for not having been good
standing and may be reinstated only upon application and payment of the
fee herein provided for registration without examination. When a
registered practitioner desires to stop practicing his profession, he shall
inform the board concerned in writing within one year from the time he
stopped practicing in order to exempt him from the payment of the
annual registration fee: provided, that when he intends to resume the
practice of his professions, he shall likewise inform the board concerned
in writing and pay the annual registration fee for the current year without
any surcharge and his name shall be reinstated in the annual roster.
The annual registration card, at least for the calendar year immediately
preceding, shall be presented to the collection agent of the Bureau of
Internal Revenue when paying his professional tax and the registration
number, date of issuance and the year shown on the card shall be
indicated on the official receipt as evidence that the payor is authorized
by law to practice the profession.
"Sec. 4. Every applicant for duplicate certificate of registration shall pay
a fee of twenty-five pesos and for certifications or true copies of records
with the official seal of the office or of the board concerned, two pesos for
the first one hundred words and in excess thereof fifty centavos for every
one hundred words or a fraction thereof.
"Sec. 5. All examination, registration and other fees shall be paid to the
collecting officer of the Office of the Boards of Examiners which shall be
deposited in a special trust account to constitute the professional
regulation special fund and which shall be expended solely for the
operational expenses of the Office of the Boards of Examiners, for
compensation of members of the board and salaries of officials and
employees including the hiring of temporary personnel as the exigencies
of the service require, for the purchase, acquisition and improvement of
equipment, furniture, and fixtures, motor vehicles, sites and construction
of building for office spaces and examination halls, for conducting
research to keep the office abreast with recent trends in regulation of
professions and occupations and in all other matters that would enhance
the effectiveness and efficiency of the office.
"Sec. 6. Each Chairman and member of the Board of Examiners,
whether a government employee or not, shall receive as compensation a
fee not exceeding fifteen pesos per capita of the candidates examined or
registered without examination, and a per diem not exceeding ten
(P10.00) pesos for each day of attendance in administrative
investigations and ocular inspections lasting not less than one hour at a
time: provided, that the total compensation of any Chairman or member
shall not be less than three thousand six hundred pesos, but not more
than twenty-four thousand pesos for participating in all examinations
given by their respective board during the fiscal year. Any member whose
term expires before the end of the fiscal year shall receive only the
compensation equivalent to the number of candidates examined and/or
registered without examination wherein he last participated or at the rate
of five hundred pesos per month computed from the beginning of fiscal
year until the last day of his term of office or until his successor shall
have been appointed and qualified, whichever is higher: provided, that
the Chairman or member whose term expires before the result of the
examination he last participated in his released shall be allowed to
continue correcting his examination papers and to perform his other
duties relative to the release of the results thereof until he shall signed
the certificate of registration of those who have qualified in the
examination or were registered without examination, without additional
compensation except those allowed herein, and that the full
compensation due him shall be paid only after he shall have been cleared
of all his responsibilities."

Sec. 2. All laws, executive orders, administrative orders, rules and

regulations, or parts thereof inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.

Sec. 3. This Act shall take effect upon its approval.


Art. 174. False medical certificates, false certificates of merits or
service, etc. The penalties of arresto mayor in its maximum period
to prision correccional in its minimum period and a fine not to exceed
P1,000 pesos shall be imposed upon:
1. Any physician or surgeon who, in connection, with the
practice of his profession, shall issue a false certificate; and
2. Any public officer who shall issue a false certificate of merit
of service, good conduct or similar circumstances.
The penalty of arresto mayor shall be imposed upon any private
person who shall falsify a certificate falling within the classes
mentioned in the two preceding subdivisions.
Art. 259. Abortion practiced by a physician or midwife and
dispensing of abortives. The penalties provided in Article
256 shall be imposed in its maximum period, respectively,
upon any physician or midwife who, taking advantage of their
scientific knowledge or skill, shall cause an abortion or assist
in causing the same.
Any pharmacist who, without the proper prescription from a
physician, shall dispense any abortive shall suffer arresto
mayor and a fine not exceeding 1,000 pesos.
Art. 347. Simulation of births, substitution of one child for
another and concealment or abandonment of a legitimate
child. The simulation of births and the substitution of one
child for another shall be punished by prision mayor and a
fine of not exceeding 1,000 pesos.
The same penalties shall be imposed upon any person who
shall conceal or abandon any legitimate child with intent to
cause such child to lose its civil status.
Any physician or surgeon or public officer who, in violation of
the duties of his profession or office, shall cooperate in the
execution of any of the crimes mentioned in the two next
preceding paragraphs, shall suffer the penalties therein
prescribed and also the penalty of temporary special
disqualification.c
Art. 365. Imprudence and negligence. Any person who, by
reckless imprudence, shall commit any act which, had it been
intentional, would constitute a grave felony, shall suffer the penalty
of arresto mayor in its maximum period to prision correccional in its
medium period; if it would have constituted a less grave felony, the
penalty of arresto mayor in its minimum and medium periods shall
be imposed; if it would have constituted a light felony, the penalty
of arresto menor in its maximum period shall be imposed.
Any person who, by simple imprudence or negligence, shall
commit an act which would otherwise constitute a grave
felony, shall suffer the penalty of arresto mayor in its medium
and maximum periods; if it would have constituted a less
serious felony, the penalty of arresto mayor in its minimum
period shall be imposed.
When the execution of the act covered by this article shall
have only resulted in damage to the property of another, the
offender shall be punished by a fine ranging from an amount
equal to the value of said damages to three times such value,
but which shall in no case be less than twenty-five pesos.
A fine not exceeding two hundred pesos and censure shall be
imposed upon any person who, by simple imprudence or
negligence, shall cause some wrong which, if done
maliciously, would have constituted a light felony.
In the imposition of these penalties, the court shall exercise
their sound discretion, without regard to the rules prescribed
in Article sixty-four.chanrobles virtual law library
The provisions contained in this article shall not be
applicable:
1. When the penalty provided for the offense is equal to or
lower than those provided in the first two paragraphs of this
article, in which case the court shall impose the penalty next
lower in degree than that which should be imposed in the
period which they may deem proper to apply.
2. When, by imprudence or negligence and with violation of
the Automobile Law, to death of a person shall be caused, in
which case the defendant shall be punished by prision
correccional in its medium and maximum periods.
Reckless imprudence consists in voluntary, but without malice, doing
or falling to do an act from which material damage results by reason
of inexcusable lack of precaution on the part of the person
performing of failing to perform such act, taking into consideration
his employment or occupation, degree of intelligence, physical
condition and other circumstances regarding persons, time and
place.
Simple imprudence consists in the lack of precaution
displayed in those cases in which the damage impending to
be caused is not immediate nor the danger clearly
manifest.chanrobles virtual law library
The penalty next higher in degree to those provided for in this
article shall be imposed upon the offender who fails to lend
on the spot to the injured parties such help as may be in this
hand to give.

PRESIDENTIAL DECREE No. 169 April 4, 1973
REQUIRING DOCTORS, HOSPITALS, CLINICS, ETC. TO REPORT
TREATMENT FOR PHYSICAL INJURIES
WHEREAS, pursuant to Proclamation No. 1081, dated September 21, 1972
and No. 1104, dated January 17, 1973, martial law has been declared
throughout the Philippines to, among other goals, restore and maintain
peace and order;
WHEREAS, for the attainment of the aforesaid goal, and to enable the law-
enforcement agencies to keep track of all violent crimes, conduct timely
investigations thereon and effect the immediate arrest of the perpetrators
thereof, it is necessary that all persons treating injuries resulting from any
form of violence be required to report such fact to said agencies;
I do further order and decree that any violation of this Decree and/or the
rules and regulations which shall be promulgated by competent authorities
in accordance herewith, with malicious intent or gross negligence, shall
suffer the penalty of imprisonment for not less than one year nor more than
three (3) years and/or a fine of not less than 1,000 nor more than 3,000
pesos, as a military tribunal may direct. In addition, the government license
or permit of the attending physician to practice his profession shall be
cancelled by the Civil Service Commission after the sentence imposed by
the military tribunal has become final and executory.
The Secretary of Health and the Secretary of National Defense shall
promulgate the necessary rules and regulations to carry out the purposes
of this Decree.
Done in the City of Manila, this 4th day of April, in the year of Our Lord,
nineteen hundred and seventy-three.

WHEREAS, while some of the victims of violent crimes, or those who may
have sustained physical injuries in the act of committing or as the result of
the commission of a crime submit themselves for medical treatment in
hospitals, medical clinics, sanitariums, or other medical establishments, or
to medical practitioners, they do not report their injuries to the law-
enforcement agencies for one reason or another;

NOW, THEREFORE, I, FERDINAND E. MARCOS, pursuant to Proclamations

No. 1081, dated September 21, 1972 and No. 1104, dated January 17, 1973
and in my capacity as Commander-in-Chief of all the Armed Forces of the
Philippines, do hereby order and decree that:

1. The attending physician of any hospital, medical clinic, sanitarium

or other medical establishments, or any medical practitioner, who
has treated any person for serious or less serious physical injuries
as those injuries are defined in Articles 262, 263, 264 and 265 of
the Revised Penal Code shall report the fact of such treatment
personally or by fastest means of communication to the nearest
Philippine Constabulary unit without delay: Provided, That no fee
shall be charged for the transmission of such report through
government communication facilities;

2. The report called for in this Decree shall indicate when

practicable, the name, age; address and nearest of kin of the
patient; the nature and probable cause of the injury; the
approximate time and date when, and the place where, the injury
was sustained; the time, date, and nature of treatment; and the
physical diagnosis and/or disposition of the patient;

Republic Act No. 6675 September 13, 1988
AN ACT TO PROMOTE, REQUIRE AND ENSURE THE PRODUCTION OF
AN ADEQUATE SUPPLY, DISTRIBUTION, USE AND ACCEPTANCE OF
DRUGS AND MEDICINES IDENTIFIED BY THEIR GENERIC NAMES
Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled::
Section 1. Title This Act shall be known as the "Generics Act of 1988."
Section 2. Statement of Policy It is hereby declared the policy of the
State:
To promote, encourage and require the use of generic terminology
in the importation, manufacture, distribution, marketing,
advertising and promotion, prescription and dispensing of drugs;
To ensure the adequate supply of drugs with generic names at the
lowest possible cost and endeavor to make them available for free
to indigent patients;
To encourage the extensive use of drugs with generic names
through a rational system of procurement and distribution;
To emphasize the scientific basis for the use of drugs, in order that
health professionals may become more aware and cognizant of their
therapeutic effectiveness; and
To promote drug safety by minimizing duplication in medications
and/or use of drugs with potentially adverse drug interactions.
Section 3. Definition of Terms The following terms are herein defined
for purposes of this Act:
(1) "Generic Name or Generic Terminology" is the identification of
drugs and medicines by their scientifically and internationally
recognize active ingredients or by their official generic name as
determined by the Bureau of Food and Drugs of the Department of
Health.
(2) "Active Ingredient" is the chemical component responsible for
the claimed therapeutic effect of the pharmaceutical product.
(3) "Chemical Name" is the description of the chemical structure of
the drug or medicine and serves as the complete identification of a
compound.
(4) "Drug Product" is the finished product form that contains the
active ingredients, generally but not necessarily in association with
inactive ingredients.
(5) "Drug Establishment" is any organization or company involved
in the manufacture, importation, repacking and/or distribution of
drugs or medicines.
(6) "Drug Outlets" means drugstores, pharmacies, and any other
business establishments which sell drugs or medicines.
(7) "Essential Drugs List" or "National Drug Formulary" is a list of
drugs prepared and periodically updated by the Department of
Health on the basis of health conditions obtaining in the Philippines
as well as on internationally accepted criteria. It shall consist of a
core list and a complementary list.
(8) "Core List" is a list of drugs that meets the health care needs of
the majority of the population.
(9) "Complementary List" is a list of alternative drugs used when
there is no response to the core essential drug or when there is
hypersensitivity reaction to the core essential drug or when for one
reason or another, the core essential drug cannot be given.
(10) "Brand Name" is the proprietary name given by the
manufacturer to distinguish its product from those of competitors.
(11) "Generic Drugs" are drugs not covered by patent protection
and which are labeled solely by their international non-proprietary
or generic name.
Section 4. The Use of Generic Terminology for Essential Drugs and
Promotional Incentives. (a) In the promotion of the generic names for
pharmaceutical products, special consideration shall be given to drugs and
medicines which are included in the Essential Drugs List to be prepared
within one hundred eighty (180) days from approval of this Act and updated
quarterly by the Department of Health on the basis of health conditions
obtaining in the Philippines as well as on internationally accepted criteria.
(b) The exclusive use of generic terminology in the manufacture, marketing
and sales of drugs and medicines, particularly those in the Essential Drugs
List, shall be promoted through such a system of incentives as the Board of
Investments jointly with the Department of Health and other government
agencies as may be authorized by law, shall promulgate in accordance with
existing laws, within one hundred eighty (180) days after approval of this
Act.
Section 5. Posting and Publication The Department of Health shall
publish annually in at least two (2) newspapers of general circulation in the
Philippines the generic names, and the corresponding brand names under
which they are marketed, of all drugs and medicines available in the
Philippines.
Section 6. Who Shall Use Generic Terminology - (a) All government
health agencies and their personnel as well as other government agencies
shall use generic terminology or generic names in all transactions related to
purchasing, prescribing, dispensing and administering of drugs and
medicines.
(b) All medical, dental and veterinary practitioners, including private
practitioners, shall write prescriptions using the generic name. The brand
name may be included if so desired.
(c) Any organization or company involved in the manufacture, importation,
repacking, marketing and/or distribution of drugs and medicines shall
indicate prominently the generic name of the product. In the case of brand
name products, the generic name shall appear prominently and immediately
above the brand name in all product labels as well as in advertising and
other promotional materials.
(d) Drug outlets, including drugstores, hospital and non-hospital pharmacies
and non-traditional outlets such as supermarkets and stores, shall inform
any buyer about any and all other drug products having the same generic
name, together with their corresponding prices so that the buyer may
adequately exercise, his option.
Within one (1) year after approval of this Act, the drug outlets referred to
herein, shall post in conspicuous places in their establishments, a list of drug
products with the same generic name and their corresponding prices.
Section 7. Provision on Quality, Manufacturers Identity and
Responsibility In order to assure responsibility for drug quality in all
instances, the label of all drugs and medicines shall have the following:
name and country of manufacture, dates of manufacture and expiration.
The quality of such generically labeled drugs and medicines shall be duly
certified by the Department of Health.
Section 8. Required Production Subject to the rules and regulations
promulgated by the Secretary of Health, every drug manufacturing company
operating in the Philippines shall be required to produce, distribute and
make available to the general public the medicine it produces, in the form
of generic drugs.
Section 9. Rules and Regulations The implementation of the provisions
of this Act shall be in accordance with the rules and regulations to be
promulgated by the Department of Health. Rules and regulations with penal
sanctions shall be promulgated within one hundred eighty (180) days after
approval of this Act and shall take effect fifteen (15) days after publication
in the Official Gazette or in two (2) newspapers of general circulation.
Section 10. Authority to Import Within three (3) years from the
effectivity of this Act, extendible by the President for another two (2) years
and during periods of critical shortage and absolute necessity, the
Department of Health is hereby authorized to import raw materials of which
there is a shortage for the use of Filipino-owned or controlled drug
establishments to be marketed and sold exclusively under generic
nomenclature. The President may authorize the importation of raw materials
tax and duty-free. The Secretary of Health shall ensure that the imported
raw materials are allocated fairly and efficiently among Filipino-owned or
controlled drug establishments. He shall submit to the Office of the President
and to Congress a quarterly report on the quantity, kind and value of the
raw materials imported.
Section 11. Education Drive The Department of Health jointly with the
Department of Education, Culture and Sports, Philippine Information Agency
and the Department of Local Government shall conduct a continuous
information campaign for the public and a continuing education and training
for the medical and allied medical professions on drugs with generic names
as an alternative of equal efficacy to the more expensive brand name drugs.
Such educational campaign shall include information on the illnesses or
symptoms which each generically named drug is supposed to cure or
alleviate, as well as its contraindications. The Department of Health with the
assistance of the Department of Local Government and the Philippine
Information Agency shall monitor the progress of the education drive, and
shall submit regular reports to Congress.
Section 12. Penalty A) Any person who shall violate Section 6(a) or 6(b)
of this Act shall suffer the penalty graduated hereunder, viz:
(a) for the first conviction, he shall suffer the penalty of reprimand
which shall be officially recorded in the appropriate books of the
Professional Regulation Commission.
 (b) for the second conviction, the penalty of fine in the amount of
not less than two thousand pesos (P2,000.00) but not exceeding
five thousand pesos (5,000.00) at the discretion of the court.

(c) for the third conviction, the penalty of fine in the amount of not
less than five thousand pesos (P5,000.00) but not exceeding then
thousand pesos (P10,000.00) and suspension of his license to
practice his profession for thirty (30) days at the discretion of the
court.

(d) for the fourth and subsequent convictions, the penalty of fine of
not less than ten thousand pesos (P10,000.00) and suspension of
his license to practice his profession for one year or longer at the
discretion of the court.

B) Any juridical person who violates Section 6(c), 6(d), 7 or 8 shall suffer
the penalty of a fine of not less than five thousand pesos (P5,000.00) nor
more than ten thousand pesos (P10,000.00) and suspension or revocation
of license to operate such drug establishment or drug outlet at the discretion
of the Court: Provided,That its officers directly responsible for the violation
shall suffer the penalty of fine and suspension or revocation of license to
practice profession, if applicable, and by imprisonment of not less than six
(6) months nor more than one (1) year or both fine and imprisonment at
the discretion of the Court: and Provided, further, That if the guilty party is
an alien, he shall be ipso facto deported after service of sentence without
need of further proceedings. C) The Secretary of Health shall have the
authority to impose administrative sanctions such as suspension or
cancellation of license to operate or recommend suspension of license to
practice profession to the Professional Regulation Commission as the case
may be for the violation of this Act. Section 13. Separability Clause If any
provision of this Act is declared invalid, the remainder or any provision
hereof not affected thereby shall remain in force and effect.

Section 14. Repealing Clause The provisions of any law, executive

order, presidential decree or other issuances inconsistent with this Act are
hereby repealed or modified accordingly.

Section 15. Effectivity This Act shall take effect fifteen (15) days after
its complete publication in the Official Gazette or two (2) newspapers of
general circulation.

Approved,

(Sgd.) RAMON V. MITRA (Sgd.) JOVITO R. SALONGA

Speaker of the House of President of the Senate
Representatives
Republic Act No. 8504 February 13, 1998
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
Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled::
Section 1. Title. This Act shall be known as the "Philippine AIDS
Prevention and Control Act of 1998."
Section 2. Declaration of policies. Acquired Immune Deficiency
Syndrome (AIDS) is a disease that recognizes no territorial, social, political
and economic boundaries for which there is no known cure. The gravity of
the AIDS threat demands strong State action today, thus:
(a) The State shall promote public awareness about the causes,
modes 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 campaigns shall promote value formation and
employ scientifically proven approaches, focus on the family as a
basic social unit, and be carried out in all schools and training
centers, workplaces, and communities. This program shall involve
affected individuals and groups, including people living with
HIV/AIDS.
(b) The State shall extend to every person suspected or known to
be infected with HIV/AIDS full protection of his/her human rights
and civil liberties. Towards this end:
(1) compulsory HIV testing shall be considered unlawful
unless otherwise provided in this Act;
(2) the right to privacy of individuals with HIV shall be
guaranteed;
(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
(4) provision of basic health and social services for
individuals with HIV shall be assured.
(c) The State shall promote utmost safety and universal precautions
in practices and procedures that carry the risk of HIV transmission.
(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 and ignorance.
(e) The State shall recognize the potential role of affected individuals
in propagating vital information and educational messages about
HIV/AIDS and shall utilize their experience to warn the public about
the disease.
Section 3. Definition of terms. As used in this Act, the following terms
are defined as follows:
(a) "Acquired Immune Deficiency Syndrome (AIDS)" a condition
characterized by a combination of signs and symptoms, caused by
HIV contracted from another person and which attacks and weakens
the body's immune system, making the afflicted individual
susceptible to other life-threatening infections.
(b) "Anonymous Testing" refers to an HIV testing procedure
whereby the individual being tested does not reveal his/her true
identity. An identifying number or symbol is used to substitute for
the name and 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 person attended or characterized by the lack of or vitiated consent,
use of physical force, intimidation or any form of compulsion.
(d) "Contact tracing" refers to the method of finding and
counselling the sexual partner(s) of a person who has been
diagnosed as having sexually transmitted disease.
(e) "Human Immunodeficiency Virus (HIV)" refers to the virus
which causes AIDS.
(f) "HIV/AIDS Monitoring" refers to the documentation and
analysis of the number of HIV/AIDS infections and the pattern of its
spread.
(g) "HIV/AIDS Prevention and Control" refers to measures aimed
at protecting non-infected from contracting HIV and minimizing the
impact of the condition of persons living with HIV.
(h) "HIV-positive" refers to the presence of HIV infection as
documented by the presence of HIV or HIV antibodies in the sample
being tested.
(i) "HIV-negative" denotes the absence of HIV or HIV antibodies
upon HIV testing.
(j) "HIV Testing" refers to any laboratory procedure done on an
individual to determine the presence or absence of HIV infection.
(k) "HIV Transmission" refers to the transfer of HIV from one
infected person to an uninfected individual, most commonly through
sexual intercourse, blood transfusion, sharing of intravenous
needles and during pregnancy.
(l) "High-Risk Behavior" refers to a person's frequent involvement
in certain activities which increase the risk of transmitting or
acquiring HIV.
(m) "Informed Consent" refers to the voluntary agreement of a
person to undergo or be subjected to a procedure based on full
information, whether such permission is written, conveyed verbally,
or expressed indirectly.
(n) "Medical Confidentiality" refers to the relationship of trust and
confidence created or existing between a patient or a person with
HIV and his attending physician, consulting medical specialist,
nurse, medical technologist and all other health workers or
personnel involved in any counselling, testing or professional care
of the former; it also applies to any person who, in any official
capacity, has acquired or may have acquired such confidential
information.
(o) "Person with HIV" refers to an individual whose HIV test
indicates, directly or indirectly, that he/she is infected with HIV.
(p) "Pre-Test Counselling" refers to the process of providing an
individual information on the biomedical aspects of HIV/AIDS and
emotional support to any psychological implications of undergoing
HIV testing and the test result itself before he/she is subjected to
the test.
(q) "Post-Test Counselling" refers to the process of providing risk-
reduction information and emotional support to a person who
submitted to HIV testing at the time that the test result is released.
(r) "Prophylactic" refers to any agent or device used to prevent
the transmission of a disease.
(s) "Sexually Transmitted Diseases" refers to any disease that may
be acquired or passed on through sexual contact.
(t) "Voluntary HIV Testing" refers to HIV testing done on an
individual who, after having undergone pre-test counselling,
willingly submits himself/herself to such test.
(u) "Window Period" refers to the period of time, usually lasting
from two weeks to six (6) months during which an infected
individual will test "negative" upon HIV testing but can actually
transmit the infection.
ARTICLE I
EDUCATION AND INFORMATION
Sec. 4. HIV/AIDS education in schools. The Department of Education,
Culture and Sports (DECS), the Commission on Higher Education (CHED),
and the Technical Education and skills Development Authority (TESDA),
utilizing official information provided by the Department of Health, shall
integrate instruction on the causes, modes of transmission and ways of
preventing HIV/AIDS and other sexually transmitted diseases in subjects
taught in public and private schools at intermediate grades, secondary and
tertiary levels, including non-formal and indigenous learning
systems: Provided, That if the integration of HIV/AIDS education is not
appropriate or feasible, the DECS and TESDA shall design special modules
on HIV/AIDS prevention and control: Provided, further, That it shall not be
used as an excuse to propagate birth control or the sale or distribution of
birth control devices: Provided, finally, That it does not utilize sexually
explicit materials.
Flexibility in the formulation and adoption of appropriate course content,
scope, and methodology in each educational level or group shall be allowed
after consultations with Parent-Teachers-Community Associations, Private
School Associations, school officials, and other interest groups. As such, no
instruction shall be offered to minors without adequate prior consultation
with parents who must agree to the thrust and content of the instruction
materials.
All teachers and instructors of said HIV/AIDS courses shall be required to
undergo a seminar or training on HIV/AIDS prevention and control to be
supervised by DECS, CHED and TESDA, in coordination with the Department
of Health (DOH), before they are allowed to teach on the subject.
Section 5. HIV/AIDS information as a health service. HIV/AIDS
education and information dissemination shall form part of the delivery of
health services by health practitioners, workers and personnel. The
knowledge and capabilities of all public health workers shall be enhanced to
include skills for proper information dissemination and education on
HIV/AIDS. It shall likewise be considered a civic duty of health providers in
the private sector to make available to the public such information necessary
to control the spread of HIV/AIDS and to correct common misconceptions
about this disease. The training or health workers shall include discussions
on HIV-related ethical issues such as confidentiality, informed consent and
the duty to provide treatment.
Section 6. HIV/AIDS education in the workplace. All government
and private employees, workers, managers, and supervisors, including
members of the Armed Forces of the Philippines (AFP) and the Philippine
National Police (PNP), shall be provided with the standardized basic
information and instruction on HIV/AIDS which shall include topics on
confidentiality in the workplace and attitude towards infected employees and
workers. In collaboration with the Department of Health (DOH), the
Secretary of the Department of Labor and Employment (DOLE) shall oversee
the anti-HIV/AIDS campaign in all private companies while the Armed
Forces Chief of Staff and the Director General of the PNP shall oversee the
implementation of this Sec..
Section 7. HIV/AIDS education for Filipinos going abroad. The
State shall ensure that all overseas Filipino workers and diplomatic, military,
trade, and labor officials and personnel to be assigned overseas shall
undergo or attend a seminar on the cause, prevention and consequences of
HIV/AIDS before certification for overseas assignment. The Department of
Labor and Employment or the Department of Foreign Affairs, the
Department of Tourism and the Department of Justice through the Bureau
of Immigration, as the case may be, in collaboration with the Department
of Health (DOH), shall oversee the implementation of this Sec..
Section 8. Information campaign for tourists and transients.
Informational aids or materials on the cause, modes of transmission,
prevention, and consequences of HIV infection shall be adequately provided
at all international ports of entry and exit. The Department of Tourism, the
Department of Foreign Affairs, the Department of Justice through the
Bureau of Immigration, in collaboration with the Department of Health
(DOH), shall oversee the implementation of this Act.
Section 9. HIV/AIDS education in communities. Local government
units, in collaboration with the Department of Health (DOH), shall conduct
an educational and information campaign on HIV/AIDS. The provincial
governor, city or municipal mayor and the barangay captain shall coordinate
such campaign among concerned government agencies, non-government
organizations and church-based groups.
Section 10. Information on prophylactics. Appropriate information
shall be attached to or provided with every prophylactic offered for sale or
given as a donation. Such information shall be legibly printed in English and
Filipino, and contain literature on the proper use of the prophylactic device
or agent, its efficacy against HIV and STD infection, as well as the
importance of sexual abstinence and mutual fidelity.
Section 11. Penalties for misleading information. Misinformation on
HIV/AIDS prevention and control through false and misleading advertising
and claims in any of the tri-media or the promotional marketing of drugs,
devices, agents or procedures without prior approval from the Department
of Health and the Bureau of Food and Drugs and the requisite medical and
scientific basis, including markings and indications in drugs and devises or
agents, purporting to be a cure or a fail-safe prophylactic for HIV infection
is punishable with a penalty of imprisonment for two (2) months to two (2)
years, without prejudice to the imposition of administrative sanctions such
as fines and suspension or revocation of professional or business license.
ARTICLE II
SAFE PRACTICES AND PROCEDURES
Sec. 12. Requirement on the donation of blood, tissue, or organ.
No laboratory or institution shall accept a donation of tissue or organ,
whether such donation is gratuitous or onerous, unless a sample from the
donor has been tested negative for HIV. All donated blood shall also be
subjected to HIV testing and HIV(+) blood shall be disposed of properly and
immediately. A second testing may be demanded as a matter of right by the
blood, tissue, or organ recipient or his immediate relatives before
transfusion or transplant, except during emergency cases: Provided, That
donations of blood, tissue, or organ testing positive for HIV may be accepted
for research purposes only, and subject to strict sanitary disposal
requirements.
Section 13. Guidelines on surgical and similar procedures. The
Department of Health (DOH), in consultation and in coordination with
concerned professional organizations and hospital associations, shall issue
guidelines on precautions against HIV transmission during surgical, dental,
embalming, tattooing or similar procedures. The DOH shall likewise issue
guidelines on the handling and disposition of cadavers, body fluids or wastes
of persons known or believed to be HIV-positive.
The necessary protective equipment such as gloves, goggles and gowns,
shall be made available to all physicians and health care providers and
similarly exposed personnel at all times.
Section 14. Penalties for unsafe practices and procedures. Any
person who knowingly or negligently causes another to get infected with HIV
in the course of the practice of his/her profession through unsafe and
unsanitary practice or procedure is liable to suffer a penalty of imprisonment
for six (6) years to twelve (12) years, without prejudice to the imposition of
administrative sanctions such as, but not limited to, fines and suspension or
revocation of the license to practice his/her profession. The permit or license
of any business entity and the accreditation of hospitals, laboratory, or
clinics may be cancelled or withdrawn if said establishments fail to maintain
such safe practices and procedures as may be required by the guidelines to
be formulated in compliance with Sec. 13 of this Act.
ARTICLE III
TESTING, SCREENING AND COUNSELLING
Sec. 15. Consent as a requisite for HIV testing. No compulsory HIV
testing shall be allowed. However, the State shall encourage voluntary
testing for individuals with a high risk for contracting HIV: Provided, That
written informed consent must first be obtained. Such consent shall be
obtained from the person concerned if he/she is of legal age or from the
parents or legal guardian in the case of a minor or a mentally incapacitated
individual. Lawful consent to HIV testing of a donated human body, organ,
tissue, or blood shall be considered as having been given when:
(a) a person volunteers or freely agrees to donate his/her blood,
organ, or tissue for transfusion, transplantation, or research;
(b) a person has executed a legacy in accordance with Sec. 3 of
Republic Act No. 7170, also known as the "Organ Donation Act of
1991";
(c) a donation is executed in accordance with Sec. 4 of Republic Act
No. 7170.
Section 16. Prohibitions on compulsory HIV testing. Compulsory
HIV testing as a precondition to employment, admission to educational
institutions, the exercise of freedom of abode, entry or continued stay in the
country, or the right to travel, the provision of medical service or any other
kind of service, or the continued enjoyment of said undertakings shall be
deemed unlawful.
Section 17. Exception to the prohibition on compulsory testing.
Compulsory HIV testing may be allowed only in the following instances:
a) When a person is charged with any of the crimes punishable
under Articles 264 and 266 as amended by Republic Act No. 8353,
335 and 338 of Republic Act No. 3815, otherwise known as
the "Revised Penal Code"or under Republic Act No. 7659;
b) When the determination of the HIV status is necessary to resolve
the relevant issues under Executive Order No. 309, otherwise known
as the "Family Code of the Philippines"; and
c) When complying with the provisions of Republic Act No. 7170,
otherwise known as the "Organ Donation Act" and Republic Act No.
7719, otherwise known as the "National Blood Services Act".
Section 18. Anonymous HIV testing. The State shall provide a
mechanism for anonymous HIV testing and shall guarantee anonymity and
medical confidentiality in the conduct of such tests.
Section 19. Accreditation of HIV Testing Centers. All testing centers,
hospitals, clinics, and laboratories offering HIV testing services are
mandated to seek accreditation from the Department of Health which shall
set and maintain reasonable accreditation standards.
Section 20. Pre-test and post-test counselling. All testing centers,
clinics, or laboratories which perform any HIV test shall be required to
provide and conduct free pre-test counselling and post-test counselling for
persons who avail of their HIV/AIDS testing services. However, such
counselling services must be provided only by persons who meet the
standards set by the DOH.
Section 21. Support for HIV Testing Centers. The Department of
Health shall strategically build and enhance the capabilities for HIV testing
of hospitals, clinics, laboratories, and other testing centers primarily, by
ensuring the training of competent personnel who will provide such services
in said testing sites.
ARTICLE IV
HEALTH AND SUPPORT SERVICES
Sec. 22. Hospital-based services. Persons with HIV/AIDS shall be
afforded basic health services in all government hospitals, without prejudice
to optimum medical care which may be provided by special AIDS wards and
hospitals.
Section 23. Community-based services. Local government units, in
coordination and in cooperation with concerned government agencies, non-
government organizations, persons with HIV/AIDS and groups most at risk
of HIV infection shall provide community-based HIV/AIDS prevention and
care services.
Section 24. Livelihood programs and trainings. Trainings for
livelihood, self-help cooperative programs shall be made accessible and
available to all persons with HIV/AIDS. Persons infected with HIV/AIDS shall
not be deprived of full participation in any livelihood, self-help and
cooperative programs for reason of their health conditions.
Section 25. Control of sexually transmitted diseases. The
Department of Health, in coordination and in cooperation with concerned
government agencies and non-government organizations shall pursue the
prevention and control of sexually transmitted diseases to help contain the
spread of HIV infection.
Section 26. Insurance for persons with HIV. The Secretary of Health,
in cooperation with the Commissioner of the Insurance Commission and
other public and private insurance agencies, shall conduct a study on the
feasibility and viability of setting up a package of insurance benefits and,
should such study warrant it, implement an insurance coverage program for
persons with HIV. The study shall be guided by the 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.
ARTICLE V
MONITORING
Sec. 27. Monitoring program. A comprehensive HIV/AIDS monitoring
program or "AIDSWATCH" shall be established under the Department of
Health to determine and monitor the magnitude and progression of HIV
infection in the Philippines, and for the purpose of evaluating the adequacy
and efficacy of the countermeasures being employed.
Section 28. Reporting procedures. All hospitals, clinics, laboratories,
and testing centers for HIV/AIDS shall adopt measures in assuring the
reporting and confidentiality of any medical record, personal data, file,
including all data which may be accessed from various data banks or
information systems. The Department of Health through its AIDSWATCH
monitoring program shall receive, collate and evaluate all HIV/AIDS related
medical reports. The AIDSWATCH data base shall utilize a coding system
that promotes client anonymity.
Section 29. Contact tracing. HIV/AIDS contact tracing and all other
related health intelligence activities may be pursued by the Department of
Health: Provided, That these do not run counter to the general purpose of
this Act: Provided, further, That any information gathered shall remain
confidential and classified, and can only be used for statistical and
monitoring purposes and not as basis or qualification for any employment,
school attendance, freedom of abode, or travel.
ARTICLE VI
CONFIDENTIALITY
Sec. 30. Medical confidentiality. All health professionals, medical
instructors, workers, employers, recruitment agencies, insurance
companies, data encoders, and other custodians of any medical record, file,
data, or test results are directed to strictly observe confidentiality in the
handling of all medical information, particularly the identity and status of
persons with HIV.
Section 31. Exceptions to the mandate of confidentiality. Medical
confidentiality shall not be considered breached in the following cases:
(a) when complying with reportorial requirements in conjunction
with the AIDSWATCH programs provided in Sec. 27 of this Act;
(b) when informing other health workers directly involved or about
to be involved in the treatment or care of a person with HIV/AIDS:
Provided, That such treatment or care carry the risk of HIV
transmission: Provided, further, That such workers shall be obliged
to maintain the shared medical confidentiality;
(c) when responding to a subpoena duces tecum and subpoena ad
testificandum issued by a Court with jurisdiction over a legal
proceeding where the main issue is the HIV status of an
individual: Provided, That the confidential medical record shall be
properly sealed by its lawful custodian after being double-checked
for accuracy by the head of the office or department, hand delivered,
and personally opened by the judge: Provided, further, That the
judicial proceedings be held in executive session.
Section 32. Release of HIV/AIDS test results. All results of HIV/AIDS
testing shall be confidential and shall be released only to the following
persons:
(a) the person who submitted himself/herself to such test;
(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 AIDSWATCH program as provided in Sec. 27 of this Act;
 (e) a justice of the Court of Appeals or the Supreme Court, as
provided under subSec. (c) of this Act and in accordance with the
provision of Sec. 16 hereof.
Section 33. Penalties for violations of confidentiality. Any violation
of medical confidentiality as provided in Sec.s 30 and 32 of this Act shall
suffer the penalty of imprisonment for six (6) months to four (4) years,
without prejudice to administrative sanctions such as fines and suspension
or revocation of the violator's license to practice his/her profession, as well
as the cancellation or withdrawal of the license to operate any business
entity and the accreditation of hospitals, laboratories or clinics.
Section 34. Disclosure to sexual partners. Any person with HIV is
obliged to disclose his/her HIV status and health condition to his/her spouse
or sexual partner at the earliest opportune time.
ARTICLE VII
DISCRIMINATORY ACTS AND POLICIES
Sec. 35. Discrimination in the workplace. Discrimination in any form
from pre-employment to post-employment, including hiring, promotion or
assignment, based on the actual, perceived or suspected HIV status of an
individual is prohibited. Termination from work on the sole basis of actual,
perceived or suspected HIV status is deemed unlawful.
Section 36. Discrimination in schools. No educational institution shall
refuse admission or expel, discipline, segregate, deny participation, benefits
or services to a student or prospective student on the basis of his/her actual,
perceived or suspected HIV status.
Section 37. Restrictions on travel and habitation. The freedom of
abode, lodging and travel of a person with HIV shall not be abridged. No
person shall be quarantined, placed in isolation, or refused lawful entry into
or deported from Philippine territory on account of his/her actual, perceived
or suspected HIV status.
Section 38. Inhibition from public service. The right to seek an
elective or appointive public office shall not be denied to a person with HIV.
Section 39. Exclusion from credit and insurance services. All credit
and loan services, including health, accident and life insurance shall not be
denied to a person on the basis of his/her actual, perceived or suspected
HIV status: Provided, That the person with HIV has not concealed or
misrepresented the fact to the insurance company upon application.
Extension and continuation of credit and loan shall likewise not be denied
solely on the basis of said health condition.
Section 40. Discrimination in hospitals and health institutions. No
person shall be denied health care service or be charged with a higher fee
on account of actual, perceived or suspected HIV status.
Section 41. Denial of burial services. A deceased person who had AIDS
or who was known, suspected or perceived to be HIV-positive shall not be
denied any kind of decent burial services.
Section 42. Penalties for discriminatory acts and policies. All
discriminatory acts and policies referred to in this Act shall be punishable
with a penalty of imprisonment for six (6) months to four (4) years and a
fine not exceeding Ten thousand pesos (P10,000.00). In addition,
licenses/permits of schools, hospitals and other institutions found guilty of
committing discriminatory acts and policies described in this Act shall be
revoked.
ARTICLE VIII
THE PHILIPPINE NATIONAL AIDS COUNCIL
Sec. 43. Establishment. The Philippine National AIDS Council (PNAC)
created by virtue of Executive Order No. 39 dated 3 December 1992 shall
be reconstituted and strengthened to enable the Council to oversee an
integrated and comprehensive approach to HIV/AIDS prevention and control
in the Philippines. It shall be attached to the Department of Health.
Section 44. Functions. The Council shall be the central advisory,
planning and policy-making body for the comprehensive and integrated
HIV/AIDS prevention and control program in the Philippines. The Council
shall perform the following functions:
(a) Secure from government agencies concerned recommendations
on how their respective agencies could operationalize specific
provisions of this Act. The Council shall integrate and coordinate
such recommendations and issue implementing rules and
regulations of this Act. The Council shall likewise ensure that there
is adequate coverage of the following:
(1) The institution of a nationwide HIV/AIDS information
and education program;
(2) The establishment of a comprehensive HIV/AIDS
monitoring system;
(3) The issuance of guidelines on medical and other
practices and procedures that carry the risk of HIV
transmission;
 (4) The provision of accessible and affordable HIV testing (5) The Secretary of the Department of Labor and Employment or
and counselling services to those who are in need of it; his representative;

(5) The provision of acceptable health and support services (6) The Secretary of the Department of Social Welfare and
for persons with HIV/AIDS in hospitals and in communities; Development or his representative;

(6) The protection and promotion of the rights of individuals (7) The Secretary of the Department of the Interior and Local
with HIV; and Government or his representative;

(7) The strict observance of medical confidentiality. (8) The Secretary of the Department of Justice or his representative;

(b) Monitor the implementation of the rules and regulations of this (9) The Director-General of the National Economic and Development
Act, issue or cause the issuance of orders or make recommendations Authority or his representative;
to the implementing agencies as the Council considers appropriate;
(10) The Secretary of the Department of Tourism or his
(c) Develop a comprehensive long-term national HIV/AIDS representative;
prevention and control program and monitor its implementation;
(11) The Secretary of the Department of Budget and Management
(d) Coordinate the activities of and strengthen working relationships or his representative;
between government and non-government agencies involved in the
campaign against HIV/AIDS; (12) The Secretary of the Department of Foreign Affairs or his
representative;
(e) Coordinate and cooperate with foreign and international
organizations regarding data collection, research and treatment (13) The Head of the Philippine Information Agency or his
modalities concerning HIV/AIDS; and representative;

(f) Evaluate the adequacy of and make recommendations regarding (14) The President of the League of Governors or his representative;
the utilization of national resources for the prevention and control
of HIV/AIDS in the Philippines.
(15) The President of the League of City Mayors or his
representative;
Section 45. Membership and composition. (a) The Council shall be
composed of twenty-six (26) members as follows:
(16) The Chairperson of the Committee on Health of the Senate of
the Philippines or his representative;
(1) The Secretary of the Department of Health;
(17) The Chairperson of the Committee on Health of the House of
(2) The Secretary of the Department of Education, Culture and Representatives or his representative;
Sports or his representative; (18) Two (2) representatives from organizations of medical/health
professionals;
(3) The Chairperson of the Commission on Higher Education or his
representative; (19) Six (6) representatives from non-government organizations
involved in HIV/AIDS prevention and control efforts or activities;
(4) The Director-General of the Technical Education and Skills and
Development Authority or his representative;
(20) A representative of an organization of persons dealing with
HIV/AIDS.
(b) To the greatest extent possible, appointment to the Council must ensure
sufficient and discernible representation from the fields of medicine,
education, health care, law, labor, ethics and social services;
(c) All members of the Council shall be appointed by the President of the
Republic of the Philippines, except for the representatives of the Senate and
the House of Representatives, who shall be appointed by the Senate
President and the House Speaker, respectively;
(d) The members of the Council shall be appointed not later than thirty (30)
days after the date of the enactment of this Act;
(e) The Secretary of Health shall be the permanent chairperson of the
Council; however, the vice-chairperson shall be elected by its members from
among themselves, and shall serve for a term of two (2) years; and
appropriate rules and regulations necessary for the implementation of this
Act.
Section 50. Separability clause. If any provision of this Act is declared
invalid, the remainder of this Act or any provision not affected thereby shall
remain in force and effect.
Section 51. Repealing clause. All laws, presidential decrees, executive
orders and their implementing rules inconsistent with the provisions of this
Act are hereby repealed, amended or modified accordingly.
Section 52. Effectivity. This Act shall take effect fifteen (15) days after
its publication in at least two (2) national newspapers of general circulation.

(f) For members representing medical/health professional groups and the

six (6) non-government organizations, they shall serve for a term of two (2)
years, renewable upon recommendation of the Council.

Section 46. Reports. The Council shall submit to the President and to
both Houses of Congress comprehensive annual reports on the activities and
accomplishments of the Council. Such annual reports shall contain
assessments and evaluation of intervention programs, plans and strategies
for the medium- and long-term prevention and control program on
HIV/AIDS in the Philippines.

Section 47. Creation of Special HIV/AIDS Prevention and Control

Service. There shall be created in the Department of Health a Special
HIV/AIDS Prevention and Control Service staffed by qualified medical
specialists and support staff with permanent appointment and supported
with an adequate yearly budget. It shall implement programs on HIV/AIDS
prevention and control. In addition, it shall also serve as the secretariat of
the Council.

Section 48. Appropriations. The amount of Twenty million pesos

(P20,000,000.00) shall be initially appropriated out of the funds of the
National Treasury. Subsequent appropriations shall be provided by Congress
in the annual budget of the Department of Health under the General
Appropriations Act.

ARTICLE IX
MISCELLANEOUS PROVISIONS

Sec. 49. Implementing rules and regulations. Within six (6) months
after it is fully reconstituted, the Council shall formulate and issue the

Act No. 3753
Law on Registry of Civil Status
Section 1. Civil Register. A civil register is established for recording the
civil status of persons, in which shall be entered: (a) births; (b) deaths; (c)
marriages; (d) annulments of marriages; (e) divorces; (f) legitimations; (g)
adoptions; (h) acknowledgment of natural children; (i) naturalization; and
(j) changes of name.
Section 2. Civil Registrar-General his duties and powers. The
director of the National Library shall be Civil Registrar-General and shall
enforce the provisions of this Act. The Director of the National Library, in his
capacity as Civil Registrar-General, is hereby authorized to prepare and
issue, with the approval of the Secretary of Justice, regulations for carrying
out the purposes of this Act, and to prepare and order printed the necessary
forms for its proper compliance. In the exercise of his functions as Civil
Registrar-General, the Director of the National Library shall have the power
to give orders and instructions to the local Civil registrars with reference to
the performance of their duties as such. It shall be the duty of the Director
of the National Library to report any violation of the provisions of this Act
and all irregularities, negligence or incompetency on the part of the officers
designated as local civil registrars to the (Chief of the Executive Bureau or
the Director of the Non-Christian Tribes) Secretary of the Interior, as the
case may be, who shall take the proper disciplinary action against the
offenders.
Section 3. Local Civil Registrars. Except in the City of Manila, where
the duties of local civil registrar shall be performed by the officer of the
Philippine Health Service designated by the Director of said service, the
Treasurers of the regular municipalities, municipal districts and cities shall
be local civil registrars of the respective municipalities, municipal districts
or cities and shall perform the duties imposed upon them by this Act without
extra compensation, in addition to their ordinary duties. In his capacity as
local civil registrar, the officer designated by the Director of the Health
Service as local civil registrar of Manila and the treasurers above mentioned
shall be under the direction and supervision of the Civil Registrar-General.
Section 4. Civil Register Books. The local registrars shall keep and
preserve in their offices the following books, in which they shall, respectively
make the proper entries concerning the civil status of persons:
1. Birth and death register;
2. Marriage register, in which shall be entered not only the marriages
solemnized but also divorces and dissolved marriages.
3. Legitimation, acknowledgment, adoption, change of name and
naturalization register.
Section 5. Registration and Certification of Birth. The declaration of the
physician or midwife in attendance at the birth or, in default thereof, the
declaration of either parent of the newborn child, shall be sufficient for the
registration of a birth in the civil register. Such declaration shall be exempt
from the documentary stamp tax and shall be sent to the local civil registrar
not later than thirty days after the birth, by the physician, or midwife in
attendance at the birth or by either parent of the newly born child.
In such declaration, the persons above mentioned shall certify to the
following facts: (a) date and hour of birth; (b) sex and nationality of infant;
(c) names, citizenship, and religion of parents or, in case the father is not
known, of the mother alone; (d) civil status of parents; (e) place where the
infant was born; (f) and such other data may be required in the regulation
to be issued.
In the case of an exposed child, the person who found the same shall report
to the local civil registrar the place, date and hour of finding and other
attendant circumstances.
In case of an illegitimate child, the birth certificate shall be signed and sworn
to jointly by the parents of the infant or only the mother if the father refuses.
In the latter case, it shall not be permissible to state or reveal in the
document the name of the father who refuses to acknowledge the child, or
to give therein any information by which such father could be identified.
Any fetus having human features which dies after twenty four hours of
existence completely disengaged from the maternal womb shall be entered
in the proper registers as having been born and having died.
Section 6. Death certificate and register. No human body shall be
buried unless the proper death certificate has been presented and recorded
in the office of the local civil registrar. The physician who attended the
deceased or, in his default the health officer concerned, or in default of the
latter, any member of the family of the deceased or any person having
knowledge of the death, shall report the same to the local health authorities,
who shall issue a death certificate and shall order the same to be recorded
in the office of the local civil registrar. The death certificate, which shall be
issued by the attending physician of the deceased or, in his default, by the
proper health officer, shall contain the following data be furnished by the
person reporting the death; (a) date and place of death; (b) full name, (c)
age, (d) sex, (e) occupation or profession, (f) residence; (g) status as
regards marriage, (h) nationality of the deceased, and (i) probable cause of
death.
During epidemics, bodies may be buried provided the proper death
certificates have been secured, which shall be registered not later than five
days after the burial of the body.
Section 7. Registration of marriages. All civil officers and priests or
ministers authorized to solemnize marriages shall send a copy of each
marriage contract solemnized by them to the local civil registrar within the
time limit specified in the existing Marriage Law.
In cases of divorce and annulment of marriage, it shall be the duty of the
successful petitioner for divorce or annulment of marriage to send a copy of
the final decree of the court to that local civil registrar of the municipality
where the dissolved or annulled marriage was solemnized.
In the marriage register there shall be entered the full name and address of
each of the contracting parties, their ages, the place and date of the
solemnization of the marriage, the names and addresses of the witnesses,
the full name, address, and relationship of the minor contracting party or
parties or the person or persons who gave their consent to the marriage,
and the full name, title, and address of the person who solemnized the transcripts or copies of any certificate or document registered upon payment
marriage. of proper fees; (d) order the binding, properly classified, of all certificates
In cases of divorce or annulment of marriages, there shall be recorded the or documents registered during the year; (e) send to the Civil Registrar-
names of the parties divorced or whose marriage was annulled, the date of General, during the first ten days of each month, a copy of the entries made
the decree of the court, and such other details as the regulations to be during the preceding month for filing; (f) index the same to facilitate search
issued may require. and identification in case any information is required, and (g) administer
Section 8. Registration of legitimations by subsequent marriage. oaths, free of charge, for civil register purposes.
The acknowledgment of the children legitimated by subsequent marriage, Section 13. Documents registered are public documents. The books
referred to in article one hundred and twenty-one of the Civil Code, may be making up the civil register and all documents relating thereto shall be
recorded in the legitimation register, entering: (a) The names of the considered public documents and be prima facie evidence of the truth of the
parents; (b) that at the time when the children were conceived, the facts therein contained. They shall be open to the public during office hours
aforesaid parents could have contracted marriage, and that they actually and shall be kept in a suitable safe which shall be furnished to the local civil
contracted marriage, stating the date and place when such marriage was registrar at the expense of the general fund of the municipality concerned.
solemnized, the minister who officiated, and the civil register where such The local registrar shall not under any circumstances permit any document
marriage was recorded; (c) the names of the children legitimated with entrusted to his care to be removed from his office, except by order of a
reference to their birth certificates. court, in which case the proper receipt shall be taken. The local civil registrar
Section 9. Registration of acknowledgment by public instrument. may issue certified copies of any document filed, upon payment of the
Any voluntary acknowledgment by the natural parents or by only one of proper fees required in this Act.
them by public instrument, shall be recorded in the acknowledgment Section 14. Expenses and fees of the office of the civil registrar. All
register of the civil registrar of the municipality where the decree was issued. expenses in connection with the establishment of local civil registers shall
The names of the interested parties and such other data as may be required be paid out of municipal funds, and for this purpose, municipal councils and
by the regulations to be issued shall be entered in register. boards shall make the necessary appropriation out of their available general
It shall be the duty of the natural parents whose voluntary acknowledgment funds:
was may be means of a public instrument to send a certified copy thereof For the registration of documents and for certified copies of documents on
to the local civil registrar of the municipality in the civil register whereof the file in the local civil registrars office, fees shall be charged in accordance
birth of the acknowledged child was recorded, not later than twenty days with the following schedule:
after the execution of such instrument, for the registration thereof. For registration of legitimations P2.00
Section 10. Registrations of adoptions, changes of name, and For registration of an adoption 2.00
naturalization. In cases of adoptions, changes of name, and For registration of an annulment of marriage 10.00
naturalization, it shall be the duty of the interested parties or petitioners to For registration of a divorce 10.00
register the same in the local civil registrar of the municipality where the For registration of naturalization 20.00
birth of the acknowledged child was registered setting forth the following For registration of a change of name 2.00
data: (a) full name of the natural child acknowledged; (b) age; (c) date and For certified copies of any documents in the register, for each one hundred
place of birth; (d) status as to marriage, and residence of the child words 20.00
acknowledged; (e) full name of the natural father or mother who makes the The Civil Registrar General or any local civil registrar may issue certified
acknowledgment; (f) full name of the notary public before whom the copies of documents free of charge for official use or at the request of a
document was acknowledged; (g) full names of witnesses to document; (h) competent court. All fees collected for such purposes shall accrue to the
date and place of acknowledgment of said document and entry and page general fund of the municipality concerned.
number of the notarial register in which the name was recorded. Section 15. Preservation of present register books. All birth, death
Section 11. Duties of clerks of Court to register certain decisions. and marriage registers and other papers relating thereto at present in the
In cases of legitimation, acknowledgment, adoption, naturalization and keeping of the municipal secretaries or the clerk of the Municipal Court of
change of given or family name, or both, upon the decree which issued the Manila shall be transferred by the same to the officers acting as local civil
decree to ascertain whether the same has been registered, and if this has registrars in each city or municipality and shall form part of the archives of
not been done, to have said decree recorded in the office of the civil registrar the latter.
of the municipality where the court is functioning. Section 16. False statement. Any person who shall knowingly make
Section 12. Duties of local civil registrar. Local civil registrars shall false statement in the forms furnished and shall present the same for entry
(a) file registrable certificates and documents presented to them for entry; in the civil register, shall be punished by imprisonment for not less than one
(b) complete the same monthly and prepare and send any information month nor more than six months, or by a fine of not less than two hundred
required of them by the Civil Registrar-General; (c) issue certified pesos nor more than five hundred or both, in the discretion of the court.
Section 17. Failure to report. Other violations. Any person whose
duty is to report any fact concerning the civil status of persons and who
knowingly fails to perform such duty, and any person convicted of having
violated any of the provisions of this Act shall be punished by a fine of not
less than ten pesos nor more than two hundred.
Section 18. Neglect of duty with reference to the provisions of this
Act. Any local registrar who fails properly to perform his duties in
accordance with the provisions of this Act and of the regulations issued
hereunder, shall be punished for the first offense, by an administrative fine
in a sum equal to his salary for not less than fifteen days nor more than
three months, and for a second or repeated offense, by removal from the
service.
Section 19. Application of this Act to the special provinces. The
Director of the National Library, in his capacity as Civil Registrar-General, is
hereby authorized upon recommendation of the (Director of Bureau of Non-
Christian Tribes) Secretary of the Interior, to designate the municipalities in
the specially organized provinces where the provisions of this Act shall be
applied.
Section 20. Transitory provisions. All rights, duties and powers
established by Act Numbered thirty-six hundred and thirteen, entitled the
Marriage Law, with the reference to the procedure for the issuance of the
marriage license prior to the solemnization of marriage, the registration, of
marriages, and the filing of the documents in connection therewith,
conferred and imposed by said Act upon the clerk of the Municipal Court of
Manila and the municipal secretaries, are hereby transferred to the officer
of the Health Service in accordance with section three of this Act, and to the
municipal treasurers, respectively, in their capacity as local registrars.
All duties and powers established by subsections (d) and (e) of section
twenty-one hundred and twelve of the Administrative Code, imposed and
conferred by said section upon the municipal secretaries, are hereby
likewise transferred to the municipal treasurers in their capacity as local
civil registrars.

Section 21. All acts or parts of acts inconsistent herewith are hereby

repealed.

Section 22. This Act shall take effect three months after its approval.

Approved, November 26, 1930.


Republic Act No. 9257 February 26, 2004
AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO
SENIOR CITIZENS AMENDING FOR THE PURPOSE REPUBLIC ACT NO.
7432, OTHERWISE KNOWN AS "AN ACT TO MAXIMIZE THE
CONTRIBUTION OF SENIOR CITIZENS TO NATION BUILDING,
GRANT BENEFITS AND SPECIAL PRIVILEGES AND FOR OTHER
PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:
SECTION 1. This Act shall be known as the "Expanded Senior Citizens Act
of 2003."
SECTION 2. Republic Act. No. 7432 is hereby amended to read as follows:
"SECTION 1. Declaration of Policies and Objectives. Pursuant to
Article XV, Section 4 of the Constitution, it is the duty of the family
to take care of its elderly members while the State may design
programs of social security for them. In addition to this, Section 10
in the Declaration of Principles and State Policies provides: "The
State shall provide social justice in all phases of national
development." Further, Article XIII, Section 11 provides: " The State
shall adopt an integrated and comprehensive approach to health and
other social services available to all the people at affordable cost.
There shall be priority for the needs of the underpriviledged, sick,
elderly, disabled, women and children." Consonant with these
constitution principles the following are the declared policies of this
"SEC. 2. Definition of Terms. For purposes of this Act, these terms
Act:
are defined as follows:
(a) To motivate and encourage the senior citizens to
contribute to nation building;
(b) To encourage their families and the communities they
live with to reaffirm the valued Filipino tradition of caring for
the senior citizens;
(c) To give full support to the improvement of the total well-
being of the elderly and their full participation in society
considering that senior citizens are integral part of Philippine
society;
(d) To recognize the rights of senior citizens to take their
proper place in society. This must be the concern of the
family, community, and government;
(e) To provide a comprehensive health care and
rehabilitation system for disabled senior citizens to foster
their capacity to attain a more meaningful and productive
ageing; and
(f) To recognize the important role of the private sector in
the improvement of the welfare of senior citizens and to
actively seek their partnership.
In accordance with these policies, this Act aims to:
(1) establish mechanism whereby the contribution
of the senior citizens are maximized;
(2) adopt measures whereby our senior citizens are
assisted and appreciated by the community as a
whole;
(3) establish a program beneficial to the senior
citizens, their families and the rest of the community
that they serve; and
(4) establish community-based health and
rehabilitation programs in every political unit of
society."
(a) "Senior citizen" or "elderly" shall mean any resident
citizen of the Philippines at least sixty (60) years old;
(b) "Benefactor" shall mean any person whether related to
the senior citizens or not who takes care of him/her as a
dependent;
(c) "Head of the family" shall mean any person so defined
in the National Internal Revenue Code, as amended; and
(d) "Geriatrics" shall refer to the branch of medical science
devoted to the study of the biological and physical changes
and the diseases of old age."
"SEC. 3. Contribution to the Community. Any qualified senior
citizen as determined by the Office for Senior Citizens Affairs (OSCA)
may render his/her services to the community which shall consist
of, but not limited to, any of the following:
(a) Tutorial and/or consultancy services;
(b) Actual teaching and demonstration of hobbies and
income generating skills;
(c) Lectures on specialized fields like agriculture, health,
environment protection and the like;
(d) The transfer of new skills acquired by virtue of their
training mentioned in Section 4, paragraph (d); and
(e) Undertaking other appropriate services as determined
by the Office for Senior Citizens Affairs (OSCA) such as
school traffic guide, tourist aide, pre-school assistant, etc.
In consideration of the services rendered by the qualified elderly,
the Office for Senior Citizens Affairs (OSCA) may award or grant
benefits or privileges to the elderly, in addition to the other
privileges provided for under this Act."
"SEC. 4. Privileges for the Senior Citizens. The senior citizens shall
be entitled to the following:
(a) the grant of twenty percent (20%) discount from all
establishments relative to the utilization of services in hotels
and similar lodging establishment, restaurants and
recreation centers, and purchase of medicines in all
establishments for the exclusive use or enjoyment of senior
citizens, including funeral and burial services for the death
of senior citizens;
(b) a minimum of twenty percent (20%) discount on
admission fees charged by theaters, cinema houses and
concert halls, circuses, carnivals, and other similar places of
culture, leisure and amusement for the exclusive use or
enjoyment of senior citizens;
(c. exemption from the payment of individual income taxes:
Provided, That their annual taxable income does not exceed
the poverty level as determined by the National Economic
and Development Authority (NEDA) for that year;
(d) exemption from training fees for socioeconomic
programs;
(e) free medical and dental service, diagnostic and
laboratory fees such as, but not limited to, x-rays,
computerized tomography scans and blood tests, in all
government facilities, subject to the guidelines to be issued
by the Department of Health in coordination with the
Philippine Health Insurance Corporation (PHILHEALTH);
(f) the grant of twenty percent (20%) discount on medical
and dental services, and diagnostic and laboratory fees
provided under Section 4 (e) hereof, including professional
fees of attending doctors in all private hospitals and medical
facilities, in accordance with the rules and regulations to be
issued by the Department of Health, in coordination with the
Philippine Health Insurance Corporation;
(g) the grant of twenty percent (20%) discount in fare for
domestic air and sea travel for the exclusive use or
enjoyment of senior citizens;
(h) the grant of twenty percent (20%) discount in public
railways, skyways and bus fare for the exclusive use and
enjoyment of senior citizens;
(i) educational assistance to senior citizens to pursue post
secondary, tertiary, post tertiary, as well as vocational or
technical education in both public and private schools
through provision of scholarship, grants, financial aid
subsidies and other incentives to qualified senior citizens,
including support for books, learning materials, and uniform
allowance, to the extent feasible: Provided, That senior
citizens shall meet minimum admission requirement;
(j) to the extent practicable and feasible, the continuance of
the same benefits and privileges given by the Government
Service Insurance System (GSIS), Social Security System
(SSS) and PAG-IBIG, as the case may be, as are enjoyed by
those in actual service.
(k) retirement benefits of retirees from both the
government and private sector shall be regularly reviewed
to ensure their continuing responsiveness and
sustainability, and to the extent practicable and feasible,
shall be upgraded to be at par with the current scale enjoyed
by those in actual service.
 (l) to the extent possible, the government may grant special
discounts in special programs for senior citizens on purchase
of basic commodities, subject to the guidelines to be issued
for the purpose by the Department of Trade and Industry
(DTI) and the Department of Agriculture (DA); and
(m) provision of express lanes for senior citizens in all
commercial and government establishments; in the absence
thereof, priority shall be given to them.
In the availment of the privileges mentioned above, the senior
citizen or elderly person may submit as proof of his/her entitlement
thereto any of the following:
(a) an ID issued by the city or municipal mayor or of the
barangay captain of the place where the senior citizen or the
elderly resides;
(b) the passport of the elderly person or senior citizen
concerned; and
(c) other documents that establish that the senior citizen or
elderly person is a citizen of the Republic and is at least sixty
(60) years of age.
The establishment may claim the discounts granted under (a), (f),
(g) and (h) as tax deduction based on the net cost of the goods sold
or services rendered: Provided That the cost of the discount shall be
allowed as deduction from gross income for the same taxable year
that the discount is granted. Provided, further, That the total
amount of the claimed tax deduction net of value added tax if
applicable, shall be included in their gross sales receipts for tax
purposes and shall be subject to proper documentation and to the
provisions of the National Internal Revenue Code, as amended."
"SEC. 5. Government Assistance. The Government shall provided
the following:
(a) Employment
Senior citizens who have the capacity and desire to work, or
be re-employed, shall be provided information and matching
services to enable them to be productive members of
society. Terms of employments shall conform with the
provisions of the labor code, as amended, and other laws,
rules and regulations.
Private entities that will employ senior citizens as employees
upon effectivity of this Act, shall be entitled to an additional
deduction from their gross income, equivalent to fifteen
percent (15%) of the total amount paid as salaries and
wages to senior citizens subject to the provision of Section
34 of the National Internal Revenue Code, as
amended: Provided, however, That such employment shall
continue for a period of at least six (6) months: Provider,
further, that the annual income of a senior citizen does not
exceed he poverty level as determined by the National
Economic and Development Authority (NEDA) for that year.
The Department of Labor and Employment (DOLE), in
coordination with other government agencies such as, but
not limited to, the Technology and Livelihood Resource
Center (TLRC) and the Department and Trade and Industry
(DTI), shall assess, design and implement training programs
that will provide skills and welfare or livelihood support for
senior citizens.
(b) Education
The Department of Education (DepEd), Technical Education
and Skill Development Authority (TESDA) and the
Commission and Higher Education (CHED), in consultation
of non-government organizations (NGOs) and people's
organizations (Pos) for senior citizen, shall institute a
program that will ensure access to formal and non-formal
education.
(c ) Health
The Department of Health (DOH), in coordination with local
government units (LGUs), non-government organizations
(NGOs) and people's organizations (Pos) for senior citizens,
shall institute a national health program and shall provide
an integrated health service for senior citizens. It shall train
community-based health workers among senior citizens and
health personnel to specialize in the geriatric care health
problems of senior citizens.
(d) Social Services
The Department of Social Welfare and Development
(DSWD), in cooperation with the Office for Senior Citizen
affairs (OSCA) and the local government units, non-
government organizations and peoples organizations for
senior citizens, shall develop and implement programs on
social services for senior citizens, the components of which
are:
(1) "self and social enhancement services" which
provide senior citizens opportunities for socializing,
organizing, creative expression, and improvement
of self;
(2)" after care and follow-up services" which provide
senior citizen who are discharged from the
home/institutions for the aged, especially those who
have problems of reintegration with family and
community, wherein both the senior citizens and
their families are provided with counseling;
(3)"neighborhood support services: wherein the
community/family members provide care giving
services to their frail, sick, or bedridden senior
citizens; and
(4) "substitute family care" in the form of residential
care/group homes for
the abandoned, neglected, unattached or homeless
senior citizens and those incapable of self-care.
The grant of at least fifty percent (50%) discount for
the consumption of electricity, water and telephone
by the senior citizens center and residential
care/group homes that are non-stock, non-profit
domestic corporation organized and operated
exclusively for the purpose of promoting of well-
being of abandoned, neglected, unattached, or
homeless senior citizens.
(e) Housing
The national government shall include in its national shelter
program the special housing needs of senior citizens, such
as establishment of housing units for the elderly;
(f) Access to Public Transport
The Department of Transportation and Communication
(DOTC) shall develop a program to assist senior citizens to
fully gain access in the use of public transport facilities.
Further, the government shall provide the following
assistance to those caring for and living with the senior
citizens:
(a)The senior citizen shall be treated as dependents
provided for in the National Inter Revenue Code, as
amended, and as such, individual taxpayers caring for them,
be they relatives or not shall be accorded the privileges
granted by the Code insofar as having dependents are
concerned.
(b)Individuals or non-government institutions establishing
homes, residential communities or retirement villages solely
for the senior citizens shall be accorded the following:
(1) realty tax holiday for the first five (5) years
starting from the first year of operation;
(2) priority in the building and/or maintenance of
the provincial or municipal roads leading to the
aforesaid home, residential community or
retirement village."
"SEC. 6. The Office for Senior Citizens Affairs (OSCA). There shall
be established in all cities and municipalities an OSCA to be headed
by a senior citizen who shall be appointed by the mayor for
a term of three (3) years without reappointment from a list of three
(3) nominees of the sangguniang panlungsod or the sangguniang
bayan. The head of the OSCA shall be assisted by the City Social
Welfare and Development Officer or the municipal social welfare and
development officer, in coordination with the Social Welfare and
Development Office.
The Office of the Mayor shall exercise supervision over the OSCA
relative to their plans, activities and programs for senior citizens.
The OSCA shall work together and establish linkages with accredited
NGOs, Pos, and the barangays in their respective areas.
The office for senior citizens affairs shall have the following
functions:
 (a) To plan, implement and monitor yearly work programs
in pursuance of the objectives of this Act;
(b) To draw up a list of available and required services which
can provided by the senior citizens;
(c) To maintain and regularly update on a quarterly basis
the list of senior citizens and to issue nationally uniform
individual identification cards, free of charge, which be valid
anywhere in the country;
(d) To service as a general information and liaison center to
serve the needs of the senior citizens;
(e) To monitor compliance of the provisions of this Act
particularly the grant of special discounts and privileges to
senior citizens;
(f) To report to the mayor, establishment found violating
any provision of this Act; and
(g) To assist the senior citizens in filing complaints or
charges against any establishment, institution, or agency
refusing to comply with the privileges under this Act before
the Department of Justice or the provincial, city or municipal
trial court."
"SEC. 7. Municipal/ City Responsibility. It shall be the
responsibility of the municipal/city through the mayor to require all
establishment covered by this Act to prominently display posters,
stickers, and other notices that will generate public awareness of
the right and privileges of senior citizens and to ensure that the
provisions of this Act are implemented to its fullest."
"SEC. 8. Partnership of the National and Local Government Units.
The national government and local government units shall explore
livelihood opportunities and other undertaking to enhance the well-
being of senior citizens. The shall encourage the establishment of
grassroots organizations for the elderly in their respective territorial
jurisdictions."
"SEC. 9 Support for Non-Governmental Organizations (NGOs).
Non-governmental organizations or private volunteer organizations
dedicated to the promotions, enhancement and support of the
welfare of senior citizens are hereby encouraged to become partners
of government in the implementation of program and projects for
the elderly.
According, the government shall recognize the vital role of NGOs in
complementing the government in the delivery of services to senior
citizens. It shall likewise encourage NGOs for the senior citizens to
develop innovative service models and pilots projects and to assist
in the duplication of successful examples of these models elsewhere
in the country.
"SEC. 10. Penalties. Any person who violates any provision of this
Act shall suffer the following penalties:
(1) For the first violation, a fine of not less than Fifty
thousand pesos (P50,000.00) but not exceeding One
hundred thousand pesos (P100,000.00) and imprisonment
of not less than six (6) months but not more than two (2)
years; and
(2) For any subsequent violation, a fine of not less than One
hundred thousand pesos (P100,000.00) but exceeding Two
hundred thousand pesos (P200,000.00) and imprisonment
for not less than two (2) years but not less than six (6)
years.
Any person who abuses the privileges granted herein shall be
punished with a fine of not less than Five thousand pesos
(P5,000.00) but not more than Fifty thousand pesos (P50,000.00),
and imprisonment of not less than six (6) months.
If the offender is a corporation, organization or any similar entity,
the official thereof directly involved shall be liable therefore.
If the offender is an alien or a foreigner, he shall be deported
immediately after service of sentence without further deportation
proceedings.
Upon filling an appropriate complaint, and after due notice and
hearing, the proper authorities may also cause the cancellation or
revocation of the business permit, permit to operate, franchise and
other similar privileges granted to any business entity that fails to
abide by the provisions of this Act."
"SEC. 11. Monitoring and Coordinating Mechanism. A monitoring
and coordinating mechanism shall be established to be chaired by
the DSWD, with the assistance of the Department of Justice (DOJ),
Department of Health (DOH), Department of the Interior and Local Thereafter, any such sum as shall be needed for the regular
Government (DILG), and five (5) accredited NGOs representing but implementation of this Act shall be included in subsequent General
not limited to, women, urban poor, rural poor, and the veterans." Appropriations Act following its enactment into law."

"SEC. 12. Implementing Rules and Regulations. The Secretary of
Social Welfare and Development, within sixty (60) days from the
approval of this Act, shall promulgate the implementing, rules and
regulations for the effective implementation of the provisions of this
Act. In consultation and coordination with the following agencies and
offices:
(a) Department of Health;
SECTION 3. All laws, presidential decrees, executive orders and rules and
regulations or part thereof, contrary to, or inconsistent with the provisions
of this Act, are hereby repealed or modified accordingly.
SECTION 4. Should any provision of this Act be found unconstitutional by
a court of law, such provision shall be severed from the remainder of this
Act, and such action shall not affect the enforceability of the remaining
provisions of this Act.

(b) Department of Labor and Employment; SECTION 5. This Act shall take effect fifteen (15) days after its complete
publication in any two (2) national newspapers of general circulation.
(c) Department of Education;

(d) Depart of Transportation and Communications;

(e) Department of Justice;

(f) Department of Interior and Local Government;

(g) Department of Trade and Industry;

(h) Department of Finance;

(i) Commission of Higher Education;

(j) Technical Education and Skills Development Authority;

(k) National Economic and Development Authority;

(l) Housing and Urban Development Coordinating Council;

and

(m) Five (5) non-governmental organizations of people's

organizations for the senior citizens duly accredited by the
DSWD."

SEC. 13. Appropriation. The necessary appropriation for the

operation and maintenance of the OSCA shall be appropriated and
approved by the local government units concerned. The amount
necessary to carry out the provisions of this Act upon its effectivity
shall be charged out of the funds of the Office of the President.

Republic Act No. 7170 January 7, 1992
AN ACT AUTHORIZING THE LEGACY OR DONATION OF ALL OR PART
OF A HUMAN BODY AFTER DEATH FOR SPECIFIED PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled::
Section 1. Title. This Act shall be known as the "Organ Donation Act
of 1991".
Section 2. Definition of Terms. As used in this Act the following terms
shall mean:
(a) "Organ Bank Storage Facility" - a facility licensed, accredited or
approved under the law for storage of human bodies or parts
thereof.
(b) "Decedent" - a deceased individual, and includes a still-born
infant or fetus.
(c) "Testator" - an individual who makes a legacy of all or part of
his body.
(d) "Donor" - an individual authorized under this Act to donate all or
part of the body of a decedent.1awphilalf
(e) "Hospital" - a hospital licensed, accredited or approval under the
law, and includes, a hospital operated by the Government.
(f) "Part" - includes transplantable organs, tissues, eyes, bones,
arteries, blood, other fluids and other portions of the human body.
(g) "Person" - an individual, corporation, estate, trust, partnership,
association, the Government or any of its subdivisions, agencies or
instrumentalities, including government-owned or -controlled
corporations; or any other legal entity.
(h) "Physician" or "Surgeon" - a physician or surgeon licensed or
authorized to practice medicine under the laws of the Republic of
the Philippines.
(i) "Immediate Family" of the decedent - the persons enumerated
in Section 4(a) of this Act.
(j) "Death" - the irreversible cessation of circulatory and respiratory
functions or the irreversible cessation of all functions of the entire
brain, including the brain stem. A person shall be medically and
legally dead if either:1awphilalf
(1) In the opinion of the attending physician, based on the
acceptable standards of medical practice, there is an
absence of natural respiratory and cardiac functions and,
attempts at resuscitation would not be successful in
restoring those functions. In this case, death shall be
deemed to have occurred at the time these functions
ceased; or
(2) In the opinion of the consulting physician, concurred in
by the attending 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 resorting such natural functions. In this case, death shall
be deemed to have occurred at the time when these
conditions first appeared.
The death of the person shall be determined in accordance with the
acceptable standards of medical practice and shall be diagnosed separately
by the attending physician and another consulting physician, both of whom
must be appropriately qualified and suitably experienced in the care of such
parties. The death shall be recorded in the patient's medical record.
Section 3. Person Who May Execute A Legacy. Any individual, at least
eighteen (18) years of age and of sound mind, may give by way of legacy,
to take effect after his death, all or part of his body for any purpose specified
in Section 6 hereof.
Section 4. Person Who May Execute a Donation.
(a) Any of the following, person, in the order of property stated
hereunder, in the absence of actual notice of contrary intentions by
the decedent or actual notice of opposition by a member of the
immediate family of the decedent, may donate all or any part of the
decedent's body for any purpose specified in Section 6 hereof:
(1) Spouse;
 (2) Son or daughter of legal age;
(3) Either parent;
(4) Brother or sister of legal age; or
(5) Guardian over the person of the decedent at the time of
his death.
(b) The persons authorized by sub-section (a) of this Section may
make the donation after or immediately before death.
Section 5. Examination of Human Body or Part Thereof . A legacy of
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.
For purposes of this Act, an autopsy shall be conducted on the cadaver of
accident, trauma, or other medico-legal cases immediately after the
pronouncement of death, to determine qualified and healthy human organs
for transplantation and/or in furtherance of medical science.
Section 6. Persons Who May Become Legatees or Donees. The
following persons may become legatees or donees of human bodies or parts
thereof for any of the purposes stated hereunder:
(a) Any hospital, physician or surgeon - For medical or dental
education, research, advancement of medical or dental science,
therapy or transplantation;
(b) Any accredited medical or dental school, college or university -
For education, research, advancement of medical or dental science,
or therapy;
(c) Any organ bank storage facility - For medical or dental education,
research, therapy, or transplantation; and
(d) Any specified individual - For therapy or transplantation needed
by him.
Section 7. Duty of Hospitals. A hospital authorized to receive organ
donations or to conduct transplantation shall train qualified personnel and
their staff to handle the task of introducing the organ donation program in
a humane and delicate manner to the relatives of the donor-decedent
enumerated in Section 4 hereof. The hospital shall accomplish the necessary
form or document as proof of compliance with the above requirement.
Section 8. Manner of Executing a Legacy.
(a) Legacy of all or part of the human body under Section 3 hereof
may be made by will. The legacy becomes effective upon the death
of the testator without waiting for probate of the will. If the will is
not probated, or if it is declared invalid for testamentary purposes,
the legacy, to the extent that it was executed in good faith, is
nevertheless valid and effective.
(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 death of the testator and shall be respected
by and binding upon his executor or administrator, heirs, assigns,
successors-in-interest and all members of the family. The
document, which may be a card or any paper designed to be carried
on a person, must be signed by the testator in the presence of two
witnesses who must sign the document in his presence. If the
testator cannot 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 presence of the testator.
Delivery of the document of legacy during the testator's lifetime is
not necessary to make the legacy valid.
(c) The legacy may be made to a specified legatee or without
specifying a legatee. If the legacy is made to a specified legatee who
is not available at the time and place of the testator's death, the
attending physician or surgeon, in the 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 legacy may
be accepted by the attending physician or surgeon as legatee upon
or following the testator's death. The physician who becomes a
legatee under this subsection shall not participate in the procedures
for removing or transplanting a part or parts of the body of the
decedent.
(d) The testator may designate in his will, card or other document,
the surgeon or physician who will carry out the appropriate
procedures. In the absence of a designation, or if the designee is
not available, the legatee or other persons authorized to accept the
legacy may authorize any surgeon or physician for the purpose.
Section 9. Manner of Executing a Donation. Any donation by a person
authorized 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 of the 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 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.
In all donations, the death of a person from whose body an 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 should 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 the receipt of the organ to be
removed; nor
(c) The head of hospital or the designated officer authorizing the
removal of the organ.
Section 10. Person(s) Authorized to Remove Transplantable
Organs. 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.
Section 11. Delivery of Document of Legacy or Donation. If the
legacy or donation is made to a specified legatee or donee, the will, card or
other document, or an executed copy thereof, may be delivered by the
testator or donor, or is authorized representative, to the legatee or donee
to expedite the appropriate procedures immediately after death. The will,
card or other document, or an executed copy thereof, may be deposited in
any 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 upon or after the testator's death, the person in possession shall
produce the document of legacy or donation for verification.
Section 12. Amendment or Revocation of Legacy or Donation.
a) If he will, card or other document, or an executed copy thereof,
has been delivered to a specific legatee or donee, the testator or
donor may amend or revoke the legacy or donation either by:
(1) The execution and delivery to the legatee or donee of a
signed statement to that effect; or
(2) An oral statement to that effect made in the presence of
two other persons and communicated to the legatee or
donee; or
(3) A statement to that effect during a terminal illness or
injury addressed to an attending physician and
communicated to the legatee or donee; or
(4) A signed card or document to that effect found on the
person or effects of the testator or donor.
(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 in the manner provided in
subsection (a) of this Section or by destruction, cancellation or
mutilation of the document and all executed copies thereof.
Any legacy made by a will may also be amended or revoked in the
manner provided for amendment or revocation of wills, or as
provided in subsection (a) of this Section.
Section 13. Rights and Duties After Death.
(a) The legatee or donee may accept or reject the legacy or donation
as the case may be. If the legacy of 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 removal of the part, avoiding
unnecessary mutilation. After removal of the part, 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.
(b) Any person who acts in good faith in accordance with the terms
of this Act shall not be liable for damages in any civil action or
subject to prosecution in any criminal proceeding of this Act.
Section 14. International Sharing of Human Organs or Tissues.
Sharing of human organs or tissues shall be made only through exchange
programs duly approved by the Department of Health: Provided, That
foreign organ or tissue bank storage facilities and similar establishments
grant reciprocal rights to their Philippine counterparts to draw organs or
tissues at any time.
Section 15. Information Drive. In order that the public will obtain the
maximum benefits from this Act, the Department of Health, in cooperation
with institutions, such as the National Kidney Institute, civic and non-
government health organizations and other health related agencies,
involved in the donation and transplantation of human organs, shall
undertake a public information program.

The Secretary of Health shall endeavor to persuade all health professionals,

both government and private, to make an appeal for human organ donation.

Section 16. Rules and Regulations. The Secretary of Health, after

consultation with all health professionals, both government and private, and
non-government health organizations shall promulgate such rules and
regulations as may be necessary or proper to implement this Act.

Section 17. Repealing Clause. All laws, decrees, ordinances, rules and
regulations, executive or administrative orders, and other presidential
issuance inconsistent with this Act, are hereby repealed, amended or
modified accordingly.

Section 18. Separability Clause. The provisions of this Act are hereby
deemed separable. If any provision hereof should be declared invalid or
unconstitutional, the remaining provisions shall remain in full force and
effect.

Section 19. Effectivity. This Act shall take effect after fifteen (15) days
following its publication in the Official Gazette or at least two (2) newspapers
of general circulation.

Approved: January 7, 1992

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

[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.
(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.

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

PRESIDENTIAL DECREE No. 766 August 8, 1975
AMENDING SECTIONS 2 AND 5 OF PRESIDENTIAL DECREE NO. 651,
DATED JANUARY 31, 1975, ENTITLED "REQUIRING THE
REGISTRATION OF BIRTHS AND DEATHS IN THE PHILIPPINES
WHICH OCCURRED FROM JANUARY 1, 1974 AND THEREAFTER" AND
EXTENDING THE PERIOD OF REGISTRATION UP TO DECEMBER 31,
1975
WHEREAS, Sections 2 and 5 of Presidential Decree No. 651, requires
unregistered births and deaths which occurred from January 1, 1974 up to
the date when said decree becomes effective, to be registered in the Office
of the Local Civil Registrar of the place where the event occurred within sixty
(60) days from March 16 to May 16, 1975, without fine or fee of any kind;
WHEREAS, the same sections of said decree also provide that all births and
deaths occurring after the effectivity of said decree must be registered
within thirty (30) days from date of occurrence, without fee or fine of any
kind;
WHEREAS, due to the present difficulties in the Mindanao area and the lack
of facilities and communication to convey the relevance and importance of
the registration to the births and deaths, there is a strong clamor for the
extension of the period for the registration of births and deaths beyond the
period prescribed by P.D. 651;
WHEREAS, the extension of the prescribed period of registration would give
more time for complete registration of births and deaths and provides
reliable sources of adequate vital statistics of the country.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby order
and decree:
Section 1. Section 2 of Presidential Decree No. 651 is hereby amended to
read as follows:
"Sec. 2. Period of Registration of births. The registration of the birth of
babies referred to in the preceding section including those unregistered
births which occurred from March 17, 1975, to November 30, 1975, must
be done until December 31, 1975, without fine or fee of any kind. Babies
born after November 30, 1975 and thereafter, must be registered within
thirty (30) days from birth without fine or fee of any kind by the attending
physician, nurse, midwife, hilot or hospital or clinic administrator or, in
default of the same, by either parent or a responsible member of the family
or any person who has knowledge of the birth.
"The parents or any responsible member of the family and the attendant at
birth or the hospital or clinic administrator referred to above shall be jointly
liable in case they fail to register the new born child. If there was no
attendant at birth, or if the child was not born in a hospital or a maternity
clinic, then the parents or responsible member of the family alone shall be
primarily liable in case of failure to register the new born child."
Section 2. Section 5 of the same decree is hereby amended to read as
follows:
"Sec. 5. Period of reporting and registration of deaths. The registration of
deaths referred to in the preceding Section including those unregistered
deaths which occurred from March 17, 1975, to November 30, 1975, must
be done until December 31, 1975, without fine or fee of any kind. Deaths
occurring November 30, 1975 and thereafter, must be reported by the
nearest responsible relative or any person who has knowledge of the death
within 48 hours after death to the Local Health Officer of the place of death,
who shall then issue the corresponding certificate of death and order its
registration in the Office of the Local Civil Registrar within thirty (30) days
after death, without fee or fine of any kind. In case the deceased was
attended to by a physician, the latter must issue the necessary certificate of
death within 48 hours after death and submit the same to the Local Health
Officer of the place of death, who shall order its registration in the Office of
the Local Civil Registrar within the said period of thirty (30) days after death,
without fee or fine of any kind."
The attending physician and responsible member of the family or person
who has knowledge of the death are jointly liable to report the death to the
Local Health Officer, for registration by the Local Civil Registrar of the place
of the death. If the deceased was not attended by a physician or did not die
in the hospital, the responsible member of the family alone shall be
responsible for failure to submit the report of death to the Local Health
Officer.
Section 3. The same decree is amended by adding the following section
immediately after Section 5 thereof, which read as follows:
"Sec. 5-A. Extension of Registration. The aforecited periods within which to
register unregistered births and deaths may be extended in meritorious
cases by the Director-General of the National Economic and Development
Authority upon the recommendation of the Civil Registar-General."
Section 4. All laws or part of laws inconsistent with this Decree are hereby
repealed, amended or modified accordingly.
Section 5. This Decree shall take effect immediately.

Done in the City of Manila this 8th day of August, in the year of Our Lord,
nineteen hundred and seventy-five.