Module 2

Republic Act
No. 8504
Philippine National AIDS Council
Session Objectives
At the end of the module, the participants
should be able to:
understand the significance of the law in
the campaign to halt the spread of the
disease;
gain a better grasp of the key features of
R.A. 8504; and

know the penalties imposed for

prohibited acts.
Philippine National AIDS Council
Republic Act No. 8504
Complete Title
An Act Promulgating Policies and
Prescribing Measures for the Prevention
and Control of HIV/AIDS in the
Philippines, Instituting a Nationwide
HIV/AIDS Information and Educational
Program, Establishing a Comprehensive
HIV/AIDS Monitoring System,
Strengthening the Philippine National
AIDS Council, and for other Purposes

Philippine National AIDS Council

History and Development

Dec. 3, 1992: Issuance of E.O. 39, which

created the PNAC

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

April 13, 1999: Promulgation of the

Implementing Rules and Regulations of
R.A. 8504

Philippine National AIDS Council

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

The gravity of the AIDS threat

demands strong state action.

Philippine National AIDS Council

State Policies (1-2)

Promotion of public awareness thru a

comprehensive nationwide educational
& information campaign;

Full protection of the human rights and

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

Philippine National AIDS Council

State Policies (3-5)

Promotion of utmost safety and

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

Philippine National AIDS Council

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

All PLHIVs should be isolated.

All deceased PLHIVs should be cremated

immediately.

Philippine National AIDS Council

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

Philippine National AIDS Council

Key Provisions of RA 8504

Article I Education and Information

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

Philippine National AIDS Council

Article I :
Education and Information

Who Needs to Know About HIV and

AIDS?
Parents, students, teachers, and school
officials
Health practitioners, health workers, &
personnel
Clients of health practitioners, health
workers and personnel, whether in-
patient or out-patient
Philippine National AIDS Council
Article I :
Education and Information

Employers and their employees, whether in

the private or government sector
Filipinos going abroad
Tourists and transients
Communities
Those who have a relatively higher risk
of acquiring or transmitting HIV

Philippine National AIDS Council

Venues for Information
and Education

Schools (public and private), training centers,

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

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Information to be
disseminated

Definition of HIV and AIDS

Causes & Modes of Transmission
Consequences of Infection
Means of Prevention

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Misleading Information
Misleading or deceptive advertisement
claiming temporary or permanent cure
Promotional marketing of drugs, devices,
agents, or procedures without approval
from the Food and Drugs Administration
Inaccurate lab data, statistics, and
scientific data from doubtful sources
Spreading false and misleading
information is punishable under
existing law.
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Universal Precaution

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

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Article II:
Safe practices & procedures

Universal precaution should be practiced

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

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Article III:
Testing, screening, &
counseling

Compulsory HIV testing is

STRICTLY PROHIBITED.
HIV testing should be voluntary
and with consent.

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Exceptions to the Prohibition on
Mandatory testing

a) Upon court order when the person is

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

Philippine National AIDS Council

Exceptions to the Prohibition on
Mandatory testing

d) Upon court order when the determination of

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

Philippine National AIDS Council

Instances when consent is
deemed to have been given

A person volunteers or freely agrees to

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

Philippine National AIDS Council

HIV Counseling and Testing

All testing centers are required to

provide pre- and post-test counseling
Only qualified personnel are allowed
to provide pre- and post-test
counseling

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Persons Authorized to Receive
Test Results

The person who was tested

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

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Persons Authorized to Receive
Test Results

Person authorized to receive test

results for the National AIDS Registry

Justice of the Court of Appeals or the

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

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Article IV:
Health & Support Services
Basic hospital-based services for PLHIVs
Community-based prevention and care
services for PLHIVs and MARPs
Livelihood programs and trainings for all
PLHIVs
Prevention and control program for STI
to help contain the spread of HIV infection

Package of insurance benefits for PLHIVs

Philippine National AIDS Council

Article V: Monitoring

Why do we have to monitor

HIV and AIDS?
To evaluate the adequacy and
efficacy of countermeasures

To determine the magnitude and

progression of HIV and AIDS in our
country

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How do we monitor HIV
and AIDS?
Institutionalizing the National
AIDS Registry
Reporting all cases in hospitals,
clinics, laboratories and accredited
testing centers
Ensuring the anonymity of those
tested
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Article VI:
Medical Confidentiality

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Exceptions to the Obligation
of Confidentiality
When complying with requirements for
monitoring procedures
When informing other health workers
directly involved or about to be involved
in the treatment or care of a PLHIV
When responding to the formal process
issued by the court with jurisdiction over
a legal proceeding where the main issue
is the HIV status of an individual
Philippine National AIDS Council
Article VII:
Discriminatory Acts and Policies

Persons living with HIV and AIDS cannot

be denied access to:
Employment and livelihood
Admission in schools
Travel and habitation
Elective or appointive office
Credit and insurance
Health care
Decent burial services

Philippine National AIDS Council

PENALTIES

For Misleading Information:

Imprisonment from 2 months to 2
years without prejudice to the
imposition of administrative sanctions
such as fines and suspension, or
revocation of professional or
business license

Philippine National AIDS Council

 PENALTIES

For Unsafe Practices & Procedures

Imprisonment for 6 to 12 years without
prejudice to the imposition of
administrative sanctions such as fines and
suspension or revocation of professional
license
Cancellation or withdrawal of permit to
operate business entity or accreditation of
hospital, laboratory or clinic
Philippine National AIDS Council
 PENALTIES

For Violating Confidentiality

Imprisonment for 6 months to 4 years
without prejudice to the imposition of
administrative sanctions such as fines and
possible revocation of professional license

Philippine National AIDS Council

 PENALTIES

For Discriminatory Acts

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

Philippine National AIDS Council

Article VIII: The PNAC
Function
The central advisory,
planning and policy-
making body for the
comprehensive and
integrated HIV & AIDS
prevention and control
program in the country

Philippine National AIDS Council

 Membership & Composition

17 Government
Organizations
(GOs)
Representatives
from 6 Non-
Government
Organizations
(NGOs)
Representatives
from 2
Medical/Health
Professional
groups
A representative of
PLHIVs
In summary

Guided by the twin principles that HIV

and AIDS can affect anyone and
remains incurable & that the
government should act to deal with
the threat of an epidemic, R.A. 8504 is
the policy backbone of all HIV and
AIDS programs in the country.

Philippine National AIDS Council

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

Ultimately, R.A. 8504 promotes

and protects the rights of PLHIVs,
lays down the mechanisms for &
defines the roles of government &
the general public in responding
to the health threat.

Philippine National AIDS Council

Thank you

Philippine National AIDS Council