REPUBLIC ACT NO.

11166
“PHILIPPINE HIV AND AIDS POLICY ACT”

An Act Strengthening the Philippine Comprehensive Policy on

Human Immunodeficiency Virus (HIV) and Acquired Immune
Deficiency Syndrome (AIDS) Prevention, Treatment, Care, and
Support, and, Reconstituting the Philippine National Aids
Council (PNAC), Repealing for the Purpose Republic Act No.
8504, Otherwise Known as The "Philippine Aids Prevention and
Control Act of 1998"
Session objectives
1. To learn about HIV/AIDS education & information
2. RA 11166 provisions
3. Know what Philippine National AIDS Council is
4. Implementation issues
• -Information, Education and communication
• -Screening, Testing and counseling
• -Prophylactics
• -Protection of educators

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• RA 8504: “Philippine AIDS Prevention and Control Act of 1998”
• Consists of 9 articles
• With 52 sections
• Approved on February 13, 1998 by President Fidel V. Ramos

• RA 11166: "Philippine HIV and AIDS Policy Act”

• The newest law passed by the legislative department to modify certain
provision of the original version to be more effective in dealing HIV
condition in the Philippine setting.
• An act strengthening the Philippine Comprehensive Policy on HIV/AIDS
• prevention, treatment, care, and support, and, reconstituting the
Philippine National Aids Council (PNAC), repealing for the purpose
Republic Act No. 8504
• Consists of 8 articles
• With 57 sections
• Approved on December 20, 2018 by President Rodrigo R. Duterte
 DECLARATION OF POLICIES
▪ Responding to the country's HIV and AIDS shall be anchored on the
principles of human rights upholding human dignity.
▪ Policies and practices that discriminate (HIV status, sex, gender, sexual
orientation, gender identity and expression, age, economic status,
disability, and ethnicity) or hamper the enjoyment of basic human rights
and freedoms guaranteed in the Constitution and are deemed inimical
to national interest.
▪ Respect, protect, and promote human rights as the cornerstones of
an effective response to the country's HIV and AIDS situation.
▪ HIV and AIDS education and information dissemination should form
part the right to health.
▪ Inclusion and participation of persons directly and indirectly affected
by the HIV and AIDS situation, especially persons living with HIV, are
crucial in eliminating the virus.
▪ Confidentiality and non-compulsory nature of HIV testing and HIV-
related testing shall always be guaranteed and protected.
DECLARATION OF POLICIES
▪ Ensure the delivery of non-discriminatory HIV and AIDS services.
▪ Develop redress mechanisms for persons living with HIV to ensure that their
civil, political, economic, and social rights are protected.
Accordingly, the State shall:
▪ (a) Establish policies and programs to prevent the spread of HIV and
deliver treatment, care, and support services to Filipinos living with HIV.
▪ (b) Adopt a multi-sectoral approach in responding to the country's HIV and
AIDS situation by ensuring that the whole government approach, local
communities, civil society organizations (CSOs), and persons living with HIV
are at the center of the process
▪ (c) Ensure access to HIV- and AIDS-related services by eliminating he
climate of stigma and discrimination.
▪ (d) Positively address and seek to eradicate conditions that aggravated the
spread of HIV infection (poverty, gender inequality, marginalization, and
ignorance).
THE PHILIPPINE NATIONAL AIDS
COUNCIL
▪ Philippine National AIDS Council (PNAC) was established to ensure
the implementation of the country's response to the HIV and AIDS
situation. It shall be an agency attached to the DOH.
▪ Functions:
(a)Develop the AIDS Medium Term Plan (AMTP) in collaboration with
relevant government agencies, CSOs, the PLHIV community;
(b) Ensure the operationalization and implementation of the AMTP;
(c)Strengthen the collaboration between government agencies and
CSOs;
(d)Develop and ensure the implementation of the guidelines and
policies provided in this Act;
THE PHILIPPINE NATIONAL AIDS
COUNCIL
(e) Monitor the progress of the response to the country's HIV and AIDS
situation;
(f) Monitor the implementation of the AMTP
(g)Mobilize sources of funds for the AMTP;
(h) Mobilize its members to conduct monitoring and evaluation of HIV-
related programs, policies, and services within their mandate;
(i) Coordinate, organize, and work in partnership with foreign and
international organizations (funding, data collection, research, and
prevention and treatment modalities on HIV and AIDS) and ensure
foreign funded programs are aligned to the national response;
(j) Advocate for policy reforms to Congress and other
government agencies;
THE PHILIPPINE NATIONAL AIDS
COUNCIL

(k)Submit an annual report to the Office of the

President, Congress, and the members of the
Council;
(l)Identify gaps in the national response on the part
of government agencies and its partners from civil
society and international organizations;
(m)Recommend policies and programs.
 THE PHILIPPINE NATIONAL AIDS
COUNCIL
▪ Memberships and Composition:
(1) Department of Health (DOH);
(2) Department of Education (DepEd);
(3) Department of Labor and Employment (DOLE);
(4) Department of Social Welfare and Development (DSWD);
(5) Department of the Interior and Local Government (DILG);
(6) Civil Service Commission (CSC);
(7) Commission on Higher Education (CHED);
(8) National Youth Commission (NYC);
(9) Philippine Information Agency (PIA);
(10) Department of Budget and Management;
(11)The Chairperson of the Committee on Health and Demography of the Senate of the Philippines or
his representative;
(12)The Chairperson of the Committee on Health of the House of Representative or his representative;
(13-14) Two (2) representatives from organizations of persons living with HIV and AIDS;
(15) One (1) representative from a private organization with expertise in standard setting and service
delivery; and
(16-21) Six (6) representatives from NGOs working for the welfare or identified key populations.
THE PHILIPPINE NATIONAL AIDS
COUNCIL

▪ Meeting: at least once every quarter in the presence of the

Chairperson or the Vice Chairperson, and at least ten (10) other
members and/or permanent representatives.
▪ The Secretary of Health shall be the permanent Chairperson of the
PNAC.
▪ The Vice Chairperson shall be elected from the government agency
members and shall serve for a term of three (3) years.
▪ Members representing CSOs shall serve for a term of three (3) years
renewable upon recommendation of the Council for a maximum of
two (2) consecutive terms.
ROLE OF DEPARTMENT OF HEALTH

▪ The National HIV and AIDS and STI Prevention and Control Program (NASPCP)
of the DOH, which shall be composed of qualified medical specialist and
support personnel shall coordinate with the PNAC.
▪ The Epidemiology Bureau shall maintain a comprehensive HIV and AIDS
monitoring and evaluation program that shall serve the following purposes:
(a) Determine and monitor the magnitude and progression of HIV and AIDS
in the Philippines
(b) Receive, collate, process, and evaluate all HIV-and-AIDS-related medical
reports from all hospitals, clinics, laboratories and testing centers (it shall
adopt a coding system that ensures anonymity and confidentiality)
(c) Submit, through its Secretariat, quarterly and annual reports to the PNAC
containing the findings of its monitoring and evaluation activities in
compliance with this mandate.
PROTECTION OF HUMAN RIGHTS

▪ The country's response to the HIV and AIDS situation shall be

anchored on the principle of human rights and human dignity. Public
health concerns shall be aligned with internationally-recognized
human rights instruments and standards.
▪ Towards this end, the members of the PNAC, in cooperation with
CSOs, and in collaboration with the Department of Justice (DOJ) and
the Commission on Human Rights (CHR), shall:
(a)ensure the delivery of non-discriminatory HIV and AIDS services
by government and private HIV and AIDS
(b)take the lead in developing redress mechanisms for PLHIV and
key affected populations to ensure that their civil, political,
economic, and social rights are protected.
INFORMATION, EDUCATION AND
COMMUNICATION

▪ Education in Learning Institutions: DepEd, CHED, and Technical

Education and Skills Development Authority (TESDA)
▪ Basic and age-appropriate instruction on the causes, modes of
transmission, and ways of preventing the spread of HIV and AIDS
and other STIs in their respective curricula taught in public and
private learning institutions, including alternative and indigenous
learning systems.

▪ Education for Parents and Guardians: DepEd in coordination with

parent-teacher organizations
▪ Conduct awareness-building seminars in order to provide parents
and guardians with a gender-responsive and age-sensitive HIV and
AIDS education.
INFORMATION, EDUCATION AND
COMMUNICATION

▪ Education as Right to Health and Information: HIV and AIDS

education and information dissemination shall form part of the
constitutional right to health.

▪ HIV and AIDS Information as a Health Service: HIV and AIDS

education and information dissemination shall form part of the
delivery of health services by health practitioners, workers, and
personnel.
▪ The training of health workers shall include discussions on HIV-
related ethical issues such as confidentiality, informed consent, and
the duty to provide treatment.
INFORMATION, EDUCATION AND
COMMUNICATION
▪ Education in the Workplace: DOLE for the private sector, Civil
Service Commission for the public sector, and AFP and PNP for
the uniformed service shall implement this provision.
▪ Public and private employers and employees, members of the
Armed Forces of the Philippine (AFP) and the Philippine
National Police (PNP) shall be regularly provided with
standardized basic information and instruction of HIV and AIDS,
including topics on confidentiality in the workplace and reduction
or elimination of stigma and discrimination.
▪ Education for Filipinos Going Abroad: DOLE, Philippine
Overseas Employment Agency (POEA) and the Overseas
Workers Welfare Administration (OWWA), the Department of
Foreign Affairs (DFA), and the Commission on Filipino
Overseas (CFO)
▪ Attend a seminar on the causes, manner of prevention, and
impact of HIV and AIDS, before being granted a certification for
overseas assignment:
INFORMATION, EDUCATION AND
COMMUNICATION
▪ Information for Tourists and Transients: Philippine Information Agency,
Department of Tourism (DOT) and Department of Transportation (DOTr)
▪ Educational materials shall be adequately provided at all international
and local ports of entry and exit.
▪ Education in Communities: DILG, the Union of Local Authorities of the
Philippines (ULAP), the League of Provinces of the Philippines (LPP), the
League of Cities of the Philippines (LCP), the League of Municipalities of the
Philippines (LMP), and Liga ng mga Barangay sa Pilipinas through the Local
AIDS Councils (LAC) or the local health boards, Local Council for the
Protection of Children (LCPC), Sangguniang Kabataan and Association of
Barangay Captains
▪ Indigenous peoples communities and geographically isolated and
disadvantaged areas (GIDA) shall also be given due focus in the
implementation of this section.
▪ The DILG, DSWD and the NYC, shall also conduct age-appropriate HIV and
AIDS education for out-of-school youth.
PREVENTIVE MEASURES, SAFE PRACTICES AND
PROCEDURES

▪ The DOH shall establish a program to prevent mother-to-child HIV

transmission that shall be integrated in its maternal and child health
services.
▪ Standard Precaution on the Donation of Blood, Tissue, or Organ. The
DOH shall enforce the following guidelines on the donation of blood,
tissue, or organ:
(a)Donation of tissue or organ shall be accepted by a laboratory
or institution only after a sample from the donor has been tested
negative for HIV;
(b) All donated blood shall also be subjected to HIV testing;
 PREVENTIVE MEASURES, SAFE PRACTICES AND
PROCEDURES

(c)All donors whose blood, organ or tissue has been tested

positive shall be deferred from donation, notified of their HIV
status, counselled, and referred for care and clinical
management as soon as possible;
(d)Donations of blood, tissue, or organ testing positive for
HIV may be accepted for research purposes only, and shall be
subject to strict sanitary disposal requirements; and
(e)A second testing may be demanded as a matter of right by
the blood, tissue, or organ recipient or his/her immediate
relatives before transfusion or transplant, except during
emergency cases.
SCREENING, TESTING AND
COUNSELING

▪ As a policy, the State shall encourage voluntary HIV testing. Written

consent from the person taking the test must be obtained before HIV
testing.
▪ Fifteen (15) to below eighteen (18) years of age, consent to
voluntary HIV testing shall be obtained from the child without the
need of consent from a parent or guardian;
▪ Young person aged below fifteen (15) who is pregnant or engaged
in high-risk behavior shall be eligible for HIV testing and counseling,
with the assistance of a licensed social worker or health worker.
▪ Consent to voluntary HIV testing shall be obtained from the child's
parent or legal guardian if the person is below fifteen (15) years of
age or is mentally incapacitated.
SCREENING, TESTING AND
COUNSELING

▪ Compulsory HIV testing shall be allowed only in the following

instances:
▪ To test a person who is charges with any of the offenses punishable
by law (serious and slight physical injuries, rape and simple
seduction)
▪ When it is necessary to resolve relevant issues under Executive
Order No. 209, otherwise known as "The Family Code of the
Philippines"
▪ As a prerequisite in the donation of blood
HEALTH AND SUPPORT SERVICES

▪ Treatment of Persons Living with HIV and AIDS. The DOH shall
establish a program that will provide free and accessible ART and
medication for opportunistic infections to all PLHIVs who are enrolled
in the program.
▪ Access to Medical Services by Indigents. Indigent persons living with
HIV shall not be deprived of access to medical services.
▪ Economic Empowerment and Support. PLHIV shall not be deprives of
any employment, livelihood, micro-finance, self-help, and cooperative
programs by reason of their HIV status.
▪ Care and Support for Persons Living with HIV. Peer-led counseling and
support, social protection, welfare assistance, and mechanisms for
case management.
 HEALTH AND SUPPORT SERVICES
▪ Overseas Workers Living with HIV. Develop a program to provide a stigma-
free comprehensive reintegration, care, and support program, including
economic, social, medical support for overseas workers, regardless of
employment status and stage in the migration process.
▪ Care and Support for Affected Families, Intimate Partners, Significant
Others and Children of People Living with HIV.
▪ Care and Support Program in Prisons and Others Closed-Setting
Institutions. All prisons, rehabilitation centers, and other closed- setting
institutions shall have comprehensive STI, HIV and AIDS prevention and
control program.
▪ Non-discriminatory HIV and AIDS Services. Ensure the delivery of non-
discriminatory HIV and AIDS services by government and private HIV and
AIDS service providers.
HEALTH AND SUPPORT SERVICES
▪ Protection of HIV Educators, Licensed Social Workers, Health
Workers, and Other HIV and AIDS Service Providers from
Harassment. Any person involved in the provision of HIV and AIDS
services, including peer educators, shall be protected from suit, arrest
or prosecution, and from civil, criminal or administrative liability, on
the basis of their delivery of such services in HIV prevention.
▪ Health Insurance and Similar Health Services. The PhilHealth shall
enforce confidentiality in the provision of these packages to PLHIV. No
PLHIV shall be denied or deprived of private health insurance under a
Health Maintenance Organization (HMO) and private life insurance
coverage under a life insurance company on the basis of the person's
HIV status. Furthermore, no person shall be denied of his insurance
claims if he dies of HIV or AIDS under a valid and subsisting life
insurance policy.
CONFIDENTIALITY
▪The confidentiality and privacy of any individual
who has been tested for HIV, has been exposed to
HIV, has HIV infection or HIV- and AIDS- related
illnesses, or was treated for HIV-related illnesses
shall be guaranteed.
▪Disclosure of Confidential HIV ad AIDS
Information. It shall be unlawful to disclose,
without written consent, information that a person
has AIDS, has undergone HIV-related test, has
HIV infection or HIV-related illnesses, or has been
exposed to HIV.
CONFIDENTIALITY

▪ Disclosure of HIV-Related Test Results. Result of any test

related to HIV shall be disclosed by the trained service
provider who conducts pre- test and post-test counseling
only to:
▪ individual who submitted to the test
▪ patient is below fifteen (15) years old, an orphan, or is
mentally incapacitated, the result may de disclose to
either of the patient's parents, legal guardian, or a duly
assigned licensed social worker or health worker,
▪ person below fifteen(15) years of age and not suffering
from any mental incapacity, the result of the test shall
be disclosed to child.
CONFIDENTIALITY

▪ Exceptions. Confidential HIV and AIDS information may be

released by HIV testing facilities without consent in the
following instances:
▪ complying with reportorial requirements of
the national active passive surveillance
system of the DOH
▪ wheninforming other health workers
directly involved in the treatment or
care of a PLHIV
▪ when responding to a subpoena duces tecum and
subpoena ad testificandum issued by a court
DISCRIMINATORY ACTS AND PRACTICES AND CORRESPONDING
PENALTIES

▪ Discrimination in the Workplace: ejection of job application,

termination of employment, or other discriminatory policies
in hiring, provision of employment and other related
benefit, promotion or assignment of an individual;
▪ Discrimination in Learning Institution: refusal of admission,
expulsion, segregation, imposition of harsher disciplinary
actions, or denial of benefits or services of student or a
prospective student;
▪ Restriction on Travel and Habitation: restrictions on travel
within the Philippines, refusal of lawful entry to Philippine
territory, deportation from Philippines, or the quarantine or
enforced isolation of travelers is discriminatory. The same
standard of protection shall be accorded to migrants,
visitors, and residents who are not Filipino citizens;
DISCRIMINATORY ACTS AND PRACTICES AND CORRESPONDING
PENALTIES
▪ Restrictions on Shelter: restrictions on housing or lodging, whether
permanent or temporary;
▪ Prohibition on the right to seek an elective or appointive public office;
▪ Exclusion from Credit and Insurance Services: exclusion from health, accident or life
insurance, or credit and loan services, including the extension of such loan or
insurance facilities of an individual;
▪ Discrimination in Hospitals and Health Institutions: denial of health services, or
being charges with a higher fee, on the basis of actual, perceived or suspected HIV
status is discriminatory act and is prohibited;
▪ Denial of Burial Services: denial of embalming and burial services for a decease
person who had HIV and AIDS or who was known, suspected, or perceived to be HIV-
positive;
▪ Bullying in all forms, including name-calling, upon a person based on actual,
perceived, or suspected HIV status, including bullying in social media and other online
portals.
PENALTIES
IMPRISONMENT FINE

Fifty thousand pesos

Misinformation on HIV and
One (1) year to ten (10) years (50,000.00) to Five hundred
AIDS
thousand pesos (P500,000.00)
Negligence in the practice of
profession
Six (6) to twelve (12) years,
Compelled any person to suspension or revocation of --
undergo HIV testing without professional licenses
consent

One hundred thousand pesos

On HIV and AIDS service (P100,000.00) to Five hundred
Six (6) months to five (5) years
providers from harassment thousand pesos (P500,000.00)

Six (6)months to five (5) years,

suspensions or revocation of
On health insurance and similar Not less than Fifty thousand
business permit, business
services (P50,000.00)
license or accreditation, and
professional license
PENALTIES
IMPRISONMENT FINE
Fifty thousand pesos
(P50,000.00) to One hundred
Breaches confidentiality Six (6) months to two (2) years
fifty thousand pesos
(P150,000.00)
Mass dissemination of the HIV
One hundred fifty thousand
status of a person (spreading
Two (2) years and one (1) day pesos (P150,000.00) to Three
the information online or
to five (5) years hundred fifty thousand pesos
making statements to the
(P350,000.00)
media)
Breaches confidentiality (health
professional, medical instructor,
Three hundred fifty thousand
worker, employer, recruitment
Five (5) years and one (1) day to pesos (P350,000.00) to Five
agency, insurance company,
seven (7) years hundred thousand pesos
data encoder, and other
(P500,000.00),
custodian of any medical
record, file, data, or test result)
Fifty thousand pesos
On discriminatory acts and
Six (6) months to five (5) years (P50,000.00) to Five hundred
practices
thousand (P500,000.00),
IMPLEMENTATION ISSUES
o Harm reduction vs. war on drugs
o Possession of paraphernalia(S12, RA 9165)
vs. needle syringe program
o Katarungang pambarangay vs.
confidentiality
o Access to treatment for minors
o “Voluntary” HIV testing and mandatory
disclosure
o Medical confidentiality confusion
ACTIVITY

Law abiding or

law breaking
Law abiding or law breaking

• On the first day of Emily at work, she was told by

her manager that HIV testing was required or
else she will lose her job

• Despite having many clients in the clinic, the HIV

counselor took the time to provide post-test
counseling to Anthony explaining the meaning of
his HIV test results to him and discussing
possible next steps he can take

• James’s neighbor told him that he had HIV.

James did not waste any time and told all his
friends in his barangay about it

• The nurse at a clinic saw her college friend

getting tested for HIV. She immediately logged
on to facebook and shared stolen pictures of him
while getting his blood drawn for the HIV test
44

https://sociallawstoday.com/sources-of-law/
Law abiding law or law breaking

• Brad’s brother passed away because of

AIDS related complications. The owner of
the funeral parlor refused to provide
services to brad’s brother.

• Jerome told his boss that he had HIV. His

boss asked him how the office could be
of support to him.

• Agnes told her teacher that she had HIV.

Her teacher told the principal. The
principal called Agnes to her office and
immediately expelled her from the
school.

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What to do when your rights are
violated
• Katarungang barangay
-for simple violation of confidentiality committed by another person in the same barangay.

• PNAC human rights committee

-legal assistance, consultation, representation, witness protection and other services from a PLHIV
If the request received requires assistance for pchosocial services, financial or livelihood support or pertains to
matters that do not necessarily involve any legal issue, the committee shall refer the same to DSWD, DOH
through the national center for mental health, CHR, DOJ whichever is applicable

• Commission on Human Rights

-free legal assistance and counseling services to PLHIV clients.

• Department of Justice
-Department of Justice-action center(DOJAC)

• Public Attorney’s Office

-PAO is mandated to render free legal representation, assistance and counseling to any PLHIV regardless of
socio-economic status

• NBI
-Cybercrime

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Final tips & takeaways
1. Evidence based strategies
article II, section 11
2. Principles of human rights-
Article 1, section 10
3. Age appropriateness- Article II,
section11
4. Meaningful participation of
communities affected by HIV&
AIDS situation specially PLHIV
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