LESSON 1:
REPUBLIC ACT 5527
Ms. Romena Liza F. Restua || APR 22 2022
REPUBLIC ACT 5527
• Philippine Medical Technology Act of 1969.
• Approved on June 21, 1969.
• Amendments:
• R.A. 6138 (August 31, 1970)
• Sec. 16. Qualification for examination
• Sec. 21. Issuance of Certification for
Registration
• Sec. 22. Fees
• PD 498 (June 28, 1974)
• Sec. 2. Definition of terms (Practice of
MedT & LabT)
• Sec. 3. Council of Medical Technology
education, its composition.
• Sec. 4. Compensation and travelling
Expenses of Council members
• Sec. 7. Medical technology board
• Sec. 8. Qualification of examiners
• Sec. 11. Functions and duties of the Board
• Sec. 13. Accreditation of schools of MedT
and training lab
• Sec. 21. Issuance of Certificate of
registration
• Sec. 29. Penal provisions
• PD 1534 (June 11, 1978)
• Sec. 3. Council of Medical Technology
education. Its composition
• Sec. 8. Qualifications of examiners
• Sec. 13. Accreditation of Schools
of Medical Technology and of Training Lab
REPUBLIC ACT 5527
• An act requiring for the registration of Medical
Technologist, defining their practices, and for other
purposes.
• Sec. 1. Title - This act may also be cited as the
“Philippine Medical technology Act of 1969”
• Sec. 2. Definition of Terms – as used in this
act, the following terms means:
A. Practice of Medical Technology
• A person shall be deemed to be in the practice of
medical technology within the meaning of this Act, who
shall for a fee, salary or other compensation or reward
Medical Technology Laws
and Bioethics
paid or given directly or indirectly through another,
renders any of the following professional services for
the purpose of aiding the physician in the diagnosis,
study and treatment of diseases and in the promotion of
health in general:
1. Examination of tissues, secretions and excretions of the
human body and body fluids by various electronic, chemical,
microscopic, bacteriologic, hematologic, serologic,
immunologic, nuclear, and other laboratory procedures and
techniques either manual or automated;
2. Blood banking procedures and techniques;
3. Parasitologic, Mycologic and Microbiologic procedures
and techniques;
4. Histopathologic and Cytotechnology; provided that
nothing in this paragraph shall inhibit a duly registered
medical laboratory technician from performing
histopathologic techniques and procedures.
5. Clinical research involving patients or human beings
requiring the use of and/or application of medical technology
knowledge and procedures;
6. Preparations and standardization of reagents, standards,
stains and others, provided such reagents, standards, stains
and others are exclusively for the use of their laboratory;
7. Clinical laboratory quality control;
8. Collection and preservation of specimens; Provided, That
any person who has passed the corresponding Board
examination for the practice of a profession already
regulated by existing law, shall not be subject to the
provisions of the last four preceding paragraphs if the
performance of such acts or services is merely incidental to
his profession.
B. Pathologist
• A duly registered physician who is specially trained in
methods of laboratory medicine, or the gross and
microscopic study and interpretation of tissues,
secretion and excretions of the human body and its
functions in order to diagnose disease, follow its course,
determine the effectivity of treatment, ascertain cause of
death and advance medicine by means of research.
[Medical Technology Laws and Bioethics] Republic Act 5527– Ms. Romena Liza F. Restua

• To approve medical technology schools meeting the

C. Medical Technologist requirements and recommend closure of those found to
• A person who engages in the work of medical be substandard.
technology under the supervision of a pathologist or • To require all medical technology schools to submit an
licensed physician authorized by the Department of annual report, including the total number of students and
Health in places where there is no pathologist and who instructors, list of facilities available for instruction, a list
having passed the prescribed course (Bachelor of of their recent graduates and new admissions, on or
Science in Medical Technology) of training and before the month of June.
examination is registered under the provision of this Act. • To inspect, when necessary, the different medical
technology schools in the country in order to determine
D. Medical Laboratory Technicians whether a high standard of education is maintained in
• A person certified and registered with the Board as said institutions.
qualified to assist a medical technologist and/or qualified • To certify for admission in to an undergraduate
pathologist in the practice of medical technology as internship students who have satisfactorily completed
defined in this Act. three years of the medical technology course or its
equivalent and to collect from said student the amount
E. Accredited Medical Technology Training Laboratory of five pesos each which money accrue to the operating
• A clinical laboratory, office, agency, clinic, hospital fund of the Council.
or sanitarium duly approved by the Department of • Formulate and recommend approval of refresher course
Health or its authorized agency. for applicants who shall have failed the Board
Examination for the third time.
F. Recognized School of Medical Technology • To promulgate and prescribe and enforce necessary
• Any school, college, or university which offers a rules and regulations for the proper implementation of
course in Medical Technology approved by the the foregoing functions.
Commission on Higher Education in accordance with
the requirements under this Act, upon recommendation Section 6. Minimum Required Course
of the council of medical technology education. The medical technology course shall be at least four years,
including a 12-month satisfactory internship in accredited
Section 3. Council of Medical Technology Education, Its laboratories, and shall include the following subjects:
Composition
• Chairman- Director of CHED • English Quantitative Chemistry
• V- Chair- Chairman of PRC • Biochemistry Methods
• Spanish • Hematology
• Members: Director of BRL of DOH, Chairman and two
• Gross Anatomy • serology
(2) members of Board of MedTech, Representative of
• Social Science • blood banking
Deans of schools of MedTech and Public health,
• Histology • clinical microscopy
Presidents of Society of Pathologist and PAMET.
• General Zoology • applied microbiology
• Physiology and parasitology,
Section 4. Compensation and Traveling Expenses of • Botany • histopathologic
Council Members • Clinical Parasitology techniques,
• For every meeting; • Mathematics • cytotechnology
• Chairman shall be entitled to a fifty pesos • General Pathology
(P50.00) per diem • College Physics
• Members shall be entitled to twenty-five pesos • Microbiology
(P25.00) • General Chemistry
• Biostatistics
• Qualitative
Section 5. Functions of the Council of Medical Chemistry
Technology Education. • Clinical Laboratory
• To recommend the minimum required curriculum for the
course of medical technology. CHED Memorandum Order 14s. 2006
• To determine and prescribe the number of students to • Policies and Standards for MT EDUC.= 6 months
be allowed to take up the medical technology course in internship.
each school, taking into account the student-instructor
ratio and the availability of facilities for instruction.
Transcriber: Geronimo, Claudine E.
[Medical Technology Laws and Bioethics] Republic Act 5527– Ms. Romena Liza F. Restua
CHED Memorandum Order 13s. 2017
• One year internship program
• Policies, standards and guidelines for Bachelor of
Science in Medical Technology/ Medical Laboratory
Science Program
Section 7. Medical Technology Board.
• Under the Professional Regulation Commission
• Chairman who is a pathologist
• two (2) members who are registered medical
technologists who shall be appointed by the President
of the Republic of the Philippines upon recommendation
of the Professional Regulation Commission.
Section 8. Qualifications of Examiners
1. Filipino citizen
2. good moral character
3. is a qualified Pathologist, or a duly registered medical
technologist of the Philippines with the degree of Bachelor
of Science in Medical Technology/Bachelor of Science in
Hygiene/Public Health
4. has been in practice of laboratory medicine or medical
technology for at least ten years prior to his appointment
5. is not a member of the faculty of any medical technology
school for at least two (2) years
Section 9. Executive Officer of the Board.
• The Commissioner of Civil Service shall be
the Executive Officer of the Board, and shall conduct
the examinations given by it.
Section 10. Compensation of Members of
Board of Examiners for Medical Technology.
• Each member of the Board shall receive as sum of ten
pesos for each applicant examined.
• Five pesos for each applicant granted a certificate of
registration without examination.
Section 11. Functions and Duties of the Board.
a. Administer the provisions of this Act;
b. Administer oaths in connection with the administration of
this Act;
c. Issue, suspend and revoke certificates of registration for
the practice of medical technology and medical laboratory
technician;
d. Look into conditions affecting the practice of medical
technology in the Philippines and, whenever necessary,
adopt such a measure may be deemed proper for the
maintenance of good ethic and standards in the practice of
medical technology;
e. Investigate such violations of this Act or of the rules and
regulations issued thereunder as may come to the
knowledge of the Board and, for this purpose issue
subpoena and subpoena duces tecum to secure
appearance of witnesses and production of documents in
connection with charges presented to the Board; and
f. Draft such rules and regulations as may be necessary to
carry out the provisions of this Act: Provided, that the same
shall be issued only after the approval of the President of
the Philippines; To determine the adequacy of the technical
staff of all clinical laboratories and blood banks before they
could be licensed with the Department of Health in
accordance with R.A. No. 4655 and 1517;
h. To prescribe the qualifications and training of medical
technologists as to special fields of the profession and
supervise their specialty examination conducted by the
professional organization of medical technologists
accredited by the Professional Regulation Commission;
i. To classify and prescribe the qualification and training of
the technical staff of clinical laboratories as to: Medical
Technology; Medical Technologist; Senior Medical
Technologist; Medical Technologist and Medical Laboratory
Technician.
Section 12. Removal of Board Members.
• Any member of the Board may be removed by the
President of the Philippines;
• neglect of duty
• Incompetency
• malpractice or unprofessional,
• unethical, immoral or dishonorable conduct
the
Section 13. Accreditation of Schools of Medical
Technology and of Training
Laboratories
• Upon the recommendation of the Medical Technology
Board, the Department of Education and Culture15 shall
approve schools of Medical Technology in accordance
with the provisions of this Act, as amended, in
conjunction with the Board of Medical Technology. The
Department of Health16 through the Bureau of Research
and Laboratories shall approve laboratories for
accreditation as training laboratories for medical
technology students or postgraduate trainees in
conjunction with the Board of Medical Technology. The
laboratories shall show satisfactory evidence that they
possess qualified personnel and are properly equipped
to carry out laboratory procedures commonly required in
the following fields: Clinical Chemistry, Microbiology,
Serology, Parasitology, Hematology, Blood Banking,
Transcriber: Geronimo, Claudine E.
[Medical Technology Laws and Bioethics] Republic Act 5527– Ms. Romena Liza F. Restua
Clinical Microscopy, and Histopathologic techniques,
and that the scope of activities of said laboratories offer
sufficient training in said laboratory procedures.
Section 14. Inhibition Against the Practice of Medical
Technology
• No person shall practice or offer to practice medical
technology as defined in this Act without having
previously obtained a valid certificate of registration
from the Board. provided that registration shall not be
required of the following:
• REGISTRATION SHALL NOT BE REQUIRED OF
THE FF;
a. Duly registered physicians.
b. Medical technologist from other countries called
in for consultation or as visiting or exchange
professors to colleges or universities: Provided,
they are only practicing the said function.
c. Medical technologists in the service of the United
States Armed Forces stationed in the Philippines
rendering services as such for members of the
said forces only.
Section 15. Examination
• TESTING AREAS= Manila, Baguio, Cebu and Davao
• TESTING MONTHS= (2) September and March
• DEADLINE for SUBMISSION OF APPLICATION= 20
days before the examination.
• REQUIREMENTS
• TOR: with STAMP for Board examination Purposes only
• NSO birth cert. : Xerox
• If Married: NSO marriage cert
• Cedula
• 4 Passport sized with picture (with name plate)
• P900.00 (FEE)
• PUBLISHED: At least 3 newspapers of national
circulation
Section 16. Qualification for Examination
• Every applicant examination under this Act, shall, prior
to the date thereof, furnish the Board satisfactory proof
that he or she:
• If failed 3x= 12 months refresher or Mt school course.
a. Is in good health and is of good moral character;
b. Has completed a course of at least four (4) years
leading to the degree of Bachelor of Science in
Medical Technology or Bachelor of Science in
Public Health conferred by a recognized school,
college or university in accordance with this Decree
or having graduated from some other profession
and has been actually performing medical
technology for the last five (5) years prior to the
date of the examinations, if such performance
began prior to June 21, 1969.
Section 17. Scope of Examination
• Clinical
Chemistry………………………..............…..20%
• Microbiology & Parasitology……….............20%
• Hematology……………………....................20%
• Blood Banking & Serology…………............20%
• Clinical Microscopy………………................10%
• Histopathologic Techniques (Cytotechnology,
MT Laws, Related Laws and its implementing rules,
and the Code of
Ethics……...………………………………..…10%
• The Board shall prepare the schedule of subjects for
examination and to submit the same to the
Commissioner of the Professional Regulation
Commission for publication at least thirty (30) days
before the date of examination.
• The Board shall compute the general average of each
examinee according to the above-mentioned relative
weights of each subject. Provided, however, that the
Board may change, add to or remove from the list of
subjects or weights above as progress in the science
of Medical Technology may require, subject to the
prior approval of the Professional Regulation
Commission, and publication of the change or
amendment at least three (3) months prior to the date
of examination in which the same is to take effect.
Section 18. Report of Rating
• BOMT shall report in PRC with in 120 days.
• RA 8981= BOMT shall report within 10 days.
Section 19. Rating in the Examination
• In order to pass the examination;
• A candidate must obtain a:
✓ Gen Ave= at least 75% in the written test
✓ No Rating below 50% in any of the major
subjects
✓ Not failed at least 60% of the subjects
computed accdg. to their rel. weights.
Section 20. Oath Taking
• All successful examinees shall be required to take a
professional oath before the Board prior to entering
upon the practice of medical technology in the
Philippines.
• Administer by the BOMT/ any person authorized by the
BOMT.
Transcriber: Geronimo, Claudine E.
[Medical Technology Laws and Bioethics] Republic Act 5527– Ms. Romena Liza F. Restua
Section 21. Issuance of Certificate of Registration
a. satisfactorily passed the required examination for
medical technologist
a.1. attained the age of twenty one (21) years
a.2. all certificates shall be signed by the
members of the Board and by the Commissioner
of PRC
a.3. display his certificate of registration in the
place where he works
b. medical technologist without examination
b.1. graduated with BS in Medical
Technology/BS in Public Health in duly
recognized schools of medtech in the Philippines
or in any foreign country.
c. certificate of registration as Laboratory technician
- has failed to pass the board examination for medical
technology but had obtained a general average of at least
70%.
• Passed Civil Service Exam as MLT on March 21,
1964.
• 2 yrs college + 1 yr Service
a. every yr. in college, 2 yrs. Of service may be
substituted.
b. 10 yrs. Service regardless of EDUCATION prior
to June 21, 1969.
c. Gen. Ave. of 70% (70-74.9%)
Section 22. Fees.
• The Board shall charge each applicant for examination
and registration the sum of fifty pesos for each certificate
of registration issued without prior examination in
accordance with the provisions of this Act the sum of
twenty-five pesos; for issuance of a new certificate to
replace certificate lost, destroyed or mutilated, the
Board shall charge the sum of ten pesos. All such fees
shall be paid to the disbursing officer of the Civil Service
Commission who shall pay from the receipts thereof, all
authorized expenses of the Board including the
compensation of each member.
Section 23. Refusal to issue Certificate.
• The Board shall refuse to issue a certificate of
registration to any person convicted by the court of
competent jurisdiction of any criminal offense involving
moral turpitude, or any person guilty of immoral or
dishonorable conduct, or of unsound mind, or incurable
communicable disease, and in such shall be give to the
applicant a written statement setting forth the reason for
its action, which statement shall be incorporated in the
record of the Board.
Section 24. Administrative Investigation.- Revocation or
Suspension of Certificates
• Administrative investigation shall be conducted by at
least two members of the Board with one legal officer
sitting during all administrative proceedings, the
respondents shall be entitled to be represented by
counsel or be heard in person, to have a speedy and
public hearing, to confront and cross-examine
witnesses against him or her, and to all other rights
guaranteed by the Constitution. The Board may, after
giving proper notice and hearing to the party concerned
reprimand an erring medical technologist or revoke or
suspend his certificate of registration for causes
mentioned in the next preceding section or for causes
enumerated in section twenty-nine (29) of this Act, or for
unprofessional conduct, malpractice, incompetency, or
serious ignorance or gross negligence in the practice of
medical technology. No penalty of revocation shall be
imposed unless there is a unanimous vote of all the
three members of the Board. The Board may, by
majority vote, impose the penalty or reprimand or
suspension, the latter however not to exceed two years.
When the penalty of suspension or revocation is
imposed by the Board the medical technologist shall be
required to surrender his certificate of registration within
thirty days after the decision becomes final, under the
pain of perpetual disqualification from the practice of
medical technology in the Philippines for inexcusable
failure to do so. The suspension shall run from the date
of such surrender.
Section 25. Appeal.
• The revocation or suspension of a certificate made by
the Board shall be subject to appeal to the Civil Service
Commissioner24 whose decision shall become final thirty
days after its promulgation, unless the respondent within
the same period has appealed to the office of the
President of the Philippines.
Section 26. Reinstatement, Reissue or Replacement of
Certificate.
• The Board may, upon application and for reason
deemed proper and sufficient, reissue any revoked
registration certificate. The suspension of a certificate
shall be re-issued to the medical technologist concerned
upon request without prejudice to further actions by the
Board for violation of the provisions of this Act or
conditions imposed by the Board upon the medical
technologist during the period of suspension.
Section 27. Foreign Reciprocity
Foreigner
• No examination admission
• No certificate of registration can be given
• Not entitled to any of the rights and privileges under this
Act
Transcriber: Geronimo, Claudine E.
[Medical Technology Laws and Bioethics] Republic Act 5527– Ms. Romena Liza F. Restua

Section 28. Roster of Medical Technologist • Approved, June 21, 1969.

• prepared annually
• name, address and citizenship, date of registration or
issuance of certificate
• other data
• open to public inspection
• Office of the President
• all Department Heads and all bureau, offices
and instrumentalities of the Department of
Health
• private or governmental

Section 29. Penal Provisions

• Fine - not less than two thousand pesos nor more
than five thousand pesos
• Imprisonment - not less than six months nor more
than two years
A. Practicing Med. Tech without license/not registered
B. Practising without the necessary supervision of a
qualified pathologist or physician authorized by the
Department of Health
✓ Practice of MT without being registered or exempted
from registration.
✓ Practice of MT without supervision of a
PATHOLOGIST or PHYSICIAN authorized by DOH.
✓ Making of FRAUDELENT REPORT.
✓ REFUSE or FAIL to DISPLAY their Cert. of
Registration in place where he/she works.
✓ PRESENTING or ATTEMPTING to use as his OWN
the Certificate of Registration of another.
✓ IMPERSONATE ANY REGISTRANT.
✓ Using REVOKED or SUSPENDED license.

Section 30. Separability Clause

• All acts, executive, rules and regulations, or parts
thereof inconsistent with the provisions to any persons
or circumstances is declare invalid by a court of
competent jurisdiction, the remainder of this Act of the
application of such provisions to other persons or
circumstances shall not be affected by such declaration.

Section 31. Repealing Clause.

• All acts, executive, rules and regulations, or parts
thereof inconsistent with the provisions of this Act are
hereby repealed: Provided, however, that nothing in this
Act shall be construed as repealing or amending any
portion of the Medical Act of 1959 (R.A. 2382, as
amended by R.A. 4224), the Clinical Laboratory Act of
1966 (R.A. 4688), and the Blood Banking Law of 1956
(R.A. 1517).

Section 32. Effectivity

• This Act shall take effect upon its approval.
Transcriber: Geronimo, Claudine E.
 LESSON 2:
REPUBLIC ACT no. 4688 Medical Technology Laws
and Bioethics
Ms. Romena Liza F. Restua || APR 29 2022

Republic Act No. 4688 Clinical Microscopy, Serology, Endocrinology,

• “Clinical Laboratory Act of 1966” Molecular Biology, Cytogenetics, Toxicology
• Approved on June 18, 1966 Therapeutic Drug Monitoring
• Regulate the operation and maintenance of clinical - Anatomical Pathology
laboratories and to require registration with the DOH ▪ Dx: Surgical, Immunology, Histopathologic,
Cytologic, Autopsy procedure, Forensic,
Molecular pathologic techniques
Any person, firm or corporation, operating and maintaining • Based on Institutional Character
a clinical laboratory in which body fluids, tissues, - Institution based
secretions, excretions and radioactivity from beings or ▪ Part of hospital, clinic, school , medical facility
animals are analyzed for the determination of the presence - Free standing
of pathologic organisms, processes and/or conditions in ▪ No affinity with other institution
the persons or animals from which they were obtained,
shall register and secure a license annually at the office
Classifications of Clinical Laboratory
of the Secretary of Health: provided, that government
• Based on Service Capability
hospital laboratories doing routine or minimum laboratory
- Primary
examinations shall be exempt from the provisions of this
▪ Routine hematology: Hgb, Hct, WBC, WBC
section if their
differential
▪ Routine UA & FA
• services are extensions of government regional or ▪ Qualitative platelet
central laboratories. ▪ Blood typing
- Professional in-charge of a registered clinical
laboratory: Licensed Physician - Secondary
• administration, direction and supervision ▪ All primary test PLUS
▪ Quantitative platelet
- Enforcer of this Law: Secretary of Health, through the ▪ Cross-matching
Bureau of Research and Laboratories ▪ Gram stain/KOH
▪ Routine chemistry: Glucose, urea, uric acid,
- Imprisonment: 1 month to 1 year cholesterol
Fine: one thousand to five thousand pesos
- Tertiary
Administrative Order No. 2007-0027 ▪ All Primary and Secondary PLUS
• Revised rules and regulations regarding the ▪ Special chemistry
establishment, operation and maintenance of clinical ▪ Special hematology: coagulation studies
laboratories. ▪ Immunology and serology
• August 22, 2007 ▪ Culture and sensitivity
- Scope: All clinical lab in the Philippines except
governing lab performing microscopy works for DOH

Classifications of Clinical Laboratory

• Based on Ownership
- Private (Individual, Corporation, Association)
- Government Owned (National or Local)
• Based on Function
- Clinical Pathology
▪ Clinical Chemistry, Hematology,
Immunohematology, Microbiology, Immunology,
[Medical Technology Laws and Bioethics] Republic Act 4688– Ms. Romena Liza F. Restua

• Classification by Ownership
- Government
- Private

• Classification by Institutional Character

- Institution based
- Non-institution based (Free standing (AO2007-
0027))

• Classification by Function
- Clinical Pathology
- Anatomic Pathology
- Molecular Pathology

• Classification based on Service Capability

- Clinical Laboratory for Clinical and Anatomic
Pathology
- Clinical Laboratory for Anatomic Pathology only
▪ Cytology and Histopathology
- Clinical Laboratory for Molecular Pathology
▪ Genetics, Immuno/Hemapathology and
Infectious Disease

Transcriber: Geronimo, Claudine E.

 LESSON 3:
REPUBLIC ACT no 1517 Medical Technology Laws
REPUBLIC ACT no 7719 and Bioethics
Ms. Romena Liza F. Restua || APR 29 2022

Republic Act No. 1517

• An act regulating the collection, processing and sale
of human blood, and the establishment and operation
of blood banks and blood processing laboratories.
• Approved on June 16, 1956

R.A. No. 7719

• National Blood Services Act
• Approved on May 5, 1994
• Amended R.A. 1517
• Phases out commercial blood banks nationwide and
regulated blood service facilities
• Promotes voluntary blood donation in the entire
country
• To provide for adequate, safe, affordable and
equitable distribution of supply of blood and blood
products;

Blood Bank Councils/Agencies

• Philippine Red Cross
- Republic Act No. 10072 “Phil. Red Cross Act of
2009” –Signed by Pres. Arroyo
- Provide quality life-saving services through its
voluntary blood donation drives.
- with government institutions to ensure that our
country has sufficient supply of safe and
transferable blood for patients needing
transfusion.

Blood Bank Councils/Agencies

• Philippine Blood Coordinating Council (PBCC)
1. Disseminate correct information to the public
regarding the benefits and advantages of
voluntary blood donation
2. Motivate different sectors of society to donate
blood voluntarily
3. Educate medical and paramedical personnel
regarding the proper utilization of blood
4. Promote the use of blood component therapy to
utilize blood to the fullest
5. Improve blood banking procedures and policies
6. Promote the interchange of concepts and
experiences in blood donation and transfusion
7. Foster participation in international activities in
blood banking and transfusion
 LESSON 4:
PRC Modernization Act of 2000 Medical Technology Laws
Ms. Romena Liza F. Restua || APR 29 2022 and Bioethics

PRC Board Examiner of Medical Technology

“Professional Regulation Commission’’ ▪ ‘BOARD’
• Is a government commission that oversees the ▪ Chairman : Pathologist
regulation of professionals in different fields through ▪ Members: (Two) Registered Medical Technology
enforcing policies and licensing of professions and ▪ Executive Officer: Commissioner of Civil Service
occupations under its jurisdiction. - Any member of the Board may be removed by the
• Established in 1973 President of the Philippines
• Supervised and coordinated by the Office of the ▪ neglect of duty
President of the Philippines ▪ Incompetency
▪ malpractice or unprofessional, unethical, immoral
History of PRC or dishonorable conduct
• Previously, Office of the Board of Examiners (R.A.
546, June 17, 1950 under Civil Service Commission) PRC Resolution No. 11 s. 2011
• Presidential Decree No. 223 – Pres. Ferdinand • Prescribes the guidelines for the registration of
Marcos Medical Laboratory Technicians
- Established as national government agency
- June 22, 1973
- CREATING THE PROFESSIONAL
REGULATION COMMISSION AND
PRESCRIBING ITS POWERS AND
FUNCTIONS
• P. Paredes St., Sampaloc, Manila

P.D. No. 223

• Head: One full time commissioner
• Two full time Associate commissioner
- Requirements;
▪ At least 40 years of age
▪ Familiar with the principles and methods of
professional regulation and/or licensing
▪ At least 5 years of executive or managerial
experience

R.A. 8981
▪ 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
▪ PRC MODERNIZATION ACT OF 2000
▪ December 5, 2000

PRC Mission
P – rofessionalism, integrity
R – esponsibility, unity and accountability
C –ompentence and excellence
 LESSON 5:
Republic Act 8504
Ms. Romena Liza F. Restua || MAY 03 2022
REPUBLIC ACT NO. 8504
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.
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:
• 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.
Medical Technology Laws
and Bioethics
• (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
(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.
[Medical Technology Laws and Bioethics] RA 8504– Ms. Romena Liza F. Restua

(j) "HIV Testing" — refers to any laboratory procedure during which an infected individual will test
done on an individual to determine the presence or "negative" upon HIV testing but can actually
absence of HIV infection. transmit the infection

(k) "HIV Transmission" — refers to the transfer of HIV ARTICLE 1:

from one infected person to an uninfected EDUCATION & INFORMATION
individual, most commonly through sexual
intercourse, blood transfusion, sharing of Sec. 4. HIV/AIDS education in schools.
intravenous needles and during pregnancy.
• The Department of Education, Culture and Sports
(DECS), the Commission on Higher Education
(l) "High-Risk Behavior" — refers to a person's
(CHED), and the Technical Education and skills
frequent involvement in certain activities which
Development Authority (TESDA), utilizing official
increase the risk of transmitting or acquiring HIV.
information provided by the Department of Health,
shall integrate instruction on the causes, modes of
(m) "Informed Consent" — refers to the voluntary
transmission and ways of preventing HIV/AIDS and
agreement of a person to undergo or be subjected
other sexually transmitted diseases in subjects taught
to a procedure based on full information, whether
in public and private schools at intermediate grades,
such permission is written, conveyed verbally, or
secondary and tertiary levels, including non-formal
expressed indirectly.
and indigenous learning systems: Provided, That if
the integration of HIV/AIDS education is not
(n) "Medical Confidentiality" — refers to the relationship
appropriate or feasible, the DECS and TESDA shall
of trust and confidence created or existing
design special modules on HIV/AIDS prevention and
between a patient or a person with HIV and his
control: Provided, further, That it shall not be used as
attending physician, consulting medical
an excuse to propagate birth control or the sale or
specialist, nurse, medical technologist and all
distribution of birth control devices: Provided, finally,
other health workers or personnel involved in any
That it does not utilize sexually explicit materials.
counselling, testing or professional care of the former;
it also applies to any person who, in any official
• Flexibility in the formulation and adoption of
capacity, has acquired or may have acquired such
appropriate course content, scope, and methodology
confidential information.
in each educational level or group shall be allowed
after consultations with Parent-Teachers-Community
(o) "Person with HIV" — refers to an individual whose
Associations, Private School Associations, school
HIV test indicates, directly or indirectly, that
officials, and other interest groups. As such, no
he/she is infected with HIV.
instruction shall be offered to minors without
adequate prior consultation with parents who must
(p) "Pre-Test Counselling" — refers to the process of
agree to the thrust and content of the instruction
providing an individual information on the biomedical
materials.
aspects of HIV/AIDS and emotional support to any
psychological implications of undergoing HIV
• All teachers and instructors of said HIV/AIDS courses
testing and the test result itself before he/she is
shall be required to undergo a seminar or training on
subjected to the test.
HIV/AIDS prevention and control to be supervised by
DECS, CHED and TESDA, in coordination with the
(q) "Post-Test Counselling" — refers to the process of
Department of Health (DOH), before they are allowed
providing risk-reduction information and
to teach on the subject.
emotional support to a person who submitted to
HIV testing at the time that the test result is
released. Sec. 5. HIV/AIDS information as a health service.
HIV/AIDS education and information dissemination shall
(r) "Prophylactic" — refers to any agent or device used form part of the delivery of health services by health
to prevent the transmission of a disease. practitioners, workers and personnel. The knowledge and
capabilities of all public health workers shall be enhanced
(s) "Sexually Transmitted Diseases" — refers to any to include skills for proper information dissemination and
disease that may be acquired or passed on education on HIV/AIDS. It shall likewise be considered a
through sexual contact. civic duty of health providers in the private sector to make
available to the public such information necessary to
(t) "Voluntary HIV Testing" — refers to HIV testing done control the spread of HIV/AIDS and to correct common
on an individual who, after having undergone pre-test misconceptions about this disease. The training or health
counselling, willingly submits himself/herself to such workers shall include discussions on HIV-related ethical
test. issues such as confidentiality, informed consent and the
duty to provide treatment.
(u) "Window Period" — refers to the period of time,
usually lasting from two weeks to six (6) months
Transcriber: Geronimo, Claudine E.
[Medical Technology Laws and Bioethics] RA 8504– Ms. Romena Liza F. Restua
Sec. 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..
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
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[Medical Technology Laws and Bioethics] RA 8504– Ms. Romena Liza F. Restua
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.
Sec. 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.
Sec. 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".
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
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[Medical Technology Laws and Bioethics] RA 8504– Ms. Romena Liza F. Restua
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.
Sec. 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.
Sec. 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.
Sec. 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;
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.
Sec. 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:cralaw
(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.
Sec. 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.
Sec. 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.
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[Medical Technology Laws and Bioethics] RA 8504– Ms. Romena Liza F. Restua
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.
Sec. 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.
Sec. 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.
Sec. 38. Inhibition from public service.
The right to seek an elective or appointive public office
shall not be denied to a person with HIV.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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:
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.
Sec. 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
and counselling services to those who are in need of it;
(5) The provision of acceptable health and support
services for persons with HIV/AIDS in hospitals and in
communities;
(6) The protection and promotion of the rights of
individuals with HIV; and
(7) The strict observance of medical confidentiality.
(b) Monitor the implementation of the rules and regulations
of this Act, issue or cause the issuance of orders or make
recommendations to the implementing agencies as the
Council considers appropriate;
(c) Develop a comprehensive long-term national HIV/AIDS
prevention and control program and monitor its
implementation;
(d) Coordinate the activities of and strengthen working
relationships between government and non-government
agencies involved in the campaign against HIV/AIDS;
(e) Coordinate and cooperate with foreign and international
organizations regarding data collection, research and
treatment modalities concerning HIV/AIDS; and
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[Medical Technology Laws and Bioethics] RA 8504– Ms. Romena Liza F. Restua
(f) Evaluate the adequacy of and make recommendations
regarding the utilization of national resources for the
prevention and control of HIV/AIDS in the Philippines.
Sec. 45. Membership and composition.
a) The Council shall be composed of twenty-six (26)
members as follows:
(1) The Secretary of the Department of Health;
(2) The Secretary of the Department of Education, Culture
and Sports or his representative;
(3) The Chairperson of the Commission on Higher
Education or his representative;
(4) The Director-General of the Technical Education and
Skills Development Authority or his representative;
(5) The Secretary of the Department of Labor and
Employment or his representative;
(6) The Secretary of the Department of Social Welfare
and Development or his representative;
(7) The Secretary of the Department of the Interior and
Local Government or his representative;
(8) The Secretary of the Department of Justice or his
representative;
(9) The Director-General of the National Economic and
Development Authority or his representative;
(10) The Secretary of the Department of Tourism or his
representative;
(11) The Secretary of the Department of Budget and
Management or his representative;
(12) The Secretary of the Department of Foreign Affairs or
his representative;
(13) The Head of the Philippine Information Agency or his
representative;
(14) The President of the League of Governors or his
representative;
(15) The President of the League of City Mayors or his
representative;
(16) The Chairperson of the Committee on Health of the
Senate of the Philippines or his representative;
(17) The Chairperson of the Committee on Health of the
House of Representatives or his representative;
(18) Two (2) representatives from organizations of
medical/health professionals;
(19) Six (6) representatives from non-government
organizations involved in HIV/AIDS prevention and control
efforts or activities; and
(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
(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.
Sec. 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.
Sec. 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.
Sec. 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 appropriate rules and
regulations necessary for the implementation of this
Act.
Sec. 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.
Sec. 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.
Sec. 52. Effectivity. — This Act shall take effect fifteen
(15) days after its publication in at least two (2) national
newspapers of general circulation.
Approved: February 13, 1998
Transcriber: Geronimo, Claudine E.
 LESSON 6:
Republic Act 9165
Ms. Romena Liza F. Restua || MAY 30 2022
“Comprehensive Dangerous Drugs Act of 2002”
Definition on Terms;
(a) Administer. – Any act of introducing any dangerous drug
into the body of any person, with or without his/her knowledge,
by injection, inhalation, ingestion or other means, or of
committing any act of indispensable assistance to a person in
administering a dangerous drug to himself/herself unless
administered by a duly licensed practitioner for purposes of
medication.
(b) Board. - Refers to the Dangerous Drugs Board under
Section 77, Article IX of this Act.v
(c) Centers. - Any of the treatment and rehabilitation centers for
drug dependents referred to in Section 34, Article VIII of this Act.
(d) Chemical Diversion. – The sale, distribution, supply or
transport of legitimately imported, in-transit, manufactured or
procured controlled precursors and essential chemicals, in
diluted, mixtures or in concentrated form, to any person or entity
engaged in the manufacture of any dangerous drug, and shall
include packaging, repackaging, labeling, relabeling or
concealment of such transaction through fraud, destruction of
documents, fraudulent use of permits, misdeclaration, use of
front companies or mail fraud.
(e) Clandestine Laboratory. – Any facility used for the illegal
manufacture of any dangerous drug and/or controlled precursor
and essential chemical.
(f) Confirmatory Test. – An analytical test using a device, tool
or equipment with a different chemical or physical principle that
is more specific which will validate and confirm the result of the
screening test.
(g) Controlled Delivery. – The investigative technique of
allowing an unlawful or suspect consignment of any dangerous
drug and/or controlled precursor and essential chemical,
equipment or paraphernalia, or property believed to be derived
directly or indirectly from any offense, to pass into, through or
out of the country under the supervision of an authorized officer,
with a view to gathering evidence to identify any person involved
in any dangerous drugs related offense, or to facilitate
prosecution of that offense.
(h) Controlled Precursors and Essential Chemicals. –
Include those listed in Tables I and II of the 1988 UN Convention
Against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances as enumerated in the attached annex, which is an
integral part of this Act.
(i) Cultivate or Culture. – Any act of knowingly planting,
growing, raising, or permitting the planting, growing or raising of
any plant which is the source of a dangerous drug.
(j) Dangerous Drugs. – Include those listed in the Schedules
annexed to the 1961 Single Convention on Narcotic Drugs, as
amended by the 1972 Protocol, and in the Schedules annexed
to the 1971 Single Convention on Psychotropic Substances as
Medical Technology Laws
and Bioethics
enumerated in the attached annex which is an integral part of
this Act.
(k) Deliver. – Any act of knowingly passing a dangerous drug to
another, personally or otherwise, and by any means, with or
without consideration.
(l) Den, Dive or Resort. – A place where any dangerous drug
and/or controlled precursor and essential chemical is
administered, delivered, stored for illegal purposes, distributed,
sold or used in any form.
(m) Dispense. – Any act of giving away, selling or distributing
medicine or any dangerous drug with or without the use of
prescription.
(n) Drug Dependence. – As based on the World Health
Organization definition, it is a cluster of physiological, behavioral
and cognitive phenomena of variable intensity, in which the use
of psychoactive drug takes on a high priority thereby involving,
among others, a strong desire or a sense of compulsion to take
the substance and the difficulties in controlling substance-taking
behavior in terms of its onset, termination, or levels of use.
(o) Drug Syndicate. – Any organized group of two (2) or more
persons forming or joining together with the intention of
committing any offense prescribed under this Act.
(p) Employee of Den, Dive or Resort. – The caretaker, helper,
watchman, lookout, and other persons working in the den, dive
or resort, employed by the maintainer, owner and/or operator
where any dangerous drug and/or controlled precursor and
essential chemical is administered, delivered, distributed, sold
or used, with or without compensation, in connection with the
operation thereof.
(q) Financier. – Any person who pays for, raises or supplies
money for, or underwrites any of the illegal activities prescribed
under this Act.
(r) Illegal Trafficking. – The illegal cultivation, culture, delivery,
administration, dispensation, manufacture, sale, trading,
transportation, distribution, importation, exportation and
possession of any dangerous drug and/or controlled precursor
and essential chemical.
(s) Instrument. – Any thing that is used in or intended to be used
in any manner in the commission of illegal drug trafficking or
related offenses.
(t) Laboratory Equipment. – The paraphernalia, apparatus,
materials or appliances when used, intended for use or
designed for use in the manufacture of any dangerous drug
and/or controlled precursor and essential chemical, such as
reaction vessel, preparative/purifying equipment, fermentors,
separatory funnel, flask, heating mantle, gas generator, or their
substitute.
(u) Manufacture. – The production, preparation, compounding
or processing of any dangerous drug and/or controlled precursor
[Medical Technology Laws and Bioethics] RA 8504– Ms. Romena Liza F. Restua
and essential chemical, either directly or indirectly or by
extraction from substances of natural origin, or independently by
means of chemical synthesis or by a combination of extraction
and chemical synthesis, and shall include any packaging or
repackaging of such substances, design or configuration of its
form, or labeling or relabeling of its container; except that such
terms do not include the preparation, compounding, packaging
or labeling of a drug or other substances by a duly authorized
practitioner as an incident to his/her administration or
dispensation of such drug or substance in the course of his/her
professional practice including research, teaching and chemical
analysis of dangerous drugs or such substances that are not
intended for sale or for any other purpose.
(v) Cannabis or commonly known as "Marijuana" or "Indian
Hemp" or by its any other name. – Embraces every kind,
class, genus, or specie of the plant Cannabis sativa L. including,
but not limited to, Cannabis americana, hashish, bhang, guaza,
churrus and ganjab, and embraces every kind, class and
character of marijuana, whether dried or fresh and flowering,
flowering or fruiting tops, or any part or portion of the plant and
seeds thereof, and all its geographic varieties, whether as a
reefer, resin, extract, tincture or in any form whatsoever.
(w) Methylenedioxymethamphetamine (MDMA) or
commonly known as "Ecstasy", or by its any other name. –
Refers to the drug having such chemical composition, including
any of its isomers or derivatives in any form.
(x) Methamphetamine Hydrochloride or commonly known
as "Shabu", "Ice", "Meth", or by its any other name. – Refers
to the drug having such chemical composition, including any of
its isomers or derivatives in any form.
(y) Opium. – Refers to the coagulated juice of the opium poppy
(Papaver somniferum L.) and embraces every kind, class and
character of opium, whether crude or prepared; the ashes or
refuse of the same; narcotic preparations thereof or therefrom;
morphine or any alkaloid of opium; preparations in which opium,
morphine or any alkaloid of opium enters as an ingredient;
opium poppy; opium poppy straw; and leaves or wrappings of
opium leaves, whether prepared for use or not.
(z) Opium Poppy. – Refers to any part of the plant of the
species Papaver somniferum L., Papaver setigerum DC,
Papaver orientale, Papaver bracteatum and Papaver rhoeas,
which includes the seeds, straws, branches, leaves or any part
thereof, or substances derived therefrom, even for floral,
decorative and culinary purposes.
(aa) PDEA. – Refers to the Philippine Drug Enforcement Agency
under Section 82, Article IX of this Act.
(bb) Person. – Any entity, natural or juridical, including among
others, a corporation, partnership, trust or estate, joint stock
company, association, syndicate, joint venture or other
unincorporated organization or group capable of acquiring rights
or entering into obligations.
(cc) Planting of Evidence. – The willful act by any person of
maliciously and surreptitiously inserting, placing, adding or
attaching directly or indirectly, through any overt or covert act,
whatever quantity of any dangerous drug and/or controlled
precursor and essential chemical in the person, house, effects
or in the immediate vicinity of an innocent individual for the
purpose of implicating, incriminating or imputing the commission
of any violation of this Act.
(dd) Practitioner. – Any person who is a licensed physician,
dentist, chemist, medical technologist, nurse, midwife,
veterinarian or pharmacist in the Philippines.
(ee) Protector/Coddler. – Any person who knowingly and
willfully consents to the unlawful acts provided for in this Act and
uses his/her influence, power or position in shielding, harboring,
screening or facilitating the escape of any person he/she knows,
or has reasonable grounds to believe on or suspects, has
violated the provisions of this Act in order to prevent the arrest,
prosecution and conviction of the violator.
(ff) Pusher. – Any person who sells, trades, administers,
dispenses, delivers or gives away to another, on any terms
whatsoever, or distributes, dispatches in transit or transports
dangerous drugs or who acts as a broker in any of such
transactions, in violation of this Act.
(gg) School. – Any educational institution, private or public,
undertaking educational operation for pupils/students pursuing
certain studies at defined levels, receiving instructions from
teachers, usually located in a building or a group of buildings in
a particular physical or cyber site.
(hh) Screening Test. – A rapid test performed to establish
potential/presumptive positive result.
(ii) Sell. – Any act of giving away any dangerous drug and/or
controlled precursor and essential chemical whether for money
or any other consideration.
(jj) Trading. – Transactions involving the illegal trafficking of
dangerous drugs and/or controlled precursors and essential
chemicals using electronic devices such as, but not limited to,
text messages, email, mobile or landlines, two-way radios,
internet, instant messengers and chat rooms or acting as a
broker in any of such transactions whether for money or any
other consideration in violation of this Act.
(kk) Use. – Any act of injecting, intravenously or intramuscularly,
of consuming, either by chewing, smoking, sniffing, eating,
swallowing, drinking or otherwise introducing into the
physiological system of the body, and of the dangerous drugs.
Importation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals.
Import or bring into the Philippines any dangerous drug,
regardless of the quantity and purity involved.
• Penalty: Life imprisonment to death
• Fine: Five hundred thousand pesos (P500,000.00) to
Ten million pesos (P10,000,000.00)
Import any controlled precursor and essential chemical.
• Penalty: Imprisonment twelve (12) years and one (1)
day to twenty (20) years
• Fine: One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00)
Protector/coddler of any violator of the provisions under
this Section.
• Penalty: Twelve (12) years and one (1) day to twenty
(20) years of imprisonment
Transcriber: Geronimo, Claudine E.
[Medical Technology Laws and Bioethics] RA 8504– Ms. Romena Liza F. Restua
Fine: One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00)
Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals.
Sell, trade, administer, dispense, deliver, give away to
another, distribute, dispatch in transit or transport any
dangerous drug.
• Penalty: Life imprisonment to death
• Fine: Five hundred thousand pesos (P500,000.00) to
Ten million pesos (P10,000,000.00)
Sell, trade, administer, dispense, deliver, give away to
another, distribute, dispatch in transit or transport any
controlled precursor and essential chemical, or shall act
as a broker in such transactions.
Any person, who acts as a protector/coddler of any
violator of the provisions under this Section.
• Penalty: Imprisonment twelve (12) years and one (1)
day to twenty (20) years
• Fine: One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00)
Maintenance of a Den, Dive or Resort
Any person or group of persons who shall maintain a den,
dive or resort where any dangerous drug is used or sold in
any form.
• Penalty: Life imprisonment to death
• Fine: Five hundred thousand pesos (P500,000.00) to
Ten million pesos (P10,000,000.00)
Any person or group of persons who shall maintain a den,
dive, or resort where any controlled precursor and essential
chemical is used or sold in any form.
• Penalty: Life imprisonment to death
• Fine: One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00)
Maintenance of a Den, Dive or Resort
Any dangerous drug be the proximate cause of the death of
a person using the same in such den, dive or resort.
• Penalty: Death?
• Fine: One million (P1,000,000.00) to Fifteen million
pesos (P15,000,000.00) shall be imposed on the
maintainer, owner and/or operator.
• *If it will be used to inject, ingest, inhale or otherwise
Any person, who acts as a protector/coddler of any violator
of the provisions under this Section.
• Penalty: Imprisonment twelve (12) years and one (1)
day to twenty (20) years
• Fine: One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00)
Employees and Visitors of a Den, Dive or Resort.
Any employee of a den, dive or resort, who is aware of the
nature of the place as such;
Penalty: Imprisonment twelve (12) years and one (1) day to
twenty (20) years
• Fine: One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00)
Manufacture of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals.
Any person, who, unless authorized by law, shall engage in the
manufacture of any dangerous drug.
• Penalty: Life imprisonment to death
• Fine: Five hundred thousand pesos (P500,000.00) to
Ten million pesos (P10,000,000.00)
Any person, who, unless authorized by law, shall manufacture
any controlled precursor and essential chemical
Any person, who acts as a protector/coddler of any violator of
the provisions under this Section.
• Penalty: Imprisonment twelve (12) years and one (1)
day to twenty (20) years
• Fine: One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00)
Illegal Chemical Diversion of Controlled Precursors and
Essential Chemicals.
Any person, who, unless authorized by law, shall illegally
divert any controlled precursor and essential chemical.
• Penalty: Imprisonment twelve (12) years and one (1)
day to twenty (20) years
• Fine: One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00)
Manufacture or Delivery of Equipment, Instrument,
Apparatus, and Other Paraphernalia for Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals.
Any person who shall deliver, possess with intent to
deliver, or manufacture with intent to deliver equipment,
instrument, apparatus and other paraphernalia for
dangerous drugs, knowing, or under circumstances where
one reasonably should know, that it will be used to plant,
propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain or conceal any
dangerous drug and/or controlled precursor and essential
chemical in violation of this Act
• Penalty: Imprisonment twelve (12) years and one (1)
day to twenty (20) years
• Fine: One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00)
introduce into the human body a dangerous drug.
• Penalty: Six (6) months and one (1) day to four (4) years
• Fine: Ten thousand pesos (P10,000.00) to Fifty thousand
pesos (P50,000.00)
Possession of Dangerous Drugs.
Possess any dangerous drug in the following quantities,
regardless of the degree of purity
• Penalty: Life imprisonment to death
• Fine: Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00)
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
Transcriber: Geronimo, Claudine E.
[Medical Technology Laws and Bioethics] RA 8504– Ms. Romena Liza F. Restua
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride or
"shabu";
(6) 10 grams or more of marijuana resin or marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as, but not
limited to, methylenedioxymethamphetamine (MDA) or
"ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine
(LSD), gamma hydroxyamphetamine (GHB), and those similarly
designed or newly introduced drugs and their derivatives,
without having any therapeutic value or if the quantity possessed
is far beyond therapeutic requirements, as determined and
promulgated by the Board in accordance to Section 93, Article
XI of this Act.
*If the quantity involved is less than the foregoing
quantities, the penalties shall be graduated as follows:
(1) Life imprisonment and a fine ranging from Four hundred
thousand pesos (P400,000.00) to Five hundred thousand
pesos (P500,000.00), if the quantity of methamphetamine
hydrochloride or "shabu" is ten (10) grams or more but less
than fifty (50) grams;
(2) Imprisonment of twenty (20) years and one (1) day to life
imprisonment and a fine ranging from Four hundred thousand
pesos (P400,000.00) to Five hundred thousand pesos
(P500,000.00), if the quantities of dangerous drugs are five (5)
grams or more but less than ten (10) grams of opium,
morphine, heroin, cocaine or cocaine hydrochloride, marijuana
resin or marijuana resin oil, methamphetamine hydrochloride
or "shabu", or other dangerous drugs such as, but not limited
to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those
similarly designed or newly introduced drugs and their
derivatives, without having any therapeutic value or if the
quantity possessed is far beyond therapeutic requirements; or
three hundred (300) grams or more but less than five (hundred)
500) grams of marijuana; and
(3) Imprisonment of twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from Three hundred thousand
pesos (P300,000.00) to Four hundred thousand pesos
(P400,000.00), if the quantities of dangerous drugs are less
than five (5) grams of opium, morphine, heroin, cocaine or
cocaine hydrochloride, marijuana resin or marijuana resin oil,
methamphetamine hydrochloride or "shabu", or other
dangerous drugs such as, but not limited to, MDMA or
"ecstasy", PMA, TMA, LSD, GHB, and those similarly designed
or newly introduced drugs and their derivatives, without having
any therapeutic value or if the quantity possessed is far beyond
therapeutic requirements; or less than three hundred (300)
grams of marijuana.
Possession of Equipment, Instrument, Apparatus and
Other Paraphernalia for
Dangerous Drugs.
Any person, who, unless authorized by law, shall possess
or have under his/her control any equipment, instrument,
apparatus and other paraphernalia fit or intended for
smoking, consuming, administering, injecting, ingesting,
or introducing any dangerous drug into the body
• Penalty: Imprisonment ranging from six (6) months
and one (1) day to four (4) years
• Fine: Ten thousand pesos (P10,000.00) to Fifty
thousand pesos (P50,000.00)
Possession of Dangerous Drugs During Parties, Social
Gatherings or Meetings.
• Any person found possessing any dangerous drug
during a party, or at a social gathering or meeting, or in
the proximate company of at least two (2) persons,
shall suffer the maximum penalties provided for in
Section 11 of this Act, regardless of the quantity and
purity of the dangerous drugs.
• *Section 11 Penalty
• Penalty: Life imprisonment to death
• Fine: Five hundred thousand pesos (P500,000.00) to
Ten million pesos (P10,000,000.00)
Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs During Parties, Social
Gatherings or Meetings
Any person, who shall possess or have under his/her control any
equipment, instrument, apparatus and other paraphernalia fit or
intended for smoking, consuming, administering, injecting,
ingesting, or introducing any dangerous drug into the body,
during parties, social gatherings or meetings, or in the proximate
company of at least two
(2) persons.
• Penalty: Imprisonment ranging from six (6) months and
one (1) day to four (4) years
• Fine: Ten thousand pesos (P10,000.00) to Fifty
thousand pesos (P50,000.00)
Use of Dangerous Drugs.
A person apprehended or arrested, who is found to be positive for
use of any dangerous drug, after a confirmatory test.
• 1st offense: minimum of six (6) months rehabilitation in
a government center
• 2nd offense
• Penalty: imprisonment ranging from six (6)
years and one (1) day to twelve (12) years
• Fine: Fifty thousand pesos (P50,000.00) to
Two hundred thousand pesos (P200,000.00)
Cultivation or Culture of Plants Classified as Dangerous
Drugs or Are Sources Thereof
Any person who shall plant, cultivate or culture marijuana,
opium poppy or any other plant regardless of quantity,
which is or may hereafter be classified as a dangerous drug
or as a source from which any dangerous drug may be
manufactured or derived
• Penalty: Life imprisonment to death
• Fine: Five hundred thousand pesos (P500,000.00) to
Ten million pesos (P10,000,000.00)
Protector/coddler
• Penalty: Imprisonment twelve (12) years and one (1)
day to twenty (20) years
Transcriber: Geronimo, Claudine E.
[Medical Technology Laws and Bioethics] RA 8504– Ms. Romena Liza F. Restua
• Fine: One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00)
Maintenance and Keeping of Original Records of
Transactions on Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals.
Any practitioner, manufacturer, wholesaler, importer,
distributor, dealer or retailer who violates or fails to comply
with the maintenance and keeping of the original records of
transactions on any dangerous drug and/or controlled
precursor and essential chemical
• Penalty: Imprisonment ranging from one (1) year and
one (1) day to six (6) years.
• Fine: Ten thousand pesos (P10,000.00) to Fifty
thousand pesos (P50,000.00)
Unnecessary Prescription of Dangerous Drugs.
Practitioner, who shall prescribe any dangerous drug to
any person whose physical or physiological condition
does not require the use or in the dosage prescribed
therein, as determined by the Board in consultation with
recognized competent experts who are authorized
representatives of professional organizations of
practitioners, particularly those who are involved in the
care of persons with severe pain.
Penalty: Imprisonment twelve (12) years and one (1) day to
twenty (20) years
Fine: One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00)
*Additional:
• Penalty of the revocation of his/her license to
practice
Unlawful Prescription of Dangerous Drugs.
Any person, who, unless authorized by law, shall make or
issue a prescription or any other writing purporting to be a
prescription for any dangerous drug.
• Penalty: Life imprisonment to death
• Fine: Five hundred thousand pesos
(P500,000.00) to Ten million pesos
(P10,000,000.00)
Article III.
DANGEROUS DRUGS TEST AND RECORD
REQUIREMENTS
• Authorized Drug Testing.
• Done by any government forensic laboratories or by
any of the drug testing laboratories accredited and
monitored by the DOH to safeguard the quality of test
results
• Two (2) testing methods;
• Screening test- determine the positive result
as well as the type of the drug used
• Confirmatory test will confirm a positive
screening test
• Drug test certificates issued by accredited drug testing
centers shall be valid for a one-year period from the
date of issue
• Subjected to undergo drug testing:
• Applicants for driver’s license.
• Applicants for firearm’s license and for permit to carry
firearms outside of residence.
• Students of secondary and tertiary schools.
• Officers and employees of public and private offices.
• Officers and members of the military, police and other
law enforcement agencies.
• All persons charged before the prosecutor’s office with
a criminal offense having an imposable penalty of
imprisonment of not less than six (6) years and one (1)
day shall have to undergo a mandatory drug test.
• All candidates for public office whether appointed or
elected both in the national or local government shall
undergo a mandatory drug test.
Issuance of False or Fraudulent Drug Test Results. – Any
person authorized, licensed or accredited under this Act and its
implementing rules to conduct drug examination or test, who
issues false or fraudulent drug test results knowingly, willfully or
through gross negligence, shall suffer the penalty of
imprisonment ranging from six (6) years and one (1) day to
twelve (12) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00).
An additional penalty shall be imposed through the revocation
of the license to practice his/her profession in case of a
practitioner, and the closure of the drug testing center
Laboratory Examination or Test on Apprehended/Arrested
Offenders.
• Any person apprehended or arrested for violating the
provisions of this Act shall be subjected to screening
laboratory examination or test within twenty-four (24)
hours.
• If found to be positive, the results of the screening
laboratory examination or test shall be challenged
within fifteen (15) days after receipt of the result
through a confirmatory test conducted in any
accredited analytical laboratory equipment with a gas
chromatograph/mass spectrometry equipment or
some such modern and accepted method
PDEA
• Philippine Drug Enforcement Agency
• Serves as the implementing arm of the Board, and
shall be responsible for the efficient and effective law
enforcement of all the provisions on any dangerous
drug and/or controlled precursor and essential
chemical.
• Headed by a Director General
Transcriber: Geronimo, Claudine E.
Bioethics o Contractarian or Moral Theory of
• Applied Ethics Contractarianism
• Combination of ethical theory and ▪ Moral obligation as stipulated
various disciplines such as in the contract
medicine, law, social sciences, ▪ Man’s action whether right
philosophy, and the like to address or wrong must be justified
the ethical issues of clinical in accordance with what
decision-making and medical has been agreed upon.
research.
o Natural Law of Ethics in
Objectives of Bioethics Deontology Theory – through
• Build positive attitude and behavior application of reason, it should
towards the chosen profession be possible to establish a body
of moral principles and rules
• Show concern for human life and those
▪ Principle of Double Effect
of other living organism
• Action should be
• Produce professionals in body, mind
performed only if the
and spirit
intention is to bring
• Establish a functional philosophy in life
about the good
effect, then the bad
Goals of Bioethics
effect will be an
• Ethical guidance
unintended or an
• Clarification indirect consequence
• Disciplines
• Structures ▪ Principle of Totality
• Internal auditing • Individual has a right to
• Inter-disciplinary approach dispose of his or her
organs or to destroy
Sub-disciplines of bioethics their capacity to
• Medical Ethics function only to the
• Animal Ethics extent that the general
• Environmental Ethics well-being of the whole
body demands it.
Theories of Bioethics
• Deontology Theory- focused on
• Teleological Theory –
the rightness or wrongness of an
“consequentialist theory , action
action rather than on the
is morally right if the consequence
consequences of the action
or outcome is good.
done.
o Utilitarian Theory
o Divine Command Theory ▪ Action is morally right if it
▪ Action done is right if results in happiness and
declared by the Almighty God
satisfaction. Such
to be right.
happiness can be
described as “greatest
o Natural Right Theory
happiness for the greatest
▪ Humans have absolute human
number of people”
rights
o Hedonism Theory
o Pluralistic Deontology Theory
▪ Pursuit of humankind is
▪ Affirms importance of seven
pleasure on its maximum
facie duties
level (net of pain or
suffering), the only way to
1. Beneficence – helping other
attain maximum pleasure is
people
happiness
2. Non-maleficence – not doing
harm
o Egoism Theory
3. Justice – equal rights
▪ Right action is maximized
4. Gratitude – benefiting other
when it benefits oneself
people for help extended
• Individual egoism – doing
5. Reparation – recompensing
other people for wrong acts things that benefit oneself
6. Promise-keeping – keeping • Personal egoism –
explicitly and implicitly the doing things at one’s
promises made best interest but
7. Self-improvement – improving makes no claims about
one self what anyone else
ought to do.
 • Universal egoism – acting in a
way that benefits everybody
o Asceticism Theory
▪ Life should have no pleasure
in order to achieve a spiritual
goal
▪ Forget material
things that makes
him/her happy
because the
ultimate happiness
is the moment a
person serves the
Almighty God
o Altruism Theory
▪ “Auguste Comte’s dictum” –
live for others
▪ Holds that man should
act to bring the best
consequence for
others at the expense
of his/her own
personal interest
o Rule Consequentialist Theory
▪ Moral behavior or action
should follow a certain
rule, but such rule should
be based on the
consequence
o Negative Consequentialist Theory
▪ Passive avoidance
of bad outcomes,
minimizing bad
consequences and
promoting the
good ones
• Virtue Theory
o based on the inherent
nature of an individual
rather than on the
consequence of the acts.
o Lifetime application and practice
of these virtues lead to happiness
and good life
Principles of Bioethics
• Respect for Autonomy
o Act of respecting the decision
of others. The person should
control his/her life. Nobody
should intervene with his/her
decision as to what is best for
him or her.
• Beneficence
o Principle of doing an
action that benefits
others. Doing good
things solves ethical
problems and dilemmas
• Non-maleficence
o Avoidance of “doing harm” to
others
• Justice
o Application of legal ethics, should
impose fairness to everyone
involve