Republic of the Philippines

Batangas City
OFFICE OF THE SANGGUNIANG PANLUNGSOD

ORDINANCE NO. ___ S. 2021

AN ORDINANCE CREATING THE BATANGAS CITY AIDS COUNCIL FOR THE
IMPLEMENTATION OF THE PHILIPPINE COMPREHENSIVE POLICY ON HIV, AIDS
PREVENTION, TREATMENT, CARE AND SUPPORT, REPEALING FOR THE PURPOSE
BATANGAS CITY ORDINANCE NO. 19 S.2016 OTHERWISE KNOWN AS BATANGAS CITY
MULTI-SECTORAL STI, HIV AND AIDS COUNCIL

AUTHOR: COUN. MARIA ALETH A. LAZARTE

CO-AUTHORS: ALL COUNCILORS

WHEREAS, declared in the 1987 Constitution is the policy of the State to protect and
promote the right to health of the people and instill health consciousness among them;

WHEREAS, Batangas City Ordinance No. 19 S.2016 (Batangas City Multi-sectoral

STI, HIV, and AIDS Council Ordinance) was enacted in answer to the mandates of RA No.
8504 otherwise known as the Philippine AIDS Prevention and Control Act of 1998;

WHEREAS, RA No. 8504 is now supplanted by RA 11166 also known as the

Philippine HIV and AIDS Policy Act, there is a need to repeal Ordinance No. 19 S.2016 and
enanct a new Ordinance to comply with the letter of the new law;

WHEREAS, the protection and promotion of health and general welfare of the
people of Batangas City is a prime goal of the City Government;

NOW THEREFORE, BE IT ENACTED by the Sangguniang Panlungsod in session

assembled:

Section 1. Short Title. – This Ordinance shall be known and cited as the Batangas
City HIV and AIDS Policy Ordinance.

Section 2. Declaration of Policy. – Batangas City recognizes that Human

Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) are
public health concerns that have wide-ranging social, political and economic impact that
the government has to address issues and incidents related thereto with utmost diligence
and anchored on the principles of human rights upholding human dignity.

Section 3. Definition of Terms. – Whenever used in this Ordinance, terms shall

have the following meaning adopted from RA 11166:

(a) Acquired Immune Deficiency Syndrome (AIDS) refers to a health condition where
these is a deficiency of immune system that stems from infection with the Human
Immunodeficiency Virus or HIV, making an individual susceptible to opportunistic
infections;

(b) Anti-retroviral Therapy (ART) refers to the treatment that stops or suppresses
viral replication or replications of a retrovirus like HIV, thereby slowing down the
progression of infection;
(c) Bullying refers to any severe or repeated use by one or more persons of a
written, verbal or electronic expression, or a physical act of gesture, or any
combination thereof, directed at another person that has the effect of actually
causing or placing the latter in reasonable fear of physical or emotional harm or
damage to one's property; creating a hostile environment for the other person;
infringing on the rights of another person; or materially and substantially disrupting
the processes or orderly operation of an institution or organization;

(d) Civil Society Organizations (CSOs) refer to groups of nongovernmental and

noncommercial individuals or legal entities that are engaged in non-coerced
collective action around shared interests, purpose and values;

(e) Community-Based Research refers to study undertaken in community settings,

which involve community members in the design and implementation of research
projects;

(f) Comprehensive Health Intervention for Key Populations refers to evidence-based

policies, programs, and approaches that aim to reduce transmission of HIV and its
harmful consequences on health, social relations and economic conditions;

(g) Compulsory HIV Testing refers to HIV testing imposed upon an individual
characterized by lack of consent, use of force or intimidation, the use of testing as a
prerequisite for employment or other purposes, and other circumstances when
informed choice is absent;

(h) Discrimination refers to unfair or unjust treatment that distinguishes, excludes,

restricts, or shows preferences based on any ground such as sex gender, age, sexual
orientation, gender identity and expression, economic status, disability, ethnicity,
and HIV status, whether actual or perceived, and which has the purpose or effect of
nullifying or impairing the recognition, enjoyment or exercise by all persons
similarly situated, of all their rights and freedoms;

(i) Evolving Capacities of the Child refers to the concept enshrined in Article 5 of the
Convention on the Rights of the Child recognizing the developmental changes and
the corresponding progress in cognitive abilities and capacity for self-determination
undergone by children as they grow up, thus requiring parents and others charged
with the responsibility for the child to provide varying degrees of protection, and to
allow their participation in opportunities for autonomous decision-making;

(j) Gender Expression refers to the way a person communicates gender identity to
others through behavior, clothing, hairstyles, communication or speech pattern, or
body characteristics;

(k) Gender Identity refers to the personal sense of identity as characterized, among
others, by manner of clothing, inclinations, and behavior in relation to masculine or
feminine conventions. A person may have a male or female identity with the
physiological characteristics of the opposite sex;

(l) Health Maintenance Organizations (HMO) refers to juridical entities legally

organized to provide or arrange for the provision of pre-agreed or designated health
care services to its enrolled members for a fixed pre-paid fee for a specified period
of time;

(m) High-risk Behavior refers to a person's involvement in certain activities that

increase the risk of transmitting or acquiring HIV;
(n) Human Immunodeficiency Virus (HIV) refers to the virus, of the type called
retrovirus, which infects cells of the human immune system, and destroys or
impairs the cells' function. Infection with HIV results in the progressive
deterioration of the immune system. Leading to immune deficiency;

(o) HIV Counseling refers to the interpersonal and dynamic communication process
between a client and a trained counselor, who is bound by a code of ethics and
practice to resolve personal, social, or psychological problems and difficulties, and
whose objective in counseling in the context of an HIV diagnosis is to encourage the
client to anxiety and stress, plan for the future (keeping healthy, the context of a
negative HIV test result, to encourage the client to explore motivations, options, and
skills to stay HIV-negative;

(p) HIV and AIDS Counselor refers to any individual trained by an institution or
organization accredited by the Department of Health (DOH) to provide counseling
services on HIV and AIDS with emphasis on behavior modification;

(q) HIV and AIDS Monitoring refers to the documentation and analysis of the number
of HIV and AIDS infections and the pattern of its spread;

(r) HIV and AIDS Prevention and Control refers to measures aimed at protecting non-
infected persons from contracting HIV and minimizing the impact of the condition
on persons living with HIV;

(s) HIV-Negative refers to the absence of HIV or HIV antibodies upon HIV testing;

(t) HIV-Positive refers to the presence of HIV infection as documented by the

presence of HIV and HIV antibodies in the sample being tested;

(u) HIV Testing refers to any facility-based, mobile medical procedure, or

community-based screening modalities that are conducted to determine the
presence or absence of HIV in a person's body. HIV testing is confidential, voluntary
in nature and must be accompanied by counseling prior to and after the testing, and
conducted only with the informed consent of the person;

(v) HIV-related Testing refers to any laboratory testing or procedure done or an

individual in relation to a person's HIV condition;

(w) HIV Testing Facility refers to any DOH accredited on-site or mobile testing
center, hospital, clinic, laboratory, and other facility that has the capacity to conduct
voluntary HIV counseling and HIV testing;

(x) HIV Transmission refers to the transfer of HIV from one infected person to an
uninfected individual, through unprotected sexual intercourse, blood transfusion,
sharing of contaminated intravenous needles, or which may occur during
pregnancy, delivery, and breastfeeding;

(y) Informed Consent refers to the voluntary agreement of a person to undergo or be

subjected to a procedure based on full information, whether such permission is
written or conveyed verbally;

(z) Key Affected Populations refers to those groups or persons at higher risk of HIV
exposure, or affected populations whose behavior make them likely to be exposed to
HIV or to transmit the virus;
(aa) Laboratory refers to an area or place, including community-based settings,
where research studies are being undertaken to develop local evidence for effective
HIV response;

(bb) Mature Minor Doctrine refers to the legal principle that recognizes the capacity
of some minors to consent independently to medical procedures, if they have been
assessed by qualified health professionals to understand the nature of procedures
and their consequences to make a decision on their own;

(cc) Medical Confidentiality refers to the core duty of medical practice where the
information provided by the patient to health practitioner and his/her health status
is kept private and is not divulged to third parties. The patient's health status can
however, be shared with other medical practitioner involved in the professional
care of the patient, who will also be bound by medical confidentiality. Medical
confidentiality applies to the attending physician, consulting medical specialist,
nurse, medical technologist and all other health workers or personnel involved in
any counseling, testing or professional care of the patient. It also applies to any
person who, in any officially capacity, has acquired or may have acquired such
confidential information;

(dd) Opportunistic infections refers to illnesses caused by various organism, many of

which do not cause diseases in persons with healthy immune system;

(ee) Partner Notification refers to the process by which the "index client", "source",
or "patient" who has a sexually transmitted infection (STI) including HIV, is given
support in order to notify and advise the partners that have been exposed to
infection. Support includes giving the index client a mechanism to encourage the
client's partner to attend counseling, testing and other prevention and treatment
services. Confidentiality shall be observed in the entire process;

(ff) Person Living with HIV (PLHIV) refers to any individual diagnosed to be infected
with HIV;

(gg) Pre-exposure Prophylaxis refers to the use of prescription drugs as a strategy for
the prevention of HIV infection by people who do not have the HIV and AIDS. It is an
optional treatment, which may be taken by people who are HIV-negative but who
have substantial, higher-than-average risk of contracting an HIV infection;

(hh) Pre-test Counseling refers to the process of providing an individual with

information on the biomedical aspects of HIV AIDS, and emotional support to any
psychological implications of undergoing HIV testing and the test result itself before
the individual is subjected to the test;

(ii) Post-exposure Prophylaxis refers to a preventive medical treatment started

immediately after exposure to pathogen(HIV) in order to prevent infection by the
pathogen and the development of the disease;

(jj) Post-test Counseling refers to the process of providing risk-reduction

information and emotional support to a person who submitted to HIV testing at the
time the result is released;

(kk) Prophylactic refers to any agent or device used to prevent the transmission of
an infection;

(ll) Provider-initiated Counseling and Testing refers to a health care provider

initiating HIV testing to a person practicing high-risk behavior or vulnerable to HIV
 after conducting HIV pre-test counseling. A person may elect to decline or defer
testing such that consent is conditional;

(mm) Redress refers to an act of compensation for unfairness, grievance, and

reparation;

(nn) Safer Sex Practices refers to choices made and behaviors adopted by a person to
reduce or minimize the risk of HIV transmission. These may include postponing
sexual debut, non-penetrative sex, correct and consistent use of made or female
condoms. And reducing the number of sexual partners;

(oo) Sexually Transmitted Infections (STIs) refers to infections that are spread
through the transfer of organisms from one person to another as a result of sexual
contact;

(pp) Sexual Orientation refers to the direction of emotional, sexual attraction, or

conduct towards people of the same sex (homosexual orientation) or towards
people of both sexes (bisexual orientation) or towards people of the opposite sex
(heterosexual orientation) or to the absence of sexual attraction (asexual
orientation);

(qq) Social Protection refers to a set of policies and programs designed to reduce
poverty and vulnerability by promoting efficient labor markets, diminishing
people's exposure to risks, and enhancing their capacity to protect themselves
against hazards, and interruptions on, or loss of income;

(rr) Stigma refers to the dynamic devaluation and dehumanization of an individual

in the eyes of others, which may be based on attributes that are arbitrarily defined
by others as discreditable or unworthy, and which results in discrimination when
acted upon;

(ss) Treatment hubs refer to private and public hospitals or medical establishments
accredited by the DOH to have the capacity and facility to provide treatment and
care services to PLHIV;

(tt) Voluntary HIV testing refers to HIV testing done on an individual who, after
having undergone pre-test counseling willingly submits to such test;

(uu) Vulnerable communities refer to the communities and groups suffering from
vulnerabilities such as unequal opportunities, social exclusion, poverty,
unemployment, and other similar social exclusion, poverty, unemployment, and
other similar social economic, cultural and political conditions making them more
susceptible to HIV infection and to developing AIDS; and

(vv) Workplace refers to the office, premise or work site where workers are
habitually employed and shall include the office or place where workers, with no
fixed or definite work site, regularly report for assignment in the course of their
employment.

Section 4. Batangas City AIDS Council. – the Multi-Sectoral STI, HIV and AIDS Council
and its Technical Working Group established under Section 4 of Batangas City Ordinance
No. 19 S.2016, otherwise known as the “Batangas City Multi-Sectoral STI, HIV and AIDS
Council ", shall be reconstituted into the Batangas City AIDS Council (BCAC) and
streamlined to ensure the implementation of the City's response to the HIV and AIDS
situation.
Section 5. Functions. - The BCAC shall perform the following functions;

(a) Develop the City’s AIDS Medium Term Plan (AMTP) in collaboration with
relevant government agencies, CSOs, the PLHIV community, and the other
stakeholders;

(b) Ensure the operationalization and implementation of the AMTP;

(c) Strengthen the collaboration between government agencies and CSOs involved
in the implementation of the HIV and AIDS response, including the delivery of HIV
and AIDS related services;

(d) Develop and ensure the implementation of the guidelines and policies provided
in this Ordinance, including other policies that may be necessary to implement the
City AMTP;

(e) Monitor the progress of the response to the city's HIV and AIDS situation;

(f) Monitor the implementation of the AMTP, undertake mid-term assessments and
evaluate its impact;

(g) Mobilize sources of funds for the AMTP;

(h) Mobilize its members to conduct monitoring and evaluation of HIV-related

programs, policies, and services within their mandate;

Section 6. Memberships and Composition. – The Batangas City AIDS Council shall be
composed of the following:

City Mayor – Chairman

City Health Officer – Vice Chairman

Members:
1. City Schools Superintendent
2. City Social Welfare and Development Officer
3. City DILG Operations Officer
4. Chairman, SP Committee on Health
5. Public Employment Services Officer
6. City Human Resources Management and Development Officer
7. Representative from Higher Education Institutions
8. SK Federation Chairman
9. Public Information Officer
10. City Budget Officer
11. Two (2) representatives from organization of persons living with HIV/AIDS
12. One (1) representative from private organization with expertise in standard
setting and service delivery; and
13. Six (6) representatives from NGOs working for the welfare of identified key
populations.

The BCAC shall meet at least once every quarter. The presence of the Chairperson or
the Vice Chairperson of the BCAC, and at least ten (10) other BCAC members and/or
permanent representatives shall constitute a quorum to do business, and a majority vote of
those present shall be sufficient to pass resolutions or render decisions.
Section 7. Secretariat. - The BCAC shall be supported by a secretariat consisting of
personnel with the necessary technical expertise and capacity.

The Secretariat shall perform the following functions:

(a) Coordinate and manage the day-to-day affairs of the BCAC;

(b) Assist in the formulation, monitoring, and evaluation of policies and the AMTP;

(c) Provide technical assistance, support and advisory services to the BCAC and its
external partners;

(d) Assist the BCAC in identifying and building internal and external networks and
partnerships;

(e) Coordinate and support the efforts of the BCAC and its members to mobilize
resources;

(f) Serve as the repository of HIV and AIDS-related information;

(g) Disseminate update, accurate, relevant, and comprehensive information about

the city's HIV and AIDS situation to BCAC members, policy makers, and the media;

(h) Provide administrative support to the BCAC; and

(i) Coordinate, fund and implement, as directed by the BCAC, the interventions
identified by the Council as gaps in the AMTP implementation, in cooperation with
the CSOs and PLHIV community.

Section 8. AIDS Medium Term Plan (AMTP). The BCAC shall formulate and periodically
update the six (6)-year AMTP, a multi-sectoral strategic plan to prevent and control the
spread of HIV and AIDS in the city. The AMTP shall include the following:

(a) The city's target and strategies in addressing the HIV and AIDS situation;

(b) The prevention, treatment care and support, and other components of the city's
response;

(c) The operationalization of the program, overseeing, coordinating, facilitating, and

monitoring the implementation of its AIDS program for the City; and

(d) Identify the sources of funds for its implementation.

Section 9. The Role of CHO. - The City Health Office shall coordinate with the BCAC for the
implementation of the health sector's HIV and AIDS and STI response as identified in the
AMTP.

The Epidemiology Division of the CHO shall maintain a comprehensive HIV and AIDS
monitoring and evaluation program that shall serve the following purposes:

(a) Determine and monitor the magnitude and progression of HIV and AIDS in the
City and regularly provide a list of priority areas with high magnitude of HIV and
AIDS cases and co-infections to help the BCAC evaluate the adequacy and efficacy of
HIV prevention and treatment programs being employed;
 (b) Receive, collate, process, and evaluate all HIV-and-AIDS-related medical reports
from all hospitals, clinics, laboratories and testing centers, including HIV-related
deaths and relevant data from public and private hospitals, clinics, laboratories and
testing centers, including HIV-related deaths and relevant data from public and
private hospitals, various databanks or information systems; Provided, That it shall
adopt a coding system that ensures anonymity and confidentiality; and

(c) Submit quarterly and annual reports to the BCAC containing the findings of its
monitoring and evaluation activities in compliance with this mandate.

Section 10. Protection of Human Rights. - The city's response to the HIV and AIDS
situation shall be anchored on the principle of human rights and human dignity. Public
health concerns shall be aligned with internationally-recognized human rights instruments
and standards.

Towards this end, the members of the BCAC, in cooperation with CSOs, and in
collaboration with the Department of Justice (DOJ) and the Commission on Human Rights
(CHR), shall ensure the delivery of non-discriminatory HIV and AIDS services by
government and private HIV and AIDS service provider.

Section 11. Prevention Program. - There shall be an HIV and AIDS prevention program
that will educate the public on HIV and AIDS and other STIs with the goal of reducing risky
behavior, lowering vulnerabilities, and promoting the human rights of PLHIV.

The BCAC shall promote and adopt a range of measures and interventions, in
partnership with CSOs that aim to prevent, halt, or control the spread of HIV in the general
population, especially among the key populations and vulnerable communities. These
measures shall likewise promote the rights, welfare, and participation of PLHIV and the
affected children, young people, families, and partners of PLHIV.

The HIV and AIDS education and prevention programs shall be age-appropriate and
based on up-to-date evidence and scientific strategies, and shall actively promote:

(a) Safer sex practices among the general population, including sexual abstinence,
sexual fidelity, and consistent and correct condom use especially among key
populations;

(b) Other practices that reduce risk of HIV infection;

(c) Universal awareness of and access to evidence-based and relevant information

and education, and medically safe, legally affordable, effective, and quality
treatment; and

(d) Knowledge of the health, civil, political, economic, and social rights of PLHIV and
their families.

Section 12. Education in Learning Institutions. - Using standardized information and

data from the BCAC, the City Schools Division and higher learning institutions in Batangas
City, and the Technical Education and Skills Development Authority (TESDA), shall
integrate basic and age-appropriate instruction on the causes, modes of transmission, and
ways of preventing the spread of HIV and AIDS and other STIs in their respective curricula
taught in public and private learning institutions, including alternative and indigenous
learning systems. The learning modules shall include human rights-based principles and
information on treatment, care, and support to promote stigma reduction.
 The learning modules that shall be developed to implement this provision shall be
done in coordination with the BCAC and stakeholders in the education sector. Referral
mechanisms, including but not limited to, the DSWD Referral System, shall be included in
the modules for key populations and vulnerable communities.

The City Schools and higher learning institutions in Batangas City, and TESDA shall
ensure the development and provision of psychosocial support and counseling in learning
institutions, for the development of positive health, and promotion of values and behavior
pertaining to reproductive health, in coordination with the DOH.

Section 13. Education for Parents and Guardians. - The DepEd in coordination with
parent-teacher organizations in schools and communities shall conduct awareness-
building seminars in order to provide parents and guardians with a gender-responsive and
age-sensitive HIV and AIDS education.

Section 14. Education as Right to Health and Information. - HIV and AIDS education and
information dissemination shall form part of the constitutional right to health.

Section 15. HIV and AIDS Information as a Health Service. - HIV and AIDS education and
information dissemination shall form part of the delivery of health services by health
practitioners, workers, and personnel. The knowledge and capabilities of all public health
workers shall be enhanced to include skills for proper information dissemination and
education on HIV and AIDS. It shall likewise be considered a civic duty of health care
providers in the private sector to make available to the public such information necessary
to prevent and control the spread of HIV and AIDS, and to correct common misconceptions
about this disease. The training of health workers shall include discussions on HIV-related
ethical issues such as confidentiality, informed consent, and the duty to provide treatment.

Section 16. Education in the Workplace. - All public and private employers and
employees, including members of the Philippine National Police (PNP), shall be regularly
provided with standardized basic information and instruction of HIV and AIDS, including
topics on confidentiality in the workplace and reduction or elimination of stigma and
discrimination.

The BCAC shall develop the standardized and key messages on the prevention and
control of HIV and AIDS based on current and updated information on the disease.

Section 17. Information for Tourists and Transients. - Educational materials on the
causes, modes of transmission, prevention, and consequences of HIV infection and list of
HIV counseling testing facilities shall be adequately provided at the Batangas International
Port and local ports of entry and exit. The PIO, together with other relevant City
Government agencies, in coordination with the BCAC and stakeholders in the tourism
industry, shall lead the implementation of this section.

Section 18. Education in Communities. - The City DILG Operations Office through the
Barangay Officials, and the Batangas City Local Health Board in coordination with the
BCAC, shall implement a locally-based, multi-sectoral community response to HIV and AIDS
through various channels on evidence-based, gender-responsive, age-appropriate, and
human rights-oriented prevention tools to stop the spread of HIV. Gender and
Development (GAD) funds and other sources may be utilized for these purposes.

Indigenous peoples communities and geographically isolated and disadvantaged

areas (GIDA) shall also be given due focus in the implementation of this section.

The City DILG Operations Officer, in coordination with the CSWD and the SK, shall
also conduct age-appropriate HIV and AIDS education for out-of-school youth.
Section 19. Education for Key Populations and Vulnerable Communities. - To ensure
that HIV services reach key populations at higher risk, the BCAC, in collaboration with the
Barangays and CSOs engaged in HIV and AIDS education programs, shall provide peer
education, support groups, outreach activities, and community-based research that target
these populations and other vulnerable communities. The CHO shall, in coordination with
appropriate City Government offices and the BCAC, craft the guidelines, and standardized
information messages for peer education, support group, and outreach activities.

Section 20. Information on Prophylactics. - Appropriate information shall be attached to,

or provided with every prophylactic offered for sale or given as donation. Such information
shall be legibly printed in English and Filipino, and contain literature on the proper use of
the prophylactic device or agent, and its efficacy against HIV and STI.

Section 21. Misinformation on HIV and AIDS. - Misinformation on HIV and AIDS, which
includes false and misleading advertising and claims in any form of media. Including
traditional media, internet and social platform, and mobile applications, of the promotional
marketing of drugs, devices, agents or procedures without prior approval from the DOH
through the Food and Drug Administration (FDA), and without the requisite medical and
scientific basis, including markings and indications in drugs and devices or agents, claiming
to be a cure or a fail-safe prophylactic for HIV infection shall be prohibited.

Section 22. HIV Prevention Measure. - The BCAC, in coordination with the CHO, and
other relevant government agencies, private sector, CSOs, faith-based organizations, and
PLHIVs, shall implement preventive measures, including but not limited, to the following:

(a) Creation of rights-based and community-led behavior modification programs

that seek to encourage HIV risk reduction behavior among PLHIVs;

(b) Establishment and enforcement of rights-based mechanisms to strongly

encourage newly tested HIV-positive individuals to conduct partner notification and
to promote HIV status disclosure to partners;

(c) Establishment of standard precautionary measures in public and private health

facilities;

(d) Accessibility of ART and management of opportunistic infections;

(e) Mobilization of communities of PLHIV for public awareness campaigns and

stigma reduction activities; and

(f) Establish comprehensive human rights and evidence-based policies, programs,

and approaches that aim to reduce transmission of HIV and its harmful
consequences to members of key affected populations.

The enforcement of this section shall not lead to, or result in the discrimination or
violation of the rights of PLHIV and the service provider implementing the program,
including peer educators and community-based testing providers.

Section 23. Comprehensive Health Intervention for Key Populations. - The City DILG
Operations Office and the CHO, in partnership with the key populations, shall establish a
human rights and evidence-based HIV prevention policy and program for people who have
higher risk of HIV infection and other key populations.

Section 24. Preventing Mother-to-Child HIV Transmission. The CHO shall adopt
programs established by the DOH to prevent mother-to-child HIV transmission that shall
be integrated in its maternal and child health services.
Section 25. Standard Precaution on the Donation of Blood, Tissue, or Organ. - The
CHO shall enforce the following guidelines of the DOH on the donation of blood, tissue, or
organ:

(a) Donation of tissue or organ, whether gratuitous or onerous, shall be accepted by

a laboratory or institution only after a sample from the donor has been tested
negative for HIV;

(b) All donated blood shall also be subjected to HIV testing;

(c) All donors whose blood, organ or tissue has been tested positive shall be
deferred from donation, notified of their HIV status, counselled, and referred for
care and clinical management as soon as possible;

(d) Donations of blood, tissue, or organ testing positive for HIV may be accepted for
research purposes only, and shall be subject to strict sanitary disposal
requirements; and

(e) A second testing may be demanded as a matter of right by the blood, tissue, or
organ recipient or his/her immediate relatives before transfusion or transplant,
except during emergency cases.

Section 26. Testing of Organ Donation. -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 one's blood, organ, or tissue for
transfusion, transplantation, or research; and

(b) A legacy and a donation are executed in accordance with Sections 3 and 4
respectively, of Republic Act No. 7170, otherwise known as the "Organ Donation Act
of 1991".

Section 27. Guidelines on Medical Management, Surgical, and Other Related

Procedures. The CHO shall adopt the guidelines issued by the DOH on medical
management of PLHIV and protocol on precautions against HIV transmission during
surgical, dental, embalming, body painting, or tattooing that require the use of needles or
similar procedures. The necessary protective equipment such as gloves, goggles, and gowns
shall be prescribed and required, and made available to all physicians and health care
providers, tattoo artist, and similarly exposed personnel at all times. The CHO shall likewise
adopt the DOH guidelines on the handling and disposal of cadavers, body fluids, or wastes
of persons known or believed to be HIV-positive.

Section 28. HIV Testing. - As a policy, the City Government of Batangas shall encourage
voluntary HIV testing. Written consent from the person taking the test must be obtained
before HIV testing.

HIV testing shall be made available under the following circumstances:

(a) In keeping with the principle of the evolving capacities of the child as defined in
Section 3(i) of this Ordinance, if the person is fifteen (15) to below eighteen (18)
years of age, consent to voluntary HIV testing shall be obtained from the child
without the need of consent from a parent or guardian;

(b) In keeping with the mature minor doctrine as defined in Section 3(bb) of this
Ordinance, any young person aged below fifteen (15) who is pregnant or engaged in
high-risk behavior shall be eligible for HIV testing and counseling, with the
 assistance of a licensed social worker or health worker. Consent to voluntary HIV
testing shall be obtained from the child without the need of consent from a parent or
guardian; and

(c) In all other cases not covered by (b) of this section, consent to voluntary HIV
testing shall be obtained from the child's parent or legal guardian if the person is
below fifteen (15) years of age or is mentally incapacitated. In cases when the child's
parents or legal guardian cannot be located despite reasonable efforts, or if the
child's parent or legal guardian refused to give consent of the minor shall also be
required prior to the testing.

In every circumstance, proper counseling shall be conducted by a social worker, a health

care provider, or other health care professional accredited by the DOH or the DSWD.

HIV testing guidelines issued by the DOH shall include guidance for testing minors and for
the involvement of parents or guardians in HIV testing of minors.

Section 29. Compulsory HIV Testing. Compulsory HIV testing shall be allowed only in the
following instances:

(a) When it is necessary to test a person who is charged with any of the offenses
punishable under Articles 264 and 266 on serious and slight physical injuries, and
Article 335 and 338 on rape and simple seduction, both of Act No. 3815 or the "The
Revised Penal Code", as amended, and as also amended by Republic Act. No. 8553,
otherwise known as "The Anti-Rape Law of 1997";

(b) When it is necessary to resolve relevant issues under Executive Order No. 209,
otherwise known as "The Family Code of the Philippines"; and

(c) As a prerequisite in the donation of blood in compliance with the provisions of

Republic Act No. 7170, otherwise known as the "Organ Donation Act of 1991", and
Republic Act No. 7719, otherwise known as the "National Blood Services Act of
1994".

Section 30. Mechanisms and Standards on Routine Provider-Initiated and Client-

Initiated HIV Counseling and Testing. – The CHO adopts the guidelines set by the DOH
for the implementation of this section, particularly, the authority of the DOH to:

(a) Accredit public private HIV testing facilities based on capacity to deliver testing
services including HIV counseling: Provided, That only DOH-accredited HIV testing
facilities shall be allowed to conduct HIV testing;

(b) Develop the guidelines for HIV counseling and testing, including mobile HIV
counseling and testing, and routine provider-initiated HIV counseling and testing
that shall ensure among others, that HIV tesing is based on informed consent, is
voluntary and confidential, is available at all times and provided by the qualified
persons and DOH-accredited providers;

(c) Accredit institutions or organizations that train HIV and AIDS counselors in
coordination with DSWD;

(d) Accredit competent HIV and AIDS counselors for persons with disability
including but not limited to, translator for the hearing-impaired and Braille for the
visually-impaired clients, in coordination with the National Council for Disability
Affairs (NCDA);
 (e) Set the standards for HIV counseling and shall work closely with HIV and AIDS
CSOs that train HIV and AIDS counselors and peer educators, in coordination and
participation of NGOs, government organizations (GOs), and Civil Society
Organizations of PLHIV (CSO-PLHIV); and

(f) Ensure access to routine provider-initiated counseling and testing as part of

clinical are in all health care in all health care settings for the public.

All HIV testing facilities shall provide free pre-test and post-test HIV counseling to
individuals who wish to avail of HIV testing, which shall likewise be confidential. No HIV
testing shall be conducted without informed consent. The State shall ensure that specific
approaches to HIV counseling and testing are adopted based on the nature and extent of
HIV and AIDS incidence in the country.

Pre-test counseling and post-test counseling shall be done by the HIV and AIDS
counselor, licensed social worker, licensed health service provider for free.

Section 31. HIV Testing for Pregnant Women. - A health care provider who offers pre-
natal medical care shall offer provider-initiated HIV testing for pregnant women. The DOH
shall provide the necessary guidelines for healthcare providers in the conduct of the
screening procedure.

Section 32. Treatment of Persons Living with HIV and AIDS. - The DOH shall establish a
program that will provide free and accessible ART and medication for opportunistic
infections to all PLHIVs who are enrolled in the program. It shall likewise designate public
and private hospitals to become treatment as hubs. A manual of procedures for
management of PLHIV shall be developed by the DOH.

Section 33. Access to Medical Services by Indigents. - Indigent persons living with HIV
shall not be deprived of access to medical services. The CHO and CSWD shall establish a
program that will support better access to ART and medication for opportunistic infections
to all indigent PLHIV, which includes financial support for necessary medical services
related to the person's HIV condition.

Section 34. Economic Empowerment and Support. - PLHIV shall not be deprived of any
employment, livelihood, micro-finance, self-help, and cooperative programs by reason of
their HIV status. The CSWD, in coordination with the DILG, DOLE, and TESDA, shall develop
enabling policies and guidelines to ensure economic empowerment and independence
designed for PLHIV.

Section 35. Care and Support for Persons Living with HIV. - The CSWD, in coordination
with the CHO, shall develop care and support programs for PLHIV, which shall include
peer-led counseling and support, social protection, welfare assistance, and mechanisms for
case management. These programs shall include care and support for the affected children,
families, partners, and support groups of PLHIV.

Section 36. Care and Support for Affected Families, Intimate Partners, Significant
Others and Children of People Living with HIV. - The CSWD, CHO, in consultation with
CSOs and affected families of PLHIV shall develop care and support programs for affected
families, intimate partners, significant others, and children of PLHIV, which shall include
the following:

(a) Education programs that reduce HIV-related stigma, including counseling to

prevent HIV-related discrimination within the family;
 (b) Educational assistance for children infected with HIV and children orphaned by
HIV and AIDS; and

(c) HIV treatment and management of opportunistic infections for minors living HIV
who are not eligible under the Outpatient HIV and AIDS Treatment (OHAT) Package
of the Philippine Health Insurance Corporation (PhilHealth).

Section 37. Care and Support Program in Prisons and Others Closed-Setting
Institutions. - All prisons, rehabilitation centers, and other closed-setting institutions shall
have comprehensive STI, HIV and AIDS prevention and control program that includes HIV
education and information, HIV counseling and testing, and access to HIV treatment and
care services. The CHO, in coordination with DILG, DOJ, and CSWD, shall develop HIV and
AIDS comprehensive programs and policies, which include the HIV counseling and testing
procedures in prisons, rehabilitation centers, and other closed-setting institutions.

PLHIV in prisons, rehabilitation centers, and other closed settings institutions shall
be provided HIV treatment, which includes anti-retroviral drugs, care, and support in
accordance with the national guidelines. Efforts should be undertaken to ensure the
continuity of care at all stages, from admission or imprisonment to release. The provision
on informed consent and confidentiality shall also apply in closed-setting institutions.

Section 38. Non-discriminatory HIV and AIDS Services. - The members of the BCAC, in
cooperation with the CSOs, and in collaboration with DOJ and CHR, shall ensure the
delivery of non-discriminatory HIV and AIDS services by government and private HIV and
AIDS service providers.

Section 39. Protection of HIV Educators, Licensed Social Workers, Health Workers,
and Other HIV and AIDS Service Providers from Harassment. - Any person involved in
the provision of HIV and AIDS services, including peer educators, shall be protected from
suit, arrest or prosecution, and from civil, criminal or administrative liability, on the basis
of their delivery of such services in HIV prevention. This protection does not cover acts
which are committed in violated of this Act.

Section 40. Health Insurance and Similar Health Services. – The CHO and the BCAC
shall assist PLHIV in availing the benefits and services of the PhilHealth mandated under
RA 11166, such as:

(a) Develop a benefit package for PLHIV that shall include coverage for in-patient
and out-patient medical and diagnostic service, including medication and treatment;

(b) Develop a benefit package for the unborn and the newborn child from infected
mothers;

(c) Set a preference price for HIV services in government hospitals;

(d) Conduct programs to educate the human resource units of companies on the
PhilHealth package on HIV and AIDS; and

(e) Develop a mechanism for orphans living with HIV to access HIV benefit package.

The PhilHealth shall enforce confidentiality in the provision of these packages to

PLHIV. No PLHIV shall be denied or deprived of private health insurance under a Health
Maintenance Organization (HMO) and private life insurance coverage under a life
insurance company on the basis of the person's HIV status. Furthermore, no person shall be
denied of his insurance claims if he dies of HIV or AIDS under a valid and subsisting life
insurance policy.
 The insurance Commission (IC) shall implement this provision and shall develop the
necessary policies to ensure compliance.

Section 41. HIV and AIDS Monitoring and Evaluation. - The CHO shall maintain a
comprehensive HIV and AIDS monitoring and evaluation program that shall serve the
following purposes:

(a) Determine and monitor the magnitude and progression of HIV and AIDS in
Batangas City to help the city government evaluate the adequacy and efficacy of HIV
prevention and treatment programs being employed;

(b) Receive, collate, process, and evaluate all HIV and AIDS-related medical reports
from all local hospitals, clinics, laboratories and testing centers, including HIV-
related deaths and relevant data from public and private hospitals, various
databanks or information systems: Provided, That it shall adopt a coding system that
ensures anonymity and confidentiality; and

(c) Submit, an annual report to the BCAC containing the findings of its monitoring
and evaluation activities in compliance with this mandate.

Section 42. Confidentiality. - The confidentiality and privacy of any individual who has
been tested for HIV, has been exposed to HIV, has HIV infection or HIV- and AIDS-related
illnesses, or was treated for HIV-related illnesses shall be guaranteed. The following acts
violate confidentiality and privacy:

(a) Disclosure of Confidential HIV and AIDS Information. - Unless otherwise provided
in Section 45 of this Act, it shall be unlawful to disclose, without written consent,
information that a person has AIDS, has undergone HIV-related test, has HIV
infection or HIV-related illnesses, or has been exposed to HIV.

The prohibition shall apply to any person, natural or juridical, whose work or
function involves the implementation of this Act, or the delivery of HIV-related
services, including those who handle or have access to personal data or information
in the workplace, and who, pursuant to the receipt of the required written consent
from the subject of confidential HIV and AIDS information, have subsequently been
granted access to the same confidential information.

(b) Media Disclosure. - It shall be unlawful for any editor, publisher, reporter or
columnist, in case of printed materials, or any announcer or producer in case of
television and radio broadcasting, or any producer pr director of films in case of the
movie industry, or any other individual or organization in case of social media, to
disclose the name, picture, or any information that would reasonably identify
persons living with HIV and AIDS, or any confidential HIV and AIDS information,
without the prior written consent of their subjects except when the persons waive
said confidentiality through their own acts and omissions under Section 4(a) of
Republic Act No. 10175, Otherwise known as the "Cybercrime Prevention Act of
2012" and Section 25 of Republic Act No. 10173, "Data Privacy Act of 2012".

Section 43. Exceptions. - Confidential HIV and AIDS information may be released by HIV
testing facilities without consent in the following instances:

(a) When complying with reportorial requirements of the national active passive
surveillance system of the DOH: Provided, That the information related to a person's
identify shall remain confidential;
 (b) When informing other health workers directly involved in the treatment or care
of a PLHIV: Provided, That such worker shall be required to perform the duty of
shared medical confidentiality; and

(c) When responding to a subpoena duces tecum and subpoena ad

testificandum issued by a court with jurisdiction over a legal proceeding where the
main issue is the HIV status of an individual: Provided, That the confidential medical
record, after having been verified for accuracy by the head of the office or
department, shall remain anonymous and unlinked and shall be properly sealed by
its lawful custodian, hand delivered to the court, and personally opened by the
judge: Provided, further, That the judicial proceedings be held in executive session.

Section 44. Disclosure of HIV-Related Test Results. - The result of any test related to HIV
shall be disclosed by the trained service provider who conducts pre-test and post-test
counseling only to the individual who submitted to the test. If the patient is below fifteen
(15) years old, an orphan, or is mentally incapacitated, the result may de disclosed to either
of the patient's parents, legal guardian, or a duly assigned licensed social worker or health
worker, whichever is applicable" Provided, That when a person below fifteen(15) years of
age and not suffering from any mental incapacity, has given voluntary and informed
consent to the procedure in accordance with Section 29(b) of this Act, the result of the test
shall be disclose to child: Provided, further, That the child should be given age-appropriate
counseling and access to necessary health care and sufficient support services.

It may also de disclosed to a person authorized to receive such results.

Section 45. Disclosure to Persons with Potential Exposure to HIV. - Any person who,
after having been tested, is found to be infected with HIV is strongly encouraged to disclose
this health condition to the spouse, sexual partners, and/or any person prior to engaging in
penetrative sex or any potential exposure to HIV. A person living with HIV may seek help
from qualified professionals including medical professionals health workers, peer
educators, or social workers to support him in disclosing this health condition to one's
partner or spouse. Confidentiality shall likewise be observed. Further the DOH, through the
PNAC, shall establish an enabling environment to encourage newly tested HIV positive
individuals to disclose their status to partners.

Section 46. Duty of Employers, Heads of Government Offices, Heads of Public and
Private Schools or Training Institutions, and City Mayor. - It shall be the duty of private
schools and training institutions, and the City Mayor, over all private establishments within
their territorial jurisdiction, to prevent or deter acts of discrimination against PLHIV, and
to provide procedures for the resolution, settlement, or prosecution of acts of
discrimination against PLHIV, and to provide procedures for the resolution, settlement, or
prosecution of acts of discrimination. Towards this end, the private employer, head of
office, or City Mayor shall:

(a) Promulgate rules and regulations prescribing the procedure for the investigation
of discrimination cases and the administrative sanctions thereof; and

(b) Create an ad hoc committee on the investigation of discrimination cases,

The committee shall conduct meetings to increase the members' knowledge and
understanding of HIV and AIDS, and to prevent incidents of discrimination. It shall also
conduct the administrative investigation of alleged cases of discrimination.

Section 47. Discriminatory Acts and Practices. - The following discriminatory acts and
practices shall be prohibited:
 (a) Discrimination in the Workplace. - The rejection of job application, termination of
employment, or other discriminatory policies in hiring, provision of employment
and other related benefit, promotion or assignment of an individual solely or
partially on the basis of actual, perceived, or suspected HIV status;

(b) Discrimination in Learning Institution. - Refusal of admission, expulsion,

segregation, imposition of harsher disciplinary actions, or denial of benefits or
services of student or a prospective student solely or partially on the basis of actual,
perceived, or suspected HIV status;

(c) Restriction on Travel and Habitation. - Restrictions on travel within the

Philippines, refusal of lawful entry to Philippine territory, deportation from
Philippines, or the quarantine or enforced isolation of travelers solely or partially on
account of actual, perceived, or suspected HIV status is discriminatory. The same
standard of protection shall be accorded to migrants, visitors, and residents who are
not Filipino citizens;

(d) Restrictions on Shelter. - Restrictions on housing or lodging, whether permanent

or temporary, solely or partially on the basis of actual, perceived, or suspected HIV
status;

(e) Prohibition from Seeking or Holding Public Office. - Prohibition on the right to
seek an elective or appointive public office solely or partially on the basis of actual,
perceived, or suspected HIV status;

(f) Exclusion from Credit and Insurance Services. - Exclusion from health, accident or
life insurance, or credit and loan services, including the extension of such loan or
insurance facilities, of an individual solely or partially on the basis of actual,
perceived, or suspected HIV status: Provided, That the PLHIV has not concealed or
misrepresented the fact to the insurance company or loan or credit service provider
upon application;

(g) Discrimination in Hospitals and Health Institutions. - Denial of health services, or

being charges with a higher fee, on the basis of actual, perceived or suspected HIV
status is discriminatory act and is prohibited;

(h) Denial of Burial Services. Denial of embalming and burial services for a decease
person who had HIV and AIDS or who was known, suspected, or perceived to be
HIV-positive;

(i) Act of Bullying. - Bullying in all forms, including name-calling, upon a person
based on actual, perceived, or suspected HIV status, including bullying in social
media and other online portals; and

(j) Other similar or analogous discriminatory acts.1avvphi1

Section 48. Penalties. -

(a) Any person who commits the prohibited act under this Ordinance on
misinformation on HIV and AIDS shall, upon conviction, suffer the penalty of
imprisonment ranging from six (6) months but not more than one (1) year, a fine of
not less than Five Thousand Pesos (PhP5,000.00), or both, at the discretion of the
court.

(b) Any person who knowingly or negligently causes another to get infected with
HIV in the course of the practice of profession through unsafe and unsanitary
 practice and procedure, or who compelled any person to undergo HIV testing
without his or her consent shall be prosecuted and penalized in accordance with the
provisions of RA 11166, without prejudice to the imposition of fines and
administrative sanctions, such as suspension or revocation of professional licenses;

The permit or license of the business entity and the accreditation of the HIV
testing centers may cancelled or withdrawn if these establishments fail to maintain
safe practices and procedures as may be required by the guidelines formulated on
blood, tissue, or organ donations, and on medical management, surgical, and other
related procedures;

(c) Any person who violates the provisions of this Ordinance on the protection of
HIV and AIDS service providers from harassment shall, upon conviction, shall suffer
the penalty of not less than six (6) months but not more than one (1) year, a fine of
not less than Five Thousand Pesos (PhP5,000.00), or both, at the discretion of the
court. Provided, That if the person who violates this provision is a law enforcement
agent or a public official, administrative sanctions may be imposed in addition to
imprisonment and/or fine, at the discretion of the court;

(d) Any person, natural or juridical, who violates the provisions of this Ordinance on
health insurance and similar services shall, upon conviction, suffer the penalty of
imprisonment of not less than six (6) months but not more than one (1) year, a fine
of not less than Five Thousand Pesos (PhP5,000.00), or both, at the discretion of the
court, and without prejudice to the imposition of administrative sanctions such as
fines, suspensions or revocation of business permit, business license or
accreditation, and professional license;

(e) Any person who violates the provisions of this Ordinance on confidentiality
shall, upon conviction, suffer the penalty of imprisonment of not less than six (6)
months but not more than one (1) year, a fine of not less than Five Thousand Pesos
(PhP5,000.00), or both, at the discretion of the court, without prejudice to any
administrative sanction or civil suit that may be bought against persons who violate
confidentiality under this Ordinance.1âwphi1

(f) Any person who shall violate any of the provisions of this Ordinance on
confidentiality shall, upon conviction, suffer the penalty of imprisonment of not less
than six (6) months but not more than one (1) year, a fine of not less than Five
Thousand Pesos (PhP5,000.00), or both, at the discretion of the court, and without
prejudice to the imposition of administrative sanctions such as fines, suspension or
revocation of business permit, business license or accreditation, and professional
license; and

(g) Any person who has obtained knowledge of confidential HIV and AIDS
information and uses such information to malign or cause damage injury, or loss to
another person shall face liability under Articles 19, 20, 21 and 26 of the new Civil
Code of the Philippines and relevant provisions of Republic Act No. 10173,
otherwise known as the "Data Privacy Act of 2012".

If the offender is a corporation, association, partnership or any other juridical

persons, the penalty of imprisonment shall be imposed upon the responsible officers and
employees, as the case may be, who participated in, or allowed by their gross negligence,
the commission on the crime, and a fine shall be imposed jointly and severally on the
juridical person and the responsible officers and/or employees. Furthermore, the court
may suspend or revoke its license or business permit.
 If the offender is an alien, he/she shall, in addition to the penalties prescribed
herein, be deported without further proceedings after serving penalties herein prescribed.

If the offender is a public official or employee, he/she shall, in addition to the

penalties herein, suffer perpetual or temporary absolute disqualification from office, as the
case may be.

Section 49. Penalties Collected. - The penalties collected pursuant to this section shall be
put into a special fund to be administered by the BCAC, and shall be used for initial
interventions required to address gaps in the national response on the part of government
agencies and its partners from civil society and international organizations.

Section 50. Appropriations. The amount needed for the implementation of this Ordinance
shall be charged against the appropriations for the CHO.

Section 51. Implementing Rules and Regulations. The BCAC may promulgate the
necessary implementing rules and regulations for the effective implementation of the
provisions of this Ordinance.

Section 52. Separability Clause. – If for any reason or reasons, any part of this Ordinance
shall be held unconstitutional or invalid other parts hereof which are not affected thereby
shall continue to be in full force and effect.

Section 53. Repealing Clause. – All provisions of ordinances, executive orders, or

resolutions inconsistent herewith are hereby repealed and/or modified accordingly.

Section 54. Effectivity. – This Ordinance shall take effect after approval by the City Mayor
and completion of publication in a newspaper of general circulation in the City and
Province of Batangas.

ENACTED by the Sangguniang Panlungsod on this ___th day of May, 2022.

ATTY. OLIVA D. TELEGATOS

Secretary
Sangguniang Panlungsod

ATTESTED:

EMILIO FRANCISCO A. BERBERABE, JR.

Presiding Officer

APPROVED:

BEVERLEY ROSE A. DIMACUHA

City Mayor

Date Approved: _______________