Republic Act No.

7170

January 7, 1992

AN ACT AUTHORI IN! TH" #"!AC$ OR %ONATION O& A## OR 'ART O& A HU(AN )O%$ A&T"R %"ATH &OR *'"CI&I"% 'UR'O*"* Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: *ection 1. Title. This Act shall be known as the +Organ Donation Act of 1991+. *ection 2. Definition of Terms. As used in this Act the following terms shall mean: (a) "Organ Bank Storage Facility" - a facility licensed, accredited or a human bodies or arts thereof. ro!ed under the law for storage of

(b) " ecedent" - a deceased indi!idual, and includes a still-born infant or fetus. (c) "!estator" - an indi!idual who makes a legacy of all or art of his body. (d) " onor" - an indi!idual authori"ed under this Act to donate all or art of the body of a decedent. (e) "Hospital" - a hos ital licensed, accredited or a by the #o!ernment.
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ro!al under the law, and includes, a hos ital o erated

(f) "Part" - includes trans lantable organs, tissues, eyes, bones, arteries, blood, other fluids and other ortions of the human body. (g) "Person" - an indi!idual, cor oration, estate, trust, artnershi , association, the #o!ernment or any of its subdi!isions, agencies or instrumentalities, including go!ernment-owned or -controlled cor orations$ or any other legal entity. (h) "Physician% or %Surgeon" - a hysician or surgeon licensed or authori"ed to ractice medicine under the laws of the %e ublic of the &hili ines. (i) "&mmediate Family" of the decedent - the ersons enumerated in 'ection ((a) of this Act. ()) " eath" - the irre!ersible cessation of circulatory and res iratory functions or the irre!ersible cessation of all functions of the entire brain, including the brain stem. A erson shall be medically and legally dead if either:
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(*) +n the o inion of the attending hysician, based on the acce table standards of medical ractice, there is an absence of natural res iratory and cardiac functions and, attem ts at resuscitation would not be successful in restoring those functions. +n this case, death shall be deemed to ha!e occurred at the time these functions ceased$ or (,) +n the o inion of the consulting hysician, concurred in by the attending hysician, that on the basis of acce table standards of medical ractice, there is an irre!ersible cessation of all brain functions$ and considering the absence of such functions, further attem ts at resuscitation or continued su orti!e maintenance would not be successful in resorting such natural functions. +n this case, death shall be deemed to ha!e occurred at the time when these conditions first a eared. The death of the erson shall be determined in accordance with the acce table standards of medical ractice and shall be diagnosed se arately by the attending hysician and another consulting hysician, both of whom must be a ro riately -ualified and suitably e. erienced in the care of such arties. The death shall be recorded in the atient/s medical record.

*ection ,. Person Who May Execute A Legacy. Any indi!idual, at least eighteen (*0) years of age and of sound mind, may gi!e by way of legacy, to take effect after his death, all or art of his body for any ur ose s ecified in 'ection 1 hereof. *ection -. Person Who May Execute a Donation. (a) Any of the following, erson, in the order of ro erty stated hereunder, in the absence of actual notice of contrary intentions by the decedent or actual notice of o osition by a member of the immediate family of the decedent, may donate all or any art of the decedent/s body for any ur ose s ecified in 'ection 1 hereof: (*) ' ouse$ (,) 'on or daughter of legal age$ (2) 3ither arent$ (() 4rother or sister of legal age$ or (5) #uardian o!er the erson of the decedent at the time of his death. (b) The ersons authori"ed by sub-section (a) of this 'ection may make the donation after or immediately before death. *ection .. Examination of Human Bo y or Part Thereof . A legacy of donation of all or art of a human body authori"es any e.amination necessary to assure medical acce tability of the legacy or donation for the ur ose(s) intended. 6or ur oses of this Act, an auto sy shall be conducted on the cada!er of accident, trauma, or other medico-legal cases immediately after the ronouncement of death, to determine -ualified and healthy human organs for trans lantation and7or in furtherance of medical science. *ection /. Persons Who May Become Legatees or Donees. The following ersons may become legatees or donees of human bodies or arts thereof for any of the ur oses stated hereunder: (a) Any hos ital, hysician or surgeon - 6or medical or dental education, research, ad!ancement of medical or dental science, thera y or trans lantation$ (b) Any accredited medical or dental school, college or uni!ersity - 6or education, research, ad!ancement of medical or dental science, or thera y$ (c) Any organ bank storage facility - 6or medical or dental education, research, thera y, or trans lantation$ and (d) Any s ecified indi!idual - 6or thera y or trans lantation needed by him. *ection 7. Duty of Hos!itals. A hos ital authori"ed to recei!e organ donations or to conduct trans lantation shall train -ualified ersonnel and their staff to handle the task of introducing the organ donation rogram in a humane and delicate manner to the relati!es of the donor-decedent enumerated in 'ection ( hereof. The hos ital shall accom lish the necessary form or document as roof of com liance with the abo!e re-uirement. *ection 0. Manner of Executing a Legacy. (a) 8egacy of all or art of the human body under 'ection 2 hereof may be made by will. The legacy becomes effecti!e u on the death of the testator without waiting for robate of the will. +f the will is not

robated, or if it is declared in!alid for testamentary ur oses, the legacy, to the e.tent that it was e.ecuted in good faith, is ne!ertheless !alid and effecti!e. (b) A legacy of all or art of the human body under 'ection 2 hereof may also be made in any document other than a will. The legacy becomes effecti!e u on death of the testator and shall be res ected by and binding u on his e.ecutor or administrator, heirs, assigns, successors-in-interest and all members of the family. The document, which may be a card or any a er designed to be carried on a erson, must be signed by the testator in the resence of two witnesses who must sign the document in his resence. +f the testator cannot sign, the document may be signed for him at his discretion and in his resence, in the resence of two witnesses who must, likewise, sign the document in the resence of the testator. 9eli!ery of the document of legacy during the testator/s lifetime is not necessary to make the legacy !alid. (c) The legacy may be made to a s ecified legatee or without s ecifying a legatee. +f the legacy is made to a s ecified legatee who is not a!ailable at the time and lace of the testator/s death, the attending hysician or surgeon, in the absence of any e. ressed indication that the testator desired otherwise, may acce t the legacy as legatee. +f the legacy does not s ecify a legatee, the legacy may be acce ted by the attending hysician or surgeon as legatee u on or following the testator/s death. The hysician who becomes a legatee under this subsection shall not artici ate in the rocedures for remo!ing or trans lanting a art or arts of the body of the decedent. (d) The testator may designate in his will, card or other document, the surgeon or hysician who will carry out the a ro riate rocedures. +n the absence of a designation, or if the designee is not a!ailable, the legatee or other ersons authori"ed to acce t the legacy may authori"e any surgeon or hysician for the ur ose. *ection 9. Manner of Executing a Donation. Any donation by a erson authori"ed under subsection (a) of 'ection ( hereof shall be sufficient if it com lies with the formalities of a donation of a mo!able ro erty. +n the absence of any of the ersons s ecified under 'ection ( hereof and in the absence of any document of organ donation, the hysician in charge of the atient, the head of the hos ital or a designated officer of the hos ital who has custody of the body of the deceased classified as accident, trauma, or other medico-legal cases, may authori"e in a ublic document the remo!al from such body for the ur ose of trans lantation of the organ to the body of a li!ing erson: &ro!ided, That the hysician, head of hos ital or officer designated by the hos ital for this ur ose has e.erted reasonable efforts, within forty-eight ((0) hours, to locate the nearest relati!e listed in 'ection ( hereof or guardian of the decedent at the time of death. +n all donations, the death of a erson from whose body an organ will be remo!ed after his death for the ur ose of trans lantation to a li!ing erson, shall be diagnosed se arately and certified by two (,) -ualified hysicians neither of whom should be: (a) A member of the team of medical ractitioners who will effect the remo!al of the organ from the body$ nor (b) The hysician attending to the recei t of the organ to be remo!ed$ nor (c) The head of hos ital or the designated officer authori"ing the remo!al of the organ. *ection 10. Person"s# Authori$e to %emo&e Trans!lanta'le Organs. :nly authori"ed medical ractitioners in a hos ital shall remo!e and7or trans lant any organ which is authori"ed to be remo!ed and7or trans lanted ursuant to 'ection 5 hereof. *ection 11. Deli&ery of Document of Legacy or Donation. +f the legacy or donation is made to a s ecified legatee or donee, the will, card or other document, or an e.ecuted co y thereof, may be deli!ered by the testator or donor, or is authori"ed re resentati!e, to the legatee or donee to e. edite the a ro riate rocedures immediately after death. The will, card or other document, or an e.ecuted co y thereof, may be de osited in any hos ital or organ bank storage facility that acce ts it for safekee ing or for facilitation or rocedures after death. :n the re-uest of any interested arty u on or after the testator/s death, the erson in ossession shall roduce the document of legacy or donation for !erification.

*ection 12. Amen ment or %e&ocation of Legacy or Donation. a) +f he will, card or other document, or an e.ecuted co y thereof, has been deli!ered to a s ecific legatee or donee, the testator or donor may amend or re!oke the legacy or donation either by: (*) The e.ecution and deli!ery to the legatee or donee of a signed statement to that effect$ or (,) An oral statement to that effect made in the resence of two other ersons and communicated to the legatee or donee$ or (2) A statement to that effect during a terminal illness or in)ury addressed to an attending hysician and communicated to the legatee or donee$ or (() A signed card or document to that effect found on the erson or effects of the testator or donor. (b) Any will, card or other document, or an e.ecuted co y thereof, which has not been deli!ered to the legatee or donee may be re!oked by the testator or donor in the manner ro!ided in subsection (a) of this 'ection or by destruction, cancellation or mutilation of the document and all e.ecuted co ies thereof. Any legacy made by a will may also be amended or re!oked in the manner ro!ided for amendment or re!ocation of wills, or as ro!ided in subsection (a) of this 'ection. *ection 1,. %ights an Duties After Death. (a) The legatee or donee may acce t or re)ect the legacy or donation as the case may be. +f the legacy of donation is of a art of the body, the legatee or donee, u on the death of the testator and rior to embalming, shall effect the remo!al of the art, a!oiding unnecessary mutilation. After remo!al of the art, custody of the remainder of the body !ests in the sur!i!ing s ouse, ne.t of kin or other ersons under obligation to dis ose of the body of the decedent. (b) Any erson who acts in good faith in accordance with the terms of this Act shall not be liable for damages in any ci!il action or sub)ect to rosecution in any criminal roceeding of this Act. *ection 1-. (nternational )haring of Human Organs or Tissues . 'haring of human organs or tissues shall be made only through e.change rograms duly a ro!ed by the 9e artment of ;ealth: &ro!ided, That foreign organ or tissue bank storage facilities and similar establishments grant reci rocal rights to their &hili ine counter arts to draw organs or tissues at any time. *ection 1.. (nformation Dri&e. +n order that the ublic will obtain the ma.imum benefits from this Act, the 9e artment of ;ealth, in coo eration with institutions, such as the <ational =idney +nstitute, ci!ic and nongo!ernment health organi"ations and other health related agencies, in!ol!ed in the donation and trans lantation of human organs, shall undertake a ublic information rogram. The 'ecretary of ;ealth shall endea!or to ersuade all health rofessionals, both go!ernment and ri!ate, to make an a eal for human organ donation. *ection 1/. %ules an %egulations. The 'ecretary of ;ealth, after consultation with all health rofessionals, both go!ernment and ri!ate, and non-go!ernment health organi"ations shall romulgate such rules and regulations as may be necessary or ro er to im lement this Act. *ection 17. %e!ealing *lause. All laws, decrees, ordinances, rules and regulations, e.ecuti!e or administrati!e orders, and other residential issuance inconsistent with this Act, are hereby re ealed, amended or modified accordingly. *ection 10. )e!ara'ility *lause. The ro!isions of this Act are hereby deemed se arable. +f any ro!ision hereof should be declared in!alid or unconstitutional, the remaining ro!isions shall remain in full force and effect.

*ection 19. Effecti&ity. This Act shall take effect after fifteen (*5) days following its ublication in the :fficial #a"ette or at least two (,) news a ers of general circulation. A ro!ed: >anuary ?, *@@,