Philippines

Last updated on: 3 May 2012

Criminalisation of HIV transmission/exposure

Philippines
Whether Specific law enacted: 
Yes
Number of people prosecuted: 
None known
Number of people convicted: 
None known
Applicable law: 

Philippine AIDS Prevention and Control Act 1998.

Revised Penal Code 1930 Act No. 3815

Key wording in the law: 

Philippine AIDS Prevention and Control Act 1998. Section 34. Disclosure of Sexual Partners

Revised Penal Code 1930 Article 264. Administering injurious substances or beverages; Art. 263. Serious physical injuries.

Key Cases: 

None

Discussion: 

Philippine AIDS Prevention and Control Act 1998. Section 34. Disclosure of Sexual Partners- Any person with HIV is obliged to disclose his/her HIV status and health condition to his /her sexual partner at the earliest opportune time.

Revised Penal Code 1930

Article 264. Administering injurious substances or beverages  — The penalties established by the next preceding article shall be applicable in the respective case to any person who, without intent to kill, shall inflict upon another any serious, physical injury, by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity.

Art. 263. Serious physical injuries. — Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious physical injuries and shall suffer:

1. The penalty of prison mayor, if in consequence of the physical injuries inflicted, the injured person shall become insane, imbecile, impotent, or blind;

2. The penalty of prison correctional in its medium and maximum periods, if in consequence of the physical injuries inflicted, the person injured shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot,

an arm, or a leg or shall have lost the use of any such member, or shall have become incapacitated for the work in which he was therefore habitually engaged;

3. The penalty of prison correctional in its minimum and medium periods, if in consequence of the physical injuries inflicted, the person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he as habitually engaged for a period of more than ninety days;

4. The penalty of arrest mayor in its maximum period to prison correctional in its minimum period, if the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty days.

To our knowledge, there have been no prosecutions or convictions for the transmission of HIV occuring under either of these laws.

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

There are no specific entry or residence regulations for people with HIV/AIDS.

Neither a medical certificate nor an HIV test result is required when entering the Philippines. Foreigners with a known HIV infection are not subject to specific residence regulations. There are no regulations regarding the control, deportation or expulsion of those concerned. The Republic Act 8504 Sec. 37 states the following:

"Nobody will be quarantined, isolated, denied entry to the Philippines or deported from the country due to a confirmed or suspected HIV infection."

Antiretroviral medication can be imported for personal use for up to 6 months. A doctor’s prescription should be carried.

HIV/AIDS restrictions: The U.S. Department of State is unaware of any HIV/AIDS entry restrictions for visitors. U.S. citizens applying for residency status in the Philippines can be excluded based on this illness.

For updated information, please go to: www.hivrestrictions.org

Laws relating to same sex, sexual relations: 

Male to Male relationships: Legal

Punishments for male to male relationships: No law

Female to Female Relationships: Legal

Age of consent: Equal for heterosexuals and homosexuals

For updated information, please go to: http://ilga.org

Laws relating to injecting drug use: 

Yes

Protective laws and policies for people living with HIV: 

Yes