Philippines

Last reviewed 01 June 2017

Specific laws

Specific law enacted Yes

Specific law criminalising HIV non disclosure, exposure, or transmission: Yes

Prosecuted using non-HIV specific laws: No

Prosecuted using both specific and non specific laws: No

Is non-disclosure actionable: No

Is exposure actionable: No

Is transmission actionable: No

Laws

Applicable laws

Philippine AIDS Prevention and Control Act 1998.

Revised Penal Code 1930 Act No. 3815

Applicable key wording

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.

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.

Cases

Overview

None

Last reviewed 01 June 2017

Last reviewed 01 June 2017

Last reviewed 01 June 2017