Republic of the Philippines
Congress of the Philippines
Metro ManilaEighth Congress
Republic Act No. 7170 January 7, 1992
AN ACT AUTHORIZING THE LEGACY OR DONATION OF ALL OR PART OF A HUMAN BODY AFTER DEATH FOR SPECIFIED PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Title. – This Act shall be known as the "Organ Donation Act of 1991".
Section 2. Definition of Terms. – As used in this Act the following terms shall mean:
(a) "Organ Bank Storage Facility" - a facility licensed, accredited or approved under the law for storage of human bodies or parts thereof.
(b) "Decedent" - a deceased individual, and includes a still-born infant or fetus.
(c) "Testator" - an individual who makes a legacy of all or part of his body.
(d) "Donor" - an individual authorized under this Act to donate all or part of the body of a decedent.
(e) "Hospital" - a hospital licensed, accredited or approval under the law, and includes,...
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Republic Acts
ORGAN DONATION ACT OF 1991
Republic Act No. 7170
Summary of the Organ Donation Act of 1991 (Republic Act No. 7170)
Definitions (Section 2):
- Defines key terms such as "organ bank storage facility", "decedent", "testator", "donor", "hospital", "part", "person", "physician", "immediate family", and "death".
Executing a Legacy (Section 3, 8):
- Any individual aged 18 or above and of sound mind can give a legacy of all or part of their body after death.
- The legacy can be made through a will or any other document signed by the testator in the presence of two witnesses.
- The legacy can be made to a specified legatee or without specifying one.
- The testator can designate the surgeon or physician to carry out the procedures.
Executing a Donation (Section 4, 9):
- In the absence of contrary intentions by the decedent, the following persons can donate all or part of the decedent's body in the specified order: spouse, child of legal age, parent, sibling of legal age, or guardian.
- The donation can be made after or immediately before death.
- The donation must comply with the formalities of a donation of movable property.
- In the absence of any of the specified persons and documents, the physician in charge, hospital head, or designated officer can authorize the removal of organs from the decedent's body for transplantation, after reasonable efforts to locate the nearest relative within 48 hours.
Examination and Purposes (Section 5, 6):
- The legacy or donation authorizes any necessary examination to ensure medical acceptability.
- An autopsy must be conducted on accident, trauma, or other medico-legal cases immediately after death to determine qualified and healthy organs for transplantation or medical science.
- The following can become legatees or donees for the specified purposes: hospitals, physicians, surgeons (for medical or dental education, research, advancement of science, therapy, or transplantation), accredited medical or dental schools (for education, research, advancement of science, or therapy), organ bank storage facilities (for medical or dental education, research, therapy, or transplantation), and specified individuals (for therapy or transplantation needed by them).
Duties of Hospitals (Section 7):
- Hospitals authorized to receive organ donations or conduct transplantations must train qualified personnel to handle the organ donation program in a humane and delicate manner with the relatives of the donor-decedent.
- The hospital must accomplish the necessary form or document as proof of compliance.
Delivery, Amendment, and Revocation (Section 11, 12):
- The document of legacy or donation can be delivered to the legatee or donee, or deposited in a hospital or organ bank storage facility.
- The testator or donor can amend or revoke the legacy or donation through various methods, such as a signed statement, oral statement, statement during a terminal illness, or a signed card or document.
Rights and Duties After Death (Section 13):
- The legatee or donee can accept or reject the legacy or donation.
- If the legacy is of a part of the body, the legatee or donee must effect the removal of the part before embalming, avoiding unnecessary mutilation.
- After removal of the part, custody of the remainder of the body vests in the surviving spouse, next of kin, or other persons obligated to dispose of the body.
- Any person acting in good faith in accordance with the Act shall not be liable for damages or subject to prosecution.
International Sharing and Public Information (Section 14, 15):
- Sharing of human organs or tissues shall be made only through exchange programs approved by the Department of Health, with reciprocal rights granted to Philippine counterparts.
- The Department of Health, in cooperation with institutions, civic organizations, and health agencies, shall undertake a public information program to maximize the benefits of the Act.
- The Secretary of Health shall endeavor to persuade all health professionals to make an appeal for human organ donation.
Rules and Regulations (Section 16):
- The Secretary of Health, after consultation with health professionals and non-government health organizations, shall promulgate rules and regulations necessary to implement the Act.
Repealing, Separability, and Effectivity Clauses (Section 17, 18, 19):
- All laws, decrees, ordinances, rules, and regulations inconsistent with the Act are repealed, amended, or modified accordingly.
- The provisions of the Act are deemed separable, and if any provision is declared invalid or unconstitutional, the remaining provisions shall remain in full force and effect.
- The Act shall take effect after 15 days following its publication in the Official Gazette or at least two newspapers of general circulation.
Definitions (Section 2):
- Defines key terms such as "organ bank storage facility", "decedent", "testator", "donor", "hospital", "part", "person", "physician", "immediate family", and "death".
Executing a Legacy (Section 3, 8):
- Any individual aged 18 or above and of sound mind can give a legacy of all or part of their body after death.
- The legacy can be made through a will or any other document signed by the testator in the presence of two witnesses.
- The legacy can be made to a specified legatee or without specifying one.
- The testator can designate the surgeon or physician to carry out the procedures.
Executing a Donation (Section 4, 9):
- In the absence of contrary intentions by the decedent, the following persons can donate all or part of the decedent's body in the specified order: spouse, child of legal age, parent, sibling of legal age, or guardian.
- The donation can be made after or immediately before death.
- The donation must comply with the formalities of a donation of movable property.
- In the absence of any of the specified persons and documents, the physician in charge, hospital head, or designated officer can authorize the removal of organs from the decedent's body for transplantation, after reasonable efforts to locate the nearest relative within 48 hours.
Examination and Purposes (Section 5, 6):
- The legacy or donation authorizes any necessary examination to ensure medical acceptability.
- An autopsy must be conducted on accident, trauma, or other medico-legal cases immediately after death to determine qualified and healthy organs for transplantation or medical science.
- The following can become legatees or donees for the specified purposes: hospitals, physicians, surgeons (for medical or dental education, research, advancement of science, therapy, or transplantation), accredited medical or dental schools (for education, research, advancement of science, or therapy), organ bank storage facilities (for medical or dental education, research, therapy, or transplantation), and specified individuals (for therapy or transplantation needed by them).
Duties of Hospitals (Section 7):
- Hospitals authorized to receive organ donations or conduct transplantations must train qualified personnel to handle the organ donation program in a humane and delicate manner with the relatives of the donor-decedent.
- The hospital must accomplish the necessary form or document as proof of compliance.
Delivery, Amendment, and Revocation (Section 11, 12):
- The document of legacy or donation can be delivered to the legatee or donee, or deposited in a hospital or organ bank storage facility.
- The testator or donor can amend or revoke the legacy or donation through various methods, such as a signed statement, oral statement, statement during a terminal illness, or a signed card or document.
Rights and Duties After Death (Section 13):
- The legatee or donee can accept or reject the legacy or donation.
- If the legacy is of a part of the body, the legatee or donee must effect the removal of the part before embalming, avoiding unnecessary mutilation.
- After removal of the part, custody of the remainder of the body vests in the surviving spouse, next of kin, or other persons obligated to dispose of the body.
- Any person acting in good faith in accordance with the Act shall not be liable for damages or subject to prosecution.
International Sharing and Public Information (Section 14, 15):
- Sharing of human organs or tissues shall be made only through exchange programs approved by the Department of Health, with reciprocal rights granted to Philippine counterparts.
- The Department of Health, in cooperation with institutions, civic organizations, and health agencies, shall undertake a public information program to maximize the benefits of the Act.
- The Secretary of Health shall endeavor to persuade all health professionals to make an appeal for human organ donation.
Rules and Regulations (Section 16):
- The Secretary of Health, after consultation with health professionals and non-government health organizations, shall promulgate rules and regulations necessary to implement the Act.
Repealing, Separability, and Effectivity Clauses (Section 17, 18, 19):
- All laws, decrees, ordinances, rules, and regulations inconsistent with the Act are repealed, amended, or modified accordingly.
- The provisions of the Act are deemed separable, and if any provision is declared invalid or unconstitutional, the remaining provisions shall remain in full force and effect.
- The Act shall take effect after 15 days following its publication in the Official Gazette or at least two newspapers of general circulation.