Hi guys! How are you peeps? I am happy to report that I am still alive and doing fine. Sorry if I am not that active here kinda busy with work. Guys if you want to connect with me just email me at hivpos27@yahoo.com. If there’s anything I can help I’m just here!
How are you? Guys if you need help you can contact me at hivpos27@yahoo.com
Hi guys it’s 10AM and I’m still stuck here in my bed. Sarap matulog grabe! This is one of may bisyo ang matulog ng more than 8 hours. I’ll go to the gym later and then go to work for awhile. 😄
If you have any questions about hiv, me or anything under the sun just email me at hivpos27@yahoo.com. Just leave a message there and if you want you can also leave your contact no. And il call you as soon as I can. Thanks! Keep the Faith! Be POSITIVE! How ironic!
Hi guys and gals! You mightbe thinking that I’m already dead, sorry if I wasnt able to update this blog but from now on il try to update this every day or every week since i have wordpress installed on my phone. I’m doing ok i just visited RITM this week i was with my friend MJ. It just took us 3 hours i think to consult The doctor. MJ is very eager to start ARV treatment i told him its not easy and it will be for life already. Thankfully the doctor adviced him to wait for his next CD4 this coming June then they will assess if he really needs to undergo ARV treatment already.
AN ACT PROMULGATING POLICIES AND PRESCRIBING MEASURES FOR THE PREVENTION AND CONTROL OF HIV/AIDS IN THE PHILIPPINES, INSTITUTING A NATIONWIDE HIV/AIDS INFORMATION AND EDUCATIONAL PROGRAM, ESTABLISHING A COMPREHENSIVE HIV/AIDS MONITORING SYSTEM, STRENGTHENING THE PHILIPPINE NATIONAL AIDS COUNCIL, AND FOR OTHER PURPOSES.
Section 1. Title. — This Act shall be known as the “Philippine AIDS Prevention and Control Act of 1998.”
Sec. 2. Declaration of policies. — Acquired Immune Deficiency Syndrome (AIDS) is a disease that recognizes no territorial, social, political and economic boundaries for which there is no known cure. The gravity of the AIDS threat demands strong State action today, thus:
(a) The State shall promote public awareness about the causes, modes of transmission, consequences, means of prevention and control of HIV/AIDS through a comprehensive nationwide educational and information campaign organized and conducted by the State. Such campaigns shall promote value formation and employ scientifically proven approaches, focus on the family as a basic social unit, and be carried out in all schools and training centers, workplaces, and communities. This program shall involve affected individuals and groups, including people living with HIV/AIDS.
(b) The State shall extend to every person suspected or known to be infected with HIV/AIDS full protection of his/her human rights and civil liberties. Towards this end:
(1) compulsory HIV testing shall be considered unlawful unless otherwise provided in this Act;
(2) the right to privacy of individuals with HIV shall be guaranteed;
(3) discrimination, in all its forms and subtleties, against individuals with HIV or persons perceived or suspected of having HIV shall be considered inimical to individual and national interest; and
(4) provision of basic health and social services for individuals with HIV shall be assured.(c) The State shall promote utmost safety and universal precautions in practices and procedures that carry the risk of HIV transmission.
(d) The State shall positively address and seek to eradicate conditions that aggravate the spread of HIV infection, including but not limited to, poverty, gender inequality, prostitution, marginalization, drug abuse and ignorance.
(e) The State shall recognize the potential role of affected individuals in propagating vital information and educational messages about HIV/AIDS and shall utilize their experience to warn the public about the disease.
Sec. 3. Definition of terms. — As used in this Act, the following terms are defined as follows:
(a) “Acquired Immune Deficiency Syndrome (AIDS)” — a condition characterized by a combination of signs and symptoms, caused by HIV contracted from another person and which attacks and weakens the body’s immune system, making the afflicted individual susceptible to other life-threatening infections.
(b) “Anonymous Testing” — refers to an HIV testing procedure whereby the individual being tested does not reveal his/her true identity. An identifying number or symbol is used to substitute for the name and allows the laboratory conducting the test and the person on whom the test is conducted to match the test results with the identifying number or symbol.
(c) “Compulsory HIV Testing” — refers to HIV testing imposed upon a person attended or characterized by the lack of or vitiated consent, use of physical force, intimidation or any form of compulsion.
(d) “Contact tracing” — refers to the method of finding and counselling the sexual partner(s) of a person who has been diagnosed as having sexually transmitted disease.
(e) “Human Immunodeficiency Virus (HIV)” — refers to the virus which causes AIDS.
(f) “HIV/AIDS Monitoring” — refers to the documentation and analysis of the number of HIV/AIDS infections and the pattern of its spread.
(g) “HIV/AIDS Prevention and Control” — refers to measures aimed at protecting non-infected from contracting HIV and minimizing the impact of the condition of persons living with HIV.
(h) “HIV-positive” — refers to the presence of HIV infection as documented by the presence of HIV or HIV antibodies in the sample being tested.
(i) “HIV-negative” — denotes the absence of HIV or HIV antibodies upon HIV testing.
(j) “HIV Testing” — refers to any laboratory procedure done on an individual to determine the presence or absence of HIV infection.
(k) “HIV Transmission” — refers to the transfer of HIV from one infected person to an uninfected individual, most commonly through sexual intercourse, blood transfusion, sharing of intravenous needles and during pregnancy.
(l) “High-Risk Behavior” — refers to a person’s frequent involvement in certain activities which increase the risk of transmitting or acquiring HIV.
(m) “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, conveyed verbally, or expressed indirectly.
(n) “Medical Confidentiality” — refers to the relationship of trust and confidence created or existing between a patient or a person with HIV and his attending physician, consulting medical specialist, nurse, medical technologist and all other health workers or personnel involved in any counselling, testing or professional care of the former; it also applies to any person who, in any official capacity, has acquired or may have acquired such confidential information.
(o) “Person with HIV” — refers to an individual whose HIV test indicates, directly or indirectly, that he/she is infected with HIV.
(p) “Pre-Test Counselling” — refers to the process of providing an individual 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 he/she is subjected to the test.
(q) “Post-Test Counselling” — refers to the process of providing risk-reduction information and emotional support to a person who submitted to HIV testing at the time that the test result is released.
(r) “Prophylactic” — refers to any agent or device used to prevent the transmission of a disease. (s) “Sexually Transmitted Diseases” — refers to any disease that may be acquired or passed on through sexual contact.
(t) “Voluntary HIV Testing” — refers to HIV testing done on an individual who, after having undergone pre-test counselling, willingly submits himself/herself to such test.
(u) “Window Period” — refers to the period of time, usually lasting from two weeks to six (6) months during which an infected individual will test “negative” upon HIV testing but can actually transmit the infection.
ARTICLE I EDUCATION AND INFORMATION
Sec. 4. HIV/AIDS education in schools. — The Department of Education, Culture and Sports (DECS), the Commission on Higher Education (CHED), and the Technical Education and skills Development Authority (TESDA), utilizing official information provided by the Department of Health, shall integrate instruction on the causes, modes of transmission and ways of preventing HIV/AIDS and other sexually transmitted diseases in subjects taught in public and private schools at intermediate grades, secondary and tertiary levels, including non-formal and indigenous learning systems: Provided, That if the integration of HIV/AIDS education is not appropriate or feasible, the DECS and TESDA shall design special modules on HIV/AIDS prevention and control: Provided, further, That it shall not be used as an excuse to propagate birth control or the sale or distribution of birth control devices: Provided, finally, That it does not utilize sexually explicit materials.
Flexibility in the formulation and adoption of appropriate course content, scope, and methodology in each educational level or group shall be allowed after consultations with Parent-Teachers-Community Associations, Private School Associations, school officials, and other interest groups. As such, no instruction shall be offered to minors without adequate prior consultation with parents who must agree to the thrust and content of the instruction materials.
All teachers and instructors of said HIV/AIDS courses shall be required to undergo a seminar or training on HIV/AIDS prevention and control to be supervised by DECS, CHED and TESDA, in coordination with the Department of Health (DOH), before they are allowed to teach on the subject.
Sec. 5. HIV/AIDS information as a health service. — HIV/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/AIDS. It shall likewise be considered a civic duty of health providers in the private sector to make available to the public such information necessary to control the spread of HIV/AIDS and to correct common misconceptions about this disease. The training or health workers shall include discussions on HIV-related ethical issues such as confidentiality, informed consent and the duty to provide treatment.
Sec. 6. HIV/AIDS education in the workplace. — All government and private employees, workers, managers, and supervisors, including members of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP), shall be provided with the standardized basic information and instruction on HIV/AIDS which shall include topics on confidentiality in the workplace and attitude towards infected employees and workers. In collaboration with the Department of Health (DOH), the Secretary of the Department of Labor and Employment (DOLE) shall oversee the anti-HIV/AIDS campaign in all private companies while the Armed Forces Chief of Staff and the Director General of the PNP shall oversee the implementation of this Sec..
Sec. 7. HIV/AIDS education for Filipinos going abroad. — The State shall ensure that all overseas Filipino workers and diplomatic, military, trade, and labor officials and personnel to be assigned overseas shall undergo or attend a seminar on the cause, prevention and consequences of HIV/AIDS before certification for overseas assignment. The Department of Labor and Employment or the Department of Foreign Affairs, the Department of Tourism and the Department of Justice through the Bureau of Immigration, as the case may be, in collaboration with the Department of Health (DOH), shall oversee the implementation of this Sec..
Sec. 8. Information campaign for tourists and transients. — Informational aids or materials on the cause, modes of transmission, prevention, and consequences of HIV infection shall be adequately provided at all international ports of entry and exit. The Department of Tourism, the Department of Foreign Affairs, the Department of Justice through the Bureau of Immigration, in collaboration with the Department of Health (DOH), shall oversee the implementation of this Act.
Sec. 9. HIV/AIDS education in communities. — Local government units, in collaboration with the Department of Health (DOH), shall conduct an educational and information campaign on HIV/AIDS. The provincial governor, city or municipal mayor and the barangay captain shall coordinate such campaign among concerned government agencies, non-government organizations and church-based groups.
Sec. 10. Information on prophylactics. — Appropriate information shall be attached to or provided with every prophylactic offered for sale or given as a donation. Such information shall be legibly printed in English and Filipino, and contain literature on the proper use of the prophylactic device or agent, its efficacy against HIV and STD infection, as well as the importance of sexual abstinence and mutual fidelity.
Sec. 11. Penalties for misleading information. — Misinformation on HIV/AIDS prevention and control through false and misleading advertising and claims in any of the tri-media or the promotional marketing of drugs, devices, agents or procedures without prior approval from the Department of Health and the Bureau of Food and Drugs and the requisite medical and scientific basis, including markings and indications in drugs and devises or agents, purporting to be a cure or a fail-safe prophylactic for HIV infection is punishable with a penalty of imprisonment for two (2) months to two (2) years, without prejudice to the imposition of administrative sanctions such as fines and suspension or revocation of professional or business license.
ARTICLE II SAFE PRACTICES AND PROCEDURES
Sec. 12. Requirement on the donation of blood, tissue, or organ. — No laboratory or institution shall accept a donation of tissue or organ, whether such donation is gratuitous or onerous, unless a sample from the donor has been tested negative for HIV. All donated blood shall also be subjected to HIV testing and HIV(+) blood shall be disposed of properly and immediately. A second testing may be demanded as a matter of right by the blood, tissue, or organ recipient or his immediate relatives before transfusion or transplant, except during emergency cases: Provided, That donations of blood, tissue, or organ testing positive for HIV may be accepted for research purposes only, and subject to strict sanitary disposal requirements.
Sec. 13. Guidelines on surgical and similar procedures. — The Department of Health (DOH), in consultation and in coordination with concerned professional organizations and hospital associations, shall issue guidelines on precautions against HIV transmission during surgical, dental, embalming, tattooing or similar procedures. The DOH shall likewise issue guidelines on the handling and disposition of cadavers, body fluids or wastes of persons known or believed to be HIV-positive. The necessary protective equipment such as gloves, goggles and gowns, shall be made available to all physicians and health care providers and similarly exposed personnel at all times.
Sec. 14. Penalties for unsafe practices and procedures. — Any person who knowingly or negligently causes another to get infected with HIV in the course of the practice of his/her profession through unsafe and unsanitary practice or procedure is liable to suffer a penalty of imprisonment for six (6) years to twelve (12) years, without prejudice to the imposition of administrative sanctions such as, but not limited to, fines and suspension or revocation of the license to practice his/her profession. The permit or license of any business entity and the accreditation of hospitals, laboratory, or clinics may be cancelled or withdrawn if said establishments fail to maintain such safe practices and procedures as may be required by the guidelines to be formulated in compliance with Sec. 13 of this Act.
ARTICLE III TESTING, SCREENING AND COUNSELLING
Sec. 15. Consent as a requisite for HIV testing. — No compulsory HIV testing shall be allowed. However, the State shall encourage voluntary testing for individuals with a high risk for contracting HIV: Provided, That written informed consent must first be obtained. Such consent shall be obtained from the person concerned if he/she is of legal age or from the parents or legal guardian in the case of a minor or a mentally incapacitated individual. 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 his/her blood, organ, or tissue for transfusion, transplantation, or research;
(b) a person has executed a legacy in accordance with Sec. 3 of Republic Act No. 7170, also known as the “Organ Donation Act of 1991”;
(c) a donation is executed in accordance with Sec. 4 of Republic Act No. 7170.
Sec. 16. Prohibitions on compulsory HIV testing. — Compulsory HIV testing as a precondition to employment, admission to educational institutions, the exercise of freedom of abode, entry or continued stay in the country, or the right to travel, the provision of medical service or any other kind of service, or the continued enjoyment of said undertakings shall be deemed unlawful.
Sec. 17. Exception to the prohibition on compulsory testing. — Compulsory HIV testing may be allowed only in the following instances:
a) When a person is charged with any of the crimes punishable under Articles 264 and 266 as amended by Republic Act No. 8353, 335 and 338 of Republic Act No. 3815, otherwise known as the “Revised Penal Code” or under Republic Act No. 7659;
b) When the determination of the HIV status is necessary to resolve the relevant issues under Executive Order No. 309, otherwise known as the “Family Code of the Philippines”; and
c) When complying with the provisions of Republic Act No. 7170, otherwise known as the “Organ Donation Act” and Republic Act No. 7719, otherwise known as the “National Blood Services Act”.
Sec. 18. Anonymous HIV testing. — The State shall provide a mechanism for anonymous HIV testing and shall guarantee anonymity and medical confidentiality in the conduct of such tests.
Sec. 19. Accreditation of HIV Testing Centers. — All testing centers, hospitals, clinics, and laboratories offering HIV testing services are mandated to seek accreditation from the Department of Health which shall set and maintain reasonable accreditation standards.
Sec. 20. Pre-test and post-test counselling. — All testing centers, clinics, or laboratories which perform any HIV test shall be required to provide and conduct free pre-test counselling and post-test counselling for persons who avail of their HIV/AIDS testing services. However, such counselling services must be provided only by persons who meet the standards set by the DOH.
Sec. 21. Support for HIV Testing Centers. — The Department of Health shall strategically build and enhance the capabilities for HIV testing of hospitals, clinics, laboratories, and other testing centers primarily, by ensuring the training of competent personnel who will provide such services in said testing sites.
ARTICLE IV HEALTH AND SUPPORT SERVICES
Sec. 22. Hospital-based services. — Persons with HIV/AIDS shall be afforded basic health services in all government hospitals, without prejudice to optimum medical care which may be provided by special AIDS wards and hospitals.
Sec. 23. Community-based services. — Local government units, in coordination and in cooperation with concerned government agencies, non-government organizations, persons with HIV/AIDS and groups most at risk of HIV infection shall provide community-based HIV/AIDS prevention and care services.
Sec. 24. Livelihood programs and trainings. — Trainings for livelihood, self-help cooperative programs shall be made accessible and available to all persons with HIV/AIDS. Persons infected with HIV/AIDS shall not be deprived of full participation in any livelihood, self-help and cooperative programs for reason of their health conditions.
Sec. 25. Control of sexually transmitted diseases. — The Department of Health, in coordination and in cooperation with concerned government agencies and non-government organizations shall pursue the prevention and control of sexually transmitted diseases to help contain the spread of HIV infection.
Sec. 26. Insurance for persons with HIV. — The Secretary of Health, in cooperation with the Commissioner of the Insurance Commission and other public and private insurance agencies, shall conduct a study on the feasibility and viability of setting up a package of insurance benefits and, should such study warrant it, implement an insurance coverage program for persons with HIV. The study shall be guided by the principle that access to health insurance is part of an individual’s right to health and is the responsibility of the State and of society as a whole.
ARTICLE V MONITORING
Sec. 27. Monitoring program. — A comprehensive HIV/AIDS monitoring program or “AIDSWATCH” shall be established under the Department of Health to determine and monitor the magnitude and progression of HIV infection in the Philippines, and for the purpose of evaluating the adequacy and efficacy of the countermeasures being employed.
Sec. 28. Reporting procedures. — All hospitals, clinics, laboratories, and testing centers for HIV/AIDS shall adopt measures in assuring the reporting and confidentiality of any medical record, personal data, file, including all data which may be accessed from various data banks or information systems. The Department of Health through its AIDSWATCH monitoring program shall receive, collate and evaluate all HIV/AIDS related medical reports. The AIDSWATCH data base shall utilize a coding system that promotes client anonymity.
Sec. 29. Contact tracing. — HIV/AIDS contact tracing and all other related health intelligence activities may be pursued by the Department of Health: Provided, That these do not run counter to the general purpose of this Act: Provided, further, That any information gathered shall remain confidential and classified, and can only be used for statistical and monitoring purposes and not as basis or qualification for any employment, school attendance, freedom of abode, or travel.
ARTICLE VI CONFIDENTIALITY
Sec. 30. Medical confidentiality. — All health professionals, medical instructors, workers, employers, recruitment agencies, insurance companies, data encoders, and other custodians of any medical record, file, data, or test results are directed to strictly observe confidentiality in the handling of all medical information, particularly the identity and status of persons with HIV.
Sec. 31. Exceptions to the mandate of confidentiality. — Medical confidentiality shall not be considered breached in the following cases:
(a) when complying with reportorial requirements in conjunction with the AIDSWATCH programs provided in Sec. 27 of this Act;
(b) when informing other health workers directly involved or about to be involved in the treatment or care of a person with HIV/AIDS: Provided, That such treatment or care carry the risk of HIV transmission: Provided, further, That such workers shall be obliged to maintain the shared medical confidentiality;
(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 shall be properly sealed by its lawful custodian after being double-checked for accuracy by the head of the office or department, hand delivered, and personally opened by the judge: Provided, further, That the judicial proceedings be held in executive session.
Sec. 32. Release of HIV/AIDS test results. — All results of HIV/AIDS testing shall be confidential and shall be released only to the following persons:
(a) the person who submitted himself/herself to such test;
(b) either parent of a minor child who has been tested;
(c) a legal guardian in the case of insane persons or orphans;
(d) a person authorized to receive such results in conjunction with the AIDSWATCH program as provided in Sec. 27 of this Act;
(e) a justice of the Court of Appeals or the Supreme Court, as provided under subSec. (c) of this Act and in accordance with the provision of Sec. 16 hereof.
Sec. 33. Penalties for violations of confidentiality. — Any violation of medical confidentiality as provided in Sec.s 30 and 32 of this Act shall suffer the penalty of imprisonment for six (6) months to four (4) years, without prejudice to administrative sanctions such as fines and suspension or revocation of the violator’s license to practice his/her profession, as well as the cancellation or withdrawal of the license to operate any business entity and the accreditation of hospitals, laboratories or clinics.
Sec. 34. Disclosure to sexual partners. — Any person with HIV is obliged to disclose his/her HIV status and health condition to his/her spouse or sexual partner at the earliest opportune time.
ARTICLE VII DISCRIMINATORY ACTS AND POLICIES
Sec. 35. Discrimination in the workplace. — Discrimination in any form from pre-employment to post-employment, including hiring, promotion or assignment, based on the actual, perceived or suspected HIV status of an individual is prohibited. Termination from work on the sole basis of actual, perceived or suspected HIV status is deemed unlawful.
Sec. 36. Discrimination in schools. — No educational institution shall refuse admission or expel, discipline, segregate, deny participation, benefits or services to a student or prospective student on the basis of his/her actual, perceived or suspected HIV status.
Sec. 37. Restrictions on travel and habitation. — The freedom of abode, lodging and travel of a person with HIV shall not be abridged. No person shall be quarantined, placed in isolation, or refused lawful entry into or deported from Philippine territory on account of his/her actual, perceived or suspected HIV status.
Sec. 38. Inhibition from public service. — The right to seek an elective or appointive public office shall not be denied to a person with HIV.
Sec. 39. Exclusion from credit and insurance services. — All credit and loan services, including health, accident and life insurance shall not be denied to a person on the basis of his/her actual, perceived or suspected HIV status: Provided, That the person with HIV has not concealed or misrepresented the fact to the insurance company upon application. Extension and continuation of credit and loan shall likewise not be denied solely on the basis of said health condition.
Sec. 40. Discrimination in hospitals and health institutions. — No person shall be denied health care service or be charged with a higher fee on account of actual, perceived or suspected HIV status.
Sec. 41. Denial of burial services. — A deceased person who had AIDS or who was known, suspected or perceived to be HIV-positive shall not be denied any kind of decent burial services.
Sec. 42. Penalties for discriminatory acts and policies. — All discriminatory acts and policies referred to in this Act shall be punishable with a penalty of imprisonment for six (6) months to four (4) years and a fine not exceeding Ten thousand pesos (P10,000.00). In addition, licenses/permits of schools, hospitals and other institutions found guilty of committing discriminatory acts and policies described in this Act shall be revoked.
ARTICLE VIII THE PHILIPPINE NATIONAL AIDS COUNCIL
Sec. 43. Establishment. — The Philippine National AIDS Council (PNAC) created by virtue of Executive Order No. 39 dated 3 December 1992 shall be reconstituted and strengthened to enable the Council to oversee an integrated and comprehensive approach to HIV/AIDS prevention and control in the Philippines. It shall be attached to the Department of Health.
Sec. 44. Functions. — The Council shall be the central advisory, planning and policy-making body for the comprehensive and integrated HIV/AIDS prevention and control program in the Philippines. The Council shall perform the following functions:
(a) Secure from government agencies concerned recommendations on how their respective agencies could operationalize specific provisions of this Act. The Council shall integrate and coordinate such recommendations and issue implementing rules and regulations of this Act. The Council shall likewise ensure that there is adequate coverage of the following:
(1) The institution of a nationwide HIV/AIDS information and education program;
(2) The establishment of a comprehensive HIV/AIDS monitoring system;
(3) The issuance of guidelines on medical and other practices and procedures that carry the risk of HIV transmission;
(4) The provision of accessible and affordable HIV testing and counselling services to those who are in need of it;
(5) The provision of acceptable health and support services for persons with HIV/AIDS in hospitals and in communities;
(6) The protection and promotion of the rights of individuals with HIV; and
(7) The strict observance of medical confidentiality.(b) Monitor the implementation of the rules and regulations of this Act, issue or cause the issuance of orders or make recommendations to the implementing agencies as the Council considers appropriate;
(c) Develop a comprehensive long-term national HIV/AIDS prevention and control program and monitor its implementation;
(d) Coordinate the activities of and strengthen working relationships between government and non-government agencies involved in the campaign against HIV/AIDS;
(e) Coordinate and cooperate with foreign and international organizations regarding data collection, research and treatment modalities concerning HIV/AIDS; and
(f) Evaluate the adequacy of and make recommendations regarding the utilization of national resources for the prevention and control of HIV/AIDS in the Philippines.
Sec. 45. Membership and composition. — (a) The Council shall be composed of twenty-six (26) members as follows:
(1) The Secretary of the Department of Health;
(2) The Secretary of the Department of Education, Culture and Sports or his representative;
(3) The Chairperson of the Commission on Higher Education or his representative;
(4) The Director-General of the Technical Education and Skills Development Authority or his representative;
(5) The Secretary of the Department of Labor and Employment or his representative;
(6) The Secretary of the Department of Social Welfare and Development or his representative;
(7) The Secretary of the Department of the Interior and Local Government or his representative;
(8) The Secretary of the Department of Justice or his representative;
(9) The Director-General of the National Economic and Development Authority or his representative;
(10) The Secretary of the Department of Tourism or his representative;
(11) The Secretary of the Department of Budget and Management or his representative;
(12) The Secretary of the Department of Foreign Affairs or his representative;
(13) The Head of the Philippine Information Agency or his representative;
(14) The President of the League of Governors or his representative;
(15) The President of the League of City Mayors or his representative;
(16) The Chairperson of the Committee on Health of the Senate of the Philippines or his representative;
(17) The Chairperson of the Committee on Health of the House of Representatives or his representative; (18) Two (2) representatives from organizations of medical/health professionals;
(19) Six (6) representatives from non-government organizations involved in HIV/AIDS prevention and control efforts or activities; and
(20) A representative of an organization of persons dealing with HIV/AIDS.
(b) To the greatest extent possible, appointment to the Council must ensure sufficient and discernible representation from the fields of medicine, education, health care, law, labor, ethics and social services;
(c) All members of the Council shall be appointed by the President of the Republic of the Philippines, except for the representatives of the Senate and the House of Representatives, who shall be appointed by the Senate President and the House Speaker, respectively;
(d) The members of the Council shall be appointed not later than thirty (30) days after the date of the enactment of this Act;
(e) The Secretary of Health shall be the permanent chairperson of the Council; however, the vice-chairperson shall be elected by its members from among themselves, and shall serve for a term of two (2) years; and
(f) For members representing medical/health professional groups and the six (6) non-government organizations, they shall serve for a term of two (2) years, renewable upon recommendation of the Council.
Sec. 46. Reports. — The Council shall submit to the President and to both Houses of Congress comprehensive annual reports on the activities and accomplishments of the Council. Such annual reports shall contain assessments and evaluation of intervention programs, plans and strategies for the medium- and long-term prevention and control program on HIV/AIDS in the Philippines.
Sec. 47. Creation of Special HIV/AIDS Prevention and Control Service. — There shall be created in the Department of Health a Special HIV/AIDS Prevention and Control Service staffed by qualified medical specialists and support staff with permanent appointment and supported with an adequate yearly budget. It shall implement programs on HIV/AIDS prevention and control. In addition, it shall also serve as the secretariat of the Council.
Sec. 48. Appropriations. — The amount of Twenty million pesos (P20,000,000.00) shall be initially appropriated out of the funds of the National Treasury. Subsequent appropriations shall be provided by Congress in the annual budget of the Department of Health under the General Appropriations Act.
ARTICLE IX MISCELLANEOUS PROVISIONS
Sec. 49. Implementing rules and regulations. — Within six (6) months after it is fully reconstituted, the Council shall formulate and issue the appropriate rules and regulations necessary for the implementation of this Act.
Sec. 50. Separability clause. — If any provision of this Act is declared invalid, the remainder of this Act or any provision not affected thereby shall remain in force and effect.
Sec. 51. Repealing clause. — All laws, presidential decrees, executive orders and their implementing rules inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
Sec. 52. Effectivity. — This Act shall take effect fifteen (15) days after its publication in at least two (2) national newspapers of general circulation.
Approved: February 13, 1998
Last week I went to San Lazaro Hospital to get my meds replenished and to get a copy of my confirmatory test. So here’s the proof that I am an HIV Positive. You will also see there, that I’m reactive on both types Anti-HIV 1 and Anti-HIV 2. Can you imagine the been infected by HIV not once but twice! Hahahahaha! Now I can laugh about it but before Man! It was like a meteorite hit me!
First of all let me thank E for coming with me sa San Lazaro and spending almost his entire day with me going in different places of Manila and Makati area.
Yesterday I called E and told him that I am going to San Lazaro to get my meds (ARV) and make a follow up on my CD4 test that is scheduled on Aug. 14. Thursday is the scheduled day for all HIV/ AIDS wherein all the doctors there are present for consultation or if your going to ask for meds like in my case prescription for my ARV, if your feeling sick or feeling something you can consult them on that day. Thursday also serves as a small reunion or gathering for all HIV Positives or we call ourselves PUSIT. Sometimes some NGO go there and conduct lectures. On that day also most of the time you will see NEW and Younger Faces of an HIV carrier.
I asked E if he wants to go with me and without any hesitation E said yes. He texted me last night and asked a favor if I can give him a wake up call at around 6:30 AM and I replied Sure and then I slept.
I woke up at exactly 6:30 AM, I got my phone and made a call to E. I said it’s 6:30 and he said yes he’s already awake. Then I went to the shower and dress up. I left our house around 7:30 AM when I entered the South Expressway I texted E and told him that I already entered South Super Highway. Eventually I reached Alabang and we met at the Northgate of Filinvest.
He went inside my car and I politely introduced myself. Then while I was driving we talk about some stuff about my life, things that I do, being HIV positive almost everything under the sun. We also talked about his life and indeed it colorfull.
Eventually we arrived at San Lazaro Hospital I told him not to be afraid. That almost everyone who is inside that building is POSITIVE. We went down to my car and went to the lobby, I said Hi to some of my friends, acquaintances and to the nurses there. I told E to just seat in one of the chairs there while the nurse checks my Vital Signs (Weight: 67.7 Kilos, BP: 120/ 70 and Body Temp: Normal) . The nurse gave me my no. and it was No. 14 and the doctor is not starting yet. I said to myself GOOD LUCK TO ME! I sat beside E and we shared stories again I told him after this I’m going to a friend who’s confined in San Lazaro also taking his ARV trial. Most of my friends there asked me, Sino yang kasama mo? (Whisperring) I told them Kaibigan ko! They will have a follow up question: Sigurado ka friend ha hindi boyfriend? I told them: Oo! If I’m on that building I feel different. I can do what I want, I can say what I want, I don’t have to pretend that I’m straight and I’m not HIV Positive! On that building I can be ME! Pag nakikita ko ang ibat ibang klase ng tao sa San Lazaro especially sa H4 (This is the name of the building for HIV/ AIDS carrier) I have this mixed feeling. Thankful kasi God blessed me so much that I can afford to buy what I want and what I need unlike others na kailangang kailangan na nila pero wala sila magawa kasi wala silang pera. Kaya nga sabi ko sa sarili ko I will help these people in my own little way. Hindi man ako naka front pero there are alot of ways to help these people. Simula nung naging HIV positive ako I always think of ways on how to make the life of HIV/ AIDS carriers better. I mentioned to E that one of my plans is to have a nice, state of the art and fully equiped building that once you see that building sasabihin mo sa sarili mo: Sana may HIV na lang ako! I know it’s kinda weird pero that’s my vision. Wherein all people will undergo HIV testing because they know that if ever they are infected they are in good hands and even foreigners will come here in our country to seek help. I know it’s a long shot but it’s worth a try!
Going back, at last after a no. of hours it was my turn to meet my doctor. I greeted her and
Doctora said: Sino kasama mo? Boyfriend mo?
I replied to her: Doctora, kaibigan ko po sya. Nagma magandang loob lang po ako.
Doctora said: Asus! Carlo behave ka ha!
I replied again: Doc positive din po yata sya.
Doctora: Yata?
I said: Opo, di pa confirm kasi nagpa rapid test sya lumabas positive tapos for confirmatory na lumabas kahapon ELISA test nya POSITIVE daw ulit may isa pang test na hinihintay para lumabas na yung CERTIFICATE of ACCOMPLISHMENT na POSITIVE na siya.
Doctora: Aok, akala ko pa naman bf mo.
I said: Doc naman alam nyo naman ako mabait na bata!
Doctora told me that my CD4 scheduled for Aug.14 is cancelled since there is no reagent available and they still don’t know when are they going to resume it. They will just advise me as soon as they have it already. I just asked doctora for prescription for my ARV so that I can get in in the pharmacy and she gladly gave it to me.
After that we went to my friend Duaine (He is the guy taking ARV trial). E and I visited him. I introduced E to Duaine. I saw the nurses assigned there and they are the same nursed assigned when I was confined last January sa we know each other I said Hi to them and asked how are they. The three of us sat at the lobby and shared stories, I asked how is he doing and where is his bf? He said that he’s ok and that he’s bf left because they fought again for the nth time.
Duaine is a nice person he was detected last year but unfortunatelly he didn’t take it seriously that’s why when he got the courage to get his CD4 test last month he was surprised that it was very low 112. This is low since the doctors are advising patients that once there cd4 went down to 350 they recommend to the patient to take ARV. That’s why he is on ARV trial for 2 weeks and today was just his 3rd day. He thank us for visiting him. He said that he was so bored and that the only thing he does is to EMOTE about his life. I talked to him and gave him some inputs based on my experience and told him that it will agravate his condition if he will become depressed. I told him that he is not alone, that there are alot of people who takes care of him like his bf who inspite the fact that he knows that he is positive he still accepted him and loved him more. He smiled and said that I’m right.
Well there’s a great feeling of accomplishment if you help other people even in small ways!
HIV (human immunodeficiency virus) is the virus that causes AIDS. This virus may be passed from one person to another when infected blood, semen, or vaginal secretions come in contact with an uninfected person’s broken skin or mucous membranes*. In addition, infected pregnant women can pass HIV to their baby during pregnancy or delivery, as well as through breast-feeding. People with HIV have what is called HIV infection. Some of these people will develop AIDS as a result of their HIV infection.
Where did HIV come from?
The earliest known case of HIV-1 in a human was from a blood sample collected in 1959 from a man in Kinshasa, Democratic Republic of Congo. (How he became infected is not known.) Genetic analysis of this blood sample suggested that HIV-1 may have stemmed from a single virus in the late 1940s or early 1950s.
We know that the virus has existed in the United States since at least the mid- to late 1970s. From 1979-1981 rare types of pneumonia, cancer, and other illnesses were being reported by doctors in Los Angeles and New York among a number of male patients who had sex with other men. These were conditions not usually found in people with healthy immune systems.
In 1982 public health officials began to use the term “acquired immunodeficiency syndrome,” or AIDS, to describe the occurrences of opportunistic infections, Kaposi’s sarcoma (a kind of cancer), and Pneumocystis carinii pneumonia in previously healthy people. Formal tracking (surveillance) of AIDS cases began that year in the United States.
In 1983, scientists discovered the virus that causes AIDS. The virus was at first named HTLV-III/LAV (human T-cell lymphotropic virus-type III/lymphadenopathy- associated virus) by an international scientific committee. This name was later changed to HIV (human immunodeficiency virus).
For many years scientists theorized as to the origins of HIV and how it appeared in the human population, most believing that HIV originated in other primates. Then in 1999, an international team of researchers reported that they had discovered the origins of HIV-1, the predominant strain of HIV in the developed world. A subspecies of chimpanzees native to west equatorial Africa had been identified as the original source of the virus. The researchers believe that HIV-1 was introduced into the human population when hunters became exposed to infected blood.
What is AIDS?
AIDS stands for Acquired Immunodeficiency Syndrome.
Acquired – means that the disease is not hereditary but develops after birth from contact with a disease causing agent (in this case, HIV).
Immunodeficiency – means that the disease is characterized by a weakening of the immune system.
Syndrome – refers to a group of symptoms that collectively indicate or characterize a disease. In the case of AIDS this can include the development of certain infections and/or cancers, as well as a decrease in the number of certain cells in a person’s immune system.
A diagnosis of AIDS is made by a physician using specific clinical or laboratory standards.
What causes AIDS?
AIDS is caused by infection with a virus called human immunodeficiency virus (HIV). This virus is passed from one person to another through blood-to-blood and sexual contact. In addition, infected pregnant women can pass HIV to their babies during pregnancy or delivery, as well as through breast feeding. People with HIV have what is called HIV infection. Some of these people will develop AIDS as a result of their HIV infection.
How does HIV cause AIDS?
HIV destroys a certain kind of blood cell (CD4+ T cells) which is crucial to the normal function of the human immune system. In fact, loss of these cells in people with HIV is an extremely powerful predictor of the development of AIDS. Studies of thousands of people have revealed that most people infected with HIV carry the virus for years before enough damage is done to the immune system for AIDS to develop. However, sensitive tests have shown a strong connection between the amount of HIV in the blood and the decline in CD4+ T cells and the development of AIDS. Reducing the amount of virus in the body with anti-retroviral therapies can dramatically slow the destruction of a person’s immune system.
How long does it take for HIV to cause AIDS?
Prior to 1996, scientists estimated that about half the people with HIV would develop AIDS within 10 years after becoming infected. This time varied greatly from person to person and depended on many factors, including a person’s health status and their health-related behaviors.
Since 1996, the introduction of powerful anti-retroviral therapies has dramatically changed the progression time between HIV infection and the development of AIDS. There are also other medical treatments that can prevent or cure some of the illnesses associated with AIDS, though the treatments do not cure AIDS itself. Because of these advances in drug therapies and other medical treatments, estimates of how many people will develop AIDS and how soon are being recalculated, revised, or are currently under study.
As with other diseases, early detection of infection allows for more options for treatment and preventative health care.
How well does HIV survive outside the body?
Scientists and medical authorities agree that HIV does not survive well outside the body, making the possibility of environmental transmission remote. HIV is found in varying concentrations or amounts in blood, semen, vaginal fluid, breast milk, saliva, and tears. To obtain data on the survival of HIV, laboratory studies have required the use of artificially high concentrations of laboratory-grown virus. Although these unnatural concentrations of HIV can be kept alive for days or even weeks under precisely controlled and limited laboratory conditions, CDC studies have shown that drying of even these high concentrations of HIV reduces the amount of infectious virus by 90 to 99 percent within several hours. Since the HIV concentrations used in laboratory studies are much higher than those actually found in blood or other specimens, drying of HIV-infected human blood or other body fluids reduces the theoretical risk of environmental transmission to that which has been observed – essentially zero. Incorrect interpretations of conclusions drawn from laboratory studies have in some instances caused unnecessary alarm.
Results from laboratory studies should not be used to assess specific personal risk of infection because (1) the amount of virus studied is not found in human specimens or elsewhere in nature, and (2) no one has been identified as infected with HIV due to contact with an environmental surface. Additionally, HIV is unable to reproduce outside its living host (unlike many bacteria or fungi, which may do so under suitable conditions), except under laboratory conditions; therefore, it does not spread or maintain infectiousness outside its host.
How can I tell if I’m infected with HIV? What are the symptoms?
The only way to know if you are infected is to be tested for HIV infection. You cannot rely on symptoms to know whether or not you are infected. Many people who are infected with HIV do not have any symptoms at all for 10 years or more.
The following may be warning signs of advanced HIV infection:
*rapid weight loss
*dry cough
*recurring fever or profuse night sweats
*profound and unexplained fatigue
*swollen lymph glands in the armpits, groin, or neck
*diarrhea that lasts for more than a week
*white spots or unusual blemishes on the tongue, in the mouth, or in the throat
*pneumonia
*red, brown, pink, or purplish blotches on or under the skin or inside the mouth, nose, or eyelids
*memory loss, depression, and other neurological disorders
However, no one should assume they are infected if they have any of these symptoms. Each of these symptoms can be related to other illnesses. Again, the only way to determine whether you are infected is to be tested for HIV infection.
The first test that I undergone was the CD4 test.
How is it used?
The CD4 count tells your doctor how strong your immune system is, how far HIV disease has advanced (the stage of the disease), and helps predict the risk of complications and debilitating infections. The CD4 count is most useful when it is compared with the count obtained from an earlier test.
The CD4 count is used in combination with the viral load test, which measures the level of HIV in the blood, to determine the staging and outlook of the disease.
The CD4 count is also used to identify possible health problems for which you may be at risk and to determine which medications might be helpful.
When is it ordered?
A CD4 count and a viral load test are ordered when a person is first diagnosed with HIV as part of a baseline measurement. Both tests should be repeated about two to eight weeks after starting or changing anti-HIV therapy. If treatment is maintained, a CD4 count should be performed every three to six months thereafter.
So nagpa CD4 test na nga ako sa San Lazaro and actually sa mga cases palang ganito napa pakinabangan natin ang foreign grants. May mga grants pala sa Philippines para mabigyan ng libreng CD4 test ang mga confirmed HIV Positives. Although we are in the middle class I opted to avail that free test because kung magiging paying patient ako it will cost 8,000 pesos CD4 pa lang yon and wala ring difference kung paying ka kasi pareho pa rin naman doctor mo and pareho pa rin ang building na pupuntahan mo. Viral Load is not yet free here in the Philippines CD4 pa lang sana maging free na rin sya.
When I got the the result of my first CD4 test it was 504. This means that I am still ok and sabi ni doc hindi ko pa daw kailangan mag take ng ARV.
What does the test result mean?
Normal CD4 counts in adults range from 500 to 1,500 cells per cubic millimeter of blood.
In general, the CD4 count goes down as HIV disease progresses. Any single CD4 count value may differ from the last one even though your health status has not changed. You should not place too much importance on any one result. What is more important than any single value is the pattern of CD4 counts over time.
If your CD4 count declines over several months, your doctor may recommend beginning or changing anti-HIV treatment and/or starting preventive treatment for opportunistic infections like Pneumocystis carinii pneumonia (PCP). Your CD4 count should increase or stabilize in response to effective combination anti-HIV therapy.
According to public health guidelines, preventive therapy should be started when an HIV-positive person who has no symptoms registers a CD4 count under 200. Some physicians will opt to consider treatment earlier, at 350. The Centers for Disease Control and Prevention considers HIV-infected persons who have CD4 counts below 200 to have AIDS, regardless of whether they are sick or well.
What is ARV medication?
This combination of drugs reduce the number of HIV viruses in the body. By doing this the immune system can be strengthened and restored. Once your CD4 count drops below 200 your doctor will start you on ARV treatment.
So I went on with my life. I work hard with my business, gimick here and there and occassionally thinking about my health. After 8 months my doctor scheduled me again for CD4 test. It was November of 2007 when I undergone my second CD4 test. Because of my busy schedule I wasn’t able to visit my doctor. One day she called me and informed me that she needs to talk to me. I know dahil ito sa CD4 ko. I asked her, ” Doc ano na ba CD4 ko, mataas pa rin ba? She said: “Let’s just talk about it when you get here!” The next day I rushed to the hospital to talked to her.
Doc: Here’s the result of your CD4 test.
She showed me the result of my CD4 from 504 it went down to 360. In a matter of 9 months my CD4 decreased by 144. My doctor said that my CD4 is decreasing and she is suggesting for me to take ARV already the soonest possible time. She explained to me that once i get to this regimen it will be forever. My doctor said that in order for me to start my ARV medication I should be confined in the hospital for a minimum of 2 weeks. So that they can monitor the effects or side effects of the meds that will be given to me. I asked my doctor if ever were will I be confined for 2 weeks? She said here in the ward. All the patients here has HIV/ AIDS and undergoing treatment. I don’t know how will I feel that time. I checked the room is a ward for heaven sake and if you see some of the patients there, they’re like dying. I told my doctor is there any private and airconditioned room I’m willing to pay. She said there is but the risk of your identity getting out is big. I said to my doctor: okay then, if ever I agree to start my ARV it will be on January because I’ll be very busy this coming December. She said it’s ok, but I should remember the earlier the better. So she scheduled me to be confined in San Lazaro 3 days after New Year. Can you imagine A year after I was diagnosed I have HIV, now there’s a new chapter I have to take ARV if not I will die earlier.
After that conversation my doctor asked me to tell my parents that I need someone to accompany me during my 2 weeks confinement in the hospital so that someone will attend to my needs since it’s a government hospital almost everything is lacking. I told my parent’s about it and we decided to tell my 5th sibling about my condition he cried when he found out about it and eventually accepted it. I told my business associates that I will be on vacation for 2 weeks so that they will not ask any more questions about my whereabouts.
January 3, 2008 came, both my parents and my brother went with me in San Lazaro. When we arrived my doctor facilitated my admission and told me to prepare. She introduced me to my batchmates who will also undergo ARV medication. I was snobish on my first day. I was only talking to my brother. I don’t eat the food ration. I always asked my brother to buy our food in the restaurant like pizza hut, greenwich, chowking and others. Eventually 2 weeks is kinda long and I became close with the other patients there btw, most of the patiets there are also gay. Me and my other batchmates who was starting to take ARV are getting closer day by day. I think my brother and my parents already knew about me by this time. We just don’t want to talk about it di ba? I finished the 2 weeks without any rashes or side effects in my body.
Next month I’m scheduled again for CD4 test, to find out if the ARV medication that I am taking is effective and working in my immune system. I’m still crossing my fingers and I am hoping that I am getting better. Because I feel better! A lot of people are noticing that I am gaining weight, getting a lighter complexion and looking better. Which I hope is a good sign. I hope next month when I got the result of my 3rd CD4 test I will be happy to announce that it is over 500 again.
Don’t worry if there are any updates with regards to my health or to about HIV/ AIDS here in the Philippines I will post here right away. This is my new goal in life to help others with the same disease and to educate other people about the effects of the new ticking time bomb which we calle HIV/ AIDS. The governement just don’t have time to look into it because we have alot of problems but I think HIV is getting worst every second and every minute of the day.
If you have any questions about me or about HIV please feel free to email me at hivpos27@yahoo.com. I will be happy to answer all your querries. Thanks!
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Blog of a Filipino with HIV 