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MANILA, Philippines—Six years after it enacted the law against human organ trafficking, the Philippines can now enforce it after the Inter-Agency Council Against Trafficking (Iacat) finalized the implementing rules and regulations.
The ban on trafficking of persons for the purpose of removal or sale of organs is contained in Section 3(a) of Republic Act 9208 or the Anti-Trafficking in Persons Act of 2003. However, the particular section of the law has not been fully implemented due to lack of implementing rules and regulations (IRR).
The IRR was formulated by a technical working group chaired by the Department of Justice and composed of Department of Health, Department of Social Welfare and Development, Philippine Society of Nephrology, National Kidney and Transplant Institute, Philippine Society of Transplant Surgeons, Philippine Urological Association, National Transplant Ethics Committee, and Kidney Foundation of the Philippines.
It took effect June 21, 2009.
Justice Undersecretary Ricardo Blancaflor said violators face up to 20 years imprisonment and a fine between P1 million and P2 million.
“With the IRR already in place and enforceable, the duty and power of government to prosecute unscrupulous middlemen and other individuals who take advantage of the poor has gained more teeth,” he said.
But he said that transplantation of human organs for medical purposes remains unhampered.
The IRR provides that anyone at least 18 years may donate organs by giving his written consent.
“The donation is to be made without any valuable consideration given by the recipient to the donor. However, reasonable expenses related to the organ donation such as medical and hospital bills, life and medical insurance, lost wages incurred by the donor, travel, and housing expenses are allowed to be reimbursed,” it said.
“An individual may become an organ recipient of a living related voluntary donor or living non-related voluntary donor for the purpose of therapy. In case of a living non-related voluntary donor, a showing has to be made that all other members of the immediate family of the recipient have been eliminated as potential donors,” it added.
However, Blancaflor said, a foreigner is prohibited from receiving organs from living non-related Filipino donors. He said this will prevent rich foreigners from exploiting poor Filipinos.
The IRR requires all hospital administrators to submit to the DoH a monthly report on the transplantation performed. Failure to do so shall be a basis for administrative sanctions.
The IRR also highlights the responsibility of the DoH to develop a comprehensive program for long-term monitoring of donors and for further care of donors who may have developed any medical problems after donation.
