Republic of the Philippines
PHILIPPINE NATIONAL AIDS COUNCIL
WHEREAS, Republic Act 8504 otherwise known as "the Philippine AIDS Prevention and Control Act of 1998" was signed into Law by the President of the Republic of the Philippines on February 13, 1998.
WHEREAS, The Philippine National AIDS Council, a multi-sectoral, central advisory, planning and policy making body is mandated by Law to oversee a comprehensive and integrated HIV/AIDS prevention and control program in the Philippines whose members were sworn into office by the President of the Republic of the Philippines on April 6, 1999.
WHEREAS, Article IX, Section 49 of Republic Act 8504 states that within six (6) months after it is fully reconstituted, The Philippine National AIDS Council is mandated to formulate and issue the appropriate rules and regulations necessary for the implementation of Republic Act 8504
BE IT RESOLVED AS IT IS HEREBY RESOLVED, that We, The Members of the Philippine National AIDS Council do hereby order and issue the following Implementing Rules and Regulations.
SUBJECT: Rules and Regulations Implementing Republic Act No. 8504 otherwise known as the "Philippine AIDS Prevention and Control Act of 1998".
Pursuant to Section 49 of Republic Act No. 8504, otherwise known as the Philippine AIDS Prevention and Control Act of 1998, the following Implementing Rules and Regulations are hereby adopted.
Pursuant to Section 49 of Republic Act No. 8504, otherwise known as the Philippine AIDS Prevention and Control Act of 1998, the following Implementing Rules and Regulations are hereby adopted.
RULE 1Section 1. Title
TITLE AND APPLICATION
TITLE AND APPLICATION
This Administrative Order shall be known as the "Rules and Regulations Implementing the PHILIPPINE AIDS PREVENTION AND CONTROL ACT OF 1998 (RA 8504)".
Section 2. Purpose
These Implementing Rules and Regulations (IRR) are adopted to disseminate the principles of RA 8504 and prescribe guidelines, procedures and standards for its implementation, to facilitate compliance to and achieve the objectives of the law.
Section 3. Declaration of Policies
Acquired Immune Deficiency Syndrome (AIDS) is a disease that recognizes no territorial, social, political and economic boundaries for which a cure has yet to be discovered. However, even if a cure is discovered, the Act shall continue to serve as an important guide in sustaining prevention and control efforts and caring for people of all ages already infected. The gravity of the AIDS threat demands strong State action today and in the future, thus:
- The State shall promote public awareness about the causes, modes of transmission, consequences, and means of prevention and control of the Human Immuno-deficiency Virus/Acquired Immune Deficiency Syndrome (HIV/AIDS) through a comprehensive nationwide education 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.
- 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,
- compulsory HIV testing shall be considered unlawful unless otherwise provided in this Act;
- the right to privacy of individuals with HIV/AIDS shall be guaranteed;
- discrimination, in all its forms and subtleties, against individuals with HIV/AIDS or persons perceived or suspected of having HIV/AIDS shall be considered inimical to individual and national interest; and
- provision of basic health and social services for individuals with HIV/AIDS shall be assured.
- The State shall promote utmost safety and universal precautions in practices and procedures that carry the risk of HIV transmission.
- 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. In seeking to eradicate these conditions, there is no intent to undermine other HIV/AIDS prevention activities. For example, this Act does not advocate eradicating prostitution through actions which drive the sex industry out of sight where it is more difficult to conduct HIV/AIDS prevention activities.
- The State shall recognize the potential role of affected individuals in propagating vital information and education messages about HIV/AIDS and shall utilize their experience to warn the public about the disease.
- Consistent with the above mentioned policies and in consonance with the Philippine National HIV/AIDS Strategy, the State, further, recognizes that:
- Multi-sectoral involvement is essential to national and local responses to HIV infection;
- People should be empowered to prevent further HIV transmission. Empowerment for all Filipinos will come through access to appropriate information and resources for prevention;
- The formulation of socio-economic development policies and programs should include the consideration of the impact of HIV infection/AIDS;
- Resources should be allocated taking into consideration the unique vulnerabilities of various population groups, including children, affected by HIV/AIDS and its impact; and
- Continued efforts should be made to constantly improve the performance and assure the quality of HIV/AIDS related programs.
Section 4. Definition of Terms
As used in this IRR, the definitions of terms are as follows:
- Acquired Immune Deficiency Syndrome (AIDS) - A condition characterized by a combination of signs and symptoms, caused by HIV contracted from another which attacks and weakens the body’s immune system, making the afflicted individual susceptible to other life-threatening infections.
- AIDS Registry - The official record of the number of reported HIV positive and AIDS cases and deaths confirmed by either the Bureau of Research and Laboratories (BRL) or the Research Institute for Tropical Medicine (RITM), and reported to the National HIV Sentinel Surveillance System (NHSSS).
- Anonymous Testing - An HIV test procedure whereby the identity of the individual being tested is protected or not known. The unlinked anonymous method tests blood drawn for other purposes for HIV antibodies without the subjects knowledge and with all identifying data removed, while the voluntary anonymous method tests blood drawn from volunteers who have no identifying information, except a code number which is matched with a similar code of a given test result.
- Behavioral Surveillance System (BSS) - A systematic and regular collection of information on risk behaviors and co-factors of the transmission of HIV infection among selected population groups.
- Community - A group of persons with something in common.
- Compulsory HIV Testing - An HIV testing of a person attended by the lack of consent; lack of consent of the parent when said person is a minor or the legal guardian when the same is insane; or use of physical force, intimidation or any other form of compulsion.
- Condom - Is a thin protective barrier or sheath worn over the male or female external reproductive organ.
- Contact tracing - A method of finding and counseling the sexual partner(s) of a person who has been diagnosed as having a sexually transmitted disease or diseases.
- Discrimination - A prejudicial act of making distinctions or showing partiality in the granting of privileges, benefits or services to a person on the basis of his/her actual, perceived or suspected HIV status.
- Government Agency - Any of the various units of government, including a department, bureau, office, instrumentality or government-owned or -controlled corporation or a local government or a distinct unit therein.
- Government Office - Any major functional unit of a department or bureau, including regional offices, within the framework of the governmental organization. It also refers to any position held or occupied by individual persons, whose functions are defined by law or regulation. All establishments or offices outside this definition are considered private offices.
- Health Worker - A person engaged in health or health-related work in hospitals, sanitaria, health infirmaries, health centers, rural health units, barangay health stations, clinics and other health-related establishments.
- High-Risk Behavior - A behavior or activity which when done increases the risk of acquiring or transmitting HIV. Examples are unprotected sex with multiple partners, low condom use and sharing of intravenous needles.
- Hiring - The process of selecting an individual for a specific position or job.
- HIV/AIDS Education - The provision of information on the causes, prevention and consequences of HIV/AIDS and activities designed to assist individuals to develop the confidence and skills needed to avoid HIV/AIDS transmission and to develop more positive attitudes towards people living with HIV/AIDS (PLWHA).
- HIV/AIDS Monitoring - The documentation and analysis of the number and the pattern of spread and transmission of the HIV/AIDS infection and the prevention and control measures directed against it.
- HIV/AIDS Prevention and Control - The program, strategies and measures aimed at protecting non-infected persons from contracting HIV and minimizing the impact of the condition on PLWHAs.
- HIV-negative - Denotes the absence of HIV or HIV antibodies upon HIV testing.
- HIV-positive - Denotes the presence of HIV infection as demonstrated by the presence of HIV or HIV antibodies upon HIV testing.
- HIV status - Denotes whether a person who has undergone an HIV test is HIV-positive or HIV-negative.
- HIV Testing - A laboratory procedure done on an individual to determine the presence or absence of HIV infection.
- HIV Transmission - The transfer of HIV from an infected person to an uninfected one, more commonly through sexual intercourse, blood transfusion, sharing of intravenous needles, or from the mother to the fetus or infant.
- Human Immunodeficiency Virus (HIV) - The virus which causes AIDS.
- Indigenous Learning Systems - Culturally rooted, formalized, and codified beliefs, knowledge and skills from recognized alternative systems of instruction which parallel modern private and public schooling. Classic examples of indigenous learning systems include the tent schools in Ifugao, Islamic or Quranic schools in Muslim societies, and child socialization practices in cultural communities.
- Informed Consent - The voluntary verbal or written agreement of a person to undergo or be subjected to a procedure based on full information.
- Injecting Drug Users (IDUs) - Individuals who inject prohibited or regulated drugs.
- Medical Confidentiality - The expectation or situation of protecting and upholding the right to privacy of a person who had an HIV test or was diagnosed to have HIV. Confidentiality encompasses all information that directly or indirectly lead to the disclosure of the identity and HIV status of said person. This information includes, but is not limited to, the name, address, picture, physical characteristic or any other similar identifying characteristic.
- Minor - A person who is below 18 years of age.
- Non-formal Education - An organized non-school, community-based educational activity undertaken by the Department of Education, Culture and Sports or by other agencies, including private schools, aimed at attaining specific learning objectives for a target clientele, such as the illiterate, children who do not go to school, and adults who cannot avail of formal education. It is distinct from and outside of the regular offering of the formal school system.
- Non-Government Organization (NGO) - A private, non -profit voluntary organization that is committed to the task of socio-economic development and established primarily for service.
- Perceived or suspected HIV status - A judgment or suspicion about the HIV status of a person which may or may not correspond with the actual HIV status.
- Person with HIV - An individual whose HIV test indicates, directly or indirectly, that he/she is infected with HIV.
- Pre-employment to Post-employment - The continuity of employment starting from the hiring process, through employment, resignation, retirement and after retirement or resignation of an employee.
- Pre-Test Counseling - The process of providing information on the biomedical aspects of HIV/AIDS and the possible results of the HIV test; and providing emotional support for any psychological implication of undergoing HIV testing to an individual before he or she undergoes the HIV test.
- Post-Test Counseling - 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.
- Private sector - The sector composed of non-government organizations, people’s organizations, private schools and universities, business enterprises owned and operated by private individuals or groups, and other organizations and establishments which are not part of the government.
- Prophylactic - A medical agent or device used to prevent the transmission of a disease. It does not include antibiotics and vitamins.
- Sexually Transmitted Disease (STD) - Any disease that is acquired or transmitted through sexual contact.
- Standardized Basic Information - The amount of knowledge on HIV/AIDS deemed sufficient by the Department of Health, the Department of Labor and Employment, the Department of National Defense and the Civil Service Commission, that enables individuals to take action for their own protection. It includes information on the nature of HIV/AIDS, its mode of transmission and causes. It discusses the issues of medical confidentiality, the dignity of the person afflicted with HIV/AIDS, the rights and obligations of employers and employees towards persons with HIV/AIDS, and the particular vulnerability of women.
- Subpoena ad testificandum - A procedure of a competent court inviting a person to testify as a witness during a court trial or any investigation conducted under the laws of the Philippines. It is commonly referred to as subpoena.
- Subpoena duces tecum - A procedure whereby a competent court requires a person to appear in court to present or provide specified documents and/or materials under her/his control which may be used as evidence.
- Termination from work - Dismissal from work or the end of an employer-employee relationship.
- Tourist - A temporary visitor staying at least 24 hours in the country for a purpose classified as either holiday (recreation, leisure, sport and visit to family, friends or relatives), business, official mission, convention or health reasons.
44. Transient - A temporary visitor who stays less than 24 hours in the country visited.
- Treatment or Care - A health, psychological, spiritual or social intervention extended to a person with HIV/AIDS.
- Voluntary HIV Testing - HIV testing done on an individual who, after having undergone pre-test counseling, willingly submits himself/herself to said test.
- Window Period - Period of time, usually lasting from two (2) weeks to six (6) months during which an HIV/AIDS infected individual will test "negative" for HIV antibodies but, since the HIV is present, he or she is capable of transmitting the same.
EDUCATION AND INFORMATION
EDUCATION AND INFORMATION
Section 5. Nature and Scope
HIV/AIDS education and information shall consist of knowledge, skills and attitude competencies, accessible and available to all Filipinos, and targeted for the following groups:
- Students and teachers in the primary, secondary, tertiary and vocational schools;
- Health workers and their clients in the government and private sectors;
- Employers and employees in government and private offices;
- Filipinos going abroad;
- Tourists and transients;
- Communities; and
- Population groups with relatively higher risk of acquiring or transmitting HIV/AIDS.
Section 6. Purpose
Provision of timely, accurate, adequate, appropriate and relevant HIV education and information shall empower persons and communities to think and act in ways that protect themselves from HIV infection, minimize the risk of HIV transmission and decrease the socio-economic impact of HIV/AIDS.
Section 7. Content
The standardized basic information on HIV/AIDS shall be the minimum content of an HIV/AIDS education and information offering. Additional content shall vary with the target audience.
Selection of content or topic shall be guided by the following criteria:
- Accurate - Biomedical and technical information is consistent with empirical evidence of the World Health Organization, the DOH, or other recognized scientific bodies. Published research may be cited to establish the accuracy of the information presented.
- Clear - The target audience readily understands the content and message.
- Concise - The content is short and simple.
- Appropriate- Content is suitable or acceptable to the target audience.
- Gender-sensitive - Content portrays a positive image or message of the male and female sex; it is neither anti-women nor anti-homosexual.
- Culture-sensitive - Content recognizes differences in folk beliefs and practices, respects these differences and integrates, as much as possible, folkways and traditions that are conducive to health.
- Affirmative - Alarmist, fear-arousing and coercive messages are avoided as these do not contribute to an atmosphere conducive to a thorough discussion of HIV/AIDS.
- Non-moralistic and non condemnatory - Education and information materials or activities do not impose a particular moral code on the target audience and do not condemn the attitudes or behaviors of any individual or population group.
- Non-pornographic - Content or activity informs and educates and do not titillate or arouse sexual desire.
Section 8. Approaches
A prototype module or instructional design shall be developed on the standardized basic information on HIV/AIDS. Additional content suitable to a selected target audience may be added on the prototype.
This HIV/AIDS education and information prototype shall include the following:
Partnership and consultation shall be used in the development of the HIV/AIDS education and information prototype. The Department of Health (DOH), through the Special HIV/AIDS Prevention and Control Service (SHAPCS) shall develop the prototype, within six (6) months from the effectivity date of this IRR, in partnership and consultation with the:
- instructional objectives;
- content or topics and recommended time allocation;
- teaching methods and activities;
- evaluation methods and tools; and
- recommended qualifications of resource persons.
Suitability and flexibility shall be the basis for the adoption and modification of the prototype. The specific needs of each target audience for HIV/AIDS education and information shall be addressed by add-ons to the prototype.
- Department of Education, Culture and Sports (DECS), Commission on Higher Education (CHED) and Technical Education and Skills Development Authority (TESDA);
- Philippine Information Agency (PIA);
- Department of Labor and Employment (DOLE);
- Department of National Defense (DND);
- Department of Foreign Affairs (DFA);
- Department of Tourism (DOT);
- Department of Transportation and Communication (DOTC);
- Civil Service Commission (CSC); and
- Representatives of private offices and NGOs
DOH, in collaboration with its partners, shall assure the quality of the prototype through an annual review or as often as the need arises.
Section 9. Types of HIV/AIDS Education and Information Offerings
The HIV/AIDS education and information offerings shall make appropriate use of the multi-media, namely:
- Face-to-face instruction as in tutorials, classes, seminars, workshops and discussion groups;
- Print materials as in modules and other self-instructional materials, brochures, flyers, comic books, and magazines;
- Audio and audio-visual activities and materials as in jingles, cassette tapes, radio broadcast, radio programs, film strips, VHS and beta tapes, and TV programs; and
- HIV/AIDS distance education where self-instructional materials are sent to the target audience in accordance with adult learning principles.
Section 10. Levels of HIV/AIDS Education and Information
HIV/AIDS education and information shall be conducted at the following levels:Section 11. Structural Modes
- Organization or institution;
- Regional; and
HIV/AIDS education and information shall have the following structural modes:
- Formal - HIV/AIDS education and information is integrated in existing or planned subjects or courses at the primary, secondary or tertiary levels of education;
- Non-formal - HIV/AIDS education and information is part of non-degree continuing professional education programs; orientation, on-the-job training and in-service training; and extension programs for adult education; and
- Indigenous learning systems
Section 12. Training of HIV/AIDS Education and Information Trainors And Educators
The DOH, through the SHAPCS, in collaboration with its partners in the government and private sectors, shall undertake a national and regional training program of trainers for the HIV/AIDS education and information campaign, at least once a year.
Qualifications of the participants for the training for trainers shall include:
Trainers, in turn, shall conduct the HIV/AIDS education and information training for educators at the group, organization, school, and community or LGU levels.
- A health worker, teacher or individual working in the area of human resource development;
- A representative of a government or private office or agency, school, NGO, community or local government unit (LGU) that will offer HIV/AIDS education and information training; and
- Commitment to offer an HIV/AIDS education and information training for educators.
Educators shall conduct the HIV/AIDS education and information offerings at the individual, group, course, organization, community or LGU levels.
Other existing venues for the HIV/AIDS trainers and educator's training that may be considered by SHAPCS are the courses of the various health profession education programs, continuing professional education programs of the 42 nationally accredited professional organizations and the human resource development programs of the NGOs, academe and private agencies.
Section 13. HIV/AIDS Education in Schools
DECS, CHED and TESDA shall develop a school-based HIV/AIDS education and information program which shall include the HIV/AIDS education and information prototype, add-on content, and the development and provision of multi-media information and instructional materials to schools under their respective jurisdictions.
HIV/AIDS education shall be integrated into but not limited to science and health, edukasyon pantahanan at pangkabuhayan (EPP), sibika at kultura, good manners and right conduct (GMRC), and Filipino at the elementary level; in science and technology, social studies, physical education, health and music (PEHM) and values education at the secondary and tertiary levels. HIV/AIDS education shall also be integrated by DECS into its non-formal education program and in the indigenous learning systems. Instructional materials shall be provided for such purposes.
DECS shall further strengthen its own school-based AIDS education project through the development and printing of audio-visual materials such as posters, comics, flipcharts, modules, tapes and film strips.
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 the Parents-Teachers-Community-Association, association of private schools, school officials and other interest groups.
Section 14. HIV/AIDS Information as a Health Service
All efforts shall be exerted to provide inpatients with HIV/AIDS education, individually or in groups, during their period of confinement in a clinic, hospital or medical center, both government and private. The HIV/AIDS education prototype, as adopted and modified to suit the needs of this target audience, shall be used for this purpose.
Outpatient clients of barangay health stations, rural health units; district, provincial and regional hospitals; private clinics and hospitals; and government medical centers shall be given HIV/AIDS education seminars or tutorials to the extent possible.
Self-instructional HIV/AIDS materials shall be made available and accessible to inpatients and outpatients alike by the respective health agencies.
Government and private health facilities and private clinics shall be encouraged by the SHAPCS to play HIV/AIDS education and information audio and video tapes in the waiting, lounging and/or common rooms for their clients.
HIV/AIDS education and information shall be an integral part of the work of the health workers and they shall be trained for this purpose in accordance with Section 12 of this IRR.
Government agency members of the Philippine National AIDS Council (PNAC) shall ensure that all public health workers are trained on HIV/AIDS. In the private sector, it shall be the responsibility of the head of the health institution or agency to qualify the health workers under his or her jurisdiction as trainers and educators for the HIV/AIDS education and information program.
Section 15. HIV/AIDS Education in the Workplace
HIV/AIDS education shall be integrated in the orientation, training, continuing education and other human resource development programs of employees and employers in all government and private offices.
Each employer shall develop, implement, evaluate and fund a workplace HIV/AIDS education and information program for all their workers. The program shall include the following elements:
Monitoring and assessment of the workplace HIV/AIDS education program in the private sector shall be the responsibility of the DOLE, in collaboration with the DOH. The DOLE agencies in charge shall be the Inter-Agency Committee on STD/HIV/AIDS, chaired by the Occupational Safety and Health Center (OSHC) of DOLE, as well as the Department’s Regional Offices. The Labor Inspectorate under the DOLE Bureau of Working Conditions, shall be responsible for enforcing compliance to the HIV/AIDS Workplace Program.
- The HIV/AIDS education prototype and the modifications therein, that are suited to the target audience;
- List of trainers and other resource persons from the same or other workplace(s);
- Training schedule;
- Self-learning information materials such as booklets, brochures, flyers and tapes;
- Dissemination and distribution schedule of self-learning materials; and
- A monitoring and reporting scheme
For members of the AFP and the PNP, this shall be the responsibility of the Armed Forces Chief of Staff and the Director General of PNP, respectively. The Civil Service Commission (CSC) shall assist in the monitoring and assessment efforts for all other groups in the public sector.
Upon inspection, employers shall present records and materials of the HIV/AIDS education and information program and related activities undertaken.
The quality of the HIV/AIDS education and information program shall be under the Collective Bargaining Agreement, the human resource development unit or its equivalent in the agency or establishment.
Section 16. HIV/AIDS Education for Filipinos Going Abroad
Filipinos going abroad, consisting of all overseas Filipino workers (OFWs), as well as diplomatic, military, trade and labor officials and staff who will be assigned overseas, shall attend an HIV/AIDS education seminar prior to departure.
For OFWs, the HIV/AIDS education seminar shall be part of the Pre-Employment and Pre-Departure Orientation Seminars supervised by the DOLE. For the diplomatic, military, trade and labor officials and staff and their families, the appropriate agencies shall integrate the HIV/AIDS education into their existing training programs.
The HIV/AIDS education prototype and the modifications made therein, in partnership with various agencies and sectors of government and non-government organizations, to meet the specific needs of the target audience shall be used for the seminar or training program. Additional self-learning materials such as brochure, flyers and/or tapes shall be available to each participant.
Section 17. Information Campaign for Tourists and Transients
HIV/AIDS information materials such as brochures, flyers, posters, audio and video tapes shall be prominently displayed or played, easily accessible and available at places where there are tourists and transients. These include:
The DOT and the DOTC shall produce, distribute and disseminate the appropriate multi-media HIV/AIDS information materials using the HIV/AIDS education prototype as basis. The DOT and DOTC Regional Offices shall be adequately provided with these information materials for distribution in their respective areas of jurisdiction.
- commonly-used modes of land, sea and air transport such as buses, ferries and ships, and airplanes;
- international and domestic ports of entry and exit;
- passenger departure and waiting rooms of bus, ship and airport terminals;
- travel agencies, resorts and other tourist spots
- restaurants and hotels; and
- information center booths of the DOT.
The DOT, DFA and the Department of Justice (DOJ) through the Bureau of Immigration (BI), in collaboration with the DOH, shall monitor, coordinate and assess the HIV/AIDS information campaign for tourists and transients.
Section 18. HIV/AIDS Education in Communities
Local government units (LGUs) through their health, social welfare and population officers shall undertake an HIV/AIDS education and information program in the community and shall observe the following guidelines:
The provincial governor, city mayor, municipal mayor and barangay captain, through their respective local development councils shall produce the HIV/AIDS education and information campaign materials; and monitor, coordinate, assess and fund the implementation of the HIV/AIDS education and information campaign in communities.
- coordinate closely with concerned government agencies, NGOs, PLWHAs and other community-based organizations;
- cover the provincial, city, municipal, barangay and household levels;
- use the HIV/AIDS education prototype as basis and modify the same to meet the needs of a specific target audience;
- utilize multi-media materials and sources; and
- integrate the HIV/AIDS education and information program into existing community-based HIV/AIDS prevention and control programs and other health education programs of the LGUs.
Section 19. Information on Prophylactics
A labeling material shall be attached to or provided with every prophylactic offered for sale or given as donation and shall meet the following specifications:
Each labeling material shall include the following information:
- Printed information is in English and any locally used Filipino dialect;
- Size of the labeling material is at least 60 square cms;
- Text is in font size six (6) or bigger; and
- One labeling material is provided for each pack of prophylactic
The requirements in this Section shall apply one year after the date of effectivity of this IRR. In the case of condoms supplied by donors, the receiving agency shall be responsible for meeting the said requirements.
- Date of expiry and date of manufacture;
- Statement that "sexual abstinence and mutual fidelity are effective strategies for the prevention of HIV/AIDS and STDs";
- The statement "When used properly, the use of a condom is a highly effective method of preventing most sexually transmitted diseases";
- Instructions on the proper use of a condom;
- Simple illustration that shows clearly the steps in the correct use of a condom;
- Advice against the use of non-water-based lubricants like baby oil or petrolatum jelly; and
- Advice that each condom is used only once
Section 20. Forms of Misleading Information
Misleading information may take the form of false or deceptive advertisements. Further, it is misleading information when the presentation fails to reveal facts material to such presentation or the possible outcomes of using the products and/or services being advertised.
Information shall be deemed misleading if:
Violations of this specific Section shall be punishable with a penalty of imprisonment for two (2) months to two (2) years. The same shall be without prejudice to the imposition of administrative sanctions or the suspension or revocation of the professional or business license.
- Advertisement of the benefits or use of non-prescription drugs, devices and treatments does not comply with the specifications on indications and labeling as approved by the Bureau of Food and Drugs (BFAD);
- Advertisement offers false hopes in the form of a temporary or permanent cure or relief; and
- Reference to laboratory data, statistics and/or scientific terms used in the advertisement or packaging comes from doubtful sources or is not quoted accurately