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RA-7170
Mtlbe
Far Eastern University
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ORGAN DONATION ACT OF 1991
“AN ACT AUTHORIZING THE LEGACY OR DONATION OF ALL OR PART OF A HUMAN BODY AFTER DEATH
FOR SPECIFIED PURPOSES”
SEC 2 Definition of Terms Organ Bank Storage Facility – a facility licensed, accredited or approved under the law for storage of human bodies or parts thereof. Decedent – a deceased individual, and includes a still-born infant or fetus. Testator – an individual who makes a legacy of all or part of his body. Donor – an individual authorized under this Act to donate all or part of the body of a decedent. Hospital – a hospital licensed, accredited or approved under the law, and includes a hospital operated by the Government. Part – includes transplantable organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of the human body. Person – an individual, corporation, estate, trust, partnership, association, the Government or any of its subdivisions, agencies or instrumentalities, including government-owned or - controlled corporations; or any other legal entity. “Physician” or “Surgeon” – a physician or surgeon licensed or authorized to practice medicine under the laws of the Republic of the Philippines. “Immediate Family” of the decedent – the persons enumerated in Section 4(a) of this Act. “Death” – the irreversible cessation of circulatory and respiratory functions or the irreversible cessation of all functions of the entire brain, including the brain stem.
SEC 3 Person Who May Execute A Legacy Any individual, at least eighteen (18) years of age and of sound mind, may give by way of legacy, to take effect after his death, all or part of his body for any purpose specified in Section 6 hereof. SEC 4 Person Who May Execute A Donation a) Any of the following persons, in the order of priority stated hereunder, in the absence of actual notice of contrary intentions by the decedent or actual notice of opposition by a member of the immediate family of the decedent, may donate all or any part of the decedent’s body for any purpose specified in Section 6 hereof: 1) Spouse; 2) Son or daughter of legal age; 3) Either parent; 4) Brother or sister of legal age; or 5) Guardian over the person of the decedent at the time of his death. b) The persons authorized by sub-section (a) of this section may make the donation after or immediately before death SEC 5 Examination of Human Body or Part Thereof A legacy or donation of all or part of a human body authorizes any examination necessary to assure medical acceptability of the legacy or donation for the purpose(s) intended.
SEC 8 Manner of Executing a Legacy a) Legacy of all or part of the human body under Section 3 hereof may be made by will. The legacy becomes effective upon the death of the testator without waiting for probate of the will. If the will is not probated, or if it is declared invalid for testamentary purposes, the legacy, to the extent that it was executed in good faith, is nevertheless valid and effective. b) A legacy of all or part of the human body under Section 3 hereof may also be made in any document other than a will. The legacy becomes effective upon death of the testator and shall be respected by and binding upon his executor or administrator, heirs, assigns, successors-in-interest and all members of the family. The document, which may be a card or any paper designed to be carried on a person, must be signed by the testator in the presence of two witnesses who must sign the document in his presence. If the testator cannot sign, the document may be signed for him at his discretion and in his presence, in the presence of two witnesses who must, likewise, sign the document in the presence of the testator. Delivery of the document of legacy during the testator’s lifetime is not necessary to make the legacy valid. c) The legacy may be made to a specified legatee or without specifying a legatee. If the legacy is made to a specified legatee who is not available at the time and place of the testator’s death, the attending physician or surgeon, in the absence of any expressed indication that the testator desired otherwise, may accept the legacy as legatee. If the legacy does not specify a legatee, the legacy may be accepted by the attending physician or surgeon as legatee upon or following the testator’s death. The physician who becomes a legatee under this subsection shall not participate in the procedures for removing or transplanting a part or parts of the body of the decedent. d) The testator may designate in his will, card or other document, the surgeon or physician who will carry out the appropriate procedures. In the absence of a designation, or if the designee is not available, the
legatee or other persons authorized to accept the legacy may authorize any surgeon or physician for the purpose. SEC 9 Manner of Executing a Donation Any donation by a person authorized under subsection (a) of Section 4 hereof shall be sufficient if it complies with the formalities of a donation of a movable property. In the absence of any of the persons specified under Section 4 hereof and in the absence of any document of organ donation, the physician in charge of the patient, the head of the hospital or a designated officer of the hospital who has custody of the body of the deceased classified as accident, trauma, or other medico-legal cases, may authorize in a public document the removal from such body for the purpose of transplantation of the organ to the body of a living person: Provided, That the physician, head of hospital or officer designated by the hospital for this purpose has exerted reasonable efforts, within forty-eight (48) hours, to locate the nearest relative listed in Section 4 hereof or guardian of the decedent at the time of death. In all donations, the death of a person from whose body an organ will be removed after his death for the purpose of transplantation to a living person, shall be diagnosed separately and certified by two (2) qualified physicians neither of whom should be: a) A member of the team of medical practitioners who will effect the removal of the organ from the body; nor b) The physician attending to the recipient of the organ to be removed; nor c) The head of hospital or the designated officer authorizing the removal of the organ.
- A signed card or document to that effect found on the person or effects of the testator or donor. b) Any will, card or other document, or an executed copy thereof, which has not been delivered to the legatee or donee may be revoked by the testator or donor in the manner provided in subsection (a) of this section or by destruction, cancellation or mutilation of the document and all executed copies thereof. Any legacy made by a will may also be amended or revoked in the manner provided for amendment or revocation of wills, or as provided in subsection (a) of this section SEC 13 Rights and Duties After Death a) The legatee or donee may accept or reject the legacy or donation as the case may be. If the legacy or donation is of a part of the body, the legatee or donee, upon the death of the testator and prior to embalming, shall effect the removal of the part, avoiding unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the surviving spouse, next of kin or other persons under obligation to dispose of the body of the decedent. b) Any person who acts in good faith in accordance with the terms of this Act shall not be liable for damages in any civil action or subject to prosecution in any criminal proceeding of this Act. SEC 14 International Sharing of Human Organs or Tissues Sharing of human organs or tissues shall be made only through exchange programs duly approved by the Department of Health: Provided, That foreign organ or tissue bank storage facilities and similar establishments grant reciprocal rights to their Philippine counterparts to draw human organs or tissues at any time.
SEC 15 Information Drive SEC 16 Rules and Regulations SEC 17 Repealing Clause SEC 18 Separability Clause SEC 19 Effectivity
RA-7170
Course: Mtlbe
University: Far Eastern University
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