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RA 7170 Organ Donation
Course: medtech laws and Bioethics (MTLB211)
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University: Our Lady of Fatima University
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REPUBLIC ACT NO. 7170
AN ACT AUTHORIZING THE LEGACY
OR DONATION OF ALL OR PART OF A
HUMAN BODY AFTER DEATH FOR
SPECIFIED PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
SECTION 1. Title. – This Act shall be known
as the “Organ Donation Act of 1991.”
SEC. 2. Definition of Terms. – As used in this
Act the following terms shall mean:
a) “Organ Bank Storage Facility” – a facility
licensed, accredited or approved under the law
for storage of human bodies or parts thereof.
b) “Decedent” – a deceased individual, and
includes a still-born infant or fetus.
c) “Testator” – an individual who makes a
legacy of all or part of his body.
d) “Donor” – an individual authorized under
this Act to donate all or part of the body of a
decedent.
e) “Hospital” – a hospital licensed, accredited
or approved under the law, and includes a
hospital operated by the Government.
f) “Part” – includes transplantable organs,
tissues, eyes, bones, arteries, blood, other
fluids and other portions of the human body.
g) “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.
h) “Physician” or “Surgeon” – a physician or
surgeon licensed or authorized to practice
medicine under the laws of the Republic of the
Philippines.
i) “Immediate Family” of the decedent – the
persons enumerated in Section 4(a) of this Act.
j) “Death” – the irreversible cessation of
circulatory and respiratory functions or the
irreversible cessation of all functions of the
entire brain, including the brain stem. A person
shall be medically and legally dead if either:
1) In the opinion of the attending physician,
based on the acceptable standards of medical
practice, there is an absence of natural
respiratory and cardiac functions and, attempts
at resuscitation would not be successful in
restoring those functions. In this case, death
shall be deemed to have occurred at the time
these functions ceased; or
2) In the opinion of the consulting physician,
concurred in by the attending physician, that on
the basis of acceptable standards of medical
practice, there is an irreversible cessation of all
brain functions; and considering the absence of
such functions, further attempts at resuscitation
or continued supportive maintenance would not
be successful in restoring such natural
functions. In this case, death shall be deemed
to have occurred at the time when these
conditions first appeared.
The death of the person shall be determined in
accordance with the acceptable standards of
medical practice and shall be diagnosed
separately by the attending physician and
another consulting physician, both of whom
must be appropriately qualified and suitably
experienced in the care of such patients. The
death shall be recorded in the patient’s medical
record.
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
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