Question & AnswerQ&A (Republic Act No. 7885)
The main purpose of Republic Act No. 7885 is to advance corneal transplantation in the Philippines by amending Republic Act No. 7170, otherwise known as the Organ Donation Act of 1991.
A donation by an authorized person shall be sufficient if it complies with the formalities of a donation of movable property. In absence of authorized persons or any document of organ donation, certain hospital authorities may authorize removal of organs from deceased classified as accident or medico-legal cases under specified conditions.
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 medico-legal case may authorize removal under a public document after exerting reasonable efforts to contact nearest relatives within 48 hours.
Corneas may be removed within 12 hours after death upon request of qualified legatees or donees for transplantation purposes, provided it does not interfere with investigations or alter the post-mortem facial appearance, such as by placing eye caps after removal.
Death must be diagnosed separately and certified by two qualified physicians who are not part of the medical practitioners removing the organ, not attending the recipient, and not the head or designated officer authorizing removal.
The Secretary of Health is mandated to amend the implementing rules and regulations of Republic Act No. 7170 to make it consistent with the provisions of this Act in consultation with professional health groups and NGOs.
All other laws, decrees, executive orders, administrative orders, rules, and regulations or parts thereof which are inconsistent with this Act are repealed, amended, or modified accordingly.
The separability clause declares that if any provision is declared unconstitutional, the other provisions not affected shall remain in force and effect.
The Act took effect upon its approval on February 20, 1995.