Question & AnswerQ&A (MANILA CITY ORDICE NO. 8349)
The ordinance is officially titled as the 'City of Manila's STI, HIV and AIDS Prevention and Control Ordinance of 2013.'
The Ordinance applies to all natural and juridical persons within the jurisdiction of the City of Manila, including business establishments that provide entertainment such as bars, nightclubs, massage clinics, and freelance workers engaged in similar work.
The CMAC is composed of the City Mayor as Chairman, City Health Officer as Co-Chairman, and members including the Chairman of the Committee on Health, City Council, various city officers from departments such as Social Welfare, DILG, Budget, Planning and Development, Education, Police, Tourism, and representatives from government accredited NGOs involved in STI, HIV, and AIDS programs.
The CMAC formulates policies and strategies for STI, HIV, and AIDS prevention and control; prepares plans; monitors program implementation; mandates participation of establishments; promotes public education; recommends ordinances; monitors cases; assists in funding; represents the city in related conferences; and other functions related to STI, HIV and AIDS prevention and control.
Compulsory HIV testing is unlawful unless otherwise provided by law. However, voluntary HIV testing may be offered to any person willing and who has given express consent to undergo the test, consistent with Republic Act 8504.
Discrimination in any form based on actual, perceived, or suspected HIV status in the workplace (including hiring, promotion, termination) and in educational institutions (admission, expulsion, services) is prohibited. Also, restriction of freedom of abode, lodging, or travel of persons with HIV is forbidden.
First offense: Fine of PhP 3,000 and/or imprisonment up to 4 months and/or 4 months suspension of permit to operate; Second offense: Fine of PhP 4,000 and/or imprisonment up to 6 months and/or 6 months suspension; Third offense: Fine of PhP 5,000 and/or imprisonment up to 1 year and/or permanent closure of the business establishment.
Operators/managers, entertainers, massage therapists of such establishments must attend STI, HIV and AIDS prevention seminars conducted by the City Health Office and obtain a certificate of attendance. Establishments must also ensure bi-annual STI screening and health cards for entertainers and related workers to operate legally.
The Ordinance guarantees the right to privacy and confidentiality of persons with HIV, requiring health professionals and custodians of medical records to strictly observe confidentiality. Exceptions are limited to treatment-related disclosures, court orders, and ethical research conditions as provided by law.
The Ordinance mandates that all women and their partners receive education on STI, HIV and AIDS including PMTCT and availability of voluntary HIV testing. Pregnant women who test positive shall be referred to treatment hubs for antiretroviral prophylaxis and care.