Question & AnswerQ&A (Republic Act No. 7170)
The official title of Republic Act No. 7170 is the "Organ Donation Act of 1991."
Any individual at least eighteen (18) years of age and of sound mind may execute a legacy giving all or part of his body for specified purposes after death.
'Donor' refers to an individual authorized under this Act to donate all or part of the body of a decedent. 'Testator' refers to an individual who makes a legacy of all or part of his body.
The persons authorized in order of priority are: the spouse; son or daughter of legal age; either parent; brother or sister of legal age; or guardian over the person of the decedent at the time of death.
Death is the irreversible cessation of circulatory and respiratory functions or the irreversible cessation of all brain functions, including the brain stem, diagnosed separately by two qualified physicians.
Permitted purposes include medical or dental education, research, advancement of medical or dental science, therapy, and transplantation.
The legacy may be made by will and becomes effective upon the death of the testator without waiting for probate. It remains valid even if the will is not probated or declared invalid, to the extent executed in good faith.
It may be made in any signed document other than a will, witnessed by two persons, and need not be delivered during the testator's lifetime to be valid.
Only authorized medical practitioners in a hospital are authorized to remove and/or transplant any organ pursuant to the law.
Death must be certified by two qualified physicians not involved in the removal or transplantation procedures, and reasonable efforts must be made to locate the nearest relative within forty-eight hours before organ removal in medico-legal cases.
Hospitals must train qualified personnel and staff to introduce organ donation programs humanely and accomplish forms as proof of compliance.
Yes, it can be amended or revoked by a signed statement, oral statement before witnesses, statement during terminal illness to attending physician, or signed card, and if not delivered to legatee/donee, it may be revoked by destruction or cancellation of the document.
The legatee or donee may accept or reject the legacy or donation as provided in the Act.
Any person acting in good faith according to the Act shall not be liable for damages in civil actions or be subject to criminal prosecution.
The Department of Health shall undertake an information drive to maximize organ donation benefits, encourage health professionals to promote donation, and promulgate implementing rules and regulations after consultation with stakeholders.
The order is spouse, son or daughter of legal age, either parent, brother or sister of legal age, and guardian over the decedent at time of death.
The document serves as proof of the testator's or donor's intention and binding obligation on heirs and others, and may be deposited in hospitals or organ banks for safekeeping.
Custody vests in the surviving spouse, next of kin, or other persons obligated to dispose of the body after removal, which should avoid unnecessary mutilation.