Definitions
- Terms such as AIDS, HIV, cruising sites, entertainment establishments, freelance sex worker, minor/child, peer educator, prophylactic, reproductive health, serological surveillance, STI, HIV, and AIDS education, and prevention and control are clearly defined to provide legal clarity.
City of Manila AIDS Council (CMAC)
- CMAC is the central advisory, planning, and policy-making body on STI, HIV, and AIDS prevention and control in Manila.
- Composed of several city officials and representatives from government-accredited NGOs.
- Functions include policy formulation, monitoring, mandating participation of entertainment establishments, public information dissemination, recommending ordinances, sanctioning violations, sourcing funds, representing Manila in forums, monitoring cases, and more.
- Meetings must be held at least quarterly with a majority quorum.
- The Secretariat at the Manila Health Department supports CMAC operations.
- Council members receive honoraria for meetings attended.
STI, HIV, and AIDS Education, Prevention, and Control
- Regular and timely education is mandated, focusing on human rights, transmission, prevention, treatment, and support.
- The City Health Office Division of Sanitation and Social Hygiene Clinic, CMAC, and accredited NGOs must conduct seminars and be accessible for education purposes.
- At least ten peer educators per legislative district must be designated.
- All establishments must formulate workplace policies on handling STI, HIV, and AIDS cases, aligned with national laws and guidelines.
- Compulsory HIV testing is prohibited; voluntary testing with consent is allowed.
- CMAC shall establish monitoring and health surveillance programs consistent with national laws and international goals.
- Establishments must ensure accessibility of prophylactics and educational materials.
- Prevention of Mother to Child Transmission (PMTCT) programs and voluntary testing for pregnant women are mandated.
- Basic healthcare and support services must be accessible for persons living with these infections.
Right to Privacy and Confidentiality
- Confidentiality of HIV status and related information is strictly protected.
- Disclosure of medical information is limited to specific lawful exceptions, including health workers involved in care, court orders, and ethical research.
- Release of test results is restricted to the tested individual, certain legal guardians, authorized health offices, and courts.
- All health institutions are required to report cases to the Manila Health Department while maintaining confidentiality.
- Persons diagnosed HIV positive must disclose their status to spouses or sexual partners in due time.
Mandatory STI, HIV, and AIDS Education and Work Pre-requisites for Entertainment Establishments
- Operators, managers, entertainers, masseuses, and similar workers in entertainment establishments must attend STI, HIV, and AIDS prevention seminars conducted by the City Health Office.
- CMAC maintains a roster of these establishments and monitors compliance.
- Bi-annual STI screenings are required for all entertainers and similar workers, with health cards issued as proof.
Prohibited Acts and Practices
- Discrimination in the workplace and educational institutions based on HIV status is prohibited.
- Employment of persons below 18 years old in entertainment establishments is banned.
- Restrictions on travel, abode, or deportation based on HIV status are prohibited.
- Disclosure of HIV status without consent is prohibited except under the law.
- Failure to comply with mandatory education and work pre-requisites bars operation and permit issuance for establishments and persons.
Penalty Provisions
- Violations are penalized progressively: fines, imprisonment, and suspension or permanent closure of the business establishment.
- Non-compliance affects business permit issuance and may lead to civil/criminal charges.
Final Provisions
- May is declared AIDS Awareness Month; December 1 is commemorated as World AIDS Day.
- Initial appropriation of Php 2,000,000 for the operation of CMAC, with annual increases.
- CMAC must formulate implementing rules within three months of ordinance approval.
- Unconstitutional provisions are severable without affecting the remainder of the ordinance.
- Previous inconsistent ordinances or orders are repealed or modified accordingly.
- The ordinance takes effect 15 days after publication in a newspaper of general circulation.