Law Summary
Key Definitions
- Organ Bank Storage Facility: Licensed facility for storing human bodies or parts.
- Decedent: Deceased individual including stillborn infant or fetus.
- Testator: Individual making a legacy of body parts.
- Donor: Person authorized to donate body parts.
- Hospital: Licensed or government-operated health institution.
- Part: Includes organs, tissues, eyes, bones, arteries, blood, and fluids.
- Person: Covers individuals, entities, government bodies, and corporations.
- Physician/Surgeon: Licensed medical practitioners.
- Immediate Family: Defined per Section 4(a).
- Death: Irreversible cessation of circulatory/respiratory or entire brain function, determinable by qualified physicians.
Persons Who May Execute Legacy or Donation
- Legacy: Any individual 18 or older and of sound mind may bequeath body parts after death.
- Donation: Priority given to spouse, adult children, parents, siblings, or legal guardian in absence of contrary intent.
- Donations can occur before or after death.
Examination and Autopsy Procedures
- Legacy or donation permits necessary medical examinations to verify suitability.
- Autopsies mandatory for medico-legal cases to identify usable organs.
Eligible Legatees and Donees
- Hospitals, medical/dental schools, and organ banks for education, research, therapy, or transplantation.
- Specified individuals needing therapy or transplantation may also be recipients.
Hospital Responsibilities
- Hospitals must train personnel to sensitively communicate organ donation to families.
- Documentation of training and compliance is required.
Execution of Legacy
- Legacy by will becomes effective upon death without requiring probate.
- Illegal wills do not invalidate good faith legacies.
- Legacies may be documented in signed papers witnessed by two persons.
- Physical delivery of documents during lifetime not required.
- Physician may accept legacy if no specified legatee present, prohibiting physician involvement in organ removal.
- Testators may designate preferred surgeons/physicians.
Execution of Donation
- Donations follow movable property formalities.
- In absence of authorized persons, hospital officials may authorize organ removal from medico-legal deceased after efforts to locate family.
- Death certification by two independent qualified physicians not involved in organ removal or transplantation is required.
Authorization for Organ Removal
- Only authorized medical practitioners in hospitals may perform removal and transplantation.
Delivery and Custody of Legacy/Donation Documents
- Documents or copies may be delivered or deposited in hospitals or organ banks.
- Must be made available for verification upon request after death.
Amendment and Revocation
- Legacies/donations can be amended/revoked by signed statements, oral statements before witnesses, during terminal illness, or destruction of documents.
- Delivery of revocation to legatee/donee required if document already delivered.
Rights and Duties Post-Death
- Legatee/donee may accept or reject legacy/donation.
- Removal of body parts occurs before embalming minimizing mutilation.
- Custody of remaining body passes to surviving family or legally responsible persons.
- Good faith compliant persons immune from civil/criminal liability.
International Organ Sharing
- Only through exchange programs approved by Department of Health.
- Reciprocal rights for foreign and Philippine organ banks required.
Public Information Program
- Department of Health to conduct educational campaigns with partners to promote organ donation.
- Health professionals encouraged to advocate donation.
Implementing Rules and Regulations
- Secretary of Health empowered to promulgate necessary rules after consultations.
Repealing, Separability, and Effectivity
- Inconsistent laws repealed or amended.
- Invalid provisions do not affect rest of the law.
- Law effective fifteen days post-publication in official or general circulation publications.