R.A.
7170
“An act authorizing the legacy or donation of all or part human body after for specified purposes.”
ORGAN DONATION ACT OF 1991
SEC. 3: PERSON WHO MAY EXECUTE A LEGACY OR MAY QUALIFIED AS TISSUE OR
ORGAN DONOR?
-Any individual, at least eighteen (18) years of age and of sound mind, may give by way of legacy, to
take effect after his death, all or part of his body for any specified in section 6 hereof.
- Minors (with the consent of the parents).
SEC. 4: WHO MAY EXECUTE A DONATION?
a. Any of the following, person, in the order of property stated hereunder:
1. Spouse
2. Son or Daughter of Legal Age
3. Either Parent
4. Brother or Sister of legal age; or
5. Guardian over the person of the Decedent at the time of his death.
b. The persons authorized may make the donation after or immediately before death.
SEC. 6: PERSONS WHO MAY BECOME LEGATEES OR DONEES.
a. Any hospital, physician, or surgeon. (ex. Human Organ Preservation Effort (HOPE) by the
National Kidney and Transplant Institute (NKTI));
b. Any accredited medical or dental school, college or university.
c. Any organ bank storage facility.
d. Any Specified individual.
SEC. 8: MANNER OF EXECUTING A LEGACY.
a. By will;
b. Or any document other than a will;
c. May be made to a specified legatee or without specifying a legatee;
d. The testator may designate in his will, card or other document, the surgeon or physician who
will carry out the appropriate procedures.
SEC. 9: MANNER OF EXECUTING A DONATION.
Any donation by a person authorized under subsection of subsection (a) of section 4 shall be
sufficient if it complies with the formalities of a donation of a movable property.
a. With simultaneous delivery of property donated: i. for P 5,000 or less -‐ may be oral/written ii. for
more than P 5,000 – written in public or private document
b. Without simultaneous delivery:
The donation and acceptance must be written in a public or private instrument (Statute of Frauds),
regardless of value. Otherwise, donation is unenforceable.
SEC. 11: DELIVERY OF DOCUMENT OF LEGACY OR DONATION.
- May be delivered by the testator or donor, or is authorized representative, to the legatee or done
to expedite the appropriate procedures after death.
SEC. 12 AMENDMENT OR REVOCATION OF LEGACY OR DONATION.
a. The testator or donor may amend or revoke the legacy or donation either by:
1. Execution and delivery to the legatee or done of a signed statement to that effect; or
2. An oral statement to that effect made I the presence of two other persons and communicated
to the legatee or done; or
3. A statement to that effect during a terminal illness;
4. A signed card or document.
b. Any will, card or other document, or an executed copy may be revoked by the testator or donor
in the manner provided in subsection (a) or by destruction, cancellation or mutilation of the
document and all executed copies thereof and any amendment or revocation of wills as provided
in subsection (a).
SEC. 13: RIGHTS AND DUTIES AFTER DEATH.
a. The legatee or done may accept or reject the legacy or donation as the case may be.
b. Any person who acts in good faith in accordance with the terms of this act shall not be liable in any
civil action or subject to prosecution in any criminal proceeding of this act.
SEC. 14: INTERNATIONAL SHARING OF HUMAN ORGANS OR TISSUES.
Sharing of human organs or tissues shall be made only through exchange programs duly approved
by the Department of Health: Provided, that foreign organ or tissue bank storage facilities and similar
establishments grant reciprocal rights to their Philippine counter parts to draw organs or tissues at any
time.
Senate Bill (SB) 2096, to be known as “Organ Donation Act of 2018,”
- a bill providing for an “opt-out” system of organ donation and transplantation.
- Philippine Society of Nephrology recommends that schools and universities should be encouraged or even required
to include in their curriculum the topic of deceased organ as a moral duty of every Filipino citizen.
- the Eye Bank Foundation of the Philippines (EBFP), also supported the principle of the “Opt-out” or “presumed
consent” system of organ and tissue donation.
- The bill states any person who objects to the removal of any part or organ from his body after his death may
register his objection, in respect of that organ, with the Department of Health – Philippine Network for Organ
Sharing (PhilNOS), which may be done through the National Registry or local registries which shall be established
in each region.
