Leave me alone: A study on the constitutionality of the Philippine AIDS Prevention and Control Act of 1998

• Main Authors: Nuguid, Alexis John N., Generalao, Leo Lorenz D.
• Format: text
• Language: English
• Published: Animo Repository 2014
• Subjects: HIV infections > Diagnosis > Law and legislation > Philippines; AIDS (Disease) > Diagnosis > Law and legislation > Philippines; Health Law and Policy; Medical Jurisprudence
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/5641
• Institution: De La Salle University

Republic Act 8504 provides for a mandate against compulsory HIV testing. However, like any other law, it does not come without any exceptions. One of the exceptions to the prohibition against mandatory HIV testing is the testing of possible sexual offenders. Under Article III, Section 17 (a) of R.A. 8504, persons who are charged with either rape, administering injurious substances, simple or qualified seduction may be compelled to undergo compulsory HIV testing. In correlation to R.A. 8594, the Anti-Rape Law of 1997 further provides that, if a person commits the crime fo rape and has the knowledge that he/she is positive of HIV, it is an aggravating circumstance.Mandatory HIV testing of persons charged with offenses which are likely to transmit HIV is not only present here in the Philippines but also is prevalent in other parts of the world. Many foreign authors have already questioned the validity of the testing under their respective laws. Thus, the researchers opted to test the validity of mandatory HIV testing of persons charged with sexual offenses taking into consideration the arguments of foreign authors using Philippine laws and jurisprudence as parameters.This study examined whether the exception to the prohibition against mandatory HIV testing violates the person's right against self-incrimination and the right to privacy provided under the 1987 Philippine Constitution. The researchers answered the question of constitutionality by weighing the interest of the state as against to the person being implicated.