by reading the text above answer the question What is compulsory HIV Testing? When is it allowed? Provide your legal basis or justification. limit answer into 4 to 6 sentences only

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by reading the text above answer the question What is compulsory HIV Testing? When is it allowed? Provide your legal basis or justification. limit answer into 4 to 6 sentences only

174 Recitals in Medical Technology Laws and Bioethics a
a. Under the aforementioned crimes, the offender may be compelled to
undergo HIV testing, especially when the HIV status of the offender is vital
in establishing the existence of the crime and determining the offender's
criminal liability.
2010
b. In the crimes of rape and seduction, sexual intercourse is an element. Thus,
if the offender is HIV positive and the victim was afflicted through sexual
intercourse, then the crimes will be catapulted in their qualified form.
c. In the case of physical injuries, the crime is committed by introducing or
administering an injurious substance which may result to serious physical
injury. The term injurious substance is broad enough to include those
containing HIV, which is potentially deleterious to the human body and is
819
incurable.
1902397
2. When it is necessary to resolve relevant issues under E.O. No. 209, otherwise
known as The Family Code of the Philippines
• As an example, under E.O. No. 209, affliction of sexually transmitted
disease245 like HIV may be a ground for the annulment of marriage.
Concealment of sexually transmissible disease, regardless of its nature,
existing at the time of marriage constitutes fraud.246 Consent to contract
marriage obtained through fraud is a ground for Annulment of
Marriage. 247
PER
3. As a prerequisite in the donation of blood in compliance with the provisions of
R.A. No. 7170, the Organ Donation Act of 1991, and R.A. No. 7719, the National
Blood Services Act of 1994
18 ATO
• HIV testing for donated blood under R.A. No. 7170 and R.A. No. 7719
is compulsory in nature. The law requires that all donated blood must
implication of law.249
gandist
be tested for HIV248 and the consent of the donor is deemed given by
gmo
What is HIV counseling?
HIV counseling refers to the interpersonal and dynamic communication process
between a client and a trained counselor. The counselor bound by a code of ethics and
practice to resolve personal, social, or psychological problems and difficulties, and
whose objective in counseling, in the context of an HIV diagnosis, is to encourage
the
person to another as a result of sexual contact.
245 Sexually transmitted infections (STIS) refers to infections that are spread through the transfer of organisms from one
246 Article 46 of "The Family Code of the Philippines"
247 Article 45 of "The Family Code of the Philippines"
248 Section 26 (b) of R.A. No. 11166
249 Section 27 of R.A. No. 11166
Transcribed Image Text:174 Recitals in Medical Technology Laws and Bioethics a a. Under the aforementioned crimes, the offender may be compelled to undergo HIV testing, especially when the HIV status of the offender is vital in establishing the existence of the crime and determining the offender's criminal liability. 2010 b. In the crimes of rape and seduction, sexual intercourse is an element. Thus, if the offender is HIV positive and the victim was afflicted through sexual intercourse, then the crimes will be catapulted in their qualified form. c. In the case of physical injuries, the crime is committed by introducing or administering an injurious substance which may result to serious physical injury. The term injurious substance is broad enough to include those containing HIV, which is potentially deleterious to the human body and is 819 incurable. 1902397 2. When it is necessary to resolve relevant issues under E.O. No. 209, otherwise known as The Family Code of the Philippines • As an example, under E.O. No. 209, affliction of sexually transmitted disease245 like HIV may be a ground for the annulment of marriage. Concealment of sexually transmissible disease, regardless of its nature, existing at the time of marriage constitutes fraud.246 Consent to contract marriage obtained through fraud is a ground for Annulment of Marriage. 247 PER 3. As a prerequisite in the donation of blood in compliance with the provisions of R.A. No. 7170, the Organ Donation Act of 1991, and R.A. No. 7719, the National Blood Services Act of 1994 18 ATO • HIV testing for donated blood under R.A. No. 7170 and R.A. No. 7719 is compulsory in nature. The law requires that all donated blood must implication of law.249 gandist be tested for HIV248 and the consent of the donor is deemed given by gmo What is HIV counseling? HIV counseling refers to the interpersonal and dynamic communication process between a client and a trained counselor. The counselor bound by a code of ethics and practice to resolve personal, social, or psychological problems and difficulties, and whose objective in counseling, in the context of an HIV diagnosis, is to encourage the person to another as a result of sexual contact. 245 Sexually transmitted infections (STIS) refers to infections that are spread through the transfer of organisms from one 246 Article 46 of "The Family Code of the Philippines" 247 Article 45 of "The Family Code of the Philippines" 248 Section 26 (b) of R.A. No. 11166 249 Section 27 of R.A. No. 11166
The "Philippine HIV and AIDS Policy Act" and Its Implementing Rules and Regulations 173.
What is compulsory HIV testing?
Compulsory HIV testing refers to HIV testing imposed upon an individual that
is characterized by lack of consent, use of force or intimidation, the use of testing as a
informed choice is absent.
prerequisite for employment, or other purposes, and other circumstances when an
What is the rule regarding compulsory HIV testing?
As a general rule, compulsory HIV testing is prohibited by law.
following instances:
As an exception to the general rule, compulsory HIV shall be allowed only in the
1. When it is necessary to test a person who is charged with any of the offenses
punishable under Articles 264 and 266 on serious and slight physical injuries,
and Article 335 and 338 on rape and simple seduction, both of Act No. 3815
or The Revised Penal Code, as amended, and as also amended by R.A. No. 8553,
otherwise known as The Anti-Rape Law of 1997
2. When it is necessary to resolve relevant issues under E.O. No. 209, The Family
Code of the Philippines
10 m
023
3. As a prerequisite in the donation of blood in compliance with the provisions of
R.A. No. 7170, Organ Donation Act of 1991, and R.A. No. 7719, the National Blood
Services Act of 1994
NOTA BENE
The non-compulsory nature of HIV testing and HIV-related testing243 shall always
be guaranteed and protected by the government. This being the case, any person who
compels someone to undergo HIV testing without his/her consent is considered a
criminal act.244
As a general rule, compulsory HIV testing is prohibited. This prohibition is not
absolute.
teriW
By way of exception, compulsory HIV testing shall be allowed only under the
following circumstances:
1. When it is necessary to test a person who is charged with any of the offenses
punishable under Articles 264 and 266 on serious and slight physical injuries,
and Articles 335 and 338 on rape and simple seduction, both of Act No. 3815 or
the The Revised Penal Code, as amended, and as also amended by R.A. No. 8553,
The Anti-Rape Law of 1997
243 HIV-related testing refers to any laboratory testing or procedure done or an individual in relation to a person's HIV
condition.
244 See Section 50(c)
Transcribed Image Text:The "Philippine HIV and AIDS Policy Act" and Its Implementing Rules and Regulations 173. What is compulsory HIV testing? Compulsory HIV testing refers to HIV testing imposed upon an individual that is characterized by lack of consent, use of force or intimidation, the use of testing as a informed choice is absent. prerequisite for employment, or other purposes, and other circumstances when an What is the rule regarding compulsory HIV testing? As a general rule, compulsory HIV testing is prohibited by law. following instances: As an exception to the general rule, compulsory HIV shall be allowed only in the 1. When it is necessary to test a person who is charged with any of the offenses punishable under Articles 264 and 266 on serious and slight physical injuries, and Article 335 and 338 on rape and simple seduction, both of Act No. 3815 or The Revised Penal Code, as amended, and as also amended by R.A. No. 8553, otherwise known as The Anti-Rape Law of 1997 2. When it is necessary to resolve relevant issues under E.O. No. 209, The Family Code of the Philippines 10 m 023 3. As a prerequisite in the donation of blood in compliance with the provisions of R.A. No. 7170, Organ Donation Act of 1991, and R.A. No. 7719, the National Blood Services Act of 1994 NOTA BENE The non-compulsory nature of HIV testing and HIV-related testing243 shall always be guaranteed and protected by the government. This being the case, any person who compels someone to undergo HIV testing without his/her consent is considered a criminal act.244 As a general rule, compulsory HIV testing is prohibited. This prohibition is not absolute. teriW By way of exception, compulsory HIV testing shall be allowed only under the following circumstances: 1. When it is necessary to test a person who is charged with any of the offenses punishable under Articles 264 and 266 on serious and slight physical injuries, and Articles 335 and 338 on rape and simple seduction, both of Act No. 3815 or the The Revised Penal Code, as amended, and as also amended by R.A. No. 8553, The Anti-Rape Law of 1997 243 HIV-related testing refers to any laboratory testing or procedure done or an individual in relation to a person's HIV condition. 244 See Section 50(c)
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