On December 20 of last year, President Rodrigo Duterte signed Republic Act (RA) 11166 or the Philippine HIV and AIDS Policy Act into law, effectively repealing RA 8504 or the Philippine AIDS Prevention and Control Act of 1998.
Under the new law, the government will implement a multi-sectoral approach in addressing the spread of the virus, as well as punishing those who discriminate against individuals positive with human immunodeficiency virus (HIV).
A much needed update
One of the major changes called for by the new law is the removal of the provision that requires parental consent for late adolescents to take an HIV test, a requirement that was imposed by RA 8504. Under Article IV, Section 26 of RA 11166, minors aged 15 to 18 years old can now undergo testing without consent from a parent or guardian.
Dr. Bien Nillos, a professor at the Behavior Sciences Department who had also previously served as Doctor to the Barrios with distinction, welcomes the removal of the requirement, considering it as a positive step in recognizing improved ways of dealing with the disease.
According to him, this change opens opportunities for teenagers as the need for consent has been identified as a “social obstacle” in the past. “We know based on statistics that a lot of HIV cases are getting younger and younger. The youngest I think was 11 or 12 years old who turned out to be positive,” Nillos says.
The Philippine National AIDS Council is also officially reformed under the new law to ensure the effectiveness of policies designed to help stop the spread of HIV and acute immunodeficiency syndrom (AIDS). The agency will be in charge of the AIDS Medium Term Plan, which is intended to keep the crisis in check over a six-year period.
Nillos notes, however, that the success of the new law will largely depend on its implementation, which falls on the hands of local government units. “A lot of the testing are [currently] in identified HIV/AIDS Centers, which are basically lodged in the regional hospitals. Wala pang masyado sa mga frontlines na health systems—the rural health units—or the city [or municipal] health office,” he explains.
(There isn’t much at the frontlines in terms of health systems—the rural health units—or the city [or municipal] health offices.)
A growing concern
The passing of the law has come at an opportune time; despite medical advancements and increasing accessibility in the treatment of HIV, the Philippines has surprisingly seen an increase in reported cases over the past few years. Reports from the Joint United Nations Programme on HIV and AIDS has tagged the Philippines as the country with the fastest growing HIV epidemic in the Asia-Pacific region from 2010 to 2016.
The Department of Health (DOH), meanwhile, reported 945 new HIV cases as of November last year, while the latest tally for 2018 is pegged at 10,550 cases. There has been a total of 61,152 HIV cases reported in the country ever since the government began tracking the epidemic in 1984—57,235 of them were male.
However, Nillos suggests that the increasing number of cases may not really indicate an increase of those getting infected. Instead, it could mean that, unlike years before, people now are more willing to have themselves checked for the virus.
“If we started looking for them maybe 20 years ago—maybe for all you know the numbers are just plateauing. Baka matagal na tayong mataas, pero ngayon lang siya na-rereport because of either self-reporting or active surveillance,” he elaborates.
(Perhaps we’ve had a high number of cases even back then, but they are only being reported now because of either self-reporting or active surveillance.)
He emphasizes the important role that the government and non-governmental organizations (NGO) play in curtailing the number of HIV—positive individuals, either through providing free testing services such as those from LoveYourself, an NGO that focuses on raising HIV awareness, or through the distribution of antiretroviral medications such as those from DOH.
Students’ view
Sandro Borgaily (VI, BS-PSYC) shares his hopes that the law would make the treatment of HIV and AIDS even more accessible, adding that he expects its passing would result in the opening of more testing centers that provide free check ups.
Alex Monasterial (IV, PSM-MKT) notes that the issue around HIV also tends to intersect with LGBTQ+ issues and hopes that this will open doors for better understanding of the community. “I believe it’s a good stepping stone in becoming a progressive country. The Philippines needs more awareness about pressing issues, especially those concerning SOGIE (Sexual Orientation and Gender Identity and Expression) [Equality Bill],” she adds.
Gabby Cabodil (V, AB-OCM), who currently works with Metro Manila Pride, also celebrates the passage of the bill, as her organization advocates for the awareness of the sexually-transmitted disease. “I highlight the need of screening for sexually transmitted infections (STIs) and the need to see it as an issue of health. A lot of teens in the country are sexually active, whether we like it or not,” she shares.
Borgaily also places emphasis on ensuring that ordinary citizens have access to treatment and diagnosis, which he believes the new law will help stimulate. “Like with cancer [where] you need to do chemotherapy and take medication—there is a lot of maintenance. The same goes with HIV. You have to take certain drugs [and] you have to undergo certain treatments,” he explains.
Reducing the stigma
Stigma against HIV-positive individuals has made it difficult to identify those who need it most, as those infected with the disease would refuse to report their illness. Nillos points to the lack of discussion on the topic as one source of the stigma, which he believes is a result of upbringing on the part of elders.
“The educators, both at home and at school, were educated by a different generation…We don’t talk about sex over dinner with the family, with your mom, or with your dad. It’s a ‘cringeworthy’ moment when you bring it up,” he cites. Nonetheless, he pushes for open conversations among individuals on the topic, especially for policymakers so that these discussions can translate into actions that benefit society.
Cabodil, on the other hand, stresses the need for the government to significantly improve the quality of healthcare infrastructure, as she believes the current abysmal state of health services for HIV and AIDS is a reflection of the ongoing stigma against sexual health.
“I was exposed to the harsh reality of the country’s health services [visiting the city public testing center]…instructions for the screening [are unclear], the contact numbers either do not work or those who answer do not give instructions at all. We still have a long way to go,” she narrates.
