Organ Donation Act of 1991

• The procedure of recovering viable organs from medically proclaimed dead persons
• Organs that can be donated

  • Lungs
  • Liver
  • Kidneys
  • Corneal transplant
  • Skin
  • Heart
  • Bone marrow
  • Other portions of the human body
• Most donated organs (in order)

  • Kidney
  • Liver
  • Heart
  • Lungs
  • Others (skin, pancreas, hand, small bowel, etc)
• Cornea


  • It has less blood vessels
  • It does not need suppressant
  • It does not need to detect the part
• There is a need of compatibility testing of organ's donor to recipient's body
• Under the new legislation, each individual can donate all or any part of his/her body by way of legacy or will
• Legacy


  • Something passed down from one generation to another
  • Wants to leave something behind (dead)
  • Can be a voluntary act or may be legally mandated through a will or testament
  • In the context of organ donation, can include the altruistic act of donating organs to save or improve the lives of others
• Donation


  • Giving something voluntarily (alive) to someone else, often without expecting anything in return
  • Intended to save or improve the lives of others who are in need of organ transplantation
  • Involves the voluntary act of giving organs, tissues, or body parts for transplantation
• Both legacy and donation involve voluntary action and have the potential to benefit others, with lasting impact by extending recipient's lives and improving their quality of life
• Republic Act No. 7170 is known as the "Organ Donation Act of 1991"
• Date of Approval of Republic Act No. 7170


  January 2, 1992
• President of the Philippines who signed Republic Act No. 7170: Corazon C. Aquino
• Republic Act No. 7170 was passed by the Congress of the Philippines as SB No. 76 and House Bill No. 11281 during the 5th Regular Session
• Organ Bank Storage Facility


  A facility licensed, accredited or approved under the law for storage of human bodies or parts thereof
• Decedent


  A deceased individual, and includes a still-born infant or fetus
• Testator


  An individual who makes a legacy of all or part of his body
• Donor


  An individual authorized under this Act to donate all or part of the body of a decedent
• Hospital


  A hospital licensed, accredited or approved under the law, and includes a hospital operated by the Government
• Part


  Includes transplantable organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of the human body
• Person


  An individual, corporation, estate, trust, partnership, association, the Government or any of its subdivisions, agencies or instrumentalities, including government-owned or -controlled corporations; or any other legal entity
• Physician or Surgeon


  A physician or surgeon licensed or authorized to practice medicine under the laws of the Republic of the Philippines
• Immediate Family of the decedent

  The persons enumerated in Section 4(a) of this Act
• Death


  The irreversible cessation of circulatory and respiratory functions or the irreversible cessation of all functions of the entire brain, including the brain stem
• A person shall be medically and legally dead if either: 1) In the opinion of the attending physician, based on the acceptable standards of medical practice, there is an absence of natural respiratory and cardiac functions and attempts at resuscitation would not be successful in restoring those functions; or 2) In the opinion of the consulting physician, concurred in by the attending physician, that on the basis of acceptable standards of medical practice, there is an irreversible cessation of all brain functions, and considering the absence of such functions, further attempts at resuscitation or continued supportive maintenance would not be successful in restoring such natural functions
• The death of the person shall be determined in accordance with the acceptable standards of medical practice and shall be diagnosed separately by the attending physician and another consulting physician, both of whom must be appropriately qualified and suitably experienced in the care of such patients
• Person Who May Execute A Legacy

  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 purpose specified in Section 6 hereof
• Persons Who May Execute a Donation (in order of priority)

  • Spouse
  • Son or daughter of legal age
  • Either parent
  • Brother or sister of legal age
  • Guardian over the person of the decedent at the time of his death
• The persons authorized to execute a donation may make the donation after or immediately before death
• A legacy or donation of all or part of a human body authorizes any examination necessary to assure medical acceptability of the legacy or donation for the purpose(s) intended
• An autopsy shall be conducted on the cadaver of accident, trauma, or other medico-legal cases immediately after the pronouncement of death, to determine qualified and healthy human organs for transplantation and/or in furtherance of medical science
• Persons Who May Become Legatees or Donees

  • Any hospital, physician or surgeon - For medical or dental education, research, advancement of medical or dental science, therapy or transplantation
  • Any accredited medical or dental school, college or university - For education, research, advancement of medical or dental science, or therapy
  • Any organ bank storage facility - For medical or dental education, research, therapy, or transplantation
  • Any specified individual - For therapy or transplantation needed by him
• A hospital authorized to receive organ donations or to conduct transplantation shall train qualified personnel and their staff to handle the task of introducing the organ donation program in a humane and delicate manner to the relatives of the donor-decedent
• Manner of Executing a Legacy

  1. Legacy may be made by will

  2. Legacy may be made in any document other than a will, signed by the testator in the presence of two witnesses

  3. Legacy may be made to a specified legatee or without specifying a legatee
• Executing a donation


  Comply with the formalities of a donation of a movable property
• Authorizing removal of organ in absence of donation document

  1. Physician in charge, head of hospital or designated officer authorizes removal in a public document

  2. Reasonable efforts made within 48 hours to locate nearest relative or guardian
• Diagnosis of death


  • Diagnosed separately and certified by two qualified physicians
  • Neither physician should be part of the removal or transplant team, or the attending physician of the recipient
• Legacy or donation


  Authorizes examination to assure medical acceptability for intended purpose
• Autopsy on cadaver of accident, trauma or medico-legal cases


  Conducted immediately after pronouncement of death to determine qualified and healthy organs for transplantation and/or medical science
• Delivery of legacy or donation document

  1. May be delivered by testator/donor or representative to legatee/donee

  2. May be deposited in hospital or organ bank storage facility

  3. Produced upon request of interested party after testator's death
• Amendment or revocation of legacy or donation

  1. By executed and delivered statement to legatee/donee

  2. Oral statement in presence of two persons and communicated to legatee/donee

  3. Statement to attending physician during terminal illness/injury and communicated to legatee/donee

  4. Signed card/document found on testator/donor