Leave me alone: A study on the constitutionality of the Philippine AIDS Prevention and Control Act of 1998
Date of Publication
2014
Document Type
Bachelor's Thesis
Degree Name
Bachelor of Science in Legal Management
Subject Categories
Health Law and Policy | Medical Jurisprudence
College
Ramon V. Del Rosario College of Business
Department/Unit
Commercial Law
Thesis Adviser
Hilario S. Caraan
Defense Panel Chair
Edward P. Chico
Defense Panel Member
Anna Rhea V. Samson
Abstract/Summary
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.
Abstract Format
html
Language
English
Format
Accession Number
TU19352
Shelf Location
Archives, The Learning Commons, 12F, Henry Sy Sr. Hall
Physical Description
86 leaves, illustrations, 29 cm"
Keywords
HIV infections--Diagnosis--Law and legislation--Philippines; AIDS (Disease)--Diagnosis--Law and legislation--Philippines
Recommended Citation
Nuguid, A. N., & Generalao, L. D. (2014). Leave me alone: A study on the constitutionality of the Philippine AIDS Prevention and Control Act of 1998. Retrieved from https://animorepository.dlsu.edu.ph/etd_bachelors/5641
Embargo Period
5-6-2021