Email 442: HIV Law on Disclosure of HIV Status to Sexual Partners

Posted by Pozziepinoy on 9:35 PM

Dear Pozzie;

I have a BFF who was infected lately with HIV. I love my friend so much and there is no way that I discriminate him regarding his situation. Although he's been into counselling and medications, I am quite worried after knowing that he still indulge in casual sex although he claims to be protected all the time

My question is......Is there any rule prohibiting HIV patients from having casual sex (protected or not) with others especially if they did not inform their partner? Of course chances are you will get rejected after knowing the real situation not unless there is real love involve maybe.

I am sorry to ask you this and I don't want to sound judgmental nevertheless, I believe each of us have their own social responsibility especially in combating the spread of the disease.

I love your blog since its very informative and thank you very much for initiating it!

Concerned Citizen


Hi Concerned Citizen.

Thank you for your email. Thank you for your concern. 

You are not being judgmental but rather you are just being concerned about the welfare of other people. I agree with you that all of us should try to help in the preventing the spread of HIV. In our country wherein the cases of HIV is still increasing at an alarming rate, we all should join hands in educating people and in telling people how we can all stop the spread of this incurable disease.

With regards to your concern, in the Republic Act 8504 (Philippines AIDS Prevention and Control Act of 1998) or "HIV Law", Article VI, Sec 34 on disclosure to sexual partners, it states that, "any person with HIV is obliged to disclose his/her HIV status and health conditions to his/her spouse or sexual partner at the earliest opportune time". You can tell this to your friend so that he will be informed about this. 

Of course, it takes a lot of effort on the part of the person who got the disease from the PLHIV who never informed him or her about the HIV status prior to their sexual contact. However, still it is a part of the law and anyone can make use of this just in case.

I hope I was able to answer your concerns. Feel free to email me again if you have other concerns.

Stay healthy,

NO PLHIV is alone with his or her struggle with HIV!"


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