Philippines – Act for National Policy on Parenthood & Reproductive Health

S. No. 2865
H. No. 4244

Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on
Monday, the twenty-third day of July, two thousand twelve.

[ REPUBLIC ACT NO. 10354 ]

AN ACT PROVIDING FOR A NATIONAL
POLICY ON RESPONSIBLE PARENTHOOD AND REPRODUCTIVE HEALTH

Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Title. – This Act shall be known as “The Responsible
Parenthood and Reproductive Health Act of 2012″.

SEC. 2. Declaration of Policy. – The State recognizes and guarantees
the human rights of all persons including their right to equality and
nondiscrimination of these rights, the right to sustainable human development,
the right to health which includes reproductive health, the right to education
and information, and the right to choose and make decisions for themselves in
accordance with their religious convictions, ethics, cultural beliefs, and the
demands of responsible parenthood.

Pursuant to the declaration of State policies under Section 12, Article II
of the 1987 Philippine Constitution, it is the duty of the State to protect and
strengthen the family as a basic autonomous social institution and equally
protect the life of the mother and the life of the unborn from conception. The
State shall protect and promote the right to health of women especially mothers
in particular and of the people in general and instill health consciousness
among them. The family is the natural and fundamental unit of society. The
State shall likewise protect and advance the right of families in particular
and the people in general to a balanced and healthful environment in accord
with the rhythm and harmony of nature. The State also recognizes and guarantees
the promotion and equal protection of the welfare and rights of children, the
youth, and the unborn.

Moreover, the State recognizes and guarantees the promotion of gender
equality, gender equity, women empowerment and dignity as a health and human
rights concern and as a social responsibility. The advancement and protection
of women’s human rights shall be central to the efforts of the State to address
reproductive health care.

The State recognizes marriage as an inviolable social institution and the
foundation of the family which in turn is the foundation of the nation.
Pursuant thereto, the State shall defend:

(a) The right of spouses to found a family in accordance with their
religious convictions and the demands of responsible parenthood;

(b) The right of children to assistance, including proper care and
nutrition, and special protection from all forms of neglect, abuse, cruelty,
exploitation, and other conditions prejudicial to their development;

(c) The right of the family to a family living wage and income; and

(d) The right of families or family associations to participate in the
planning and implementation of policies and programs

The State likewise guarantees universal access to medically-safe,
non-abortifacient, effective, legal, affordable, and quality reproductive
health care services, methods, devices, supplies which do not prevent the
implantation of a fertilized ovum as determined by the Food and Drug
Administration (FDA) and relevant information and education thereon according
to the priority needs of women, children and other underprivileged sectors,
giving preferential access to those identified through the National Household
Targeting System for Poverty Reduction (NHTS-PR) and other government measures
of identifying marginalization, who shall be voluntary beneficiaries of
reproductive health care, services and supplies for free. ■ •

The State shall eradicate discriminatory practices, laws and policies that
infringe on a person’s exercise of reproductive health rights.

The State shall also promote openness to life; Provided, That parents
bring forth to the world only those children whom they can raise in a truly
humane way.

SEC. 3. Guiding Principles for Implementation. – This Act declares
the following as guiding principles:

(a) The right to make free and informed decisions, which is central to the
exercise of any right, shall not be subjected to any form of coercion and must
be fully guaranteed by the State, like the right itself;

(b) Respect for protection and fulfillment of reproductive health and rights
which seek to promote the rights and welfare of every person particularly
couples, adult individuals, women and adolescents;

(c) Since human resource is among the principal assets of the country,
effective and quality reproductive health care services must be given primacy
to ensure maternal and child health, the health of the unborn, safe delivery and
birth of healthy children, and sound replacement rate, in line with the State’s
duty to promote the right to health, responsible parenthood, social justice and
full human development;

(d) The provision of ethical and medically safe, legal, accessible, affordable,
non-abortifacient, effective and quality reproductive health care services and
supplies is essential in the promotion of people’s right to health, especially
those of women, the poor, and the marginalized, and shall be incorporated as a
component of basic health care;

(e) The State shall promote and provide information and access, without
bias, to all methods of family planning, including effective natural and modern
methods which have been proven medically safe, legal, non-abortifacient, and effective
in accordance with scientific and evidence-based medical research standards
such as those registered and approved by the FDA for the poor and marginalized
as identified through the NHTS-PR and other government measures of identifying
marginalization: Provided, That the State shall also provide funding
support to promote modern natural methods of family planning, especially the
Billings Ovulation Method, consistent with the needs of acceptors and their
religious convictions;

(f) The State shall promote programs that: (1) enable individuals and
couples to have the number of children they desire with due consideration to
the health, particularly of women, and the resources available and affordable
to them and in accordance with existing laws, public morals and their religious
convictions: Provided, That no one shall be deprived, for economic
reasons, of the rights to have children; (2) achieve equitable allocation and
utilization of resources; (3) ensure effective partnership among national
government, local government units (LGUs) and the private sector in the design,
implementation, coordination, integration, monitoring and evaluation of
people-centered programs to enhance the quality of life and environmental
protection; (4) conduct studies to analyze demographic trends including
demographic dividends from sound population policies towards sustainable human
development in keeping with the principles of gender equality, protection of
mothers and children, born and unborn and the promotion and protection of
women’s reproductive rights and health; and (5) conduct scientific studies to
determine the safety and efficacy of alternative medicines and methods for
reproductive health care development;

(g) The provision of reproductive health care, information and supplies
giving priority to poor beneficiaries as identified through the NHTS-PR and
other government measures of identifying marginalization must be the primary
responsibility of the national government consistent with its obligation to
respect, protect and promote the right to health and the right to life;

(h) The State shall respect individuals’ preferences and choice of family
planning methods that are in accordance with their religious convictions and
cultural beliefs, taking into consideration the State’s obligations under
various human rights instruments;

(i) Active participation by nongovernment organizations (NGOs), women’s and
people’s organizations, civil society, faith-based organizations, the religious
sector and communities is crucial to ensure that reproductive health and
population and development policies, plans, and programs will address the
priority needs of women, the poor, and the marginalized;

(j) While this Act recognizes that abortion is illegal and punishable by
law, the government shall ensure that all women needing care for post-abortive
complications and all other complications arising from pregnancy, labor and
delivery and related issues shall be treated and counseled in a humane,
nonjudgmental and compassionate manner in accordance with law and medical
ethics;

(k) Each family shall have the right to determine its ideal family size: Provided,
however, That the State shall equip each parent with the necessary
information on all aspects of family life, including reproductive health and
responsible parenthood, in order to make that determination;

(l) There shall be no demographic or population targets and the mitigation,
promotion and/or stabilization of the population growth rate is incidental to
the advancement of reproductive health;

(m) Gender equality and women empowerment are central elements of
reproductive health and population and development;

(n) The resources of the country must be made to serve the entire
population, especially the poor, and allocations thereof must be adequate and
effective: Provided, That the life of the unborn is protected;

(o) Development is a multi-faceted process that calls for the harmonization
and integration of policies, plans, programs and projects that seek to uplift
the quality of life of the people, more particularly the poor, the needy and
the marginalized; and

(p) That a comprehensive reproductive health program addresses the needs of
people throughout their life cycle.

SEC. 4. Definition of Terms. – For the purpose of this Act, the
following terms shall be defined as follows:

(a) Abortifacient refers to any drug or device that induces abortion
or the destruction of a fetus inside the mother’s womb or the prevention of the
fertilized ovum to reach and be implanted in the mother’s womb upon determination
of the FDA.

(b) Adolescent refers to young people between the ages of ten (10) to
nineteen (19) years who are in transition from childhood to adulthood.

(c) Basic Emergency Obstetric and Newborn Care (BEMONC) refers to
lifesaving services for emergency maternal and newborn conditions/complications
being provided by a health facility or professional to include the following
services: administration of parenteral oxytocic drugs, administration of dose
of parenteral anticonvulsants, administration of parenteral antibiotics,
administration of maternal steroids for preterm labor, performance of assisted
vaginal deliveries, removal of retained placental products, and manual removal
of retained placenta. It also includes neonatal interventions which include at
the minimum: newborn resuscitation, provision of warmth, and referral, blood
transfusion where possible.

(d) Comprehensive Emergency Obstetric and Newborn Care (CEMONC)
refers to lifesaving services for emergency maternal and newborn
conditions/complications as in Basic Emergency Obstetric and Newborn Care plus
the provision of surgical delivery (caesarian section) and blood bank services,
and other highly specialized obstetric interventions. It also includes
emergency neonatal care which includes at the minimum: newborn resuscitation,
treatment of neonatal sepsis infection, oxygen support, and antenatal
administration of (maternal) steroids for threatened premature delivery.

(e) Family planning refers to a program which enables couples and
individuals to decide freely and responsibly the number and spacing of their
children and to have the information and means to do so, and to have access to
a full range of safe, affordable, effective, non-abortifacient modem natural
and artificial methods of planning pregnancy.

(f) Fetal and infant death review refers to a qualitative and
in-depth study of the causes of fetal and infant death with the primary purpose
of preventing future deaths through changes or additions to programs, plans and
policies.

(g) Gender equality refers to the principle of equality between women
and men and equal rights to enjoy conditions in realizing their full human
potentials to contribute to, and benefit from, the results of development, with
the State recognizing that all human beings are free and equal in dignity and
rights. It entails equality in opportunities, in the allocation of resources or
benefits, or in access to services in furtherance of the rights to health and
sustainable human development among others, without discrimination.

(h) Gender equity refers to the policies, instruments, programs and
actions that address the disadvantaged position of women in society by
providing preferential treatment and affirmative action. It entails fairness
and justice in the distribution of benefits and responsibilities between women
and men, and often requires women-specific projects and programs to end
existing inequalities. This concept recognizes that while reproductive health
involves women and men, it is more critical for women’s health.

(i) Male responsibility refers to the involvement, commitment,
accountability and responsibility of males in all areas of sexual health and
reproductive health, as well as the care of reproductive health concerns
specific to men.

(j) Maternal death review refers to a qualitative and in-depth study
of the causes of maternal death with the primary purpose of preventing future
deaths through changes or additions to programs, plans and policies.

(k) Maternal health refers to the health of a woman of reproductive
age including, but not limited to, during pregnancy, childbirth and the
postpartum period.

(l) Modern methods of family planning refers to safe, effective,
non-abortifacient and legal methods, whether natural or artificial, that are
registered with the FDA, to plan pregnancy.

(m) Natural family planning refers to a variety of methods used to
plan or prevent pregnancy based on identifying the woman’s fertile days.

(n) Public health care service provider refers to: (1) public health
care institution, which is duly licensed and accredited and devoted primarily
to the maintenance and operation of facilities for health promotion, disease
prevention, diagnosis, treatment and care of individuals suffering from
illness, disease, injury, disability or deformity, or in need of obstetrical or
other medical and nursing care; (2) public health care professional, who is a
doctor of medicine, a nurse or a midwife; (3) public health worker engaged in
the delivery of health care services; or (4) barangay health worker who has
undergone training programs under any accredited government and NGO and who
voluntarily renders primarily health care services in the community after
having been accredited to function as such by the local health board in
accordance with the guideline’s promulgated by the Department of Health (DOH).

(o) Poor refers to members of households identified as poor through
the NHTS-PR by the Department of Social Welfare and Development (DSWD) or any
subsequent system used by the national government in identifying the poor.

(p) Reproductive Health (RH) refers to the state of complete
physical, mental and social well-being and not merely the absence of disease or
infirmity, in all matters relating to the reproductive system and to its
functions and processes. This implies that people are able to have a
responsible, safe, consensual and satisfying sex life, that they have the
capability to reproduce and the freedom to decide if, when, and how often to do
so. This further implies that women and men attain equal relationships in
matters related to sexual relations and reproduction.

(q) Reproductive health care refers to the access to a full range of
methods, facilities, services and supplies that contribute to reproductive
health and well-being by addressing reproductive health-related problems. It
also includes sexual health, the purpose of which is the enhancement of life
and personal relations. The elements of reproductive health care include the
following:

(1) Family planning information and services which shall include as a first
priority making women of reproductive age fully aware of their respective
cycles to make them aware of when fertilization is highly probable, as well as
highly improbable;

(2) Maternal, infant and child health and nutrition, including
breastfeeding;

(3) Proscription of abortion and management of abortion complications;

(4) Adolescent and youth reproductive health guidance and counseling;

(5) Prevention, treatment and management of reproductive tract infections
(RTIs), HIV and AIDS and other sexually transmittable infections (STIs);

(6) Elimination of violence against women and children and other forms of
sexual and gender-based violence;

(7) Education and counseling on sexuality and reproductive health;

(8) Treatment of breast and reproductive tract cancers and other
gynecological conditions and disorders;

(9) Male responsibility and involvement and men’s reproductive health;

(10) Prevention, treatment and management of infertility and sexual
dysfunction;

(11) Reproductive health education for the adolescents; and

(12) Mental health aspect of reproductive health care.

(r) Reproductive health care program refers to the systematic and
integrated provision of reproductive health care to all citizens prioritizing
women, the poor, marginalized and those invulnerable or crisis situations.

(s) Reproductive health rights refers to the rights of individuals
and couples, to decide freely and responsibly whether or not to have children;
the number, spacing and timing of their children; to make other decisions
concerning reproduction, free of discrimination, coercion and violence; to have
the information and means to do so; and to attain the highest standard of
sexual health and reproductive health: Provided, however, That
reproductive health rights do not include abortion, and access to
abortifacients.

(t) Reproductive health and sexuality education refers to a lifelong
learning process of providing and acquiring complete, accurate and relevant
age- and development-appropriate information and education on reproductive
health and sexuality through life skills education and other approaches.

(u) Reproductive Tract Infection (RTI) refers to sexually transmitted
infections (STIs), and other types of infections affecting the reproductive
system.

(v) Responsible parenthood refers to the will and ability of a parent
to respond to the needs and aspirations of the family and children. It is
likewise a shared responsibility between parents to determine and achieve the
desired number of children, spacing and timing of their children according to
their own family life aspirations, taking into account psychological
preparedness, health status, sociocultural and economic concerns consistent
with their religious convictions.

(w) Sexual health refers to a state of physical, mental and social
well-being in relation to sexuality. It requires a positive and respectful
approach to sexuality and sexual relationships, as well as the possibility of
having pleasurable and safe sexual experiences, free from coercion, discrimination
and violence.

(x) Sexually Transmitted Infection (STI) refers to any infection that
may be acquired or passed on through sexual contact, use of IV, intravenous
drug needles, childbirth and breastfeeding.

(y) Skilled birth attendance refers to childbirth managed by a
skilled health professional including the enabling conditions of necessary
equipment and support of a functioning health system, including transport and
referral faculties for emergency obstetric care.

(z) Skilled health professional refers to a midwife, doctor or nurse,
who has been educated and trained in the skills needed to manage normal and
complicated pregnancies, childbirth and the immediate postnatal period, and in
the identification, management and referral of complications in women and
newborns.

(aa) Sustainable human development refers to bringing people,
particularly the poor and vulnerable, to the center of development process, the
central purpose of which is the creation of an enabling environment in which
all can enjoy long, healthy and productive lives, done in the manner that
promotes their rights and protects the life opportunities of future generations
and the natural ecosystem on which all life depends.

SEC. 5. Hiring of Skilled Health Professionals for Maternal Health Care
and Skilled Birth Attendance. – The LGUs shall endeavor to hire an adequate
number of nurses, midwives and other skilled health professionals for maternal
health care and skilled birth attendance to achieve an ideal skilled health
professional-to-patient ratio taking into consideration DOH targets: Provided,
That people in geographically isolated or highly populated and depressed areas
shall be provided the same level of access to health care: Provided, further,
That the national government shall provide additional and necessary funding and
other necessary assistance for the effective implementation of this provision.

For the purposes of this Act, midwives and nurses shall be allowed to
administer lifesaving drugs such as, but not limited to, oxytocin and magnesium
sulfate, in accordance with the guidelines set by the DOH, under emergency
conditions and when there are no physicians available: Provided, That
they are properly trained and certified to administer these lifesaving drugs.

SEC. 6. Health Care Facilities. – Each LGU, upon its determination of
the necessity based on well-supported data provided by its local health office
shall endeavor to establish or upgrade hospitals and facilities with adequate
and qualified personnel, equipment and supplies to be able to provide emergency
obstetric and newborn care: Provided, That people in geographically
isolated or highly populated and depressed areas shall have the same level of
access and shall not be neglected by providing other means such as home visits
or mobile health care clinics as needed: Provided, further, That the
national government shall provide additional and necessary funding and other
necessary assistance for the effective implementation of this provision.

SEC. 7. Access to Family Planning. – All accredited public health
facilities shall provide a full range of modern family planning methods, which
shall also include medical consultations, supplies and necessary and reasonable
procedures for poor and marginalized couples having infertility issues who
desire to have children: Provided, That family planning services shall
likewise be extended by private health facilities to paying patients with the
option to grant free care and services to indigents, except in the case of
non-maternity specialty hospitals and hospitals owned and operated by a
religious group, but they have the option to provide such full range of modern
family planning methods: Provided, further, That these hospitals shall
immediately refer the person seeking such care and services to another health
facility which is conveniently accessible: Provided, finally, That the
person is not in an emergency condition or serious case as defined in Republic
Act No. 8344.

No person shall be denied information and access to family planning services,
whether natural or artificial: Provided, That minors will not be allowed
access to modern methods of family planning without written consent from their
parents or guardian/s except when the minor is already a parent or has had a
miscarriage.

SEC. 8. Maternal Death Review and Fetal and Infant Death Review. –
All LGUs, national and local government hospitals, and other public health
units shall conduct an annual Maternal Death Review and Fetal and Infant Death
Review in accordance with the guidelines set by the DOH. Such review should
result in an evidence-based programming and budgeting process that would
contribute to the development of more responsive reproductive health services
to promote women’s health and safe motherhood.

SEC. 9. The Philippine National Drug Formulary System and Family Planning
Supplies. – The National Drug Formulary shall include hormonal
contraceptives, intrauterine devices, injectables and other safe, legal,
non-abortifacient and effective family planning products and supplies. The
Philippine National Drug Formulary System (PNDFS) shall be observed in
selecting drugs including family planning supplies that will be included or
removed from the Essential Drugs List (EDL) in accordance with existing
practice and in consultation with reputable medical associations in the
Philippines. For the purpose of this Act, any product or supply included or to
be included in the EDL must have a certification from the FDA that said product
and supply is made available on the condition that it is not to be used as an
abortifacient.

These products and supplies shall also be included in the regular purchase
of essential medicines and supplies of all national hospitals: Provided,
further, That the foregoing offices shall not purchase or acquire by any
means emergency contraceptive pills, postcoital pills, abortifacients that will
be used for such purpose and their other forms or equivalent.

SEC. 10. Procurement and Distribution of Family Planning Supplies. –
The DOH shall procure, distribute to LGUs and monitor the usage of family
planning supplies for the whole country. The DOH shall coordinate with all
appropriate local government bodies to plan and implement this procurement and
distribution program. The supply and budget allotments shall be based on, among
others, the current levels and projections of the following:

(a) Number of women of reproductive age and couples who want to space or
limit their children;

(b) Contraceptive prevalence rate, by type of method used; and

(c) Cost of family planning supplies.

Provided, That LGUs may implement its own procurement, distribution
and monitoring program consistent with the overall provisions of this Act and
the guidelines of the DOH.

SEC. 11. Integration of Responsible Parenthood and Family Planning
Component in Anti-Poverty Programs. – A multidimensional approach shall be
adopted in the implementation of policies and programs to fight poverty.
Towards this end, the DOH shall implement programs prioritizing full access of
poor and marginalized women as identified through the NHTS-PR and other
government measures of identifying marginalization to reproductive health care,
services, products and programs. The DOH shall provide such programs, technical
support, including capacity building and monitoring.

SEC. 12. PhilHealth Benefits for Serious .and Life-Threatening
Reproductive Health Conditions. – All serious and life-threatening
reproductive health conditions such as HIV and AIDS, breast and reproductive
tract cancers, and obstetric complications, and menopausal and
post-menopausal-related conditions shall be given the maximum benefits,
including the provision of Anti-Retroviral Medicines (ARVs), as provided in the
guidelines set by the Philippine Health Insurance Corporation (PHIC).

SEC. 13. Mobile Health Care Service. – The national or the local
government may provide each provincial, city, municipal and district hospital
with a Mobile Health Care Service (MHCS) in the form of a van or other means of
transportation appropriate to its terrain, taking into consideration the health
care needs of each LGU. The MHCS shall deliver health care goods and services
to its constituents, more particularly to the poor and needy, as well as
disseminate knowledge and information on reproductive health. The MHCS shall be
operated by skilled health providers and adequately equipped with a wide range
of health care materials and information dissemination devices and equipment,
the latter including, but not limited to, a television set for audio-visual
presentations. All MHCS shall be operated by LGUs of provinces and highly
urbanized cities.

SEC. 14. Age- and Development-Appropriate Reproductive Health Education.
– The State shall provide age- and development-appropriate reproductive health
education to adolescents which shall be taught by adequately trained teachers
informal and nonformal educational system and integrated in relevant subjects
such as, but not limited to, values formation; knowledge and skills in
self-protection against discrimination; sexual abuse and violence against women
and children and other forms of gender based violence and teen pregnancy;
physical, social and emotional changes in adolescents; women’s rights and
children’s rights; responsible teenage behavior; gender and development; and
responsible parenthood: Provided, That flexibility in the formulation
and adoption of appropriate course content, scope and methodology in each
educational level or group shall be allowed only after consultations with
parents-teachers-community associations, school officials and other interest
groups. The Department of Education (DepED) shall formulate a curriculum which
shall be used by public schools and may be adopted by private schools.

SEC. 15. Certificate of Compliance. – No marriage license shall be
issued by the Local Civil Registrar unless the applicants present a Certificate
of Compliance issued for free by the local Family Planning Office certifying
that they had duly received adequate instructions and information on
responsible parenthood, family planning, breastfeeding and infant nutrition.

SEC. 16. Capacity Building of Barangay Health Workers (BHWs). – The
DOH shall be responsible for disseminating information and providing training
programs to the LGUs. The LGUs, with the technical assistance of the DOH, shall
be responsible for the training of BHWs and other barangay volunteers on the
promotion of reproductive health. The DOH shall provide the LGUs with medical
supplies and equipment needed by BHWs to carry out their functions effectively:
Provided, further, That the national government shall provide additional
and necessary funding and other necessary assistance for the effective
implementation of this provision including the possible provision of additional
honoraria for BHWs.

SEC. 17. Pro Bono Services for Indigent Women. – Private and
nongovernment reproductive healthcare service providers including, but not
limited to, gynecologists and obstetricians, are encouraged to provide at least
forty-eight (48) hours annually of reproductive health services, ranging from
providing information and education to rendering medical services, free of
charge to indigent and low-income patients as identified through the NHTS-PR
and other government measures of identifying marginalization, especially to
pregnant adolescents. The forty-eight (48) hours annual pro bono
services shall be included as a prerequisite in the accreditation under the
PhilHealth.

SEC. 18. Sexual and Reproductive Health Programs for Persons with
Disabilities (PWDs). – The cities and municipalities shall endeavor that
barriers to reproductive health services for PWDs are obliterated by the
following:

(a) Providing physical access, and resolving transportation and proximity
issues to clinics, hospitals and places where public health education is
provided, contraceptives are sold or distributed or other places where
reproductive health services are provided;

(b) Adapting examination tables and other laboratory procedures to the needs
and conditions of PWDs;

(c) Increasing access to information and communication materials on sexual
and reproductive health in braille, large print, simple language, sign language
and pictures;

(d) Providing continuing education and inclusion of rights of PWDs among
health care providers; and

(e) Undertaking activities to raise awareness and address misconceptions
among the general public on the stigma and their lack of knowledge on the
sexual and reproductive health needs and rights of PWDs.

SEC. 19. Duties and Responsibilities. – (a) Pursuant to the herein
declared policy, the DOH shall serve as the lead agency for the implementation
of this Act and shall integrate in their regular operations the following
functions:

(1) Fully and efficiently implement the reproductive health care program;

(2) Ensure people’s access to medically safe, non-abortifacient, legal,
quality and affordable reproductive health goods and services; and

(3) Perform such other functions necessary to attain the purposes of this
Act.

(b) The DOH, in coordination with the PHIC, as may be applicable, shall:

(1) Strengthen the capacities of health regulatory agencies to ensure safe,
high quality, accessible and affordable reproductive health services and
commodities with the concurrent strengthening and enforcement of regulatory
mandates and mechanisms;

(2) Facilitate the involvement and participation of NGOs and the private
sector in reproductive health care service delivery and in the production,
distribution and delivery of quality reproductive health and family planning
supplies and commodities to make them accessible and affordable to ordinary
citizens;

(3) Engage the services, skills and proficiencies of experts in natural
family planning who shall provide the necessary training for all BHWs;

(4) Supervise and provide assistance to LGUs in the delivery of reproductive
health care services and in the purchase of family planning goods and supplies;
and

(5) Furnish LGUs, through their respective local health offices, appropriate
information and resources to keep the latter updated on current studies and
researches relating to family planning, responsible parenthood, breastfeeding
and infant nutrition.

(c) The FDA shall issue strict guidelines with respect to the use of
contraceptives, taking into consideration the side effects or other harmful
effects of their use.

(d) Corporate citizens shall exercise prudence in advertising its products
or services through all forms of media, especially on matters relating to
sexuality, further taking into consideration its influence on children and the
youth.

SEC. 20. Public Awareness. – The DOH and the LGUs shall initiate and
sustain a heightened nationwide multimedia-campaign to raise the level of
public awareness on the protection and promotion of reproductive health and
rights including, but not limited to, maternal health and nutrition, family
planning and responsible parenthood information and services, adolescent and
youth reproductive health, guidance and counseling and other elements of
reproductive health care under Section 4(q).

Education and information materials to be developed and disseminated for
this purpose shall be reviewed regularly to ensure their effectiveness and
relevance.

SEC. 21. Reporting Requirements. – Before the end of April each year,
the DOH shall submit to the President of the Philippines and Congress an annual
consolidated report, which shall provide a definitive and comprehensive
assessment of the implementation of its programs and those of other government
agencies and instrumentalities and recommend priorities for executive and
legislative actions. The report shall be printed and distributed to all
national agencies, the LGUs, NGOs and private sector organizations involved in
said programs.

The annual report shall evaluate the content, implementation, and impact of
all policies related to reproductive health and family planning to ensure that
such policies promote, protect and fulfill women’s reproductive health and
rights.

SEC. 22. Congressional Oversight Committee on Reproductive Health Act.
– There is hereby created a Congressional Oversight Committee (COC) composed of
five (5) members each from the Senate and the House of Representatives. The
members from the Senate and the House of Representatives shall be appointed by
the Senate President and the Speaker, respectively, with at least one (1)
member representing the Minority.

The COC shall be headed by the respective Chairs of the Committee on Health
and Demography of the Senate and the Committee on Population and Family
Relations of the House of Representatives. The Secretariat of the COC shall
come from the existing Secretariat personnel of the Senate and the House of
Representatives committees concerned.

The COC shall monitor and ensure the effective implementation of this Act, recommend
the necessary remedial legislation or administrative measures, and shall
conduct a review of this Act every five (5) years from its effectivity. The COC
shall perform such other duties and functions as may be necessary to attain the
objectives of tins Act.

SEC. 23. Prohibited Acts. – The following acts are prohibited:

(a) Any health care service provider, whether public or private, who shall:

(1) Knowingly withhold information or restrict the dissemination thereof,
and/or intentionally provide incorrect information regarding programs and
services on reproductive health including the right to informed choice and
access to a full range of legal, medically-safe, non-abortifacient and
effective family planning methods;

(2) Refuse to perform legal and medically-safe reproductive health
procedures on any person of legal age on the ground of lack of consent or
authorization of the following persons in the following instances:

(i) Spousal consent in case of married persons: Provided, That in
case of disagreement, the decision of the one undergoing the procedure shall
prevail; and

(ii) Parental consent or that of the person exercising parental authority in
the case of abused minors, where the parent or the person exercising parental
authority is the respondent, accused or convicted perpetrator as certified by
the proper prosecutorial office of the court. In the case of minors, the
written consent of parents or legal guardian or, in their absence, persons
exercising parental authority or next-of-kin shall be required only in elective
surgical procedures and in no case shall consent be required in emergency or
serious cases as defined in Republic Act No. 8344; and

(3) Refuse to extend quality health care services and information on account
of the person’s marital status, gender, age, religious convictions, personal
circumstances, or nature of work: Provided, That the conscientious
objection of a health care service provider based on his/her ethical or
religious beliefs shall be respected; however, the conscientious objector shall
immediately refer the person seeking such care and services to another health
care service provider within the same facility or one which is conveniently
accessible: Provided, further, That the person is not in an emergency
condition or serious case as defined in Republic Act No. 8344, which penalizes
the refusal of hospitals and medical clinics to administer appropriate initial
medical treatment and support in emergency and serious cases;

(b) Any public officer, elected or appointed, specifically charged with the
duty to implement the provisions hereof, who, personally or through a
subordinate, prohibits or restricts the delivery of legal and medically-safe
reproductive health care services, including family planning; or forces,
coerces or induces any person to use such services; or refuses to allocate,
approve or release any budget for reproductive health care services, or to
support reproductive health programs; or shall do any act that hinders the full
implementation of a reproductive health program as mandated by this Act;

(c) Any employer who shall suggest, require, unduly influence or cause any
applicant for employment or an employee to submit himself/herself to
sterilization, use any modern methods of family planning, or not use such methods
as a condition for employment, continued employment, promotion or the provision
of employment benefits. Further, pregnancy or the number of children shall not
be a ground for non-hiring or termination from employment;

(d) Any person who shall falsify a Certificate of Compliance as required in
Section 15 of this Act; and

(e) Any pharmaceutical company, whether domestic or multinational, or its
agents or distributors, which directly or indirectly colludes with government
officials, whether appointed or elected, in the distribution, procurement
and/or sale by the national government and LGUs of modern family planning
supplies, products and devices.

SEC. 24. Penalties. – Any violation of this Act or commission of the
foregoing prohibited acts shall be penalized by imprisonment ranging from one
(1) month to six (6) months or a fine of Ten thousand pesos (P10,000.00) to One
hundred thousand pesos (P100,000.00), or both such fine and imprisonment at the
discretion of the competent court: Provided, That, if the offender is a
public officer, elected or appointed, he/she shall also suffer the penalty of
suspension not exceeding one (1) year or removal and forfeiture of retirement
benefits depending on the gravity of the offense after due notice and hearing
by the appropriate body or agency.

If the offender is a juridical person, the penalty shall be imposed upon the
president or any responsible officer. An offender who is an alien shall, after
service of sentence, be deported immediately without further proceedings by the
Bureau of Immigration. If the offender is a pharmaceutical company, its agent
and/or distributor, their license or permit to operate or conduct business in
the Philippines shall be perpetually revoked, and a fine triple the amount involved
in the violation shall be imposed.

SEC. 25. Appropriations. – The amounts appropriated in the current
annual General Appropriations Act (GAA) for reproductive health and natural and
artificial family planning and responsible parenthood under the DOH and other
concerned agencies shall be allocated and utilized for the implementation of
this Act. Such additional sums necessary to provide for the upgrading of
faculties necessary to meet BEMONC and CEMONC standards; the training and
deployment of skilled health providers; natural and artificial family planning
commodity requirements as outlined in Section 10, and for other reproductive
health and responsible parenthood services, shall be included in the subsequent
years’ general appropriations. The Gender and Development (GAD) funds of LGUs
and national agencies may be a source of funding for the implementation of this
Act.

SEC. 26. Implementing Rules and Regulations (IRR). – Within sixty
(60) days from the effectivity of this Act, the DOH Secretary or his/her
designated representative as Chairperson, the authorized representative/s of
DepED, DSWD, Philippine Commission on Women, PHIC, Department of the Interior
and Local Government, National Economic and Development Authority, League of
Provinces, League of Cities, and League of Municipalities, together with NGOs,
faith-based organizations, people’s, women’s and young people’s organizations,
shall jointly promulgate the rules and regulations for the effective
implementation of this Act. At least four (4) members of the IRR drafting
committee, to be selected by the DOH Secretary, shall come from NGOs.

SEC. 27. Interpretation Clause. – This Act shall be liberally
construed to ensure the provision, delivery and access to reproductive health
care services, and to promote, protect and fulfill women’s reproductive health
and rights.

SEC. 28. Separability Clause. – If any part or provision of this Act
is held invalid or unconstitutional, the other provisions not affected thereby
shall remain in force and effect.

SEC. 29. Repealing Clause. – Except for prevailing laws against
abortion, any law, presidential decree or issuance, executive order, letter of
instruction, administrative order, rule or regulation contrary to or is
inconsistent with the provisions of this Act including Republic Act No. 7392,
otherwise known as the Midwifery Act, is hereby repealed, modified or amended
accordingly.

SEC 30. Effectivity. – This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation.

 

This Act which is a consolidation of Senate Bill No. 2865 and House Bill No.
4244 was finally passed by the Senate and the House of Representatives on
December 19, 2012.

Approved: DEC 21 2012

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines