Flfteent!

1 Congress F irst Regular Session

Repubhc of the PrllJipplnes HOUSE OF REPRESENTATIVES Ouszon City

COMMITTEE REPORT NO. _~_6_S_4~

Submitted by the Com mil tee on Populatton and ramily Relations on

R~: 2~&e~~~o 4244

ReGommanding Its approval In substituhon of House Bill Nos, 96. 101, 513, 1160, 1520 and 3387

Sponsors: Represematlv~s Espma, Lagman, Garin (J). Bag-An. Bello, Biazan,

Syjuco, Hagan and lJe Jesus

Mr. Speaker

The Committee 011 Population and Family Relations to wrucn were referred House Bill No,9.6:' introduced by Rep Lagman entitled'

"AN ACT PROVIDING FOR A NP,TIONAL POLICY ON REPRODUCTIVE HEALTH. RESPONSIBLE PARENTHOOD AND POPULATION DEVELOPMENT, AND FOR OTHER PURPOSES";

House BW No 101 introduced by Rep. Gann. J., entiUed:

'~AN ACT PROVIDING FOR ,A NATIONAL POLICY ON REPRODUCTIVE HEALTH AND POPULATION AND DEVELOPMENT, AND FOR- OTHER PURPOSES=:

HoussBn No. 513 introduced by Reps. Bag-Ao and Bello. entitled:

·:AN. ACT PROVIDI~JG FOR ,li, NATIONAL POLICY QN REPRODUCTIVE HEALTH AND POPULATION AND DEVELOPMENT, AND FOR OTHER PURPOSES':

House Bill No. 1160 Introduced by Rep. Biazon, entitled:

"AN ACT PROVIDING FOR A NATIONAL POlley ON

REPRODUCTIVE HEALTH AND FOR OTHER PURPOSES",

House 8111 No, 1520 introducec by Rep, Syjw::o, entitled:

"AN ACT TO PROTECT THE RIGHT OF THE PEOPLE TO INFORMATJON ON REPRODUCnVE- HEALTH CARE-. and

House Bill No. 3387 Introduced by Reps Ilagan and De Jesus. entitled:

"AN .ACT PROVIDING FOR A NATIONAL POLICY ON REPRODUCTIVE HEALTH FOR V\fOMEN IN DEVELOPMENT AND FOR OTHER PURPOSES-

has considered the same and recommends that the attached House Bfll No.

-4-&44 . enutled

"AN ACT PROVIDING FOR A COMPREHENSIVE POLICY ON RESPONSIBLE PARENTHOOD, REPRODUCTiVE HEALTH, AND POPULATION AND DEVELOPMENT. AND FOR OTHER PURPOSES"

be approved jn substnunon of House Bill Nos. 96, 101, 513, 1160, 1520. and 3387 wrlh Reps. Lagmanj Garin (J), Bag-ao. Bello, Blazon, SYJUCO, llagan, De Jesus, Go (AF), Esfrella, Blnay, Flores (Jr). Yap (S), Palrnones. 8agUilat, Banal. ZubJrl III. Ortega, Jaafar, Enguel, Amante-Matba, Leonen-Pizarro, Caqas IV, Escudero HI, Dy, Sahlcula, Jalosjos Jr., Arroyo Jr . Lopez, Singson (R), Fernol, Ferrer (J), Duavit, Celeste. Caslno. Datumancnn ,)aln5jos (5), Joson. Mendoza (RD), Obillo, Palatine, pa.diua, Pichay, Remuua, Sarnbar. Suarez Tiruo, Yu. Go (AC), Marcoleta, Agllpay,' Khc, Ouibranza-Djrnapcro, Balmonte .Jr (V). MananO. Colmcnares, Farinas, ·S·illgson Jr. (E), Bravo Jr., Fua Loyola, CaJayon, Radaza, Alcover Jr. Bataoit A~bSnOf. Onega {Vf), Garil"l {S), Boones, Arquiza, Catarnco. Tornawts. Pangandaman (M H) .• Parietes. Cerilles Alvarez. Batocabe, COjuaogco (EM), Vergara, AvariceFuentes, VWatuenBj Paez, Rivera, Diaz: Ping:-Ay., Haresco, LaCSOri-Noet P~ngan~a.mari (S), Ccjuanqco (K), Trenas, Tupas Jr., Ocampo; Serna and Castelo as authors thereof.

H espectfuUy suamitted.

: halrrnan

Corrmltteeon Popula1ion and Family R'elattons

THE HONORABLE SPEAKER HOUSE OF REPRESENTATIVES Q.LJEZON CITY

Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon City. Metro Manila

Fifteenth Congress

F Irs! Regular Session

HOUSE BILL NO. 424«

(In substitution of _t!ouse Bill}~o~::.~~!_~~1!.?__,!.~~1.~Q-.J520 & 33~_

--'---

Introduced by Honorables Edcel C Lagman, Janette L Garin, Kaka J. Bag-eo, Walden Bello. Rodolfo G Blazon. Augusto Syjuco. Luzviminda IIagan, Emerenciana De Jesus, Arnulfo Fegando Go. Robert Estrella, Mar-Len Abigail S. Binay, Florencio Tadiar Flores.; Jr.. Susan A. Yap. Angelo B. Palrnenes. Teddy Brawner BaglJilat Jr., Jorge "Bolet' Banal; Jose F Zub.r. III, Francis Emmanuel R. Ortega, Nur Gaspar Jaatar, Eufranjo C. Eriguel, M.D" Ma. Anqelica M Amante-Matba. Catahna Leonen-Pizarro, Marc Douglas Cagas IV, Salvador Escudero 1111. Napoleon Dy. Nur-Ana Sahidulls, Romeo Jalosjos Jr. Ignacio Arroyo Jr. Carol Jayne B Lopez, Ronald V. Singson, Abigail C. Ferriol, Jeffre~' Padilla Ferrer Joel Roy Duavit, Jesus ~8oyjng~' F Celeste, Teddy A Casino, Slrneon A Dalumanong, Seth F. Jalosjos, Josefina Manuel Joson, Raymond Dernocrtto C. Mendoza. Reena Concepcion G. Qbilla, Raymond V: Palatino, Carlos Mapili Padilla, Philip Arreza Pichay. Jesus Crispin Catibayan Remuta Mark Aeron H. Sambar, Danilo Etorrna Suarez, Antonio L. Tinio, Victor .10 Yu, Ana Cristina :Sjquian Go, Rodante D. Marcbleta, Ernrnehne Y Agllpay, David L. Kho, Imelda Oulbranza-Dimaporo, Vicente Florendo Belmonte Jr., Rafael V. Mariano, Neri Colrnenares. Rodolfo Castro Farmas, Enc Gacula Singson Jr., Narciso Recio Bravo Jr., Orlando BongcaWel Fua, Roy Maulamn Loyola, MalY Mitzi Urn Cajayon, Arturo Ompad Radaza, Pastor M A!cover Jr . Leopolda Nalupa Balaoil, Rodolfo S, Albano, Victor Francrsco Campos Ortega, Sharon S·. Gann, Nicanor M Briones, Godofredo V. Arquiza, N·ahcy Ala~m Catamco, Acrnad Tomawis, Mohammed Hussein P. Panqandaman. Elmer Ellaga Panotes, Aurora Enerio Certlles, Antonio Chaves Alvarez,

• Rode I M, Batccabe, Enrique Murpt'IY Cojuanqco, Bernardo Mangaoang Vergara, Daisy Avance-Fuentes, Luis Robredo Vlliafuerte,Cresente C, Paez, Micha.el Ang~jO C, Rivera, Antonio Diaz, Jose Plng-ay. Teodorico Haresco. Josephine Veronique LacsonND~I,Sol?iman Panqandarnan, Kirni S Cojuangco, Jerry Perez Trenas, Niel Causlnq Tupas, ·Jr,. Rcsenda Ann Ocampo Bai Sandra A Serna and Winston "Winnie" Castelo

AN ACT

PROVIDiNG FOR A COMPREHENSIVE POLICY ON RESPONSIBLE PARENTHOOP,. REPRODUC;'VE HEALTH. AND PQPUlATIONAND. DEVELOPMENT, AND FOR OTHER PURPOSES

Be it enacted by the Senate and tne House of Representatives of the. Phir;ppines in Cong(fJ.ssassembled

Page I of 23

SECTION 1. Title. - This Act sha!1 be known as the 'The Respor1slble

2 Parenthood, Reproductive Health and PopfAation and Development Act of 20 11, ,.

3 SE:C. 2. - Declaration of Polity. - The State recognizes and guarantees the

il exercise of the universal basic human rt9ht to reproduchvs health by all persons,

S particularty of parents, couples and women, consistent with their reHgious convictlens,

h cultural beliefs and 1he demands ot responsible parenthood, Toward this end, there

7 shall be no discrimination against any person on grounds of sex, age, religion, sexual

H orientation, disabilities, pDI iuca I aftinaucn and ethrucny.

t} Moreover. the State recoqruzes and guarantees the promotion of gender

o equality, equuy and women's empowerment as a hearth and human rights concern. The

acvancemant and protection of women's ri.gh!s shall be central 10 tile efforts of the State

to address reproductive heallh care As a distinct but inseparable measure to the

.guarant.e~ of women's rights, the State recognizes and guarantees the promotion of the

1-1

welfare and rights of children

The Stale likewise guaramees universal access to medically 'safe, legal,

16

:afford.able! effeGbve and quality reproductive health care services, methods, devices,

17

suppIles and relevant Information and education thereon even as it prioritizes the needs

18

of women and chi [dren, among other underprivileged sectors.

The State shall eradicate. 'discriminator\' practices, laws and policies that infringe

on ?l person's exercise 'of reproductive health rights_

SEt. 3~ GlJidrnQ Principles: - The fonov/ing principles constltute the framework

Z2

upon which this Act IS. anchored.

(a). Freedom of chOIC6< wh'ich is central to the exercise of right, must be fully

24 guaranteer:j by the State,

[luge 2of23

(b) Respect for, protectron and fulfillment of reproductive health and rights

2s'eeK to promote the riqhts and welfare of couples,sdult rndividuals, women and

3 adolescents:

II {c) Since human resource is among the principal assets of the country,

:5 rnatemal neanh, safe delivery of healthy children and their full human development and

h responsible parenfing must be ensured through effective reproductive health care;

7

'(d)

The provrsron oi medically safe, legal. accessible, affordable and effective

8 reproductive health can! services and supplies is essential In the promotion of people's

l) rig!1tlo hsallhespecially of 1he poor and marginalized:

IU

(e.)

The Slate shall promote. wrthout bias, all Effective natural and modem

Il methods of family planning that are medically safe and legal:

(f)

The Stale sllall promote proqrsms that: (1) enable couples, indivldLIClls

u and women to nave the number of ctlildren and reproductive spacing they desire with

I.d due consideration to the health of women and resources available to them; (2) achieve

15 equitable allocation and utilization at resources; (3) ensure eftective partnership among

I (j. the national government, the local government Units and the private sector ;n the

17 des·.ign, implementation, coordinahon. int~gration, monitoring and evaluation of peopie-

L& centered programs to enhance quality of Irle and environmental protection; (4) conduct

'19.studies to analyze demographic trends towards sustainable human development and

2{J (5) conduct $cienflflt; studies to determine saf~ty and. efficacy of alternative meqrclri.es

21 ':and methodsfor reproductive-healthcare devetopment:

zz

(-g)

The. provision of reproductive health infonnation, care and supplies shall

23 be. the joirit responsibility of the National Govemment and the Local Government Units

24 (LGUs);

Page 3 of13

(h) Active partrcipation by non-qovernrnent, women's, people's, civil society

'} Drganizatitms and cornrnurntles IS crucial to ensure that reproductive health and

J population and development policies. plans, and programs will address the priority

4 needs pFthe poor. especial IV women.

0)

While rrus Act recognizes thai abornon IS Illegal and punishable by law, the

f';, ~overnment shall ensure Ihal all women needing care for post-abortion cornpticatlons

~r stlail be treated and counseled In a humane, non-judqmental and compassionate

(j)

There st1all be no demographic or population targets and the mitigation of

10 the population growlh rate IS mciderual to the promotion of reproductive health and

r 1 susta inable human devetoprnenr

t2

(k)

Gender aqualny and women empowerment are central elements of

l"'

.~

reproductive neeun and POPl.Jlat.lon and development;

. , .

.111

The limited resources of the country cannot be suffered to be spread so

15 thinly to service a burgeoning multitude makIng allocations grossly inadequate arid

j () 'effectively meaningless;

17

(m) Development IS a rnuln-faceted process that calls for the coordination and

18 integration of policies, plans. programs and projects that seek to uplift the quality of life

I ~)of the people. more particularly the poor, the needy and the marginalized; and

(n) That acornprenensive reproductive health program addresses the needs

2] Of people throuqnout their life CYCI9_

n SEC .. 4. DefiJiitionof Terms. - For the. purposes of this Act. the following terms

i3' shall be defined as follows:

Page 401'23

Adolescence refers to the period of physical and physiological development of

2 an individual from the onset of puberty to complete groVtth and marunty which usually

:f beg'ins between eleven (11) to thrrtaen (13) years and terrmnatmg at eighteen (18) to

'~I twenty (20) years 01 age,

S Adolescent Sexuality refers to, among others, the reproductive system, gender

(J idenltly, values and beliefs, ernol.ons, relationships and sexual behavior at

7

adolescence:

'AIDS (Acquired Immune. Deficiency Syndrome) refers to a condition

characterized by a cornbmauon (:If signs. and symptoms, caused by HOman

Imrm,.moderlciency Virus (HIV) wt'llch attacks and weakens me body's Immune system,

II

mak.il1g the afilicted Individual susceptible 10 other life-threatening Infeclions;

12

Anti~Retrovi(al Medicines (ARVs) refer to medications for the treatment of

infection by retroviruses. pnrnarilv HIV,

Basic Emergency Obstetric Care refers 10 lifesaving services for maternal

coniplic.arfonsbaing provided by a nsann faCIlity or professional. which must include the

f6

following six slgnaJ functions: acrmrustratron of parenteral antibiotics; administration of

parenteral Qxytocicdrugs, administration of parenteral anticonvutsants for pre-

IS,

aclamp:Sia and octampsra; manual removal of placenta: removal of retained products:

19

and asslstec vaginal delivery,

Comprehensive Emergency Obstetric Care. refers to basic emergenCy

obstetric care including deliveries by surgical procedure (caesarian section) and blood

tran sfus Ion;

Erhpfoy{!r refers to any 'nat)Jral or Jundical person who hires the services of a

worker, The' term shall not Include any labor organization or any of its officers or agents

except when acting as an employer,

PiLge 5 II r 23:

10

11.

12

[ . ..,

"

lA

J._'

16

[7

! l

2

Family Planning refers to a program wh:ch enables couples, individuals and women 10. decide freely and responsibly the number and spacing of their children,

3

acquire relevant information on roprooucnve health care. services and supplies and

4

have access 10 a full range of safe, legal, affordable, effective natural and modern

5

methods of limiting and spacing pregnancy,

Gender Equality refers to the absence of discrimination on the basis o'f a

7

person's sex, sexual orientanon and gender identity In opportunities, allocation 01

resources or benefits and access to services.

Gender Equity refers to falmess and justice in Ihe dIstribution of benefil.$ and

responsibllities between women and men. and orten requires women-specific projects

and programs 10 end existIng inequalities,

Healthcare Service Provider refers to (1) health care Institution. whidl is duly

licensed and accredited and devoted prrrnanly 10 the maintenance and operation of faciiiHes for health promotion, disease prevention, diagnosis, treatment, and care of

lndividuals suffering from illness. disease, injury, disability or deformity, or in need ot

obsletrlcal or other medical and nurSlng care; (2) health care professional, who is a

doctor of medicine, a nurse, or a midwrte: (3) public health worker engaged ln the

delivery of health care services: or (4) baranqay health worker Who has undergone

training programs under any accreditee government and non-government orqanizatiort

(NGb) and who voluntarily renders primanly health care services in the community after having bean accredited to function as such b~! the local health board inaccordance with

tbeguidelines, promulgated by the Department of Health (DOH);

HIV (HUman lmmunoaetieiency Virus) refers to the virus w'hich causes AJDS;

Male Rejjponsibility refers to the Involvement, commitment, accountability, and

respcnsibn ity of males In relation to women In aU areas of sexual and reproductive Page 6ofl.3

I health as well as tile protection and promotion of reproductive health concerns specific

2. to men

3 Maternal Death Review refers 10 a qualitative and m-depthstudy of the causes

4 ·of maternal death with the primary purpose of preventing future deaths through changes

5 or additions to programs, plans and policies:

6 Modern Metl»ods of Family Planning refer to safe, effective and legal methods,

7 whether Ihe natural. O( the aruficral that are registered wiU, the Food and Drug

R Adrninislration (FDA) 01 the DOH (0 prevent pregnancy,

I} People Liv;ng with HIV (PLWH) refer to individuals who have been tested and

I (J found to be infected with HIV,

I I Poor refers to members of households rdennfied as poor through the National

L2 Household Tarqetinq System lor Po v eny Reduction by the Department of Socia:

I:'~ Wel"fsre. and Development (DSWD) or anv subsequent system used by the national

14 .qovernrrrent in ·idenllf~/jng the poor

I·.) Population and Development refers to a program that alms to (1) help couples

16 and parents achieve their desired family size; (2) improve reproductive health of

1'1 fndjvfQua!s by addressing reprcductive t1eaJth problems: (3) contribute to decreased

J ~ maternal and infant rnortahty rates and early child rnortallty: (4) reduce inCidentre of

19teen~ge pregnancy; and (5) recognize the linkage between population and sustainable

.2-0 human development;

:n Reprodur;tilie Health refers to the state of complete physical, mental and social

.22vvell-being and not m~rery the absence of drsease or infirmity, in all matters. relating to

n the reproducnve system and to its functions and processes:

Z4 Reproductive Health Care refars to the access to a full range of method~i

!..5 facilities; services and supplies that contribute to reproductive health and wall-being by

Page 7 of23

preventmq ,a.n.dsolving reproductive h=alth-related problems. It also includes sexual

2 health', the purpose of which IS the enhancement of life and personal relations. The

~elernsnts of reproductive health care mclude the following'

{a) family planning information and services,

(b) maternal, Infant and ctliid health and numuon, Including breastfee<:ling;

6

(c) proscription of aboruon and management of abortion cornplrcanons:

....

I

.( d) adolescent and youth reproductive t'lsallh,

(e) prevention and management 01 reproductive tract Infections (Rlls), H1V

arid AIDS and other sexually rransmntable Infections (S'Tls),

10

{f) eurnmatton of violence against women.

j I

(g) educatton and counselinq on sexuality and reproductive health;

(h) treatment of breast and reprocuctlve tract cancers and other gynecological

I"· ,l

conciuons and disorders,

( i)

male respoosrbrhty and paruc.pauon In reproducuve health,

15

prevention and treatment of infertIlity and sexual dvsrunction;

16

(j) (k) {i)

reproductive health education for the adolescents; and

l1

mental health aspect of reproductive health care,

1& Reproductive Health Care Program refers to the systematic and lntegrate.d

["9 provision of reproductive he'alth care to aU ciuzens especially the poor, marginalized and

!() those: in vulnerable and crisis situatrons,

~ T RSPfoductive Health Rights refer to the rights of couples, individuals and

12 WOmen to decide freely and responsibly whether or not to have children: to determine.

~3 the' number, spacing and timing of their children; to make decisionsconcerniri.g

~.;1 reprccuction free of discrirnmanon, coercion and viotence: to have relevant information:

~!i and tp attain the highes-tcondltlDn of sexual and reproductive health;


J
4
"
()
t
~
q
1(1
I I
12
J"
.I
14
15
16
,.
17
n:;
19
W
IJ
t2
~3
~4 Reproductlve Health and Sexuality Education refers to a lifelong learning

process of providing and acquiring complete. accurate and relevant information and

education on reproductive health and sexuality through life skills ed.ucation and other

approaches,

Reproductive Tract Infection (RTI) refers to sexually transmitted Infectlons, and

other types of Infections affecting the reproductive system:

Responsible Perenthooa refers to !he will. ability and commitment of parents to

adequately respond to the needs and aspirations of the family and children by

responsibly and freely axercrsmq therr reproducnve health nghts~

Sexually Trsnsmitted Infection (Sn). refers to any Infection that may be

acquired or passed on throuqh sexual conlact.

Skilled Attendant refers to an accredited heam·1 crotessicnal, such as midwife,

doctoror nurse, who has ceeneducated and trarned In the skills needed to manage

normal (uncomplicated) pregnancies, childbirth and the Immediate postnalaJ period, and

in the jderitificatiorl, management and referral of complications in women and newborns.

to exclude tra.ditional birth attendant or mIdwife (hllot). whether trained or not;

SkiJIed Birth Artendance refers to childbirth managed by a skilled attendant

including the. enabling conditions of necessary equipment and support of a functlornnq

h_eaJth system, 'and the transport and referral facilities for emergency obstetric care; and

Sustairulble Humen Devekspment refers to bringing people, particularly the'

poor and vulnerable. to the center of development process, the central purpose ofwhich Is the creation of arienabhnq environment in which all can enjoy long, healthy anq

prcidw::tfv6 lives, sno done in a manner that promotes their rights and protects the life

opportunities of future ~ri;merations and the natural ecosystem on which all life depends,

Page 'J of 23

SEC. 5. 'Midwives for Skilled Attendance. - The LGUs with the assistance of

::!. the DOH, shall employ an adequate number of midwives through regular employment or

~; service contractlnc. subject to the provisions of the Local Government Code, to achieve

4 a minimum ratio of one (1) fullnme xkrlled blrlh attendant for everyone hundred fifty

5 (150) deliveries per year. to be based on lhe annual number of actual deliveries or live

() births for the past two (2) ~Iears, /7JrovirJed Thai people in geographically isolated and

-; dspressed areas shall be provided the same level of access

S SEC. 6. Emergency Obsletricand Neonatal Care. - Each province and clfy,

LJ' with theassislance of the DOH, shall establish or upgrade hospitals with adequate a'nd

10 qua IIfied personnel, equiprnen: and supplies 10 be able 10 provide emergency obstetric

I J an.d neonatal care For every fivo hundred thousand (500,000) population. there shall

J:2 De at least one (1) hospnalwnh cornprehensive emergency obstetric and neonatal care

11 and four .(4) hospitals or other health facilrnes wIth basic emergency obstetric and

f.'1 neonatal care; Provided, TI"lal people in geographically rsolated and depressed areas

t 5 shall be provided the same level of access,

! 6 SEC. 7. Access to Family Planning. - All accredited health facilities shall

IT provide- 8. full range of modern famll}' planning methods, except in specialty hospitals

I So which rnayrendsr such .servtces on an optional basis For poor patients, such services

l~) shall be fully covered by the Phihppme Health Insurance Corporation (Phil Health) and/or

20 government financial assistance on a no balance billing

2-'1 After the use cifan}' PhlfHealth benefit involving childbirth and all other

32 preqnancy-relateo services, if the beneficiary wishes to space or prevent her next

2:1 pregnancy, PhilHealth shalt pay for the full cost of family p~anning,

24 SEC. 8. Maternal and Newborn Health Care in Crisis Situations. - Th-e LGU:s

25 and the DOH shall ensure that a Minimum Initi.al Service Package (MISP) for

Page 10 01'23

reproductive health, including maternal end neonatal health care kits and services as

2 defined by "the DOH, v¥'iII be given proper attention in crisis situations such as cisasters

~ arid humanitarian crises The MISP shall become part of all responses by national

.1 agencies at the onset of crisis and ernerqancies

5 Temporary tactlrnes such as evacuatron centers and refugee camps shall be

(1 equipped to respond to the special needs in the followmg situation'S: normal and

7 c~qmplicated delivenes, pregnancy complications. miscarriage and post-abortion

X complications. spread of HIV/AIDS and S'Fls. and sexual and gender-based violence.

q SEC. 9. Maternal Death Review. - All L GUs. national and local governrnent

10 hospitals, and other public: health units shall conduct annual maternal death review in

I J accordance with 1he guidelines set by the DOH

12 SEC. 10. Filmily Planning Supplies as Essential Medicines. - Products and

'11 supplies for modern Isrruly plannIng methods shall be part of the National Drug

tLI Formulary and the same shan be Included In the regular purchase of essential

.15· medlcines and supplies of all national and 10c...31 hospitals and ather government health

J 6 units.

17 SEC. 11. Procurement and Distribution of Family Planning Supplies. ~ The

I~ f.l DOHshali "Spearhead the efficrent procurement distribution to LGUs and usage-

19 monitortng of famil)' planning supplies for the whole Country. The DOH shall coordinate

2.0 with all appropriate LGUs 10 plan and implement this procurement and cHstribution

Zl program. The supply .and the bu_cj9~t allotment shall be based on, among others, the

~2 current levels and P(oject"lOns of the followIng:

~J (a) number of women of reprcducnve 'age and couples who want to" space or

,4 limit their children:

.2.5

contraceptive prevalence rate. by type of method used, and

Pag~ II of13

(c) cos! of family pfannJnQ supplies

2

SEC 12. Integration Df Responsible Parenthood and Family Planning

] Component in Anti~Poverty Programs. - A multidimensional approach shall be

A adopted in the implementation of policies and programs to fight poverty. Towards this

" end. the DOH shaH endeavor to Integrate a responsible parenthood and family planning

(; component Into all antipoverty and other sustainable human development programs or

.~ government, with corresponding fund support The DOH shall provide such programs

g technical support, including capacily-blJilding and rnonitonng

() SEC. 13.. Roles of Local Government in Family Planning Programs. - The

10 l.GUs shall ensure III at poor families receive preferential access to services.

I I cornmodltles and programs for larnuy plannjng. The role of Population Offloors at

t2 municipal, city and barsnqay levels in the family planning effort shall be strengthened.

1:1 The Barangay Health Workers and volunteers shall be capacitated to give priority to

J11 family planning work

15 SEC. 14. Benefits tor Serious and Lite-Threatening Reproductive Health

14 Conditions. - All senous and life-threatening reproductive health conditions such as

J 7 HfVand AlPS. breast and reproductive tract cancers. obstetric cornptications, and

"1 R menopausal and post-menopausal related conditions shall be given the maximum

19 benefits as provided by PhilHealth programs.

20 SEC. 1,5. Mobile Health Care Service. - Each Congressional District may be

tl provrdedwithat least one (1) Mobile Health Care Senric.e(MHCS) in the form of a van

l2 or other means of transportation appropriate to coastal or mountainous areas. The

i:J MHC·S shall deliver health care supplies and services to constituents, more particularly

~4 to·tile poor anc needy, and shall be used to cisserrunate knowledge and information on

!~ reprcducuva hsann The purchase of the MHCS may be. funded from tile Priority

Page 12 Ill' 23

Development Assistance Fund (PDAF) of each congressional district. The operation

2: ·and maintenance of the MHCS shall be operated by skilled health providers and

;\ adequately equipped with a wrde range of reproductive health care materials and

tl information dissemination devices and equipment. the latter including, but not lirnuec to,

5 a television set for audiovisual presantahons All MHCS shall be operated by a focal

(~ city or municipainy wittlin a congressional distnct.

7 SEC. 16. Mandatory Age-Appropriate Reproductive Health and Sexuality

~ Education. ~ Age-appropnale Reproductive Health and Sexuality Education shall be

f) taught by: adequately framed teachers In formal and non-forma! education system

In ·starting from Grade Fme up 10 Fourth Year High School using life skills and other

Il approaches The Reproductive Health and Sexuality Education shall commence at the

12 start of the school year rmmediatety following one (1) year from the effectivity of this Act

13 to allow the training of concerneo teachers. The Department of Education (DepEd), the

'I "I Commission on Higher Education (CHED) the Technical Education and Skills

15 Development Auihonty (TESDA). lhe DSWD. and t.he DOH shall formulate the

16 Reproductive Health and Sexuahty Education curriculum Such curnculum shall be

17 common to both public and private schools, out of school youth, and enrollees in the

J S Alternative Learning System (ALS) based on. but not limited to, the psychosocial and

19 the pHys·ical wellbeing, the d~mogrBphy and reproductive health, and the regal aspects

2·0 of reproductive health

tI .Age-appropriate Reproductiv6 Health and Sexuality Equc.atiQn shall be integrated

n in . .aH relevant subjects and shaiJ include. but not limited to: the followIng topics;

23

(a) Values formation

(b) Knowledg~ and skills In self protection against discrimination; sexual

violence and abuse, and teen pregnancy,

Piige 13 of 2.3

2

(c) Physical, social and ernotlo:'1al :::hanges In adolescents:

{d) Children's and women S fights.

(e) F erti lity awareness:

(f) STL HIV and .A.IDS,

(9) Population and development.

(h) Responsible relauonsrup.

(i) Family planrunq methods.

(j) Proscnption and hazards of abortion.

'(k) Gender and development and

(I) Responsible parenthood

7

Ifl

Il Ths OepEd. CHED, DSWD. TESDA and DOH shall provide concerned parents

11 with adequate and relevant scientific materials, on the age-appropriate topics and

1:1 manner of teaching Reproduchve Health and Sexuality Education to their children.

14 SEC. 17. Additional Duty of the Local Population Officer. ~ Each Local

[5 Population Officer of every cny and muructpaluy shall furnish free instructions and

16 information on responsible parenthood. family planning, breastfeeding, lnfanl nutrition

17 and other relevant aspects of this Act to air apphcants for marriage license. lri the

I·::': absence of a local Populanon Officer. a family Planning Officer under the Local Health

.9 Office shall discharge theadditionar duty of the- Population Officer

:n S.EC .. 11t Certificate of Compliance. - No rnarriaqe license shall be issued by

:1 th~ Loq;!j Civil RegJstrar unless UOle applicants present a Certificate Of Ccrnpliance

:2 Isswed for free by the locsl FamJI}1 PlannIng Office certifying that they had duly rsceived

3 ,adequate instructions and information on responsible parenthood, family planning,

4 breastfeeding.and infant nutrition

SEC~ 19. C~pabiJjty Building ot Barangay Health Workers. - Barangay Health

'J Workers and other community-based heaHh workers shall undergo training an the

;1 promotion of reproductive health and shall receive at least 1 0% mcrease in honoraria,

:4 upon successful ccrnpletron of traInIng

S SEC. 20. Ideal Family Size, - The Slate shall assist couples, parents and

() indlvlduels to achieve their desired family size within tile context of responsible

7 parenthood for sustainable development and encourage them to have two children as

~ tile ideal family size. A1talning the Ideal family size IS neither mandatory nor compulsory.

() No' punitive action shalt be imposed on parents having more than two chitdren.

1·0 SEC.. 21. Employers' Responsibilities. - The Department of Labor and

[ 1 Employment (DOLE} shall ensure that employers respect the reprocucnve rights Qf

j 2 workers.Consisient with the Intent. of Article 134 of the Labor Code. employers with

~ 1 mors than two hundred (200) employees shall provide reprcouctive health services t.D

I iI all employees intheir own respective health Iacrlities 1'I10s8 With less than J:1No hundred

15 ·(200) workers sJH:~11 enter into partnerships with hospitals. hearth facilities, or health

l6 prcleasionals in thaI( areas for the delivery of reproductive health services.

j TEmployers ··shaH furnish in writing the followmg information to allernployeasand

1 R 9Ppli~nts:

19

(8)

The medical and health benefits which workers are entitled to, inclwping

zo maternity and paternity JS8ve benefits and the availability of family pJanning services.

(b) The reproductive health hazards associated with work, includlng those

!2 that may aftecttheir reproductive functions especially pregnant women; and

(.G)

Theavailabulty of health care facilities for workers

~4 Employers are obliged to rnorutor pregnant working employees among their

~5' Workforce and ensure that they are provided paid half-day prenatal medical leave for

Page 1 S 0['23

each month Df prflgnancy period tha1 ihe pregn~3nt employee is employed in their

company or orgamzation, These paId prenalal medical leave shall be reimbursable from

"' _')

the Social Security System (SSS) or the Government Service Insurance System (GSIS),

as the, casemay be

SEC. 22. Pro Berro Services for Indtgent Women. - Private and non-

government reproduclrve health care service providers, including but not limlled to

gynecologists and obstetricians, are mandated to provide at least forty-eight (48) hours anriuatly of reproductive heaUh services, ranging from providmq Information and

educalion 10 rendering. rnedrcat services. free Qf charge to Indigenl and low income

patients, especrallyto pregnant adolescents. TIle forly-eight (48) hours annual pro bono servicesshall be mcluded as. pre-reqursue m the accreduatronunder the Phlll-ieslth.

II

12

SEC~ 23. Sexual And Reproductive Health Programs For Persons With

Dis'abilities (PWDs). - The cuies and rnurucipalities must ensure that barriers to

reproductive health services for PVVDs are obliterated by the following

providing physical access, and resolving transportation and proximity

[6 issues to. clinics, hospitals. and places where public health education 1$ provided,

17 contraceptives are' sold Ot distributed or otner places where reproductive nealtnservtces

[:8 are provided;

I ~J

(b)

adapting examinauon tables and other taboratory procedures to theneeds

2ll and conditions .cif PWDs,

2]

incr~:;3sing access to mtorrnarton and communication materi-als on sexual

12!3rid reproductive health in braille, large print, sirnple language, .and pictures;

'2'3

(d)

providing continuing education and Inclusion nghts of PWDs among

. ill haalthcare providers, and

PHg!;! 1601'23

(e) uneertakmg activities to raise awareness and address misconceptions among

the general public on the stigma and lhelr lack of knowledge an the sexual and

reproductive health needs .and rrgl,is of PVIlDs.

:1

SEC. 24. Right to Reproductive Health Care Jnformation. - The government

shall guarantee the right of an,' person to provide or receive non-fraudulent information

6

aboui the availability 01 reproductive health care services, including family planning, and

7

prenatal 'care,

The DOH and the Phihpprne lntorrnauon Agency (PIA) shall initiate and sustain a

i)

heightened nationwide multimedia carnpaiqn to rarse the level of public awareness of

10

the proteclion and promction cif reproductive health and fights inc'lldJlig family planning

It

and population and development

12

~EC. 25. Implementing Mecl1anisms. - Pursuant to the herein declared policy,

,.,

,j

the DOH "and Hle Local Health Uruts m cures and rnurncipatltres shall serve as the lead

t~

agencies for the irnplernentauon of tms Act and shall mtegrate In their reqular operations

I:;;;

the following functions

Ensure full and effiCient unplementanon ot the Reproductive Health Care

17 Program;

IS

(b)

Ensure people's access to rnedical!y safe, legal, effective. quality and

19 affordap!e reproductive health supplies and services,

(c)

Ensure that raproducuve hearth services are delivered with a full range of

~ J supplies, facilities and equipment and that healthcare service providers are adequately

!2traiJiedfor such reproductive health care deuvery:

!3

(d)

Take adivesteps 10 expand the coverage of the National Health

14 lnsurance Program (NHIP), especrally among poor and margmalized women, to include

!s the full range of reproductive health services and supplies as health insurance benefits;

P~gc r 7 of23

(e) $trengthenthe capacities of health regulatory agencies to ensure safe,

2 leg·al., effective; quality, accessible and affordable reproductive health services and

] commodities WJU, the concurreru strengthening and enforcement of regulatory mandates

..:1 and rnecnamsrns:

5 (f) Promulga1e a set of rmrumum reproducuve heanh standards for public

~1 health facilities, whlcf., shall be mcluded In the cnteria for accreditation. These minimum

., reproductive health standards shall provrde for lhe monitoring of pregnant mothers, and

~ ·a minimum package of reproducuve health programs that sl1ali be available and

C) affordable a1 all levels of Iht~ public health system except in specialty hospitals where

III such services are provided or) opuonat oas.s.

j j

(g)

Facilitate Ihe mvolvernent and parucipanon of NGOs and the private sector

12 In reproductive het::lllh care service delivery and m the production, dlstrjbution and

l)· deiivery qf quality reproductive heaIH1 and family planning supplies and ccrnmcdlties to

~ lj make them accessibleartc afftndable to ordinary citizens

J 5" (h) Furrush LGUs with appropriate Information and resources to keep them

I.:(~ updated on current studies and researches relating to responsible parenthood, family

17 platlning, bre;;tstfeeding and infant nutntiorr and

lB· (iJ Perforrnsuch other functions necessary to attain the purposes of this Act

1~) The. Cornrrnssion on Population (POPCOM), as.an attached agency of DOHI

Z0 shall serve CIS the cobrdiriatfflg body In the. implementation of this Act and shall have the

~ I fOl[owing functions:

12

(a)

Intf;l"9n?te on a continuing basis the interrelated reproductive health and

D population development agenda consrstent with the herein declared national policy,

14 takihg into account r.egiQnal and local concerns:

Page I H O'f 23

(b) Provide the mechanism to ensure active and full participation of the

2 private sector and the citrzenry through their organizations In the pianrunq and

~ rmplernentetion 6f reproduchve health care and population and development programs

~1 and projects: and

(c)

Conduct sustamed and effective Information drives on sustainable human

6 development and on all methods of tarruly planning to prevent unintended, unplanned

7 and mistlmed pregnancies

So SEC. 26. Reporting Requirements. - Before the end of April or each year, tbe

I") DOH shall submit an annual report to the President of the Philippinas. the President of

10 the Senate and [he Speaker of 11 Ie House of Repres.entatlves (HOR). The report shari

I I provide a definitrve and corru» et"ISnSIVe assessment of the implementation of its

12 pro~ramsand those of other government agencies and Instrumentalities, civil soclety

] J and the private sector and recommend appropnate pnonues for executive and

14 legislative actrons. The report shall be printed and drstributed to all national agencies.

15 the LG;Us, civil society and the private sector organizations involved in said programs.

to Theannua: report shall evaluate !he content Implementation and impact of all

l7 pohcies related to reproductive health and family ptanning to ensure that such policies

Ig promote I protect and fu~ml reproductive health and rights, particularly of parents,

£) couples ~n.d women,

.!.o ·SEC. 27. Congressional Oversight Committee (COC). - There is h·ereby

~.1 created a COC composed of five (5) members each from the Senate and the HOR The

:1 members from the Senate. and the HOR shall be appointed by. the Senate President

::land the Speaker; respectively, based on proportional representation of the parties or

4 eoalition therein with at leas! one (1) member represenunq the Minority,

Page 19 oD)

The COC shall be headed b}1 the respective Chairs of the Committee on Youth,

2 Women and Fanuly Relations of HIe Senate and the Committee on Population and

3 Family RelatfDns of the HOR The Secretariat of the COC shall come from the existing

<1 Secretarial personnel of the Senate' and of the HOR' committees concerned.

5 The GOC shall monitor and ensure the effective rmptementation of this Act,

6 determine the inherent weakness rind loopnoles in the law, recommend the necessary

7 remedial legrslallon or admuustrauve measures and perform such other duties and

~ funcfons as may be necessary 10 attain 1~1e objectrves of IIllS Act.

~I SEC. 28~ Prohibited Acts, ~ The followIng acts are prohibited

10

(8)

Any bealthcare service provrder, wnerher public or private, who shall:

(1 )

KnOWH"lfJI)l withhold mtorrnation or restnct the dissemination

12

thereof, or 1t)lenIIOnall~' provide Incorrect Information regarding programs

J., .~

and services on reproducuve health, inCIU(jlnQ the right to Informed choice

and access to a full ranqe of legal rnecically safe and effective fami Iy.

15

planning methods:

I b

(2)

Refuse to perform legal and medically safe reproductive

17

health procedures' on an~' person of legal age on the ground of lack of

I~

third party consent or authorization. In case of married persons, the

19

mutual consent of the spouses shall be pref~rred. However in case of

disagreement. the decision of the one undergoing the procedure shau

prevail. In the case of abused minors where parents or other family

members are the respondent, accused or convicted perpetrators as

:J

certified by the proper prosecutorial office or court, no prior parental

consent shaH be necessary and

Page 2f1 br23

(3) Refuse to extend health care services and information on

account of U")8 person's manta I status, gender sexual onentauon, age, religion, personal circumstances. or nature ~f wor«. ProvIded, That, the, conscientious objection of a nealtncare service provider based on his/her ethical or religious beliefs shall be respected, however. the conscientious objector shaH unrnernately refer the person seeking such care and services to another heatthcare service provider wuhm the same facility or one Wllich is conveniently accessible Who rs willing to provide the requisite information and services: Ptovuted. further. That tile person is not in an emergency condition or senous case as defined LInder Republic Act fRA) 8344 otherwise known as 'An Act Penallzmq the Refusal of Hospitats and Medical Clinics to Adrruruster Appropriate Iruual Medical Treatment and Supportm Emerger1cy and Senous Cases".

(b) Any public official who. personally or throuqh a subordinate, prohibits or

7

t2

I S restricts the delivery of legal and medIcally sate reproductive health care services,

I is inCluding family planning, or torces, coerces or Induces any person to use such

11 services,

IB

(c) Any employer or his representative who shall require an employee Or

19 applicant, as a condition for employment or continued employment, to undergo

2{} sterlliZatibri or use or not use any family planning method, neither shall pregnanc}/be Q

Z l ·grpundfo( n(Jn-hir!ng or termination of employment

"22 (d) Any person who shall r8lsify a certificate of compliance as requlred in

13 Section 15 of this Act, and

{e) Any person who maliciously engages in disintormation about the intent or

Page 21 on·3

SEC. 29.> Pf}na'tles. - Any volation of this Act or commissicn of the foregomg

2' pro,hibited acts shall be penalized b~' Imprisonment rangir1g from one (1) month to six (6)

3 months or a fineot Ten Thousand (P 10.00000) te Frfty Thousand Pesos (P 50,000.00)

~ Dr both such fine and imprisonment at the discrenon of the competent court; Provir:ied

S That, if tile offender IS a public. offictal or employee. he or she shall suffer the accessory

(') penalty of 0 isrnissal from the government service and forfeiture of retirement benefits. If

7 the ,offender 1$ a JUridical person, the penalty shall be Imposed upon the president or

K any raspons ible officer An Dffender who IS an ahen shall. after service of sentence. be

L} deported immediately w.ilhout further proceedings by the Bureau of Immigration,

lO SEC. 30. Appropriaaons. - The amounts apprepriated in the current annual

l I General Apprcpnaticns Act (GAA) for Family Health and Responsible Parenting under

12 the DOH and POPCOM shall be allocated and utilized for the initial enplernentation of

I] lhis Act. Such addition.al sums necessary to implement tnrs Act, provide for me

1~1 upgrading of facihlies necessary to meet Basic Emergency and Obstetric Care and

l$ Comprehensive Emergency and Obstetric Care standards, [rain and deploy skilled

)() health providers; procure family planning supphes and commoduies as provided in Sec.

1'7 6, and implement other reproducnve health services, shall be inducted in the

1 R subsequent GM

1 C} SEC. 31. Implementing Rules andR~gulatjons (IRR)~ - \Nithjn sixty (60) days

20 from the effectivity of this Act, the Secretary of the DOH shall formulateand adopt

21 amendrnents to 111e existing rules' and regulations to carry out thia objectives ct this Act,

22 in consultation with the Secretaries of the Depfid, the Department of Interior and Local

23 Govemment (DILG), the DOLE. the DSWO. the Director General of the National

2.4 Economic arid Development Authority (NEDA). and the Commissioner of CHED, the

25 Executive Director of the Prulippme Comrruss.on on Women (peW), arid two' NGOs or

P,ig622 d1"2]

PeopJes' Organizations (POs) for 'NOmen Full dissemination of the IRR to the public

~ sba II be ensured

J SEC. 32. Separability Clause. - If any part or provision of this Act is held invalid

iI or unconstitutional, other provisions not affected thereby shall remain ih force and

5 effect

(j SEC. 33. Repealing Clause. - All otner laws, decrees, orders, Issuances, rules

7 and re.gulations which are Inconsistent with Ihe provisions of this Act are hereby

K repealed, amended or modified accordingly

D SEC~ 34. Effectivity. - This Act shall take effect f,fteen (15) days after Its

10 publicaticn in at least iwo (2) newspapers of general circulauon

II Approved,

Page 23 0["23

Sign up to vote on this title
UsefulNot useful