Republie of the Philippines Department of Health OFFICE OF THE SECRETARY March 21, 2013 MEMORANDUM CIRCULAR No. 2013-00 FOR: ALL __UNDERSECRETARIES, ISTANT. SUBJECT: DIRECTORS __OF __ BUREAUS, CENTERS _FOR__HEALTH "ES AND SPECIALTY HOSPITALS, CHIEFS OF [CAL CENTERS & HOSPITAL! IDENT OF THE PHIL, HEALTH_INSURANCE CORPORATION. EXECUTIVE DIRECTORS OF PHIL. NATIONAL _AIDS _ COUNCIL, PHIL, INSTITUTE OF TRADITIONAL AND ALTERNATIVE HEALTH CARE, NATIONAL_NUTRITIO! IL, POPULATION ON, LOCAL WATER UTILITIES ADMINISTRATION AND OTHERS CONCERNED. Implementing Rules_and Regulations of lic_Act_No. 10354 (The Responsible Parenthood and Reproductive Health Act of 2012 Attached for your information and guidance is a copy of the Implementing Rules and Regulations of Republic Act No. 10354 “The Responsible Parenthood and Reproductive Health Act of 2012. Dissemination of the information to all concemed is requested. By Authority of the Secretary of Health: MADELEINE DE-ROSAS-VALERA, MD, MSclH (Heidelberg) Assistant Secretary of Health Health Policy Finance and Research Development Cluster ailing 1, San Lazaro Compound, Rial Avenue, Sta, Cruz, 1003 Manila © Trunk Line 743-3501 Direct Lin’ T1T3S01 an: 74-1829; 749-1796 6 URL: hitpsiwwsdah gop eal: oxsdoh go.Implementing Rules and Regulations of Republic Act No. 10354 (The Responsible Parenthood and Reproductive Health Act of 2012) WHEREAS, Having taken effect on January 17, 2013 in large part due to the strong advocacy of stakeholders and the commitment of Government, Republic Act No. 10354 or “The Responsible Parenthood and Reproductive Health Act of 2012” (RPRH Act) has become the focal point for convergence of multi-sectoral efforts toward the improvement of health outcomes; WHEREAS, Partnership with local governments as lead implementers of basic health services is central to the success of the RPRH Act, hence the active participation in the process of implementing rules and regulations (IRR) drafting and commitment to implementation thereof by the League of Provinces of the Philippines; the League of Cities of the Philippines; and the League of Municipalities of the Philippines; WHEREAS, Delivery of responsible parenthood and reproductive health services and information is at the core of implementation of the mandate given by the RPRH Act, hence the active participation in IRR drafting and commitment to implementation thereof by Civil Society Organizations (CSOs) such as Likhaan Center for Women’s Health; Reproductive Health, Rights, and Ethics Center for Studies and Training; Women’s Health Care Foundation; Philippine Medical Association; Philippine Obstetrical and Gynecological Society; Alliance of Young Nurse Leaders and Advocates Intemational; and Bishops- Businessmen’s Conference for Human Development in collaboration with national government agencies such as the Department of Health, Department of Education, Department of Social Welfare and Development; Department of the Interior and Local Government; National Economic and Development Authority; Philippine Health Insurance Corporation; and the Philippine Commission on Women; WHEREAS, Pursuant to Section 26 of the RPRH Act, the Drafting Committee wa convened on January 22, 2013 and completed its work on March 15, 2013; NOW, THEREFORE, the following rules and regulations are hereby promulgated as the Implementing Rules and Regulations of Republic Act No. 10354: CHAPTER I ~ General Provisions RULE 1 - Preliminary Provisions Seetion 1.01 Title, These Rules shall be known and cited as the Implementing Rules and Regulations of Republic Act No. 10354, otherwise known as “The Responsible Parenthood and Reproductive Health Act of 2012” or the RPRH Act. Section 1.02 Purpose. These Rules are hereby promulgated to prescribe the procedures and guidelines for the implementation of the RPRH Act in order to facilitate compliance therewith and to achieve the objectives thereof. Section 1.03 Interpretation Clause. These Rules 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.Implementing Rules and Regulations of R.A. No. 10354 Section 1.04 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 {o 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 unbom 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 instil 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 @ 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: 2) 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; ©) The right of the family to a family living wage and income; and 4) The right of families or family associations to participate in the planning and implementation of policies and programs that affect them. 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.