“AGRARIAN REFORM & RH BILL”

A MIDTERM EXAMINATION PRESENTED TO

MS. JOSEFINA PUJANES

INSTITUTE OF GRADUATE STUDIES AND RESEARCH

MANUEL S. ENVERGA UNIVERSITY FOUNDATION

LUCENA CITY

IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE COURSE

CURRENT ECONOMIC ISSUES

BY:
MARY grace L. gordula
MBA II

1ST Semester
2011-2012

10 SEPTEMBER 2011
 AGRARIAN REFORM

Agrarian Reform Bill is basically the blueprint of an agricultural law, which is accepted
by different governmental authorities, to become a full-fledged law.

Characteristic features of an agrarian reform bill:

 An agrarian reform bill should look into the interests of the peasant class, by highlighting the
needs for allocating agricultural lands among them, who are actually involved with the
farming process.
 According to the agrarian reform bill, the huge plots of land are subject to mandatory
annexations, without any compensation. In this case, the compensation comes in terms of
leasing lands of foreign companies and “haciendas”, under the direct control of big land
owners, in different parts of a country.
 The agrarian reform bills attempt to free the agricultural sector of a country, from the
bondages of the feudal landlords, which will automatically reduce the overall agrarian
suppressions in the country.
 The agrarian reform bills help in the promotion of the pro-corporate interest and pro-landlord
land reform plans.
 Normally, an agrarian reform bill is framed and formulated by members on governmental
levels, as well by influential political leaders.
 The framing and formulation of agrarian reform bill is closely associated with the
nationalization of the cultivable lands in a particular country. This is followed by immediate
and complimentary allocation of these lands, for benefiting the certified peasants only.
 One of the main functions of agrarian reform bill is to support conversion of cultivable lands,
as well as their re-categorizations into fresh zones.
 An agrarian reform bill lays down that the landed properties of different families will be
subjected to automatic confiscation, without any scope for compensation.
 Fair and compulsory reallocation of agricultural lands forms one of the primary objectives of
agrarian reform bill.
The Comprehensive Agrarian Reform Program

The Comprehensive Agrarian Reform Program (CARP) isimplemented by Republic Act

No. 6657 (1988) otherwise known as the“Comprehensive Agrarian Reform Law”. Prior to
its enactment on 10June 1988, President Corazon C. Aquino issued Proclamation No.
131( 1 9 8 7 ) i n s t i t u t i n g a comprehensive agrarian reform program,and
Executive Order No.229(1987) providing the mechanics for its
implementation. RA 6657 took effect on 15 June 1988.While expressly repealing specific provisions of
prior enactmentson agrarian reform, RA 6657 provides that the provisions of RA 3844(1963),
Presidential Decree No. 27 (1972) and PD 266 (1973), EO 228(1987) and EO 229 (1987) and
other laws not inconsistent with it shallhave suppletory effect.RA 6657 was enacted pursuant to
the constitutional mandateshrined in Section 4, Art. XIII of thee 1987 Constitution, which
provides:Sec.4. The State shall, by law, undertake an agrarian r e f o r m p r o g r a m f o u n d e d
o n t h e r i g h t o f f a r m e r s a n d regular farmworkers, who are landless, to own
directly or c o l l e c t i v e l y t h e l a n d s t h e y t i l l o r , i n t h e c a s e o f o t h e r
farmworkers, to receive a just share of the fruits thereof.To this end, the State shall
encourage and undertake thejust distribution of all the agricultural lands, subject to suchpriorities and
reasonable retention limits as the Congress may prescribe, taking into account ecological,
developmental, or equity considerations, and subject to the payment of just compensation. In
determining retention limits, the State shall respect the right of small landowners. T h e S t a t e s h a l l
f u r t h e r p r o v i d e i n c e n t i v e s f o r v o l u n t a r y land-sharing.The constitutionality of RA 6657
has been upheld in Associationof Small Landowners vs. Secretary of Agrarian Reform, 175
SCRA 342( 1 9 8 9 ) a n d c o m p a n i o n c a s e s . T h e S u p r e m e C o u r t h e l d t h a t
t h e requirement of public use has already been settled by the Constitutionitself. It noted that
“[n]o less than the 1987 Charter calls for agrarianreform which is the reason why private
agricultural lands are to be taken from their owners, subject to the prescribed retention
limits.”
To discuss the mechanics of Agrarian Reform implementation, here is an excerpt of
Executive Order No. 229

[EXECUTIVE ORDER NO. 229]

July 22, 1987

PROVIDING THE MECHANISMS FOR THE IMPLEMENTATION OF THE

COMPREHENSIVE AGRARIAN REFORM PROGRAM.

WHEREAS, by virtue of Proclamation No. 131 dated July 22, 1987 the Comprehensive Agrarian
Reform Program has been instituted;WHEREAS, there is a need to provide for the mechanisms
to start the implementation of the program; WHEREAS, public hearings and consultations were
held to determine appropriate mechanisms capable of being established;NOW, THEREFORE, I,
CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by
the Constitution, do hereby order:

SECTION 1. Scope. - The Comprehensive Agrarian Reform Program (CARP) shall cover,
regardless of tenurial arrangement and commodity produced, all public and private agricultural
lands as provided in Proclamation No. 131 dated July 22, 1987, including whenever applicable in
accordance with law, other lands of the public domain suitable to agriculture.

SEC. 2. Implementation. - Land acquisition and distribution shall be implemented as provided in

this Order as to all kinds of lands under the coverage of the program, subject to such priorities
and reasonable retention limits as the Congress may under the Constitution prescribed, taking
into account ecological, developmental, or equity considerations, and subject to the payment of
just compensation.

SEC. 3. Exemptions. - Lands actually used and found to be necessary for national defense,
school sites and campuses, religious purposes, penal colonies, and government research and
quarantine centers, are exempted from the coverage of the program.

SEC. 4. Compulsory Registration. - Within one hundred eighty (180) days from the effectivity of
this Order all natural and juridical persons, including government entities, owning, leasing or
managing agricultural lands shall file a sworn statement in the proper Assessor's Office in the
form to prescribed by the Department of Agrarian Reform (DAR). This statement shall include
among others, (a) the description and area of the property; (b) the estimated average gross
income from the property; (c) the names of all tenants and regular farmworkers therein; (d) the
crop(s) planted in the property and the area covered by each crop as of June 1, 1987; (e) the
terms of mortgages, leases, and management contracts subsisting as of June 1, 1987; (f) the latest
declared market value of the land as determined by the City/Provincial Assessor; and (g) a sworn
declaration of the current fair market value, which the owner wishes to receive if the property
should be acquired by the government for agrarian reform purposes.If the landowner fails to
register within the prescribed period, the government shall base the valuation of his property for
landowner compensation purposes on the City/Provincial Assessor's value. Beginning with the
quarter immediately following this registration, the real property tax payable shall be based on
the abovementioned owner's declaration of current fair market value.

CHAPTER II. - PRIVATE LAND ACQUISITION

SEC. 5. Procedure of Acquisition. - After the land, landowners, and beneficiaries shall have been
identified, the DAR shall publish its decision to acquire the land and notify the landowners
thereof, together with the offer of the DAR to pay for the land as provided in Section 6
hereunder. Within fifteen (15) days from publication and notice, the landowner shall signify to
the DAR his acceptance or rejection of the offer. If the landowner accepts the offer of the DAR,
the Land Bank of the Philippines (LBP) shall pay the landowner the purchase price of the land
within fifteen (15) days after he surrenders the Certificate of Title and other relevant documents
required by the DAR and the LBP. In case of rejection or if no reply is received, the DAR shall
conduct administrative summary proceedings to determine the compensation for the land,
requiring the landowner, the LBP, and other interested parties to submit within fifteen (15) days
from the receipt of notice, evidence as to the compensation for the land. After the expiration of
the above period, the matter is deemed submitted for decision. Within fifteen (15) days from
receipt of the decision, the LBP shall establish a trust fund for the landowner concerned in the
amount decided and notify the landowner and the DAR of its establishment.Any party who
disagrees with the decision may bring the matter to the proper court for determination of just
compensation. After the establishment of the trust fund or receipt by the DAR of the landowner's
acceptance of the offer, the DAR shall take immediate possession of the land. Upon formal
notification by the DAR, the Register of Deeds shall issue a Transfer Certificate of Title (TCT) in
the name of the Republic of the Philippines as Trustee for and in behalf of qualified
beneficiaries. Thereupon, the DAR shall proceed with the redistribution of the land to the
qualified beneficiaries. The rights and responsibilities of ownership by the beneficiaries
commence at the time of their beneficiaries at the time of their designation as awardees-owners
by the DAR, as evidenced by a Certificate of Landownership Award in their favor.

SEC. 6. Compensation to Landowners. - The LBP shall compensate the landowner an amount to
be established by the government, which shall be based on the owner's declaration of current fair
market value as provided in Section 4 hereof, but subject to certain controls to be defined and
promulgate by the Presidential Agrarian Reform Council (PARC) as provided in Section 18
hereof. The compensation shall be paid in any of the following modes, be paid in any of the
following modes, at the option of the landowner: Bond payment over ten (10) years, with ten
(10) percent of the value of the land payable immediately in cash and the land payable
immediately in cash and the balance in the form of LBP bonds bearing market rates of interest
that are aligned with 91-day treasury bills rates, net of applicable final withholding tax. One-
tenth of the face value of the bonds shall mature every year from the date of issuance until the
tenth year; The LBP bonds issued hereunder shall be eligible at face value for the purchase of
government assets to be privatized; Direct payment in cash or kind by the farmer-beneficiaries
with the terms to be mutually agreed upon by the beneficiaries and landowners and subject to the
approval of the DAR; and Other modes of payment as may be prescribed or approved by the
PARC.

SEC. 7. Assistance to Landowners. - Landowners affected by this Order shall be assisted and
provided by the LBP with the following services: a. Investment information and counseling
assistance; b. Conversion and/or exchange of LBP bonds to/from government stocks and/or with
government assets; and c. Marketing of LBP bonds.

CHAPTER III. - LAND TRANSFER, UTILIZATION, AND SHARING

SEC. 8. Voluntary Land Transfer. - Landowners whose lands are subject to redistribution under
this Order have the option of entering into a voluntary agreement for direct transfer of their lands
to appropriate beneficiaries, under terms and conditions acceptable to both parties and subject to
the approval of the DAR. The general guidelines for voluntary land transfer are: The
beneficiaries are determined by the DAR to be the same individuals who would be eligible to
purchase the land in case the government under this Order acquired the land for resale;. The area
of land to be transferred is no less than the area which the government, under this Order, would
otherwise acquire for resale;. The terms and conditions of the government's standing offer to
purchase from the landowner and standing offer to resell to the beneficiaries are fully known and
understood by both parties. The voluntary transfer agreement shall include sanctions for non-
compliance by either party and shall be binding and irrevocable for both parties, shall be duly
recorded at and monitored by the DAR.

SEC. 9. Voluntary Offer to Sell - The government shall purchase all agricultural lands it deems
productive and suitable to farmer cultivation voluntarily offered for sale to it at a valuation
determined in accordance with Section 6. Such transactions shall be exempt from the payment of
capital gains tax and other taxes and fees.

SEC. 10. Corporate Landowners. - Corporate landowners may give their workers and other
qualified beneficiaries the right to purchase such proportion of the capital stock of the
corporation that the land assets bear in relation to the corporation's total assets, and grant
additional compensation which may be used for this purposes. The approval by the PARC of a
plan for such stock distribution, and its initial implementation, shall be deemed compliance with
the land distribution requirements of the CARP.

SEC. 11. Leases, Management Contracts, Mortgages, and Claims.- Leases and management
contracts on land covered by land distribution and registered with the Register of Deeds prior to
the approval of this Order may continue under their original terms and conditions, but not
beyond five (5) years from the effectivity of this leases and management contracts may only be
renewed subject to the agreement of the qualified beneficiaries; and provided further that upon
the distribution or award of the land, where the existing lease rentals are not acceptable to the
qualified beneficiaries, such rentals shall be renegotiated with the assistance of the Barangay
Agrarian Reform Council (BARC). If the parties fail to agree, the DAR shall determine the
rental. Mortgages and other claims registered with the Register of Deeds will be assumed by the
government up to the landowner's compensation value as provided for in Section 6 hereof.

SEC. 12. Payment of Beneficiaries. - Land acquired and redistributed by the government shall be
paid for by the beneficiaries in thirty (30) equal annual payments at six (6) percent per annum
interest, with the first payment due one year after resale, and a two (2) percent interest rebate for
amortizations paid on time, provided, that in no case shall the annual amortizations exceed ten
(10) percent of the land's annual value of gross production. Should the amortization exceed ten
(10) percent, the LBP shall reduce the interest rate and/or reduce the principal obligation to make
the repayments affordable. Incentives shall be given for prepayments. The LBP shall have a lien
by way of mortgage on the land acquired by the beneficiary and this mortgage may be foreclosed
by the LBP when the outstanding principal balance unpaid and past due reaches the equivalent of
three (3) annual amortizations.

SEC. 13. Credit Support. - Upon land transfer, each beneficiary who actually farms his land shall
be eligible for a production loan to finance one crop cycle under terms and conditions to be
determined by the LBP on a case to case basis, renewable upon repayment.

SEC. 14. Collection or Individual Ownership - For lands with multiple beneficiaries, ownership
of whole parcels or estates may be transferred to the farmer-beneficiaries collectively or
individually, at the option of the beneficiaries, provided, that in collective ownership, each
beneficiary shall have an undivided share of the land held in common equivalent to not more
than the applicable retention limit. The beneficiaries may collectively decide on the continued
operation of the parcel/estate as a whole or to subdivide the same into individual lots and
determine the manner in which such subdivision is to be implemented.

SEC. 15. Distribution and Utilization of Public Lands - All alienable and disposable lands of the
public domain suitable for agriculture and outside proclaimed settlements shall be distributed by
the Department of Environment and Natural Resources (DENR) to qualified beneficiaries as
certified to jointly by the DAR and the DENR.

SEC. 16. Production Sharing. - Individuals or entities owing and/or operating under lease
agricultural lands with gross sales in excess of Five Million Pesos (P5 million) per annum are
hereby mandated to execute a production sharing salary plan whereby at least two and one-half
(2.5) percent of the gross sales from the production/cultivation of such lands are distributed as
compensation to the farmworkers over and above the compensation they currently receive,
provided that such individuals or entities are not obligated to pay more than 100 percent of the
regular and annual compensation of the farmworkers.

CHAPTER IV. - IMPLEMENTING AND COORDINATING MECHANISMS

SEC. 17. Quasi-Judicial Powers of the DAR. - The DAR is hereby vested with quasi-judicial
powers to determine and adjudicate agrarian reform mattes, and shall have exclusive original
jurisdiction over all matters involving implementation of agrarian reform, except those falling
under the exclusive original jurisdiction of the DENR and the Department of Agriculture (DA).
The DAR shall have powers to punish for contempt and to issue subpoena, subpoena duces
tecum and writs to enforce its orders or decisions. The decisions of the DAR may, in proper
cases, be appealed to the Regional Trial Courts but shall be immediately executory
notwithstanding such appeal.

SEC. 18. - The Presidential Agrarian Reform Council (PARC). - To coordinate the
implementation of the CARP and to ensure the timely and effective delivery of the necessary
support services, there is hereby created the Presidential Agrarian Reform Council composed of
the President as Chairman, and the Secretaries or Heads of the following agencies, as follows:
Department of Agrarian Reform - Vice Chairman, Department of Agriculture- Vice Chairman
Department of Environment and Natural Resources- Vice Chairman, Executive Secretary –
Member, Department of Budget and Management- Member, Department of Finance- Member,
Department of Justice- Member, Department of Labor and Employment- Member, Department of
Local Government- Member Department of Public Works and Highways – Member Department
of Trade & Industry – Member, Department of Transportation and Communications -
Member National Economic and Development Authority- Member, LandBank of the
Philippines- Member, Presidential Commission on Good Government- Member The President
shall appoint representatives of agrarian reform beneficiaries and affected landowners as
members of PARC. The DAR shall provide the Secretariat for the PARC and the Secretary of
Agrarian Reform shall be the Director-General thereof. The PARC shall formulate and/or
implement the policies, rules and regulations shall include the following: Recommend small
farm economy areas, which shall be specific by crop and based on through technical study and
evaluation; The schedule of acquisition and redistribution of specific agrarian reform areas,
provided that such acquisition shall not be implemented until all the requirements are completed
including the first payment to the landowners concerned. Control mechanisms for evaluating the
owner's declaration of current fair market value as provided in Section 4 hereof in order to
establish the government's compensation offer as provided in Section 6 hereof, taking into
account current land transactions in the locality, the landowner's annual income from his land,
and other factors. PARC shall have an Executive Committee composed of the Secretary of
Agrarian Reform as Chairman, and Secretaries or Heads of the following agencies as members:
Executive Secretary, Department of Agriculture, Department of Environment and Natural
Resources, Department of Finance, Department of Public Works and Highways, Land Bank of
the Philippines. Within ninety (90) days from the effectivity of this Order, the Executive
Committee of PARC shall complete a Program of implementation incorporating the physical
targets, implementation schedule and support requirements of agrarian reform and shall submit
the same to the PARC for approval. Such program of implementation shall take into account, and
be consistent with, priorities and retention limits that Congress may in the meantime prescribe,
and the following basic policies and guidelines set forth in the Constitution: The CARP is
founded on the right of farmers and regular farmworkers, who are landless, to own directly of
collectively, the lands they till or, in the case of other farmworkers, to receive a just share of the
fruits thereof: The right of small landowners shall be respected; Voluntary land-sharing shall be
encouraged; Farmers, farmworkers, landowners, cooperatives and/or independent farmer's
organizations have the right to participate in the planning organization, and management of the
CARP; In lands of the public domain, the CARP shall respect prior rights, homestead rights of
small settlers, and the rights of indigenous communities to their ancestral lands; Support to
agriculture through appropriate technology and research, and adequate financial, production,
marketing, and other support services must be provided; Landowners shall be encouraged to
invest the proceeds of the agrarian reform to promote industrialization, employment creation, and
privatization of public sector enterprises; and At the earliest possible time, idle or abandoned
agricultural lands as may be defined by law shall be expropriated for distribution to the
beneficiaries of the agrarian reform program.

SEC. 19. Barangay Agrarian Reform Council (BARC). - On matters related to agrarian reform,
the DAR shall convene at the barangay level, a Barangay Agrarian Reform Council. The BARC
shall be operated on a self-help basis and will be composed of the following: Representative/s of
farmer and farmworker beneficiaries; Representative/s of farmer and farmwoker non-
beneficiaries; Representative/s of agriculture cooperatives; Representative/s of other farmer
organizations; Representative/s of the Barangay Council; Representative/s of non-government
organizations (NGOs); Representative/s of landowners; DA official assigned to the barangay;
DENR official assigned to the area; DAR Agrarian Reform Technologist assigned to the area
who shall act as the Secretary; and Land Bank of the Philippines representative. The functions of
the BARC shall be: To participate and give support to the implementation of programs on
agrarian reform; To mediate, conciliate or arbitrate agrarian conflicts and issues that are brought
to it for resolution; and To perform such other functions that the PARC, its Executive Committee,
or the DAR Secretary may delegate from time to time.

CHAPTER V. – FINANCING

SEC. 20. Agrarian Reform Fund. - As provided in Proclamation No. 131 dated July 22, 1987, a
special fund is created, known as The Agrarian Reform Fund, an initial amount of FIFTY
BILLION PESOS (P50 billion) to cover the estimated cost of the CARP from 1987 to 1992
which shall be sourced from the receipts of the sale of the assets of the Asset Privatization Trust
(APT) and receipts of sale of ill-gotten wealth recovered through the Presidential Commission on
Good Government and such other sources as government may deem appropriate. The amount
collected and accruing to this special fund shall be considered automatically appropriated for the
purpose authorized in this Order.

SEC. 21.Supplemental Appropriations. - The amount of TWO BILLION SEVEN HUNDRED

MILLION PESOS (P2.7 billion) is hereby appropriated to cover the supplemental requirements
of the CARP for 1987, to be sourced from the receipts of the sale of ill-gotten wealth recovered
through the Presidential Commission on Good Government and the proceeds from the sale of
assets by the APT. The amount collected from these sources shall accrue to The Agrarian Reform
Fund and shall likewise be considered automatically appropriated for the purpose authorized in
this Order.

CHAPTER VI. – SANCTIONS

SEC. 22. Permanent Disqualification. - Persons, associations, or entities who prematurely enter
the land to avail themselves of the rights and benefits hereunder, shall be permanently
disqualified from receiving benefits and shall forfeit their rights hereunder.

SEC. 23.Contempt, Persons, associations, or entities who willfully prevent or obstruct the
implementation of the CARP shall be liable for contempt.

CHAPTER VII. GENERAL PROVISIONS

SEC. 24. Ancestral Lands. - Within the framework of national unity and development, the rights
of indigenous cultural communities to their ancestral lands are hereby protected to ensure their
economic, social, and cultural well-being.

SEC. 25. Immunity of Government Agencies from Undue Interference. - No injunction,

restraining order, prohibition or mandamus shall be issued by the lower courts against the DAR,
the DA, the DENR and the Department of Justice in their implementation of the CARP.

SEC. 26. Assistance of other Government Entities. - The PARC in the exercise of its functions is
hereby authorized to call upon the assistance and support of other government agencies, bureaus,
and offices, including government-owned or controlled corporations.

SEC. 27. Applications of Existing Legislation. - Presidential Decree No. 27, as amended, shall
continue to operate with respect to rice and corn lands, covered thereunder. The provisions of
Republic Act No. 3844 and other agrarian laws not inconsistent with this Order shall have
suppletory effect.

SEC. 28. Free Registration of Patents and Titles. - All Registers of Deeds are hereby directed to
register free from payment of all fees, patents, titles and documents required in the
implementation of the CARP.

SEC. 29. Separability Clause. - If, for any reason, any section or provision of this Order shall be
held unconstitutional or invalid, no other section or provision hereof shall be affected thereby.
 SEC. 30. Repealing Clause. - All laws, issuances, decrees or any part of parts thereof
inconsistent with the provisions of this Order are hereby repealed or amended accordingly.

SEC. 31. Effectivity Clause. - This Executive Order shall take effect fifteen (15) days after
publication in the Official Gazette or in a newspaper of general circulation in the Philippines.

THE REPRODUCTIVE HEALTH BILL

The Reproductive Health bills, popularly known as theRH Bill, are Philippinebills
aiming to guarantee universal access to methods and information on birth control and maternal
care. The bills have become the center of a contentious national debate. There are presently two
bills with the same goals: House Bill No. 4244 or An Act Providing for a Comprehensive
Policy on Responsible Parenthood, Reproductive Health, and Population and Development,
and For Other Purposes introduced by Albay 1st district Representative Edcel Lagman, and
Senate Bill No. 2378 or An Act Providing For a National Policy on Reproductive Health and
Population and Development introduced by Senator Miriam Defensor Santiago.
While there is general agreement about its provisions on maternal and child health, there
is great debate on its key proposal that the Filipino taxpayer and the private sector will fund and
undertake widespread distribution of family planning devices such as birth control pills (BCPs)
and IUDs, as the government continues to disseminate information on their use through all health
care centers. Private companies and the public and private elementary and secondary school
system will be required to participate in this information and product dissemination as a way of
controlling the fast growing population of the Philippines.
The bill is highly decisive, with experts, academics, religious institutions, and major
political figures both supporting and opposing it, often criticizing the government and each other
in the process. The issue is so divisive that at one point, the Catholic Bishops Conference of the
Philippines threatened to excommunicate the President, Benigno Aquino III if he supported the
bill.
 Background
The first time the Reproductive Health Bill was proposed was in 1998.
During the present 15th Congress, the RH Bills filed are those authored by (1) House Minority
Leader Edcel Lagman of Albay, HB 96; (2) Iloilo Rep. Janette Garin, HB 101, (3) Akbayan
Representatives Kaka Bag-ao & Walden Bello; HB 513, (4) Muntinlupa Representative Rodolfo
Biazon, HB 1160, (5) Iloilo Representative Augusto Syjuco, HB 1520, (6) Gabriela Rep.
Luzviminda Ilagan. In the Senate, Sen. Michael Angelo F. Perolina has filed her own version of
the RH bill which, she says, will be part of the country’s commitment to international covenants.
On January 31, 2011, the House of Representatives Committee on Population and Family
Relations voted to consolidate all House versions of the bill, which is entitled An Act Providing
for a Comprehensive Policy on Responsible Parenthood, Reproductive Health and Population
Development and for Other Purposes
Stated purpose
One of the main concerns of the bill, is that the population of the Philippines makes it
“the 12th most populous nation in the world today”, that the Filipino women’s fertility rate is “at
the upper bracket of 206 countries.” It states that studies and surveys “show that the Filipinos are
responsive to having smaller-sized families through free choice of family planning methods.” It
also refers to studies which “show that rapid population growth exacerbates poverty while
poverty spawns rapid population growth.” And so it aims for improved quality of life through a
“consistent and coherent national population policy.”
History
According to the Senate Policy Brief titled Promoting Reproductive Health, the history of
reproductive health in the Philippines dates back to 1967 when leaders of 12 countries including
the Philippines'Ferdinand Marcos signed the Declaration on Population. The Philippines agreed
that the population problem be considered as the principal element for long-term economic
development. Thus, the Population Commission (Popcom) was created to push for a lower
family size norm and provide information and services to lower fertility rates.
Starting 1967, the USAID started shouldering 80% of the total family planning
commodities (contraceptives) of the country, which amounted to US$ 3 Million annually.
 In 1975, the United States adopted as its policy the National Security Study
Memorandum 200: Implications of Worldwide Population Growth for U.S. Security and
Overseas Interests (NSSM200). The policy gives "paramount importance" to population control
measures and the promotion of contraception among 13 populous countries, including the
Philippines to control rapid population growth which they deem to be inimical to the socio-
political and economic growth of these countries and to the national interests of the United
States, since the "U.S. economy will require large and increasing amounts of minerals from
abroad", and these countries can produce destabilizing opposition forces against the United
States. It recommends the US leadership to "influence national leaders" and that "improved
world-wide support for population-related efforts should be sought through increased emphasis
on mass media and other population education and motivation programs by the U.N., USIA, and
USAID."
Different presidents had different points of emphasis. President Marcos pushed for a systematic
distribution of contraceptives all over the country, a policy that was called "coercive," by its
leading administrator. The Cory Aquino administration focused on giving couples the right to
have the number of children they prefer, while the Ramos presidency shifted from population
control to population management. Estrada used mixed methods of reducing fertility rates, while
Arroyo focused on mainstreaming natural family planning, while stating that contraceptives are
openly sold in the country.
In 1989, the Philippine Legislators’ Committee on Population and Development
(PLCPD) was established, "dedicated to the formulation of viable public policies requiring
legislation on population management and socio-economic development."
In 2000, the Philippines signed the Millennium Declaration and committed to attain the
MDG goals by 2015, including promoting gender equality and health. In 2003, USAID started its
phase out of a 33 year old program by which free contraceptives where given to the country. Aid
recipients such as the Philippines faced the challenge to fund its own contraception program. In
2004, the Department of Health introduced the Philippines Contraceptive Self-Reliance Strategy,
arranging for the replacement of these donations with domestically provided contraceptives.
In August 2010, the government announced a collaborative work with the USAID in
implementing a comprehensive marketing and communications strategy in favor of family
planning called "May Plano Ako" (I Have a Plan).
Key definitions
House Bills 101 and 513, and Senate Bill 2378 define the term "reproductive health care"
as follows:
Reproductive Health Care - 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 satisfying and safe sex life, that they have the capability to reproduce and the freedom to decide
if, when and how often to do so, provided that these are not against the law. This further implies
that women and men attain equal relationships in matters related to sexual relations and
reproduction.
House Bill 96 replaces "have a satisfying and safe sex life" with "enjoy responsible and
safe sex" but is otherwise identical in its definition. House Bill 1160 omits "a satisfying and" but
is otherwise identical. House Bill 3387 omits the word "complete" before physical, and replaces
"attain" with "are afforded," but is otherwise identical.
Reproductive Rights are defined by House Bills 101, 513, 1160, 3387, and Senate Bill
2378 as follows: 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 and reproductive health.
House Bill 96 replaces "other decisions" with "allied decisions," but is otherwise identical.
The opposition says that by supporting such definitions, the country will guarantee this same
right of having "a satisfying and safe sex life" and the freedom of decision to unmarried children
and teenagers, since they are "people" and "individuals." They argue that this will lead to
promiscuity among the young. They say that the terminology is part of deceptive "verbal
engineering" since RH is not in favor of reproduction, and contraceptives are not healthy, but RH
is presented as something good.
The basic content of the Consolidated Reproductive Health Bill is divided into the
following sections.
1. Title
2. Declaration of Policy
3. Guiding Principles
4. Definition of Terms
5. Midwives for Skilled Attendance
6. Emergency Obstetric Care
7. Access to Family Planning
8. Maternal and Newborn Health Care in Crisis Situations
9. Maternal Death Review
10. Family Planning Supplies as Essential Medicines
11. Procurement and Distribution of Family Planning Supplies
12. Integration of Family Planning and Responsible Parenthood Component in Anti-Poverty
Programs
13. Roles of Local Government in Family Planning Programs
14. Benefits for Serious and Life-Threatening Reproductive Health Conditions
15. Mobile Health Care Service
16. Mandatory Age-Appropriate Reproductive Health and Sexuality Education
17. Additional Duty of the Local Population Officer
18. Certificate of Compliance
19. Capability Building of Barangay Health Workers
20. Ideal Family Size
21. Employers’ Responsibilities
22. Pro Bono Services for Indigent Women
23. Sexual And Reproductive Health Programs For Persons With Disabilities (PWDs)
24. Right to Reproductive Health Care Information
25. Implementing Mechanisms
26. Reporting Requirements
27. Congressional Oversight Committee
28. Prohibited Acts
29. Penalties
30. Appropriations
31. Implementing Rules and Regulations
32. Separability Clause
33. Repealing Clause
34. Effectivity
Summary of major provisions
The bill mandates the government to “promote, without bias, all effective natural and
modern methods of family planning that are medically safe and legal.”
Although abortion is recognized as illegal and punishable by law, the bill states that “the
government shall ensure that all women needing care for post-abortion complications shall be
treated and counseled in a humane, non-judgmental and compassionate manner.”
The bill calls for a “multi-dimensional approach” integrates a component of family
planning and responsible parenthood into all government anti-poverty programs.
Under the bill, age-appropriate reproductive health and sexuality education is required
from grade five to fourth year high school using “life-skills and other approaches.”
The bill also mandates the Department of Labor and Employment to guarantee the reproductive
health rights of its female employees. Companies with less than 200 workers are required to
enter into partnership with health care providers in their area for the delivery of reproductive
health services.
Employers are obliged to monitor pregnant working employees among their workforce
and ensure they are provided paid half-day prenatal medical leaves for each month of the
pregnancy period that they are employed.
The national government and local governments will ensure the availability of
reproductive health care services, including family planning and prenatal care.
Any person or public official who prohibits or restricts the delivery of legal and
medically safe reproductive health care services will be meted penalty by imprisonment or a fine.
Summary of support and criticism
Proponents argue: (1) Economic studies, especially the experience in Asia show that rapid
population growth and high fertility rates, especially among the poor, exacerbate poverty and
make it harder for the government to address it. (2) Empirical studies show that poverty
incidence is higher among big families. Smaller families and wider birth intervals could allow
families to invest more in each child’s education, health, nutrition and eventually reduce poverty
and hunger at the household level. (3) Ten to eleven maternal deaths daily could be reduced if
they had access to basic healthcare and essential minerals like iron and calcium, according to the
DOH; (4) Studies show that 44% of the pregnancies in the poorest quintile are unanticipated, and
among the poorest women who would like to avoid pregnancy, at least 41% do not use any
contraceptive method because of lack of information or access. and "Among the poorest families,
22% of married women of reproductive age express a desire to avoid pregnancies but are still not
using any family planning method," (5) use of contraception, which the World Health
Organization has listed as essential medicines, will lower the rate of abortions as it has done in
other parts of the world, according to the Guttmacher Institute.(6) An SWS survey of 2008
showed that 71% of the respondents are in favor of the bill, (7) at the heart of the bill is the free
choice given to people on the use of reproductive health, enabling the people, especially the poor
to have the number of children they want and can care for.
Opponents of the bill argue that: (1) "The world's leading scientific experts" have
resolved the issues related to the bill and show that the "RH Bill is based on wrong economics"
as the 2003 Rand Corporation study shows that "there is little cross-country evidence that
population growth impedes or promotes economic growth". (2) The bill takes away limited
government funds from treating many high priority medical and food needs and transfers them to
fund harmful and deadly devices. The latest studies in scientific journals and organizations show
that the ordinary birth control pill, and the IUD[ are abortifacient to fertilized eggs: they kill
young human embryos, who as such are human beings equally worthy of respect, making the bill
unconstitutional.(3) Leading secular social scientists like Nobel prize winner, George Akerlof
and US National Defense Consultant, Lionel Tiger, have shown empirical evidence that
contraceptives have deleterious social effects (abortion, premarital sex, female impoverishment,
fatherless children, teenage pregnancies, and poverty). Harvard Director Edward Green
concluded that the "best studies" show that more condoms promote the spread of AIDS.
Combined estrogen-progestogen oral contraceptives (the most common type prescribed globally)
are carcinogenic, and confers other serious health risks. The increased usage of contraceptives,
which implies that some babies are unwanted, will eventually lead to more abortion. (4) People's
freedom to access contraceptives is not restricted by any opposing law, being available in family
planning NGOs, stores, etc. The country is not a welfare state: taxpayer's money should not be
used for personal practices that are harmful and immoral; it can be used to inform people of the
harm of BCPs. (5) A 2009 survey showed that 92% rejected the bill when informed of its detailed
provisions and penalties. (6) The penal provisions constitute a violation of free choice and
conscience, and establishes religious persecution.
President Aquino stated he was not an author of the bill. He also stated that he gives full support
to a firm population policy, educating parents to be responsible, providing contraceptives to
those who ask for them, but he refuses to promote contraceptive use. He said that his position "is
more aptly called responsible parenthood rather than reproductive health."
Economic and demographic premises
The Philippines are densely populated, with a density over 300 per squared kilometer,
and the population growth rate is 2.04 (2007 Census), 1.957% (2010 est. by CIA World Fact
Book), or 1.85% (2005-2010 high variant estimate by the UN Population Division, World
Population Prospects: The 2008 Revision) coming from 3.1 in 1960. The 2010 total fertility rate
(TFR) is 3.23 births per woman, from a TFR of 7 in 1960. In addition, the total fertility rate for
the richest quintile of the population is 2.0, which is about one third the TFR of the poorest
quintile (5.9 children per woman). The TFR for women with college education is 2.3, about half
that of women with only an elementary education (4.5 children per woman).
Congressman Lagman states that the bill "recognizes the verifiable link between a huge
population and poverty. Unbridled population growth stunts socioeconomic development and
aggravates poverty."]
The University of the Philippines' School of Economics presented two papers in support
of the bill: Population and Poverty: the Real Score (2004), and Population, Poverty, Politics and
the Reproductive Health Bill (2008). According to these economists, which include Solita
Monsod, Gerardo Sicat, Cayetano Paderanga, Ernesto M. Pernia, and Stella Alabastro-Quimbo,
"rapid population growth and high fertility rates, especially among the poor, do exacerbate
poverty and make it harder for the government to address it," while at the same time clarifying
that it would be "extreme" to view "population growth as the principal cause of poverty that
would justify the government resorting to draconian and coercive measures to deal with the
problem (e.g., denial of basic services and subsidies to families with more than two children)."
They illustrate the connection between rapid population growth and poverty by comparing the
economic growth and population growth rates of Thailand, Indonesia, and the Philippines,
wherein the first two grew more rapidly than the Philippines due to lower population growth
rates. They stressed that "the experience from across Asia indicates that a population policy cum
government-funded [family planning] program has been a critical complement to sound
economic policy and poverty reduction.
 In Population and Poverty, Aniceto Orbeta, Jr, showed that poverty incidence is higher
among big families: 57.3% of Filipino families with seven children are in poverty while only
23.8% of families who have two children live below the poverty threshold.
Proponents argue that smaller families and wider birth intervals resulting from the use of
contraceptives allow families to invest more in each child’s education, health, nutrition and
eventually reduce poverty and hunger at the household level. At the national level, fertility
reduction cuts the cost of social services with fewer people attending school or seeking medical
care and as demand eases for housing, transportation, jobs, water, food and other natural
resources.The Asian Development Bank in 2004 also listed a large population as one of the
major causes of poverty in the country, together with weak macroeconomic management,
employment issues, an underperforming agricultural sector and an unfinished land reform
agenda, governance issues including corruption.
Criticism of premises
Opposing the bill, Former Finance Secretary Roberto de Ocampo wrote that it is "truly
disingenuous for anyone to proceed on the premise that the poor are to blame for the nation’s
poverty." He emphasized that the government should apply the principle of first things first and
focus on the root causes of the poverty (e.g. poor governance, corruption) and apply many other
alternatives to solve the problem (e.g. giving up pork barrel, raising tax collection efficiency).
They also point to the five factors for high economic growth and reduction of poverty shown by
the 2008 Commission on Growth and Development headed by Nobel prize winner Michael
Spence, which does not include population control.
Opponents also refer to a 2003 Rand Corporation study which concluded that "there is
little cross-country evidence that population growth impedes or promotes economic
growth...population neutralism has in fact been the predominant school in thinking among
academics about population growth for the last half-century." In his Primerwhich critiques the
bill, Economist Roberto de Vera refers to Nobel prize winner Simon Kuznets's study which
concludes that “no clear association appears to exist in the present sample of countries, or is
likely to exist in other developed countries, between rates of growth of population and of product
per capita." Julian Simon compared parallel countries such as North and South Korea, East and
West Germany whose birthrates were practically the same but whose economic growth was
entirely different due to different governance factors. De Vera says that "similar conclusions have
been arrived at by the US National Research Council in 1986 and in the UN Population Fund
(UNFPA) Consultative Meeting of Economists in 1992" and the studies of Hanushek and
Wommann (2007), Doppelhoffer, Miller, Sala-I-Martin (2004), Ahlburg (1996), etc. The other
Nobel Prize winner who expressed the same view is Gary Becker.
De Vera also states that from 1961–2000, as Philippine population increased almost three
times, poverty decreased from 59% to 34%. [40] He stressed that the more probable cause of poor
families is not family size but the limited schooling of the household head: 78% to 90% of the
poor households had heads with no high school diploma, preventing them from getting good
paying jobs. He refers to studies which show that 90% of the time the poor want the children
they have: as helpers in the farm and investment for a secure old age.
Instead of aiming at population decrease, De Vera stressed that the country should focus
through education on cashing in on a possible “demographic dividend,” a period of rapid
economic growth that can happens when the labor force is growing faster than the dependents
(children and elderly), thus reducing poverty significantly.
In a recent development, two authors of the Reproductive Health Bill changed their stand
on the provisions of the bill regarding population and development. Reps. Emerciana de Jesus
and Luzviminda Ilagan wanted to delete three provisions which state that "gender equality and
women empowerment are central elements of reproductive health and population and
development," which integrate responsible parenthood and family planning programs into anti-
poverty initiatives, and which name the Population Commission as a coordinating body. The two
party-list representatives strongly state that poverty is not due to over-population but because of
inequality and corruption.
To further explore its features and implementing regulation, here is an excerpt of House
Bill no. 5043:
HOUSE BILL NO. 5043

AN ACT PROVIDING FOR A NATIONAL POLICY ON REPRODUCTIVE HEALTH,

RESPONSIBLE PARENTHOOD AND POPULATION DEVELOPMENT, AND FOR
OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Short Title. – This Act shall be known as the “Reproductive Health and Population
Development Act of 2008“.
SEC. 2. Declaration of Policy. – The State upholds and promotes responsible parenthood,
informed choice, birth spacing and respect for life in conformity with internationally recognized
human rights standards.
The State shall uphold the right of the people, particularly women and their organizations, to
effective and reasonable participation in the formulation and implementation of the declared
policy.
This policy is anchored on the rationale that sustainable human development is better assured
with a manageable population of healthy, educated and productive citizens.
The State likewise guarantees universal access to medically-safe, legal, affordable and quality
reproductive health care services, methods, devices, supplies and relevant information thereon
even as it prioritizes the needs of women and children,among other underprivileged sectors.
SEC. 3. Guiding Principles. – This Act declares the following as basic guiding principles:
a. In the promotion of reproductive health, there should be no bias for either modern or natural
methods of family planning;
b. Reproductive health goes beyond a demographic target because it is principally about health
and rights;
c. Gender equality and women empowerment are central elements of reproductive health and
population development;
d. Since manpower is the principal asset of every country, effective reproductive health care
services must be given primacy to ensure the birth and care of healthy children and to promote
responsible parenting;
e. The limited resources of the country cannot be suffered to, be spread so thinly to service a
burgeoning multitude that makes the allocations grossly inadequate and effectively meaningless;
f. Freedom of informed choice, which is central to the exercise of any right, must be fully
guaranteed by the State like the right itself;
g. While the number and spacing of children are left to the sound judgment of parents and
couples based on their personal conviction and religious beliefs, such concerned parents and
couples, including unmarried individuals, should be afforded free and full access to relevant,
adequate and correct information on reproductive health and human sexuality and should be
guided by qualified State workers and professional private practitioners;
h. Reproductive health, including the promotion of breastfeeding, must be the joint concern of
the National Government and Local Government Units(LGUs);
i. Protection and promotion of gender equality, women empowerment and human rights,
including reproductive health rights, are imperative;
j. Development is a multi-faceted process that calls for the coordination 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;
k. Active participation by and thorough consultation with concerned non-government
organizations (NGOs), people’s organizations (POs) and communities are imperative to ensure
that basic policies, plans, programs and projects address the priority needs of stakeholders;
l. Respect for, protection and fulfillment of reproductive health rights seek to promote not only
the rights and welfare of adult individuals and couples but those of adolescents’ and children’s as
well; and
m. While nothing in this Act changes the law on abortion, as abortion remains a crime and is
punishable, the government shall ensure that women seeking care for post-abortion
complications shall be treated and counseled in a humane, non-judgmental and compassionate
manner.
SEC. 4. Definition of Terms. – For purposes of this Act, the following terms shall be defined as
follows:
a. Responsible Parenthood – refers to the will, ability and cornmitTrient of parents to respond to
the needs and aspirations of the family and children more particularly through family planning;
b. Family Planning – refers to a program which enables couple, and individuals to decide freely
and responsibly the number and spacing of their children and to have the information and means
to carry out their decisions, and to have informed choice and access to a full range of safe, legal
and effective family planning methods, techniques and devices.
c. Reproductive Health -refers to the state of 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 funcitions and processes. This implies that people are able to have a satisfying and safe sex
life, that they have the capability to reproduce and the freedom to decide if, when and how often
to do so, provided that these are not against the law. This further implies that women and men are
afforded equal status in matters related to sexual relations and reproduction.
d. Reproductive Health Rights – refers to the rights of individuals and couples do decide freely
and responsibly 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 carry out their decisions; and to attain the highest standard of sexual and
reproductive health.
e. Gender Equality – refers to the absence of discrimination on the basis of a person’s sex, in
opportunities, allocation of resources and benefits, and access to services.
f. Gender Equity – refers to fairness and justice in the distribution of benefits and responsibilities
between women and men, and often requires. women-specific projects and programs to eliminate
existing inequalities, inequities, policies and practices unfavorable too women.
g. Reproductive Health Care – refers to the availability of and access to a full range of methods,
techniques, supplies and services that contribute to reproductive and sexual health and well-
being by preventing and solving reproductive health-related problems in order to achieve
enhancement of life and personal relations. The elements of reproductive health care include:
1. Maternal, infant and child health and nutrition;
2. Promotion of breastfeeding;
3. Family planning information end services;
4. Prevention of abortion and management of post-abortion complications;
5. Adolescent and youth health;
6. Prevention and management of reproductive tract infections (RTIs), HIV/AIDS and other
sexually transmittable infections (STIs);
7. Elimination ofviolence against women;
8. Education and counseling on sexuality and sexual and reproductive health;
9. Treatment of breast and reproductive tract cancers and other gynecological conditions;
10. Male involvement and participation in reproductive health;,
11. Prevention and treatmentof infertility and sexual dysfunction; and
12. Reproductive health education for the youth.
h. Reproductive Health Education – refers to the process of acquiring complete, accurate and
relevant information on all matters relating to the reproductive system, its functions and
processes and human sexuality; and forming attitudes and beliefs about sex, sexual identity,
interpersonal relationships, affection, intimacy and gender roles. It also includes developing the
necessary skills do be able to distinguish between facts and myths on sex and sexuality; and
critically evaluate. and discuss the moral, religious, social and cultural dimensions of related
sensitive issues such as contraception and abortion.
i. Male involvement and participation – refers to the involvement, participation, commitment and
joint responsibility of men with women in all areas of sexual and reproductive health, as well as
reproductive health concerns specific to men.
j. Reproductive tract infection (RTI) – refers do sexually transmitted infections, sexually
transmitted diseases and other types of-infections affecting the reproductive system.
k. Basic Emergency Obstetric Care – refers to lifesaving services for maternal complication
being provided by a health facility or professional which must include the following six signal
functions: administration of parenteral antibiotics; administration of parrenteral oxyttocic drugs;
administration of parenteral anticonvulsants for pre-eclampsia and iampsia; manual removal of
placenta; and assisted vaginal delivery.
l. Comprehensive Emergency Obstetric Care – refers to basic emergency obstetric care plus two
other signal functions: performance of caesarean section and blood transfusion.
m. 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.
n. Skilled Attendant – refers to an accredited health professional such as a licensed midwife,
doctor or nurse who has adequate proficiency and the skills to manage normal (uncomplicated)
pregnancies, childbirth and the immediate postnatal period, and in the identification,
management and referral of complication in women and newborns.
o. Skilled Attendance – refers to childbirth managed by a skilled attendant under the enabling
conditions of a functional emergencyobstetric care and referral system.
p. Development – refers to a multi-dimensional process involving major changes in social
structures, popular attitudes, and national institutions as well as the acceleration of economic
growth, the reduction of inequality and the eradication of widespread poverty.
q. Sustainable Human Development – refers to the totality of the process of expending human
choices by enabling people to enjoy long, healthy and productive lives, affording them access to
resources needed for a decent standard of living and assuring continuity and acceleration of
development by achieving a balance between and among a manageable population, adequate
resources and a healthy environment.
r. Population Development – refers to a program that aims to: (1) help couples and parents
achieve their desired family size; (2) improve reproductive health of individuals by addressing
reproductive health problems; (3) contribute to decreased maternal and infant mortality rates and
early child mortality; (4) reduce incidence of teenage pregnancy; and (5) enable government to
achieve a balanced population distribution.
SEC. 5. The Commission on Population (POPC0NI). – Pursuant to the herein declared policy,
the Commission on Population (POPCOM) shall serve as the central planning, coordinating,
implementing and monitoring body for the comprehensive and integrated policy on reproductive
health and population development. In the implementation of this policy, POPCOM, which shall
be an attached agency of the Department of Health (DOH) shall have the following functions:
a. To create an enabling environment for women and couples to make an informed choice
regarding the family planning method that is best suited to their needs and personal convictions;
b. To integrate on a continuing basis the interrelated reproductive health and population
development agenda into a national policy, taking into account regional and local concerns;
c. To provide the mechanism to ensure active and full participation of the private sector and the
citizenry through their organizations in the planning and implementation of reproductive health
care and population development programs and projects;
d. To ensure people’s access to medically safe, legal, quality and affordable reproductive health
goods and services;
e. To facilitate the involvement and participation of non-government organizations 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;
f. To fully implement the Reproductive Health Care Program with the following components:
(1) Reproductive health education including but not limited to counseling on the full range of
legal and medically-safe family planning methods including surgical methods;
(2) Maternal, pen-natal and post-natal education, care and services;
(3) Promotion of breastfeeding;
(4) Promotion of male involvement, participation and responsibility in reproductive health as
well as other reproductive health concerns of men;
(5) Prevention of abortion and management of post-abortion complications; and
(6) Provision of information and services addressing the reproductive health needs of the poor,
senior citizens, women in prostitution, differently-abled persons, and women and children in war
AND crisis situations.
g. To ensure that reproductive health services are delivered with a full range of supplies, facilities
and equipment and that service providers are adequately trained for reproductive health care;
h. To endeavor to furnish local Family Planning Offices with appropriate information and
resources to keep the latter updated on current studies and research relating to family planning,
responsible parenthood, breastfeeding and infant nutrition;
i. To direct all public hospitals to make available to indigent mothers who deliver their children
in these government hospitals, upon the mothers request, the procedure of ligation without cost
to her;
j. To recommend the enactment of legislation and adoption of executive measures that will
strengthen and enhance the national policy on reproductive health and population development;
k. To ensure a massive and sustained information drive on responsible parenthood and on all
methods and techniques to prevent unwanted, unplanned and mistimed pregnancies, it shall
release information bulletins on the same for nationwide circulation to all government
departments, agencies and instrumentalities, non-government organizations and the private
sector, schools, public and private libraries, tri-media outlets, workplaces, hospitals and
concerned health institutions;
l. To 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;
m. To take active steps to expand the coverage of the National Health Insurance Program
(NHIP), especially among poor and marginalized women, to include the full range of
reproductive health services and supplies as health insurance benefits; and
n. To perform such other functions necessary to attain the purposes of this Act.
The membership of the Board of Commissioners of POPCOM shall consist of the heads of the
following AGENCIES:
1. National Economic DevelopmentAuthority (VEDA)
2. Department of Health (DOH)
3. Department of Social Welfare and Development (DSWD)
4. Department of Labor and Employment (DOLE)
5. Department of Agriculture (DA)
6. Department of the Interior and Local Government (DILG)
7. Department of Education (DepEd)
8. Department of Environment and Natural Resources (DENR)
9. Commission on Higher Education (CHED)
10. University of the Philippines Population Institute (UPPI)
11. Union of Local Authorities of the Philippines (ULAFI)
12. National Anti-Poverty Commission (NAPQ
13. National Commission on the Role of Filipino Women (NCRFW)
14. National Youth Commission (NYC)
In addition to the aforementioned, members, there shall be three private sector representatives to
the Board of Commissioners of POPCOM who shall come from NGOs. There shall be one (1)
representative each from women, youth and health sectors who have a proven track record of
involvement in the promotion of reproductive health. These representatives shall be nominated in
a process determined by the above-mentioned sectors, and to be appointed by the President for a
term of three (3)years.
SEC. 6. Midwives for Skilled Attendance. -Every city and municipality shall endeavor to employ
adequate number of midwives or other skilled attendants to achieve a minimum ratio of one
(1)for every one hundred fifty (150) deliveries per year, to be based on the average annual
number of actual deliveries or live births for the past two years.
SEC. 7. Emergency Obstetric Care. – Each province. and city shall endeavor to ensure the
establishment and operation of hospitals with adequate and qualified personnel that provide
emergency obstetric care. For every 500,000 population, there shall be at least one (1) hospital
for comprehensive emergency obstetric care and four (4) hospitals for basic emergency obstetric
care.
SEC. 8. Maternal Death Review. – All LGUs, national and local government hospitals, and other
public health units shall conduct maternal death review in accordance with the guidelines to be
issued by the DOH in consultation with the POPCOM.
SEC. 9. Hospital-Based Family Planning. -Tubal ligation, vasectomy, intrauterine device
insertion and other family planning methods requiring hospital services shall be available in all
national and local government hospitals, except: in specialty hospitals which may render such
services on an optional basis. For indigent patients, such services shall be fully covered by
PhilHealth insurance and/or government financial assistance.
SEC. 10. Contraceptives as Essential Medicines. – Hormonal contraceptives, intrauterine
devices, injectables and other allied reproductive health products and supplies shall be
considered under the category of essential medicines and supplies which shall form part of the
National Drug Formulary and the same shall be included in the regular purchase of essential
medicines and supplies of all national and lord hospitals and other government health units.
SEC. 11. Mobile Health Care Service. -Each Congressional District shall be provided with a van
to be known as the Mobile Health Care Service (MHOS) to 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: Provided, That reproductive health education
shall be conducted by competent and adequately trained persons preferably reproductive health
care providers: Provided, further, That the full range of family planning methods, both natural
and modern, shall be promoted.
The acquisition, operation and maintenance of the MRCS shall be funded from the Priority
Development Assistance Fund (PDAF) of each Congressional District.
The MHCS shall be adequately equipped with a wide range of reproductive health care materials
and information dissemination devices and equipment, the latter including but not limited to, a
television set for audio-visual presentation.
SEC. 12. Mandatory Age-Appropriate Reproductive Health Education. – Recognizing the
importance of reproductive health rights in empowering the youth and developing them into
responsible adults, Reproductive Health Education in an age-appropriate manner shall be taught
by adequately trained teachers starting from Grade 5 up to Fourth Year High School. In order to
assure the prior training of teachers on reproductive health, the implementation of Reproductive
Health Education shall commence at the start of the school year one year following the
effectivity of this Act. The POPCOM, in coordination with the Department of Education, shall
formulate the Reproductive Health Education curriculum, which shall be common to both public
and private schools and shall include related population and development concepts in addition to
the following subjects and standards:
a. Reproductive health and sexual rights;
b. Reproductive health care and services;
c. Attitudes, beliefs and values on sexual development, sexual behavior and sexual health;
d. Proscription and hazards of abortion and management of post-abortion complications;
e. Responsible parenthood.
f. Use and application of natural and modern family planning methods to promote reproductive
health, achieve desired family size and prevent unwanted, unplanned and mistimed pregnancies;
g. Abstinence before marriage;
h. Prevention and treatment of HIV/AIDS and other, STIs/STDs, prostate cancer, breast cancer,
cervical cancer and other gynecological disorders;
i. Responsible sexuality; and
j. Maternal, peri-natal and post-natal education, care and services.
In support of the natural, and primary right of parents in the rearing of the youth, the POPCOM
shall provide concerned parents with adequate and relevant scientific materials on the age-
appropriate topics and manner of teaching reproductive health education to their children.
In the elementary level, reproductive health education shall focus, among others, on values
formation.
Non-formal education programs shall likewise include the abovementioned reproductive Health
Education.
SEC. 13. Additional Duty of Family Planning 0ffice. – Each local Family Planning Office shall
furnish for free instructions and information on family planning, responsible parenthood,
breastfeeding and infant nutrition to all applicants for marriage license.
SEC. 14. 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 family planning, responsible parenthood, breastfeeding and infant nutrition.
SEC. 15. Capability Building of Community-Based Volunteer Workers. – Community-based
volunteer workers, like but not limited to, Barangay Health Workers, shall undergo additional
and updated training on the delivery of reproductive health care services and shall receive not
less than 10% increase in honoraria upon successful completion of training. The increase in
honoraria shall be funded from the Gender and Development (GAD) budget of the National
Economic and Development Authority (NEDA), Department of Health (DOH) and the
Department of the Interior and Local Government (DILG).
SEC. 16. Ideal Family Size. – The State shall assist couples, parents and individuals to achieve
their desired family size within the context of responsible parenthood for sustainable
development and encourage them to have two children as the ideal family size. Attaining the
ideal family size is neither mandatory nor compulsory. No punitive action shall be imposed on
parents having more than two children.
SEC. 17. Employers’ Responsibilities. – Employers shall respect the reproductive health rights of
all their workers. Women shall not be discriminated against in the matter of hiring, regularization
of employment status or selection for retrenchment.
All Collective Bargaining Agreements (CBAs) shall provide for the free delivery by the
employer of reasonable quantity of reproductive health care services, supplies and devices to all
workers, more particularly women workers. In establishments or enterprises where there are no
CBAs or where the employees are unorganized, the employer shall have the same obligation.
SEC. 18. Support of Private and Non-government Health Care Service Providers. – Pursuant to
Section 5(b) hereof, private reproductive health care service providers, including but not limited
to gynecologists and obstetricians, are encouraged to join their colleagues in non-government
organizations in rendering such services free of charge or at reduced professional fee rates to
indigent and low income patients.
SEC. 19. Multi-Media Campaign. – POPCOM shall initiate and sustain an intensified nationwide
multi-media campaign to raise the level of public awareness on the urgent need to protect and
promote reproductive health and rights.
SEC. 20. Reporting Requirements. – Before the end of April of each year,the DOH shall submit
an annual report to the President of the Philippines, the President of the Senate and the Speaker
of the House of Representatives on a definitive and comprehensive assessment of the
implementation of this Act and shall make the necessary recommendations for executive and
legislative action. The report shall be posted in the website of DOH and printed copies shall be
made available to all stakeholders.
SEC. 21. Prohibited Acts. – The following acts are prohibited:
a) Any health care service provider, whether public or private, who shall:
1. Knowingly withhold information or impede 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 and effective
family planning methods;
2. Refuse to perform voluntary ligation and vasectomy and other legal and medically-safe
reproductive health care services on any person of legal age on the ground of lack of spousal
consent or authorization.
3. Refuse to provide reproductive health care services to an abused minor, whose abused
condition is certified by the proper official or personnel of the Department of Social Welfare and
Development (DSWD) or to duly DSWD-certified abused pregnant minor on whose case no
parental consent is necessary.
4. Fail to provide, either deliberately or through gross or inexcusable negligence, reproductive
health care services as mandated under this Act, the Local Government Code of 1991, the Labor
Code, and Presidential Decree 79, as amended; and
5. Refuse to extend reproductive health care services and information on account of the patient’s
civil status, gender or sexual orientation, age, religion, personal circumstances, and nature of
work; Provided, That all conscientious objections of health care service providers based on
religious grounds shall be respected: Provided, further, That 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, finally, That
the patient is not in an emergency or serious case as defined in RA 8344 penalizing the refusal of
hospitals and medical clinics to administer appropriate initial medical treatment and support in
emergency and serious cases.
b) Any public official who prohibits or restricts personally or through a subordinate the delivery
of legal and medically-safe reproductive health care services, including family planning;
c) Any employer who shall fail to comply with his obligation under Section 17 of this Act or an
employer who requires a female applicant or employee, as a condition for employment or
continued employment, to involuntarily undergo sterilization, tubal ligation or any other form of
contraceptive method;
d) Any person who shall falsify a certificate of compliance as required in Section 14 of this Act;
and
e) Any person who maliciously en ges in disinformation about the intent or provisions of this
Act.
SEC. 22. Penalties. – The proper city or municipal court shall exercise jurisdiction over
violations of this Act and the accused who is found guilty shall be sentenced to an imprisonment
ranging from one (1) month to six (6) months or a fine ranging from Ten Thousand Pesos
(P10,000.00) to Fifty Thousand Pesos (P50,000.00) or both such fine and imprisonment at the
discretion of the court. If the offender is a juridical person, the penalty shall be imposed upon the
president, treasurer, secretary 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. An offender who is a public officer or employee shall suffer the accessory penalty
of dismissal from the government service.
Violators of this Act shall be civilly liable to the offended party in such amount at the discretion
of the proper court.
SEC. 23. Appropriations. – The amounts appropriated in the current annual General
Appropriations Act for reproductive health and family planning under the DOH and POPCOM
together with ten percent (10%) of the Gender and Development (GAD) budgets of all
government departments, agencies, bureaus, offices and instrumentalities funded in the annual
General Appropriations Act in accordance with Republic Act No. 7192 (Women in Development
and Nation-building Act) and Executive Order No. 273 (Philippine Plan for Gender Responsive
Development 1995-2025) shall be allocated and utilized for the implementation of this Act. Such
additional sums as may be necessary for the effective implementation of this Act shall be
Included in the subsequent years’ General Appropriations Acts.
SEC. 24. Implementing Rules and Regulations. – Within sixty (60) days from the effectivity of
this Act, the Department of Health shall promulgate, after thorough consultation with the
Commission on Population (POPCOM), the National Economic Development Authority
(NEDA), concerned non-government organizations (NGOs) and known reproductive health
advocates, the requisite implementing rules and regulations.
SEC. 25. Separability Clause. – If any part, section or provision of this Act is held invalid or
unconstitutional, other provisions not affected thereby shall remain in full force and effect.
SEC. 26. Repealing Clause. – All laws, decrees, Orders, issuances, rules and regulations contrary
to or inconsistent with the provisions of this Act are hereby repealed, amended or modified
accordingly.
SEC. 27. Effectivity. – This Act shall take effect fifteen (15) days after its publication in at least
two (2) newspapers of national circulation.

References:
http://www.scribd.com/doc/52969991/I-Coverage-of-the-Comprehensive-Agrarian-Reform-
Program

http://unpan1.un.org/intradoc/groups/public/documents/apcity/unpan005112.pdf

http://elibrary.judiciary.gov.ph

http://en.wikipedia.org/wiki/Family_planning

http://2010presidentiables.wordpress.com/reproductive-health-bill-5043/text-of-rh-bill-no-5043/