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5043
(Reproductive Health and Population
Development Act of 2008)
Published by Atty. Fred September 22nd, 2008 in Family and Property
Law andObiter/News. 28 Comments
digg
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;
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;
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:
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.
2. Promotion of breastfeeding;
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.
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;
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;
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.
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.
e. Responsible parenthood.
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.
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.
a) Any health care service provider, whether public or private, who shall:
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;
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.
people dont know that Sex is Sacred.Sex is not for fun! it is NOT FOR
LUST! once theyre having S, the fruit of it should be their responsibility! if
they dont want to be pregnant or their couple to be.why have sex right?and
besides, SEX is for MARRIED people onlyI hope People would be
enlightened.LUST IS ONE OF THE CAPITAL SINS!
God Bless and please take note that God Loves us..ALWAYS
On the question of abortion, I would disagree with the bill when it says in Sec.
3m that this bill does not change anything on abortion laws but that blanket
provision would not have little effect if there are provision that open up
possibilities for state sanctioned abortions. I use the term state sanction
abortions to make explicit that certain contraceptives are abortifacient and the
bill does not explicitly distance itself from the use of those methods. In fact, the
danger is that it a blanket statement that contraceptives should be classified as
essential medicines which government it mandated to purchase. This is a very
controversial point because this goes in direct contradiction to The Constitution
(Article 2, Sec. 12 which reads: It shall equally protect the life of the mother and
the life of the UNBORN FROM CONCEPTION). Thus, instead of making the
anti-abortion policy stronger this bill actually weakens it (if it passes to law)
by introducing conflicts in law which will eventually need to be resolved by
Jurisprudence or case law.
This objection also extends to what the bill calls reproductive health care
provider which lacks in definition. At one point, it defines the provider as a
medical practitioner. At another, it defines the provider as an educator. It seems
that the provider is the main agent by which provisions of this bill aims to use to
propagate its policies. Yet, it has not made any effort to formalize these roles
and deputize them. To this end, it does not guarantee that these agents are
depoliticized and de-commercialized. Such I believe fuels the suspicion that
private contraceptive companies are the primary benefactors of this bill.
Let us not simply talk on majority favors the billlets look on the basis to
whom will it applyhow many percent are ignorant filipino parent we have?are
you one of them thats why you favor it?
This bill is out of placea man with sound mind dont even need to go to
school to understand this thingsvery common sense
RH Bill is not for population control as you have stated. This Bill is to empower
the Filipinos the Freedom of informed choice and Responsible Parenthood
for a better family living.
I agree that our material resources are limited as everything in this world is
limited right from the beginning. Back to thousands of years earlier than 2000
years ago, did the people live in a situation of abundance of material resources
for sustenance? Sustenance for material resources was derived merely from
gathering and hunting. Was that abundance compared to today? Even during the
later period, when agriculture became the technology for material resources
sustenance, there was yet no such mass movements to suppress population
growth. There were those who lived with enough. But there were those like the
rich and powerful kingdoms who conquered other territories of other kingdoms
and slaughtered or enslaved the vanquished and looted their resources as a
means to sustain the conqueror kingdom. They lived then, as if resources for
them was limited. From those events, was there actually a shortage of material
resources at that time? Or was it more of fear due to greed? Was the behavior of
people then, towards the share of material resources any different from that of
now? The technology then, was mass murder of the living.
Today, the same fear of limited resources is gripping us. Yet, inspite of all the
supposedly more advanced technology for material resources sustenance of the
world, why is it that not all families can have food available for them? How is it
that today, we can have one family who, aside from owning long chain of
supermarkets and large tracks of lands, could very well afford to feed each
member of that family of say 12, the quantity equivalent of more than one
hundred meals at three times a day if they could accommodate that much in
their stomach? Is this amount, not more than the equivalent of three good meals
a day for 70 families with 12 children each? Is this amount of food not excess?
Yet how is it that today, there are families who could afford to eat that much
quantity of food, while there are families of 6 children who could not eat three
adequate meals a day? Is this not greed causing hunger?
Some of those who belong to such families who could well afford to be fed
more than a hundred meals in one mealtime if their stomach could
accommodate that much, have blamed families who could not afford to have
three meals a day to be lazy. Have they not seen family members who had to
labor 12 hours a day to be able to eat two times a day everyday because that is
the only capability they have as a result of the business of this well-fed family
members which: control markets; have contractual policies; have oppressive
compensation policies; or which have been displacing small retailers from the
areas they have established their own giant businesses? Is this the general result
of greed or laziness? Is not the RH Bill then promoting greed for blaming high
population growth as cause of hunger while ignoring greed as the cause? Or is it
promoting laziness for providing easy instant artificial technology to an
imbalance of nature which can be corrected by a long and hard working natural
developmental process?
By having the same fear and technology for material resources sustenance of
many of the powerful people back in the period of more than 2000 years ago,
this time is it not a more subtle technology which the bill is promoting RH or
Replicating Herod?
e. Responsible parenthood.
Is it because the rate of number of lives to be sustained is higher than the rate of
the amount of resources that could provide sustenance?
I agree that our resources are limited as everything in this world is limited right
from the beginning. Did we perish when we did not stop population growth
from the beginning? That means we did not run out of resources then as to have
caused us to perish today. That means that each family had food available. Now
how come that today, in this supposedly advanced technology of the world, not
all family can have food available for them? If true, then how is it that today, we
can have one family who, aside from owning long chain of supermarkets and
large tracks of lands, could very well afford to eat food the quantity equivalent
of more than one hundred meals at three times a day if they could accommodate
that much in their stomach? Is this amount, not more than the equivalent of
three good meals a day for 30 families with 10 children each? Is this amount of
food not excess? Yet how is it that today, for every one family who could afford
to eat that much quantity of food, we have thirty families of 6 children who
could not eat three adequate meals a day?
We are really at the end of time era. These are all Satans work. We should be
aware how he works. As he said I Pretend to love men, in order to destroy
them; serve them, in order to ruin them and deceive them; help them, in order to
pervert them and draw them into these my hellish regions.
People have been persuaded by the devil that they are entitled to have sex when
they choose, rejecting any unwanted life that may result. The enemy may tell
you God is too demanding and unreasonable. If we distributed more
condoms we would not have disease or the need to abort babies. Its Gods
fault because Gods Church is against the use of condoms.
Sexual intercourse, by its nature and intent is potentially life giving act. This is
Gods version. The enemys version is that sex can be closed to give life and
used for physical pleasure only. Enemys version of sex is selfish, emotionally
dangerous, and bad for humanity. The enemy offers an answer to this too, and
led souls to avoid consequences by offering
widespread contraception and abortion. Both men and women are now told that
sinful sexual behaviors are allowable and acceptable. God intends that a man
and woman enter a blessed union (through marriage) and then share their
sexuality with one another. The devil is mocking God because he depicts Gods
purpose. He is laughing because many led astray on this sin.
14. Eustaquio BungangkahoyMay 3rd, 2010 at 10:44 am
Proponents of H.B, 5043 Reproductive Health bill always cite that that the
Philippines is over-populated at 90+ million people to rationalize their support
for artificial birth control. But is the country really overpopulated? And the
implication is that our country is poor because of that 90-million figure.
Population figures are meaningless if we dont take into consideration the area
where that figure lives. For example, what does it mean that Japan has 127
million people? Or that the U.S.A. has 309 million?
And what about the overpopulation=poverty myth? The top 4 countries are so
RICH! Macau is Asias playground for billionaires, streets choked with Rolls
Royces. Monaco is summer capital to Europes kings, princes, dukes and other
royalty. No need to say anything about Singapore and Hong Kong.
These top 4 countries are so small and have no natural resources to brag about
but yet so rich. So is the Philippines poor because there are too many
Filipinos and that we have no natural resources? Look at Ethiopia in Africa. If
less people means more wealth to be shared, Ethiopia should be at the top of the
list, instead of being one of the worlds poorest.
Some people may argue that the top 4 are rich because they are small and easy
to manage in spite their large population. So lets look at huge China with its 1.3
BILLION. It is the fastest growing economy in the world, predicted to overtake
the U.S.A. in about a decade, and even now lends money to the U.S.A.!
Right within our own country, compare the population-to-wealth ratio of
Sequijor, Cebu and Manila. Obviously, the more population, the wealthier the
place!
Now guess what is our countrys biggest dollar earner? Its our Overseas
Foreign Workers human life.
RIIIGHT! CORRUPTION! And the guilty ones hide their sins by blaming us
the people for having too many children! What if by a miracle, our population is
cut in half a year from now, will our country start getting richer if corruption is
still there? Of course not!
(How true is the rumor that those who support H.B. 5043 are offered millions by
giant foreign pharmaceuticals who make birth control pills and devices?
Hopefully not true)
=====
No one can argue that feeding more mouths requires more money. But will it
make us poor? We have all heard of stories of immigrants from China escaping
the poverty and oppression there. They came in dirt-poor, ate lugaw, had 10
children, worked hard, became millionaires, and now control our economy!
Many successful Filipinos share the same life story, coming from very large
families, and struggling and sacrificing all the way to the top. Yet we also know
many families with only one or two children but remain very poor all their lives.
Children do not make us poor. Poverty is caused by many more crucial factors
like lack of education, lack of opportunities, lack of drive, lack of discipline,
lack of inheritance, even lack of luck. But one thing is sure, lack of children will
not make us rich.
=====
But what if we just want to give more quality time and better education to fewer
children? Now THERE is a very good and very noble intention! The healthiest
and the BEST way to do this is to abstain during fertile days.
And this abstention we practice is exactly the same abstention we are teaching
our children: to abstain from eating too much candy, to abstain from over-
spending, to abstain from pre-marital sex, and to abstain from drugs to be
children of strong character and will-power, not weaklings and spoiled brats.
Artificial birth control on the other hand, offers us the choice of indulging in
pleasure without responsibility; the same easy choice of accepting bribe
money instead of hard work and sacrifice; the same easy choice to cheat
during exams rather than study diligently; the same choice for instant
gratification over self-denial and patience; the same choice to behave like
dogs and monkeys, urinating and copulating, anytime and anywhere the urge
strikes them, rather than conduct ourselves as the noble descendants of Lapu-
lapu, Gabriela Silang, and the Katipuneros.
Let us re-learn the values of abstention, self-denial and discipline. Such virtues
will harden us, strengthen our character, enrich our families, make our country
great again, and get us to heaven some day.
how about for those family who cant afford to supply the contraceptives. for
those family has less income to buy those modern contraceptives such as
injectibles or pills.
how about for those less fortunate family that dont have any idea or knowledge
about the health bill.