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Republic of the Philippines

Congress of the Philippines


Metro Manila

Twelfth Congress
Third Regular Session

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

Republic Act No. 9288 April 07, 2004

AN ACT PROMULGATING A COMPREHENSIVE POLICY AND A NATIONAL


SYSTEM FOR ENSURING NEWBORN SCREENING

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


assembled:

ARTICLE 1

GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the "Newborn Screening Act of
2004."

SEC. 2. Declaration of Policy. - It is the policy of the State to protect and promote the right
to health of the people, including the rights of children to survival and full and healthy
development as normal individuals. In pursuit of such policy, the State shall institutionalize a
national newborn screening system that is comprehensive, integrative and sustainable, and
will facilitate collaboration among government and non-government agencies at the national
and local levels, the private sector, families and communities, professional health
organizations, academic institutions, and non-governmental organizations. The National
Newborn Screening System shall ensure that every baby born in the Philippines is offered the
opportunity to undergo newborn screening and thus be spared from heritable conditions that
can lead to mental retardation and death if undetected and untreated.

SEC. 3. Objectives. - The objectives of the National Newborn Screening System are:

1) To ensure that every newborn has access to newborn screening for certain heritable
conditions that can result in mental retardation, serious health complications or death
if left undetected and untreated;
2) To establish and integrate a sustainable newborn screening system within the
public health delivery system;

3) To ensure that all health practitioners are aware of the advantages of newborn
screening and of their respective responsibilities in offering newborns the opportunity
to undergo newborn screening; and

4) To ensure that parents recognize their responsibility in promoting their child's right
to health and full development, within the context of responsible parenthood, by
protecting their child from preventable causes of disability and death through
newborn screening.

ARTICLE 2

DEFINITION OF TERMS

SEC. 4. Definitions. - Under this Act, the following terms shall have the meanings
respectively given to them below:

1) Comprehensive Newborn Screening System means a newborn screening system that


includes, but is not limited to, education of relevant stakeholders; collection and
biochemical screening of blood samples taken from newborns; tracking and
confirmatory testing to ensure the accuracy of screening results; clinical evaluation
and biochemical/medical confirmation of test results; drugs and medical/surgical
management and dietary supplementation to address the heritable conditions; and
evaluation activities to assess long term outcome, patient compliance and quality
assurance.

2) Follow-up means the monitoring of a newborn with a heritable condition for the
purpose of ensuring that the newborn patient complies fully with the medicine of
dietary prescriptions.

3) Health institutions mean hospitals, health infirmaries, health centers, lying-in


centers or puericulture centers with obstetrical and pediatric services, whether public
or private.

4) Healthcare practitioner means physicians, nurses, midwives, nursing aides and


traditional birth attendants.

5) Heritable condition means any condition that can result in mental retardation,
physical deformity or death if left undetected and untreated and which is usually
inherited from the genes of either or both biological parents of the newborn.

6) NIH means the National Institute of Health


7) Newborn means a child from the time of complete delivery to 30 days old.

8) Newborn Screening means the process of collecting a few drops of blood from the
newborn onto an appropriate collection card and performing biochemical testing for
determining if the newborn has a heritable condition.

9) Newborn Screening Center means a facility equipped with a newborn screening


laboratory that complies with the standards established by the NIH and provides all
required laboratory tests and recall/follow-up programs for newborns with heritable
conditions.

10) Newborn Screening Reference Center means the central facility at the NIH that
defines testing and follow-up protocols, maintains an external laboratory proficiency
testing program, oversees the national testing database and case registries, assists in
training activities in all aspects of the program, oversees content of educational
materials and acts as the Secretariat of the Advisory Committee on Newborn
Screening.

11) Parent education means the various means of providing parents or legal guardians
information about newborn screening.

12) Recall means a procedure for locating a newborn with a possible heritable
condition for purposes of providing the newborn with appropriate laboratory to
confirm the diagnosis and, as appropriate, provide treatment.

13) Treatment means the provision of prompt, appropriate and adequate medicine,
medical, and surgical management or dietary prescription to a newborn for purposes
of treating or mitigating the adverse health consequences of the heritable condition.

ARTICLE 3

NEWBORN SCREENING

SEC. 5. Obligation to Inform. - Any health practitioner who delivers, or assists in the
delivery, of a newborn in the Philippines shall, prior to delivery, inform the parents or legal
guardian of the newborn of the availability, nature and benefits of newborn screening.
Appropriate notification and education regarding this obligation shall be the responsibility of
the Department of Health (DOH).

SEC. 6. Performance of Newborn Screening. - Newborn screening shall be performed after


twenty-four (24) hours of life but not later than three (3) days from complete delivery of the
newborn. A newborn that must be placed in intensive care in order to ensure survival may be
exempted from the 3-day requirement but must be tested by seven (7) days of age. It shall be
the joint responsibility of the parent(s) and the practitioner or other person delivering the
newborn to ensure that newborn screening is performed. An appropriate informational
brochure for parents to assist in fulfilling this responsibility shall be made available by the
Department of Health and shall be distributed to all health institutions and made available to
any health practitioner requesting it for appropriate distribution.

SEC. 7. Refusal to be Tested. - a parent or legal guardian may refuse testing on the grounds
of religious beliefs, but shall acknowledge in writing their understanding that refusal for
testing places their newborn at risk for undiagnosed heritable conditions. A copy of this
refusal documentation shall be made part of the newborn's medical record and refusal shall be
indicated in the national newborn screening database.

SEC. 8. Continuing Education, Re-education and Training Health Personnel. - The DOH,
with the assistance of the NIH and other government agencies, professional societies and
non-government organizations, shall: (i) conduct continuing information, education, re-
education and training programs for health personnel on the rationale, benefits, procedures of
newborn screening; and (ii) disseminate information materials on newborn screening at least
annually to all health personnel involved in material and pediatric care.

SEC. 9. Licensing and Accreditation. - The DOH and the Philippine Health Insurance
Corporation (PHIC) shall require health institutions to provide newborn screening services as
a condition for licensure or accreditation.

ARTICLE 4

IMPLEMENTATION

SEC. 10. Lead Agency. - The DOH shall be the lead agency in implementing this Act. For
purposes of achieving the objectives of this Act, the DOH shall:

1) Establish the Advisory Committee on Newborn Screening:

2) Develop the implementing rules and regulations for the immediate implementation
of a nationwide newborn screening program within one hundred eight (180) days
from the enactment of this Act;

3) Coordinate with the Department of the Interior and Local Government (DILG) for
implementation of the newborn screening program;

4) Coordinate with the NIH Newborn Screening Reference Center for the
accreditation of Newborn Screening Centers and preparation of defined testing
protocols and quality assurance programs.

SEC. 11. Advisory Committee on Newborn Screening. - To ensure sustained inter-agency


collaboration, the Advisory Committee on Newborn Screening is hereby created and made an
integral part of the Office of the Secretary of the DOH. The Committee shall review annually
and recommend conditions to be included in the newborn screening panel of disorders;
review and recommend the newborn screening fee to be charged by Newborn Screening
Centers; review the report of the Newborn Screening Reference Center on the quality
assurance of the National Screening Centers and recommend corrective measures as deemed
necessary.

The Committee shall be composed of eight (8) members, including the Secretary of Health
who shall act as Chairman. The other members of the Committee shall be as follows: (i) the
Executive Director of the NIH, who shall act as Vice Chairperson; (ii) an Undersecretary of
the DILG; (iii) the Executive Director of the Council for the Welfare of Children (iv) the
Director of the Newborn Screening Reference Center; and (v) three (3) representatives
appointed by the Secretary of Health who shall be a pediatrician, obstetrician,
endocrinologist, family physician, nurse or midwife, from either the public or private sector.
The three (3) representatives shall be appointed for a term of three (3) years, subject to their
being reappointed for additional three (3) years period for each extension.

The Committee shall meet at least twice a year. The NIH shall serve as the Secretariat of the
Committee.

SEC. 12. Establishment and Accreditation of Newborn Screening Centers. - The DOH shall
ensure that Newborn Screening Centers are strategically located in order to be accessible to
the relevant public and provide services that comply with the standards approved by the
Committee upon the recommendation of the NIH. No Newborn Screening Center shall be
allowed to operate unless it has been duly accredited by the DOH based on the standards set
forth by the Committee. At a minimum, every Newborn Screening Center shall: (i) have a
certified laboratory performing all tests included in the newborn screening program, (ii) have
a recall/follow up programs for infants found positive for any and all of the heritable
conditions; (iii) be supervised and staffed by trained personnel who have been duly qualified
by the NIH; and (iv) submit to periodic announced or unannounced inspections by the
Reference Center in order to evaluate and ensure quality Newborn Screening Center
performance.

SEC. 13. Establishment of a Newborn Screening Reference Center. - The NIH shall
establish a Newborn Screening Reference Center, which shall be responsible for the national
testing database and case registries, training, technical assistance and continuing education
for laboratory staff in all Newborn Screening Centers.

SEC. 14. Quality Assurance. - The NIH Newborn Screening Reference Center shall be
responsible for drafting and ensuring good laboratory practice standards for newborn
screening centers, including establishing an external laboratory proficiency testing and
certification program. It shall also act as the principal repository of technical information
relating to newborn screening standards and practices, and shall provide technical assistance
to newborn screening centers needing such assistance.
SEC. 15. Database. - All Newborn Screening Centers shall coordinate with the NIH
Newborn Screening Reference Center for consolidation of patient databases. The NIH
Newborn Screening Reference Center shall maintain a national database of patients tested
and a registry for each condition. It shall submit reports annually to the Committee and to the
DOH on the status of and relevant health information derived from the database. A plan for
long-term outcome evaluation of newborn screening utilizing the cases registries shall be
developed within one (1) year of passage of this Act by the NIH Newborn Screening
Reference Center in consultation with the Advisory Committee on Newborn Screening.
Implementation of this plan shall become a responsibility of the Advisory Committee on
Newborn Screening.

SEC. 16. Newborn Screening Fees. -The PHIC shall include cost of newborn screening in its
benefits package. The newborn screening fee shall be applied to, among others, testing costs,
education, sample transport, follow-up and reasonable overhead expenses.

To ensure sustainability of the National System for Newborn Screening, the newborn
screening fee shall be divided and set aside for the following purposes; at least four percent
(4%) to the DOH's Centers for Health Development or its future equivalent to be spent solely
for follow-up services, education and other activities directly related to the provision of
newborn screening services; at least four percent (4%) to the Newborn Screening Centers for
human resource development and equipment maintenance and upgrading; at least four
percent (4%) to the NIH Newborn Screening Reference Center for overall supervision,
training and continuing education, maintenance of national database, quality assurance
program and monitoring of the national program; and the balance for the operational and
other expenses of the Newborn Screening Center.

ARTICLE 5

FINAL PROVISIONS

SEC. 17. Repealing Clause. - All general and special laws, decrees, executive orders,
proclamations and administrative regulations, or any parts thereof, which are inconsistent
with this Act are hereby repealed or modified accordingly.

SEC. 18. Separability. - If, for any reason or reasons, any party of provisions of this Act shall
be declared or held to be unconstitutional or invalid, other provision or provisions hereof
which are not affected thereby shall continue to be in full force and effect.

SEC. 19. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at
least two (2) newspapers of general circulation.
Approved,

FRANKLIN DRILON JOSE DE VENECIA JR.


President of the Senate Speaker of the House of
Representatives

This Act which is consolidation of Senate No. 2707 and House Bill No. 6625 was finally
passed by the Senate and the House of Representatives on February 2, 2004 and February 5,
2004, respectively

OSCAR G. YABES ROBERTO P. NAZARENO


Secretary of Senate Secretary General
House of Represenatives

Approved: April 07, 2004

GLORIA MACAPAGAL-ARROYO
President of the Philippines
Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila

Fourteenth Congress
Third Regular Session

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

REPUBLIC ACT No. 10028

AN ACT EXPANDING THE PROMOTION OF BREASTFEEDING, AMENDING


FOR THE PURPOSE REPUBLIC ACT NO. 7600, OTHERWISE KNOWN AS "AN
ACT PROVIDING INCENTIVES TO ALL GOVERNMENT AND PRIVATE
HEALTH INSTITUTIONS WITH ROOMING-IN AND BREASTFEEDING
PRACTICES AND FOR OTHER PURPOSES"

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


assembled:

Section 1. Short Title. - This Act shall be known as the "Expanded Breastfeeding Promotion
Act of 2009".

Section 2. Section 2 of Republic Act No. 7600 is hereby amended to read as follows:

Sec. 2. Declaration of Policy. - The State adopts rooming-in as a national policy to


encourage, protect and support the practice of breastfeeding. It shall create an environment
where basic physical, emotional, and psychological needs of mothers and infants are fulfilled
through the practice of rooming-in and breastfeeding.

"The State shall likewise protect working women by providing safe and healthful working
conditions, taking into account their maternal functions, and such facilities and opportunities
that will enhance their welfare and enable them to realize their full potential in the service of
the nation. This is consistent with international treaties and conventions to which the
Philippines is a signatory such as the Convention on the Elimination of Discrimination
Against Women (CEDAW), which emphasizes provision of necessary supporting social
services to enable parents to combine family obligations with work responsibilities; the
Beijing Platform for Action and Strategic Objective, which promotes harmonization of work
and family responsibilities for women and men; and the Convention on the Rights of the
Child, which recognizes a child's inherent right to life and the State's obligations to ensure the
child's survival and development.

"Breastfeeding has distinct advantages which benefit the infant and the mother, including the
hospital and the country that adopt its practice. It is the first preventive health measure that
can be given to the child at birth. It also enhances mother-infant relationship. Furthermore,
the practice of breastfeeding could save the country valuable foreign exchange that may
otherwise be used for milk importation.

"Breastmilk is the best food since it contains essential nutrients completely suitable for the
infant's needs. It is also nature's first immunization, enabling the infant to fight potential
serious infection. It contains growth factors that enhance the maturation of an infant's organ
systems.

"Towards this end, the State shall promote and encourage breastfeeding and provide the
specific measures that would present opportunities for mothers to continue expressing their
milk and/or breastfeeding their infant or young child.

Section 3. Section 3 of Republic Act No. 7600 is hereby amended to read as follows:

"Sec. 3. Definition of Terms. - For purposes of this Act, the following definitions are
adopted:

"a) Age of gestation - the length of time the fetus is inside the mother's womb.

"b) Bottlefeeding - the method of feeding an infant using a bottle with artificial
nipples, the contents of which can be any type of fluid.

"c) Breastfeeding - the method of feeding an infant directly from the human
breast.

"d) Breastmilk - the human milk from a mother.

"e) Breastmilk substitute - any food being marketed or otherwise represented


as partial or total replacement of breastmilk whether or not suitable for that
purpose.

"f) Donor milk - the human milk from a non-biological mother.

"g) Expressed breastmilk - the human milk which has been extracted from the
breast by hand or by breast pump. It can be fed to an infant using a dropper, a
nasogastric tube, a cup and spoon, or a bottle.

"h) Expressing milk - the act of extracting human milk from the breast by hand
or by pump into a container.

"i) Formula feeding - the feeding of a newborn with infant formula usually by
bottle feeding. It is also called artificial feeding.

"j) Health institutions - are hospitals, health infirmaries, health centers, lying-
in centers, or puericulture centers with obstetrical and pediatric services.

"k) Health personnel - are professionals and workers who manage and/or
administer the entire operations of health institutions and/or who are involved
in providing maternal and child health services.
"l) Health workers - all persons who are engaged in health and health-related
work, and all persons employed in all hospitals, sanitaria, health infirmaries,
health centers, rural health units, barangay health stations, clinics and other
health-related establishments, whether government or private, and shall
include medical, allied health professional, administrative and support
personnel employed regardless of their employment status.

"m) Infant - a child within zero (0) to twelve (12) months of age.

"n) Infant formula - the breastmilk substitute formulated industrially in


accordance with applicable Codex Alimentarius standards, to satisfy the
normal nutritional requirements of infants up to six (6) months of age, and
adopted to their physiological characteristics.

"o) Lactation management - the general care of a mother-infant nursing couple


during the mother's prenatal, immediate postpartum and postnatal periods. It
deals with educating and providing knowledge and information to pregnant
and lactating mothers on the advantages of breastfeeding, the risks associated
with breastmilk substitutes and milk products not suitable as breastmilk
substitutes such as, but not limited to, condensed milk and evaporated milk,
the monitoring of breastfeeding mothers by health workers and breastfeeding
peer counselors for service patients to ensure compliance with the Department
of Health, World Health Organization (WHO) and the United Nations
Children's Fund (UNICEF) on the implementation of breastfeeding policies,
the physiology of lactation, the establishment and maintenance of lactation,
the proper care of the breasts and nipples, and such other matters that would
contribute to successful breastfeeding.

"p) Lactation stations - private, clean, sanitary, and well-ventilated rooms or


areas in the workplace or public places where nursing mothers can wash up,
breastfeed or express their milk comfortably and store this afterward.

"q) Low birth weight infant - a newborn weighing less than two thousand five
hundred (2,500) grams at birth.

"r) Nursing employee - any female worker, regardless of employment status,


who is breastfeeding her infant and/or young child.

"s) Mother's milk - the breastmilk from the newborn's own mother.

"t) Non-health facilities, establishment or institution - public places and


working places, as defined in subparagraphs (u) and (y), respectively.

"u) Public place - enclosed or confined areas such as schools, public


transportation terminals, shopping malls, and the like.

"v) Rooming-in - the practice of placing the newborn in the same room as the
mother right after delivery up to discharge to facilitate mother-infant bonding
and to initiate breastfeeding. The infant may either share the mother's bed or
be placed in a crib beside the mother.
"w) Seriously ill mothers - are those who are: with severe infections; in shock,
in severe cardiac or respiratory distress; or dying; or those with other
conditions that may be determined by the attending physician as serious.

"x) Wet-nursing - the feeding of a newborn from another mother's breast when
his/her own mother cannot breastfeed.

"y) Workplace - work premises, whether private enterprises or government


agencies, including their subdivisions, instrumentalities and government-
owned and -controlled corporations.

"z) Young child - a child from the age of twelve (12) months and one (1) day
up to thirty-six (36) moths.

Section 4. Section 4 of Republic Act No. 7600 is hereby amended to read as follows:

Sec. 4. Applicability. - The provisions in this Chapter shall apply to all private enterprises as
well as government agencies, including their subdivisions and instrumentalities, and
government-owned and -controlled corporations.

Upon application to, and determination by, the Secretary of the Department of Labor and
Employment for the private sector, and the Chairperson of the Civil Service Commission for
the public sector, all health and non-health facilities, establishments and institutions may be
exempted for a renewable period of two (2) years from Section 6 of this Act where the
establishment of lactation stations is not feasible or necessary due to the peculiar
circumstances of the workplace or public place taking into consideration, among others,
number of women employees, physical size of the establishment, and the average number of
women who visit.

All health and non-health facilities, establishments or institutions which are exempted in
complying with the provisions of this Act but nevertheless opted to comply are entitled to the
benefits herein stated: Provided, That they give their employees the privilege of using the
same.

Section 5. Section 10 of Republic Act No. 7600 is hereby amended to read as follows:

Sec. 10. Provision of Facilities for Breastmilk Collection and Storage for Health
Institutions. - The health institution adopting rooming-in and breastfeeding shall provide
equipment, facilities, and supplies for breastmilk collection, storage and utilization, the
standards of which shall be defined by the Department of Health. Health institutions are
likewise encouraged to set up milk banks for storage of breastmilk donated by mothers and
which have undergone pasteurization. The stored breastmilk will primarily be given to
children in the neonatal intensive care unit whose own mothers are seriously ill.

Section 6. A new Section 11, under a new Chapter, is added to read as follows:

CHAPTER III
Lactation Stations
Sec. 11. Establishment of Lactation Stations. - It is hereby mandated that all health and non-
health facilities, establishments or institutions shall establish lactation stations. The lactation
stations shall be adequately provided with the necessary equipment and facilities, such as:
lavatory for hand-washing, unless there is an easily-accessible lavatory nearby; refrigeration
or appropriate cooling facilities for storing expressed breastmilk; electrical outlets for breast
pumps; a small table; comfortable seats; and other items, the standards of which shall be
defined by the Department of Health. The lactation station shall not be located in the toilet.

In addition, all health and non-health facilities, establishments or institutions shall take strict
measures to prevent any direct or indirect form of promotion, marketing, and/or sales of
infant formula and/or breastmilk substitutes within the lactation stations, or in any event or
circumstances which may be conducive to the same.

Apart from the said minimum requirements, all health and non-health facilities,
establishments or institutions may provide other suitable facilities or services within the
lactation station, all of which, upon due substantiation, shall be considered eligible for
purposes of Section 14 of this Act.

Section 7. A new Section 12 is hereby added to read as follows:

Sec. 12. Lactation Periods. - Nursing employees shall granted break intervals in addition to
the regular time-off for meals to breastfeed or express milk. These intervals, which shall
include the time it takes an employee to get to and from the workplace lactation station, shall
be counted as compensable hours worked. The Department of Labor and Employment
(DOLE) may adjust the same: Provided, That such intervals shall not be less than a total of
forty (40) minutes for every eight (8)-hour working period.

Section 8. Section 11, which shall be under the renumbered Chapter IV of Republic Act No.
7600, is hereby amended to read as follows:

"CHAPTER IV"
"INFORMATION, EDUCATION AND RE-EDUCATION DRIVE"

"SEC. 13. Continuing Education, Re-education and Training of Health Workers and Health
Institutions. - The Department of Health with the assistance of other government agencies,
professional and nongovernmental organizations shall conduct continuing information,
education, re-education, and training programs for physicians, nurses, midwives, nutritionist-
dietitians, community health workers and traditional birth attendants (TBAs) and other health
worker on current and updated lactation management.

Information materials shall be given to all health workers involved in maternal and infant
care health institutions."

Section 9. Section 12 Information Dissemination and Educational Programs of Pregnant


Women and Women of Reproductive Age. - During the prenatal, perinatal and postnatal
consultations and/or confinements of the mothers or pregnant women in a health institution
and the health worker to immediately and continuously teach, train and support the women
on current and updated lactation management and infant care, through participatory strategies
such as organization of mothers' clubs and breastfeeding support groups and to distribute
written information materials on such matters free of charge.
"The Department of Health is hereby mandated to develop and provide breastfeeding
programs for working mothers whose employees are encouraged to avail of it as part of their
human resource development programs.

"To equip women of reproductive age with accurate information on maternal nutrition and
proper nourishment in preparation for successful and sustainable breastfeeding, the
Department of Health is likewise mandated to produce and make available relevant
information and programs which should be disseminated to all city, municipal and barangay
health centers.

"Employers are also highly encouraged to develop breastfeeding or lactation support


programs which main functions are to assess the needs of lactating employees with adequate
information regarding lactation management in the form of brochures, pamphlets and other
educational materials."

Section 10. A new Section 15 is hereby added to read as follows:

"SEC. 15. Integration of Breastfeeding Education in the Curricula. - To encourage and


promote breastfeeding, the Department of Education, the Commission on higher Education.
And the Technical Education, and the Technical Education and Skills Development Authority
shall integrate in the relevant subjects in the elementary, high school and college levels,
especially in the medical and education, the importance, benefits, methods or techniques of
breastfeeding, and change of societal attitudes towards breastfeeding."

Section 11. A new Section 16 is hereby added to read as follows:

"SEC. 16. Breastfeeding Awareness Month. - To raise awareness on the importance of and to
further promote breastfeeding, the month of August in each and every year throughout the
Philippines shall be known as "Breastfeeding Awareness Month."

Section 12. A new Section 17. Is hereby added to read as follows:

"SEC. 17. Public Education and Awareness Program. - To ensure the meaningful observance
of breastfeeding month as herein declared, a comprehensive national public education and
awareness program shall be undertaken in order to achieve the following objectives:

"a) To protect, promote and support breastfeeding in the Philippines as the


normal, natural and preferred method of feeding infants and young children;

"b) To guarantee the rightful place of breastfeeding in society as a time


honored tradition and nurturing value as well as a national health policy that
must be enforced;

"c) To provide information about the benefits and superiority of breastfeeding


and the high risks and costs of bottlefeeding;

"d) To generate awareness on, and full enforcement of, national and
international laws, codes, policies and programs on the promotion and
protection of safe and adequate nutrition for infants and young children by
promoting and protecting breastfeeding and regulating the marketing of
certain foods and feeding bottles, teats and pacifiers; and

"e) To instill recognition and support and ensure access to comprehensive,


current and culturally appropriate lactation care and services for all women,
children and families, including support for breastfeeding mothers in the work
force.

"The Department of Health shall lead in the implementation of the comprehensive national
public education and awareness program on breastfeeding through a collaborative
interagency and multi-sectoral effort at all levels."

Section 13. A new Section 18, which shall be under the renumbered Chapter V of Republic
Act No. 7600, is hereby added to read as follows:

CHAPTER V
Miscellaneous Provisions

"Sec. 18. Department of Health Certification. - Any health and non-health facility,
establishment or institution satisfying the requirements of Sections 6 and 7 herein relative to a
proper lactation station may apply with the local Department of Health office for a 'working
mother-baby friendly' certification. The Department of Health shall promulgate guidelines to
determine eligibility for such certification, which shall include an annual Department of
Health inspection to confirm the continued compliance with its standards.

"The Department of Health shall maintain a list of 'mother-baby-friendly' establishments,


which it shall make available to the public."

Section 14. Section 13 of Republic Act No. 7600 is hereby renumbered and amended to read
as follows:

"Sec. 19. Incentives. - The expenses incurred by a private health and non-health facility,
establishment or institution, in complying with the provisions of this Act, shall be deductible
expenses for income tax purposes up to twice the actual amount incurred: Provided, That the
deduction shall apply for the taxable period when the expenses were incurred: Provided,
further, That all health and non-health facilities, establishments and institutions shall comply
with the provisions of this Act within six (6) months after its approval: Provided, finally, That
such facilities, establishments or institutions shall secure a "Working Mother-Baby-Friendly
Certificate" from the Department of Health to be filed with the Bureau of Internal Revenue,
before they can avail of the incentive.

"Government facilities, establishments or institutions shall receive an additional


appropriation equivalent to the savings they may derive as a result of complying with the
provisions of this Act. The additional appropriation shall be included in their budget for the
next fiscal year."

Section 15. A new Section 20 shall be added to read as follows:

"Sec. 20. Implementing Agency. - The Department of Health shall be principally responsible
for the implementation and enforcement of the provisions of this Act."
Section 16. Section 14 of Republic Act No. 7600 is hereby renumbered and amended to read
as follows:

"Sec. 21. Sanctions. - Any private non-health facility, establishment and institution which
unjustifiably refuses or fails to comply with Sections 6 and 7 of this Act shall be imposed a
fine of not less than Fifty thousand pesos (Php50,000.00) but not more than Two hundred
thousand pesos (Php200,000.00) on the first offense.

"On the second offense, a fine of not less than Two hundred thousand pesos (Php200,000.00)
but not more than Five hundred thousand pesos (Php500,000.00).

"On the third offense, a fine of not less than Five hundred thousand pesos (Php500,000.00)
but not more than One million pesos (Php1,000,000.00) and the cancellation or revocation of
the business permits or licenses to operate.

"In all cases, the fine imposed should take into consideration, among others, number of
women employees, physical size of the establishment, and the average number of women
who visit.

"In addition, the Secretary of Health is hereby empowered to impose sanctions on health
institution for the violation of this Act and the rules issued thereunder. Such sanctions may be
in the form of reprimand or censure and in case of repeated willful violations, suspension of
the permit to operate of the erring health institution.1avvphi1

"Heads, officials and employees of government health and non-health facilities,


establishments and institutions who violate this Act shall further be subject to the following
administrative penalties:

"First offense - Reprimand;

"Second offense - Suspension for one (1) to thirty (30) days; and

"Third offense - Dismissal.

"This shall be without prejudice to other liabilities applicable under civil service law and
rules."

Section 17. Funding. - Government agencies, including their subdivisions and


instrumentalities, shall use their respective budget for gender and development or their
budgets for repairs, maintenance and materials acquisition to comply with Section 6 hereof.

Section 18. Rules and Regulations. - The Department of Health, as the lead agency, in
coordination with the Department of Labor and Employment, the Department of Trade and
Industry, the Department of Justice, the Department of Social Welfare and Development, the
Department of Education, the Department of the Interior and Local Government, the Civil
Service Commission, the Commission on Higher Education, the technical Education and
Skills Development Authority and professional and nongovernmental organizations
concerned, shall issue within one hundred and twenty (120) days upon its effectivity the rules
and regulations necessary to carry out the provisions of this Act.
Section 19. Separability Clause. - If any clause, sentence, paragraph or part of this Act shall
be declared to be invalid, the remainder of this Act or any provision not affected thereby shall
remain in force and effect.

Section 20. Repealing Clause. - All laws, presidential decrees, executive orders, rules and
regulations or parts thereof which are not consistent with this Act are hereby repealed,
amended or modified accordingly.

Section 21. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation,
whichever comes earlier.

Approved,

(Sgd.) PROSPERO C. NOGRALES (Sgd.) JUAN PONCE ENRILE


Speaker of the House of Representatives President of the Senate

This Act which is a consolidation of Senate Bill No. 1698 and House Bill No. 879, 4012 and
6076 was finally passed by the Senate and the House of Representatives on December 16,
2009.

(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES


Secretary General Secretary of Senate
House of Represenatives

Approved: March 16, 2010

(Sgd.) GLORIA MACAPAGAL-ARROYO


President of the Philippines
Act No. 1
REPUBLIC OF THE PHILIPPINES

Congress of the Philippines

Metro Manila

Fifteenth Congress

First Regular Session

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

REPUBLIC ACT NO. 10152

AN ACT PROVIDING FOR MANDATORY BASIC IMMUNIZATION SERVICES


FOR INFANTS AND CHILDREN, REPEALING FOR THE PURPOSE
PRESIDENTIAL DECREE NO. 996, AS AMENDED

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


assembled:

SECTION 1. Title.—This Act shall be known as the “Mandatory Infants and Children Health
Immunization Act of 2011”.

SEC. 2. Declaration of Policy.—In accordance with Article II, Section 15 of the Constitution,
it is hereby declared to be the policy of the State to take a proactive role in the preventive
health care of infants and children. Towards this end, the State shall adopt a comprehensive,
mandatory and sustainable immunization program for vaccine-preventable diseases for all
infants and children.

SEC. 3. Coverage.—The mandatory basic immunization for all infants and children provided
under this Act shall cover the following vaccine-preventable diseases:

(a) Tuberculosis;

(b) Diphtheria, tetanus and pertussis;

(c) Poliomyelitis;

(d) Measles;

(e) Mumps;

(f) Rubella or German measles;

(g) Hepatitis-B;

(h) H. Influenza type B (HIB); and


(i) Such other types as may be determined by the Secretary of Health in a department
circular.

The mandatory basic immunization shall be given for free at any government hospital or
health center to infants and children up to five (5) years of age.

Hepatitis-B vaccine shall be administered by any duly licensed physician, nurse or midwife to
ah infants born in hospitals, health infirmaries, health centers or lying-in centers with
obstetrical and pediatric services, whether public or private, within twenty-four (24) hours
after birth: Provided, however, That in cases of infants born in places other than the above,
any duly licensed physician, nurse or midwife who delivers, or assists in the delivery of the
newborn shall be responsible for administering the vaccine to the latter: Provided,
further. That for deliveries assisted by persons other. than the health professionals mentioned
above, the infant should be brought to any available health care facility so as to be
immunized against Hepatitis-B within twenty-four (24) hours after birth but not later than
seven (7) days: Provided, finally, That subsequent doses of Hepatitis-B vaccination shall be
completed according to the recommended schedule of Hepatitis-B immunization, as may be
provided in the implementing rules and regulations to be issued by the Department of Health
(DOH).

SEC. 4. Education and Information Campaign.—All health care practitioners or health care
workers who are administermg prenatal care shall educate all pregnant mothers on the
importance of giving their infants the basic immunization services as well as any possible
effects of immunization.

The DOH, other government agencies, nongovernment organizations, professional and


academic societies, and local government units shall make available appropriate information
materials and shall have a system of its distribution to the public.

SEC. 5. Obligation to Inform.—Any physician, nurse, midwife, nursing aide or skilled birth
attendant, who delivers, or assists in the delivery of, a newborn shall, prior to delivery, inform
parents or legal guardian of the newborn of the availability, nature and benefits of
immunization against Hepatitis-B and other vaccine-preventable diseases at birth.

SEC. 6. Continuing Education and Training of Health Personnel.—The DOH, with the
assistance of local government units, academe, professional societies and nongovernmental
organizations, shall undertake continuing information, education and training programs for all
health personnel on the rationale and benefits of as well as modern procedures for
immunization of infants and children against vaccine-preventable diseases.

SEC. 7. Appropriations.—The amount necessary to carry out the implementation of this Act
shah be charged against the current year’s appropriations for expanded program on
immunization of the DOH. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the annual General Appropriations Act.

The Philippine Health Insurance Corporation (PHIC) shall include the basic immunization
services in its benefit package.
SEC. 8. Implementing Rules and Regulations.—The DOH, in consultation with the National
Immunization Committee, shall issue the implementing rules and regulations within ninety
(90) days after the approval of this Act.

SEC. 9. Separability Clause.—If, for any reason, any part or provision of this Act shall he
declared unconstitutional or invalid, the remaining provisions hereof which are not affected
thereby shall continue to be in full force and effect.

SEC. 10. Repealing Clauss.—All laws, decrees, executive orders, rules and regulations or
parts thereof which are inconsistent with this Act are hereby repealed, amended or modified
accordingly.

SEC. 11. Effectivity.—This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in at least two (2) newspapers of general circulation.
Republic of the Philippines
Congress of the Philippines
Metro Manila

Eight Congress
Second Regular Session

REPUBLIC ACT NO. 6675


September 13, 1988

AN ACT TO PROMOTE, REQUIRE AND ENSURE THE PRODUCTION OF AN


ADEQUATE SUPPLY, DISTRIBUTION, USE AND ACCEPTANCE OF DRUGS AND
MEDICINES IDENTIFIED BY THEIR GENERIC NAMES.

Section. 1. Title. - This Act shall be known as the "Generics Act of 1988."

Sec. 2. Statement of Policy. - It hereby declared the policy of the State:


To promote, encourage and require the use of generic terminology in the importation,
manufacture, distribution, marketing, advertising and promotion, prescription and dispensing
of drugs;

To ensure the adequate supply of drugs with generic names at the lowest possible cost and
endeavour to make them available free for indigent patients;

To encourage the extensive use of drugs with generic names through a national system of
procurement and distribution;
To emphasize the scientific basis for the use of drugs, in order that health professionals may
become more aware and cognisant of the therapeutic effectiveness; and

To promote drug safety by minimizing duplication in medications and/or use of drugs with
potentially adverse drug interactions.
Sec. 3. Definition of Terms. - The following terms are herein defined for purposes of this
Act;
1. "Generic Name or Generic Terminology" is the identification of drugs and medicines by
their scientifically and internationally recognized active ingredients or by their generic names
as determined by the Bureau of Food and Drugs of the Department of Health.

2. "Active Ingredient" is the chemical component responsible for the claimed therapeutic
effect of the pharmaceutical product.

3. "Chemical Name" is the description of the chemical structure of the drugs and medicine
and serves as the complete identification of the compound.
4. "Drug Product" is the finished product form that contains the active ingredients, generally
but not necessarily in association with inactive ingredients.

5. "Drug Establishment" is any organization or company involved in the manufacture,


importation, repacking and/or distribution of drugs or medicines.

6. "Drug Outlets" means drugstores, pharmacist, and any other business establishment which
sell drugs or medicines.

7. "Essential Drug List" or "National Drug Formulary" is a list of drugs prepared and
periodically updated by the Department of Health on the basis of health conditions obtaining
in the Philippines as well as in the internationally accepted criteria. It shall consist of a core
list or a complimentary list.

8. "Core List" is the list of drugs that meet the health care needs hundred eighty days upon
the approval of this Act.

9. "Complimentary List" is a list of alternative drugs used wherein no response to the core
essential drug or where there is hypersensitivity reaction to the core essential drug or when,
for one reason or another, the core essential drugs cannot be given.

10. "Brand Name" is the proprietary name given by the manufacture to distinguish its
product from those of competitors.

11. "Generic Drugs" are not covered by the patent protection and which are labelled solely
by their international non-proprietary or generic name.

Sec. 4. The Use of Generic Terminology for Essential Drugs and Promotional Incentives. -
(a) In the promotion of the generic names for pharmaceutical products, special consideration
shall be given to drugs and medicines which are included in the Essential Drug List to be
prepared within one hundred eighty (180) days from approval of this Act and updated
quarterly by the Department of Health conditions obtaining in the Philippines as well as in
the internationally accepted criteria.

(b) The exclusive use of generic terminology in the manufacture, marketing and sales of
drugs and medicines, particularly those in the Essential Drug List, shall be promoted through
such a system of Incentive as the Board of Investments jointly with the Department of Health
and other government agencies as maybe authorized by laws, within one hundred eighty
(180) days after approval of this Act.

Sec. 5. Posting and Publication. - The Department of Health shall publish annually in at least
two newspapers of general circulation in the Philippines the generic names, and the
corresponding brand name under which they are marketed, of all drugs and medicines
available in the Philippines.

Sec. 6. Who shall use generic Terminology. - (a) All government agencies and their
personnel as well as other government agencies shall use generic terminology or generic
names in all transactions related to purchasing, prescribing, dispensing and administering of
all drugs and medicines.

(b) All medical, dental and veterinary practitioners, including private practitioners, shall
write prescriptions using generic name. The brand name maybe included if so desired.

(c) Any organization or company involved in the manufacture, importation, repacking,


marketing and/or distribution of drugs and medicine shall indicate prominently the generic
name of the product labels as well as in advertising and other promotional materials.

(d) Drug Outlets, including drugstores, hospital and non-hospital pharmacies and non-
traditional outlets such as supermarkets and stores shall inform any buyer about all other drug
products having the same generic name, together with their corresponding prices so that the
buyer may adequately exercise his option. Within one (1) year after approval of this Act, the
drug outlets referred to herein. Shall post in conspicuous places in their establishment, a list
of drug products with the same generic name and their corresponding prices.

Sec. 7. Provision on Quality, Manufacturer’s Identity and Responsibility. - In order to assure


responsibility of drug quality in all instances, the label of drugs and medicine shall have the
following: name and country of manufacture, dates of manufacture and expiration. The
quality of such generically labelled drugs and medicines shall be duly certified by the
Department of Health.

Sec. 8. Required Production. - Subject to the rules and regulations promulgated by the
Secretary of Health, every drug manufacturing company operating in the Philippines shall be
required to produce, distribute and make available to the general public the medicine it
produces, in the form of generic drug.

Sec. 9. Rules and Regulation. - The implementation of the provision of this Act shall be in
accordance with the rules and regulations to be promulgated by the Department of Health.
Rules and regulations with penal sanctions shall be promulgated within hundred eighty (180)
days after approval of this Act.

Sec. 10. Authority to Import. - Within three (3) years from the effectivity of this Act,
extendible by the president for another two (2) years and during periods of critical shortage
and absolute necessity, the Department of Health is hereby authorized to import raw materials
of which there is a shortage for the use of Filipino-owned or controlled drug establishments
to be marketed and sold exclusively under generic nomenclature. The President may
authorize the importation of raw materials tax and duty-free. The Secretary of Health shall
ensure that the imported raw materials are allocated fairly and efficiently among Filipino-
owned or controlled drug establishment. He shall submit to the office of the President and to
the Congress a quarterly report of the quantity, kind and value of the raw materials imported.

Sec. 11. Education Drive. - The Department of Health jointly with the Department of
Education, Culture and Sports, Philippine Information Agency and the Department of Local
Government shall conduct a continuous information campaign for the public and a continuing
education and training for the medical and allied medical professions on drugs with generic
names as an alternative of equal efficacy to the more expensive brand name drug. Such
educational campaign shall include information on the illnesses or symptoms which each
generically named drug is suppose to cure or alleviate, as well as its contradiction. The
Department of Health with assistance of the Department of Local Government and the
Philippine Information Agency shall monitor the progress of the education drive, and shall
submit regular reports to Congress.

Sec. 12. Penalty. - (A) Any person who shall violate Section 6(a), or 6(b) of this Act shall
suffer the penalty graduated hereunder, viz:

(a) For the first conviction, he shall suffer the penalty of reprimand, which shall be officially
recorded in the appropriate books of the Professional Regulation Commission.

(b) The second conviction, the penalty of fine in the amount of not less than two thousand
pesos (P2,000).
(c) For the third conviction, the penalty of fine in the amount of not less than five thousand
pesos (P5,000) but not exceeding ten thousand pesos (P10,000) and suspension of his license
to practice his profession for thirty days at the discretion of the court.

(d) For the fourth subsequent convictions, the penalty of fine not less than ten thousand
pesos (P10,000) and suspension of his license to practice his profession one year or longer at
the discretion of the court.

Any juridical person which violates Section 6(c), 6 (d), 7 or 8 shall suffer the penalty of a fine
of not less than five thousand pesos (P5,000) nor more than ten thousand pesos (P10,000) and
suspension or revocation of license to operate such drug establishment or drug outlet at the
discretion of the Court:Provided, that its officers directly responsible for the violation shall
suffer the penalty of fine and suspension or revocation of license to practice profession, if
applicable, and by imprisonment of not less than six (6) months nor more than one (1) year or
both fine and imprisonment at the discretion of the Court: andProvided, further that if the
guilty party is an alien, he shall beipso facto deported after service of sentence without need
of further proceedings.
(B) The Secretary of Health shall have the authority to impose administrative sanctions such
as suspension or cancellation of license to practice profession to the Professional Regulation
Commission, as the case may be, for the violation of the Act.

Sec. 13. Separability Clause. - If any provision of this Act is declared invalid, the remainder
of any provision hereof not affected thereby shall remain in force and effect.

Sec. 14. Repealing Clause. - The provisions of any law, executive order, presidential decree
or other issuance inconsistent with this Act are hereby repealed or modified accordingly.

Sec. 15. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or two (2) newspapers of general circulation.

This Act which is a consolidation of Senate Bill No. 453 and House Bill No. 10900 was
finally passed by the Senate and the House of Representatives on August 25, 1988,
respectively.
Approved: September 13, 1988
Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila

Fifteenth Congress
Third Regular Session

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

REPUBLIC ACT NO. 10354

AN ACT PROVIDING FOR A NATIONAL POLICY ON RESPONSIBLE


PARENTHOOD AND REPRODUCTIVE HEALTH

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


Congress assembled:

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

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

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

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

The State recognizes marriage as an inviolable social institution and the foundation of
the family which in turn is the foundation of the nation. Pursuant thereto, the State
shall defend:
(a) The right of spouses to found a family in accordance with their religious
convictions and the demands of responsible parenthood;

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

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

(d) The right of families or family associations to participate in the planning


and implementation of policies and programs

The State likewise guarantees universal access to medically-safe, non-abortifacient,


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

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

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

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

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

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

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

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

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

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

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

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

(i) Active participation by nongovernment organizations (NGOs), women’s


and people’s organizations, civil society, faith-based organizations, the
religious sector and communities is crucial to ensure that reproductive health
and population and development policies, plans, and programs will address the
priority needs of women, the poor, and the marginalized;
(j) While this Act recognizes that abortion is illegal and punishable by law, the
government shall ensure that all women needing care for post-abortive
complications and all other complications arising from pregnancy, labor and
delivery and related issues shall be treated and counseled in a humane,
nonjudgmental and compassionate manner in accordance with law and
medical ethics;

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

(l) There shall be no demographic or population targets and the mitigation,


promotion and/or stabilization of the population growth rate is incidental to
the advancement of reproductive health;

(m) Gender equality and women empowerment are central elements of


reproductive health and population and development;

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

(o) Development is a multi-faceted process that calls for the harmonization


and integration of policies, plans, programs and projects that seek to uplift the
quality of life of the people, more particularly the poor, the needy and the
marginalized; and

(p) That a comprehensive reproductive health program addresses the needs of


people throughout their life cycle.

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

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

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

(c) Basic Emergency Obstetric and Newborn Care (BEMONC) refers to


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

(d) Comprehensive Emergency Obstetric and Newborn Care (CEMONC)


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

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

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

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

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

(i) Male responsibility refers to the involvement, commitment, accountability


and responsibility of males in all areas of sexual health and reproductive
health, as well as the care of reproductive health concerns specific to men.

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

(k) Maternal health refers to the health of a woman of reproductive age


including, but not limited to, during pregnancy, childbirth and the postpartum
period.
(l) Modern methods of family planning refers to safe, effective, non-
abortifacient and legal methods, whether natural or artificial, that are
registered with the FDA, to plan pregnancy.

(m) Natural family planning refers to a variety of methods used to plan or


prevent pregnancy based on identifying the woman’s fertile days.

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

(o) Poor refers to members of households identified as poor through the


NHTS-PR by the Department of Social Welfare and Development (DSWD) or
any subsequent system used by the national government in identifying the
poor.

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

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

(1) Family planning information and services which shall include as a


first priority making women of reproductive age fully aware of their
respective cycles to make them aware of when fertilization is highly
probable, as well as highly improbable;

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


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

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

(5) Prevention, treatment and management of reproductive tract


infections (RTIs), HIV and AIDS and other sexually transmittable
infections (STIs);

(6) Elimination of violence against women and children and other


forms of sexual and gender-based violence;

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

(8) Treatment of breast and reproductive tract cancers and other


gynecological conditions and disorders;

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


health;

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


dysfunction;

(11) Reproductive health education for the adolescents; and

(12) Mental health aspect of reproductive health care.

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

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

(t) Reproductive health and sexuality education refers to a lifelong learning


process of providing and acquiring complete, accurate and relevant age- and
development-appropriate information and education on reproductive health
and sexuality through life skills education and other approaches.

(u) Reproductive Tract Infection (RTI) refers to sexually transmitted


infections (STIs), and other types of infections affecting the reproductive
system.

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

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

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

(y) Skilled birth attendance refers to childbirth managed by a skilled health


professional including the enabling conditions of necessary equipment and
support of a functioning health system, including transport and referral
faculties for emergency obstetric care.

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

(aa) Sustainable human development refers to bringing people, particularly the


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

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

For the purposes of this Act, midwives and nurses shall be allowed to administer
lifesaving drugs such as, but not limited to, oxytocin and magnesium sulfate, in
accordance with the guidelines set by the DOH, under emergency conditions and
when there are no physicians available: Provided, That they are properly trained and
certified to administer these lifesaving drugs.
Section 6. Health Care Facilities. – Each LGU, upon its determination of the
necessity based on well-supported data provided by its local health office shall
endeavor to establish or upgrade hospitals and facilities with adequate and qualified
personnel, equipment and supplies to be able to provide emergency obstetric and
newborn care: Provided, That people in geographically isolated or highly populated
and depressed areas shall have the same level of access and shall not be neglected by
providing other means such as home visits or mobile health care clinics as needed:
Provided, further, That the national government shall provide additional and
necessary funding and other necessary assistance for the effective implementation of
this provision.

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

No person shall be denied information and access to family planning services,


whether natural or artificial: Provided, That minors will not be allowed access to
modern methods of family planning without written consent from their parents or
guardian/s except when the minor is already a parent or has had a miscarriage.

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

Section 9. The Philippine National Drug Formulary System and Family Planning
Supplies. – The National Drug Formulary shall include hormonal contraceptives,
intrauterine devices, injectables and other safe, legal, non-abortifacient and effective
family planning products and supplies. The Philippine National Drug Formulary
System (PNDFS) shall be observed in selecting drugs including family planning
supplies that will be included or removed from the Essential Drugs List (EDL) in
accordance with existing practice and in consultation with reputable medical
associations in the Philippines. For the purpose of this Act, any product or supply
included or to be included in the EDL must have a certification from the FDA that
said product and supply is made available on the condition that it is not to be used as
an abortifacient.
These products and supplies shall also be included in the regular purchase of essential
medicines and supplies of all national hospitals: Provided, further, That the foregoing
offices shall not purchase or acquire by any means emergency contraceptive pills,
postcoital pills, abortifacients that will be used for such purpose and their other forms
or equivalent.

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

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

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

(c) Cost of family planning supplies.

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

Section 11. Integration of Responsible Parenthood and Family Planning Component


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

Section 12. PhilHealth Benefits for Serious and Life-Threatening Reproductive


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

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

Section 14. Age- and Development-Appropriate Reproductive Health Education. –


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

Section 15. Certificate of Compliance. – No marriage license shall be issued by the


Local Civil Registrar unless the applicants present a Certificate of Compliance issued
for free by the local Family Planning Office certifying that they had duly received
adequate instructions and information on responsible parenthood, family planning,
breastfeeding and infant nutrition.

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

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

Section 18. Sexual and Reproductive Health Programs for Persons with Disabilities
(PWDs). – The cities and municipalities shall endeavor that barriers to reproductive
health services for PWDs are obliterated by the following:
(a) Providing physical access, and resolving transportation and proximity
issues to clinics, hospitals and places where public health education is
provided, contraceptives are sold or distributed or other places where
reproductive health services are provided;

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

(c) Increasing access to information and communication materials on sexual


and reproductive health in braille, large print, simple language, sign language
and pictures;

(d) Providing continuing education and inclusion of rights of PWDs among


health care providers; and

(e) Undertaking activities to raise awareness and address misconceptions


among the general public on the stigma and their lack of knowledge on the
sexual and reproductive health needs and rights of PWDs.

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

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

(2) Ensure people’s access to medically safe, non-abortifacient, legal, quality


and affordable reproductive health goods and services; and

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

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

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

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

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

(4) Supervise and provide assistance to LGUs in the delivery of reproductive


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

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

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

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

Education and information materials to be developed and disseminated for this


purpose shall be reviewed regularly to ensure their effectiveness and relevance.

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

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

Section 22. Congressional Oversight Committee on Reproductive Health Act. – There


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

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

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

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

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

(1) Knowingly withhold information or restrict the dissemination


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

(2) Refuse to perform legal and medically-safe reproductive health


procedures on any person of legal age on the ground of lack of consent
or authorization of the following persons in the following instances:

(i) Spousal consent in case of married persons: Provided, That


in case of disagreement, the decision of the one undergoing the
procedure shall prevail; and

(ii) Parental consent or that of the person exercising parental


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

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


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

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

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

(d) Any person who shall falsify a Certificate of Compliance as required in


Section 15 of this Act; and

(e) Any pharmaceutical company, whether domestic or multinational, or its


agents or distributors, which directly or indirectly colludes with government
officials, whether appointed or elected, in the distribution, procurement and/or
sale by the national government and LGUs of modern family planning
supplies, products and devices.

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

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

Section 25. Appropriations. – The amounts appropriated in the current annual


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

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

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

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

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

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

(Sgd.) JUAN PONCE ENRILE (Sgd.) FELICIANO BELMONTE JR.


President of the Senate Speaker of the House of Representatives

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

(Sgd.) EMMA LIRIO-REYES (Sgd.) MARILYN B. BARUA-YAP


Secretary of Senate Secretary General
House of Representatives

Approved: DEC 21 2012

(Sgd.) BENIGNO S. AQUINO III


President of the Philippines

Republic Act No. 10767


Republic of the Philippines
Congress of the Philippines
Metro Manila

Sixteenth Congress

Third Regular Session

Begun and held in Metro Manila, Monday, the twenty-seventh day of July, two thousand
fifteen.

[REPUBLIC ACT NO. 10767]

AN ACT ESTABLISHING A COMPREHENSIVE PHILIPPINE PLAN OF ACTION TO


ELIMINATE TUBERCULOSIS AS A PUBLIC HEALTH PROBLEM AND
APPROPRIATING FUND THEREFOR

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


assembled:

SECTION 1. Title – This Act shall be known as the “Comprehensive Tuberculosis


Elimination Plan Act”.

SEC. 2. Declaration of Policy. – The State is mandated to adopt an integrated and


comprehensive approach to health development. Towards this end, the State shall support and
expand efforts to eliminate tuberculosis as a public health problem by increasing investments
for its prevention, treatment and control, and adopting a multisectoral approach in responding
to the disease.

SEC. 3. Definition of Terms. – As used in this Act:

(a) Comprehensive Philippine Plan of Action to Eliminate Tuberculosis refers to the program
of the national government for the elimination of tuberculosis in the country; and

(b) Tuberculosis or TB refers to an infectious but curable disease caused by bacteria


called Mycobacterium tuberculosis. It is transmitted from a TB patient to another through
coughing, sneezing and spitting and while the bacterium usually affects the lungs, it may also
affect the bone and other organs like the kidney and the liver.

SEC. 4. Comprehensive Philippine Plan of Action to Eliminate Tuberculosis. – The Secretary


of the Department of Health (DOH) shall establish a Comprehensive Philippine Plan of
Action to Eliminate Tuberculosis in consultation with appropriate public and private entities.
The Philippine Plan of Action shall consist of the following:

(a) The country’s targets and strategies in addressing the disease;

(b) The prevention, diagnosis, treatment, care and support, and other components of the
country’s response;
(c) The development and application of appropriate technologies to diagnose and treat the
disease;

(d) The strengthening of linkages with local and international organizations for possible
partnership in education, advocacy, research and funding assistance;

(e) The establishment of a review and monitoring system to gather data and monitor the
progress made in the elimination of tuberculosis; and

(f) The immediate mobilization of anti-TB services during and after natural and man-made
disasters through collaborative efforts of national and local governments and other entities.

SEC. 5. Strengthening of the National and Regional Coordinating Committees. – The


National Coordinating Committee (NCC) and the Regional Coordinating Committee (RCC)
of the DOH shall serve as the National TB Control Program’s (NTP’s) arm in strengthening
and supporting nationwide capacity for program operations and bridging collaborative efforts
between the public and private sector.

The Secretary of Health shall continue to improve the capability of the existing NCC and
RCC in ensuring efficiency in the implementation, monitoring and evaluation of the
Philippine Plan of Action and in the coordination of efforts of various sectors.

SEC. 6. Research, Demonstration Projects, Education and Training. – The Secretary of


Health shall, directly or through grants to public or nonprofit private entities, perform the
following activities:

(a) Conduct basic and clinical research based on the health agenda to be developed by
partners in the academe, health professional groups and other local health partners with
possible support from foreign organizations;

(b) Develop demonstration projects to generate evidence for responsive policies and to
develop regional capabilities for the prevention, detection, control, and elimination of
tuberculosis;

(c) Conduct nationwide public information campaign and education programs;

(d) Undertake education, training and clinical skills improvement activities for health care
providers;

(e) Provide support for model centers to sustain their initiatives under subparagraphs (b), (c)
and (d); and

(f) Collaborate with local and foreign organizations for partnership in various activities and in
providing technical and funding support.

SEC. 7. Strengthening of the Regional Centers for Health Development in the Provision of
Health Services to Eliminate TB. – The Secretary of Health shall strengthen the Regional
Centers for Health Development in the provision of health services to eliminate TB by
undertaking the following activities:
(a) Provide free laboratory services through the DOH retained hospitals;

(b) Provide reliable supply of drugs to patients for free by ensuring that local health centers,
through coordination with local government units (LGUs) concerned, have sufficient supply
of medicines for the communities they serve;

(c) Undertake public information and education programs to train the public on basic ways
and means to prevent the spread of tuberculosis;

(d) Train and enhance the capability of health providers in both public and private hospitals;

(e) Ensure the proper monitoring of tuberculosis cases in the country; and

(f) Ensure that monitoring services are extended as far as practicable, at the lowest local level
health unit.

SEC. 8. Education Programs. – The Secretary of Health, in coordination with the


Commission on Higher Education (CHED), shall encourage the faculty of schools of
medicine, nursing or medical technology and allied health institutions, to intensify
information and education programs, including the development of curricula, to significantly
increase the opportunities for students and for practicing providers to learn the principles and
practices of preventing, detecting, managing, and controlling tuberculosis.

SEC. 9. Inclusion in Basic Education. – The Secretary of Health, in coordination with the
Secretary of the Department of Education (DepED), shall work for the inclusion of modules
on the principles and practices of preventing, detecting, managing and controlling
tuberculosis in the health curriculum of every public and private elementary and high school.

SEC. 10. Media Campaign. – The Secretary of Health, in coordination with the Philippine
Information Agency (PIA), shall encourage local media outlets to launch a media campaign
on tuberculosis control, treatment and management, using all forms of multimedia and other
electronic means of communication.

The media campaign shall include materials that would discourage the general public from
spitting in public places and exhibiting unhygienic behavior that tend to undermine the
overall effort of preventing the spread of the disease.

SEC. 11. Regulation on Sale and Use of TB Drugs. – The Food and Drug Administration
(FDA) shall strengthen its implementation of the “No prescription, No anti-TB drugs” to
regulate the sale and use of anti-TB drugs in the market. It shall also ensure the quality of TB
drugs distributed in the market.

SEC. 12. Notification on TB Cases. – All public and private health centers, hospitals and
facilities shall observe the national protocol on TB management arid shall notify the DOH of
all TB cases as prescribed under the Manual of Procedures of the National TB Program and
the Philippine Plan of Action on Tuberculosis Control.

SEC. 13. PhilHealth TB Package. – The Philippine Health Insurance Corporation, otherwise
known as the PhilHealth, shall, as far as practicable, expand its benefit package for TB
patients to include new, relapse and return-after-default cases, and extension of treatment.
The PhilHealth shall enhance its present outpatient Directly Observed Treatment Short
Course (DOTS) package to make it more responsive to patients’ needs. It shall likewise
increase the number of accredited DOTS facilities to widen target beneficiaries who may
avail of reimbursements.

SEC. 14. Report. – The Secretary of Health shall submit an annual report to the Committees
on Health of the Senate and the House of Representatives on the activities carried out to
comply with the provisions of this Act.

SEC. 15. Appropriations. – The amount necessary to implement the provisions of this Act
shall be charged against the appropriations of the DOH, the DepED, the CHED and the PIA
under the General Appropriations Act.

SEC. 16. Implementing Rules and Regulations. – The DOH, in consultation with the DepED,
the CHED, the PIA, the LGUs, nongovernment organizations and other concerned entities,
shall issue the rules and regulations implementing the provisions of this Act within ninety
(90) days from its effectivity.

SEC. 17. Separability Clause. – If any provision or part hereof is held invalid or declared
unconstitutional, the other provisions which are not affected thereby shall continue to be in
full force and effect.

SEC. 18. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter
of instruction, administrative order, rule or regulation contrary to or inconsistent with the
provisions of this Act is hereby repealed, modified or amended accordingly.

SEC. 19. Effectivity. – This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

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