RH Bill - Philippines: full text of reproductive health and related measures RH Bill - Philippines: full text of reproductive health

bills filed at the Philippine Senate and House of Representatives, from the current (15th Congress) to as far back as 1999 (11th Congress). The final (2011), full text of the consolidated RH bill from the House of Representatives can be browsed here. Get the latest posts on the RH bill here: www.likhaan.org/category/tags/rh-bill For a short explanation on the importance of the RH bill, read the "Ten Good Reasons to Pass the RH Bill Now" (Filipino version: 10 Magandandang Dahilan na Ipasa na ang RH Bill) Visit the current website of RHAN (Reproductive Health Advocacy Network) Poor people have stories to tell about reproductive health; read them here (in Filipino) Visit the RH Bill Portal: www.rhbill.org Would you change any provision(s) in the current RH bills (15th Congress)? Why? Post your comments below. Before posting, say this first: "I can express these words and ideas to a roomful of people." If you think you can, then go ahead and post. If not, maybe you need to calm down first and edit your post. Bago mag-post, sabihin mo muna ito: "Kaya kong sabihin ang mga salita at ideyang ito sa isang kuwartong puno ng tao." Kung tingin mo kaya mo, sige at i-post. Kung hindi, baka kailangan mong kumalma muna at baguhin ang gusto mong isulat. 15th Congress - Senate Bill 2865 (consolidated bill, SB 2865) Download from the Senate website (PDF) FIFTEENTH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session SENATE S.B. No. 2865 (In substitution of SB 2378 and 2768, taking into consideration PSR 238) Prepared Jointly by the Committees on Health and Demography; Finance; and Youth, Women and Family Relations with Senators Defensor-Santiago, Lacson and (P.) Cayetano as authors AN ACT PROVIDING FOR A NATIONAL POLICY ON REPRODUCTIVE HEALTH AND POPULATION AND DEVELOPMENT Be it enacted by the Senate and the House of Representatives of the House of Representatives of the Philippines in Congress assembled: SECTION 1. Short Title This Act shall be known as the "The Reproductive Health Act of 2011. SEC. 2. State Policies The State recognizes and guarantees the human rights of all persons including their right to equality and non-discrimination 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. The State shall comply with all its international obligations under various human rights instruments relative to reproductive health and women's empowerment including the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights (ICESCR), Beijing Declaration, UN Declaration on the Elimination of Violence Against Women (DEVAW), Convention on the Elimination of All Forms of Discrimination Against Women

(CEDAW), International Conference on Population and Development (ICPD) and the Millennium Development Goals (MDGs). 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 also recognizes and guarantees the promotion of the welfare and rights of children and the youth. The State likewise guarantees universal access to medically-safe, effective, legal, affordable, and quality reproductive health care services, methods, devices, supplies and relevant information and education thereon according to the priority needs of women, children and other underprivileged sectors. The State shall address and seek to eradicate discriminatory practices, laws and policies that infringe on a person's exercise of sexual health and reproductive health and rights. SEC. 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 seek to promote the rights and welfare of every person. (c) Effective and quality reproductive health care services must be given primacy to ensure maternal and child health, and birth of healthy children, 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 medically-safe, effective, legal, accessible, affordable, and quality reproductive health care services is essential in the promotion of the 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 will provide information and access, without bias, to all methods of family planning which have been proven safe and effective in accordance with scientific and evidence-based medical standards such as those set by the World Health Organization (WHO) and registered and approved by the Food and Drug Administration (FDA). (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; (2) ensure effective partnership among the National Government, Local Government Units (LGUs) and the private sector in the design, implementation, coordination, integration, monitoring and evaluation of people-centered programs towards quality of life and environmental protection; and (3) conduct studies to analyze demographic trends towards sustainable human development in keeping with the principles of gender equality and the promotion and protection of women's reproductive rights and health. (g) The provision of reproductive health care and information must be the joint primary responsibility of the National Government and the LGUs consistent with their obligation to respect, protect and promote the right to health. (h) Active participation by non-government, women's and people's organizations, 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. The State shall ensure equitable allocation and utilization of resources in the provision of health care. (i) While this Act does not amend the penal law on abortion, the government shall ensure that all women needing care for post-abortion complications shall be treated and counseled in a humane, nonjudgmental and compassionate manner. (j) 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, in order to make that determination. SEC. 4. Definition of Terms For the purpose of this Act, the following terms shall be defined as follows: (a) Adolescent - refers to young people between the ages of ten (10) to nineteen (19) years who are in transition from childhood to adulthood;

(b) 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 loading dose of parenteral anticonvulsants, administration of initial dose of antibiotics, performance of assisted deliveries in imminent breech, 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; (c) 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; (d) Employer - includes any person acting in the interest of an employer, directly or indirectly. The term shall not include any labor organization or any of its officers or agents except when acting as an employer; (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, and modern methods of preventing or timing pregnancy; (f) 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 on the basis of a person's sex, sexual orientation and gender identity; (g) Gender Equity - refers to the policies, instruments, programs, policies, 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; (h) Healthcare Service Provider - refers to (1) a public or private 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) a public or private health care professional, who is any doctor of medicine, nurse, or midwife; (3) a public health worker engaged in the delivery of health care services; and (4) a barangay health worker who has undergone training programs under any accredited government and non-government organization 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 guidelines promulgated by the Department of Health (DOH); (i) Indigent - refers to a person who has no visible means of income, or whose income is insufficient for the subsistence of his family, as identified by a means test determined by the National Government; (j) 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; (k) Maternal Death Review - refers to qualitative, quantitative and in-depth study of the causes, trends and distribution of maternal death with the primary purpose of preventing future deaths through changes or additions to programs, plans and policies; (l) Maternal Health - refers to the health of women during pregnancy, childbirth and the postpartum period; (m) Modern Methods of Family Planning - refer to safe, effective and legal methods, whether natural or artificial; (n) Population and Development - refers to the conscious and explicit consideration of population and development variables (e.g. health, environment, education, housing, employment, etc.) in planning and

policymaking. It puts people and human development as the primary consideration for any development initiatives; (o) Reproductive Health (RH) - refers to the state of complete physical, mental and social wellbeing 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 safe 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; (p) Reproductive Health Care - refers to a full range of methods, techniques, facilities and services that contribute to reproductive health and well being by preventing and solving reproductive health-related problems. The elements of reproductive health care include: 1. Maternal health and nutrition, including breastfeeding; 2. Family planning information and services; 3. Prevention 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) as defined in Section 4 (t), sexually transmittable infections (STIs) as defined in Section 4 (w), breast and reproductive tract cancers and other gynecological conditions and disorders; 6. Elimination of violence against women and children and other forms of sexual and genderbased violence; 7. Education and counseling on sexual health; 8. Male responsibility and involvement and men's reproductive health; and 9. Prevention and treatment of infertility and sexual dysfunction; (q) Reproductive Health Care Program - refers to the systematic and integrated provision of reproductive health care elements to all citizens especially women, the poor, marginalized and those in vulnerable situations; (r) Reproductive Health Education - refers to lifelong learning process of providing and acquiring complete, accurate and relevant information and education on sexual health and reproductive health through life skills education and other approaches; (s) Reproductive 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; (t) Reproductive Tract Infection (RTI) - refers to infections of the reproductive system, including STIs, and other types of infections affecting the reproductive system; (u) 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, socio-cultural, and economic concerns; (v) 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; (w) Sexually Transmitted Infections (STIs) - refers to any infection that may be acquired or passed on through sexual contact; (x) Skilled Birth Attendance - childbirth managed by a skilled health professional plus the enabling conditions of necessary equipment and support of a functioning health system, including transport and referral facilities for emergency obstetric care; (y) Skilled Health Professional - refers to an accredited health professional, such as a doctor, nurse or registered- midwife; and (z) Sustainable Human Development - refers to bringing people particularly the poor and vulnerable at 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 creative lives, and done in a manner that promotes their rights and protects the life opportunities of future generations and the natural ecosystem on which all life depends.

SEC. 5. Hiring of Skilled Health Professionals for Maternal Health Care and Skilled Birth Attendance The LGUs, with the assistance of the DOH, shall employ an adequate number of midwives and other skilled health professionals for maternal health care andskilled birth attendance to achieve a minimum ratio of one (1) fulltime equivalent skilled health professional for every one hundred fifty (150) deliveries per year, to be based on the annual number of actual deliveries or live births for the past two (2) years; Provided, That people in geographically isolated or highly populated and depressed areas shall not be neglected. For the purposes of this Act, midwives and nurses shall be allowed to administer life-saving drugs, in accordance with the guidelines set by DOH, under emergency conditions and when there are no physicians available; Provided, That they are appropriately trained and certified proficient to administer these life-saving drugs. SEC. 6. Provision of Emergency Obstetric and Newborn Care Each LGU shall ensure the establishment or upgrading of hospitals or facilities with adequate and qualified personnel, equipment and supplies to be able to provide emergency obstetric and newborn care. For every 500,000 population, there shall ideally be at least one (1) public or private hospital for CEMONC and four (4) public or private health facilities for BEMONC which shall also be capable of providing blood transfusion services; Provided, That people in geographically isolated or highly populated and depressed areas shall not be neglected. SEC. 7. Access to Family Planning All accredited public and private health facilities shall provide a full range of modern family planning methods, except in specialty hospitals which may render such services on an optional basis. No person shall be denied information and access to family planning services. SEC. 8 . Maternal Death Review All LGUs, national and local government hospitals, and other public health units shall conduct an annual Maternal Death Review in accordance with the guidelines set by the DOH. SEC. 9. Family Planning Supplies as Essential Medicines The National Drug Formulary shall include hormonal contraceptives, intrauterine devices, injectables and other safe, legal and effective family planning products and supplies in accordance with Section 17 (d). These products and supplies shall also be included in the regular purchase of essential medicines and supplies of all national and local hospitals, provincial, city, and municipal health offices, including rural health units. SEC. 10. Procurement and Distribution of Family Planning Supplies The DOH shall lead and coordinate the efficient procurement and distribution to LGUs and usagemonitoring of family planning supplies for the whole country. The DOH shall coordinate with all appropriate LGU 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. SEC. 11. 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 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). SEC. 12. Mobile Health Care Service Each congressional district shall acquire a Mobile Health Care Service (MHCS) in the form of a van or other means of transportation appropriate to coastal and mountainous areas. 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 purchase of such may be funded from the Priority Development Assistance Fund (PDAF) of each Congressional District. The MHCS shall be operated by skilled health providers and adequately equipped with a wide range of reproductive health

care materials and information dissemination devices and equipment, the latter including, but not limited to, a television set for audio-visual presentations. All MHCS shall be operated by LGUs of provinces and highly urbanized cities. SEC. 13. Age- and Development- Appropriate Reproductive Health Education The State shall provide age- and development-appropriate reproductive health education which shall be taught by adequately trained teachers in formal and non-formal 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. SEC. 14. 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 DOH, shall be responsible for the training of BHWs and other barangay volunteers on the promotion of reproductive health. SEC. 15. Employers' Responsibilities The Department of Labor and Employment (DOLE) shall ensure that employers respect the reproductive rights of workers and their right to gender equality. Employers shall also uphold the right of all workers to know work conditions which may affect their health, particularly those related to their reproductive health. Employers shall furnish in writing the following information to all employees and applicants: (a) The medical and health benefits which workers are entitled to, including maternity and paternity leave benefits; and (b) The reproductive health hazards associated with work, including hazards that may affect their reproductive functions especially for pregnant women. SEC. 16. Public Awareness The DOH, Commission on Population (POPCOM) and the LGUs shall initiate and sustain a heightened nationwide multi-media campaign to raise the level of public awareness on the protection and promotion of reproductive health and rights including family planning. SEC. 17. Duties and Responsibilities (a) Pursuant to the herein declared policy, the DOH shall serve as the lead agency, along with the LGUs, 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, 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 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 non-government organizations and the private sector in reproductive health care service delivery and in the production, distribution and delivery of quality reproductive health and family planning supplies and commodities to make them accessible and affordable to ordinary citizens; 3. 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 4. 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) Pursuant to the Local Government Code, the LGUs shall: 1. Implement programs formulated by the DOH to achieve the purposes of this Act; 2. Ensure provision of basic health care services including, but not limited to, the operation and maintenance of facilities and equipment necessary for the delivery of a full range of reproductive health care services and the purchase and distribution of family planning goods and supplies as part of the essential health package defined by DOH and PHIC; and

3. Create and organize Reproductive Health Committees through their respective Local Development Councils (LDCs) to ensure the implementation of this Act. (d) The FDA shall issue strict guidelines with respect to the use of contraceptives, taking into consideration side effects or other harmful effects of their use. (e) 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. SEC. 18. Prohibited Acts The following acts are prohibited: (a) Any healthcare 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 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 third party consent or authorization. In case of married persons, the mutual consent of the spouses shall be preferred, if the spouse is present; Provided, That it is not an emergency case or one which requires immediate medical attention or procedure; Provided, further, That in the absence of the spouse or in case of disagreement of the spouses, the decision of the one undergoing the procedure shall prevail. 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 8344; Provided, That in the case of abused minors where parents and/or other family members are the perpetrators or suspects, as certified by the DSWD, City or Municipal Social Welfare and Development Office, no prior parental consent shall be necessary. In all cases, the patient has to be informed of the medical procedure and its consequences; and 3. Refuse to extend quality health care services and information on account of the person's marital status, gender, sexual orientation, age, religion, personal circumstances, or nature of work; Provided, That the conscientious objection of a healthcare 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 healthcare 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 RA 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, 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. SEC. 19. Penalties Any violation of this Act shall be penalized by imprisonment ranging from one (1) month to six (6) months or a fine of Ten Thousand (P10,000.00) to One Hundred Thousand Pesos (P100,000.00) or both fine and imprisonment, at the discretion of the court; Provided, That, if the offender is a public officer, elected or appointed, she/he shall also be administratively liable. SEC. 20. Reporting Requirements Before the end of April each year, the DOH and POPCOM, in consultation with non-government organizations, women's organizations, young people's organizations and the private sector, 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, non-government organizations 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. SEC. 21. Appropriations The amounts appropriated in the current annual General Appropriations Act (GAA) for reproductive health and natural and artificial family planning under the DOH and POPCOM 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 facilities 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 Sec. 10, and for other reproductive health services, shall be included in the subsequent years' general appropriations. The Gender and Development (GAD) funds of LGUs and national agencies shall be a source of funding for the implementation of this Act. SEC. 22. Implementing Rules and Regulations (IRR) Within sixty (60) days from the effectivity of this Act, the Secretary of Health or his/her designated representative as Chairperson, the authorized representative/s of POPCOM, 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 non-government, 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 Secretary of Health, shall come from non- government, women's, people's, and young people's organizations; Provided, That one of them shall represent women's organizations and another shall represent young people's organizations. SEC. 23. 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. SEC. 24-26. Separability Clause, Repealing Clause, Effectivity SEC. 24. Separability Clause If any provision or part hereof, is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting. SEC. 25. Repealing Clause Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or is inconsistent with the provision of this Act is hereby repealed, modified, or amended accordingly SEC. 26. Effectivity Clause This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation. Approved, 15th Congress - Authors' Amendments to HB 4244 15 March 2011 HON. ROGELIO J. ESPINA Chairman Committee on Population and Family Relations House of Representatives Constitution Hills, Quezon City Dear Chairman Espina: The principal authors of House Bill 4244, the consolidated substitute bill on "The Responsible Parenthood, Reproductive Health and Population and Development Act of 2011" met yesterday to formalize voluntary amendments to the bill in order to preclude misconceptions and protracted debates.

The authors have also authorized me to inform you that the following amendments be adopted as Committee amendments at the proper time: 1. Section 13 on "Roles of Local Governments in Family Planning Programs" found on lines 9-14, page 12, of the bill, which reads: "The LGUs shall ensure that poor families receive preferential access to services, commodities and programs for family planning. The role of Population Officers at municipal, city and barangay levels in the family planning effort shall be strengthened. Barangay health workers and volunteers shall be capacitated to give priority to family planning work." should be amended by deleting the phrase "give priority to family planning work." found in the last sentence of the Section, and should be substituted with the phrase "help implement this Act." This would obviate complaints that family planning is given inordinate priority. 2. Section 15 on "Mobile Health Care Service" found on page 12, lines 20-25, and page 13, lines 1-6, reading "Each Congressional District may be provided with at least one (1) Mobile Health Care Service (MHCS) in the form of a van or other means of transportation appropriate to coastal or mountainous areas. The MHCS shall deliver health care supplies and services to constituents, more particularly to the poor and needy, and shall be used to disseminate knowledge and information on reproductive health. The purchase of the MHCS may be funded from the Priority Development Assistance Fund (PDAF) of each congressional district. The operation and maintenance of the MHCS shall be operated by skilled health providers adequately equipped with a wide range of reproductive health care materials and information dissemination devices and equipment, the latter including, but not limited to, a television set for audiovisual presentations. All MHCS shall be operated by a focal city or municipality within a congressional district." should be amended to read as follows: "Each Congressional District may be provided with at least one (1) Mobile Health Care Service (MHCS) in the form of a van or other means of transportation appropriate to coastal or mountainous areas, the procurement and operation of which shall be funded by the National Government. The MHCS shall deliver health care supplies and services to constituents, more particularly to the poor and needy, and shall be used to disseminate knowledge and information on reproductive health. [The purchase of the MHCS may be funded from the Priority Development Assistance Fund (PDAF) of each congressional district.] The operation and maintenance of the MHCS shall be operated by skilled health providers adequately equipped with a wide range of reproductive health care materials and information dissemination devices and equipment, the latter including, but not limited to, a television set for audio-visual presentations. All MHCS shall be operated by a focal city or municipality within a congressional district." The reason for this amendment is to liberate the PDAF without prejudice to Members of the House who may still wish to use a portion of their PDAF for the purchase and operation of the MHCS. 3. Section 16 on "Mandatory Age-Appropriate Reproductive Health and Sexuality Education" found on page 13 from lines 7-25, and page 14 from lines 1-13, which reads: "Age-appropriate Reproductive Health and Sexuality Education shall be taught by adequately trained teachers in formal and non-formal education system starting from Grade Five up to Fourth Year High School using life skills and other approaches. The Reproductive Health and Sexuality Education shall commence at the start of the school year immediately following one (1) year from the effectivity of this Act to allow the training of concerned teachers. The Department of Education (DEPED), Commission on Higher Education (CHED), TESDA, Department of Social Welfare and Development (DSWD), Department of Health (DOH) shall formulate the Reproductive Health and Sexuality Education curriculum. Such curriculum shall be common to both public and private schools, out of school youth, and enrollees in the Alternative Learning System (ALS) based on, but. not limited to, the psychosocial and physical wellbeing, demography and reproductive health, and the legal aspects of reproductive health. "Age-appropriate Reproductive Health and Sexuality Education shall be integrated in all relevant subjects and shall include, but is not limited to, the following topics: a. Values formation; b. Knowledge and skills in self protection against discrimination, sexual violence and abuse, and teen pregnancy; c. Physical, social and emotional changes in adolescents;

d. Children's and women's rights; e. Fertility awareness; f. STI, HIV and AIDS; g. Population and development; h. Responsible relationship; i. Family planning methods; j. Proscription and hazards of abortion; k. Gender and development; and l. Responsible parenthood. "The DepEd, CHED, DSWD, TESDA, and DOH shall provide concerned parents with adequate and relevant scientific materials on the age-appropriate topics and manner of teaching Reproductive Health Education to their children." should be amended by providing a final paragraph which shall read: "Parents shall exercise the option of not allowing their minor children to attend classes pertaining to Reproductive Health and Sexuality Education." 4. Section 20 on "Ideal Family Size" found from lines 5-9 on page 15 which reads: "The State shall assist couples, parents and individuals to achieve their desired family size within the context of responsible parenthood for sustainable development and encourage them to have two children as the ideal family size. Attaining the ideal family size is neither mandatory nor compulsory. No punitive action shall be imposed on parents having more than two children." should be deleted in its entiretyconsidering that the norm on ideal family size is neither mandatory nor punitive. Its total deletion will preclude further misinformation and misrepresentation as to the import of the provision. Moreover, its deletion will also underscore freedom of informed choice. 5. Section 21 on "Employers' Responsibilities" found on page 15 from lines 10-15 and on page 16 from lines 1-4 which reads: "The Department of Labor and Employment (DOLE) shall ensure that employers respect the reproductive rights of workers. Consistent with the intent of Article 134 of the Labor Code, employers with more than 200 employees shall provide reproductive health services to all employees in their own respective health facilities. Those with less than 200 workers shall enter into partnerships with hospitals, health facilities, or health professionals in their areas for the delivery of reproductive health services. "Employers shall furnish in writing the following information to all employees and applicants: a. The medical and health benefits which workers are entitled to, including maternity and paternity leave benefits and the availability of family planning services; b. The reproductive health hazards associated with work, including hazards that may affect their reproductive functions especially pregnant women; and c. The availability of health facilities for workers. "Employers are obliged to monitor pregnant working employees among their workforce and ensure that they are provided paid half-day prenatal medical leave for each month of the pregnancy period that the pregnant employee is employed in their company or organization. These paid prenatal medical leave shall be reimbursable from the Social Security System (SSS) or the Government Service Insurance System (GSIS), as the case may be." should be deleted in its entirety considering that this provision is a restatement and amplification of the existing Article 134 of the Labor Code. This deletion would obviate further objections and debates. 5. Section 28 (e) on "Prohibited Acts" found on lines 24-25 on page 21 which reads: "Any person who maliciously engages in disinformation about the intent and provisions of this Act." should be deleted in its entirety in order to afford widest latitude to freedom of expression within the limits of existing penal statutes. Thank you and warmest personal regards. Very truly yours,

EDCEL C. LAGMAN Download letter in PDF format (330 KB) 15th Congress - House Bill 4244 (full text, final consolidated RH bill, HB 4244) Note: Voluntary amendments to this bill have been made by the authors. See the letter of Rep. Edcel Lagman to Rep. Rogelio Espina, Chairman of the Committee on Population and Family Relations. Download the PDF (4.6 MB) SEC. 1. Title This Act shall be known as the "The Responsible Parenthood, Reproductive Health and Population and Development Act of 2011." SEC. 2. Declaration of Policy The State recognizes and guarantees the exercise of the universal basic human right to reproductive health by all persons, particularly of parents, couples and women, consistent with their religious convictions, cultural beliefs and the demands of responsible parenthood. Toward this end, there shall be no discrimination against any person on grounds of sex, age, religion, sexual orientation, disabilities, political affiliation and ethnicity. Moreover, the State recognizes and guarantees the promotion of gender equality, equity and womens empowerment as a health and human rights concern. The advancement and protection of womens human rights shall be central to the efforts of the State to address reproductive health care. As a distinct but inseparable measure to the guarantee of womens rights, the State recognizes and guarantees the promotion of the welfare and rights of children. The State likewise guarantees universal access to medically-safe, legal, affordable, effective and quality reproductive health care services, methods, devices, supplies and relevant information and education thereon even as it prioritizes the needs of women and children, among other underprivileged sectors. The State shall eradicate discriminatory practices, laws and policies that infringe on a persons exercise of reproductive health rights. SEC. 3. Guiding Principles The following principles constitute the framework upon which this Act is anchored: 1. Freedom of choice, which is central to the exercise of right, must be fully guaranteed by the State; 2. Respect for, protection and fulfillment of reproductive health and rights seek to promote the rights and welfare of couples, adult individuals, women and adolescents; 3. Since human resource is among the principal asset of the country, maternal health, safe delivery of healthy children and their full human development and responsible parenting must be ensured through effective reproductive health care; 4. The provision of medically safe, legal, accessible, affordable and effective reproductive health care services and supplies is essential in the promotion of peoples right to health, especially of the poor and marginalized; 5. The State shall promote, without bias, all effective natural and modern methods of family planning that are medically safe and legal; 6. The State shall promote programs that: (1) enable couples, individuals and women to have the number and spacing of children and reproductive spacing they desire with due consideration to the health of women and resources available to them; (2) achieve equitable allocation and utilization of resources; (3) ensure effective partnership among the national government, local government units and the private sector in the design, implementation, coordination, integration, monitoring and evaluation of people-centered programs to enhance quality of life and environmental protection; (4) conduct studies to analyze demographic trends towards sustainable human development and (5) conduct scientific studies to determine safety and efficacy of alternative medicines and methods for reproductive health care development; 7. The provision of reproductive health information, care and supplies shall be the joint responsibility of the National Government and the Local Government Units (LGUs);

8. Active participation by non-government, womens, peoples, civil society organizations and communities is crucial to ensure that reproductive health and population and development policies, plans, and programs will address the priority needs of the poor, especially women; 9. While this Act recognizes that abortion is illegal and punishable by law, the government shall ensure that all women needing care for post-abortion complications shall be treated and counseled in a humane, non-judgmental and compassionate manner; 10. There shall be no demographic or population targets and the mitigation of the population growth rate is incidental to the promotion of reproductive health and sustainable human development; 11. Gender equality and women empowerment are central elements of reproductive health and population and development; 12. The limited resources of the country cannot be suffered to be spread so thinly to service a burgeoning multitude making allocations grossly inadequate and effectively meaningless; 13. Development is a multi-faceted process that calls for the coordination and integration of policies, plans, programs and projects that seek to uplift the quality of life of the people, more particularly the poor, the needy and the marginalized; and 14. That a comprehensive reproductive health program addresses the needs of people throughout their life cycle. SEC. 4. Definition of Terms For the purposes of this Act, the following terms shall be defined as follows: Adolescence refers to the period of physical and physiological development of an individual from the onset of puberty to complete growth and maturity which usually begins between eleven (11) to thirteen (13) years and terminating at eighteen (18) to twenty (20) years of age; Adolescent Sexuality refers to, among others, the reproductive system, gender identity, values and beliefs, emotions, relationships and sexual behavior at adolescence; AIDS (Acquired Immune Deficiency Syndrome) refers to a condition characterized by a combination of signs and symptoms, caused by Human Immunodeficiency Virus (HIV) which attacks and weakens the bodys immune system, making the afflicted individual susceptible to other life-threatening infections; Anti-Retroviral Medicines (ARVs) refer to medications for the treatment of infection by retroviruses, primarily HIV; Basic Emergency Obstetric Care refers to lifesaving services for maternal complications being provided by a health facility or professional, which must include the following six signal functions: administration of parenteral antibiotics; administration of parenteral oxytocic drugs; administration of parenteral anticonvulsants for pre-eclampsia and eclampsia; manual removal of placenta; removal of retained products; and assisted vaginal delivery; Comprehensive Emergency Obstetric Care refers to basic emergency obstetric care including deliveries by surgical procedure (caesarian section) and blood transfusion; Employer refers to any natural or juridical person who hires the services of a worker. The term shall not include any labor organization or any of its officers or agents except when acting as an employer; Family Planning refers to a program which enables couples, individuals and women to decide freely and responsibly the number and spacing of their children, acquire relevant information on reproductive health care, services and supplies and have access to a full range of safe, legal, affordable, effective natural and modern methods of limiting and spacing pregnancy; Gender Equality refers to the absence of discrimination on the basis of a persons sex, sexual orientation and gender identity in opportunities, allocation of resources or benefits and access to services; Gender Equity refers to fairness and justice in the distribution of benefits and responsibilities between women and men, and often requires women-specific projects and programs to end existing inequalities; Healthcare Service Provider refers to (1) 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) a 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; and (4) barangay health worker who has undergone training programs under any accredited government and non-government organization 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 guidelines promulgated by the Department of Health (DOH); HIV (Human Immunodeficiency Virus) refers to the virus which causes AIDS; Male Responsibility refers to the involvement, commitment, accountability, and responsibility of males in relation to women in all areas of sexual and reproductive health as well as the protection and promotion of reproductive health concerns specific to men; 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; Modern Methods of Family Planning refer to safe, effective and legal methods, whether the natural, or the artificial that are registered with the Food and Drug Administration (FDA) of the DOH, to prevent pregnancy; People Living with HIV (PLWH) refer to individuals who have been tested and found to be infected with HIV; Poor refers to members of households identified as poor through the National Household Targeting System for Poverty Reduction by the Department of Social Welfare and Development (DSWD) or any subsequent system used by the national government in identifying the poor. Population and Development refers to a program that aims to: (1) help couples and parents achieve their desired family size; (2) improve reproductive health of individuals by addressing reproductive health problems; (3) contribute to decreased maternal and infant mortality rates and early child mortality; (4) reduce incidence of teenage pregnancy; and (5) recognize the linkage between population and sustainable human development; Reproductive Health 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; 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 preventing and solving 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: (a) family planning information and services; (b) maternal, infant and child health and nutrition, including breastfeeding; (c) proscription of abortion and management of abortion complications; (d) adolescent and youth reproductive health; (e) prevention and management of reproductive tract infections (RTIs), HIV and AIDS and other sexually transmittable infections (STIs); (f) elimination of violence against women; (g) education and counseling on sexuality and reproductive health; (h) treatment of breast and reproductive tract cancers and other gynecological conditions and disorders; (i) male responsibility and participation in reproductive health; (j) prevention and treatment of infertility and sexual dysfunction; (k) reproductive health education for the adolescents; and (l) mental health aspect of reproductive health care. Reproductive Health Care Program refers to the systematic and integrated provision of reproductive health care to all citizens especially the poor, marginalized and those in vulnerable and crisis situations; Reproductive Health Rights refer to the rights of couples, individuals and women to decide freely and responsibly whether or not to have children; to determine the number, spacing and timing of their children; to make decisions concerning reproduction free of discrimination, coercion and violence; to have relevant information; and to attain the highest condition of sexual and reproductive health; Reproductive Health and Sexuality Education refers to a lifelong learning process of providing and acquiring complete, accurate and relevant information and education on reproductive health and sexuality through life skills education and other approaches; Reproductive Tract Infection (RTI) refers to sexually transmitted infections, and other types of infections affecting the reproductive system;

Responsible Parenthood refers to the will, ability and commitment of parents to adequately respond to the needs and aspirations of the family and children by responsibly and freely exercising their reproductive health rights; Sexually Transmitted Infection (STI) refers to any infection that may be acquired or passed on through sexual contact; Skilled Attendant refers to an accredited health professional, such as midwife, doctor or nurse, who has been educated and trained in the skills needed to manage normal (uncomplicated) pregnancies, childbirth and the immediate postnatal period, and in the identification, management and referral of complications in women and newborns, to exclude traditional birth attendant or midwife (hilot), whether trained or not; Skilled Birth Attendance refers to childbirth managed by a skilled attendant including the enabling conditions of necessary equipment and support of a functioning health system, and the transport and referral facilities for emergency obstetric care; and 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, and done in a manner that promotes their rights and protects the life opportunities of future generations and the natural ecosystem on which all life depends. SEC. 5. Midwives for Skilled Attendance The Local Government Units (LGUs) with the assistance of the DOH, shall employ an adequate number of midwives through regular employment or service contracting, subject to the provisions of the Local Government Code, to achieve a minimum ratio of one (1) fulltime skilled birth attendant for every one hundred fifty (150) deliveries per year, to be based on the annual number of actual deliveries or live births for the past two (2) years; Provided, That people in geographically isolated and depressed areas shall be provided the same level of access. SEC. 6. Emergency Obstetric Care Each province and city, with the assistance of the DOH, shall establish or upgrade hospitals with adequate and qualified personnel, equipment and supplies to be able to provide emergency obstetric and neonatal care. For every 500,000 population, there shall be at least one (1) hospital with comprehensive emergency obstetric and neonatal care and four (4) hospitals or other health facilities with basic emergency obstetric and neonatal care; Provided, That people in geographically isolated and depressed areas shall be provided the same level of access. SEC. 7. Access to Family Planning All accredited health facilities shall provide a full range of modern family planning methods, except in specialty hospitals which may render such services on an optional basis. For poor patients, such services shall be fully covered by the Philippine Health Insurance Corporation (PhilHealth) and/or government financial assistance on a no balance billing. After the use of any PhilHealth benefit involving childbirth and all other pregnancy-related services, if the beneficiary wishes to space or prevent her next pregnancy, PhilHealth shall pay for the full cost of family planning. SEC. 8. Maternal and Newborn Health Care in Crisis Situations The LGUs and the DOH shall ensure that a Minimum Initial Service Package (MISP) for reproductive health, including maternal and neonatal health care kits and services as defined by the DOH, will be given proper attention in crisis situations such as disasters and humanitarian crises. MISP shall become part of all responses by national agencies at the onset of crisis and emergencies. Temporary facilities such as evacuation centers and refugee camps shall be equipped to respond to the special needs in the following situations: normal and complicated deliveries, pregnancy complications, miscarriage and post-abortion complications, spread of HIV/AIDS and STIs, and sexual and genderbased violence. SEC. 9. Maternal Death Review All LGUs, national and local government hospitals, and other public health units shall conduct annual maternal death review in accordance with the guidelines set by the DOH. SEC. 10. Family Planning Supplies as Essential Medicines

Products and supplies for modern family planning methods shall be part of the National Drug Formulary and the same shall be included in the regular purchase of essential medicines and supplies of all national and local hospitals and other government health units. SEC. 11. Procurement and Distribution of Family Planning Supplies The DOH shall spearhead the efficient procurement, distribution to LGUs and usage-monitoring of family planning supplies for the whole country. The DOH shall coordinate with all appropriate LGUs to plan and implement this procurement and distribution program. The supply and budget allotment 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. SEC. 12. Integration of Responsible Parenthood and Family Planning Component in Anti-Poverty Programs A multi-dimensional approach shall be adopted in the implementation of policies and programs to fight poverty. Towards this end, the DOH shall endeavor to integrate a responsible parenthood and family planning component into all antipoverty and other sustainable human development programs of government, with corresponding fund support. The DOH shall provide such programs technical support, including capacity-building and monitoring. SEC. 13. Roles of Local Government in Family Planning Programs The LGUs shall ensure that poor families receive preferential access to services, commodities and programs for family planning. The role of Population Officers at municipal, city and barangay levels in the family planning effort shall be strengthened. The Barangay Health Workers and volunteers shall be capacitated to give priority to family planning work. SEC. 14. 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, obstetric complications, menopausal and post-menopausal related conditions shall be given the maximum benefits as provided by PhilHealth programs. SEC. 15. Mobile Health Care Service Each Congressional District may be provided with at least one (1) Mobile Health Care Service (MHCS) in the form of a van or other means of transportation appropriate to coastal or mountainous areas. The MHCS shall deliver health care supplies and services to constituents, more particularly to the poor and needy, and shall be used to disseminate knowledge and information on reproductive health. The purchase of the MHCS may be funded from the Priority Development Assistance Fund (PDAF) of each congressional district. The operation and maintenance of the MHCS shall be operated by skilled health providers and adequately equipped with a wide range of reproductive health care materials and information dissemination devices and equipment, the latter including, but not limited to, a television set for audiovisual presentations. All MHCS shall be operated by a focal city or municipality within a congressional district. SEC. 16. Mandatory Age-Appropriate Reproductive Health and Sexuality Education Age-appropriate Reproductive Health and Sexuality Education shall be taught by adequately trained teachers in formal and non-formal educational system starting from Grade Five up to Fourth Year High School using life skills and other approaches. The Reproductive Health and Sexuality Education shall commence at the start of the school year immediately following one (1) year from the effectivity of this Act to allow the training of concerned teachers. The Department of Education (DepEd), the Commission on Higher Education (CHED), the Technical Education and Skills Development Authority (TESDA), the DSWD, and the DOH shall formulate the Reproductive Health and Sexuality Education curriculum. Such curriculum shall be common to both public and private schools, out of school youth, and enrollees in the Alternative Learning System (ALS) based on, but not limited to, the psychosocial and the physical wellbeing, the demography and reproductive health, and the legal aspects of reproductive health. Age-appropriate Reproductive Health and Sexuality Education shall be integrated in all relevant subjects and shall include, but not limited to, the following topics: (a) Values formation; (b) Knowledge and skills in self protection against discrimination, sexual violence and abuse, and teen pregnancy;

(c) Physical, social and emotional changes in adolescents; (d) Childrens and womens rights; (e) Fertility awareness; (f) STI, HIV and AIDS; (g) Population and development; (h) Responsible relationship; (i) Family planning methods; (j) Proscription and hazards of abortion; (k) Gender and development; and (l) Responsible parenthood. The DepEd, CHED, DSWD, TESDA and DOH shall provide concerned parents with adequate and relevant scientific materials on the age-appropriate topics and manner of teaching Reproductive Health and Sexuality Education to their children. SEC. 17. Additional Duty of the Local Population Officer Each Local Population Officer of every city and municipality shall furnish free instructions and information on responsible parenthood, family planning, breastfeeding, infant nutrition and other relevant aspects of this Act to all applicants for marriage license. In the absence of a local Population Officer, a Family Planning Officer under the Local Health Office shall discharge the additional duty of the Population Officer. SEC. 18. 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. SEC. 19. Capability Building of Barangay Health Workers Barangay Health Workers and other community-based health workers shall undergo training on the promotion of reproductive health and shall receive at least 10% increase in honoraria, upon successful completion of training. SEC. 20. Ideal Family Size The State shall assist couples, parents and individuals to achieve their desired family size within the context of responsible parenthood for sustainable development and encourage them to have two children as the ideal family size. Attaining the ideal family size is neither mandatory nor compulsory. No punitive action shall be imposed on parents having more than two children. SEC. 21. Employers Responsibilities The Department of Labor and Employment (DOLE) shall ensure that employers respect the reproductive rights of workers. Consistent with the intent of Article 134 of the Labor Code, employers with more than two hundred (200) employees shall provide reproductive health services to all employees in their own respective health facilities. Those with less than two hundred (200) workers shall enter into partnerships with hospitals, health facilities, or health professionals in their areas for the delivery of reproductive health services. Employers shall furnish in writing the following information to all employees and applicants: (a) The medical and health benefits which workers are entitled to, including maternity and paternity leave benefits and the availability of family planning services; (b) The reproductive health hazards associated with work, including hazards that may affect their reproductive functions especially pregnant women; and (c) The availability of health facilities for workers. Employers are obliged to monitor pregnant working employees among their workforce and ensure that they are provided paid half-day prenatal medical leaves for each month of the pregnancy period that the pregnant employee is employed in their company or organization. These paid pre-natal medical leaves shall be reimbursable from the Social Security System (SSS) or the Government Service Insurance System (GSIS), as the case may be. SEC. 22. Pro Bono Services for Indigent Women Private and non-government reproductive health care service providers, including but not limited to gynecologists and obstetricians, are mandated 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, especially to pregnant adolescents. These forty-eight (48) hours annual pro bono services shall be included as pre-requisite in the accreditation under the PhilHealth. SEC. 23. Sexual And Reproductive Health Programs For Persons With Disabilities (PWDs) The cities and municipalities must ensure 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 persons with disabilities; (c) increasing access to information and communication materials on sexual and reproductive health in braille, large print, simple language, and pictures; (d) providing continuing education and inclusion rights of persons with disabilities 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 persons with disabilities. SEC. 24. Right to Reproductive Health Care Information The government shall guarantee the right of any person to provide or receive non-fraudulent information about the availability of reproductive health care services, including family planning, and prenatal care. The DOH and the Philippine Information Agency (PIA) shall initiate and sustain a heightened nationwide multi-media campaign to raise the level of public awareness of the protection and promotion of reproductive health and rights including family planning and population and development. SEC. 25. Implementing Mechanisms Pursuant to the herein declared policy, the DOH and the Local Health Units in cities and municipalities shall serve as the lead agencies for the implementation of this Act and shall integrate in their regular operations the following functions: (a) Ensure full and efficient implementation of the Reproductive Health Care Program; (b) Ensure peoples access to medically safe, legal, effective, quality and affordable reproductive health supplies and services; (c) Ensure that reproductive health services are delivered with a full range of supplies, facilities and equipment and that healthcare service providers are adequately trained for such reproductive health care delivery; (d) Take active steps to expand the coverage of the National Health Insurance Program (NHIP), especially among poor and marginalized women, to include the full range of reproductive health services and supplies as health insurance benefits; (e) Strengthen the capacities of health regulatory agencies to ensure safe, legal, effective, quality, accessible and affordable reproductive health services and commodities with the concurrent strengthening and enforcement of regulatory mandates and mechanisms; (f) Promulgate a set of minimum reproductive health standards for public health facilities, which shall be included in the criteria for accreditation. These minimum reproductive health standards shall provide for the monitoring of pregnant mothers, and a minimum package of reproductive health programs that shall be available and affordable at all levels of the public health system except in specialty hospitals where such services are provided on optional basis; (g) 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; (h) Furnish LGUs with appropriate information and resources to keep them updated on current studies and researches relating to responsible parenthood, family planning, breastfeeding and infant nutrition; and (i) Perform such other functions necessary to attain the purposes of this Act.

The Commission on Population (POPCOM), as an attached agency of DOH, shall serve as the coordinating body in the implementation of this Act and shall have the following functions: (a) Integrate on a continuing basis the interrelated reproductive health and population development agenda consistent with the herein declared national policy, taking into account regional and local concerns; (b) Provide the mechanism to ensure active and full participation of the private sector and the citizenry through their organizations in the planning and implementation of reproductive health care and population and development programs and projects; and (c) Conduct sustained and effective information drives on sustainable human development and on all methods of family planning to prevent unintended, unplanned and mistimed pregnancies. SEC. 26. Reporting Requirements Before the end of April of each year, the DOH shall submit an annual report to the President of the Philippines, the President of the Senate and the Speaker of the House of Representatives (HOR). The report shall provide a definitive and comprehensive assessment of the implementation of its programs and those of other government agencies and instrumentalities, civil society and the private sector and recommend appropriate priorities for executive and legislative actions. The report shall be printed and distributed to all national agencies, the LGUs, civil society and the 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 reproductive health and rights, particularly of parents, couples and women. SEC. 27. Congressional Oversight Committee (COC) There is hereby created a Congressional Oversight Committee composed of five (5) members each from the Senate and the HOR. The members from the Senate and the HOR shall be appointed by the Senate President and the Speaker, respectively, based on proportional representation of the parties or coalition therein with at least one (1) member representing the Minority. The COC shall be headed by the respective Chairs of the Committee on Youth, Women and Family Relations of the Senate and the Committee on Population and Family Relations of the HOR. The Secretariat of the COC shall come from the existing Secretariat personnel of the Senate and the HOR committees concerned The COC shall monitor and ensure the effective implementation of this Act, determine the inherent weakness and loopholes in the law, recommend the necessary remedial legislator or administrative measures and perform such other duties and functions as may be necessary to attain the objectives of this Act. SEC. 28. Prohibited Acts The following acts are prohibited: (a) Any healthcare service provider, whether public or private, who shall: (1) Knowingly withhold information or restrict the dissemination thereof, or intentionally provide incorrect information regarding programs and services on reproductive health, including the right to informed choice and access to a full range of legal, medically-safe and effective family planning methods; (2) Refuse to perform legal and medically-safe reproductive health procedures on any person of legal age on the ground of lack of third party consent or authorization. In case of married persons, the mutual consent of the spouses shall be preferred. However in case of disagreement, the decision of the one undergoing the procedure shall prevail. In the case of abused minors where parents or other family members are the respondent, accused or convicted perpetrators as certified by the proper prosecutorial office or court, no prior parental consent shall be necessary; and (3) Refuse to extend health care services and information on account of the persons marital status, gender, sexual orientation, age, religion, personal circumstances, or nature of work; Provided, That, the conscientious objection of a healthcare 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 healthcare service provider within the same facility or one which is conveniently accessible who is willing to provide the requisite information and services; Provided, further, That the person is not in an emergency condition or serious case as defined in RA 8344 otherwise known as "An

Act Penalizing the Refusal of Hospitals and Medical Clinics to Administer Appropriate Initial Medical Treatment and Support in Emergency and Serious Cases". (b) Any public official who, 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. (c) Any employer or his representative who shall require an employee or applicant, as a condition for employment or continued employment, to undergo sterilization or use or not use any family planning method; neither shall pregnancy be a ground for non-hiring or termination of employment. (d) Any person who shall falsify a certificate of compliance as required in Section 15 of this Act; and (e) Any person who maliciously engages in disinformation about the intent or provisions of this Act. SEC. 29. 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 (P 10,000.00) to Fifty Thousand Pesos (P 50,000.00) or both such fine and imprisonment at the discretion of the competent court; ProvidedThat, if the offender is a public official or employee, he or she shall suffer the accessory penalty of dismissal from the government service and forfeiture of retirement benefits. 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. SEC. 30. Appropriations The amounts appropriated in the current annual General Appropriations Act (GAA) for Family Health and Responsible Parenting under the DOH and POPCOM shall be allocated and utilized for the initial implementation of this Act. Such additional sums necessary to implement this Act; provide for the upgrading of facilities necessary to meet Basic Emergency Obstetric Care and Comprehensive Emergency Obstetric Care standards; train and deploy skilled health providers; procure family planning supplies and commodities as provided in Sec. 6; and implement other reproductive health services, shall be included in the subsequent GAA. SEC. 31. Implementing Rules and Regulations Within sixty (60) days from the effectivity of this Act, the Secretary of the DOH shall formulate and adopt amendments to the existing rules and regulations to carry out the objectives of this Act, in consultation with the Secretaries of the DepED, the Department of Interior and Local Government (DILG), the DOLE, the DSWD, the Director General of the National Economic and Development Authority (NEDA), and the Commissioner of CHED, the Philippine Commission on Women (PCW), and two NGOs or Peoples Organizations (POs) for women. Full dissemination of the IRR to the public shall be ensured. SEC. 32-34. Separability Clause, Repealing Clause, Effectivity SEC. 32. Separability Clause If any part or provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall remain in force and effect. SEC. 33. Repealing Clause All other laws, decrees, orders, issuances, rules and regulations which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. SEC. 34. Effectivity This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation. 15th Congress - Senate Bill 2378 (Sen. Miriam Defensor Santiago) Download the pdf file here (495 KB) or at the Senate website. Any discrepancy is due to unintentional error(s) in encoding the pdf file to plain text. What's your stand on Senate Bill 2378 (RH bill)? We value your opinion. Cast your vote here. FIFTEENTH CONGRESS OF THE REPUBLIC ) OF THE PHILIPPINES ) First Regular Session ) SENATE S.B. No. 2378

Introduced by Senator Miriam Defensor Santiago EXPLANATORY NOTE The Philippine government's duty to respect, protect and fulfill the people's right to health is clearly established under our Constitution. Article 2, Section 15, provides: SEC.15. The State shall protect and promote the right to health of the people and instill health consciousness among them. This duty is also clearly established under international law. In particular, two international human rights treaties, the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) have elaborated on the right to health, and the corresponding obligations of states parties in the fulfillment of this right. The Philippines is a state party to both the ICESCR (ratified in 1974, Philippine entry into force in 1976) and the CEDAW (ratified and Philippine entry into force in 1981); thus, both treaties have long been part of Philippine law and national policy. Article 12 of the ICESCR recognizes the right of everyone to "the enjoyment of the highest attainable standard of physical and mental health." "Health" is understood not just as a right to be healthy, but as a right to control one's own health and body, including sexual and reproductive freedom, and be free from interference such as torture or medical experimentation. It includes the right to a system of health protection which provides equality of opportunity for people to enjoy the highest attainable level of health and a right to the enjoyment of a variety of facilities, goods, services and conditions necessary for the realization of the highest attainable standard of health. (General Comment No. 14 on the implementation of Article 12 of the ICESCR) On the other hand, the CEDAW, Article 12 mandates States Parties to "take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure,on a basis of equality of men and women, access to health care services, including those related to family planning." The Convention further provides that "States Parties shall ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation." The CEDAW Committee, tasked to monitor the implementation of the convention, in its General Recommendation No. 24 on Women and Health called upon states parties to prioritize the prevention of unwanted pregnancy through family planning and sex education and to reduce maternal mortality rates 1 through safe motherhood services and prenatal assistance. Thus, within the context of the Constitutional provisions on women's right to health and the State's international commitments as embodied in the lCESCR, the CEDAW, and other various human rights instruments such as: the International Conference on Population and Development Program of Action (ICPD-POA), the Beijing Platform of Action (BPA) and the Millennium Development Goals specifically Goal 5 (MDG 5), the State is bound to address Reproductive Health-related issues. Despite these clearly defined policies and obligations, the Philippine government has yet to establish programs that realize our right to health, in particular, reproductive health. Consider the following: Eleven (11) Filipino women, die every twenty-four hours daily due to pregnancy and childbirthrelated complications. Thus, the Philippines has one of the highest Maternal Mortality Rate (MMR) in Asia. More than 60% of pregnancies in the Philippines is classified as high-risk (2003 National Demographic and Health Survey). 2.6 million Filipino women would like to plan their families but lack information and access to do so. (Family Planning Survey 2006) Adolescent pregnancy is 30% of annual births (DOH/WHO/UNFPA). Experts from around the world now acknowledge that almost all maternal deaths could be prevented with appropriate care. Yet in the Philippines today, less than half of all deliveries take place with the assistance of a skilled birth attendant. Since every maternal death is a family and community tragedy, the community must involve itself in maternal care. This bill compels the state to guarantee universal access to medically-safe, legal, affordable and quality reproductive health services, methods, devices, supplies and relevant information thereon.

Reproductive health and family planning significantly improves maternal health and lowers maternal morbidity. Having the ability to plan and space children will afford women more employment, educational opportunities, and ultimately, economic empowerment. If we are seriously committed to eradicate poverty, pursue sustainable development and improve our quality of life, then the issue of population cannot be ignored. However, this bill does not dictate any form of population control. Rather it will help give parents the opportunity to exercise their right to freely and responsibly plan the number and spacing of their children. It will allow persons to choose which form of family planning best suits them. This shall implement Article 15, Section 3, paragraph (1) of the Constitution which states that, "the state shall defend the right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood." Finally, this bill does not promote abortion. In fact, this bill is "pro-life." While, it does not amend the penal law on abortion, it ensures that women needing care for post-abortion complications shall be treated and not left to die. The state's legal enforcement of the abortion prohibition must not inhibit women's right to access this live-saving medical procedure. Indeed it should be noted that even dangerous criminals and fugitives of the law who get injured or caught in a shoot-out with law enforcement officers are entitled to emergency hospitalization and treatment. Withholding or limiting post-abortion care is not an acceptable, let alone humane approach to the reduction of the number of abortions, which is more aptly addressed through preventive education and information programs including knowledge of safe and available options to prevent pregnancy and the risks of abortion. The Constitution guarantees full respect for human rights. Health is a fundamental human right indispensable for the exercise of other human rights and conducive to living a life in dignity. Passage of this bill is a step towards the attainment of that constitutional guarantee. MIRIAM DEFENSOR SANTIAGO
1.

Committee on the Elimination of Discrimination against Women, General Recommendations Made by the Committee on the Elimination of Discrimination Against Women, General Recommendation No. 24, para. 31 (c), available at http://www.un.org/womenwatch/daw/cedaw/recommendations/recomm.htm. SECTION 1. Short Title FIFTEENTH CONGRESS OF THE REPUBLIC ) OF THE PHILIPPINES ) First Regular Session ) SENATE S.B. No. 2378 Introduced by Senator Miriam Defensor Santiago AN ACT PROVIDING FOR A NATIONAL POLICY ON REPRODUCTIVE HEALTH AND POPULATION AND DEVELOPMENT Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled: SECTION 1. Short Title. - This Act shall be known as tbe "The Reproductive Health Act." SECTION 2. Declaration of Principles The State recognizes and guarantees the human rights of all persons including their right to equality and non-discrimination in 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, cultural beliefs, and the demands of responsible parenthood. Moreover, the State recognizes and guarantees the promotion of gender equality, equity and women's empowerment as a health and human rights concern. 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 likewise recognizes and guarantees the promotion of the welfare and rights of children. In furtherance of these principles, the State shall guarantee universal access to information and education, and safe, affordable, and quality reproductive health care services.

The State likewise guarantees universal access to medically-safe, legal, affordable and quality reproductive health care services, methods, devices, supplies and relevant information thereon according priority to the needs of women and children, or other underprivileged sectors. The State shall address and seek to eradicate discriminatory practices, laws and policies that infringe on a person's exercise of sexual and reproductive health and rights. SECTION 3. Guiding Principles This Act declares the following as guiding principles: (A) The right to make free and informed decision, 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 seek to promote not only the rights and welfare of adult individuals and couples but those of adolescents and children as well. (C) Effective reproductive health care services must be given primacy to ensure maternal health and birth of healthy children, 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 medically-safe, accessible and affordable and quality reproductive health care services is essential in the promotion of people's right to health and shall be incorporated as a component of primary health care. (E) The State will provide access, without bias, all modern methods of family planning which have been proven safe and effective in accordance with scientific and evidence-based medical standards such as those set by the World Health Organization (WHO). (F) The State shall promote a program that: (1) enables individuals and couples to have the number of children they desire with due consideration to the health, particularly of women, and resources available to them. (2) achieves equitable allocation and utilization of resources; (3) ensures effective partnership among the national government, local government units and the private sector in the design, implementation, coordination, integration, monitoring and evaluation of people-centered programs towards quality of life and environmental protection; and (4) conducts studies to analyze demographic trends towards sustainable human development in keeping with the principles of gender equality and the promotion of women's health. (G) The provision of reproductive health care and information must be the joint primary responsibility of the National Government and Local Government Units consistent with their obligation to respect, protect and promote the right to health including reproductive health. (H) Active participation by non-government, women's, people's, civil society organizations; and communities is crucial to ensure that reproductive health and population and development policies, plans, and programs will address the priority needs of the poor, especially women. The state shall encourage equitable allocation and utilization of resources in the provision of health care. (I) While this Act does not amend penal law on abortion, the government shall ensure that all women needing care for post-abortion complications shall be treated and counseled in a humane, nonjudgmental and compassionate manner. SECTION 4. Definition of Terms For the purpose of this Act, the following terms shall be defined as follows: (A) Adolescence - refers to a life stage of people ten (10) to nineteen (19) years of age. (B) Adolescent sexuality - refers to, among others, the reproductive system, gender identity, values or beliefs, emotions, relationships and sexual behavior of young people as social beings. (C) AIDS (Acquired Immune Deficiency Syndrome) - refers to a condition characterized by a combination of signs and symptoms, caused by HIV which attacks and weakens the body's immune system, making the afflicted individual susceptible to other life-threatening infections. (D) Anti-Retroviral Medicines (ARVs) - Antiretroviral drugs are medications for the treatment of infection by retroviruses, primarily HIV. (E) Basic Emergency Obstetric Care - refers to lifesaving services for maternal complications being provided by a health facility or professional, which must include the following six signal functions: administration of parenteral antibiotics; administration of parenteral oxytocic drugs; administration of parenteral anticonvulsants for pre-eclampsia and eclampsia; manual removal of placenta; removal of retained products; and assisted vaginal delivery.

(F) Comprehensive Emergency Obstetric Care - refers to basic emergency obstetric care plus two other signal functions: performance of caesarian section and blood transfusion. (G) Employer - includes any person acting in the interest of an employer, directly or indirectly. The term shall not include any labor organization or any of its officers or agents except when acting as an employer. (H) 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, effective, and modern methods of preventing pregnancy. (I) Gender equality - refers to 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 on the basis of a person's sex, sexual orientation and gender identity. (J) Gender equity - 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. (K) Healthcare Service Providers - refers to (a) health care institution, which is duly licensed and accredited and devoted primarily to the maintenance and operation of facilities for health promotion, 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; ((b) a health care professional, who is any doctor of medicine, nurse, or midwife; (c) public health worker engaged in the delivery of health care services; and (d) barangay health worker who has undergone training programs under any accredited government and non-government organization 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 guidelines promulgated by the Department of Health (DOH); (L) HIV (Human Immunodeficiency Virus) - refers to the virus which causes AIDS; (M) Male responsibility - refers to the involvement, commitment, accountability, and responsibility of males with women in 1111 areas of sexual and reproductive health, as well as the care of reproductive health concerns specific to men; (N) 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; (O) Modern Methods of Family Planning - refers to safe, effective and legal methods to prevent pregnancy such as the pill, intra-uterine device (IUD), injectables, condom, ligation,vasectomy, and modern natural family planning methods which inc1ude mucus, Billings, ovulation, lactational amenorrhea, basal body temperature, and Standard Days methods; (P) People Living with HIV (PLWH) - refers to individuals whose HIV tests indicate that they are infected with HIV; (Q) Reproductive health - refers to the state of complete physical, mental and social well- being and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and to its functions and processes. This implies that people are able to have a satisfying and safe sex life, that they have the capability to reproduce and the freedom to decide if, when and how often to do so, provided that these are not against the law. This further implies that women and men attain equal relationships in matters related to sexual relations and reproduction; (R) Reproductive Health Care - the access to a full range of methods, techniques, facilities and services that contribute to reproductive health and well being by preventing and solving 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: 1. maternal, infant and child health and nutrition including breastfeeding 2. family planning information and services; 3. prevention of abortion and management of abortion complications; 4. adolescent and youth reproductive health; 5. prevention and management of reproductive tract infections (RTIs), HIV and AIDS and other sexually transmittable infections (STIs); 6. elimination of violence against women; 7. education and counseling on sexuality and sexual health; 8. treatment of breast and reproductive tract cancers and other gynecological conditions and disorders;

9. male responsibility and participation in reproductive health; and 10. prevention and treatment of infertility and sexual dysfunction. (S) Reproductive Health Care program - refers to the systematic, integrated provision of reproductive health care elements to all citizens especially the poor, marginalized and those in vulnerable situations. (T) Reproductive tract infection (RTI) refers to sexually transmitted infections, and other types of infections affecting the reproductive system. (U) Reproductive Health and Sexuality Education refers to lifelong learning process of providing and acquiring complete, accurate and relevant information and education on reproductive health and sexuality through life skills education and other approaches. (V) Reproductive rights - the rights of individuals and couples, to decide freely and responsibly whether or not to have children; the number, spacing and timing of their children; to make other decisions concerning reproduction free of discrimination, coercion and violence; to have the information and means to do so; and to attain the highest standard of sexual and reproductive health. (W) Sexually Transmitted Infections (STIs) refers to any infection that may be acquired or passed on through sexual contact. (X) Skilled Attendant - an accredited health professionalsuch as a midwife, doctor or nursewho has been educated and trained to proficiency in the skills needed to manage normal (uncomplicated) pregnancies, childbirth and the immediate postnatal period, and in the identification, management and referral of complications in women and newborns; traditional birth attendants or traditional midwivestrained or notare excluded from this category. (Y) Skilled Birth Attendance childbirth managed by a skilled attendant plus the enabling conditions of necessary equipment and support of a functioning health system, including transport and referral facilities for emergency obstetric care. (Z) Sustainable Human Development refers to bringing peopleparticularly the poor and vulnerableat 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 creative lives, and done in a manner that promotes their rights and protects the life opportunities of future generations and the natural ecosystem on which all life depends. SECTION 5. Midwives for Skilled Attendance The Local Government Units (LGUs) with assistance of the Department of Health (DOH), shall employ an adequate number of midwives to achieve a minimum ratio of one (1) fulltime skilled birth attendant for every one hundred fifty (150) deliveries per year, to be based on the annual number of actual deliveries or live births for the past two years. Provided, that people in geographically isolated and depressed areas shall have the same level of access. SECTION 6. Emergency Obstetric Care Each province and city shall ensure the establishment or upgrading of hospitals with adequate and qualified personnel, equipment and supplies to be able to provide emergency obstetric care. For every 500,000 population, there shall be at least one (1) hospital for comprehensive emergency obstetric care and four (4) hospitals for basic emergency obstetric care, provided, that people in geographically isolated and depressed areas shall have the same level of access. SECTION 7. Access to Family Planning All accredited health facilities shall provide full range of modern family planning methods, except in specialty hospitals which may render such services on optional basis. For poor patients, such services shall be fully covered by PhilHealth Insurance and/or government financial assistance. After the use of any PhilHealth benefit involving childbirth and all other pregnancy- related service wherein the beneficiary wishes to space or prevent her next pregnancy, PhilHealth shall pay for the full cost of family planning for the next three (3) years. The benefit payments shall be channeled to appropriate local or national government health facilities. SECTION 8. Maternal Death Review All Local Government Units (LGUs), national and local government hospitals, and other public health units shall conduct annual maternal death review in accordance with the guidelines set by the DOH. SECTION 9. Family Planning Supplies as Essential Medicines Hormonal contraceptives, intrauterine devices, injectables and other safe and effective family planning products and supplies shall be part of the National Drug Formulary and the same shall be included in the

regular purchase of essential medicines and supplies of all national and local hospitals and other government health units SECTION 10. Procurement and Distribution of Family Planning Supplies The DOH shall spearhead the efficient procurement, distribution of to LGUs and usage-monitoring of family planning supplies for the whole country. The DOH shall coordinate with all appropriate LGU 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. SECTION 11. 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 shall be given the maximum benefits as provided by PhilHealth programs. SECTION 12. Mobile Health Care Service Each Congressional District shall be provided with the Mobile Health Care Service (MHCS) in the form of a van or other means of transportation appropriate to coastal and mountainous areas. 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 purchase of such shall be funded from the Priority Development Assistance Fund (PDAF) of each Congressional District. The subsequent operation and maintenance of the MHCS shall be subject to an agreement entered into between the district representative and the recipient province or cities. The MHCS shall be operated by skilled health providers and adequately equipped with a wide range of reproductive health care materials and information dissemination devices and equipment, the latter including but not limited to a television set for audio-visual presentations. All MHCS shall be operated by LGUs of provinces and highly urbanized cities. SECTION 13. Mandatory Age-Appropriate Reproductive Health and Sexuality Education Age-appropriate Reproductive Health and Sexuality Education shall be taught by adequately trained teachers in formal and non-formal educational system starting from Grade 5 using life-skills and other approaches. Reproductive Health and Sexuality Education shall commence at the start of the school year immediately following one year from the effectivity of this Act. The Department of Education (DEPED), Commission on Higher Education (CHED), TESDA, and Department of Social Welfare and Development (DSWD), and the Department of Health (DOH) shall formulate the RH and Sexuality Education curriculum. Such curriculum shall be common to both public and private schools, out of school children, youth and adults in the Alternative Learning System (ALS) based on but not limited to the following contents: Psycho-Social Wellbeing, Legal and Ethical aspects of RH, Demography and RH and Physical Wellbeing. Age-appropriate reproductive health and sexuality education shall be integrated in all relevant subjects and shall include, but not limited to the following topics: a. Values formation b. Knowledge and skills in self protection against discrimination, sexual violence and abuse, and (een pregnancy. c. Physical, Social and Emotional Changes in Adolescents d. Children's and women's rights e. Fertility awareness f. STI, HIV and AIDS g. Population and development h. Responsible relationship i. Family planning methods j. Proscription and hazards of abortion k. Gender and development l. Responsible parenthood The DepEd, CHED, DSWD, TESDA, and DOH shall provide concerned parents with adequate and relevant scientific materials on the age-appropriate topics and manner of teaching reproductive health education to their children.

SECTION 14. Capability Building of Barangay Health Workers Barangay Health Workers and other community-based health workers shall undergo training on the promotion of reproductive health and shall receive at least 10% increase in honoraria provided that those receiving less than P1,000.00 shall receive at least 20% increase upon successful completion of training. This increase in honoraria shall be funded from the Gender and Development (GAD) budget or other sources of funds of the Local Government Units. SECTION 15. Employers' Responsibilities The Department of Labor and Employment (DOLE) shall ensure that employers respect the reproductive rights of workers. Consistent with the spirit of Article 134 of the Labor Code, employers with more than 200 employees shall integrate the provision of reproductive health services to all employees in their respective health facilities. Those with less than 200 workers shall enter into partnership with hospitals, health facilities, and or health professionals in their areas for the delivery of reproductive health services. Employers shall also uphold the right of all workers to know work conditions which may affect their health, particularly those related with their reproductive health. Employers shall furnish in writing the following information to all employees and applicants: a. The medical and health benefits which workers are entitled to, including maternity and paternity leave benefits and the availability of family planning services; b. The reproductive health hazards associated with work, including hazards that may affect their reproductive functions especially pregnant women; c. The availability of health facilities for workers. SECTION 16. Multi-Media Campaign The DOH shall initiate and sustain a heightened nationwide multi-media campaign to raise the level of public awareness on the protection and promotion of reproductive health and rights including family planning and population and development. SECTION 17. Implementing mechanisms (A) Pursuant to the herein declared policy, the DOH and the Local Health Units shall serve as the lead agencies 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 peoples access to medically safe, legal, quality and affordable reproductive health goods and services; 3. Ensure that reproductive health services are delivered with a full range of supplies, facilities and equipment and that service providers are adequately trained for such reproductive health care delivery; 4. Take active steps to expand the coverage of the National Health Insurance Program (NHIP), especially among poor and marginalized women, to include the full range of reproductive health services and supplies as health insurance benefits; 5. 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; 6. Facilitate the involvement and participation of non-government organizations and the private sector in reproductive health care service delivery and in the production, distribution and delivery of quality reproductive health and family planning supplies and commodities to make them accessible and affordable to ordinary citizens; 7. Furnish local government units with appropriate information and resources to keep the latter updated on current studies and researches relating to family planning, responsible parenthood, breastfeeding and infant nutrition; and 8. Perform such other functions necessary to attain the purposes of this Act. (B) The POPCOM, as an attached agency of DOH, shall render technical assistance to the local government units in the implementation of this Act, particularly in incorporating the standards set by the International Conference on Population and Development and other relevant international human rights instruments into development planning. SECTION 18. Prohibited Acts The following acts are prohibited: (A) Any healthcare service provider, whether public or private, who shall:

1. Knowingly withhold information or restrict the dissemination thereof, andlor intentionally provide incorrect information regarding programs and services on reproductive health including the right to informed choice and access to a full range of legal, medically-safe and effective family planning methods; 2. Refuse to perform legal and medically-safe reproductive health procedures on any person of legal age on the ground of lack of third party consent or authorization. In case of married persons the mutual consent of the spouses shall be preferred. However in case of disagreement, the decision of the one undergoing the procedure shall prevail. In the case of abused minors where parents and/or other family members are the perpetrators as certified to by the Department of Social Welfare (DSWD) and Development, no prior parental consent shall be necessary; and 3. Refuse to extend quality health care services and information on account of the person's marital status, gender, sexual orientation, age, religion, personal circumstances, or nature of work, provided that, the conscientious objection of a healthcare 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 healthcare 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 RA 8344 penalizing the refusal of hospitals and medical clinics to administer appropriate initial medical treatment and support in emergency and serious cases. (B) Any public official who, 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. (C) Any employer who shall require or cause any applicant for employment or an employee to: submit himself/herself to sterilization; use any contraceptive method; or not use such methods as a condition for employment or continued employment. Further, pregnancy shall not be a ground for non-hiring or termination from employment. SECTION 19. Penalties Any violation of this act shall be penalized by imprisonment ranging from one (1) month to six (6) months or imposed a fine of Ten Thousand (P 10,000.00) to Fifty Thousand Pesos (P 50,000.00) or both such fine and imprisonment at the discretion of the court, provided that if the offender is a public official, s/he shall also be administratively liable. SECTION 20. Reporting Requirements Before the end of April each year, the DOH shall submit an annual report to the President of the Philippines. The report shall provide a definitive and comprehensive assessment of the implementation of its programs and those of other Government agencies and instrumentalities, civil society and the private sector and recommend appropriate priorities for executive and legislative actions. The report shall be printed and distributed to all national agencies, the LGUs, civil society and the 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 womens reproductive health and rights. SECTION 21. Appropriations The amounts appropriated in the current annual General Appropriations Act for reproductive health and natural and artificial family planning under the DOH and POPCOM 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 facilities necessary to meet Basic Emergency Obstetric Care and Comprehensive Emergency Obstetric Care standards; the training and deployment of skilled health providers, natural and artificial family planning commodity requirements as outlined in Sec. 10, and for other reproductive health services, shall be included in the subsequent years' general appropriations. SECTION 22. Implementing Rules and Regulations Within thirty (30) days from the effectivity of this Act, the Department of Health, National Economic and Development Authority, Department of Education, and the Department of Social Welfare and Development, together with non-government, womens, peoples, and civil society organizations shall jointly promulgate, the rules and regulations for the effective implementation of this Act. At least 30% of the members of the drafting committee shall come from said organizations. Full dissemination of the Implementing Rules and Regulations to the public shall be ensured. SECTION 23. Separability Clause

If any provision or part hereof, is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting. SECTION 24. Repealing Clause Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or is inconsistent with the provision of this Act is hereby repealed, modified, or amended accordingly. SECTION 25. Effectivity Clause This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation. Approved, 15th Congress - Consolidated RH Bill SEC. 1. Title This Act shall be known as the "The Responsible Parenthood, Reproductive Health and Population and Development Act of 2011." SEC. 2. Declaration of Policy The State recognizes and guarantees the exercise of the universal basic human right to reproductive health by all persons, particularly of parents, couples and women, consistent with their religious convictions, cultural beliefs and the demands of responsible parenthood. Toward this end, there shall be no discrimination against any person on grounds such as sex, age, religion, sexual orientation, disabilities, political affiliation and ethnicity. Moreover, the State recognizes and guarantees the promotion of gender equality, equity and womens empowerment as a health and human rights concern. The advancement and protection of womens human rights shall be central to the efforts of the State to address reproductive health care. As a distinct but inseparable measure to the guarantee of womens human rights, the State recognizes and guarantees the promotion of the welfare and rights of children. The State likewise guarantees universal access to medically-safe, legal, affordable, effective and quality reproductive health care services, methods, devices, supplies and relevant information and education thereon even as it prioritizes the needs of women and children, among other underprivileged sectors. The State shall eradicate discriminatory practices, laws and policies that infringe on a persons exercise of reproductive health rights. SEC. 3. Guiding Principles This Act declares the following as guiding principles: a. Freedom of choice, which is central to the exercise of right must be fully guaranteed by the State; b. Respect for, protection and fulfillment of reproductive health and rights seek to promote the rights and welfare of couples, adult individuals, women and adolescents; c. Freedom of choice, which is central to the exercise of right must be fully guaranteed by the State; d. Since human resource is among the principal asset of the country, maternal health, birth of healthy children and their full human development and responsible parenting must be ensured through effective reproductive health care; e. The provision of medically safe, legal, accessible, affordable and effective reproductive health care services and supplies is essential in the promotion of peoples right to health, especially of the poor and marginalized; f. The State shall promote, without bias, all effective natural and modern methods of family planning that are medically safe and legal; g. The State shall promote programs that: (1) enable couples, individuals and women to have the number and spacing of children they desire with due consideration to the health of women and resources available to them; (2) achieve equitable allocation and utilization of resources; (3) ensure effective partnership among the national government, local government units and the private sector in the design, implementation, coordination, integration, monitoring and evaluation of people-centered programs to enhance quality of life and environmental protection; (4) conduct studies to analyze demographic trends towards sustainable human

development and (5) conduct scientific studies to determine safety and efficacy of alternative medicines and methods for reproductive health care development; h. The provision of reproductive health information, care and supplies shall be the joint responsibility of the National Government and Local Government Units; i. Active participation by non-government, womens, peoples, civil society organizations and communities is crucial to ensure that reproductive health and population and development policies, plans, and programs will address the priority needs of the poor, especially women; j. While this Act recognizes that abortion is illegal and punishable by law, the government shall ensure that all women needing care for post-abortion complications shall be treated and counseled in a humane, non-judgmental and compassionate manner; k. There shall be no demographic or population targets and the mitigation of the population growth rate is incidental to the promotion of reproductive health and sustainable human development; l. Gender equality and women empowerment are central elements of reproductive health and population and development; m. The limited resources of the country cannot be suffered to be spread so thinly to service a burgeoning multitude that makes the allocations grossly inadequate and effectively meaningless; n. Development is a multi-faceted process that calls for the coordination and integration of policies, plans, programs and projects that seek to uplift the quality of life of the people, more particularly the poor, the needy and the marginalized; and o. That a comprehensive reproductive health program addresses the needs of people throughout their life cycle. SEC. 4. Definition of Terms For the purposes of this Act, the following terms shall be defined as follows: (a) Adolescence refers to the period of physical and physiological development of an individual from the onset of puberty to complete growth and maturity which usually begins between 11 to 13 years and terminating at 18 to 20 years of age; (b) Adolescent Sexuality refers to, among others, the reproductive system, gender identity, values and beliefs, emotions, relationships and sexual behavior at adolescence; (c) AIDS (Acquired Immune Deficiency Syndrome) refers to a condition characterized by a combination of signs and symptoms, caused by Human Immunodeficiency Virus (HIV) which attacks and weakens the bodys immune system, making the afflicted individual susceptible to other life-threatening infections; (d) Anti-Retroviral Medicines (ARVs) referto medications for the treatment of infection by retroviruses, primarily HIV; (e) Basic Emergency Obstetric Care refers to lifesaving services for maternal complications being provided by a health facility or professional, which must include the following six signal functions: administration of parenteral antibiotics; administration of parenteral oxytocic drugs; administration of parenteral anticonvulsants for pre-eclampsia and eclampsia; manual removal of placenta; removal of retained products; and assisted vaginal delivery; (f) Comprehensive Emergency Obstetric Care refers to basic emergency obstetric care including performance of caesarian section and blood transfusion; (g) Employer refers to any natural or juridical person who hires the services of a worker.The term shall not include any labor organization or any of its officers or agents except when acting as an employer; (h) Family Planning refers to a program which enables couples, individuals and women to decide freely and responsibly the number and spacing of their children, acquire relevant information on reproductive health care, services and supplies and have access to a full range of safe, legal, affordable, effective and modern methods of limiting and spacing pregnancy; (i) Gender Equality refers to the absence of discrimination on the basis of a persons sex, sexual orientation and gender identity in opportunities, allocation of resources or benefits and access to services; (j) Gender Equity refers to fairness and justice in the distribution of benefits and responsibilities between women and men, and often requires women-specific projects and programs to end existing inequalities;

(k) Healthcare Service Provider refers to (1) 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) a health care professional, who is a doctor of medicine, nurse, or midwife; (3) public health worker engaged in the delivery of health care services; and (4) barangay health worker who has undergone training programs under any accredited government and non-government organization 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 guidelines promulgated by the Department of Health (DOH); (l) HIV (Human Immunodeficiency Virus) refers to the virus which causes AIDS; (m) Male Responsibility refers to the involvement, commitment, accountability, and responsibility of males in relation to women in all areas of sexual and reproductive health as well as the protection and promotion of reproductive health concerns specific to men; (n) 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; (o) Modern Methods of Family Planning refers to safe, effective and legal methods, whether the natural, or the artificial that are registered with the Food and Drug Administration (FDA) of the Department of Health (DOH); (p) People Living with HIV (PLWH) refers to individuals whose HIV tests indicate that they are infected with HIV; (q) Poor refers to members of households identified as poor through the National Household Targeting System for poverty reduction by the DSWD or any subsequent system used by the national government in identifying the poor. (r) Population and Development refers to a program that aims to: (1) help couples and parents achieve their desired family size; (2) improve reproductive health of individuals by addressing reproductive health problems; (3) contribute to decreased maternal and infant mortality rates and early child mortality; (4) reduce incidence of teenage pregnancy; and (5) recognize the linkage between population and sustainable human development; (s) Reproductive Health 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; (t) 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 preventing and solving 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: (1) family planning information and services; (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; (5) prevention and management of reproductive tract infections (RTIs), HIV and AIDS and other sexually transmittable infections (STIs); (6) elimination of violence against women; (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 participation in reproductive health; (10) prevention and treatment of infertility and sexual dysfunction; (11) reproductive health education for the adolescents; and (12) Mental health aspects of RH care; (u) Reproductive Health Care Program refers to the systematic and integrated provision of reproductive health care to all citizens especially the poor, marginalized and those in vulnerable and crisis situations;

(v) Reproductive Health Rights refer to the rights of couples, individuals and women to decide freely and responsibly whether or not to have children; to determine the number, spacing and timing of their children; to make decisions concerning reproduction free of discrimination, coercion and violence; to have relevant information; and to attain the highest condition of sexual and reproductive health; (w) Reproductive Health and Sexuality Education refers to a lifelong learning process of providing and acquiring complete, accurate and relevant information and education on reproductive health and sexuality through life skills education and other approaches; (x) Reproductive Tract Infection (RTI) refers to sexually transmitted infections, and other types of infections affecting the reproductive system; (y) Responsible Parenthood refers to the will, ability and commitment of parents to adequately respond to the needs and aspirations of the family and children by responsibly and freely exercising their reproductive health rights; (z) Sexually Transmitted Infections (STIs) refers to any infection that may be acquired or passed on through sexual contact; (aa) Skilled Attendant refers to an accredited health professional, such as midwife, doctor or nurse, who has been educated and trained in the skills needed to manage normal (uncomplicated) pregnancies, childbirth and the immediate postnatal period, and in the identification, management and referral of complications in women and newborns, to exclude traditional birth attendant or midwife (hilot), whether trained or not; (bb) Skilled Birth Attendance refers to childbirth managed by a skilled attendant including the enabling conditions of necessary equipment and support of a functioning health system, and the transport and referral facilities for emergency obstetric care; and (cc) 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, and done in a manner that promotes their rights and protects the life opportunities of future generations and the natural ecosystem on which all life depends. SEC. 5. Midwives for Skilled Attendance The Local Government Units (LGUs) with the assistance of the Department of Health (DOH), shall employ an adequate number of midwives to achieve a minimum ratio of one (1) fulltime skilled birth attendant for every one hundred fifty (150) deliveries per year, to be based on the annual number of actual deliveries or live births for the past two years; Provided, That people in geographically isolated and depressed areas shall be provided the same level of access SEC. 6. Emergency Obstetric Care Each province and city, with the assistance of the DOH, shall establish or upgrade hospitals with adequate and qualified personnel, equipment and supplies to be able to provide emergency obstetric care. For every 500,000 population, there shall be at least one (1) hospital with comprehensive emergency obstetric care and four (4) hospitals or other health facilities with basic emergency obstetric care; Provided, That people in geographically isolated and depressed areas shall be provided the same level of access. SEC. 7. Access to Family Planning All accredited health facilities shall provide a full range of modern family planning methods, except in specialty hospitals which may render such services on optional basis. For poor patients, such services shall be fully covered by PhilHealth Insurance and/or government financial assistance on a no balance billing. After the use of any PhilHealth benefit involving childbirth and all other pregnancy-related services, if the beneficiary wishes to space or prevent her next pregnancy, PhilHealth shall pay for the full cost of family planning. SEC. 8. Maternal and Newborn Health Care in Crisis Situations Local government units and the Department of Health shall ensure that a Minimum Initial Service Package (MISP) for reproductive health, including maternal and neonatal health care kits and services as defined by the DOH, will be given proper attention in crisis situations such as disasters and humanitarian crises. MISP shall become part of all responses by national agencies at the onset of crisis and emergencies.

Temporary facilities such as evacuation centers and refugee camps shall be equipped to respond to the special needs in the following situations: normal and complicated deliveries, pregnancy complications, miscarriage and post-abortion complications, spread of HIV/AIDS and STIs, and sexual and genderbased violence. SEC. 9. Maternal Death Review All Local Government Units (LGUs), national and local government hospitals, and other public health units shall conduct annual maternal death review in accordance with the guidelines set by the DOH. SEC. 10. Family Planning Supplies as Essential Medicines Products and supplies for modern family planning methods shall be part of the National Drug Formulary and the same shall be included in the regular purchase of essential medicines and supplies of all national and local hospitals and other government health units. SEC. 11. Procurement and Distribution of Family Planning Supplies The DOH shall spearhead the efficient procurement, distribution to Local Government Units (LGUs) and usage-monitoring of family planning supplies for the whole country. The DOH shall coordinate with all appropriate LGUs 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. SEC. 12. Integration of Family Planning and Responsible Parenthood Component in Anti-Poverty Programs A multi-dimensional approach shall be adopted in the implementation of policies and programs to fight poverty. Towards this end, the DOH shall endeavor to integrate a family planning and responsible parenthood component into all anti-poverty programs of government, with corresponding fund support. The DOH shall provide such programs technical support, including capacity-building and monitoring. SEC. 13. Roles of Local Government in Family Planning Programs The LGUs shall ensure that poor families receive preferential access to services, commodities and programs for family planning. The role of Population Officers at municipal, city and barangay levels in the family planning effort shall be strengthened. The Barangay Health Workers and Volunteers shall be capacitated to give priority to family planning work. SEC. 14. 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, obstetric complications, menopausal and post-menopausal related conditions shall be given the maximum benefits as provided by PhilHealth programs. SEC. 15. Mobile Health Care Service Each Congressional District shall be provided with at least one Mobile Health Care Service (MHCS) in the form of a van or other means of transportation appropriate to coastal or mountainous areas. The MHCS shall deliver health care goods and services to constituents, more particularly to the poor and needy, and shall be used to disseminate knowledge and information on reproductive health. The purchase of the MHCS shall be funded from the Priority Development Assistance Fund (PDAF) of each Congressional District. The operation and maintenance of the MHCS shall be subject to an agreement entered into between the district representative and the recipient focal municipality or city. The MHCS shall be operated by skilled health providers and adequately equipped with a wide range of reproductive health care materials and information dissemination devices and equipment, the latter including, but not limited to, a television set for audio-visual presentations. All MHCS shall be operated by a focal city or municipality within a congressional district. SEC. 16. Mandatory Age-Appropriate Reproductive Health and Sexuality Education Age-appropriate Reproductive Health and Sexuality Education shall be taught by adequately trained teachers in formal and non-formal educational system starting from Grade Five up to Fourth Year High School using life-skills and other approaches. Reproductive Health and Sexuality Education shall commence at the start of the school year immediately following one (1) year from the effectivity of this Act to allow the training of concerned teachers. The Department of Education (DepEd), the Commission on Higher Education (CHED), the Technical Education and Skills Development Authority (TESDA), the Department of Social Welfare and Development (DSWD), and the Department of Health (DOH) shall

formulate the Reproductive Health and Sexuality Education curriculum. Such curriculum shall be common to both public and private schools, out of school youth, and enrollees in the Alternative Learning System (ALS) based on, but not limited to, the following, the psycho-social and the physical wellbeing, the demography and reproductive health, and the legal aspects of reproductive health. Age-appropriate reproductive health and sexuality education shall be integrated in all relevant subjects and shall include, but not limited to, the following topics: (a) Values formation; (b) Knowledge and skills in self protection against discrimination, sexual violence and abuse, and teen pregnancy; (c) Physical, social and emotional changes in adolescents; (d) Childrens and womens rights; (e) Fertility awareness; (f) STI, HIV and AIDS; (g) Population and development; (h) Responsible relationship; (i) Family planning methods; (j) Proscription and hazards of abortion; (k) Gender and development; and (l) Responsible parenthood. The DepEd, CHED, DSWD, TESDA, and DOH shall provide concerned parents with adequate and relevant scientific materials on the age-appropriate topics and manner of teaching reproductive health education to their children. SEC. 17. Additional Duty of the Local Population Officer Each Local Population Officer of every city and municipality shall furnish free instructions and information on family planning, responsible parenthood, breastfeeding, infant nutrition and other relevant aspects of this Act to all applicants for marriage license. In the absence of a local Population Officer, a Family Planning Officer under the Local Health Office shall discharge the additional duty of the Population Officer. SEC. 18. Certificate of Compliance No marriage license shall be issued by the Local Civil Registrar unless the applicants present a Certificate of Compliance issued for free by the local Family Planning Office certifying that they had duly received adequate instructions and information on family planning, responsible parenthood, breastfeeding and infant nutrition. SEC. 19. Capability Building of Barangay Health Workers Barangay Health Workers and other community-based health workers shall undergo training on the promotion of reproductive health and shall receive at least 10% increase in honoraria, upon successful completion of training. The amount necessary for the increase in honoraria shall be charged against the Maintenance and Other Operating Expenses (MOOE) component of the Conditional Cash Transfer (CCT) program of the DSWD. In the event the CCT is phased out, the funding sources shall be charged against the Gender and Development (GAD) budget or the development fund component of the Internal Revenue Allotment (IRA). SEC. 20. Ideal Family Size The State shall assist couples, parents and individuals to achieve their desired family size within the context of responsible parenthood for sustainable development and encourage them to have two children as the ideal family size. Attaining the ideal family size is neither mandatory nor compulsory. No punitive action shall be imposed on parents having more than two children. SEC. 21. Employers Responsibilities The Department of Labor and Employment (DOLE) shall ensure that employers respect the reproductive rights of workers. Consistent with the intent of Article 134 of the Labor Code, employers with more than 200 employees shall provide reproductive health services to all employees in their own respective health facilities. Those with less than 200 workers shall enter into partnerships with hospitals, health facilities, and/or health professionals in their areas for the delivery of reproductive health services. Employers shall furnish in writing the following information to all employees and applicants:

(a) The medical and health benefits which workers are entitled to, including maternity and paternity leave benefits and the availability of family planning services; (b) The reproductive health hazards associated with work, including hazards that may affect their reproductive functions especially pregnant women; and (c) The availability of health facilities for workers. Employers are obliged to monitor pregnant working employees among their workforce and ensure that they are provided paid half-day prenatal medical leaves for each month of the pregnancy period that the pregnant employee is employed in their company or organization. These paid pre-natal medical leaves shall be reimbursable from the Social Security System (SSS) or the Government Service Insurance System (GSIS), as the case may be. SEC. 22. Pro Bono Services for Indigent Women Private and non-government reproductive health care service providers, including but not limited to gynecologists and obstetricians, are mandated to provide at least 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, especially to pregnant adolescents. These 48 hours annual pro bono services shall be included as prerequisite in the accreditation under the PhilHealth. SEC. 23. Sexual And Reproductive Health Programs For Persons With Disabilities (PWDs) The cities and municipalities must ensure that barriers to reproductive health services for persons with disabilities 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 persons with disabilities; (c) increasing access to information and communication materials on sexual and reproductive health in braille, large print, simple language, and pictures; (d) providing continuing education and inclusion rights of persons with disabilities 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 persons with disabilities. SEC. 24. Right to Reproductive Health Care Information The government shall guarantee the right of any person to provide or receive non-fraudulent information about the availability of reproductive health care services, including family planning, and prenatal care. The DOH and the Philippine Information Agency (PIA) shall initiate and sustain a heightened nationwide multi-media campaign to raise the level of public awareness of the protection and promotion of reproductive health and rights including family planning and population and development. SEC. 25. Implementing Mechanisms Pursuant to the herein declared policy, the DOH and the Local Health Units in cities and municipalities shall serve as the lead agencies for the implementation of this Act and shall integrate in their regular operations the following functions: (a) Ensure full and efficient implementation of the Reproductive Health Care Program; (b) Ensure peoples access to medically safe, legal, effective, quality and affordable reproductive health supplies and services; (c) Ensure that reproductive health services are delivered with a full range of supplies, facilities and equipment and that service providers are adequately trained for such reproductive health care delivery; (d) Take active steps to expand the coverage of the National Health Insurance Program (NHIP), especially among poor and marginalized women, to include the full range of reproductive health services and supplies as health insurance benefits; (e) Strengthen the capacities of health regulatory agencies to ensure safe, legal, effective, quality, accessible and affordable reproductive health services and commodities with the concurrent strengthening and enforcement of regulatory mandates and mechanisms; (f) Promulgate a set of minimum reproductive health standards for public health facilities, which shall be included in the criteria for accreditation. These minimum reproductive health standards shall provide

for the monitoring of pregnant mothers, and a minimum package of reproductive health programs that shall be available and affordable at all levels of the public health system except in specialty hospitals where such services are provided on optional basis; (g) Facilitate the involvement and participation of non-government organizations and the private sector in reproductive health care service delivery and in the production, distribution and delivery of quality reproductive health and family planning supplies and commodities to make them accessible and affordable to ordinary citizens; (h) Furnish local government units with appropriate information and resources to keep them updated on current studies and researches relating to family planning, responsible parenthood, breastfeeding and infant nutrition; and (i) Perform such other functions necessary to attain the purposes of this Act. The Population Commission, (POPCOM) as an attached agency of DOH, shall serve as the coordinating body in the implementation of this Act and shall have the following functions: (a) Integrate on a continuing basis the interrelated reproductive health and population development agenda consistent with the herein declared national policy, taking into account regional and local concerns; (b) Provide the mechanism to ensure active and full participation of the private sector and the citizenry through their organizations in the planning and implementation of reproductive health care and population and development programs and projects; and (c) Conduct sustained and effective information drives on sustainable human development and on all methods of family planning to prevent unintended, unplanned and mistimed pregnancies. SEC. 26. Reporting Requirements Before the end of April of each year, the DOH shall submit an annual report to the President of the Philippines, the President of the Senate and the Speaker of the House of Representatives. The report shall provide a definitive and comprehensive assessment of the implementation of its programs and those of other Government agencies and instrumentalities, civil society and the private sector and recommend appropriate priorities for executive and legislative actions. The report shall be printed and distributed to all national agencies, the LGUs, civil society and the 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 reproductive health and rights, particularly of parents, couples and women. SEC. 27. Congressional Oversight Committee There is hereby created a Congressional Oversight Committee composed of five (5) members from the Senate and five (5) members from the House of Representatives. The members from the Senate shall be appointed by the Senate President based on proportional representation of the parties or coalition therein with at least one (1) member representing the Minority. The members from the House of Representatives shall be appointed by the Speaker, also based on proportional representation of the parties or coalitions therein with at least one (1) member representing the Minority. The Committee shall be headed by the respective Chairs of the Senate Committee on Youth, Women and Family Relations and the House of Representatives Committee on Population and Family Relations. The Secretariat of the Congressional Oversight Committee shall come from the existing Secretariat personnel of the Senate and the House of Representatives committees concerned The Committee shall monitor and ensure the effective implementation of this Act, determine the inherent weakness and loopholes in the law, recommend the necessary remedial legislator or administrative measures and perform such other duties and functions as may be necessary to attain the objectives of this Act. SEC. 28. Prohibited Acts The following acts are prohibited: (a) Any healthcare 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 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 third party consent or authorization. In case of married persons, the mutual

consent of the spouses shall be preferred. However in case of disagreement, the decision of the one undergoing the procedure shall prevail. In the case of abused minors where parents and/or other family members are the respondent, accused or convicted perpetrators as certified by the proper prosecutorial office or court, no prior parental consent shall be necessary; and (3) Refuse to extend health care services and information on account of the persons marital status, gender, sexual orientation, age, religion, personal circumstances, or nature of work; Provided, That, the conscientious objection of a healthcare 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 healthcare service provider within the same facility or one which is conveniently accessible who is willing to provide the requisite information and services; Provided, further, That the person is not in an emergency condition or serious case as defined in RA 8344 penalizing the refusal of hospitals and medical clinics to administer appropriate initial medical treatment and support in emergency and serious cases. (b) Any public official who, 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. (c) Any employer or his representative who shall require an employee or applicant, as a condition for employment or continued employment, to undergo sterilization or use or not use any family planning method; neither shall pregnancy be a ground for non-hiring or termination of employment. (d) Any person who shall falsify a certificate of compliance as required in Section 15 of this Act; and (e) Any person who maliciously engages in disinformation about the intent or provisions of this Act. SEC. 29. 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 (P 10,000.00) to Fifty Thousand Pesos (P 50,000.00) or both such fine and imprisonment at the discretion of the competent court; ProvidedThat, if the offender is a public official or employee, he or she shall suffer the accessory penalty of dismissal from the government service and forfeiture of retirement benefits. 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. SEC. 30. Appropriations The amounts appropriated in the current annual General Appropriations Act (GAA) for Family Health and Responsible Parenting under the DOH and POPCOM and other concerned agencies shall be allocated and utilized for the initial implementation of this Act. Such additional sums necessary to implement this Act; provide for the upgrading of facilities necessary to meet Basic Emergency Obstetric Careand Comprehensive Emergency Obstetric Carestandards; train and deploy skilled health providers; procure family planning supplies and commodities as provided in Sec. 10; and implement other reproductive health services, shall be included in the subsequent GAA. SEC. 31. Implementing Rules and Regulations Within sixty (60) days from the effectivity of this Act, the Secretary of the DOH shall formulate and adopt amendments to the existing rules and regulations to carry out the objectives of this Act, in consultation with the Secretaries of the DepED, the Department of Interior and Local Government (DILG), the Department of Labor and Employment (DOLE), the DSWD, the Director General of the National Economic and Development Authority (NEDA), and the Commissioner of the CHED, the Philippine Commission on Women (PCW), and two Non-Governmental Organizations (NGOs) or Peoples Organizations (POs) for women. Full dissemination of the Implementing Rules and Regulations to the public shall be ensured. SEC. 32-34. Separability Clause, Repealing Clause, Effectivity SEC. 32. Separability Clause. - If any part or provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall remain in force and effect. SEC. 33. Repealing Clause. All other laws, decrees, orders, issuances, rules and regulations which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. SEC. 34. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

Approved, 15th Congress - House Bill 3357 (Hons. L.C. Ilagan, E.A. De Jesus, Gabriela Women's Party) Download the pdf (1.9 MB) 15th Congress - House Bill 1160 (Hon. Rodolfo G. Biazon) Download the pdf file (1.9 MB), the source of the html version published below. Any discrepancy is due to unintentional error(s) in encoding the pdf file to plain text. Sec. 1. Title Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon City FIFTEENTH CONGRESS First Regular Session House Bill No. 1160 Introduced by Hon. Rodolfo G. Biazon AN ACT PROVIDING FOR A NATIONAL POLICY ON REPRODUCTIVE HEALTH AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION ONE. Title. This Act shall be known as the "The Reproductive Health and PopuIation and Development Act of 2010." Sec. 2. Declaration of Policy It is hereby declared the policy of the State to recognize and guarantee: (a) the human rights of all persons including the right to equality and equity, the right to sustainable human development, the right to health which includes reproductive health, the right to education and the right to choose and make decisions for themselves in accordance with their religious convictions, cultural beliefs, and the demands of responsible parenthood; and (b) the promotion of gender equality, equity and women's empowerment as a health and human rights concern. The advancement and protection of women's human rights shall be central to the efforts of the State to address reproductive health care. As a distinct but inseparable measure to the guarantee of womens human rights, the State recognizes and guarantees the promotion of the welfare and rights of children. Toward these ends, the State shall guarantee universal access to information and education, and safe, affordable, quality and non-hazardous reproductive health care services. The State shall address and seek to eradicate discriminatory practices, laws and policies that infringe on a persons exercise of sexual and reproductive health and rights. Sec. 3. Guiding Principles This Act declares the following as guiding principles: a. Freedom of choice, which is central to the exercise of any right, must be fully guaranteed by the State like the right itself. b. The state shall guarantee the free exercise of religious belief in the enforcement of this Act. c. Since human resource is the principal asset of the country, effective reproductive health care services must be given primacy to ensure maternal health, birth of healthy children, their full human development, and the promotion of responsible parenting. d. The provision of medically-safe, accessible, affordable and quality reproductive health care services is essential in the promotion of peoples right to health. e. The state will promote, without bias, all modern methods of family planning. f. The State shall endeavor to promote a program that aims to: (1) enable couples to have the number of children they desire with due consideration to the health, particularly of women, and resources available to the family; (2) encourage equitable allocation and utilization of resources; (3) promote effective partnership among the national government, local government units and the private sector in the design,

implementation, coordination, integration, monitoring and evaluation of people-centered programs towards quality of life and environmental; and (4) conduct studies to analyze demographic trends towards sustainable human development. g. Reproductive health must be the joint responsibility of the National Government and Local Government Units. h. Active participation by and thorough consultation with non-government organizations, communities and peoples organizations is crucial to ensure that reproductive health and population and development policies, plans, and programs will address the priority needs of the poor, especially women. i. While nothing in this Act changes the law on abortion, as abortion remains a crime and is punishable, the government shall ensure that all women needing care for post-abortion complications shall be treated and counseled in a humane, non-judgmental and compassionate manner. Sec. 4. Definition of Terms For the purpose of this Act, the following terms shall be defined as follows: 1. Adolescence refers to a life stage of people with age from 10 up to 19. 2. Adolescent Sexuality refers to, among others, the reproductive system, gender identity, values or beliefs, emotions, relationships and sexual behavior of young people as social beings. 3. Basic Emergency Obstetric Care refers to life-saving services for maternal complications being provided by a health facility or professional, which must include the following six signal functions: administration of parenteral antibiotics; administration of parenteral oxytocic drugs; administration of parenteral anticonvulsants for pre-eclampsia and eclampsia; manual removal of placenta; removal of retained products; and assisted vaginal delivery. 4. Comprehensive Emergency Obstetric Care refers to basic emergency obstetric care plus two other signal functions: performance of caesarian section and blood transfusion. 5. Employer includes any person acting in the interest of an employer, directly or indirectly. The term shall not include any labor organization or any of its officers or agents except when acting as an employer. 6. 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 informed choice and access to a full range of safe and effective modern methods of preventing pregnancy. 7. Gender Equality refers to the absence of discrimination on the basis of a persons sex in opportunities, in the allocation of resources or benefits, or in access to services. 8. Gender Equity refers to fairness and justice in the distribution of benefits and responsibilities between women and men, and often requires women-specific projects and programs to end existing inequalities. 9. Healthcare Service Providers refers to (a) a health care institution, which is duly licensed and accredited and devoted primarily to the maintenance and operation of facilities for health promotion, 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; (b) a health care professional, who is any doctor of medicine, nurse, or midwife; (c) public health workers engaged in the delivery of health care services; and (d) barangay health workers who has undergone training programs under any accredited government and non-government organization 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 guidelines promulgated by the Department of Health (DOH) 10. Male involvement and participation refers to the effort, commitment and joint responsibility of men with women in all areas of sexual and reproductive health, as well as the care of reproductive health concerns specific to men. 11. 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. 12. Modern Methods of Family Planning refers to safe, effective and legal methods to prevent pregnancy such as the pill, intra-uterine device (IUD), injectables, condom, ligation, vasectomy, and modern natural family planning methods include mucus/billing/ovulation, lactational amenorrhea, basal body temperature and standard days method.

13. Reproductive health refers to the state of complete physical, mental and social wellbeing 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 safe sex life, that they have the capability to reproduce and the freedom to decide if, when and how often to do so, provided that these are not against the law. This further implies that women and men attain equal relationships in matters related to sexual relations and reproduction. 14. Reproductive Health Care refers to the access to a full range of methods, techniques, facilities and services that contribute to reproductive health and well being by preventing and solving 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: a. maternal, infant and child health and nutrition including breastfeeding; b. family planning information and services; c. prevention and management of post-abortion complications; d. adolescent and youth reproductive health; e. prevention and management of reproductive tract infections (RTIs), HIV/AIDS and other sexually transmittable infections (STIs); f. elimination of violence against women; g. education and counseling on sexuality and sexual health; h. treatment of breast and reproductive tract cancers and other gynecological conditions and disorders; i. male involvement and participation in reproductive health; and j. prevention and treatment of infertility and sexual dysfunction. 15. Reproductive Health Care Program refers to the systematic, integrated provision of reproductive health care services to all citizens especially the poor, marginalized and those in vulnerable situations. 16. Reproductive tract infection (RTl) includes sexually transmitted infections, and other types of infections affecting the reproductive system. 17. Reproductive Health and Sexuality Education refers to the process of providing complete, accurate and relevant information on all matters relating to reproductive health. 18. Reproductive rights refers to the rights of individuals and couples, subject to applicable laws, to: (a) decide freely and responsibly the number, spacing and timing of their children; (b) make other decisions concerning reproduction free of discrimination, coercion and violence; (c) have the information and means to do so; and (d) attain the highest standard of sexual and reproductive health. 19. Skilled Attendant refers to an accredited health professional such as a midwife, doctor or nurse who has been educated and trained to proficiency in the skills needed to manage normal or uncomplicated pregnancies, childbirth and the immediate post-natal period, and in the identification, management and referral of complications in women and newborns. Traditional Birth Attendants or traditional midwives-trained or not-are excluded from this category. 20. Skilled Birth Attendance refers to childbirth managed by a skilled attendant plus the enabling conditions of necessary equipment and support of a functioning health system, including transport and referral facilities for emergency obstetric care. 21. Sustainable Human Development refers to bringing people particularly the poor and vulnerable, at 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 creative lives, and done in a manner that protects the life opportunities of future generations and the natural ecosystem on which all life depends. Sec. 5. Midwives for Skilled Birth Attendance The Local Government Units (LGUs) with assistance of the Department of Health (DOH), shall deploy an adequate number of midwives to achieve a minimum ratio of one (1) fulltime skilled birth attendant for every one hundred fifty (150) deliveries per year, to be based on the annual number of actual deliveries or live births for the past two years. Sec. 6. Emergency Obstetric Care Each province and city shall ensure the establishment or upgrading of hospitals with adequate and qualified personnel, equipment and supplies to be able to provide emergency obstetric care. At the very least, for every 500,000 population, there shall be at least one (1) hospital for comprehensive emergency obstetric care and four (4) hospitals for basic emergency obstetric care.

Sec. 7. Surgical Family Planning Modern family planning methods requiring hospital services shall be available in all national and local government hospitals, except in specialty hospitals which may render such services on optional basis. For poor patients, such services shall be fully covered by PhilHealth Insurance and/or government financial assistance. After the use of any PhilHealth benefit involving childbirth and all other pregnancyrelated service wherein the beneficiary wishes to space or prevent her next pregnancy, PhilHealth shall pay for the full cost of family planning for the next three (3) years. Provided, that the beneficiary retains her membership with PhilHealth. The benefit payments shall be channeled to appropriate local or national government health facilities. Sec. 8. Maternal Death Review All Local Government Units (LGUs), national and local government hospitals, and other public health units shall conduct annual maternal death review in accordance with the guidelines to be issued by the DOH. Sec. 9. Family Planning Supplies as Essential Medicines Hormonal contraceptives, intrauterine devices, injectables and other safe, effective and legal family planning products and supplies shall be included under the category of essential medicines and supplies which shall form part of the National Drug Formulary and the same shall be included in the regular purchase of essential medicines and supplies of all national and local hospitals and other government health units. Sec. 10. Procurement and Distribution of Family Planning Supplies The DOH shall spearhead the efficient procurement, distribution to LGUs and usage-monitoring of family planning supplies for the whole country. The DOH shall coordinate with all appropriate LGU 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; Sec. 11. Mobile Health Care Service Each Congressional District shall be provided with a van to be known as the Mobile Health Care Service (MHCS) to deliver health care goods and services to its constituents, more particularly to the poor and needy, as well as disseminate knowledge and information on reproductive health. The purchase of such vans shall be funded from the Priority Development Assistance Fund (PDAF) of each Congressional District. The subsequent operation and maintenance of the MHCS shall be subject to an agreement entered into between the district representative and the recipient province. The MHCS shall be adequately equipped with a wide range of reproductive health care materials and information dissemination devices and equipment, the latter including but not limited to a television set for audiovisual presentations. All MHCS shall be operated by LGUs of provinces and highly urbanized cities. Sec. 12. Mandatory Age-Appropriate Reproductive Health and Sexuality Education Reproductive Health and Sexuality Education in an age-appropriate manner shall be taught by adequately trained teachers starting from Grade 5 up to Fourth Year High School. Reproductive Health and Sexuality Education shall commence at the start of the school year immediately following one year .from the effectivity of this Act. The Department of Education (DEPED) shall formulate the Sexuality Education curriculum, which shall be common to both public and private schools, based on but not limited to the following subjects: a. Knowledge and skills in self-protection against discrimination, sexual violence, sexual abuse, STIs, HIV and AIDS and teen pregnancy b. Values formation c. Physical, Social and Emotional Changes in Adolescents d. Children and womens rights e. Fertility awareness f. Population and development education g. Responsible relationship h. Family planning methods i. Proscription and hazards of abortion

j. Gender and development k. Responsible parenthood The DepEd shall provide concerned parents with adequate and relevant scientific materials on the ageappropriate topics and manner of teaching reproductive health education to their children. This shall be complementary lo the parents role in rearing their children. Non-formal education programs shall likewise include the above-mentioned Reproductive Health Education. Sec. 13. Capability Building of Barangay Health Workers Barangay Health Workers shall undergo training on the promotion of reproductive health and shall receive at least 10% increase in honoraria upon successful completion of training. The increase in honoraria shall be funded from the Gender and Development (GAD) budget of the Local Government Units. Sec. 14. Employers' Responsibilities The Department of Labor and Employment (DOLE) shall ensure that employers respect the reproductive rights of their workers. Employers with less than 200 workers shall enter into partnership with hospitals, health facilities, and or health professionals in their areas for the delivery of reproductive health services. All Collective Bargaining Agreements (CBAs) shall provide for the free delivery of reasonable reproductive health care services and devices to workers, more particularly the women. Employers shall also uphold the right of women to know work conditions which affect their health, particularly those related with their reproductive health. Employers shall furnish in writing the following information to women employees and applicants: a. The medical and health benefits which workers are entitled to, including maternity leave benefits and the availability of family planning services; b. The reproductive health hazards associated with work, including hazards that may affect their maternal functions; and c. The availability of facilities for women which are required under Presidential Decree No. 442, as amended, also known as the Labor Code, Article 132. Sec. 15. Multi-Media Campaign The DOH shall initiate and sustain a heightened nationwide multi-media campaign to raise the level of public awareness on the protection and promotion of reproductive health and rights including family planning and population and development. Sec. 16. Implementing Mechanisms a. Pursuant to the herein declared policy, the DOH and the Local Health Units 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 peoples access to medically safe, legal, quality and affordable reproductive health goods and services; 3. Ensure that reproductive health services are delivered with a full range of supplies, facilities and equipment and that service providers are adequately trained for such reproductive health care delivery; 4. Expand the coverage of the Philippine Health Insurance Corporation (PhilHealth), especially among poor and marginalized women, to include the full range of reproductive health services and supplies as health insurance benefits; 5. 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; 6. Facilitate the involvement and participation of non-government organizations and the private sector in reproductive health care service delivery and in the production, distribution and delivery of quality reproductive health and family planning supplies and commodities to make them accessible and affordable to ordinary citizens; 7. Furnish local government units with appropriate information and resources to keep the latter updated on current studies and researches relating to family planning, responsible parenthood, breastfeeding and infant nutrition; and 8. Perform such other functions necessary to attain the purposes of this Act. b. The POPCOM, as an attached agency of DOH, shall serve as the coordinating body in the implementation of this Act and shall have the following functions:

1. Integrate on a continuing basis the interrelated reproductive health and population development agenda into a national policy, taking into account regional and local concerns; 2. Provide the mechanism to ensure active and full participation of the private sector and the citizenry through their organizations in the planning and implementation of reproductive health care and population development programs and projects; and 3. Conduct sustained and effective information drives on sustainable human development and on all methods of family planning to prevent unintended, unplanned and untimed pregnancies. Sec. 17. Prohibited Acts The following acts are prohibited: a) Any healthcare 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 and effective family planning methods, as well as thc information required under Section 14 of this Act; 2. Refuse to perform legal and medically-safe reproductive healthcare and services on any person of legal age on the ground of lack of third party consent or authorization. In case of married persons the mutual consent of the spouses shall be required. However in case of disagreement, the decision of the one undergoing the procedure shall prevail. In the case of abused minors with parents and/or other family members as perpetrators as certified to by the Department of Social Welfare (DSWD) and Development and/or local social welfare offices, no prior parental consent shall be necessary; and 3. Refuse to extend quality health care services and information on account of the persons marital status, gender, sexual orientation, age, religion, personal circumstances, or nature of work, provided that, the conscientious objection of a healthcare service provider based on hidher ethical or religious beliefs shall be respected; however, the conscientious objector shall immediately refer the person seeking such care and services to another healthcare 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 RA 8344 penalizing the refusal of hospitals and medical clinics to administer appropriate initial medical treatment and support in emergency and serious cases. b) Any public official with power and authority over any subordinate who shall prohibit or intentionally restrict provision of legal and medically-safe reproductive healthcare services, including family planning to such subordinate. c) Any employer who shall require or cause a female applicant for employment or an employee to submit herself to sterilization or any contraceptive method, as a condition for employment or continued employment. Sec. 18. Penalties Any violation of this act shall be penalized by imprisonment ranging from one (1) month to six (6) months or imposed a fine of Twenty Thousand Pesos (P20,OOO.OO) or both such fine and imprisonment at the discretion of the court, provided that if the offender is a public official, s/he shall also he administratively liable. Sec. 19. Reporting Requirements Before the end of April each year, the DOH shall submit an annual report to the President and to the Congress of the Philippines. The report shall provide the Reproductive Health Program, a definitive and comprehensive assessment of the implementation of its programs and those of other Government agencies and instrumentalities, civil society and the private sector and recommend appropriate priorities for executive and legislative actions. The report shall be printed and distributed to all national agencies, the LGUs, civil society and the 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. Sec. 20. Appropriations The amounts appropriated in the current annual General Appropriations Act for reproductive health and family planning under the DOH and POPCOM shall be allocated and utilized for the implementation of this Act. Such additional sums necessary to provide for family planning commodity requirements as

outlined in Sec. 9, and for other reproductive health services, shall he included in the subsequent years' General Appropriations Act. Sec. 21. Implementing Rules and Regulations Within thirty (30) days from the effectivity of this Act, the Department of Health, National Economic and Development Authority and Commission on Population shall jointly promulgate, after thorough consultation with health and national multi-sectoral non-government organizations, the rules and regulations for the effective implementation of this Act and shall ensure the full dissemination of the same to the public. Sec. 22. Separability Clause - Sec. 24. Effectivity Sec. 22. Separability Clause If any part, SEC. or provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall remain in force and effect. Sec. 23. Repealing Clause All other laws, decrees, orders, issuances, rules and regulations which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. Sec. 24. 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. Approved, 15th Congress - House Bill 513 (Hons. Kaka Bag-ao and Walden Bello, Akbayan) Download the pdf file (1.2 MB), the source of the html version published below. Any discrepancy is due to unintentional error(s) in encoding the pdf file to plain text. SEC. 1. Title Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon City, Metro Manila FIFTEENTH CONGRESS FIRST REGULAR SESSION HOUSE BILL NO. 513 Introduced by Honorables Kaka Bag-ao and Walden Bello AN ACT PROVIDING FOR A NATIONAL POLICY ON REPRODUCTIVE HEALTH AND POPULATION AND DEVELOPMENT, AND FOR OTHER PURPOSES SECTION 1. Title. - This Act shall be known as the "The Reproductive Health and Population and Development Act of 2010." SEC. 2. Declaration of Principles The State recognizes and guarantees the human rights of all persons including the right to equality and equity, 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, cultural beliefs, and the demands of responsible parenthood. Moreover, the State recognizes and guarantees the promotion of gender equality, equity and womens empowerment as a health and human rights concern. The advancement and protection of womens human rights shall be central to the efforts of the State to address reproductive health care. As a distinct but inseparable measure to the guarantee of womens human rights, the State recognizes and guarantees the promotion of the welfare and rights of children. In furtherance of these principles, the State shall guarantee universal access to information and education, and safe, affordable, and quality reproductive health care services. The State likewise guarantees universal access to medically- safe, legal, affordable and quality reproductive health care services, methods, devices, supplies and relevant information thereon even as it prioritizes the needs of women and children, among other underprivileged sectors.

The State shall address and seek to eradicate discriminatory practices, laws and policies that infringe on a persons exercise of sexual and reproductive health and rights. SEC. 3. Guiding Principles This Act declares the following as guiding principles: a. The right to make free and informed decision, 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 seek to promote not only the rights and welfare of adult individuals and couples but those of adolescents and children as well. c. Since human resource is the principal asset of the country, effective reproductive health care services must be given primacy to ensure maternal health, birth of healthy children, their full human development, and the promotion of responsible parenting. d. The provision of accessible and affordable reproductive health care services is essential in the promotion of peoples right to health. e. The State will promote, without bias, all modern methods of family planning. f. The State shall promote a program that: (1) enables individuals and couples to have the number of children they desire with due consideration to the health, particularly of women, and resources available to them. (2) achieves equitable allocation and utilization of resources; (3) ensures effective partnership among the national government, local government units and the private sector in the design, implementation, coordination, integration, monitoring and evaluation of people-centered programs towards quality of life and environmental protection; and (4) conducts studies to analyze demographic trends towards sustainable human development. g. The provision of reproductive health care and information must be the joint responsibility of the National Government and Local Government Units. h. Active participation by non- government, womens, peoples, civil society organizations; and communities is crucial to ensure that reproductive health and population and development policies, plans, and programs will address the priority needs of the poor, especially women. i. While nothing in this Act changes the law on abortion, the government shall ensure that all women needing care for post-abortion complications shall be treated and counseled in a humane, non-judgmental and compassionate manner. SEC. 4. Definition of Terms For the purpose of this Act, the following terms shall be defined as follows: 1. Adolescence - refers to a life stage of persons aged 10 to 19. 2. Adolescent Sexuality - refers to, among others, the reproductive system, gender identity, values or beliefs, emotions, relationships and sexual behavior of young people as social beings. 3. AIDS (Acquired Immune Deficiency Syndrome) - refers to a condition characterized by a combination of signs and symptoms, caused by HIV which attacks and weakens the bodys immune system, making the afflicted individual susceptible to other life-threatening infections. 4. Anti-Retroviral Medicines (ARVs) - Antiretroviral drugs are medications for the treatment of infection by retroviruses, primarily HIV. 5. Basic Emergency Obstetric Care - refers to lifesaving services for maternal complications being provided by a health facility or professional, which must include the following six signal functions: administration of parenteral antibiotics; administration of parenteral oxytocic drugs; administration of parenteral anticonvulsants for pre-eclampsia and eclampsia; manual removal of placenta; removal of retained products; and assisted vaginal delivery. 6. Comprehensive Emergency Obstetric Care - refers to basic emergency obstetric care plus two other signal functions: performance of caesarian section and blood transfusion. 7. Employer - includes any person acting in the interest of an employer, directly or indirectly. The term shall not include any labor organization or any of its officers or agents except when acting as an employer. 8. 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

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means to do so, and to have access to a full range of safe, effective and modern methods of preventing pregnancy. Gender Equality refers to the absence of discrimination on the basis of a persons sex, sexual orientation and gender identity in opportunities, allocation of resources or benefits and access to services. Gender Equity - 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. Healthcare Service Providers - refers to (a) health care institution, which is duly licensed and accredited and devoted primarily to the maintenance and operation of facilities for health promotion, 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; (b) a health care professional, who is any doctor of medicine, nurse, or midwife; (c) public health worker engaged in the delivery of health care services; and (d) barangay health worker who has undergone training programs under any accredited government and non-government organization 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 guidelines promulgated by the Department of Health (DOH). HIV (Human Immunodeficiency Virus) - refers to the virus which causes AIDS. Male Responsibility - refers to the involvement, commitment, accountability, and responsibility of males with women in all areas of sexual and reproductive health as well as the care of reproductive health concerns specific to men. 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. Modern Methods of Family Planning - refers to safe, effective and legal methods to prevent pregnancy such as the pill, intra-uterine device (IUD), injectables, condom, ligation, vasectomy, and modern natural family planning methods which include mucus, Billings, ovulation, lactational amenorrhea, basal body temperature, and Standard Days methods. People Living with HIV (PLWH) - refers to individuals whose HIV tests indicate that they are infected with HIV. Reproductive health - refers to the state of complete physical, mental and social well-being and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and to its functions and processes. This implies that people are able to have a satisfying and safe sex life, that they have the capability to reproduce and the freedom to decide if, when and how often to do so, provided that these are not against the law. This further implies that women and men attain equal relationships in matters related to sexual relations and reproduction. Reproductive Health Care - the access to a full range of methods, techniques, facilities and services that contribute to reproductive health and well-being by preventing and solving 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: a. maternal, infant and child health and nutrition, including breastfeeding; b. family planning information and services; c. prevention of abortion and management of abortion complications; d. adolescent and youth reproductive health;e. prevention and management of reproductive tract infections (RTIs), HIV and AIDS and other sexually transmittable infections (STIs); f. elimination of violence against women; g. education and counseling on sexuality and sexual health; h. treatment of breast and reproductive tract cancers and other gynecological conditions and disorders; i. male responsibility and participation in reproductive health; and j. prevention and treatment of infertility and sexual dysfunction;

19. Reproductive Health Care program - refers to the systematic and integrated provision of reproductive health care to all citizens especially the poor, marginalized and those in vulnerable situations. 20. Reproductive rights - the rights of individuals and couples, to decide freely and responsibly whether or not to have children; the number, spacing and timing of their children; to make other decisions concerning reproduction free of discrimination, coercion and violence; to have the information and means to do so; and to attain the highest standard of sexual and reproductive health 21. Reproductive Health and Sexuality Education - refers to lifelong learning process of providing and acquiring complete, accurate and relevant information and education on reproductive health and sexuality through life skills education and other approaches 22. Reproductive tract infection (RTI) - refers to sexually transmitted infections, and other types of infections affecting the reproductive system 23. Sexually Transmitted Infections (STIs) -refers to any infection that may be acquired or passed on through sexual contact. 24. Skilled Attendant - an accredited health professional - such as a midwife, doctor or nurse who has been educated and trained to develop proficiency in the skills needed to manage normal (uncomplicated) pregnancies, childbirth and the immediate postnatal period, and in the identification, management and referral of complications in women and newborns; traditional birth attendants or traditional midwives - trained or not - are excluded from this category. 25. Skilled Birth Attendance childbirth managed by a skilled attendant plus the enabling conditions of necessary equipment and support of a functioning health system, including transport and referral facilities for emergency obstetric care. 26. Sustainable Human Development - refers to bringing people - particularly the poor and vulnerable - at 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 creative lives, and done in a manner that promotes their rights and protects the life opportunities of future generations and the natural ecosystem on which all life depends. SEC. 5. Midwives for Skilled Attendance The Local Government Units (LGUs) with assistance of the Department of Health (DOH), shall employ an adequate number of midwives to achieve a minimum ratio of one (1) fulltime skilled birth attendant for every one hundred fifty (150) deliveries per year, to be based on the annual number of actual deliveries or live births for the past two years. Provided, that people in geographically isolated and depressed areas shall have the same level of access. SEC. 6. Emergency Obstetric Care Each province and city shall ensure the establishment or upgrading of hospitals with adequate and qualified personnel, equipment and supplies to be able to provide emergency obstetric care. For every 500,000 population, there shall be at least one (1) hospital for comprehensive emergency obstetric care and four (4) hospitals for basic emergency obstetric care, provided, that people in geographically isolated and depressed areas shall have the same level of access. SEC. 7. Access to Family Planning All accredited health facilities shall provide full range of modern family planning methods, except in specialty hospitals which may render such services on optional basis. For poor patients, such services shall be fully covered by PhilHealth Insurance and/or government financial assistance. After the use of any PhilHealth benefit involving childbirth and all other pregnancy-related service wherein the beneficiary wishes to space or prevent her next pregnancy, PhilHealth shall pay for the full cost of family planning for the next three (3) years. The benefit payments shall be channeled to appropriate local or national government health facilities. SEC. 8. Maternal Death Review All Local Government Units (LGUs), national and local government hospitals, and other public health units shall conduct annual maternal death review in accordance with the guidelines set by the DOH. SEC. 9. Family Planning Supplies as Essential Medicines Hormonal contraceptives, intrauterine devices, injectables and other safe and effective family planning products and supplies shall be part of the National Drug Formulary and the same shall be included in the

regular purchase of essential medicines and supplies of all national and local hospitals and other government health units SEC. 10. Procurement and Distribution of Family Planning Supplies The DOH shall spearhead the efficient procurement, distribution of to LGUs and usage-monitoring of family planning supplies for the whole country. The DOH shall coordinate with all appropriate LGU 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. SEC. 11. 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 shall be given the maximum benefits as provided by PhilHealth programs. SEC. 12. Mobile Health Care Service Each Congressional District shall be provided with the Mobile Health Care Service (MHCS) in the form of a van or other means of transportation appropriate to coastal and mountainous areas. 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 purchase of such shall be funded from the Priority Development Assistance Fund (PDAF) of each Congressional District. The subsequent operation and maintenance of the MHCS shall be subject to an agreement entered into between the district representative and the recipient province or cities. The MHCS shall be operated by skilled health providers and adequately equipped with a wide range of reproductive health care materials and information dissemination devices and equipment, the latter including but not limited to a television set for audio-visual presentations. All MHCS shall be operated by LGUs of provinces and highly urbanized cities. SEC. 13. Mandatory Age-Appropriate Reproductive Health and Sexuality Education Age-appropriate Reproductive Health and Sexuality Education shall be taught by adequately trained teachers in formal and non-formal educational system starting from Grade 5 using life-skills and other approaches. Reproductive Health and Sexuality Education shall commence at the start of the school year immediately following one year from the effectivity of this Act. The Department of Education (DEPED), Commission on Higher Education (CHED), TESDA, and Department of Social Welfare and Development (DSWD), and the Department of Health (DOH) shall formulate the RH and Sexuality Education curriculum. Such curriculum shall be common to both public and private schools, out of school children, youth and adults in the Alternative Learning System (ALS) based on but not limited to the following contents: PsychoSocial Wellbeing, Legal and Ethical aspects of RH, Demography and RH and Physical Wellbeing. Age-appropriate reproductive health and sexuality education shall be integrated in all relevant subjects and shall include, but not limited to, the following topics: a. Values formation b. Knowledge and skills in self protection against discrimination, sexual violence and abuse, and teen pregnancy c. Physical, Social and Emotional Changes in Adolescents d. Childrens and womens rights e. Fertility awareness f. STI, HIV and AIDS g. Population and development h. Responsible relationship i. Family planning method; j. Proscription and hazards of abortion k. Gender and development l. Responsible parenthood. The DepEd, CHED, DSWD, TESDA, and DOH shall provide concerned parents with adequate and relevant scientific materials on the age-appropriate topics and manner of teaching reproductive health education to their children.

SEC. 14. Capability Building of Barangay Health Workers Barangay Health Workers and other community-based health workers shall undergo training on the promotion of reproductive health and shall receive at least 10% increase in honoraria provided that those receiving less than P1,000 shall receive at least 20% increase upon successful completion of training. This increase in honoraria shall be funded from the Gender and Development (GAD) budget or other sources of funds of the Local Government Units. SEC. 15. Employers' Responsibilities The Department of Labor and Employment (DOLE) shall ensure that employers respect the reproductive rights of workers. Consistent with Article 134 of the Labor Code, employers with more than 200 employees shall integrate the provision of reproductive health services to all employees in their respective health facilities. Those with less than 200 workers shall enter into partnership with hospitals, health facilities, and or health professionals in their areas for the delivery of reproductive health services. Employers shall also uphold the right of all workers to know work conditions which may affect their health, particularly those related with their reproductive health. Employers shall furnish in writing the following information to all employees and applicants: a. The medical and health benefits which workers are entitled to, including maternity and paternity leave benefits and the availability of family planning services; b. The reproductive health hazards associated with work, including hazards that may affect their reproductive functions especially pregnant women; c. The availability of health facilities for workers. SEC. 16. Multi-Media Campaign The DOH shall initiate and sustain a heightened nationwide multi-media campaign to raise the level of public awareness on the protection and promotion of reproductive health and rights including family planning and population and development. SEC. 17. Implementing mechanisms a. Pursuant to the herein declared policy, the DOH and the Local Health Units shall serve as the lead agencies for the implementation of this Act and shall integrate in their regular operations the following functions: i. Fully and efficiently implement the Reproductive Health Care Program; ii. Ensure peoples access to medically safe, legal, quality and affordable reproductive health goods and services; iii. Ensure that reproductive health services are delivered with a full range of supplies, facilities and equipment and that service providers are adequately trained for such reproductive health care delivery; iv. Take active steps to expand the coverage of the National Health Insurance Program (NHIP), especially among poor and marginalized women, to include the full range of reproductive health services and supplies as health insurance benefits; v. 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; vi. Facilitate the involvement and participation of non- government organizations and the private sector in reproductive health care service delivery and in the production, distribution and delivery of quality reproductive health and family planning supplies and commodities to make them accessible and affordable to ordinary citizens; vii. Furnish local government units with appropriate information and resources to keep them updated on current studies and researches relating to family planning, responsible parenthood, breastfeeding and infant nutrition; and viii. Perform such other functions necessary to attain the purposes of this Act. b. The POPCOM, as an attached agency of DOH, shall serve as the coordinating body in the implementation of this Act and shall have the following functions: i. Integrate on a continuing basis the interrelated reproductive health and population development agenda into a national policy, taking into account regional and local concerns; ii. Provide the mechanism to ensure active and full participation of the private sector and the citizenry through their organizations in the planning and implementation of reproductive health care and population development programs and projects;

iii. Conduct sustained and effective information drives on sustainable human development and on all methods of family planning to prevent unintended, unplanned and mistimed pregnancies. SEC. 18. Prohibited Acts The following acts are prohibited: a) Any healthcare 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 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 third party consent or authorization. In case of married persons the mutual consent of the spouses shall be preferred. However in case of disagreement, the decision of the one undergoing the procedure shall prevail. In the case of abused minors where parents and/or other family members are the perpetrators as certified to by the Department of Social Welfare (DSWD) and Development, no prior parental consent shall be necessary; and 3. Refuse to extend quality health care services and information on account of the persons marital status, gender, sexual orientation, age, religion, personal circumstances, or nature of work, provided that, the conscientious objection of a healthcare 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 healthcare 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 RA 8344 penalizing the refusal of hospitals and medical clinics to administer appropriate initial medical treatment and support in emergency and serious cases. b. Any public official who, 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. c. Any employer who shall require or cause any applicant for employment or an employee to: submit himself/herself to sterilization; use any contraceptive method; or not use such methods as a condition for employment or continued employment. Further, pregnancy shall not be a ground for non-hiring or termination from employment. SEC. 19. Penalties Any violation of this act shall be penalized by imprisonment ranging from one (1) month to six (6) months or imposed a fine of Ten Thousand (P 10,000.00) to Fifty Thousand Pesos (P 50,000.00) or both such fine and imprisonment at the discretion of the court, provided that if the offender is a public official, s/he shall also be administratively liable. SEC. 20. Reporting Requirements Before the end of April each year, the DOH shall submit an annual report to the President of the Philippines. The report shall provide a definitive and comprehensive assessment of the implementation of its programs and those of other Government agencies and instrumentalities, civil society and the private sector and recommend appropriate priorities for executive and legislative actions. The report shall be printed and distributed to all national agencies, the LGUs, civil society and the 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 womens reproductive health and rights. SEC. 21. Appropriations The amounts appropriated in the current annual General Appropriations Act for reproductive health and natural and artificial family planning under the DOH and POPCOM 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 facilities necessary to meet Basic Emergency Obstetric Care and Comprehensive Emergency Obstetric Care standards; the training and deployment of skilled health providers, natural and artificial family planning commodity requirements as outlined in Sec. 10, and for other reproductive health services, shall be included in the subsequent years' general appropriations. SEC. 22. Implementing Rules and Regulations

Within thirty (30) days from the effectivity of this Act, the Department of Health, National Economic and Development Authority, Department of Education, and the Department of Social Welfare and Development, together with non-government, womens, peoples, and civil society organizations shall jointly promulgate, the rules and regulations for the effective implementation of this Act. At least 30% of the members of the drafting committee shall come from said organizations. Full dissemination of the Implementing Rules and Regulations to the public shall be ensured. SEC. 23. Separability Clause - SEC. 25. Effectivity SEC. 23. Separability Clause If any part, section or provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall remain in force and effect. SEC. 24. Repealing Clause All other laws, decrees, orders, issuances, rules and regulations which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. SEC. 25. 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. Approved, 15th Congress - House Bill 101 (Hon. Janette Garin) Download the pdf file (1.6 MB), the source of the html version published below. Any discrepancy is due to unintentional error(s) in encoding the pdf file to plain text. SECTION 1. Title Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon City, Metro Manila FIFTEENTH CONGRESS FIRST REGULAR SESSION HOUSE BILL NO. 101 Introduced by Honorable Janette L. Garin, M.D. AN ACT PROVIDING FOR A NATIONAL POLICY ON REPRODUCTIVE HEALTH AND POPULATION AND DEVELOPMENT, AND FOR OTHER PURPOSES 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 "The Reproductive Health and Population and Development Act of 2010." SECTION 2. Declaration of Principles The State recognizes and guarantees the human rights of all persons including the right to equality and equity, 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, cultural beliefs, and the demands of responsible parenthood. Moreover, the State recognizes and guarantees the promotion of gender equality, equity and womens empowerment as a health and human rights concern. The advancement and protection of womens human rights shall be central to the efforts of the State to address reproductive health care. As a distinct but inseparable measure to the guarantee of womens human rights, the State recognizes and guarantees the promotion of the welfare and rights of children. In furtherance of these principles, the State shall guarantee universal access to information and education, and safe, affordable, and quality reproductive health care services. The State likewise guarantees universal access to medically-safe, legal, affordable and quality reproductive health care services, methods, devices, supplies and relevant information thereon even as it prioritizes the needs of women and children, among other underprivileged sectors. The State shall address and seek to eradicate discriminatory practices, laws and policies that infringe on a persons exercise of sexual and reproductive health and rights.

SECTION 3. Guiding Principles This Act declares the following as guiding principles: a. The right to make free and informed decision, 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 seek to promote not only the rights and welfare of adult individuals and couples but those of adolescents and children as well. c. Since human resource is the principal asset of the country, effective reproductive health care services must be given primacy to ensure maternal health, birth of healthy children, their full human development, and the promotion of responsible parenting. d. The provision of accessible and affordable reproductive health care services is essential in the promotion of peoples right to health. e. The State will promote, without bias, all modern methods of family planning. f. The State shall promote a program that: (1) enables individuals and couples to have the number of children they desire with due consideration to the health, particularly of women, and resources available to them. (2) achieves equitable allocation and utilization of resources; (3) ensures effective partnership among the national government, local government units and the private sector in the design, implementation, coordination, integration, monitoring and evaluation of people-centered programs towards quality of life and environmental protection; and (4) conducts studies to analyze demographic trends towards sustainable human development. g. The provision of reproductive health care and information must be the joint responsibility of the National Government and Local Government Units. h. Active participation by non-government, womens, peoples, civil society organizations; and communities is crucial to ensure that reproductive health and population and development policies, plans, and programs will address the priority needs of the poor, especially women. i. While nothing in this Act changes the law on abortion, the government shall ensure that all women needing care for post-abortion complications shall be treated and counseled in a humane, non-judgmental and compassionate manner. SECTION 4. Definition of Terms For the purpose of this Act, the following terms shall be defined as follows: 1. Adolescence - refers to a life stage of people aged 10 to 19. 2. Adolescent sexuality - refers to, among others, the reproductive system, gender identity, values or beliefs, emotions, relationships and sexual behavior of young people as social beings. 3. AIDS (Acquired Immune Deficiency Syndrome) - refers to a condition characterized by a combination of signs and symptoms, caused by HIV which attacks and weakens the bodys immune system, making the afflicted individual susceptible to other life-threatening infections. 4. Anti-Retroviral Medicines (ARVs) - Antiretroviral drugs are medications for the treatment of infection by retroviruses, primarily HIV. 5. Basic Emergency Obstetric Care refers to lifesaving services for maternal complications being provided by a health facility or professional, which must include the following six signal functions: administration of parenteral antibiotics; administration of parenteral oxytocic drugs; administration of parenteral anticonvulsants for pre-eclampsia and eclampsia; manual removal of placenta; removal of retained products; and assisted vaginal delivery. 6. Comprehensive Emergency Obstetric Care refers to basic emergency obstetric care plus two other signal functions: performance of caesarian section and blood transfusion. 7. Employer - includes any person acting in the interest of an employer, directly or indirectly. The term shall not include any labor organization or any of its officers or agents except when acting as an employer. 8. 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, effective, and modern methods of preventing pregnancy. 9. Gender equality refers to the absence of discrimination on the basis of a persons sex, sexual orientation and gender identity in opportunities, in the allocation of resources or benefits, or in access to services. 10. Gender equity - 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.

11. Healthcare Service Providers - refers to (a) health care institution, which is duly licensed and accredited and devoted primarily to the maintenance and operation of facilities for health promotion, 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; ((b) a health care professional, who is any doctor of medicine, nurse, or midwife; (c) public health worker engaged in the delivery of health care services; and (d) barangay health worker who has undergone training programs under any accredited government and non-government organization 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 guidelines promulgated by the Department of Health (DOH). 12. HIV (Human Immunodeficiency Virus) refers to the virus which causes AIDS. 13. Male responsibility - refers to the involvement, commitment, accountability, and responsibility of males with women in all areas of sexual and reproductive health, as well as the care of reproductive health concerns specific to men. 14. 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. 15. Modern Methods of Family Planning refers to safe, effective and legal methods to prevent pregnancy such as the pill, intra-uterine device (IUD), injectables, condom, ligation, vasectomy, and modern natural family planning methods which include mucus, Billings, ovulation, lactational amenorrhea, basal body temperature, and Standard Days methods. 16. People Living with HIV (PLWH) refers to individuals whose HIV tests indicate that they are infected with HIV. 17. Reproductive health refers to the state of complete physical, mental and social well-being and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and to its functions and processes. This implies that people are able to have a satisfying and safe sex life, that they have the capability to reproduce and the freedom to decide if, when and how often to do so, provided that these are not against the law. This further implies that women and men attain equal relationships in matters related to sexual relations and reproduction. 18. Reproductive Health Care - the access to a full range of methods, techniques, facilities and services that contribute to reproductive health and well being by preventing and solving 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: a. maternal, infant and child health and nutrition including breastfeeding b. family planning information and services; c. prevention of abortion and management of abortion complications; d. adolescent and youth reproductive health; e. prevention and management of reproductive tract infections (RTIs), HIV and AIDS and other sexually transmittable infections (STIs); f. elimination of violence against women; g. education and counseling on sexuality and sexual health; h. treatment of breast and reproductive tract cancers and other gynecological conditions and disorders; i. male responsibility and participation in reproductive health; and j. prevention and treatment of infertility and sexual dysfunction 19. Reproductive health care program refers to the systematic, integrated provision of reproductive health care elements to all citizens especially the poor, marginalized and those in vulnerable situations. 20. Reproductive tract infection (RTI) refers to sexually transmitted infections, and other types of infections affecting the reproductive system. 21. Reproductive Health and Sexuality Education refers to lifelong learning process of providing and acquiring complete, accurate and relevant information and education on reproductive health and sexuality through life skills education and other approaches. 22. Reproductive rights - the rights of individuals and couples, to decide freely and responsibly whether or not to have children; the number, spacing and timing of their children; to make other decisions concerning reproduction free of discrimination, coercion and violence; to have the information and means to do so; and to attain the highest standard of sexual and reproductive health.

23. Sexually Transmitted Infections (STIs) refers to any infection that may be acquired or passed on through sexual contact. 24. Skilled Attendant -- an accredited health professionalsuch as a midwife, doctor or nursewho has been educated and trained to proficiency in the skills needed to manage normal (uncomplicated) pregnancies, childbirth and the immediate postnatal period, and in the identification, management and referral of complications in women and newborns; traditional birth attendants or traditional midwives trained or notare excluded from this category. 25. Skilled Birth Attendance childbirth managed by a skilled attendant plus the enabling conditions of necessary equipment and support of a functioning health system, including transport and referral facilities for emergency obstetric care. 26. Sustainable Human Development refers to bringing peopleparticularly the poor and vulnerableat 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 creative lives, and done in a manner that promotes their rights and protects the life opportunities of future generations and the natural ecosystem on which all life depends. SECTION 5. Midwives for Skilled Attendance The Local Government Units (LGUs) with assistance of the Department of Health (DOH), shall employ an adequate number of midwives to achieve a minimum ratio of one (1) fulltime skilled birth attendant for every one hundred fifty (150) deliveries per year, to be based on the annual number of actual deliveries or live births for the past two years. Provided, that people in geographically isolated and depressed areas shall have the same level of access. SECTION 6. Emergency Obstetric Care Each province and city shall ensure the establishment or upgrading of hospitals with adequate and qualified personnel, equipment and supplies to be able to provide emergency obstetric care. For every 500,000 population, there shall be at least one (1) hospital for comprehensive emergency obstetric care and four (4) hospitals for basic emergency obstetric care, provided, that people in geographically isolated and depressed areas shall have the same level of access. SECTION 7. Access to Family Planning All accredited health facilities shall provide full range of modern family planning methods, except in specialty hospitals which may render such services on optional basis. For poor patients, such services shall be fully covered by PhilHealth Insurance and/or government financial assistance. After the use of any PhilHealth benefit involving childbirth and all other pregnancy-related service wherein the beneficiary wishes to space or prevent her next pregnancy, PhilHealth shall pay for the full cost of family planning for the next three (3) years. The benefit payments shall be channeled to appropriate local or national government health facilities. SECTION 8. Maternal Death Review All Local Government Units (LGUs), national and local government hospitals, and other public health units shall conduct annual maternal death review in accordance with the guidelines set by the DOH. SECTION 9. Family Planning Supplies as Essential Medicines Hormonal contraceptives, intrauterine devices, injectables and other safe and effective family planning products and supplies shall be part of the National Drug Formulary and the same shall be included in the regular purchase of essential medicines and supplies of all national and local hospitals and other government health units SECTION 10. Procurement and Distribution of Family Planning Supplies The DOH shall spearhead the efficient procurement, distribution to LGUs and usage-monitoring of family planning supplies for the whole country. The DOH shall coordinate with all appropriate LGU 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. SECTION 11. 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 shall be given the maximum benefits as provided by PhilHealth programs. SECTION 12. Mobile Health Care Service Each Congressional District shall be provided with the Mobile Health Care Service (MHCS) in the form of a van or other means of transportation appropriate to coastal and mountainous areas. 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 purchase of such shall be funded from the Priority Development Assistance Fund (PDAF) of each Congressional District. The subsequent operation and maintenance of the MHCS shall be subject to an agreement entered into between the district representative and the recipient province or cities. The MHCS shall be operated by skilled health providers and adequately equipped with a wide range of reproductive health care materials and information dissemination devices and equipment, the latter including but not limited to a television set for audio-visual presentations. All MHCS shall be operated by LGUs of provinces and highly urbanized cities. SECTION 13. Mandatory Age-Appropriate Reproductive Health and Sexuality Education Age-appropriate Reproductive Health and Sexuality Education shall be taught by adequately trained teachers in formal and non-formal educational system starting from Grade 5 using life-skills and other approaches. Reproductive Health and Sexuality Education shall commence at the start of the school year immediately following one year from the effectivity of this Act. The Department of Education (DEPED), Commission on Higher Education (CHED), TESDA, and Department of Social Welfare and Development (DSWD), and the Department of Health (DOH) shall formulate the RH and Sexuality Education curriculum. Such curriculum shall be common to both public and private schools, out of school children, youth and adults in the Alternative Learning System (ALS) based on but not limited to the following contents: Psycho-Social Wellbeing, Legal and Ethical aspects of RH, Demography and RH and Physical Wellbeing. Age-appropriate reproductive health and sexuality education shall be integrated in all relevant subjects and shall include, but not limited to the following topics: a. Values formation b. Knowledge and skills in self protection against discrimination, sexual violence and abuse, and teen pregnancy. c. Physical, social and emotional changes in adolescents d. Childrens and womens rights e. Fertility awareness f. STI, HIV and AIDS g. Population and development h. Responsible relationship i. Family planning methods j. Proscription and hazards of abortion k. Gender and development l. Responsible parenthood The DepEd, CHED, DSWD, TESDA, and DOH shall provide concerned parents with adequate and relevant scientific materials on the age-appropriate topics and manner of teaching reproductive health education to their children. SECTION 14. Capability Building of Barangay Health Workers Barangay Health Workers and other community-based health workers shall undergo training on the promotion of reproductive health and shall receive at least 10% increase in honoraria provided that those receiving less than P1,000 shall receive at least 20% increase upon successful completion of training. This increase in honoraria shall be funded from the Gender and Development (GAD) budget or other sources of funds of the Local Government Units. SECTION 15. Employers Responsibilities The Department of Labor and Employment (DOLE) shall ensure that employers respect the reproductive rights of workers. Consistent with Article 134 of the Labor Code, employers with more than 200 employees shall integrate the provision of reproductive health services to all employees in their respective

health facilities. Those with less than 200 workers shall enter into partnership with hospitals, health facilities, and or health professionals in their areas for the delivery of reproductive health services. Employers shall also uphold the right of all workers to know work conditions which may affect their health, particularly those related with their reproductive health. Employers shall furnish in writing the following information to all employees and applicants: a. The medical and health benefits which workers are entitled to, including maternity and paternity leave benefits and the availability of family planning services; b. The reproductive health hazards associated with work, including hazards that may affect their reproductive functions especially pregnant women; c. The availability of health facilities for workers. SECTION 16. Multi-Media Campaign The DOH shall initiate and sustain a heightened nationwide multi-media campaign to raise the level of public awareness on the protection and promotion of reproductive health and rights including family planning and population and development. SECTION 17. Implementing mechanisms a. Pursuant to the herein declared policy, the DOH and the Local Health Units shall serve as the lead agencies for the implementation of this Act and shall integrate in their regular operations the following functions: i. Fully and efficiently implement the Reproductive Health Care Program; ii. Ensure peoples access to medically safe, legal, quality and affordable reproductive health goods and services; iii. Ensure that reproductive health services are delivered with a full range of supplies, facilities and equipment and that service providers are adequately trained for such reproductive health care delivery; iv. Take active steps to expand the coverage of the National Health Insurance Program (NHIP), especially among poor and marginalized women, to include the full range of reproductive health services and supplies as health insurance benefits; v. 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; vi. Facilitate the involvement and participation of non-government organizations and the private sector in reproductive health care service delivery and in the production, distribution and delivery of quality reproductive health and family planning supplies and commodities to make them accessible and affordable to ordinary citizens; vii. Furnish local government units with appropriate information and resources to keep the latter updated on current studies and researches relating to family planning, responsible parenthood, breastfeeding and infant nutrition; and viii. Perform such other functions necessary to attain the purposes of this Act. b. The POPCOM, as an attached agency of DOH, shall serve as the coordinating body in the implementation of this Act and shall have the following functions: i. Integrate on a continuing basis the interrelated reproductive health and population development agenda into a national policy, taking into account regional and local concerns; ii. Provide the mechanism to ensure active and full participation of the private sector and the citizenry through their organizations in the planning and implementation of reproductive health care and population development programs and projects; iii. Conduct sustained and effective information drives on sustainable human development and on all methods of family planning to prevent unintended, unplanned and mistimed pregnancies. SECTION 18. Prohibited Acts The following acts are prohibited: a) Any healthcare 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 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 third party consent or authorization. In case of married persons the mutual

consent of the spouses shall be preferred. However in case of disagreement, the decision of the one undergoing the procedure shall prevail. In the case of abused minors where parents and/or other family members are the perpetrators as certified to by the Department of Social Welfare (DSWD) and Development, no prior parental consent shall be necessary; and 3. Refuse to extend quality health care services and information on account of the persons marital status, gender, sexual orientation, age, religion, personal circumstances, or nature of work, provided that, the conscientious objection of a healthcare 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 healthcare 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 RA 8344 penalizing the refusal of hospitals and medical clinics to administer appropriate initial medical treatment and support in emergency and serious cases. b) Any public official who, 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. c) Any employer who shall require or cause any applicant for employment or an employee to: submit himself/herself to sterilization; use any contraceptive method; or not use such methods as a condition for employment or continued employment. Further, pregnancy shall not be a ground for non-hiring or termination from employment. SECTION 19. Penalties Any violation of this act shall be penalized by imprisonment ranging from one (1) month to six (6) months or imposed a fine of Ten Thousand (P 10,000.00) to Fifty Thousand Pesos (P 50,000.00) or both such fine and imprisonment at the discretion of the court, provided that if the offender is a public official, s/he shall also be administratively liable. SECTION 20. Reporting Requirements Before the end of April each year, the DOH shall submit an annual report to the President of the Philippines. The report shall provide a definitive and comprehensive assessment of the implementation of its programs and those of other Government agencies and instrumentalities, civil society and the private sector and recommend appropriate priorities for executive and legislative actions. The report shall be printed and distributed to all national agencies, the LGUs, civil society and the 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 womens reproductive health and rights. SECTION 22. Implementing Rules and Regulations Within thirty (30) days from the effectivity of this Act, the Department of Health, National Economic and Development Authority, Department of Education, and the Department of Social Welfare and Development, together with non-government, womens, peoples, and civil society organizations shall jointly promulgate, the rules and regulations for the effective implementation of this Act. At least 30% of the members of the drafting committee shall come from said organizations. Full dissemination of the Implementing Rules and Regulations to the public shall be ensured. SECTION 23. Separability Clause - SECTION 25. Effectivity SECTION 23. Separability Clause. If any part, section or provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall remain in force and effect. SECTION 24. Repealing Clause. All other laws, decrees, orders, issuances, rules and regulations which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. SECTION 25. 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. Approved, 15th Congress - House Bill 96 (by Hon. Edcel C. Lagman)

Download the pdf (993 KB) here or from the bill author's official website. Any discrepancy is due to unintentional error(s) in encoding the pdf file to plain text. Republic of the Philippines HOUSE OF Representatives Quezon City, Metro Manila FIFTEENTH CONGRESS FIRST REGULAR SESSION HOUSE BILL NO. 96 Introduced by HONORABLE EDCEL C. LAGMAN EXPLANATORY NOTE When the first comprehensive version of the RH bill, House Bill 8110 or "The Integrated Population and Development Act of 1999" was filed in the 11th Congress, the Philippines had a population of roughly 75 million. Today, 10 years later, we hold he dubious distinction of being the 12th most populous country In the world with a population of 94.3 million or a staggering increase of 19.3 million. This would translate to an annual average increase of almost two million every year in a decade. However, it must be underscored that reproductive health goes beyond a demographic target because It is principally about the right to health and sustainable human development. The enactment of the RH bill is long overdue because although, reproductive health has long been considered a basic universal human right, this right remains elusive and illusory for millions of Filipinos, especially the poor. Consider the following: 2.6 million Filipino women would like to plan their families but lack information and access to do so. (Family Planning Survey 2006) The poorest Filipinas are still having an average of 6 children (this is almost 3 times their desired number of children). (FPS 2006) 44% of the pregnancies in the poorest quintile are unwanted. (FPS 2006) Among the poorest women who would like to avoid pregnancy, at least 41% do not use any contraceptive method because of lack of information or access (FPS 2006) 54% of married women do not want an additional child but 49% of them are not using any form of family planning method (2008 National Demographic and Health Survey). 22% of married Fllipino women have an unmet need for family planning services (2008 NDHS), an increase by more than one-third since the 2003 NDHS. Only 67% of all births in the Philippines are planned. The rest are either mistimed or unwanted (NDHS 2008). Women want fewer children than what they actually have. The total wanted fertility in the country of 2.4 children is 27% lower than the actual total fertility rate of 3.3 children (NDHS 2008). 42% of women consider a two-child family as the ideal family size (2008 NDHS). Correct and consistent use of contraceptives will prevent one-third of all maternal deaths and family planning helps prevent 1 million infant deaths worldwide (WHO and UNFPA) Precise and regular use of contraceptives can decrease abortion rates by as much as 85% (Allan Guttmacher Institute). The proposed bill is pro-poor, pro-women and pro-life. Its principal beneficiaries will be the poorest of the poor and the marginalized. Reproductive health and family planning significantly improves maternal health and lowers maternal morbidity. Having the ability to plan and space children will afford women more employment and educational opportunities and will significantly lower abortion rates. The bill will also prevent infant and child deaths. Family planning will likewise mean larger investments in children's health and education and better health outcomes for children. With resultant lower maternal and infant deaths and capacity for more investments in health and education, RH is definitely pro-life. The RH bill aims to achieve the following primary objectives: First, it will help give parents the opportunity to exercise their right to freely and responsibly plan the number and spacing of their children. The bill is truly rights-based.

It mandates the provision of all forms of family planning, both modern natural and artificial, to women and couples as long as they are legal and medically-safe, and truly effective. However, the acceptance and adoption of family planning is the option and decision of parents and couples, particularly of women. Second, it will help Improve maternal, newborn and child health and nutrition and reduce maternal, infant and child mortality. The bill is primarily a health measure. It will promote maternal and infant health even as it will help prevent the deaths of thousands of mothers and babies annually. The death of 500,000 women worldwide annually due to complications related to pregnancy and childbirth is both an aberration and a gross social injustice. In the Philippines 11 mothers die daily. The RH bill supports the attainment by the country of our MDG commitments on reduction of infant mortality, improvement of maternal health and universal access to family planning. Third, the RH bill will give women more opportunities to finish their education and secure productive work by freeing them from unremitting pregnancies. Access to family planning information and services ensures maternal health and allows women to pursue opportunities in education and employment and thus will enhance their social and economic status and that of their families. The RH bill will help women become self-reliant and acquire self-esteem. Fourth, it will help reduce poverty and achieve sustainable human development. It is necessary to enact a national policy on reproductive health because it is an indispensable development tool. Family planning and mitigation of our population growth rate must be allied components of the development agenda. Fifth, the RH bill will most definitely help lower the incidence of abortion by preventing unplanned, mistimed and unwanted pregnancies which are the ones usually terminated. Sixth, promotion of reproductive health is cost effective. It is much less expensive than the mega projects of government but has more beneficiaries. The improvement of maternal and infant health and reduction of maternal and infant mortality will generate savings for the government which could be channeled to education and other basic services. The UNICEF asserts that "family planning could bring more benefits to more people at less cost than any other single technology now available to the human race." (UNICEF State of the World's Children Report, 1992) This measure is anchored on the principle that everyone has the right to reproductive self-determination meaning the right to decide when and how often one becomes a parent or the right not to be a parent at all. Should a couple decide that they want to plan and space their children, the State must be able to provide them with relevant and timely information on all methods of family planning which are legal and medicallysafe. Once the couple has decided on the method best suited to their needs, personal convictions and religious beliefs, then the State must once again be prepared and equipped to provide them with quality reproductive health and family planning services. Moreover, should a woman, who bears the brunt of pregnancy and childbirth decide to become a mother, the State must be able to provide her with the services she needs for safe motherhood. At the heart of the bill is freedom of informed choice. Neither the Sate nor the Church has the authority to compel the people or the faithful what family planning method to adopt. The choice belongs to parents and couples, particularly to women who have the inherent right over their own bodies. Consequently, this bill seeks to provide the enabling environment for couples and individuals to enjoy the basic right to decide freely and responsibly the number and spacing of their children and to have the information, education, and access to safe, effective, affordable and acceptable methods of family planning of their choice. The experience of our Asian neighbors clearly shows that a government-funded family planning program together with a comprehensive, health-based, rights-anchored and development-oriented policy on RH and population and development are crucial components in poverty reduction programs and a sound and sensible economic policy. We cannot address adequately the problem of poverty and its attendant manifestations of poor health, crippling ignorance, widespread hunger, continuing unemployment, scarce mass housing and threatened environment if we do not squarely address the problem of a bloated population and high and unwanted fertility. Experts all agree that sustainable socio-economic development cannot be achieved if the issue of population is ignored or addressed separately from the issues of development and poverty. Congress should not renege on its duty to enact laws that will protect and promote the right of Filipinos to overall health and well-being and sustainable human development.

Accordingly, approval of this measure is earnestly sought. EDCEL C. LAGMAN SECTION 1. Title Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon City FIFTEENTH CONGRESS First Regular Session HOUSE BILL NO. 96 Introduced by: HONORABLE EDCEL C. LAGMAN AN ACT PROVIDING FOR A NATIONAL POLICY ON REPRODUCTIVE HEALTH, RESPONSIBLE PARENTHOOD AND POPULATION AND DEVELOPMENT, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled: SECTION. 1. Title. - This Act shall be known as the "The Reproductive Health and Population and Development Act of 2010." SEC. 2. - Declaration of Policy The State recognizes and guarantees the exercise of the universal basic human right to reproductive health by all persons, particularly of parents, couples and women, consistent with their religious convictions, cultural beliefs and the demands of responsible parenthood. Moreover, the State recognizes and guarantees the promotion of gender equality, equity and womens empowerment as a health and human rights concern. The advancement and protection of womens human rights shall be central to the efforts of the State to address reproductive health care. As a distinct but inseparable measure to the guarantee of womens human rights, the State recognizes and guarantees the promotion of the welfare and rights of children. The State likewise guarantees universal access to medically-safe, legal, affordable, effective and quality reproductive health care services, methods, devices, supplies and relevant information and education thereon even as it prioritizes the needs of women and children, among other underprivileged sectors. The State shall address and seek to eradicate discriminatory practices, laws and policies that infringe on a persons exercise of reproductive health rights. SEC. 3. Guiding Principles 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 restraint or coercion, and free exercise must be fully guaranteed by the State like the right itself. b. Respect for, protection and fulfillment of reproductive health and rights seek to promote not only the rights and welfare of adult individuals and couples but those of adolescents and children as well. c. Since human resource is a principal asset of the country, effective reproductive health care services must be given primacy to ensure maternal health, birth of healthy children and their full human development and responsible parenting. d. The provision of accessible, affordable and effective reproductive health care services is essential in the promotion of peoples right to health. e. The State shall promote, without bias, all modern natural and artificial methods of family planning that are medically safe, legal and effective. f. The State shall promote a program that: (1) enables individuals and couples to have the number of children they desire with due consideration to the health of women and resources available to them; (2) achieves equitable allocation and utilization of resources; (3) ensures effective partnership among the national government, local government units and the private sector in the design, implementation, coordination, integration, monitoring and evaluation of people- centered programs to enhance quality of life and environmental protection; and (4) conducts studies to analyze demographic trends towards sustainable human development. g. The provision of reproductive health care and information shall be the joint responsibility of the National Government and Local Government Units.

h. Active participation by non-government, womens, peoples, civil society organizations and communities is crucial to ensure that reproductive health and population and development policies, plans, and programs will address the priority needs of the poor, especially women. i. While nothing in this Act changes the law against abortion, the government shall ensure that all women needing care for post-abortion complications shall be treated and counseled in a humane, nonjudgmental and compassionate manner. j. Reproductive health goes beyond a demographic target because it is principally about health and rights. k. Gender equality and women empowerment are central elements of reproductive health and population and development. l. The limited resources of the country cannot be suffered to be spread so thinly to service a burgeoning multitude that makes the allocations grossly inadequate and effectively meaningless. SEC. 4. Definition of Terms For the purposes of this Act, the following terms shall be defined as follows: 1. Adolescence refers to a life stage of persons aged 10 to 19. 2. Adolescent Sexuality refers to, among others, the reproductive system, gender identity, values or beliefs, emotions, relationships and sexual behavior of young people as social beings. 3. AIDS (Acquired Immune Deficiency Syndrome) refers to a condition characterized by a combination of signs and symptoms, caused by Human Immunodeficiency Virus (HIV) which attacks and weakens the bodys immune system, making the afflicted individual susceptible to other life-threatening infections. 4. Anti-Retroviral Medicines (ARVs) Antiretroviral drugs are medications for the treatment of infection by retroviruses, primarily HIV. 5. Basic Emergency Obstetric Care refers to lifesaving services for maternal complications being provided by a health facility or professional, which must include the following six signal functions: administration of parenteral antibiotics; administration of parenteral oxytocic drugs; administration of parenteral anticonvulsants for pre-eclampsia and eclampsia; manual removal of placenta; removal of retained products; and assisted vaginal delivery. 6. Comprehensive Emergency Obstetric Care refers to basic emergency obstetric care including performance of caesarian section and blood transfusion. 7. Employer refers to any natural or juridical person who hires the services of a worker. The term shall not include any labor organization or any of its officers or agents except when acting as an employer. 8. Family Planning - refers to a program which enables couples and individuals to decide freely and responsibly the number and spacing of their children, acquire relevant information, and have access to a full range of safe, legal, affordable and effective modern natural and artificial methods of preventing and spacing pregnancy. 9. Gender Equality refers to the absence of discrimination on the basis of a persons sex, sexual orientation and gender identity in opportunities, allocation of resources or benefits and access to services. 10. Gender Equity refers to fairness and justice in the distribution of benefits and responsibilities between women and men, and often requires women-specific projects and programs to end existing inequalities. 11. Healthcare Service Providers refers to (a) 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; ((b) a health care professional, who is a doctor of medicine, nurse, or midwife; (c) public health worker engaged in the delivery of health care services; and (d) barangay health worker who has undergone training programs under any accredited government and non-government organization 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 guidelines promulgated by the Department of Health (DOH). 12. HIV (Human Immunodeficiency Virus) refers to the virus which causes AIDS. 13. Male Responsibility refers to the involvement, commitment, accountability, and responsibility of males in relation to women in all areas of sexual and reproductive health as well as the protection and promotion of reproductive health concerns specific to men. 14. 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.

15. Modern Methods of Family Planning refers to safe, effective and legal methods to prevent pregnancy such as the pill, intra-uterine device (IUD), injectables, condom, ligation, vasectomy, and modern natural family planning methods which include mucus, Billings, ovulation, lactational amenorrhea, basal body temperature, and Standard Days methods. 16. People Living with HIV (PLWH) refers to individuals whose HIV tests indicate that they are infected with HIV. 17. Population and Development refers to a program that aims to: (1) help couples and parents achieve their desired family size; (2) improve reproductive health of individuals by addressing reproductive health problems; (3) contribute to decreased maternal and infant mortality rates and early child mortality; (4) reduce incidence of teenage pregnancy; (5) enable government to achieve a balanced population distribution; and (6) recognize the linkage between population and sustainable human development. 18. Reproductive Health 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 enjoy responsible and safe sex, that they have the capability to have children 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 sexuality and reproduction. 19. Reproductive Health Care the access to a full range of methods, techniques, facilities and services that contribute to reproductive health and well-being by preventing and solving 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: a. maternal, infant and child health and nutrition, including breastfeeding b. family planning information and services; c. proscription of abortion and management of abortion complications; d. adolescent and youth reproductive health; e. prevention and management of reproductive tract infections (RTIs), HIV and AIDS and other sexually transmittable infections (STIs); f. elimination of violence against women; g. education and counseling on sexuality and reproductive health; h. treatment of breast and reproductive tract cancers and other gynecological conditions and disorders; i. male responsibility and participation in reproductive health; j. prevention and treatment of infertility and sexual dysfunction; and k. reproductive health education for the youth. 20. Reproductive Health Care Program refers to the systematic and integrated provision of reproductive health care to all citizens especially the poor, marginalized and those in vulnerable situations. 21. Reproductive Health Rights the rights of individuals and couples to decide freely and responsibly whether or not to have children; to determine the number, spacing and timing of their children; to make allied decisions concerning reproduction free of discrimination, coercion and violence; to have relevant information; and to attain the highest condition of sexual and reproductive health. 22. Reproductive Health and Sexuality Education refers to a lifelong learning process of providing and acquiring complete, accurate and relevant information and education on reproductive health and sexuality through life skills education and other approaches. 23. Reproductive Tract Infection (RTI) refers to sexually transmitted infections, and other types of infections affecting the reproductive system. 24. Responsible Parenthood refers to the will, ability and commitment of parents to adequately respond to the needs and aspirations of the family and children by responsibly and freely exercising their reproductive health rights. 25. Sexually Transmitted Infections (STIs) refers to any infection that may be acquired or passed on through sexual contact. 26. Skilled Attendant an accredited health professional - such as a midwife, doctor or nurse - who has been educated and trained to develop proficiency in the skills needed to manage normal (uncomplicated) pregnancies, childbirth and the immediate postnatal period, and in the identification, management and referral of complications in women and newborns; traditional birth attendants or traditional midwives trained or not - are excluded from this category.

27. Skilled Birth Attendance childbirth managed by a skilled attendant plus the enabling conditions of necessary equipment and support of a functioning health system, including transport and referral facilities for emergency obstetric care. 28. 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, and done in a manner that promotes their rights and protects the life opportunities of future generations and the natural ecosystem on which all life depends. SEC. 5. Midwives for Skilled Attendance The Local Government Units (LGUs) with the assistance of the Department of Health (DOH), shall employ an adequate number of midwives to achieve a minimum ratio of one (1) fulltime skilled birth attendant for every one hundred fifty (150) deliveries per year, to be based on the annual number of actual deliveries or live births for the past two years; Provided, That people in geographically isolated and depressed areas shall be provided the same level of access. SEC. 6. Emergency Obstetric Care Each province and city, with the assistance of the DOH, shall establish or upgrade hospitals with adequate and qualified personnel, equipment and supplies to be able to provide emergency obstetric care. For every 500,000 population, there shall be at least one (1) hospital for comprehensive emergency obstetric care and four (4) hospitals for basic emergency obstetric care; Provided, That people in geographically isolated and depressed areas shall be provided the same level of access. SEC. 7. Access to Family Planning All accredited health facilities shall provide a full range of modern family planning methods, except in specialty hospitals which may render such services on optional basis. For poor patients, such services shall be fully covered by PhilHealth Insurance and/or government financial assistance. After the use of any PhilHealth benefit involving childbirth and all other pregnancy-related services, if the beneficiary wishes to space or prevent her next pregnancy, PhilHealth shall pay for the full cost of family planning for the next three (3) years. The benefit payments shall be channeled to appropriate local or national government health facilities. SEC. 8. Maternal Death Review All Local Government Units (LGUs), national and local government hospitals, and other public health units shall conduct annual maternal death review in accordance with the guidelines set by the DOH. SEC. 9. Family Planning Supplies as Essential Medicines Hormonal contraceptives, intrauterine devices, injectables and other safe and effective family planning products and supplies shall be part of the National Drug Formulary and the same shall be included in the regular purchase of essential medicines and supplies of all national and local hospitals and other government health units. SEC. 10. Procurement and Distribution of Family Planning Supplies The DOH shall spearhead the efficient procurement, distribution to LGUs and usage-monitoring of family planning supplies for the whole country. The DOH shall coordinate with all appropriate LGU 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. SEC. 11. 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 shall be given the maximum benefits as provided by PhilHealth programs. SEC. 12. Mobile Health Care Service Each Congressional District shall be provided with at least one Mobile Health Care Service (MHCS) in the form of a van or other means of transportation appropriate to coastal or mountainous areas. The MHCS shall deliver health care goods and services to constituents, more particularly to the poor and needy, and shall be used to disseminate knowledge and information on reproductive health. The purchase of the MHCS shall be funded from the Priority Development Assistance Fund (PDAF) of each Congressional

District. The operation and maintenance of the MHCS shall be subject to an agreement entered into between the district representative and the recipient focal municipality or city. The MHCS shall be operated by skilled health providers and adequately equipped with a wide range of reproductive health care materials and information dissemination devices and equipment, the latter including, but not limited to, a television set for audio-visual presentations. All MHCS shall be operated by a focal city or municipality within a congressional district. SEC. 13. Mandatory Age-Appropriate Reproductive Health and Sexuality Education Age-appropriate Reproductive Health and Sexuality Education shall be taught by adequately trained teachers in formal and non-formal educational system starting from Grade Five up to Fourth Year High School using life-skills and other approaches. Reproductive Health and Sexuality Education shall commence at the start of the school year immediately following one year from the effectivity of this Act to allow the training of concerned teachers. The Department of Education (DEPED), Commission on Higher Education (CHED), TESDA, Department of Social Welfare and Development (DSWD), and the Department of Health (DOH) shall formulate the RH and Sexuality Education curriculum. Such curriculum shall be common to both public and private schools, out of school youth, and enrollees in the Alternative Learning System (ALS) based on, but not limited to, the following contents: psycho-social wellbeing, legal aspects of RH, demography and RH and physical wellbeing. Age-appropriate reproductive health and sexuality education shall be integrated in all relevant subjects and shall include, but not limited to, the following topics: a. Values formation; b. Knowledge and skills in self protection against discrimination, sexual violence and abuse, and teen pregnancy; c. Physical, social and emotional changes in adolescents; d. Childrens and womens rights; e. Fertility awareness; f. STI, HIV and AIDS; g. Population and development; h. Responsible relationship; i. Family planning methods; j. Proscription and hazards of abortion; k. Gender and development; and l. Responsible parenthood. The DepEd, CHED, DSWD, TESDA, and DOH shall provide concerned parents with adequate and relevant scientific materials on the age-appropriate topics and manner of teaching reproductive health education to their children. SEC. 14. Additional Duty of Family Planning Office Each local Family Planning Office shall furnish free instructions and information on family planning, responsible parenthood, breastfeeding and infant nutrition to all applicants for marriage license. SEC. 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 family planning, responsible parenthood, breastfeeding and infant nutrition. SEC. 16. Capability Building of Barangay Health Workers Barangay Health Workers and other community-based health workers shall undergo training on the promotion of reproductive health and shall receive at least 10% increase in honoraria, provided that those receiving less than P1,000 monthly shall receive at least 20% increase upon successful completion of training. This increase in honoraria shall be funded from the Gender and Development (GAD) budget and from the national fund on Financial Assistance to Local Government Units or its equivalent as provided for in the annual General Appropriations Act. SEC. 17. Ideal Family Size The State shall assist couples, parents and individuals to achieve their desired family size within the context of responsible parenthood for sustainable development and encourage them to have two children

as the ideal family size. Attaining the ideal family size is neither mandatory nor compulsory. No punitive action shall be imposed on parents having more than two children. SEC. 18. Employers' Responsibilities The Department of Labor and Employment (DOLE) shall ensure that employers respect the reproductive rights of workers. Consistent with the intent of Article 134 of the Labor Code, employers with more than 200 employees shall provide reproductive health services to all employees in their own respective health facilities. Those with less than 200 workers shall enter into partnerships with hospitals, health facilities, and/or health professionals in their areas for the delivery of reproductive health services. Employers shall furnish in writing the following information to all employees and applicants: a. The medical and health benefits which workers are entitled to, including maternity and paternity leave benefits and the availability of family planning services; b. The reproductive health hazards associated with work, including hazards that may affect their reproductive functions especially pregnant women; and c. The availability of health facilities for workers. SEC. 19. Multi-Media Campaign The DOH shall initiate and sustain a heightened nationwide multi-media campaign to raise the level of public awareness of the protection and promotion of reproductive health and rights including family planning and population and development. SEC. 20. Implementing Mechanisms Pursuant to the herein declared policy, the DOH and the Local Health Units in cities and municipalities shall serve as the lead agencies for the implementation of this Act and shall integrate in their regular operations the following functions: a. Ensure full and efficient implementation of the Reproductive Health Care Program; b. Ensure peoples access to medically safe, legal, effective, quality and affordable reproductive health goods and services; c. Ensure that reproductive health services are delivered with a full range of supplies, facilities and equipment and that service providers are adequately trained for such reproductive health care delivery; d. Take active steps to expand the coverage of the National Health Insurance Program (NHIP), especially among poor and marginalized women, to include the full range of reproductive health services and supplies as health insurance benefits; e. Strengthen the capacities of health regulatory agencies to ensure safe, legal, effective, quality, accessible and affordable reproductive health services and commodities with the concurrent strengthening and enforcement of regulatory mandates and mechanisms; f. Facilitate the involvement and participation of non-government organizations and the private sector in reproductive health care service delivery and in the production, distribution and delivery of quality reproductive health and family planning supplies and commodities to make them accessible and affordable to ordinary citizens; g. Furnish local government units with appropriate information and resources to keep them updated on current studies and researches relating to family planning, responsible parenthood, breastfeeding and infant nutrition; and h. Perform such other functions necessary to attain the purposes of this Act. The Population Commission, (POPCOM) as an attached agency of DOH, shall serve as the coordinating body in the implementation of this Act and shall have the following functions: a. Integrate on a continuing basis the interrelated reproductive health and population development agenda consistent with the herein declared national policy, taking into account regional and local concerns; b. Provide the mechanism to ensure active and full participation of the private sector and the citizenry through their organizations in the planning and implementation of reproductive health care and population and development programs and projects; c. Conduct sustained and effective information drives on sustainable human development and on all methods of family planning to prevent unintended, unplanned and mistimed pregnancies. SEC. 21. Reporting Requirements Before the end of April of each year, the DOH shall submit an annual report to the President of the Philippines, the President of the Senate and the Speaker of the House of Representatives. The report

shall provide a definitive and comprehensive assessment of the implementation of its programs and those of other Government agencies and instrumentalities, civil society and the private sector and recommend appropriate priorities for executive and legislative actions. The report shall be printed and distributed to all national agencies, the LGUs, civil society and the 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 reproductive health and rights, particularly of parents, couples and women. SEC. 22. Prohibited Acts The following acts are prohibited: a) Any healthcare 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 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 third party consent or authorization. In case of married persons, the mutual consent of the spouses shall be preferred. However in case of disagreement, the decision of the one undergoing the procedure shall prevail. In the case of abused minors where parents and/or other family members are the perpetrators as certified to by the Department of Social Welfare and Development (DSWD), no prior parental consent shall be necessary; and 3. Refuse to extend health care services and information on account of the persons marital status, gender, sexual orientation, age, religion, personal circumstances, or nature of work; Provided, That, the conscientious objection of a healthcare 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 healthcare 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 RA 8344 penalizing the refusal of hospitals and medical clinics to administer appropriate initial medical treatment and support in emergency and serious cases. b) Any public official who, 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. c) Any employer or his representative who shall require an employee or applicant, as a condition for employment or continued employment, to undergo sterilization or use or not use any family planning method; neither shall pregnancy be a ground for non-hiring or termination of employment. d) Any person who shall falsify a certificate of compliance as required in Section 15 of this Act; and e) Any person who maliciously engages in disinformation about the intent or provisions of this Act. SEC. 23. Penalties Any commission of the foregoing prohibited acts or violation of this Act shall be penalized by imprisonment ranging from one (1) month to six (6) months or a fine of Ten Thousand (P 10,000.00) to Fifty Thousand Pesos (P 50,000.00) or both such fine and imprisonment at the discretion of the competent court; Provided That, if the offender is a public official or employee, he or she shall suffer the accessory penalty of dismissal from the government service and forfeiture of retirement benefits. 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. SEC. 24. Appropriations The amounts appropriated in the current annual General Appropriations Act for reproductive health and natural and artificial family planning under the DOH and POPCOM and other concerned agencies shall be allocated and utilized for the initial implementation of this Act. Such additional sums necessary to implement this Act; provide for the upgrading of facilities necessary to meet Basic Emergency Obstetric Care and Comprehensive Emergency Obstetric Care standards; train and deploy skilled health providers; procure family planning supplies and commodities as provided in Sec. 10; and implement other reproductive health services, shall be included in the subsequent years' General Appropriations Acts. SEC. 25. Implementing Rules and Regulations

Within thirty (30) days from the effectivity of this Act, the Department of Health, National Economic and Development Authority, Department of Education, and the Department of Social Welfare and Development, in sustained and meaningful consultation with non- government, womens, peoples, and civil society organizations, shall jointly promulgate, the rules and regulations for the effective implementation of this Act. At least 30% of the members of the drafting committee shall come from aforesaid organizations. Full dissemination of the Implementing Rules and Regulations to the public shall be ensured. SEC. 26. Separability Clause If any part or provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall remain in force and effect. SEC. 27. Repealing Clause All other laws, decrees, orders, issuances, rules and regulations which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. All other laws, decrees, orders, issuances, rules and regulations which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. SEC. 28. Effectivity This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation. Approved, 14th Congress - House Bill 5043 Download the pdf file here (2.31 MB) or at the House of Representatives website. Any discrepancy is due to unintentional error(s) in encoding the pdf file to plain text. Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon City, Metro Manila FOURTEENTH CONGRESS FIRST REGULAR SESSION HOUSE BILL NO. 5043 (In substitution to HB NOs. 17, 812, 2753, & 3970) Introduced by Honorables Edcel C. Lagman, Janette L. Garin, Narciso D. Santiago III, Mark Llandro Mendoza, Ana Theresia Hontiveros-Baraquel, Eleandro Jesus F. Madrona AN ACT PROVIDING FOR A NATIONAL POLICY ON REPRODUCTIVE HEALTH, RESPONSIBLE PARENTHOOD AND POPULATION DEVELOPMENT, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled: SECTION 1. Short Title This Act shall be known as the Reproductive Health and Population Development Act of 2008. SEC. 2. Declaration of Policy The State upholds and promotes responsible parenthood, informed choice, birth spacing and respect for life in conformity with internationally recognized human rights standards. The State shall uphold the right of the people, particularly women and their organizations, to effective and reasonable participation in the formulation and implementation of the declared policy. This policy is anchored on the rationale that sustainable human development is better assured with a manageable population of healthy, educated and productive citizens. The State likewise guarantees universal access to medically-safe, legal, affordable and quality reproductive health care services, methods, devices, supplies and relevant information thereon even as it prioritizes the needs of women and children, among other underprivileged sectors. SEC. 3. Guiding Principles This Act declares the following as basic guiding principles: a. In the promotion of reproductive health, there should be no bias for either modern or natural methods of family planning; b. Reproductive health goes beyond a demographic target because it is principally about health and rights;

c. Gender equality and women empowerment are central elements of reproductive health and population development; d. Since manpower is the principal asset of every country, effective reproductive health care services must be given primacy to ensure the birth and care of healthy children and to promote responsible parenting; e. The limited resources of the country cannot be suffered to be spread so thinly to service a burgeoning multitude that makes the allocations grossly inadequate and effectively meaningless; f. Freedom of informed choice, which is central to the exercise of any right, must be fully guaranteed by the State like the right itself; g. While the number and spacing of children are left to the sound judgment of parents and couples based on their personal conviction and religious beliefs, such concerned parents and couples, including unmarried individuals, should be afforded free and full access to relevant, adequate and correct information on reproductive health and human sexuality and should be guided by qualified State workers and professional private practitioners; h. Reproductive health, including the promotion of breastfeeding, must be the joint concern of the National Government and Local Government Units (LGUs); i. Protection and promotion of gender equality, woman empowerment and human rights, including reproductive health rights, are imperative; j. Development is a multi-faceted process that calls for the coordination and integration of policies, plans, programs and projects that seek to uplift the quality of life of the people, more particularly the poor, the needy and the marginalized; k. Active participation by and thorough consultation with concerned non-government organizations (NGOs), peoples organizations (POs) and communities are imperative to ensure that basic policies, plans, programs and projects address the priority needs of stakeholders; l. Respect for, protection and fulfillment of reproductive health rights seek to promote not only the rights and welfare of adult individuals and couples but those of adolescents and childrens as well; and m. While nothing in this Act changes the law on abortion, as abortion remains a crime and is punishable, the government shall ensure that women seeking care for post-abortion complications shall be treated and counseled in a humane, non-judgmental and compassionate manner. SEC. 4. Definition of Terms For purposes of this Act, the following terms shall be defined as follows: a. Responsible Parenthood refers to the will, ability and commitment of parents to respond to the needs and aspirations of the family and children more particularly through family planning. b. Family Planning refers to a program which enables couples and individuals to decide freely and responsibly the number and spacing of their children and to have the information and means to carry out their decisions, and to have informed choice and access to a full range of safe, legal and effective family planning methods, techniques and devices. c. Reproductive Health -refers to the state of physical, mental and social well-being and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and to its funcitions and processes. This implies that people are able to have a satisfying and safe sex life, that they have the capability to reproduce and the freedom to decide if, when and how often to do so, provided that these are not against the law. This further implies that women and men are afforded equal status in matters related to sexual relations and reproduction. d. Reproductive Health Rights refers to the rights of individuals and couples do decide freely and responsibly the number, spacing and timing of their children; to make other decisions concerning reproduction free of discrimination, coercion and violence; to have the information and means to carry out their decisions; and to attain the highest standard of sexual and reproductive health. e. Gender Equality refers to the absence of discrimination on the basis of a persons sex, in opportunities, allocation of resources and benefits, and access to services. f. Gender Equity refers to fairness and justice in the distribution of benefits and responsibilities between women and men, and often requires women-specific projects and programs to eliminate existing inequalities, inequities, policies and practices unfavorable to women. g. Reproductive Health Care refers to the availability of and access to a full range of methods, techniques, supplies and services that contribute to reproductive and sexual health and well-being by

preventing and solving reproductive health-related problems in order to achieve enhancement of life and personal relations. The elements of reproductive health care include: 1. Maternal, infant and child health and nutrition; 2. Promotion of breastfeeding; 3. Family planning information end services; 4. Prevention of abortion and management of post-abortion complications; 5. Adolescent and youth health; 6. Prevention and management of reproductive tract infections (RTIs), HIV/AIDS and other sexually transmittable infections (STIs); 7. Elimination of violence against women; 8. Education and counseling on sexuality and sexual and reproductive health; 9. Treatment of breast and reproductive tract cancers and other gynecological conditions; 10. Male involvement and participation in reproductive health; 11. Prevention and treatment of infertility and sexual dysfunction; and 12. Reproductive health education for the youth. h. Reproductive Health Education refers to the process of acquiring complete, accurate and relevant information on all matters relating to the reproductive system, its functions and processes and human sexuality; and forming attitudes and beliefs about sex, sexual identity, interpersonal relationships, affection, intimacy and gender roles. It also includes developing the necessary skills to be able to distinguish between facts and myths on sex and sexuality; and critically evaluate and discuss the moral, religious, social and cultural dimensions of related sensitive issues such as contraception and abortion. i. Male involvement and participation refers to the involvement, participation, commitment and joint responsibility of men with women in all areas of sexual and reproductive health, as well as reproductive health concerns specific to men. j. Reproductive tract infection (RTI) refers to sexually transmitted infections, sexually transmitted diseases and other types of infections affecting the reproductive system. k. Basic Emergency Obstetric Care refers to lifesaving services for maternal complication being provided by a health facility or professional which must include the following six signal functions: administration of parenteral antibiotics; administration of parrenteral oxytocic drugs; administration of parenteral anticonvulsants for pre-eclampsia and eclampsia; manual removal of placenta; and assisted vaginal delivery. l. Comprehensive Emergency Obstetric Care refers to basic emergency obstetric care plus two other signal functions: performance of caesarean section and blood transfusion. m. Maternal Death Review refers to a qualitative and in-depth study of the causes of maternal death with the primary purpose of preventing future deaths through changes or additions to programs, plans and policies. n. Skilled Attendant refers to an accredited health professional such as a licensed midwife, doctor or nurse who has adequate proficiency and the skills to manage normal (uncomplicated) pregnancies, childbirth and the immediate postnatal period, and in the identification, management and referral of complication in women and newborns. o. Skilled Attendance refers to childbirth managed by a skilled attendant under the enabling conditions of a functional emergency obstetric care and referral system. p. Development refers to a multi-dimensional process involving major changes in social structures, popular attitudes, and national institutions as well as the acceleration of economic growth, the reduction of inequality and the eradication of widespread poverty. q. Sustainable Human Development refers to the totality of the process of expending human choices by enabling people to enjoy long, healthy and productive lives, affording them access to resources needed for a decent standard of living and assuring continuity and acceleration of development by achieving a balance between and among a manageable population, adequate resources and a healthy environment. r. Population Development refers to a program that aims to: (1) help couples and parents achieve their desired family size; (2) improve reproductive health of individuals by addressing reproductive health problems; (3) contribute to decreased maternal and infant mortality rates and early child mortality; (4) reduce incidence of teenage pregnancy; and (5) enable government to achieve a balanced population distribution.

SEC. 5. The Commission on Population (POPCOM) Pursuant to the herein declared policy, the Commission on Population (POPCOM) shall serve as the central planning, coordinating, implementing and monitoring body for the comprehensive and integrated policy on reproductive health and population development. In the implementation of this policy, POPCOM, which shall be an attached agency of the Department of Health (DOH) shall have the following functions: a. To create an enabling environment for women and couples to make an informed choice regarding the family planning method that is best suited to their needs and personal convictions; b. To integrate on a continuing basis the interrelated reproductive health and population development agenda into a national policy, taking into account regional and local concerns; c. To provide the mechanism to ensure active and full participation of the private sector and the citizenry through their organizations in the planning and implementation of reproductive health care and population development programs and projects; d. To ensure peoples access to medically safe, legal, quality and affordable reproductive health goods and services; e. To facilitate the involvement and participation of non-government organizations and the private sector in reproductive health care service delivery and in the production, distribution and delivery of quality reproductive health and family planning supplies and commodities to make them accessible and affordable to ordinary citizens; f. To fully implement the Reproductive Health Care Program with the following components: (1) Reproductive health education including but not limited to counseling on the full range of legal and medically-safe family planning methods including surgical methods; (2) Maternal, peri-natal and post-natal education, care and services; (3) Promotion of breastfeeding; (4) Promotion of male involvement, participation and responsibility in reproductive health as well as other reproductive health concerns of men; (5) Prevention of abortion and management of post-abortion complications; and (6) Provision of information and services addressing the reproductive health needs of the poor, senior citizens, women in prostitution, differently-abled persons, and women and children in war AND crisis situations. g. To ensure that reproductive health services are delivered with a full range of supplies, facilities and equipment and that service providers are adequately trained for reproductive health care; h. To endeavor to furnish local Family Planning Offices with appropriate information and resources to keep the latter updated on current studies and research relating to family planning, responsible parenthood, breastfeeding and infant nutrition; i. To direct all public hospitals to make available to indigent mothers who deliver their children in these government hospitals, upon the mothers request, the procedure of ligation without cost to her; j. To recommend the enactment of legislation and adoption of executive measures that will strengthen and enhance the national policy on reproductive health and population development; k. To ensure a massive and sustained information drive on responsible parenthood and on all methods and techniques to prevent unwanted, unplanned and mistimed pregnancies, it shall release information bulletins on the same for nationwide circulation to all government departments, agencies and instrumentalities, non-government organizations and the private sector, schools, public and private libraries, tri-media outlets, workplaces, hospitals and concerned health institutions; l. To strengthen the capacities of health regulatory agencies to ensure safe, high-quality, accessible, and affordable reproductive health services and commodities with the concurrent strengthening and enforcement of regulatory mandates and mechanisms; m. To take active steps to expand the coverage of the National Health Insurance Program (NHIP), especially among poor and marginalized women, to include the full range of reproductive health services and supplies as health insurance benefits; and n. To perform such other functions necessary to attain the purposes of this Act. The membership of the Board of Commissioners of POPCOM shall consist of the heads of the following AGENCIES: 1. National Economic DevelopmentAuthority (VEDA) 2. Department of Health (DOH)

3. Department of Social Welfare and Development (DSWD) 4. Department of Labor and Employment (DOLE) 5. Department of Agriculture (DA) 6. Department of the Interior and Local Government (DILG) 7. Department of Education (DepEd) 8. Department of Environment and Natural Resources (DENR) 9. Commission on Higher Education (CHED) 10. University of the Philippines Population Institute (UPPI) 11. Union of Local Authorities of the Philippines (ULAFI) 12. National Anti-Poverty Commission (NAPQ 13. National Commission on the Role of Filipino Women (NCRFW) 14. National Youth Commission (NYC) In addition to the aforementioned members, there shall be three private sector representatives to the Board of Commissioners of POPCOM who shall come from NGOs. There shall be one (1) representative each from women, youth and health sectors who have a proven track record of involvement in the promotion of reproductive health. These representatives shall be nominated in a process determined by the above-mentioned sectors, and to be appointed by the President for a term of three (3) years. SEC. 6. Midwives for Skilled Attendance Every city and municipality shall endeavor to employ adequate number of midwives or other skilled attendants to achieve a minimum ratio of one (1) for every one hundred fifty (150) deliveries per year, to be based on the average annual number of actual deliveries or live births for the past two years. SEC. 7. Emergency Obstetric Care Each province. and city shall endeavor to ensure the establishment and operation of hospitals with adequate and qualified personnel that provide emergency obstetric care. For every 500,000 population, there shall be at least one (1) hospital for comprehensive emergency obstetric care and four (4) hospitals for basic emergency obstetric care. SEC. 8. Maternal Death Review All LGUs, national and local government hospitals, and other public health units shall conduct maternal death review in accordance with the guidelines to be issued by the DOH in consultation with the POPCOM. SEC. 9. Hospital-Based Family Planning Tubal ligation, vasectomy, intrauterine device insertion and other family planning methods requiring hospital services shall be available in all national and local government hospitals, except in specialty hospitals which may render such services on an optional basis. For indigent patients, such services shall be fully covered by PhilHealth insurance and/or government financial assistance. SEC. 10. Contraceptives as Essential Medicines Hormonal contraceptives, intrauterine devices, injectables and other allied reproductive health products and supplies shall be considered under the category ofessential medicines and supplies which shall form part of the National Drug Formulary and the same shall be included in the regular purchase of essential medicines and supplies of all national and local hospitals and other government health units. SEC. 11. Mobile Health Care Service Each Congressional District shall be provided with a van to be known as the Mobile Health Care Service (MHCS) to deliver health care goods and services to its constituents, more particularly to the poor and needy, as well as disseminate knowledge and information on reproductive health: Provided, That reproductive health education shall be conducted by competent and adequately trained persons preferably reproductive health care providers: Provided, further, That the full range of family planning methods, both natural and modern, shall be promoted. The acquisition, operation and maintenance of the MHCS shall be funded from the Priority Development Assistance Fund (PDAF) of each Congressional District. The MHCS shall be adequately equipped with a wide range of reproductive health care materials and information dissemination devices and equipment, the latter including but not limited to, a television set for audio-visual presentation. SEC. 12. Mandatory Age-Appropriate Reproductive Health Education

Recognizing the importance of reproductive health rights in empowering the youth and developing them into responsible adults, Reproductive Health Education in an age-appropriate manner shall be taught by adequately trained teachers starting from Grade 5 up to Fourth Year High School. In order to assure the prior training of teachers on reproductive health, the implementation of Reproductive Health Education shall commence at the start of the school year one year following the effectivity of this Act. The POPCOM, in coordination with the Department of Education, shall formulate the Reproductive Health Education curriculum, which shall be common to both public and private schools and shall include related population and development concepts in addition to the following subjects and standards: a. Reproductive health and sexual rights; b. Reproductive health care and services; c. Attitudes, beliefs and values on sexual development, sexual behavior and sexual health; d. Proscription and hazards of abortion and management of post-abortion complications; e. Responsible parenthood; f. Use and application of natural and modern family planning methods to promote reproductive health, achieve desired family size and prevent unwanted, unplanned and mistimed pregnancies; g. Abstinence before marriage; h. Prevention and treatment of HIV/AIDS and other, STIs/STDs, prostate cancer, breast cancer, cervical cancer and other gynecological disorders; i. Responsible sexuality; and j. Maternal, peri-natal and post-natal education, care and services. In support of the natural, and primary right of parents in the rearing of the youth, the POPCOM shall provide concerned parents with adequate and relevant scientific materials on the age-appropriate topics and manner of teaching reproductive health education to their children. In the elementary level, reproductive health education shall focus, among others, on values formation. Non-formal education programs shall likewise include the abovementioned Reproductive Health Education. SEC. 13. Additional Duty of Family Planning 0ffice Each local Family Planning Office shall furnish for free instructions and information on family planning, responsible parenthood, breastfeeding and infant nutrition to all applicants for marriage license. SEC. 14. Certificate of Compliance No marriage license shall be issued by the Local Civil Registrar unless the applicants present a Certificate of Compliance issued for free by the local Family Planning Office certifying that they had duly received adequate instructions and information on family planning, responsible parenthood, breastfeeding and infant nutrition. SEC. 15. Capability Building of Community-Based Volunteer Workers Community-based volunteer workers, like but not limited to, Barangay Health Workers, shall undergo additional and updated training on the delivery of reproductive health care services and shall receive not less than 10% increase in honoraria upon successful completion of training. The increase in honoraria shall be funded from the Gender and Development (GAD) budget of the National Economic and Development Authority (NEDA), Department of Health (DOH) and the Department of the Interior and Local Government (DILG). SEC. 16. Ideal Family Size The State shall assist couples, parents and individuals to achieve their desired family size within the context of responsible parenthood for sustainable development and encourage them to have two children as the ideal family size. Attaining the ideal family size is neither mandatory nor compulsory. No punitive action shall be imposed on parents having more than two children. SEC. 17. Employers Responsibilities Employers shall respect the reproductive health rights of all their workers. Women shall not be discriminated against in the matter of hiring, regularization of employment status or selection for retrenchment. All Collective Bargaining Agreements (CBAs) shall provide for the free delivery by the employer of reasonable quantity of reproductive health care services, supplies and devices to all workers, more particularly women workers. In establishments or enterprises where there are no CBAs or where the employees are unorganized, the employer shall have the same obligation.

SEC. 18. Support of Private and Non-government Health Care Service Providers Pursuant to Section 5(b) hereof, private reproductive health care service providers, including but not limited to gynecologists and obstetricians, are encouraged to join their colleagues in non-government organizations in rendering such services free of charge or at reduced professional fee rates to indigent and low income patients. SEC. 19. Multi-Media Campaign POPCOM shall initiate and sustain an intensified nationwide multi-media campaign to raise the level of public awareness on the urgent need to protect and promote reproductive health and rights. SEC. 20. Reporting Requirements Before the end of April of each year, the DOH shall submit an annual report to the President of the Philippines, the President of the Senate and the Speaker of the House of Representatives on a definitive and comprehensive assessment of the implementation of this Act and shall make the necessary recommendations for executive and legislative action. The report shall be posted in the website of DOH and printed copies shall be made available to all stakeholders. SEC. 21. Prohibited Acts The following acts are prohibited: a) Any health care service provider, whether public or private, who shall: 1. Knowingly withhold information or impede the dissemination thereof, and/or intentionally provide incorrect information regarding programs and services on reproductive health including the right to informed choice and access to a full range of legal, medically-safe and effective family planning methods; 2. Refuse to perform voluntary ligation and vasectomy and other legal and medically-safe reproductive health care services on any person of legal age on the ground of lack of spousal consent or authorization. 3. Refuse to provide reproductive health care services to an abused minor, whose abused condition is certified by the proper official or personnel of the Department of Social Welfare and Development (DSWD) or to duly DSWD-certified abused pregnant minor on whose case no parental consent is necessary. 4. Fail to provide, either deliberately or through gross or inexcusable negligence, reproductive health care services as mandated under this Act, the Local Government Code of 1991, the Labor Code, and Presidential Decree 79, as amended; and 5. Refuse to extend reproductive health care services and information on account of the patients civil status, gender or sexual orientation, age, religion, personal circumstances, and nature of work; Provided, That all conscientious objections of health care service providers based on religious grounds shall be respected:Provided, further, That the conscientious objector shall immediately refer the person seeking such care and services to another health care service provider within the same facility or one which is conveniently accessible: Provided, finally, That the patient is not in an emergency or serious case as defined in RA 8344 penalizing the refusal of hospitals and medical clinics to administer appropriate initial medical treatment and support in emergency and serious cases. b) Any public official who prohibits or restricts personally or through a subordinate the delivery of legal and medically-safe reproductive health care services, including family planning; c) Any employer who shall fail to comply with his obligation under Section 17 of this Act or an employer who requires a female applicant or employee, as a condition for employment or continued employment, to involuntarily undergo sterilization, tubal ligation or any other form of contraceptive method; d) Any person who shall falsify a certificate of compliance as required in Section 14 of this Act; and e) Any person who maliciously engages in disinformation about the intent or provisions of this Act. SEC. 22. Penalties The proper city or municipal court shall exercise jurisdiction over violations of this Act and the accused who is found guilty shall be sentenced to an imprisonment ranging from one (1) month to six (6) months or a fine ranging from Ten Thousand Pesos (P10,000.00) to Fifty Thousand Pesos (P50,000.00) or both such fine and imprisonment at the discretion of the court. If the offender is a juridical person, the penalty shall be imposed upon the president, treasurer, secretary or any responsible officer. An offender who is an alien shall, after service of sentence, be deported immediately without further proceedings by the Bureau of Immigration. An offender who is a public officer or employee shall suffer the accessory penalty of dismissal from the government service.

Violators of this Act shall be civilly liable to the offended party in such amount at the discretion of the proper court. SEC. 23. Appropriations The amounts appropriated in the current annual General Appropriations Act for reproductive health and family planning under the DOH and POPCOM together with ten percent (10%) of the Gender and Development (GAD) budgets of all government departments, agencies, bureaus, offices and instrumentalities funded in the annual General Appropriations Act in accordance with Republic Act No. 7192 (Women in Development and Nation-building Act) and Executive Order No. 273 (Philippine Plan for Gender Responsive Development 1995-2025) shall be allocated and utilized for the implementation of this Act. Such additional sums as may be necessary for the effective implementation of this Act shall be Included in the subsequent years General Appropriations Acts. SEC. 24. Implementing Rules and Regulations Within sixty (60) days from the effectivity of this Act, the Department of Health shall promulgate, after thorough consultation with the Commission on Population (POPCOM), the National Economic Development Authority (NEDA), concerned non-government organizations (NGOs) and known reproductive health advocates, the requisite implementing rules and regulations. SEC. 25. Separability Clause If any part, section or provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall remain in full force and effect. SEC. 26. Repealing Clause All laws, decrees, orders, issuances, rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. SEC. 27. Effectivity This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of national circulation. Approved, 14th Congress - Senate Bill 3122 The printable version with signatures of Senators can be downloaded here or at the Philippine Senate website (PDF, 690 KB). You may also click on the "Printer Friendly" link at the bottom of this page to see and/or print the whole bill as a single web page. We have exerted our best efforts to make the following full text a verbatim copy of S.B. No. 3122 from the official downloadable document. Kindly inform us of any error in this copy so we can make the appropriate correction. FOURTEENTH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES Second Regular Session SENATE S.B. NO. 3122 (In substitution of Senate Bill Nos. 40, 43, 187, 622, 1299 taking into consideration P.S. Res. No. 376) Prepared by the Committees on Health and Demography (Subcommittee on Reproductive Health); Youth, Women and Family Relations; Finance; Local Government and Ways and Means with Senators Biazon, Lacson, Ejercito Estrada, Santiago, Cayetano, P., Legarda, Angara, Madrigal, Aquino III as authors thereof. AN ACT PROVIDING FOR A NATIONAL POLICY ON REPRODUCTIVE HEALTH AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines assembled: SEC. 1. Title This Act shall be known as the ''The Reproductive Health and Population and Development Act of 2009." SEC. 2. Declaration of Policy It is hereby declared the policy of the State to recognize and guarantee: (a) the human rights of all persons including the right to equality and equity, the right to sustainable human development, the right to health which includes reproductive health, the right to education and the

right to choose and make decisions for themselves in accordance with their religious convictions, cultural beliefs, and the demands of responsible parenthood; and (b) the promotion of gender equality, equity and women's empowerment as a health and human rights concern. The advancement and protection of women's human rights shall be central to the efforts of the State to address reproductive health care. As a distinct but inseparable measure to the guarantee of women's human rights the State recognizes and guarantees the promotion of the welfare and rights of children. Toward these ends, the State shall guarantee universal access to information and education, and safe, affordable, quality and non-hazardous reproductive health care services. The State shall address and seek to eradicate discriminatory practices, laws and policies that infringe on a person's exercise of sexual and reproductive health and rights. SEC. 3. Guiding Principles This Act declares the following as guiding principles: a. Freedom of choice, which is central to the exercise of any right, must be fully guaranteed by the State like the right itself. b. The state shall guarantee the free exercise of religious belief in the enforcement of this Act. c. Since human resource is the principal asset of the country, effective reproductive health care services must be given primacy to ensure maternal health, birth of healthy children, their full human development, and the promotion of responsible parenting. d. The provision of medically-safe, accessible, affordable and quality reproductive health care services is essential in the promotion of people's right to health. e. The state will promote, without bias, all modern methods of family planning. f. The State shall endeavor to promote a program that aims to: (1) enable couples to have the number of children they desire with due consideration to the health, particularly women, and resources available to the family. (2) encourage equitable allocation and utilization of resources; (3) promote effective partnership among the national government; local government units and the private sector in the design, implementation, coordination, integration, monitoring and evaluation of peoplecentered programs towards quality of life and environmental protection; and (4) conduct studies to analyze demographic trends towards sustainable human development. g. Reproductive health must be the joint responsibility of the National Government and Local Government Units, h. Active participation by and thorough consultation with non-government organizations, communities and people's organizations is crucial to ensure that reproductive health and population and development policies, plans, and programs will address the priority needs of the poor, especially women. i. While nothing in this Act changes the law on abortion, as abortion remains a crime and is punishable, the government shall ensure that all women needing care for post-abortion complications shall be treated and counseled in a humane, non-judgmental and compassionate manner. SEC. 4. Definition of Terms For the purpose of this Act the following terms shall be defined as follows: 1. ''Adolescence'' refers to a life stage of people with age from 10 up to 19. 2. "Adolescent sexuality'' refers to, among others, the reproductive system, gender identity, values or beliefs, emotions, relationships and sexual behavior of young people as social beings. 3. ''Basic Emergency Obstetric Care'' refers to lifesaving services for maternal complications being provided by a health facility or professional, which must include the following six signal functions: administration of parenteral antibiotics; administration of parenteral oxytocic drugs; administration of parenteral anticonvulsants for pre-eclampsia and eclampsia; manual removal of placenta; removal of retained products; and assisted vaginal delivery. 4. ''Comprehensive Emergency Obstetric Care'' refers to basic emergency obstetric care plus two other signal functions: performance of caesarean SEC. and blood transfusion. 5. ''Employer'' includes any person acting in the interest of an employer, directly or indirectly. The term shall not include any labor organization or any of its officers or agents except when acting as an employer.

6. ''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 informed choice and access to a full range of safe and effective modern methods of preventing pregnancy. 7. ''Gender equality'' refers to the absence of discrimination on the basis of a person's sex, in opportunities, in the allocation of resources or benefits or in access to services. 8. "Gender equity'' refers to fairness and justice in the distribution of benefits and responsibilities between women and men, and often requires women-specific projects and programs to end existing inequalities. 9. "Healthcare Service Providers'' refers to (a) a health care institution, which is duly licensed and accredited and devoted primarily to the maintenance and operation of facilities for health promotion, 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; (b) a health care professional who is any doctor of medicine, nurse, or midwife; (c) public health workers engaged in the delivery of health care services; and (d) barangay health workers who has undergone training programs under any accredited government and non-government organization 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 guidelines promulgated by the Department of Health (DOH). 10. ''Male involvement and participation'' refers to the effort, commitment and joint responsibility of men with women in all areas of sexual and reproductive health, as well as the care of reproductive health concerns specific to men. 11. ''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. 12. ''Modern Methods of Family Planning'' refers to safe, effective and legal methods to prevent pregnancy such as the pill, intra-uterine device (IUD), injectables, condom, ligation, vasectomy, and modern natural family planning methods include mucus/billing/ovulation, lactational amenorrhea, basal body temperature and standard days method. 13. "Reproductive health'' 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 safe sex life, that they have the capability to reproduce and the freedom to decide if, when and how often to do so, provided that these are not against the law. This further implies that women and men attain equal relationships in matters related to sexual relations and reproduction. 14. ''Reproductive Health Care" refers to the access to a full range of methods, techniques, facilities and services that contribute to reproductive health and well being by preventing and solving 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: a. maternal, infant and child health and nutrition including breastfeeding b. family planning information and services; c. prevention and management of post-abortion complications; d. adolescent and youth reproductive health; e. prevention and management of reproductive tract infections (RTIs), HIV and AIDS and other sexually transmittable infections (STIs); f. elimination of violence against women; g. education and counseling on sexuality and sexual health; h. treatment of breast and reproductive tract cancers and other gynecological conditions and disorders. i. male involvement and participation in reproductive health; and j. prevention and treatment of infertility and sexual dysfunction 15. ''Reproductive Health Care program'' is the systematic, integrated provision of reproductive health care services to all citizens especially the poor, marginalized and those in vulnerable situations. 16. ''Reproductive tract infection (RTI)'' includes sexually transmitted infections, and other types of infections affecting the reproductive system.

17. ''Reproductive Health and Sexuality Education'' refers to the process of providing complete, accurate and relevant information on all matters relating to reproductive health. 18. "Reproductive rights" - the rights of individuals and couples, subject to applicable laws, to decide freely and responsibly the number, spacing and timing of their children; to make other decisions concerning reproduction free of discrimination, coercion and violence; to have the information and means to do so; and to attain the highest standard of sexual and reproductive health. 19. ''Skilled Attendant'' refers to accredited health professional such as a midwife, doctor or nurse who has been educated and trained to proficiency in the skills needed to manage normal or uncomplicated pregnancies, childbirth and the immediate postnatal period, and in the identification, management and referral of complications in women and newborns. Traditional Birth Attendants or traditional midwives-trained or not--are excluded from this category. 20. ''Skilled Birth Attendance'' refers to childbirth managed by a skilled attendant plus the enabling conditions of necessary equipment and support of a functioning health system, including transport and referral facilities for emergency obstetric care. 21. ''Sustainable Human Development'' refers to bringing people particularly the poor and vulnerable, at 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 creative lives, and done in a manner that protects the life opportunities of future generations and the natural ecosystem on which all life depends. SEC. 5. Midwives for Skilled Birth Attendance The Local Government Units (LGUs) with assistance of the Department of Health (DOH), shall deploy an adequate number of midwives to achieve a minimum ratio of one (1) fulltime skilled birth attendant for every one hundred fifty (150) deliveries per year, to be based on the annual number of actual deliveries or live births for the past two years. SEC. 6: Emergency Obstetric Care Each province and city shall ensure the establishment or upgrading of hospitals with adequate and qualified personnel, equipment and supplies to be able to provide emergency obstetric care. At the very least, for every 500,000 population there shall be at least one (1) hospital for comprehensive emergency obstetric care and four (4) hospitals for basic emergency obstetric care. SEC. 7. Surgical Family Planning Modern family planning methods requiring hospital services shall be available in all national and local government hospitals, except in specialty hospitals which may render such services on optional basis. For poor patients, such services shall be fully covered by PhilHealth Insurance and/or government financial assistance. After the use of any PhilHealth benefit involving childbirth and all other pregnancy-related service wherein the beneficiary wishes to space or prevent her next pregnancy, PhilHealth shall pay for the full cost of family planning for the next three (3) years. Provided, that the beneficiary retains her membership with PhilHealth. The benefit payments shall be channeled to appropriate local or national government health facilities. SEC. 8. Maternal Death Review All Local Government Units (LGUs), national and local government hospitals, and other public health units shall conduct annual maternal death review in accordance with the guidelines to be issued by the DOH. SEC. 9: Family Planning Supplies as Essential Medicines Hormonal contraceptives, intrauterine devices, injectables and other safe, effective and legal family planning products and supplies shall be included under the category of essential medicines and supplies which shall form part of the National Drug Formulary and the same shall be included in the regular purchase of essential medicines and supplies of all national and local hospitals and other government health units. SEC. 10. Procurement and Distribution of Family Planning Supplies The DOH shall spearhead the efficient procurement, distribution to LGUs and usage-monitoring of family planning supplies for the whole country. The DOH shall coordinate with all appropriate LGU 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; c. cost of family planning supplies; SEC. 11. Mobile Health Care Service Each Congressional District shall be provided with a van to be known as the Mobile Health Care Service (MHCS) to deliver health care goods and services to its constituents, more particularly to the poor and needy, as well as disseminate knowledge and information on reproductive health. The purchase of such vans shall be funded from the Priority Development Assistance Fund (PDAF) of each Congressional District. The subsequent operation and maintenance of the MHCS shall be subject to an agreement entered into between the district representative and the recipient province. The MHCS shall be adequately equipped with a wide range of reproductive health care materials and information dissemination devices and equipment, the latter including but not limited to a television set for audiovisual presentations. All MHCS shall be operated by LGUs of provinces and highly urbanized cities. SEC. 12. Mandatory Age-Appropriate Reproductive Health and Sexuality Education Reproductive Health and Sexuality Education in an age-appropriate manner shall be taught by adequately trained teachers starting from Grade 5 up to Fourth Year High School. Reproductive Health and Sexuality Education shall commence at the start of the school year immediately following one year from the effectivity of this Act. The Department of Education (DEPED) shall formulate the Sexuality Education curriculum, which shall be common to both public and private schools, based on but not limited to the following subjects: a. Knowledge and skills in self-protection against discrimination, sexual violence, sexual abuses, STIs, HIV and AIDS and teen pregnancy. b. Values formation c. Physical, Social and Emotional Changes in Adolescents d. Children and women's rights e. Fertility awareness f. Population and development education g. Responsible relationship h. Family planning methods i. Proscription and hazards of abortion j. Gender and development k. Responsible parenthood The DepEd shall provide concerned parents with adequate and relevant scientific materials on the ageappropriate topics and manner of teaching reproductive health education to their children. This shall be complementary to the parents' role in rearing their children. Non-formal education programs shall likewise include the above-mentioned Reproductive Health Education. SEC. 13. Capability Building of Barangay Health Workers Barangay Health Workers shall undergo training on the promotion of reproductive health and shall receive at least 10% increase in honoraria upon successful completion of training. The increase in honoraria shall be funded from the Gender and Development (GAD) budget of the Local Government Units. SEC. 14. Employers' Responsibilities The Department of Labor and Employment (DOLE) shall ensure that employers respect the reproductive rights of their workers. Employers with less than 200 workers shall enter into partnership with hospitals, health facilities, and or health professionals in their areas for the delivery of reproductive health services. All Collective Bargaining Agreements (CBAs) shall provide for the free delivery of reasonable reproductive health care services and devices to workers, more particularly the women. Employers shall also uphold the right of women to know work conditions which affect their health, particularly those related with their reproductive health. Employers shall furnish in writing the following information to women employees and applicants: a. The medical and health benefits which workers are entitled to, including maternity leave benefits and the availability of family planning services; b. The reproductive health hazards associated with work, including hazards that may affect their maternal functions;

c. The availability of facilities for women which are required under Presidential Decree No. 442, as amended, also known as the Labor Code, Article 132. SEC. 15. Multi-Media Campaign The DOH shall initiate and sustain a heightened nationwide multi-media campaign to raise the level of public awareness on the protection and promotion of reproductive health and rights including family planning and population and development. SEC. 16. Implementing mechanisms a. Pursuant to the herein declared policy, the DOH and the Local Health Units shall serve as the lead agency for the implementation of this Act and shall integrate in their regular operations the following functions: i. Fully and efficiently implement the Reproductive Health Care Program; ii. Ensure people's access to medically safe, legal, quality and affordable reproductive health goods and services; iii. Ensure that reproductive health services are delivered with a full range of supplies, facilities and equipment and that service providers are adequately trained for such reproductive health care delivery; v. Expand the coverage of the Philippine Health Insurance Corporation (PhilHealth), especially among poor and marginalized women, to include the full range of reproductive health services and supplies as health insurance benefits; v. 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; vi. Facilitate the involvement and participation of non-government organizations and the private sector in reproductive health care service delivery and in the production, distribution and delivery of quality reproductive health and family planning supplies and commodities to make them accessible and affordable to ordinary citizens; vii. Furnish local government units with appropriate information and resources to keep the latter updated on current studies and researches relating to family planning, responsible parenthood, breastfeeding and infant nutrition; and viii. Perform such other functions necessary to attain the purposes of this Act. b. The POPCOM, as an attached agency of DOH, shall serve as the coordinating body in the implementation of this Act and shall have the following functions: i. Integrate on a continuing basis the interrelated reproductive health and population development agenda into a national policy, taking into account regional and local concerns; ii. Provide the mechanism to ensure active and full participation of the private sector and the citizenry through their organizations in the planning and implementation of reproductive health care and population development programs and projects; iii. Conduct sustained and effective information drives on sustainable human development and on all methods of family planning to prevent unintended, unplanned and mistimed pregnancies. SEC. 17. Prohibited Acts The following acts are prohibited: a) Any healthcare 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 and effective family planning methods as well as the information required under Section 14 of this Act; 2. Refuse to perform legal and medically-safe reproductive healthcare and services on any person of legal age on the ground of lack of third party consent or authorization. In case of married persons the mutual consent of the spouses shall be required. However in case of disagreement, the decision of the one undergoing the procedure shall prevail. In the case of abused minors with parents and/or other family members as perpetrators as certified to by the Department of Social Welfare (DSWD) and Development and/or local social welfare offices, no prior parental consent shall be necessary; 3. Refuse to extend quality health care services and information on account of the person's marital status, gender, sexual orientation, age, religion, personal circumstances, or nature of work, provided that, the conscientious objection of a healthcare 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 healthcare 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 RA 8344 penalizing the refusal of hospitals and medical clinics to administer appropriate initial medical treatment and support in emergency and serious cases. b) Any public official with power and authority over any subordinate who shall prohibit or intentionally restrict provision of legal and medically-safe reproductive healthcare services, including family planning to such subordinate. c) Any employer who shall require or cause a female applicant for employment or an employee to submit herself to sterilization or any contraceptive method, as a condition for employment or continued employment. SEC. 18. Penalties Any violation of this act shall be penalized by imprisonment ranging from one (1) month to six (6) months or imposed a fine of Twenty Thousand Pesos (P20,000.00) or both such fine and imprisonment at the discretion of the court, provided that if the offender is a public official, s/he shall also be administratively liable. SEC. 19. Reporting Requirements Before the end of April each year, the DOH shall submit an annual report to the President and to the Congress of the Philippines. The report shall provide the Reproductive Health Program, a definitive and comprehensive assessment of the implementation of its programs and those of other Government agencies and instrumentalities, civil society and the private sector and recommend appropriate priorities for executive and legislative actions. The report shall be printed and distributed to all national agencies, the LGUs, civil society and the 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. SEC. 20. Appropriations The amounts appropriated in the current annual General Appropriations Act for reproductive health and family planning under the DOH and POPCOM shall be allocated and utilized for the implementation of this Act. Such additional sums necessary to provide for family planning commodity requirements as outlined in Sec. 9, and for other reproductive health services, shall be included in the subsequent years General Appropriations Acts. SEC. 21. Implementing Rules and Regulations Within thirty (30) days from the effectivity of this Act, the Department of Health, National Economic and Development Authority and Commission on Population shall jointly promulgate, after thorough consultation with health and national multi-sectoral non-government organizations, the rules and regulations for the effective implementation of this Act and shall ensure the full dissemination of the same to the public. SEC. 22. Separability Clause lf any part. SEC. or provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall remain in force and effect. SEC. 23. Repealing Clause All other laws, decrees orders, issuances, rules and regulations which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. SEC. 24. 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. Approved, 13th Congress - House Bill 16 (by Hon. Edcel C. Lagman) Download the pdf here (556 KB). Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon City, Metro Manila

THIRTEENTH CONGRESS FIRST REGULAR SESSION HOUSE BILL No. 16 Introduced by REPRESENTATIVE EDCEL C. LAGMAN AN ACT CREATING A REPRODUCTIVE HEALTH AND POPULATION MANAGEMENT COUNCIL FOR THE IMPLEMENTATION OF AN INTEGRATED POLICY ON REPRODUCTIVE HEALTH RELATIVE T0 SUSTAINABLE HUMAN DEVELOPMENT AND POPULATION MANAGEMENT, AND FOR OTHER PURPOSES SECTION 1. Short Title Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled: SECTION 1. Short Title. This Act shall be known as the "Reproductive HeaIth Act of 2004". SEC. 2. Declaration of Policy The State shall adopt an integrated and comprehensive policy on reproductive health in connection with sustainable human development and effective population management that values the dignity of every human person and affords full protection to people's rights. The State shall uphold the right of the people and their organizations to effective and reasonable participation in the formulation and implementation of the declared policy as its direct and ultimate beneficiaries. This policy is anchored on the rationale that sustainable human development is better assured with a manageable population of healthy, educated and productive citizens. The State likewise guarantees universal access to safe, affordable and quality reproductive health care services, methods and devices even as it prioritizes the needs of women and children, among other underprivileged sectors. SEC. 3. Guiding Principles This Act declares the following as basic guiding principles: a. Since manpower is the principal asset of every country, effective reproductive health care services must be given primacy to ensure the birth of healthy children and to promote responsible parenting. b. The limited resources of the country cannot be suffered to be spread so thinly to service a burgeoning multitude that makes the allocations grossly inadequate and effectively meaningless. c. Freedom of choice, which is central to the exercise of any right, must be fully guaranteed by the State like the right itself . d. While the number and spacing of children are left to the sound judgment of parents and couples based on their personal conviction and religious beliefs, such concerned parents and couples, including unmarred individuals, should be afforded free and full access to relevant, adequate and enlightening information on reproductive health and human sexuality and should be guided by qualified State workers and professional private practitioners. e. Reproductive health must be the joint concern of the National Government and Local Government Units. f. Protection and promotion of gender equality and women's rights are essential to the fulfillment of reproductive health rights. g. Development is a multi-faceted process that calls for the coordination and integration of policies, plans, programs and projects that seek to uplift the quality of life of the people, more particularly the poor, the needy and the marginalized. h. Active participation by and thorough consultation with concerned nongovernment groups, communities and people's organizations are imperative to ensure that basic policies, plans, programs and projects address the priority needs of beneficiaries. i. Respect for, protection and fulfillment of reproductive health rights seek to promote not only the rights and welfare of adult individuals and couples but those of adolescents' and children's as well. j. While the full range of family planning methods, techniques and devices shall be made available to couples and adults of reproductive age, abortion shall remain to be penalized under the Revised Penal Code and relevant jurisprudence. SEC. 4. Definition of Terms For purpose of this Act, the following terms shall be defined as follows:

a. Reproductive health - 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 its functions and processes. b. Reproductive health rights - the rights of individuals and couples, subject to applicable laws, to decide freely and responsibly the number, spacing and timing of their children; to make other decisions concerning reproduction free of discrimination, coercion and violence; to have the information and means to carry out their decisions; and to attain tie highest standard of sexual and reproductive health, c. Gender equality - the absence of discrimination on the basis of a person's sex, in opportunities, allocation of resources and benefits, and access to services. d. Gender equity - fairness and justice in the distribution of benefits and responsibilities between women and men, and often requires women-specific projects and programs to eliminate existing inequalities, inequities, policies and practices unfavorable to women. e. Reproductive Health Care - availability and access to a full range of methods, techniques and services that contribute to reproductive and sexual health and well-being by preventing and solving reproductive health-related problems in order to achieve enhancement of life and personal relations, The elements of reproductive health care include: 1. Maternal, infant and child health and nutrition; 2. Family planning information and services; 3. Prevention of abortion and management of post-abortion complications; 4. Adolescent and youth health; 5. Prevention and management of reproductive tract infections (RTIs), HIV/AIDS and other sexually transmittable infections (STIs); 6. Eliminatlon of violence against women; 7. Education and counseling on sexuality and sexual and reproductive health; 8. Treatment of breast and reproductive tract cancers and other gynecological conditions; 9. Male involvement and participation in reproductive health; 10. Prevention and treatment of infertility and sexual dysfunction; f. Responsible parenting - the will and the ability to respond to the needs and aspirations of the family and children. g. Family planning - 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 carry out their decisions, and to have informed choice and access to a full range of safe and effective family planning methods, techniques and devices, excluding abortion which is a crime. h. Adolescent sexuality - refers to the reproductive system, gender identity, values or beliefs, emotions, relationships and sexual behavior of young people as social beings. Adolescence refers to a life stage and pertains to people between the ages of ten (10) and nineteen (19). i. Reproductive health and sexuality education - is the process of acquiring complete, accurate and relevant information in all matters relating to the reproductive system, its functions and processes and human sexuality; and forming attitudes and beliefs about sex, sexual identity, interpersonal relationships, affection, intimacy and gender roles. It also includes developing the necessary skills to be able to distinguish between facts and myths on sex and sexuality; and critically evaluate and discuss the moral, religious, social and cultural dimensions of related sensitive issues such as contraception and abortion. j. Development - is a multi-dimensional process involving major changes in social structures, popular attitudes, and national institutions as well as the acceleration of economic growth, the reduction of inequality and the eradication of widespread poverty. k. Sustainable human development - the totality of the process of expanding human choices by enabling people to enjoy long, healthy and productive lives, affording them access to resources needed for a decent standard of living and assuring continuity and acceleration of development under the Population-Resource-Environment (PRE) framework which strikes a balance between population, adequate resources and healthy environment. i. Population management - a program that aims to: (a) encourage the limitation of the number of children to an affordable level of two (2) children per family; (b) attain an optimum fertility rate vis-a-vis equitable allocation and utilization of resources; (c) realize a balanced spatial distribution of the population by discouraging migration to urban centers and decongesting thickly populated areas;

(d) promote the effective partnership among the national government, local government units and the private sector in the design, implementation, coordination, integration, monitoring and evaluation of people-centered programs on population, development and environment; and (e) conduct studies on and provide incentives for the deceleration of population growth. SEC. 5. Reproductive Health and Population Management Council Pursuant to the herein declared policy, there is hereby constituted within thirty (30) days from the effectivity of this Act a multi-agency body to be known as the Reproductive Hea1th and Population Management Council, hereinafter referred to as the Council. It shall be composed of eighteen (18) members with the Secretary of the Department of Health (DOH) and the Director General of the National Economic and Development Authority (NEDA) as Co-Chairpersons and the following as members: a. Secretary of the Department of Social Welfare and Development (DSWD) b. Secretary of the Department of Education (DepEd) c. Secretary of the Department of Labor (DOLE) d. Secretary of the Department of the Interior and Local Government (DILG) e. Executive Director of the Commission on Population (PopCom) f. Chairman of the National Commission on the Role of Filipino Women (NCRFW) g. Chairperson of the National Youth Council (NYC) h. Chairperson of the Commission on Higher Education (CHED) i. Chairperson of the Housing and Urban Development Coordinating Council (HUDCC) j. Lead Convenor of the National Anti-Poverty Commission (NAPC) k. Three (3) representatives from the local government units nominated by the leagues of local government units and to be appointed by the President l. Three (3) representatives from nongovernment organizations: one (1) representative each from the women, youth and health sectors who have distinguished themselves in the promotion of reproductive health, human development and/or population management who shall be appointed by the President from a list of nominees independently selected by the concerned NGOs. As much as practicable, the Secretaries of the departments and heads of agencies constituting the Council shall attend personally the meetings of the Council. Separate staffs on reproductive health, human development and population management in charge of the implementation of this Act shall be constituted by the member departments and offices within their respective agencies. SEC. 6. Functions of the Council As the central advisory, planning and formulation body of the comprehensive and integrated policy on reproductive health relative to human development and population management, the Council shale have the following functions: a. To integrate on a continuing basis the interrelated reproductive health, human development and population management agenda into a national policy, taking into account regional and local concerns. b. To provide the mechanism to ensure active and full participation of the private sector and the citizens through their organizations in the planning and implementation of reproductive health care, population and development programs and projects. c. To ensure people's access to quality and affordable reproductive health goods and services. d. To facilitate the involvement and participation of nongovernment organizations and the private sector in reproductive health care service delivery and in the production, distribution and delivery of quality reproductive health and family planning supplies and commodities. e. To fully implement the Reproductive Hea1th Care Program with the following components: 1.) Reproductive and sexual health education including but not limited to counseling on the full range of legal and medically-safe family planning methods. 2.) Matemal, peri-natal and post-natal education, care and services. 3.) Promotion of male involvement, participation and responsibility in reproductive health as well as other reproductive health concerns of men. 4.) Prevention of abortion and management of post-abortion complications 5.) Provision of information and services addressing the reproductive health needs of the poor, senior citizens, women in prostitution, differently-abled persons, and women and children in war crisis situations.

f. To ensure that reproductive heath services are delivered with a full range of supplies, facilities and equipment and that service providers are adequately trained for reproductive health care. g. To recommend the enactment of legislation and adoption of executive measures that will strengthen and enhance the integrated policy on reproductive health, population and development. h. To hire and appoint personnel of the Secretariat and the Executive Director. i. To perform such other functions necessary to attain the purposes of this Act. SEC. 7. Secretariat The Council shall organize a Secretariat as its support and technical staff to be headed by an Executive Director, and shall determine their respective compensation, subject to applicable civil service laws, rules and regulations with a view to ensuring a competent and efficient secretariat: Provided, That nominees of nongovernment organizations shall be accorded preferential employment to ensure their active involvement and participation in all activities of the Council. SEC. 8. Qualifications, Power, Functions and Duties of the Executive Director The Executive Director of the Council shall have adequate experience in reproductive health, sustainable human development and population management and shall have the following powers, functions and duties: a. Execute, implement and enforce the policies, programs, projects, rules and regulations of the Council; b. Direct and supervise the operations and internal affairs of the Council; c. Establish the internal organization and administrative procedures of the Council, recommend to the Council the appointment of the necessary administrative and subordinate personnel; and d. Exercise such other powers and functions and perform such duties as are not specifically lodged in the Council. SEC. 9. Internal Revenue Allotment (IRA) for Reproductive Health Fifty (50%) percent out of the 20% Internal Revenue Allotment (IRA) share of local government units (LGUs) which they are mandated to provide for local development projects under Section 287 of the "Local Government Code of 1991" (RA No. 7160) shall be appropriated by each LGU for reproductive health care services. The appropriation for reproductive health care services shall be included in the annual budget of LGUS effective Fiscal Year 2005. No local budget shall be approved without the requisite appropriation for reproductive health care services. Copies of the development plans of local government units shall be furnished the Department of Interior and Local Government and the Council. SEC. 10. Mobile Health Care Service Each Congressional District shall be provided with a van to be known as the Mobile Health Care Service (MHCS) to deliver health care goods and services to its constituents, more particularly to the poor and needy, as well as disseminate knowledge and information on reproductive health: Provided, That reproductive health education shall be conducted by competent and adequately trained persons preferably reproductive health care providers: Provided, further, That the full range of family planning methods, both natural/traditional and modern, shall be taught. The operation and maintenance of the MHCS shall be funded from the Priority Development Assistance Fund (PDAF) of each Congressional District. The MHCS shall be adequately equipped with a wide range of reproductive health care materials and information dissemination devices and equipment, the latter including but not limited to, a television set for audio-visual presentation. SEC. 11. Mandatory Reproductive Health and Sexuality Education Reproductive Health and Sexuality Education in an age-appropriate manner shall be taught by adequately trained teachers starting from Grade 5 up to Fourth Year High School. Reproductive Health and Sexuality Education shall commence at the start of the school year immediately following one year effectivity of this Act. The Council shall formulate the Sexuality Education curriculum, which shall be common to both public and private schools, based on the following subjects and standards: a. Reproductive health b. Reproductive health care and services c. Attitudes, beliefs and values on sexual development, sexual behavior and sexual health

d. Proscription and hazards of abortion e. Family planning and the number and spacing of children f. Natural/traditional methods to prevent unwanted, unplanned and mistimed pregnancy g. Use of modern contraceptive devices h. Abstinence before marriage; i. Prevention and treatment of HIV/AIDS and other STIs/STDs j. Safe sex SEC. 12. Capability Building of Barangay Health Workers Barangay Health Workers shall undergo retraining on the delivery of reproductive health care services and shall receive a 10% increase in honoraria upon successful completion of training. SEC. 13. Ideal Family Size In order to attain the desired population growth rate, the State shall encourage two (2) children as the ideal family size. Children from these families shall have preference in the grant of scholarships at the tertiary level. SEC. 14. Incentives for the Manufacture/Importation of Reproductive Health Care Commodities Local manufacturers of family planning devices and related reproductive health commodities shall enjoy personal and corporate income tax exemptions for three (3) years from the start of operation or for three (3) years from the effectivity of this Act. They shall have access to low interest bearing and concessionary capital loans from government banks. Importation of such devices and commodities, not locally manufactured, shall be levied reduced tariffs. SEC. 15. Employers Responsibilities Employers shall respect the reproductive health rights of their workers. Women shall not be discriminated against in the matter of hiring, regularization of employment status or selection for retrenchment. All Collective Bargaining Agreements (CBAs) shall provide for the free delivery of reasonable reproductive health care services and devices to the workers, more particularly the women. SEC. 16. Private Practitioners' Support Pursuant to Section 5 (b) hereof, private reproductive health care service providers, including but not limited to gynecologists and obstetricians, shall endeavor to render such services free of charge or at reduced professional fee rates to indigent and low income patients. SEC. 17. Multi-Media Campaign The Council shall initiate and sustain a heightened nationwide multi-media campaign to raise the level of public awareness of the urgent need to protect and promote reproductive health care and rights relative to human development and population management. SEC. 18. Tax-Deductible Donations All donations to the Council for the implementation of this Act shall be deductible to its full amount from the net personal or corporate income due from the donor. SEC. 19. 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 and effective family planning methods; 2. Refuse to perform voluntary sterilization and ligation and other legal and medically-safe reproductive health care services on any person of legal age on the ground of lack of third party consent or authorization: Provided, That in the case of abused minors as certified to by the Department of Social Welfare and Development, and pregnant minors, no prior parental consent shall be necessary; 3. Fail or cause to fail deliberately, or through gross negligence, or inexcusable neglect, the delivery of reproductive health care services as mandated under this Act, the Local Government Code of 1991, the Labor Code, and Presidential Decree 79, as amended; and 4. Refuse to extend quality health care services and information on account of the provider's marital status, gender or sexual orientation, age, religion, personal circumstances, and nature of work: Provided, That all conscientious objections of health care service providers based on ethical and religious grounds shall be respected: Provided, however, That the conscientious objector shall immediately refer the person seeking such care and services to another health care service provider within the same facility or one

which is conveniently accessible: Provided, finally That the person is not in an emergency condition or serious case as defined in RA 8344 penalizing the refusal of hospitals and medical clinics to administer appropriate initial medical treatment and support in emergency and serious cases. b) Any public official at both the national and local levels with power and authority over any subordinate who shall prohibit or intentionally restrict the delivery of legal and medically-safe reproductive health care services, including family planning. c) Any employer who shall require or cause a female applicant for employment or an employee to involuntarily submit herself to sterilization or any contraceptive method, including but not limited to injection of depo provera as a condition for employment or continued employment. d) Any person who shall engage in willful disinformation with respect to reproductive health care and rights or the provisions of this Act or cause such disinformation. SEC. 20. Penalties Any violation of this Act shall be penalized by imprisonment ranging from one (1) month to six (6) months or a fine of Twenty Thousand Pesos (P20,000.00) or both such fine and imprisonment at the discretion of the proper court. If the offender is a juridical person, the penalty shall be imposed upon the President, Treasurer, Secretary or any person or officer responsible for the violation. lf the offender is an alien, he/she shall, after service of sentence, be deported immediately without further proceedings in the Bureau of Immigration. lf the offender is a public officer or employee, the Court shall, in addition to the penalties hereinabove provided, order his/her dismissal from the government service. SEC. 21. Implementing Rules and Regulations Within thirty (30) days from the effectivity of this Act, the Department of Health, National Economic and Development Authority and Commission on Population shall jointly promulgate, after thorough consultation with health and national multi-sectoral nongovernment organizations, the rules and regulations for the effective implementation of this Act and shall ensure the full dissemination of the same to the public. SEC. 22. Bicameral Congressional Oversight Committee A Bicameral Congressional Oversight Committee is hereby created to regularly monitor and assess the implementation of this Act. The Committee shall be composed of six (6) members of the Senate and six (6) members of the House of Representatives who are active members of the Philippine Legislators' Committee on Population and Development (PLCPD) to be designated by the Senate President and the Speaker of the House of Representatives, respectively: Provided, That two (2) of the six (6) members coming from each Chamber shall represent the minority as designated by the respective minority leaders. SEC. 23. Appropriations The amount of P100 million is initially appropriated to carry out the provisions this Act. Thereafter, such sums as may be necessary for the effective implementation of this Act shall be included in the annual General Appropriations Act. SEC. 24. Separability Clause If any part, section or provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall remain in full force and effect. SEC. 25. Repealing Clause All other laws, decrees, orders, issuances, rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. SEC. 26. Effectivity This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of national circulation. Approved, 13th Congress - Senate Bill 1280 (Sen. Rodolfo G. Biazon) Downdload the pdf here (668 KB). 12th Congress - House Bill 4110 INTRODUCED BY HONORABLE BELLAFLOR J. ANGARA-CASTILLO, DARLENE R. ANTONINOCUSTODIO, CIELO KRISEL LAGMAN-LUISTRO, LORETTA ANN P. ROSALES, CARLOS M. PADILLA, GILBERT C. REMULLA, NERISSA CORAZON SOON-RUIZ, LIZA L. MAZA, JR. NEREUS 0. ACOSTA, JOSEFINA M. JOSON, EMILIO C. MACIAS II, ANTONIO P. ALAPAHA JR., FILOMENA S. SAN JUAN,

GABRIELLE V. CALIZO, ROZZANO RUFINO B. BIAZON, CYNTHIA A. VILLAR, ANTONIO M. ABABA, EDELMIRO A. AMANTE, AGAPITO A. AQUINO, ROSELLER L. BARINAGA, LUIS P. BERSAMIN JR., CARMEN L. CARI, FAYSAH MANIRI-RACMAN DUMARPA, MICHAEL JOHN R. DUAVIT, EDGAR ERICE, CONRADO M. ESTRELLA III, CELIA TAGANAS LAYUS, MA. VICTORIA L. LOCSIN, ALFREDO G. MARANON JR., ANTONIO EDUARDO B. NACHURA, ARTHUR Y. PINGOY JR., MONICO 0. PUENTEVELLA, EDWIN C. UY, WILFRIDO B. VILLARAMA AND JOSE CARLOS V. LACSON SEC. 1. Title AN ACT ESTABLISHING A REPRODUCTIVE HEALTH CARE ACT, STRENGTHENING ITS IMPLEMENTING STRUCTURES, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SEC. 1. Title. This Act shall be known as "The Reproductive Health Care Agenda Act of 2001". SEC. 2. Declaration of Principles The state recognizes and guarantees the human rights of all persons that include, the right to equality and equity, the right to development, the right to reproductive health, the right to education and the right to choose and make decisions for themselves. The state shall ensure the universal access to reproductive health, services, information and education. The advancement and protection of women's human rights shall be central to the State's efforts to address reproductive health care. It shall promote gender equality, equity and women's empowerment as a health and human rights concern. The empowerment and autonomy of women and the improvement of their political, social, economic, and health status is imperative. The state shall positively address and seek to eradicate discriminatory practices and laws and policies, including but not limited to, gender inequality and inequity, and violence against women which infringe on a person's exercise of sexual and reproductive rights. SEC. 3. Definition of Terms For the purpose of this Act, the following terms shall be defined as follows: a. Gender equality - the absence of discrimination, on the basis of a person's sex, in opportunities, in the allocation of resources or benefits, or in access to services. b. Gender equity - 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. c. Reproductive rights - are the rights of individuals and couples to: 1) Decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so; 2) Make decisions about reproductive health free of discrimination, coercion and violence. d. Reproductive health - is the state of complete physical, mental and social well-being and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and to its functions and processes. This implies that people are able to have a satisfying and safe sex life and that they have the capability to reproduce and the freedom to decide if, when and how often to do so. Implicit in this last condition are the right of men and women to be informed and to have access to safe, effective, affordable and acceptable methods of family planning of their choice, as well as other methods of their choice for regulation of fertility and the right of access to appropriate health-care services that will enable women to go safely through pregnancy and childbirth and provide individuals and couples with the best chance of having a healthy infant. e. Reproductive Health Care - is the constellation of methods, techniques and services that contribute to reproductive health and well being by preventing & solving reproductive health-related problems. The services includes Family Planning (FP), Maternal & Child Health and Nutrition (MCHN), Prevention & Management of Abortion and its Complications (PMAC), Prevention and Management of Reproductive Tract Infections (RTIs), Education and Counseling on Sexuality and Sexual Health, Breast & Reproductive Tract Cancers & other Gynecological Conditions, Men's Reproductive Health, Adolescent & Youth Health, Violence Against Women & Children, Prevention & Treatment of Infertility & Sexual Dysfunction. f. Responsible parenthood - the will and the ability to respond to the needs and aspirations of the family and children.

g. Adolescent sexuality - refers to the reproductive system, gender identity, values or beliefs, emotions, relationships and sexual behavior of young people as social beings. The term especially the subjective elements (values, beliefs and emotions) should be seen from the perspective of young people to become meaningful. Adolescence pertains to people aged between 13-24. h. Family planning - a process by which couples, guided by the demands of responsible parenthood, and/or by their personal, religious, social or cultural beliefs, decide freely and responsibly the number, spacing and timing of their children based on their physical, mental and emotional capacities as well as their present or potential resources. i. Male involvement - refers to men's commitment and joint responsibility with women in all areas of sexual and reproductive health. j. Civil society - is the conglomeration of all the non-profit, non-government and voluntary organizations addressing the general issues and welfare of the people. Civil society constitutes a viewpoint of development that gives primary consideration to people empowerment, respect for culture, gender equity, and environmental protection. The civil society perspective encompasses the interest of the following sectors: families, farmers, workers, urban poor, women, indigenous communities, youth and students, media, the academic institutions, civic organizations, the various churches, non-governmental organizations (NGOs), and peoples organizations (POs). k. Private Sector - refers to all individual corporations, companies, enterprises, and including their business organizations and chambers, which are operating profit and are also assisting in the implementation of population and development the state as part of their service to their employees and/or in the performance of their social responsibility. SEC. 4. Reproductive Health Care Agenda Framework The Integrated Reproductive Health Care Agenda shall create an enabling environment wherein an integrated reproductive health care policy and program become positive instruments for the realization of a. The sexual and reproductive health and rights of all individuals and couples including: 1) the reproductive health and rights of all individuals and couples to decide freely and responsibly the number, spacing and timing of their children; 2) the right to make decisions concerning reproduction free of discrimination, coercion and violence; 3) the universal access to a full range of safe, high quality, accessible, and affordable sexual and reproductive health services and products to all individuals and couples; 4) the universal access to sexual and reproductive health information and education; b. The attainment of gender equality, equity and women's empowerment in society; and c. The promotion of the welfare and rights of the child. SEC. 5. Reproductive Health Care Program a. Elements of Reproductive Health. The following are the priority health care services identified as the Ten Elements of RH: 1) Family Planning (FP) 2) Maternal & Child Health and Nutrition (MCHN) 3) Prevention & Management of Abortion and its Complications (PMAC), 4) Prevention and Management of Reproductive Tract Infections (RTIs) 5) Education and Counseling on Sexuality and Sexual Health 6) Breast & Reproductive Tract Cancers & other Gynecological Conditions 7) Men's Reproductive Health 8) Adolescent & Youth Health 9) Violence Against Women & Children 10) Prevention & Treatment of Infertility & Sexual Dysfunction. b. Implementing Mechanism. The DOH shall be the lead implementing agency to implement the Reproductive Health Care Agenda. The DOH shall convene the National RH Management Committee (NRHMC) whose members shall include representatives from the Commission on Population (POPCOM), the Department of Interior and Local Government (DILG), and the National Commission on the Role of Filipino Women (NCRFW). Other agencies such as the Human Health Resource Development Institute, Bureau of Local Health Development, National Epidemiology Center, Health Policy and Planning Institute, Bureau of Health Facilities and Services, Center for Health Promotion, and Philippine Health Insurance Corporation (PHIC) shall provide the necessary support services.

c. Functions. The DOH-led NRHMC shall: 1) Come out with an Integrated National Policy and Program on Reproductive Health that shall be implemented in the DOH-retained hospitals, the local government unitmanaged health facilities, other government organizations, private sectors and NGOs; 2) Review national and local laws and policies that infringe on the rights of all individuals and couples from access to their sexual and reproductive health and rights and take the necessary efforts to amend and repeal such laws and policies. Particularly, the review of laws and policies shall include the following areas: a. population, reproductive health, and family planning; b. contraception; c. abortion; d. HIV/AIDS and other sexually transmissible infections; e. Harmful traditional practices affecting reproductive health; f. Rape and other sexual violence, g. Marriage and family law; and h. Reproductive rights of adolescents. 3) Strengthen the capacities of health regulatory agencies to ensure safe, high quality, accessible, and affordable reproductive health services and products with the concurrent strengthening and enforcement of regulatory mandates and mechanisms; 4) Take active steps to push for the expansion of the coverage of the National Health Insurance Program (NHIP) to extend protection to a wider population especially the poor and to cover the full range of sexual and reproductive health services and products as health insurance benefits. d. Service Delivery. In implementing the Reproductive Health Agenda, the following should be ensured: 1) Enabling Environment for Women's Sexual and Reproductive Health and Rights. a. The implementation of a comprehensive national strategy to promote women's right to health, including their reproductive health, recognizing that health is more than the absence of disease, but encompasses the physical, mental and social well-being of an individual throughout the entire life cycle; b. The elimination of discrimination against women in the field of health care in order to promote equal access to health care services and information; c. The undertaking of programs and services towards educating women of their reproductive rights; d. The increase of women's access throughout the life cycle to appropriate, affordable and quality health care, information and related services; e. Take all appropriate measures to promote, research and disseminate information on women's health 2) Broad Reproductive Health Care. The provision of broad reproductive health care needs, including a. Family planning counseling, information and education regardless of marital status and age; b. The full range of family planning methods both natural family planning and modem contraceptive methods (e.g., condoms, vaginal barrier methods, oral contraceptives, implants, intrauterine devices, male and female voluntary sterilization, and emergency contraception (EC). c. Prenatal care, safe delivery and postnatal care services and education; d. Prevention and appropriate treatment of infertility; e. Prevention and management of consequences of abortion; f. Treatment of reproductive tract infections, HIV/AIDS and other STIs, and breast cancer; g. Active discouragement of female circumcision/female genital mutilation and other harmful traditional practices; and h. Education and information on human sexuality and responsible parenthood 3) Population, reproductive health, and family planning a. The equitable distribution of resources and facilities to implement all aspects of reproductive rights; b. The principle of free and informed. consent and choice, non-coercion, confidentiality, privacy, nondiscrimination and quality of care shall always be present in the policies and programs and its implementation; c. The removal of unnecessary legal, medical, clinical and regulatory obstacles to information on and access to reproductive health services, including family planning;

d. The development of policies and programs aimed at effecting significant reductions in maternal, infant and child mortality; 4) Contraception a. The elimination of restrictions on contraception including excessive regulation, requirements for thirdparty authorizations, and prohibitions on the dissemination of information regarding contraceptives; b. Access to the full range of contraceptive methods, as well as accurate information on the relative benefits and risks of each method; c. The regulation of quality of contraceptive methods and implement appropriate safeguards for efficacy, safety, and full, informed consent by the users; 5) Adolescents a. The removal of all legal and regulatory barriers to reproductive health care for adolescents and create comprehensive, age-specific health programs for them as part of the country's overall health policy. The services should include information and services addressing reproductive health, STIs, gender roles, sexuality and responsible use of contraceptives; b. Also, there must be: i) the universal access to contraception and maternal health care, including pre- and post-natal care for pregnant adolescents, regardless of marital status; ii) services geared specifically towards the special reproductive health needs of adolescents; iii) sex education and life-skills programs for all levels of education -- primary, secondary and tertiary. The policies must reflect the special needs of marginalized adolescents, such as street children and out-ofschool youth; iv) education campaigns for STI and HIV/AIDS-prevention specifically aimed at adolescents; v) programs to sensitize the community, including health care providers and law enforcement officials, regarding the need to protect the girl child and and adolescents against all forms of sexual violence, including rape, incest, prostitution and trafficking; and c. The provision of special attention to reducing the incidence of teen-age pregnancy and other adolescent reproductive health problems; SEC. 5. Education and Information a. Sexual and Reproductive Health and Rights Education in Schools. The Department of Education (DEPED), the Commission on Higher Education (CHED), and the Technical Education and Skill Development Authority (TESDA), using information provided by the Department of Health, hall require the integration instruction on sexual and reproductive health and rights in the curriculum in public and private schools at intermediate grades, secondary and tertiary levels, including non-formal and indigenous learning systems. b. Sexual and Reproductive Health and Rights Education in the Workplace. The Civil Service Commission (CSC) and the Department of Labor and Employment (DOLE) shall ensure that all government and private institutions shall conduct education and informational campaigns for their employees, workers, managers, and supervisors on sexual and reproductive health and rights. c. Sexual and Reproductive Health and Rights Education in the Communities. Local governments units, in collaboration with the Department of Health and the Department of Interior and Local Governance, shall conduct educational and information campaigns in their respective local government units. The provincial governor, city and municipal mayors and the barangay captain shall coordinate such campaign among concerned government agencies, and non-government organizations. SEC. 6. Support a. The State recognizes that civil society, in general, and women's organizations in particular, have made and are increasingly providing essential contributions to sexual and reproductive health and rights-related programs, projects and activities at all levels and are also engaged in the planning and implementation of more innovative, flexible and responsive programs with grassroots participation. This Act shall provide the means for a stronger and more effective partnership by government agencies with civil society at all levels and the necessary support so that they could expand their work more effectively among the citizenry. b. The State recognizes that the private sector plays an important role in social and economic development that includes the production and delivery of reproductive health care services and commodities. This Act shall provide the means to promote private sector role in service delivery and in the

production, distribution and delivery of high-quality reproductive health and family-planning commodities that are accessible and affordable to ordinary citizens, c. The State recognizes the essential role that the various leagues play as an alternative forum by which local government units can participate in governance. The various Leagues shall provide an alternative representation of all the Local Government Units, apart from those that are already defined under the Local Government Code, in the crafting of policies, and in the development of programs and projects in pursuit of the Reproductive Health Care Agenda. SEC. 7. Discriminatory Acts and Policies Any restriction on dissemination of information regarding contraception including requirements for thirdparty authorizations in voluntary sterilizations and other voluntary sexual and reproductive health procedure is considered discrimination against the exercise of one's sexual and reproductive rights and is thus punishable punishable by imprisonment of one month to six months and/or a fine of twenty thousand pesos (P20,000.00). SEC. 8. Reporting Requirements Before the end of April each year, the DOH shall submit an annual report to the President of the Philippines. The report shall provide a definitive and comprehensive assessment of the implementation of its programs and those of other Government agencies and instrumentalities, civil society and the private sector and recommend appropriate priorities for executive and legislative actions. The report shall be printed and distributed to all national agencies, the LGUs, civil society and the private sector involved in said programs. The annual report shall evaluate the content, implementation, and impact of all policies related to population, reproductive health, and family planning to ensure such policies promote, protect and fulfill women's reproductive rights. SEC. 7. Appropriation The Department and LGUs, through its implementing units, shall endeavor to disburse all appropriated funds based on the set benchmarks; Furthermore, 20% of funds currently allocated to the National Health Insurance Program shall be used to support the policies and objectives under this Act. Subsequent appropriations shall be provided by Congress in the Annual budget of the Department of Health under the General Appropriations Act. SEC. 8. Separability Clause If any part, section or provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall remain in force and effect. SEC. 9. Repealing Clause Republic Act No. 6365 dated 06 August 1971, Presidential Decree No. 79 dated 8 December 1972, Presidential Decrees No. 1204 dated 29 September 1977, Executive Order No. 160 dated 13 April 1977, Executive Order No. 408 dated 18 June 1990, Executive Order No.32 dated 31 October 1992 and all other laws, decrees, orders, issuances, rules and regulations which are inconsistent with the provisions of this Act are hereby repeated, amended or modified accordingly. SEC. 10. 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. Approved, 11th Congress - House Bill 8110 SEC. 1. Title Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon City First Regular Session ELEVENTH CONGRESS HOUSE BILL NO. 8110 INTRODUCED BY REPRESENTATIVES ANTONINO, COJUANGCO, ANGARA-CASTILLO, ACOSTA, LAGMAN-LUISTRO, AND YOTOKO-VILLANUEVA

AN ACT ESTABLISHING AN INTEGRATED POPULATION AND DEVELOPMENT POLICY STRENGTHENING ITS IMPLEMENTING STRUCTURES AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SEC. 1. Title. This Act shall be known as the "Integrated Population and Development Act of 1999". SEC. 2. Declaration of Policy and Objectives The State recognizes that there exists an interdependence between population, development and environment. At the core of this recognition is the existence of many opportunities for human development and the improvement of the quality of life and well-being of every citizen of the country. It is, therefore, the policy of the State to pursue and promote the human development of all Filipinos by recognizing the interrelationships between population and development policies and programs aiming to achieve poverty eradication, sustained economic growth in the context of sustainable development, education especially for girls, gender equality and equity, infant, child and maternal mortality reduction, the provision of universal access to reproductive health services, including family planning and sexual health, sustainable patterns of consumption and production, food security, human resources development and the guarantee of all human rights, including the right to development as a universal and inalienable right and an integral part of fundamental human rights. Basic to this policy is the empowerment of women and the elimination of all social, cultural, political and economic inequalities and discrimination against them as a prerequisite of eradicating poverty and promoting sustainable economic growth in the context of sustainable development. In furtherance of the above declared principles and policy, the State hereby adopts the following as its integrated and interrelated objectives: a. To fully integrate population concerns into development strategies, planning, decision-making and resource allocation at all levels; b. To reduce both unsustainable consumption and production patterns as well as negative impacts of demographic factors on the environment in order to meet the needs of current generations without compromising the ability of future generations to meet their own needs; c. To achieve equality and equity based on harmonious partnership between men and women and ensure the enhancement of women's contributions to sustainable development through their full involvement in policy- and decision-making processes at all stages and their participation in all aspects of production, employment, income-generating activities, politics, governance, education, health, science and technology, sports, culture and other activities as active decision-makers, participants and beneficiaries; d. To achieve universal access to quality education, with particular priority being given to providing primary and technical education and job training, combating illiteracy, eliminating gender disparities in access to, retention in, and support for, education and improving the content of the curriculum so as to promote awareness on the interrelationship between population and sustainable development; e. To support the family, contribute to its stability, promote equality of rights and opportunity for family members, especially of women and children, and take into account its plurality of forms, particularly the growing number of single parent households; f. To support the basic right of couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the means to do so, and the right to attain the highest possible standard of sexual and reproductive health; g. To promote women's health and improve their nutritional status throughout their complete life cycle; h. To foster a more balanced spatial distribution of the population and reduce the role of the various push factors as they relate to migration flows by promoting in an integrated manner the equitable and ecologically sustainable development of major sending and receiving areas, with particular emphasis on the promotion of economic, social and gender equity; i. To promote an effective partnership at all levels between the Government, the private sector and the civil society including non-governmental organizations and local community groups, in the discussion and decisions on the design, implementation, coordination, monitoring and evaluation of programs relating to population, development and environment; j. To promote to the fullest extent the health, well-being and potential of all children, adolescents and youth and meet the special need of adolescents and youth, especially young women, with due regard for their own creative capabilities, for social, family and community support,

employment opportunities, political participation, and access to education, health, counseling and high-quality services in sexual and reproductive health care; k. To incorporate the perspectives and needs of indigenous communities, the elderly and persons with disabilities into the design, implementation, monitoring and evaluation of population, development and environment programs that affect them and create conditions for their self-reliance, and availment of quality health care services; l. To eliminate all forms of discrimination against the girl-child and improve her welfare, especially in regard to her health, nutrition and education; m. To promote positive male role models that facilitate boys to become gender-sensitive adults and enable men to support and actualize male responsibility and respect for women's sexual and reproductive health and rights; n. To ensure that a full range of basic health and reproductive health care information and services, including those that provide and promote safe motherhood, family planning, responsible sexual behavior to avoid unwanted pregnancy and abortion, or seek the prevention and treatment of sexually transmitted diseases (STDs), HIV/AIDS and the resulting infertility associated with HIV/AIDS, urinary tract infections and other gynecological disorders associated with woman's health, and other services aimed at reducing and preventing violence against women, are accessible, affordable, acceptable and convenient to all, especially to the poor, women and adolescents; o. To address the root causes of migration, including international migration, and the trafficking in women and children; p. To give greater attention to population trends of the country in order to complement its demographic transition towards eventual population stabilization, in order to correct the gap between the demographic rate and economic and environmental goals, while fully respecting human rights; q. To establish a factual basis for understanding and anticipating the interrelationships of population and socio-economic, and environmental variables, and strengthen Government capacity to seek new information, conduct studies and researches, including studies on reproductive technologies currently in use, and meet the need for basic data collection, analysis and dissemination, giving particular attention to information classified by age, sex, ethnicity and different geographical units, in order to use the findings in the formulation, implementation, monitoring and evaluation of over-all sustainable population and development strategies; r. To achieve an adequate level of resource mobilization and allocation for the population program and for other related programs. SEC. 3. Definition of Terms For the purpose of this Act, the following terms shall be defined as follows: a. Empowerment accordance of the ability, means and opportunity to fully participate, without discrimination, in decisions and action pertaining to reproductive health and rights and the attainment of a productive life b. Sustainable development a conceptual framework to ensure that people meet their needs and aspirations without compromising the ability of the future generations to meet their own needs. c. Primary health care essential health care based on practical, scientifically sound and socially acceptable methods and technology made universally accessible to individuals and families in the community through their full participation and at a cost that the community and country can afford to maintain at every stage of their development in the spirit of self- reliance and self-determination. d. Life cycle the series of change a person undergoes in his development from birth to death. e. Gender equality refers to the same status, rights and responsibilities for all women and men and their equal rights for equal treatment. f. Gender equity calls for the differential treatment of groups in order to end inequality and foster autonomy.

g. Reproductive rights basic rights of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so, and the right to attain the highest standard of sexual and reproductive health. h. Reproductive health a state of complete physical, mental and social well being and not merely the absence of disease or infirmity, all matters relating to the reproductive system from womb to tomb under the life cycle approach. i. Responsible parenthood the will and the ability to respond to the needs and aspirations of the family and the children. j. Adolescent reproductive health promotive, preventive and developmental interventions given to adolescents to help them exercise their reproductive rights and improve their reproductive health. k. Youth development involves training of youth on decision making, life planning, interpersonal and interactive skills, to empower them to be active partners in development. l. Family planning a process by which couples, guided by the demands of responsible parenthood, decide freely and responsibly the number and spacing of their children based on their physical and emotional capacities as well as their present or potential resources. m. Demographic transition the change from high levels of birth and death rate to low levels of birth and death rate. n. "Pull" factors an element in the "Push-Pull" hypothesis in migration that suggests the circumstances at the place of origin (such as poverty and unemployment) repel or push people out of that place to other places that exert a positive attraction or pull (such as high standard of living, job opportunities, higher income, better peace and order situation, etc.) o. Population distribution the patterns of settlement and dispersal of a population. p. Urbanization is the rise in the proportion (percentage share) of the total population living in urban places. It connotes the changing balance between rural and urban populations brought about by spatial shifts (migration) of people from rural to urban areas. q. Migration the movement of people across a specified boundary for the purpose of establishing a new permanent or temporary residence. Migration can either be international, referring to migration between countries and internal, referring to a migration within the country. r. Fertility the actual reproductive performance of an individual, a couple, a group, or a population. s. Morbidity the frequency of disease, illness, injuries and disabilities in a population. t. Maternal mortality the number of women who die as a result of pregnancy and childbirth complications within a population. u. Infant mortality the number of deaths of infants under age 1. v. Civil society is the conglomeration of all the non-profit, non-government and voluntary organizations that addresses the general issues and welfare of the people. Civil society constitutes a viewpoint of development that gives primary consideration to people empowerment, respect for culture, gender equity, and environmental protection. w. Private sector consists of the profit-oriented corporations, entrepreneurs and partnerships. This sector provides the market, finances and the technology to bolster the economy. SEC. 4. Delineation of Functions To carry out the provisions of this Act, an implementing mechanism is hereby created to be composed of various national agencies, local government units, civil society and the private sector: a. All Government agencies and instrumentalities, including the Local Government Units (LGUs), are hereby tasked to analyze and integrate on a continuing basis the interrelated population, development and environment variables into the planning, implementation and evaluation of their respective programs; b. The Population Commission (POPCOM) shall continue to be an attached agency of the National Economic and Development Authority (NEDA) and shall serve as the central authority on population and development matters, formulate population and development policies, and plan, coordinate, monitor and evaluate the implementation of the Integrated Population and Development Program (IPDP);

c.

The National Economic and Development Authority (NEDA) shall ensure that the population and development (POPDEV) perspective is incorporated into the current national regional development plans of all government line agencies: d. The National Anti-Poverty Commission (NAPC) shall plan, implement and evaluate population and development programs intended to benefit the basic sectors; e. The Department of Health (DOH) shall plan, coordinate and implement programs on reproductive health, including family planning, and shall seek to integrate these programs into the basic health-care, especially primary health-care, system; f. The Department of Interior and Local Government (DILG) shall provide support for policy formulation and coordination with LGUs ensuring POPDEV integration in local development planning processes; g. The National Commission on the Role of Filipino Women (NCRFW) shall plan, coordinate and implement programs relating to women empowerment and women's rights, including the promotion of gender equality and equity in all walks of life; h. The National Youth Council (NYC) shall plan and implement policies and programs that promote the reproductive health and rights of adolescents, especially young women, through the Sangguniang Kabataan and its affiliate organizations at all levels. i. The Department of Education, Culture and Sports (DECS) shall plan and implement programs relating to further closing gender disparities in enrollment as well as among those who finish primary and secondary education with special attention being given to young women who come from the rural areas and from among the poor; j. The Department of Environment and Natural Resources (DENR) shall integrate into the planning and implementation of its programs the population and development variables including the development and dissemination of environment and sustainable development indicators among other government agencies; k. The Department of Social Welfare and Development (DSWD) shall institutionalize the provision of day-care services, including educational services, in every barangay throughout the country providing emphasis on the girl-child and children of poor families. l. The Department of Labor and Employment (DOLE) shall plan, coordinate and implement programs related to the equalization of opportunities among men and women in employment as well as in the promotion of women empowerment and gender equality and equity in the workplaces. The Philippine Overseas Employment Administration (POEA) and the Overseas Workers Welfare Administration (OWWA) under the Department of Labor and Employment shall make corresponding adjustment to their programs as outlined under Par. f) Section 5 above relating to the special needs of women migrant workers. m. The Technical Education and Skills Development Authority (TESDA) shall plan and implement programs designed to promote gender equality and equity in the development of middle level skills among the country's youth; n. The UP Population Institute (UPPI) shall promote the proper understanding of the interrelationship among population, development and environment as they relate to the achievement of the quality of life through the conduct of research and training activities among policy-makers, program managers, LGUs, and civil society. o. The civil society shall represent the interest of the basic sectors in the crafting of policies, and in the development of programs and projects in pursuit of population and development goals of the state. The civil society perspectives encompasses the interest of the following sectors: the farmers, workers, urban poor, women, indigenous communities, youth and students, media, the academic institutions, civic organizations, the various churches, the non-governmental organizations (NGOs) and the peoples organizations (POs). p. The private sector consisting of all individual corporations, companies, enterprises, and partnerships, operating for profit, including their business organizations and chambers, shall assist in the program implementation of population and development goals of the state as part of their service to their employees and in the performance of their social responsibility. q. The Leagues shall provide an alternative representation to all the local Government units, apart from those that are already defined under the Local Government Code, in the crafting of

policies, and in the development of programs and projects in pursuit of the integrated population and development goals of this Act. SEC. 5. The Role of POPCOM Apart from the main function of POPCOM as outlined in Par. b) Section 5 of this Act, the POPCOM shall have the following additional functions: a. Formulate and popularize the Integrated Population and Development Investment Plan (IPDIP) of the country, coordinate its implementation and monitor and evaluate its compliance by the different government agencies including the local government units; b. Educate and inform the public about the implications of the population, development and environment for the sustainable development of the country; c. Promote and provide the mechanism and support for the full participation of civil society, the private sector and the citizenry, especially those which advocate for and extend direct services for women empowerment and gender equality and equity; and d. Render technical assistance and support to programs and projects initiated by LGUs. In order to fulfill its functions, the POPCOM shall be composed of a Board of Commissioners which shall serve as the policy determining body, an Executive Committee which shall coordinate the implementation of the plans and programs at all levels Government and the civil society and the private sectors, and a Secretariat which shall serve as the technical and administrative support organization. a) Board of Commissioners. The Board of Commissioners, hereinafter referred to as the Board, shall be composed of the following: 1. Director-General, National Economic and Development Authority, who shall serve as the Chairperson of the Board and of the Executive Committee 2. Secretary, Department of Health 3. Convenor, National Anti-Poverty Commission 4. Chairperson, National Commission on the Role of Filipino Women 5. Chairperson, National Youth Council 6. Secretary, Department of Education, Culture and Sports 7. Secretary, Department of Environment and Natural Resources 8. Secretary, Department of Social Welfare and Development 9. Secretary, Department of Labor and Employment 10. Director-General, Technical Education and Skills Development Authority 11. One (1) representative each from the League of Governors and the League of Municipalities 12. Two (2) representatives from civil society, especially women organizations 13. Two (2) representatives from the private sector 14. Executive Director, POPCOM The members coming from the Leagues, civil society and the private sector shall be appointed by the President but nominated by their respective sectors according to a process that they shall themselves formulate. There shall be two (2) Vice-Chairpersons to be appointed by the President, one (1) to come from Government agencies whom these agencies shall themselves elect for appointment by the President, and the other to come from among the representatives of civil society, the private sector and the Leagues whom the latter shall themselves elect for appointment by the President, The members coming from civil society and the private sector shall serve fulltime for a term of four (4) years without reappointment. b) Management Committee. The Management Committee shall be composed of the Chairperson of the Board, the two ViceChairpersons and the other fulltime members, and the POPCOM Executive Director. The members of the Executive Committee and the Board who are serving on a fulltime basis shall be entitled to honoraria, allowances and other emoluments subject to Civil Service rules and regulations. c) POPCOM Secretariat. The POPCOM Secretariat shall be the technical and administrative staff responsible for supporting the formulation, monitoring and coordination of the implementation of the plans and programs relating to the integration of population and development variables into all aspects of national life.

SEC. 6. The Role of Civil Society The State recognizes that the civil society, in general, and women's organizations in particular, have made and are incresingly providing essential contributions to population and development related program, projects and activities at all levels, and in providing more innovative, flexible and responsive program designs and implementation, including grassroots participation. This Act shall provide the means for a stronger and more effective partnership by Government agencies at all levels with civil society and also the necessary means by which they could expand their work among the citizenry. SEC. 7. The Role of the Private Sector The State recognizes that the private sector, plays an important role in social and economic development, including the production, and delivery of reproductive health care services and commodities including appropriate education and information relevant to population and development programs and services. This Act shall provide the means to promote private sector role in service delivery and in the production, distribution and delivery of high-quality reproductive health and family-planning commodities that are accessible and affordable to ordinary citizens. SEC. 8. Reporting Requirements Before the end of April each year, POPCOM shall submit an annual State of the Population and Development Report (SPDR) to the President of the Philippines, President of Senate and Speaker of the House of Representatives. The report shall provide a definitive and comprehensive assessment of the implementation of its programs and those of other Government agencies and instrumentalities, civil society and the private sector as well and recommend appropriate priorities for executive and legislative actions. The report shall be printed and distributed to all national agencies, the LGUs, civil society and the private sector involved in the said programs. SEC. 9. Trust Fund for Co-financing the Integrated Population and Development Programs A Trust Fund for the Co-financing of Population and Development Programs in the amount of Five Billion Pesos to be set-up over a five year period is hereby created to support the policy and objectives under this Act. The Fund shall come from PAGCOR's earnings in new gaming operations established beyond 1998, according to the following schedule after approval of this Act: Year 1 One and One-half Billion Pesos Year 2 One Billion Pesos Year 3 One Billion Pesos Year 4 One Billion Pesos Year 5 One-half Billion Pesos The Fund shall be placed under the supervision and management of the POPCOM which may, in turn, tap private professional assistance in maintaining, managing and investing the Fund and in disbursing its earnings to finance population and development related program, projects and activities of Government agencies, the LGUs, civil society and the private sector. It shall formulate policies and procedures by which these entities can have access to the earnings of the Fund; Provided, that no fund shall be disbursed without a counterparting mechanism incorporated in program and project proposals submitted for support from the Fund. To emphasize the participation of civil society and the private sector, especially women NGOs and organizations, POPCOM shall allocate sixty percent (60%) of the Fund's yearly earnings to support their programs, projects and activities and only forty percent (40%) to support programs, projects and activities submitted by Government agencies and the LGUs. SEC. 10. Separability Clause - SEC. 12. Effectivity SEC. 10. Separability Clause. If any part, section or provision of this Act is held invalid or unconstitutional, other provision not affected thereby shall remain in force and effect. SEC. 11. Repealing Clause. Republic Act No.6365 dated 06 August 1971, Presidential Decree No.79 dated 8 December 1972, Presidential Decrees No.1204 dated 29 September 1977, Executive Order No.160 dated 13 April 1977, Executive Order No. 408 dated 18 June 1990, Executive Order No.32 dated 31 October 1992 are hereby repealed. Article 18, Section 488 of Republic Act 7160, otherwise known as the Local Government Code of 1991 is hereby amended.

All OTHER laws, decrees, orders, issuances, rules and regulations which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. SEC. 12. 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. Approved,