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, MarkLlandro 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, women empowerment and human
rights, including reproductive health rights, are imperative;
j.
Development is a multi-faceted process that calls for the coordination and
integration of policies, plans, programs and projects that seek to uplift the
quality of life of the people, more particularly the poor, the needy and the
marginalized;
k.
Active participation by and thorough consultation with concerned non-government
organizations (NGOs), people’s organizations (POs) and communities are imperative
to ensure that basic policies, plans, programs and projects address the
priority needs of stakeholders;
l.
Respect for, protection and fulfillment of reproductive health rights seek to
promote not only the rights and welfare of adult individuals and couples but
those of adolescents’ and children’s as well; and
m.
While nothing in this Act changes the law on abortion, as abortion remains a
crime and is punishable, the government shall ensure that women seeking care
for post-abortion complications shall be treated and counseled in a humane,
non-judgmental and compassionate manner.
SEC.
4. Definition of Terms. – For purposes of this Act, the following terms
shall be defined as follows:
a.
Responsible Parenthood – refers to the will, ability and cornmitTrient of
parents to respond to the needs and aspirations of the family and children more
particularly through family planning;
b.
Family Planning – refers to a program which enables couple, and individuals to
decide freely and responsibly the number and spacing of their children and to
have the information and means to carry out their decisions, and to have
informed choice and access to a full range of safe, legal and effective family
planning methods, techniques and devices.
c.
Reproductive Health -refers to the state of physical, mental and social
well-being and not merely the absence of disease or infirmity, in all matters
relating to the reproductive system and to its funcitions and processes. This
implies that people are able to have a satisfying and safe sex life, that they
have the capability to reproduce and the freedom to decide if, when and how
often to do so, provided that these are not against the law. This further
implies that women and men are afforded equal status in matters related to
sexual relations and reproduction.
d.
Reproductive Health Rights – refers to the rights of individuals and couples do
decide freely and responsibly the number, spacing and timing of their children;
to make other decisions concerning reproduction free of discrimination,
coercion and violence; to have the information and means to carry out their
decisions; and to attain the highest standard of sexual and reproductive
health.
e.
Gender Equality – refers to the absence of discrimination on the basis of a
person’s sex, in opportunities, allocation of resources and benefits, and
access to services.
f.
Gender Equity – refers to fairness and justice in the distribution of benefits
and responsibilities between women and men, and often requires. women-specific
projects and programs to eliminate existing inequalities, inequities, policies
and practices unfavorable too women.
g.
Reproductive Health Care – refers to the availability of and access to a full
range of methods, techniques, supplies and services that contribute to reproductive
and sexual health and well-being by preventing and solving reproductive
health-related problems in order to achieve enhancement of life and personal
relations. The elements of reproductive health care include:
1.
Maternal, infant and child health and nutrition;
2.
Promotion of breastfeeding;
3.
Family planning information end services;
4.
Prevention of abortion and management of post-abortion complications;
5.
Adolescent and youth health;
6.
Prevention and management of reproductive tract infections (RTIs), HIV/AIDS and
other sexually transmittable infections (STIs);
7.
Elimination 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 do
be able to distinguish between facts and myths on sex and sexuality; and
critically evaluate. and discuss the moral, religious, social and cultural
dimensions of related sensitive issues such as contraception and abortion.
i.
Male involvement and participation – refers to the involvement, participation,
commitment and joint responsibility of men with women in all areas of sexual
and reproductive health, as well as reproductive health concerns specific to
men.
j.
Reproductive tract infection (RTI) – refers do sexually transmitted infections,
sexually transmitted diseases and other types of-infections affecting the
reproductive system.
k.
Basic Emergency Obstetric Care – refers to lifesaving services for maternal
complication being provided by a health facility or professional which must
include the following six signal functions: administration of parenteral
antibiotics; administration of parrenteral oxyttocic drugs; administration of
parenteral anticonvulsants for pre-eclampsia and iampsia; manual removal of
placenta; and assisted vaginal delivery.
l.
Comprehensive Emergency Obstetric Care – refers to basic emergency obstetric
care plus two other signal functions: performance of caesarean section and
blood transfusion.
m.
Maternal Death Review – refers to a qualitative and in-depth study of the
causes of maternal death with the primary purpose of preventing future deaths
through changes or additions to programs, plans and policies.
n.
Skilled Attendant – refers to an accredited health professional such as a
licensed midwife, doctor or nurse who has adequate proficiency and the skills
to manage normal (uncomplicated) pregnancies, childbirth and the immediate
postnatal period, and in the identification, management and referral of
complication in women and newborns.
o.
Skilled Attendance – refers to childbirth managed by a skilled attendant under
the enabling conditions of a functional emergencyobstetric care and referral
system.
p.
Development – refers to a multi-dimensional process involving major changes in
social structures, popular attitudes, and national institutions as well as the
acceleration of economic growth, the reduction of inequality and the
eradication of widespread poverty.
q.
Sustainable Human Development – refers to the totality of the process of
expending human choices by enabling people to enjoy long, healthy and
productive lives, affording them access to resources needed for a decent
standard of living and assuring continuity and acceleration of development by
achieving a balance between and among a manageable population, adequate
resources and a healthy environment.
r.
Population Development – refers to a program that aims to: (1) help couples and
parents achieve their desired family size; (2) improve reproductive health of
individuals by addressing reproductive health problems; (3) contribute to
decreased maternal and infant mortality rates and early child mortality; (4)
reduce incidence of teenage pregnancy; and (5) enable government to achieve a
balanced population distribution.
SEC.
5. The Commission on Population (POPC0NI). – Pursuant to the herein declared
policy, the Commission on Population (POPCOM) shall serve as the central
planning, coordinating, implementing and monitoring body for the comprehensive
and integrated policy on reproductive health and population development. In the
implementation of this policy, POPCOM, which shall be an attached agency of the
Department of Health (DOH) shall have the following functions:
a.
To create an enabling environment for women and couples to make an informed
choice regarding the family planning method that is best suited to their needs
and personal convictions;
b.
To integrate on a continuing basis the interrelated reproductive health and
population development agenda into a national policy, taking into account
regional and local concerns;
c.
To provide the mechanism to ensure active and full participation of the private
sector and the citizenry through their organizations in the planning and
implementation of reproductive health care and population development programs
and projects;
d.
To ensure people’s access to medically safe, legal, quality and affordable reproductive
health goods and services;
e.
To facilitate the involvement and participation of non-government organizations
and the private sector in reproductive health care service delivery and in the
production, distribution and delivery of quality reproductive: health and
family planning supplies and commodities to make them accessible and affordable
to ordinary citizens;
f.
To fully implement the Reproductive Health Care Program with the following
components:
(1)
Reproductive health education including but not limited to counseling on the
full range of legal and medically-safe family planning methods including
surgical methods;
(2)
Maternal, pen-natal and post-natal education, care and services;
(3)
Promotion of breastfeeding;
(4)
Promotion of male involvement, participation and responsibility in reproductive
health as well as other reproductive health concerns of men;
(5)
Prevention of abortion and management of post-abortion complications; and
(6)
Provision of information and services addressing the reproductive health needs
of the poor, senior citizens, women in prostitution, differently-abled persons,
and women and children in war AND crisis situations.
g.
To ensure that reproductive health services are delivered with a full range of
supplies, facilities and equipment and that service providers are adequately
trained for reproductive health care;
h.
To endeavor to furnish local Family Planning Offices with appropriate
information and resources to keep the latter updated on current studies and
research relating to family planning, responsible parenthood, breastfeeding and
infant nutrition;
i.
To direct all public hospitals to make available to indigent mothers who
deliver their children in these government hospitals, upon the mothers request,
the procedure of ligation without cost to her;
j.
To recommend the enactment of legislation and adoption of executive measures
that will strengthen and enhance the national policy on reproductive health and
population development;
k.
To ensure a massive and sustained information drive on responsible parenthood
and on all methods and techniques to prevent unwanted, unplanned and mistimed
pregnancies, it shall release information bulletins on the same for nationwide
circulation to all government departments, agencies and instrumentalities,
non-government organizations and the private sector, schools, public and
private libraries, tri-media outlets, workplaces, hospitals and concerned
health institutions;
l.
To strengthen the capacities of health regulatory agencies to ensure safe,
high-quality, accessible, and affordable reproductive health services and
commodities with the concurrent strengthening and enforcement of regulatory
mandates and mechanisms;
m.
To take active steps to expand the coverage of the National Health Insurance
Program (NHIP), especially among poor and marginalized women, to include the
full range of reproductive health services and supplies as health insurance
benefits; and
n.
To perform such other functions necessary to attain the purposes of this Act.
The
membership of the Board of Commissioners of POPCOM shall consist of the heads
of the following AGENCIES:
1.
National Economic DevelopmentAuthority (VEDA)
2.
Department of Health (DOH)
3.
Department of Social Welfare and Development (DSWD)
4.
Department of Labor and Employment (DOLE)
5.
Department of Agriculture (DA)
6.
Department of the Interior and Local Government (DILG)
7.
Department of Education (DepEd)
8.
Department of Environment and Natural Resources (DENR)
9.
Commission on Higher Education (CHED)
10.
University of the Philippines Population Institute (UPPI)
11.
Union of Local Authorities of the Philippines (ULAFI)
12.
National Anti-Poverty Commission (NAPQ
13.
National Commission on the Role of Filipino Women (NCRFW)
14.
National Youth Commission (NYC)
In
addition to the aforementioned, members, there shall be three private sector
representatives to the Board of Commissioners of POPCOM who shall come from
NGOs. There shall be one (1) representative each from women, youth and health
sectors who have a proven track record of involvement in the promotion of
reproductive health. These representatives shall be nominated in a process
determined by the above-mentioned sectors, and to be appointed by the President
for a term of three (3)years.
SEC.
6. Midwives for Skilled Attendance. -Every city and municipality shall
endeavor to employ adequate number of midwives or other skilled attendants to
achieve a minimum ratio of one (1)for every one hundred fifty (150) deliveries
per year, to be based on the average annual number of actual deliveries or live
births for the past two years.
SEC.
7. Emergency Obstetric Care. – Each province. and city shall endeavor to
ensure the establishment and operation of hospitals with adequate and qualified
personnel that provide emergency obstetric care. For every 500,000 population,
there shall be at least one (1) hospital for comprehensive emergency obstetric
care and four (4) hospitals for basic emergency obstetric care.
SEC.
8. Maternal Death Review. – All LGUs, national and local government
hospitals, and other public health units shall conduct maternal death review in
accordance with the guidelines to be issued by the DOH in consultation with the
POPCOM.
SEC.
9. Hospital-Based Family Planning. -Tubal ligation, vasectomy,
intrauterine device insertion and other family planning methods requiring
hospital services shall be available in all national and local government
hospitals, except: in specialty hospitals which may render such services on an
optional basis. For indigent patients, such services shall be fully covered by
PhilHealth insurance and/or government financial assistance.
SEC.
10. Contraceptives as Essential Medicines. – Hormonal contraceptives,
intrauterine devices, injectables and other allied reproductive health products
and supplies shall be considered under the category of essential medicines and
supplies which shall form part of the National Drug Formulary and the same
shall be included in the regular purchase of essential medicines and supplies
of all national and lord hospitals and other government health units.
SEC.
11. Mobile Health Care Service. -Each Congressional District shall be
provided with a van to be known as the Mobile Health Care Service (MHOS) to
deliver health care goods and services to its constituents, more particularly
to the poor and needy, as well as disseminate knowledge and information on
reproductive health: Provided, That reproductive health education shall
be conducted by competent and adequately trained persons preferably
reproductive health care providers: Provided, further, That the full
range of family planning methods, both natural and modern, shall be promoted.
The
acquisition, operation and maintenance of the MRCS shall be funded from the
Priority Development Assistance Fund (PDAF) of each Congressional District.
The
MHCS shall be adequately equipped with a wide range of reproductive health care
materials and information dissemination devices and equipment, the latter
including but not limited to, a television set for audio-visual presentation.
SEC.
12. Mandatory Age-Appropriate Reproductive Health Education. –
Recognizing the importance of reproductive health rights in empowering the
youth and developing them into responsible adults, Reproductive Health
Education in an age-appropriate manner shall be taught by adequately trained
teachers starting from Grade 5 up to Fourth Year High School. In order to
assure the prior training of teachers on reproductive health, the
implementation of Reproductive Health Education shall commence at the start of
the school year one year following the effectivity of this Act. The POPCOM, in
coordination with the Department of Education, shall formulate the Reproductive
Health Education curriculum, which shall be common to both public and private
schools and shall include related population and development concepts in
addition to the following subjects and standards:
a.
Reproductive health and sexual rights;
b.
Reproductive health care and services;
c.
Attitudes, beliefs and values on sexual development, sexual behavior and sexual
health;
d.
Proscription and hazards of abortion and management of post-abortion
complications;
e.
Responsible parenthood.
f.
Use and application of natural and modern family planning methods to promote
reproductive health, achieve desired family size and prevent unwanted,
unplanned and mistimed pregnancies;
g.
Abstinence before marriage;
h.
Prevention and treatment of HIV/AIDS and other, STIs/STDs, prostate cancer,
breast cancer, cervical cancer and other gynecological disorders;
i.
Responsible sexuality; and
j.
Maternal, peri-natal and post-natal education, care and services.
In
support of the natural, and primary right of parents in the rearing of the
youth, the POPCOM shall provide concerned parents with adequate and relevant
scientific materials on the age-appropriate topics and manner of teaching
reproductive health education to their children.
In
the elementary level, reproductive health education shall focus, among others,
on values formation.
Non-formal
education programs shall likewise include the abovementioned reproductive
Health Education.
SEC.
13. Additional Duty of Family Planning 0ffice. – Each local Family
Planning Office shall furnish for free instructions and information on family
planning, responsible parenthood, breastfeeding and infant nutrition to all
applicants for marriage license.
SEC.
14. Certificate of Compliance. – No marriage license shall be issued by
the Local Civil Registrar unless the applicants present a Certificate of
Compliance issued for free by the local Family Planning Office certifying that
they had duly received adequate instructions and information on family
planning, responsible parenthood, breastfeeding and infant nutrition.
SEC.
15. Capability Building of Community-Based Volunteer Workers. –
Community-based volunteer workers, like but not limited to, Barangay Health
Workers, shall undergo additional and updated training on the delivery of
reproductive health care services and shall receive not less than 10% increase
in honoraria upon successful completion of training. The increase in honoraria
shall be funded from the Gender and Development (GAD) budget of the National
Economic and Development Authority (NEDA), Department of Health (DOH) and the
Department of the Interior and Local Government (DILG).
SEC.
16. Ideal Family Size. – The State shall assist couples, parents and
individuals to achieve their desired family size within the context of
responsible parenthood for sustainable development and encourage them to have
two children as the ideal family size. Attaining the ideal family size is
neither mandatory nor compulsory. No punitive action shall be imposed on
parents having more than two children.
SEC.
17. Employers’ Responsibilities. – Employers shall respect the
reproductive health rights of all their workers. Women shall not be
discriminated against in the matter of hiring, regularization of employment
status or selection for retrenchment.
All
Collective Bargaining Agreements (CBAs) shall provide for the free delivery by
the employer of reasonable quantity of reproductive health care services,
supplies and devices to all workers, more particularly women workers. In establishments
or enterprises where there are no CBAs or where the employees are unorganized,
the employer shall have the same obligation.
SEC.
18. Support of Private and Non-government Health Care Service Providers.
– Pursuant to Section 5(b) hereof, private reproductive health care service
providers, including but not limited to gynecologists and obstetricians, are
encouraged to join their colleagues in non-government organizations in
rendering such services free of charge or at reduced professional fee rates to
indigent and low income patients.
SEC.
19. Multi-Media Campaign. – POPCOM shall initiate and sustain an
intensified nationwide multi-media campaign to raise the level of public
awareness on the urgent need to protect and promote reproductive health and
rights.
SEC.
20. Reporting Requirements. – Before the end of April of each year,the
DOH shall submit an annual report to the President of the Philippines, the
President of the Senate and the Speaker of the House of Representatives on a
definitive and comprehensive assessment of the implementation of this Act and
shall make the necessary recommendations for executive and legislative action.
The report shall be posted in the website of DOH and printed copies shall be
made available to all stakeholders.
SEC.
21. Prohibited Acts. – The following acts are prohibited:
a)
Any health care service provider, whether public or private, who shall:
1.
Knowingly withhold information or impede the dissemination thereof, and/or
intentionally provide incorrect information regarding programs and services on
reproductive health including the right to informed choice and access to a full
range of legal, medically-safe and effective family planning methods;
2.
Refuse to perform voluntary ligation and vasectomy and other legal and
medically-safe reproductive health care services on any person of legal age on
the ground of lack of spousal consent or authorization.
3.
Refuse to provide reproductive health care services to an abused minor, whose
abused condition is certified by the proper official or personnel of the
Department of Social Welfare and Development (DSWD) or to duly DSWD-certified
abused pregnant minor on whose case no parental consent is necessary.
4.
Fail to provide, either deliberately or through gross or inexcusable
negligence, reproductive health care services as mandated under this Act, the
Local Government Code of 1991, the Labor Code, and Presidential Decree 79, as amended; and
5.
Refuse to extend reproductive health care services and information on account
of the patient’s civil status, gender or sexual orientation, age, religion,
personal circumstances, and nature of work; Provided, That all
conscientious objections of health care service providers based on religious
grounds shall be respected: Provided, further, That the conscientious
objector shall immediately refer the person seeking such care and services to
another health care service provider within the same facility or one which is
conveniently accessible: Provided, finally, That the patient is not in
an emergency or serious case as defined in RA 8344 penalizing the refusal of
hospitals and medical clinics to administer appropriate initial medical treatment
and support in emergency and serious cases.
b)
Any public official who prohibits or restricts personally or through a
subordinate the delivery of legal and medically-safe reproductive health care
services, including family planning;
c)
Any employer who shall fail to comply with his obligation under Section 17 of
this Act or an employer who requires a female applicant or employee, as a
condition for employment or continued employment, to involuntarily undergo
sterilization, tubal ligation or any other form of contraceptive method;
d)
Any person who shall falsify a certificate of compliance as required in Section
14 of this Act; and
e)
Any person who maliciously 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.
--oOo--
Explanatory Note
OBJECTIVE/S:
- To uphold and promote respect for life, informed choice, birth spacing and responsible parenthood in conformity with internationally recognized human rights standards.
- To guarantee universal access to medically-safe, legal and quality reproductive health care services and relevant information even as it prioritizes the needs of women and children.
KEY
PROVISIONS:
- Mandates the Population Commission, to be an attached agency of the Department of Health, to be the central planning, coordinating, implementing and monitoring body for effective implementation of this Act.
- Provides for the creation of 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.
- Provides for a maternal death review in LGUs, national and local government hospitals and other public health units to decrease the incidence of maternal deaths.
- Ensures the availability of hospital-based family planning methods such as tubal ligation, vasectomy and intrauterine device insertion in all national and local government hospitals, except in specialty hospitals.
- Considers hormonal contraceptives, intrauterine devices, injectables and other allied reproductive health products and supplies under the category of essential medicines and supplies to form part of the National Drug Formulary and to be included in the regular purchase of essential medicines and supplies of all national and local hospitals and other government health units.
- Provides for a Mobile Health Care Service in every Congressional District to deliver health care goods and services.
- Provides Mandatory Age-appropriate Reproductive Health Education starting from Grade 5 to Fourth Year High School to develop the youth into responsible adults.
- Mandates the inclusion of the topics on breastfeeding and infant nutrition as essential part of the information given by the City or Municipal Office of the Family Planning to all applicants for marriage license.
- Mandates no less than 10% increase in the honoraria of community-based volunteer workers, such as the barangay health workers, upon successful completion of training on the delivery of reproductive health care services.
- Penalizes the violator of this Act from one month to six months imprisonment or a fine ranging from ten thousand to fifty thousand pesos or both such fine and imprisonment at the discretion of the Court.
--oOo--
Republic of
the Philippines
HOUSE OF
REPRESENTATIVES
Quezon City,
Metro Manila
FOURTEENTH
CONGRESS
FIRST REGULAR
SESSION
HOUSE
BILL NO. 17
Introduced by
HONORABLE EDCEL C. LAGMAN
EXPLANATORY
NOTE
The
present population of the country of 88.7 million has galloped from 60.7
million 17 years ago. This makes the Philippines the 12th most populous nation
in the world today.The Filipino women’s fertility rate of 3.05% is at the upper
bracket of 206 countries. With four babies born every minute, the population is
expected to balloon to an alarming 160 million in 2038.
It
is worth noting, however, that available studies, data and statistics show that
the Filipinos are responsive to having smaller-sized families through free
choice of family planning methods:
a.
The desired fertility rate of Filipino women is 2.5 children per woman.
However, the actual total fertility rate is 3.5 or a difference of one child
because of the lack of information and absence of access to family planning.
The current unmet need for contraceptives for example is 23.15% for poor women
and 13.6% for women who are not poor (2003 National Demographic and Health
Survey)
b.
61% of currently married women do not want additional children (2003 National
Demographic and Health Survey)
c.
50.6% of the youth want to have only two children (2002 Young Adult Fertility
and Sexuality Survey)
d.
97% of all Filipinos believe it is important to have the ability to control
one’s fertility or to plan one’s family. It is significant to note that 87% of
the total respondents are Roman Catholic (February 2004 Pulse Asia Survey)
e.
Nearly nine in ten Filipinos or 86% say that candidates for elective positions
who advocate a program for women’s health should be supported while only 2% say
they should be rejected and 12% are undecided on the matter;
f.
82% say that candidates in favor of couples’ free choice of family planning
methods should be supported while only 3% think otherwise and 15% are
undecided;
g.
82% of Filipinos consider candidates supporting a law or measure on population
issues worthy of their voltes while only 3% say such candidates should not be
backed at the polls and 15% are undecided;
h.
83% of Filipinos say they are in favor of candidates who support the allocation
of goverment funds for family planning while only 2% say they are not and 15%
are undecided; and
i.
A mere 8% of Filipinos believe that a candidate’s championing of family
planning issues will spell that candidate’s defeat at the polls.
j.
In July 1991, the Social Weather Stations conducted a survey that revealed that
97% of Filipinos want to have the ability to control their fertility and plan
their families.
Notwithstanding
these findings that favor smaller-sized families, this bill is not a population
control measure with the sole objective of limiting population growth. It
provides for population development that aims to:
(a)
help couples/parents achieve their desired fertility size in the context of
responsible parenthood;
(b)
improve reproductive health of individuals and contribute to decreased maternal
mortality rate, infant mortality and early child mortality;
(c)
reduce incidence of teenage pregnancy and other reproductive health problems;
and
(d)
contribute to policies that will assist government to achieve a favorable
balance between population and distribution, economic activities and the
environment.
This
measure is not coercive. It gives couples the freedom to decide whether or not
to plan their families or space or limit their children. Those who decide to
plan their families also have the freedom to choose what method of
contraception is best suited for them. The so called “two child policy” is
voluntary, not compulsory; suggestive, not coercive; and absolutely not
punitive. It is not even a policy. It is a suggested ideal or norm.
Accordingly,
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.
This
proposed law aims to uphold and promote the four pillars of population and
development enunciated by no less than President Gloria Macapagal-Arroyo
herself in her statement of support for the International Conference on
Population and Development (ICPD) namely: (1) responsible parenthood, (2)
informed choice, (3) birth spacing, and (4) respect for life.
It
should be clarified, however, that this bill does not only protect the life of
the unborn from the moment of implantation but that of the mother as well.
Hence, the bill seeks to promote the reproductive health of women basically
through massive and sustained information campaign on reproductive health
rights, care, services and facilities coupled with universal access to all
methods of family planning ranging from the natural to the modern which are
medically safe and legally permissible. In the event they fail to prevent
pregnancy and resort to abortion, they shall be provided with appropriate
health and medical care. Despite the provision for humane and compassionate
management of post abortion complications, this bill continues to proscribe and
penalize abortion which is a crime under the Revised Penal Code.
To
contribute to the empowerment and responsible behavior of the youth, this
proposed legislation provides for age-appropriate reproductive health and
sexuality education that may be initiated by parents at house, and shall be
sustained and complemented by formal education in school.
An
effective reproductive health education does not only instill consciousness of
freedom of choice but responsible exercise of one’s rights. According to the
United Nations Population Fund: “It has been, repeatedly shown that
reproductive health education leads to responsible behavior, higher levels of
abstinence, later initiation of sexuality, higher use of contraception, and
fewer sexual partners, These good effeds are even greater when parents can talk
honestly with their children about sexual and reproductive matters.”
To
guarantee the right of all persons to a full range of information on family
planning methods, services and facilities and to ensure their access to an
equally full range of medically safe and effective family planning methods at
an appropriate time and by competent and adequately trained persons,the bill
mandates the Commission on Population (POPCOM) to be the central
planning, coordinating, implementing and monitoring body for the comprehensive
and integrated policy on reproductive health and population development.
Section 5 of the bill specifies the functions of POPCOM as the lead agency in
the implementation of the “Reproductive Health, Responsible Parenthood and
Population Development Act of 2007″.
This
proposed Act doses not only seek to protect and promote reproductive health and
rights and to empower couples, individuals, more particularly women, and the
youth, but it also aims to improve the quality of life of the people in
general. Studies show that rapid population growth exacerbates poverty while
poverty spawns rapid population growth. Consider the following:
- The Family Income and Exfenditures Surveys by the National Statistics Office (NSO) from 1985-2000 disclose that 57.3% of families having many children are poor but only 15.7% of families having two children are poor.
- Large family size is associated with negative determinant of school participation and poor health and survival rates among children. (Orbeta, Population and the Fight Against Poverty, 2003)
- The prevalence of child labor rises, and school attendance falls, with the number of children in the family (Raymundo, 2004). Moreover,the odds of a child becoming underweight and stunted are greater if he/she belongs to a household with 5 or more members (FNRI 1998). This partly explains why poverty tends to be transmitted and sustained from one generation to the next.
- According to the UN Population Fund 2002 Report, “lower birth rates and slower population growth over the last three decades have contributed faster economic progress in a number of developing countries.”
- Moreover,the same Report disclosed that fertility declines accounted for 1/5th of the economic growth in East Asia between 1960 and 1995. Additionally, it showed that countries that invest in health, including reproductive health and family planning, and in education and women’s development register slower population growth and faster economic growth.
A
consistent and coherent national population policy along with sound monetary
and fiscal policies and good governance could propel our people toward
sustainable human development.
Accordingly,
approval of this measure is earnestly sought.
SECTION 1. Short Title. This Act shall be known as the "Reproductive Health 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.
SEC. 3. Guiding Principles. - This Act declares the following as basic guiding principles
SEC. 4. Definition of Terms. - For purposes of this Act, the fo11owing terms shall be defined as follows:
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 Health 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-Chairperson and the following members:
SEC. 6. Functions of the Council. – As the central advisory, planning and formulating body of the comprehensive and integrated policy on reproductive health relative to human development and population management, the Council shall have the following functions:
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, powers, 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:
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 healtt1 care services.
SEC. 10. Mobile Health Care Services. – Each Congressional District shall be provided with a van to be known as the Mobile Health Care Services (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 and sexuality education shall be conducted by competent and adequately trained persons preferably reproductive health care providers: Provided, further, That a wide range of family planning methods, both natural/traditional and modern, shall be taught.
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:
SEC. 12. Capability Building of Barangay Health Workers. – Barangay Health Workers shall undergo retraining on the delivery of reproductive care service 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 their 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 and regularization of employment status or selection for retrenchment.
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:
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. If the offender is an alien, he/she shall, after service of sentence, be deported immediately without further proceedings in the Bureau of Immigration. If 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 of 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.
--oOo--
Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
THIRTEENTH CONGRESS
FIRST REGULAR SESSION
House Bill No. 16
Introduced by the HONORABLE EDCEL C. LAGMAN
AN ACT CREATING A REPRODUCTIVE HEALTH AND POPULATION MANAGEMENT COUNCIL FOR THE IMPLEMENTATION OF AN INTEGRATED POLICY ON REPRODUCTIVE HEALTH RELATIVE TO SUSTAINABLE HUMAN DEVELOPMENT AND POPULATION MANAGEMENT, 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 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.
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 unmarried 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 tile 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 f 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.
l. Respect for, protection and fulfillment of reproductive health rights seek to promote not only the rights and welfare of adult Individuals and couples but those of adolescents' and children's as well.
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 purposes of this Act, the fo11owing terms shall be defined as follows:
a. Reproductive health -the state of complete physical, mental and social well-being and not merely the ab5ence 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 the 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. Elimination of violence against women;
7. Education and counselir1g 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 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 balancae between population, adequate resources and healthy environment.
l. 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 Health 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-Chairperson and the following members:
1. Secretary of the Department of Social Welfare and Development (DSWD)
2. Secretary of the Department of Education (DepEd)
3. Secretary of the Department of Labor (DOLE)
4. Secretary of the Department of the Interior and Local Government (DILG)
5. Executive Director of the Commission on Population (PopCom)
6. Chairperson of the National Commission on the Role of Filipino Women (NCRFW)
7. Chairperson of the National Youth Council (NYC)
8. Chairperson of the Commission on Higher Education (CHED)
9. Chairperson of the Housing and Urban Development Coordinating Council (HUDCC)
10. Lead Convenor of the National Anti-Poverty Commission (NAPC)
11. Three (3) representatives from the local government units nominated by the leagues of local government units and to be appointed by the President
12. 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 head 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 formulating body of the comprehensive and integrated policy on reproductive health relative to human development and population management, the Council shall have the following functions:
1. 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.
2. 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, population and development programs and projects.
3. To ensure people’s access to quality and affordable reproductive health goods and services.
4. 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.
5. To fully implement the Reproductive Health Care Program with the following components:
1. Reproductive and sexual health education including but not limited to counselling on the full range of legal and medically-safe family planning methods.
2. Maternal, 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.
6. 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.
7. 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.
8. To hire and appoint personnel of the Secretariat and the Executive Director.
9. 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, powers, 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 healtt1 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 Services. – Each Congressional District shall be provided with a van to be known as the Mobile Health Care Services (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 and sexuality education shall be conducted by competent and adequately trained persons preferably reproductive health care providers: Provided, further, That a wide 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:
1. Reproductive Health 2. Reproductive health care and services 3. Attitudes, beliefs and values on sexual development, sexual behavior and sexual health 4. Proscription and hazards of abortion 5. Family planning and the number and spacing of children 6. Natural/traditional methods to prevent unwanted, unplanned and mistimed pregnancy 7. Use of modern contraceptive devices 8. Abstinence before marriage 9. Prevention and treatment of HIV/AIDS and other STIs/STDs 10. Safe sex
SEC. 12. Capability Building of Barangay Health Workers. – Barangay Health Workers shall undergo retraining on the delivery of reproductive care service 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 their 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 and 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 litigation 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 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 intentional 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 wilful 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. If the offender is an alien, he/she shall, after service of sentence, be deported immediately without further proceedings in the Bureau of Immigration. If 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 of 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,
--oOo—
Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
THIRTEENTH CONGRESS
FIRST REGULAR SESSION
House Bill No. 16
Introduced by the HONORABLE EDCEL C. LAGMAN
EXPLANATORY NOTE
Two of the overriding problems that bedevil the Philippines are an inordinately enormous debt service and an extremely huge population.
This bill addresses the second problem on an uncontained population escalation that aggravates the debt menace, hampers delivery of reproductive health care services and derails sustainable human development.
The present population of the country of 82.6 million has galloped from 60.7 million 14 years ago. This makes the Philippines the 12th most populous nation in the world today. The population growth rate is 2.36°A) and is among the highest in the world. The Filipino women's fertility rate of 3.7% is at the upper bracket of 206 countries. With four babies born every minute, the population is expected to balloon to an alarming 160 million in 2038.
Due to overpopulation, the current budget for education of P98 billion translates to a ratio of only P21.71 daily per student/pupil In elementary and high school or P4,558.00 per student/pupil nationwide on an annualised basis for a 10-month school year.
This education outlay pales in comparison with tl1e appropriation for education of our Asian neighbors. Our government's appropriation for education is only 1/11th of that of Singapore; l/5th of that of Malaysia and only l/8th of Thailand's allocation for basic education.
This meager budget for education, which is further diminished to no small measure by our exceedingly large student population of 21.5 million in both public and private elementary and high schools, results in the current shortages of 40,000 classrooms and 50,000 teachers in public schools alone. The current textbook to student ratio is 1:2 at best with reports of a grim 1:4 in far-f1ung schools. This is far from the ideal of 1:1. The teacher-student ratio in public schools goes as high as 1: 80 when the ideal ratio to maximize effective learning is 1:36.
These stark statistics do not even include the public sector outlay for tertiary education which, although sizeable, is stilt far from adequate.
Indeed, due to the inordinate number of enrolees, quality education remains a cherished dream and an unrealisable commitment.
The same is true with respect to the health budget of P10.723 billion for the current fiscal year. This amounts to a miniscule P0.35 per capita daily. This is scandalously low compared to the daily per capita outlay for health care services of our Asian neighbors: Japan, P343.94; Singapore, P103.96; Thailand, P17.17; Malaysia and Indonesia, P12.41.
A huge population is an albatross on limited resources which when spread out too thinly to "reach" the multitude becomes grossly inadequate and effectively meaningless. The number of Filipinos living below the poverty line has reached 40% of the total population. Compare this to poverty statistics of other Asian countries: Taiwan (1.0%), Malaysia (8.0%), Thailand (12%) and Indonesia (27%), and the country's poverty is indeed abysmal.
The Internationally accepted Indicators of well-being like access to potable water, sanitary toilets and meaningful employment rank the Philippines way below the ladder of development. The data show that 21.5% or 17.7 million Filipinos have no potable water; 19.15% or 15.8 million have no access to sanitary toilet facilities; 13.7% or 5 million are currently unemployed and 18.75 or 6.8 million are unemployed and 18.75 or 6.8 million are underemployed.
The state of health of a nation's children Is often indicative of the kind of society in which they live. Filipino children (0.18 years) comprise 45% of the entire population and the statistics culled on their state of health and well-being is bone-chilling. Consider the following:
- The Food and Nutrition Research Institute has estimated that 3.7 million preschool children are underweight (acute or present malnutrition), 3.8 million are stunted (growth failure) and 0.7 million are wasted (enfeebled state);
- 49% of the total population of infants and 26% of the total population of children with ages ranging from 1-6 years old suffer from iron-deficiency anemia;
- There are about five million child laborers and more than 1.5 million street children in the country; and
- There are 60,000 prostituted children and their numbers increase by 3,266 annually making the Philippines the fourth country with the most number of prostituted children.
The following statistics specifically on reproductive health In the Philippines are similarly ominous:
- An Infant mortality rate of 36 for every 1,000 live births;
- Maternal mortality rate of 172 for every 100,000 live births;
- 10 women die every 24 hours from causes related to pregnancy and childbirth;
- Out of every 100 children who die before reaching the age of five, 38 deaths are due to curable diseases; and
- Approximately 2.80,000 teenaged girls every year end up becoming mothers before they reach the age of 20.
According to studies conducted by the National Statistics Office, the current national contraceptive unmet need of poor women is 26.4% and for non-poor, the rate is 17.0%. The level and scope of unmet need in the country is clearly indicated by the high levels of unplanned births (18.2% in 1998) due to lack of access to family planning services (National Demographic and Health Survey 2000). The difference between actual total fertility rate of 3.7 children versus the real number of desired children which is 2.7 also validates the unmet need for family planning assistance (National Demographic and Health Survey 2000).
These dismal statistics are due to the lack of access to adequate information on reproductive health and regular and timely dispensation of reproductive health care services.
In a survey conducted by Pulse Asia in February 2004, 97% of the respondents believed that is was important to have the freedom to decide the size of one’s family and another 71% regarded a fast-growing population as a hindrance to economic development.
Moreover, 82°/0 believed that candidates for elective positions who supported the “free use of couples as to family planning methods” should be elected.
While majority of women of reproductive age are receptive to the use of safe contraceptive methods, techniques and devices, family planning services and supplies are lamentably inaccessible. This results in the prevalence of Induced abortions which the UP Population Institute estimates to be dose to 400,000 annually. It is estimated that 100,000 women each year are hospitalized because of serious post-abortion complications.
This bill continues to proscribe abortion which is a crime under the Revised Penal Code. However, when abortion is resorted to, despite the prohibition, there is a need to manage post-abortion complications in a humane and compassionate manner. The patient should not be suffered to die due to her desperation.
As a preventive measure against abortion this bill provides for timely, complete and accurate information and education on reproductive health as well as ready access to safe, adequate and affordable reproductive health care services. Thus, it guarantees freedom of choice of individuals and couples on the number and spacing of their children, even as this bill considers two (2) children as the ideal family size.
An effective reproductive health education does not only instill consciousness of freedom of choice but responsible exercise of one's rights. According to the United Nations Population Fund: "It has been repeatedly shown that reproductive health education leads to responsible behavior, higher levels of abstinence, later initiation of sexuality, higher use of contraception, and fewer sexual partners. These good effects are even greater when parents can talk honestly with their children about sexual and reproductive matters."
It is imperative that reproductive health and sexuality education should start early among the young people. It has to be initiated by parents and adult members of the family who are considered role models by their children.
Reproductive health and sexuality education at home should be sustained and complemented by formal education in schools.
Reproductive health and sexuality education seeks to assist young people in understanding a positive view of the reproductive system and human sexuality, provide them with information and skills about taking care of their reproductive and sexual health, and help them make sound decisions now and in the future.
Comprehensive reproductive health and sexuality education programs have four main goals:
- To provide complete, accurate and relevant information on the reproductive system and Its functions and processes and human sexuality;
- To provide an opportunity for young people to develop and understand their values, attitudes, and beliefs about sexuality;
- To help young people develop relationships and interpersonal skills; and
- To help young people exercise responsibility regarding sexual relationships, including addressing abstinence, pressures to engage prematurely involved in sexual Intercourse, and the use of contraception and other sexual health measures
“Research Findings on Programs to Reduce Teen pregnancy”, a report released by The National Campaign to Prevent Teen Pregnancy in 2001, concluded that:
- Sexuality and HIV education do not hasten sexual activity;
- Education about abstinence and contraception are compatible rather than in conflict with each other; and
- Making condoms available does not increase sexual behavior.
The tragic scenario cited above is principally rooted in overpopulation and the lack of an integrated national policy on reproductive health in connection with population management and sustainable human development. This bill addresses these urgent concerns.
Verily, passage of this bill is earnestly sought.
EDCEL C. LAGMAN
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