Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No,__ 83887

Introduced by GABRIELA Women’s Party Representatives
LUZVIMINDA C. ILAGAN and EMERENCIANA “EMMI” A, DE JE
nakpawis Representative RAFAEL MARIANO, Bayan Muna Representati

‘TEODORO CASINO and NERI COLMENARES, ACT Teachers Representative
ANTONIO TINIO and Kabataan Partylist Representative RAYMOND PALATINO

EXPLANATORY NOTE,

Filipino women do not have to die at childbirth just because they are poor. They do not
have to suffer from undiagnosed cervical, breast, vulvar, ovarian or similar cancers of the
reproductive system just because they do not have access to adequately staffed and
equipped public heaith facilities. They do not have to suffer from sexual abuse and sexual
violence and possible consequent pregnancies just because the males in Philippine sogiety
are conditioned to view females as objects and targets of physical, financial and
psychological domination.

Working women should not have to work in environments where they are exposed to and
unprotected from chemicals known to cause cancer, birth defects and other reproductive
harm. Women do not have to suffer from untreated uterine fibroid or such similar
conditions just because diagnostic procedures are costly.

Women should not die at childbirth because their infants need them for optimum care, love
and affection if children are to grow up to realize their full potential as productive and
responsible members of our society.

* This bill, given the context of Philippine social and economic realities, gives preferential

access to reproductive health programs, resources and services for marginalized women
and girls.

Situation of Filipino Women’s Reproductive Health

According to the UNFPA State of the World Population Report of 2009, 230 Filipinas die
for every 100,000 live births, compared with 110 in Thailand, 62 in Malaysia and 14 in
Singapore.’ The NSO Fertility management Survey conducted in 2006 reflects lower
figures at 162 per 100,000 live births. The population of women in childbearing ages (15

* State of the World Population 2008, UNFPA

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to 49 years) was recorded at 51.04 percent or 19.4 million women in 2006, the highest
percentage being among young girls aged 15 to 19 years old at 10.53 percent.

Globally, the UNFPA State of the World Population Report of 2009 points out that the top
four (4) causes of maternal deaths are: 1) severe bleeding (mostly bleeding postpartum),
infections (also mostly soon after delivery), hypertensive disorders in pregnancy
(eclampsia) and obstructed labour. Women also die because of poor health at conception
and a lack of adequate care needed for the healthy outcome of the pregnancy for
themselves and their babies.

‘Since complications are not predictable, all women need care from skilled health
professionals, especially at birth, when rapid treatment can make the difference between
life and death. Out of the 19.4 million Filipino women of childbearing age estimated in
2006, an estimated 8.9% or 1.73 million women did not have access to antenatal care from
skilled birth attendants in 2008.

Social injustice and inequity are stark realities that affect women viz-a-viz their
reproductive health. The 2008 National Demographic and Health Survey (NDHS) showed
that women in poor households have less access to fertility management programs and
services. Women in the poorest households bear more children at an average of 5.2
children per woman, compared to an average of 1.9 children per women in the wealthiest
households. More poor women suffer from maternal deaths than their economically better~
off counterparts,

Poor access to quality health services also results from a weak public health care system
further debilitated by poor public health financing and spending by the Philippine
government. While the World Health Organization recommends a minimum of 5% of the
GDP, the rate has steadily declined from 3.5% in 2000 to 3.2% in 2007.

Rationale for a Reproductive Health Law

Women’s reproductive health care is a prime responsibility of the national government,
The right to reproductive health care is upheld by various international human rights
instruments and national laws, including the Convention on the Elimination of All Forms
of Discrimination Against women, which provides that State Parties should “ensure
universal access for all women to a full range of high-quality and affordable health care,
including sexual and reproductive health services.” The Convention on the Rights of
Persons with Disabilities requires that states ensure equal access to health services for
persons with disabilities, with specific mention of SRH and population-based public health
programs.

Women need not die at childbirth because the Philippine government has been untiring in
affirming their right to reproductive health. The Philippine Constitution obligates the State
to protect working women by providing safe and healthful working conditions, taking into
account their maternal functions, and such facilities and opportunities that will enhance
their welfare and enable them to realize their full potential in the service of the nation
(Article XIII, Section 14).

‘The Magna Carta of Women echoes this State obligation by affirming that it shall, at all
times, provide for a comprehensive, culturally-sensitive, and gender-responsive health

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services and programs covering all stages of a woman’s life cycle and which addresses the
‘major causes of women's mortality and morbidity (Chapter 4, Section 17).

‘As such, the implementation of programs regarding reproductive health must be undertaken
by the Department of Health and not under the aegis of the Commission on Population, a
government agency that historically and by its very name, simply formulates policies and
oversees/monitors implementation of programs related to population and population
control.

A Comprehensive Reproductive Health Law is seen to offer health care services that will
basically benefit women, especially the marginalized. Advancing reproductive health rights
ina comprehensive, available, accessible, acceptable, and democratic manner is a long-
overdue mandate of the Philippine government to its female population.

‘Approved,
é, oa: S/
IMINDA ILAGAN EMERENCIANA BE JESUS.
Gabriela Women’s Patty Gabriela Women’s Party

x" [sph Ce

/AFAEL MARIANO TEODORO CASINO
Anakpawis Partylist Bayan Muna Partylist

RAYMOND PALATINO

Kalfitadn Partylist

ACT Teachers Partylist

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No._338'7

Introduced by GABRIELA Women’s Party Representatives
LUZVIMINDA C. ILAGAN and EMERENCIANA “EMMI” A. DE JESUS,
Anakpawis Representative RAFAEL MARIANO, Bayan Muna Representatives
TEODORO CASINO and NERI COLMENARES, ACT Teachers Representative
ANTONIO TINIO and Kabataan Partylist Representative RAYMOND PALATINO

AN ACT PROVIDING FOR A NATIONAL POLICY
ON REPRODUCTIVE HEALTH FOR WOMEN IN DEVELOPMENT,
AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

CHAPTER 1
TITLE, POLICY AND DEFINITION OF TERMS.

SECTION 1. Short Title — This Act shall be known as the ‘Comprehensive Reproductive
Health Act

SECTION 2. Declaration of State Policy and Principles ~ The State affirms the role of
women in development and ensures the substantive equality of women and men. It shall
promote the empowerment of women and pursue equal access to resources and services.
Further, the State realizes that equality of men and women entails the abolition of the
unequal structures and practices that perpetuate discrimination and inequality. To realize
this, the State shall endeavor to develop plans, policies, programs, measures, and
mechanisms to address discrimination and inequality in the economic, political, social and
cultural life of women and men.

Consistent with the Magna Carta of Women, the State shall accord women the rights,
protection, and opportunities available to every member of society. The State shall ensure
the necessary mechanisms to enforce women’s rights and adopt and undertake alll legal
measures necessary to foster and promote the equal opportunity for women to participate in
and contribute to the development of the political, economic, social and cultural spheres.

In recognizing the role and contribution of women in development, the state shalll provide
comprehensive, quality, and accessible reproductive health services, methods, devices,
supplies and relevant information for girls and women of all ages, especially for the women
and girls coming from underprivileged sectors.

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The State takes cognizance of primary health care as the key to attaining the target of
reaching a level of health that will permit its people to lead a socially and economically
productive fife, as part of development in the spirit of social justice,

SECTION 3. Guiding Principles — Every human being is entitled to enjoy all human
rights. No one can take away another person’s human rights, Human rights are indivisible,
Human rights are inherent to the dignity of every human being whether they relate to civil,
cultural, economic, political, or social issues.

Human rights are interdependent and interrelated. The fulfilment of one right often
depends, wholly or in part, upon the fulfilment of the other rights,

All individuals are equal as human beings by virtue of the inherent dignity of each person.
No one, therefore, should suffer discrimination on the basis of ethnicity, gender, age,
language, sexual orientation, race, color, religion, political or other opinion, national, social
or geographical origin, disability, property, birth or other status as established by human
rights standards.

All people have the right to participate in and access information relating to the decision-
making processes that affect their lives and wellbeing. Rights-based approaches require a
high degree of participation by communities, civil society, minorities, women, young
people, indigenous peoples, and other identified groups.

States and other duty bearers are accountable for the observance of human rights. They
have to comply with the legal norms and standards enshrined in international human rights
instruments in accordance with the Philippine Constitution. Where they fail to do so,
aggrieved rights holders are entitled to institute proceedings for appropriate redress before
a competent court or other adjudicator in accordance with the rules and procedures
provided by law.

This Act further declares the following as basic guiding principles:

a. In the promotion of reproductive health, there should be no bias for either
modem or natural methods of fertility management;

b. Reproductive health goes beyond a demographic target because it is
principally about health and rights;

©. Gender equality and women empowerment are central elements of
reproductive health and population development, and vice-versa;

4. Since manpower is the principal asset of every country, effective reproductive
health care services must be given primacy to contribute to the birth and care
of healthy children, our next generation of manpower resources;

¢. Freedom of informed choice, which is central to the exercise of any right,
must be fully guaranteed by the State like the right itself;

f. Development is a multi-faceted process that calls for the coordination and
integration of policies, plans, programs and projects that seck to uplift the
quality of life of the people, more particularly the poor, the needy and the
marginalized;

g. 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;

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SECTION 4. Scope of Appl

h. 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.

mn ~ This Act shall apply to all Filipino girls and women,

throughout the various stages of their life cycle.

SECTION 5. Interpretation of this Act - Nothing in this law shall be construed as
precluding provisions in existing laws or in international instruments and international
human rights and humanitarian law that are more conducive to the realization of the rights
of the child,

SECTION 6. Definition of Terms — As used in this Act, the term

a.

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 functions and processes, from birth to death. 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.

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.

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,

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:

Maternal, infant and child health and nutrition;

Promotion of breastfeeding;

Information and services related to fertility management;

Prevention of abortion and management of post-abortion complications;
Prevention and management of reproductive tract infections (RTIs),
HIV/AIDS and other sexually transmittable infections (STIs);

Elimination of violence against women;

Education and counseling on sexuality and sexual and reproductive health;
‘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;

11. Reproductive health education for the girl child, adolescent and youth; and

yeeye

ene

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12, Health education and health care services for menopausal and post-
menopausal women.

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 belief
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.

Primary health care - refers to 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. It is the first level of contact of individuals, the family and
community with the national health system bringing health care as close as possible
to where people live and work, and constitutes the first element of a continuing,
health care process.

Responsible Parenthood — refers to the will, ability, competency and commitment
of parents to respond to the physical, psychosocial, intellectual, moral and cultural
needs and aspirations of the family as a unit as well as of each individual member
of the family.

Fertility management - 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 fertility management
methods, techniques and devices.

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.

Menopausal and post-menopausal women — are women beyond their mid-thirties
who have started experiencing symptoms related to menopause such as hot flushes,
profuse menopausal bleeding, etc., or have completed their menopausal phase.

Reproductive tract infection (RTI) — refers to sexually transmitted infections,
sexually transmitted diseases and other types of infections affecting the
reproductive system.

Basic Emergency Obstetrie 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 parenteral oxytocic drugs; administration of parenteral
anticonvulsants for pre-eclampsia and eclampsia; manual removal of placenta; and

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assisted vaginal delivery.

Comprehensive Emergency Obstetric Care — refers to basic emergency obstetric
care plus two other signal functions: performance of caesarean section and blood
transfusion,

‘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.

Skilled Birth 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.

Skilled Attendance - refers to childbirth managed by a skilled birth attendant under
the enabling conditions of a functional emergency obstetric care and referral
system,

Development ~ refers to a multi-dimensional process involving major changes in
80

I structures, popular attitudes, and national institutions as well as the
<celeration of economic growth, the reduction of inequality and the eradication of
widespread poverty.

Sustainable Human Development ~ refers to 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 by achieving a balance
between and among a manageable population, adequate resources and a healthy
environment,

Women of childbearing age — are adolescen
old to 49 years old.

, youths and women from 15 years

CHAPTER 2
REPRODUCTIVE HEALTH OF GIRLS 12 YEARS OLD AND BELOW

SECTION 7. Mandatory Age-Appropriate Reproductive Health Education.
Recognizing the importance of reproductive health rights in empowering children and
youth and developing them into responsible adults, Reproductive Health Education in an
age-appropriate manner shall be taught by adequately trained teachers starting from
preschool up to Grade VI.

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 Department of Education, with support from the
Commission on Population and the Department of Health, shall formulate the Reproductive
Health Education curriculum, which shall be common to both public and private schools

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and shall include related population and development concepts in addition to the following
subjects and standards:
a. VAC-prevention education, including teaching children to discern between a
“safe touch” and an “unsafe or unwanted touch;”safety lessons;
b. Reproductive health and sexual rights;
c. Reproductive health care and services;
4d. Attitudes, beliefs and values on sexual development, sexual behavior and sexual
health;
In support of the natural and primary right of parents in the rearing of the children and
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.

CHAPTER 3
REPRODUCTIVE HEALTH OF ADOLESCENT GIRLS
AND YOUNG WOMEN (13 TO 19 YEARS OLD)

SECTION 8. Mandatory Age-Appropriate Reproductive Health Education in Schools
~ Reproductive Health Education in an age-appropriate manner shall be taught by
adequately trained teachers in the secondary and tertiary levels. 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 Department of Education and the Commission on Higher 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. Altitudes, beliefs and values on sexual development, sexual behavior and sexual
health;
d. Proscription and hazards of abortion and management of post-abortion
complications;
ec. Responsible parenthood;
£ Use and application of natural and modern fertility management methods to
promote reproductive health, achieve desired family size and prevent unwanted,
unplanned and mistimed pregnancies;
g. Prevention and treatment of HIV/AIDS and other STis/STDs, prostate cancer,
breast cancer, cervical cancer and other gynecological disorders;
h. Responsible sexuality; and
i, 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
DEPED 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 9. Mandatory Age-Appropriate Reproductive Health Education in non-

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formal education programs — Public, Non-government and private organiz:
implementing non-formal education programs catering to the youth shall likewise include
the abovementioned Reproductive Health Education. The DEPED shall provide other
public and non-government organizations with adequate and relevant scientific materials
‘on the age-appropriate topics and manner of teaching reproductive health education to their
children,

CHAPTER 4
REPRODUCTIVE HEALTH OF WOMEN 20 TO 39 YEARS OLD.

SECTION 10. Skilled Birth Attendants — 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. They shall
provide for the development and implementation of a continuing program for training of
birth attendants, and ensure that skilled birth attendants receive the commensurate wage as
stipulated in the Magna Carta for Health Workers, The category of Skilled Birth Attendants
shall fall within the purview of “health workers,” and as such, skilled birth attendants are
entitled to the rights and privileges stipulated in the Magna Carta for Health Workers.

SECTION 11. Emergency Obstetric Care ~ Each province and city shall endeavor to
ensure the establishment and operation of public hospitals with adequate and qualified
personnel that provide affordable emergency obstetric care, as well as sufficient resources
for the delivery of quality health services. For every $00,000 population, there shall be at
least one (1) hospital for comprehensive emergency obstetric care and four (4) hospitals for
basic emergency obstetric care,

SECTION 12, Minimum Reproductive Health Standards for Public Lying-in Clinies
and Hospitals — the Department of Health should promulgate a set of minimum
Reproductive Health standards for public lying-in clinics and hospitals, which shall be
included in the set of criteria for accrediting these health facilities. These minimum
Reproductive Health standards should provide for the monitoring of high risk pregnant
mothers, and a minimum package of reproductive health programs that should be available
and affordable at the different levels of the public health system, from the lying-in clinic
level to secondary and tertiary hospitals. It should also include for nationally agreed
standards and local protocols for integrated antenatal care services and timely referral and
management of complications. Reproductive health care programs and services at the
primary health care level should be reinforced through promulgation of appropriate
policies, capacity building programs and resource investments.

SECTION 13. 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.

SECTION 14. Hospital-Based Fertility management — Tubal ligation, vasectomy,
intrauterine device insertion and other fertility management methods requiring hospital
services shall be available in all national and local government hospitals.

SECTION 15. Contraceptives as Essential Medicines. ~ Hormonal contraceptives,
intrauterine devices, injectables and other allied reproductive health products and supplies

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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 local hospitals and other government
health units.

SECTION 16. 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 Fertility management Office certifying that they had duly received
adequate instructions and information on fertility management, responsible parenthood,
breastfeeding and infant nutrition.

SECTION 17, 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).

SECTION 18, Employers’ Responsibilities. ~ Employers in both the public and private
sectors 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.

Employers are obliged to ensure proper protection of women workers handling or working
with chemicals known to cause cancer, birth defects and other reproductive harm.

Employers are obliged to monitor pregnant working employees among their workforce and
censure 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 prenatal medical leaves shall be reimbursable from the SSS or
GSIS, as the case may be.

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,

SECTION 19, Mothers with infants and preschool children. Barangay day care centers
should prioritize enrollment of infants and preschool children of teenage and primi mothers
who need to find work for their family’s economic survival and for working mothers.

SECTION 20. Sexual and Reproductive Health programs for persons with disabilities
(PWDs). City and Municipalities must ensure that barriers to reproductive health services
for persons with disabilities are obliterated by: 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

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331

532
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541

542
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552
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387
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562
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569
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572
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S77

laboratory procedures to the needs and conditions of persons with disabilities; b) increasing
access to information and communication materials on sexual and reproductive health in
Braille, large print, simple language, and pictures; c) providing continuing education on
inclusion rights of persons with disabilities among health-care providers; and d)
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.

SECTION 21. Mental health services as essential component of Reproductive Health
Care Programs. Mental health is related to many aspects of Sexual and Reproductive
Health. These include, among others, perinatal depression and suicide, mental health and
psychological consequences of gender-based violence, or HIV/AIDS, feelings of loss and
guilt after miscarriage, stillbirth, or unsafe abortion. Measures to promote the mental and
psychological well-being of pregnant mothers should be incorporated into the health
programs of lying-in clinics and public hospitals.

SECTION 21. Sexuality and Reproductive Health Education, Regular educational
seminars and activities on sexuality and reproductive health must be implemented by
public health centers and lying- in clinics, the costs for which should be sourced from the
LGU GAD budget.

SECTION 22. Infertility. The capabilities of lying-in clinics and public hospitals to
counsel women and couples with infertility problems must be enhanced. Fertility work up
programs must be implemented in at least one tertiary public hospital per municipality of
city.

CHAPTER 5
REPRODUCTIVE HEALTH OF MENOPAUSAL
AND POST-MENOPAUSAL WOMEN

SECTION 23. Making reproductive health procedures affordable and accessible to
marginalized women of menopausal or post-menopausal age. Hysterectomy ot
hormonal replacement therapy for menopausal or post-menopausal women, pap smears,
and related reproductive health procedures required by women of menopausal or post-
‘menopausal age must be affordable and accessible to marginalized women. It should be
considered among the medical procedures that can be applied for health financing through
the PhilHealth.

SECTION 24. Programs for women with cancer of the reproductive system.
Marginalized women seeking medical treatments for any cancer of the reproductive system
should be eligible for PhilHlealth financing for such treatments. They and their families
must be supported through educational and counselling programs at public hospitals.

CHAPTER 6
OTHER SPECIAL PROVISIONS

SECTION 25. Research on reprohealth issues, including appropriate fibromyalgia
diagnosis and treatment among Filipino women. The Department of Health, through its

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Maternal and Health program, must promulgate researches on fibromyalgia and other
relevant health issues affecting women’s reproductive health.

SECTION 26. 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 200 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 200 hours annual pro bono services shall be included as prerequisite in the
accreditation and the renewal of relevant professional licenses.

CHAPTER 7
PROHIBITED ACTS

SECTION 27. Unlawful or Prohibited Acts - It shall be unlawful for any person,
including Government personnel and officials to:

a) 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 fertility management methods;

b) 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.

©) 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

©) 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 re 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.

) Any public official who prohibits or restricts personally or through a subordinate
the delivery of legal and medically-safe reproductive health care services, inclu
fertility management;

8) 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;

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675,
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677

h) Any person who shall falsify a certificate of compliance as required in Section 14 of
this Act; and

i) Any person who maliciously engages in disinformation about the intent or
provisions of this Act.

CHAPTER 8
INSTITUTIONAL MECHANISMS.

SECTION 28. Roles and Responsibi

ies of Government Agencies

a. Department of Health (DOH) —shall ensure availability and accessibility of
quality health services at all levels of the health system and coordinate with
concerned LGUs, NGOs, private health sector and hospitals in the delivery of
related health services. Together with the PRC, it shall monitor compliance with
the mandatory 200-hour pro bono services for private reproductive health
service providers as one prerequisite in accreditation and the renewal of the
licenses.

b. The Department of Education, Culture and Sports and the Commission on
Higher Education shall ensure the implementation of the mandatory age-
appropriate Reproductive Health education program in schools, It shall develop
culture-sensitive curriculum to be used in all areas, and integrate these
curriculum into non-formal education programs and other alternative learning
systems, especially indigenous peoples (IPs) communitics/areas. It 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, and to popularize the government policy on reproductive health, with
the support of the Commission on Population and the Philippine Information
Agency. They shall develop an advocacy framework for the policy and
attendant programs and initiate the advocacy of this program, which shall target
girls and women of various age groups

¢. Department of Labor and Employment shall establish mechanisms to
monitor regularly work settings and factories with more than 100 women
workers to ensure compliance with Section 18 on Employer's Responsibilities.

4. Family Planning Offices. - Each local family planning office shall furnish for
free instructions and information on fertility management, responsible
parenthood, breastfeeding and infant nutrition to all applicants for marriage
license.

All programs should be participatory and should ensure involvement of stakcholders
including NGOs and Church-based/religious organization groups, communities and gitls
and women themselves.

SECTION 29. Monitoring and Reporting System. The State, through the Department of
Health, shall lead the setting up of a database for the monitoring, reporting and response to
cases of reproductive health issues.

The State, through the Department of Health, in coordination with other concerned
Government agencies, shall ensure the implementation of the provisions of this Act

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m1
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4
1S
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720
2
M2
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727

Before the end of April of cach 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, including the congressional oversight committee.

SECTION 28, 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 Representative 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
Women and Gender Equality. The Secretariat of the Congressional Oversight Committee
shall come from the existing Secretariat personnel of the Committees of the Senate and the
House of Representatives concerned.

The Committee shall monitor and ensure the effective implementation of this Act,
determine 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.

CHAPTER 9
PENAL PROVISIONS AND PRESCRIPTION OF CRIME

SECTION 29. Penalties and Sanctions — Any person who is found guilty of violating
any Section of this act shall be fined a penalty ranging from One Hundred Thousand Pesos
(PhP100,000.00) to Three Hundred Thousand Pesos (PhP300,000). 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.

This Section shall not prejudice the application of other existing criminal, civil and
administrative liabilities that may be imposed upon the person.

SECTION 30. Non-prescription. - The crimes defined and penalized under this Act, their
prosecution, and the execution of sentences imposed on their account, shall not be subject
to any prescription.

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746
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748,
749.
750
751
152
753
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756
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158
759
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761
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764
165

CHAPTER 10
FINAL PROVISIONS

SECTION 31. Rules and Regulations ~ Unless otherwise provided in this Act, the
Department of Health shall promulgate rules and regulations for the effective
implementation of this Act.

SECTION 32. Appropriations — The amounts appropriated in the current annual General
Appropriations Act for reproductive health and fertility management 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.

SECTION 33. 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 Department of Education, 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.

SECTION 34. 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,

SECTION 35. Repealing Claw:
regulations contrary to or inconsi
amended or modified accordingly.

All laws, decrees, orders, issuances, rules and
{ent with the provisions of this Act are hereby repealed,

SECTION 36. Effectivity. ~ This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of national circulation.

Approved,

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