Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House aill No, 1160

ce RI

Introduced by Hon, Rodolfo G, Biazon

EE

EXPLANATORY NOTE

The 1987 Philippine Constitution guarantees for every human person full respect for
human rights (drt. 2, Sec. 11). It commits the State to protect and promote the right to health of
the people and to instill health consciousness among them (4rt. 2, Sec. 15). The State is also
directed to adopt an integrated and comprehensive approach to health development which shall
endeavor to make essential goods, health and other social services available to all the people at
affordable cost, giving priority for the needs of the underprivileged, sick, clderly, disabled,
women, and children (Art. 8, Sec. 12)

Moreover, the fundamental law of the land gives due cognizance to the particular needs
of women for gender equality (Art. 2, Sec. 14); of the youth to enjoy protection of their physical,
moral, spititual, intellectual, and social well-being (Art, 2 Sec. 13); and of spouses to found a
family in accordance with their religious convictions and the demands of responsible parenthood
(Art. 15, Sec. 14),

But these commitments to human rights, health, women’s empowerment, youth well-
being and responsible parenthood resonate with a discordant note, especially in view of current
reproductive health realities:

Maternal, Infant and Child Health. ‘The country still pegs a high maternal mortality
rate of 162 deaths per 100,000 live births, an infant mortality rate of 24 deaths per 1,000 live
births, and an under-five mortality rate of 32 deaths per 1,000 live births (2006 Family Planning
Survey, National Statistics Office). Ten (10) women die every 24 hours in the country from
causes related to pregnancy and childbirth. The 2006 Family Planning Survey (FPS) reports that
almost three of five married women are at risk of conceiving a child with an elevated risk of
mortality. Data collected by the Department of Health (DOH) show that most maternal deaths
are due to hemorrhage, hypertension and complications from sepsis or widespread infection,


obstructed labor, and complications arising from abortion. High incidence of high-risk births,
inadequate pre-natal care, and lack of information and means to manage complications in
difficult pregnancies account for much of the increased risks of dying during pregnancy and
childbirth

Family Planning. Survey results continue to show high unmet need for family planning.
Based on the 2006 FPS, actual total fertility rate (TFR) of 3.2 is higher than wanted fertility rate
of 2.5. This means that Filipino couples have one more child than they would have wanted.
Unmet need for contraception (for limiting and spacing births) remains high, Same survey
reveals that one in six women wants family planning but is not practicing any family planning
method, The 2003 National and Demographic and Health Survey (NDHS) shows that the
problem revolves around lack of information and access to high-quality family planning services.

The Philippines’ contraceptive prevalence rate is at 50.6% which is low compared to
other Asian countries. More than half (58.1%) of contraceptive users in the country depend on
the government for their supply of contraceptives (2006 Family Planning Survey, NSO). With
the total phase out in the last quarter of 2004 of contraceptive donations from the United States
U.S.), problems related to accessibility and affordability of various contraceptives and other
reproductive health services by the poor who are completely dependent on the free services and
supplies provided by public health facilities are to be expected. Donations from the U.S.
accounted for 80 percent of contraceptive supplies in the Philippines.

Abortion Incidence and Post-abortion Complications. Although illegal, studies
conducted by the UP Population Institute (UPPI) and the Alan Guttmacher Institute states that
473,400 cases of induced abortion were recorded in 2000 from the 400,000 cases in 1994. Out of
all the pregnancies each year, one-third ends up in abortion. Data from private and public
hospitals accredited by the Philippine Obstetrics and Gynecology Society (POGS) show that on
the average, abortions comprise 10 percent of all OB-Gynecology admissions in a year. Nearly
all women having abortions are already married as they comprise 91% of cases of abortion. DOH
records account 12 percent of all maternal deaths in 1994 due to complications related to
abortion, making it the fourth leading cause of maternal deaths in the country.

lence Against Women (VAW). Domestic violence remains a major social concern
that particularly affects women, According to the 1993 Safe Motherhood Survey (SMS), one
woman out of ten experiences physical abuse even while pregnant, Other common forms of
VAW are rape and acts of lasciviousness. About three percent of SMS survey respondents said
they were physically forced to have sex with a man. Of these, more than 60 percent did not seek
help, and most were women in younger age groups (POPCOM 2001). In 2003, there were 7, 203
cases on violence against women that were reported to the Philippine National Police (PNP). The
top three cases include: physical violence/wife battering (4,296), rape (1,045), and acts of
lasciviousness (646) (NSCB, 2003)

Adolescent and Youth Health. The Young Adolescent Fertility and Sexuality Survey IIL
(YAFSS Hl) conducted by the UPI in 2002 show a fairly high incidence of reproductive health
problems and sexual activity among the young. However, the youth generally, do not seek
medical help for their reproductive health problems.



Further, YAFSS HI showed that about 23 percent of the young people (15-24 years old)
are reported to have had pre-marital sex experiences. Almost all (94 percent) who already had
sex said they were unwilling and unprepared to become parents. Furthermore, 40% of the first
premarital sex experiences are without contraception. But a more alarming finding shows that
even succeeding sexual episodes were likewise unprotected. Nearly 70 percent and 68 percent of
last sex episodes among women and men, respectively are not protected. This heightens the risk
of pregnancy among young women as well as risk in contracting sexually transmitted diseases
among young persons. It must be noted that maternal mortality rate among pregnant adolescents
is 2-4 times greater than for women over age 20. Infant mortality rate is also 30 percent higher
for infants born to mothers ages 15-19 than for those women 20 years and older.

Access to accurate and appropriate information and services on the many aspects of
sexual behavior, reproductive health, and sexuality assumes greater importance for this sector in
light of findings that indicate an increase in risky behavior and practices among a significant
segment of the youth population.

Infertility and Sexual Dysfunction. There has been little or no service available to
infertile couples in the country. Services for infertility are provided only by a few training
hospitals in the country. Data on infertility reveals that 10% to 15% of couples are not able to
conceive after a year of unprotected, adequately timed intercourse (WHO, 1986). About 2% of
women are considered infecund (1993 NSMS), while there is no data at all for infertile men.
Infertile couples, particularly in rural areas, resort to traditional rituals and use of herbal
medicines

Reproductive Tract Infections, Sexually Transmitted Diseases, Reproductive Tract
Cancers and Other Gynecological Conditions. The rate of genital tract infections in women,
including sexually transmitted infections (STIs) and AIDS is on the rise. This is also the case
with cancers of the reproductive system particularly breast, cervical and uterine cancers,

Urgent action is particularly needed in the area of HIV-AIDS prevention and
management, as risky patterns of sexual behavior and socio-cultural conditions could very well
precipitate an AIDS epidemic. The National HIV/AIDS Registry of DOH reveals that from 1993
to 2003, the average number of HIV positive cases was 10-15 per month, doubled to 20 cases per
month in 2004 and 2005, and further increased to 30 cases per month between April and June
2006. The potentials for a full-blown epidemic, however, continue to exist. Thus, the country
cannot be complacent on this issue. The risk of exposure to AIDS and other sexually transmitted
diseases is greater for young people who become sexually active early and, therefore, more likely
to change sexual partners (UPPI, 2002). Condom use among the young is still very low while
intercourse with commercial sex workers is on the rise. Among the youth with commercial sex
experiences, only 30% had ever used a condom. Furthermore, there is a low level of awareness
about HIV/AIDS among the youth, Twenty-three (23) percent of the youth think that AIDS is
curable and 60 percent believe that there is no chance for them to contract HIV/AIDS. There is
‘no significant difference between boys and giris in this perception. (Raymundo, 2002).

Male Reproductive Health Disorders, Involvement and Participation. Cases of
testicular and prostate cancers among men, which is the leading cause of cancer deaths in men


20-35 years old and the second most common cancer in men, respectively (Philippine Statistics,
1990-1995) are increasingly becoming a cause for concern. Incidence of prostate cancer has
been increasing from 12.5 per 100,000 males in the period 1980-1982, to 19.6 per 100,000 males
in 1993-1995, Other male RH concerns are sexual dysfunctions such as impotence, pre-mature
ejaculation, and erectile dysfunctions. There is also a need to strengthen reproductive health
programs for men that deal with their participation in household responsibilities and in
promoting their own, as well as women’s health.

Counseling and Education in Sexuality and Sexual Health, The poor reproductive
health situation is aggravated by large and significant sections of the population who are unaware
or misinformed on the nature and proper interventions to address reproductive health problems
and issues. Delegates of the 2001 Regional Youth Summits cited reproductive health as one of
the most neglected areas in survival and development, perceiving a definite problem in the way
the reproductive health of the youth has been handled. They also cite lack of awareness or
information and education among their ranks about reproductive health issues. Foregoing data
also indicate the same problems pertaining to access to information, education and counseling
services on family planning, domestic violence and other reproductive health concerns

Under these conditions, appropriate and immediate responses addressing the Filipino
people’s reproductive health and rights become imperative. This bill was conceptualized with
this goal in mind. It particularly seeks to establish a Reproductive Health Care Program that
recognizes women’s rights and gender equality, and ensures universal access to reproductive
health information, education, and services. Comprehensive reproductive health care includes
measures that promote safe motherhood, care for persons with HIV/AIDS and other STIs,
infertility treatments, and encouragement of male involvement in reproductive health, It further
includes the recognition of the right of all individuals and couples to determine freely and
responsibly the number, spacing and timing of their children, Government should strengthen the
prevention of unwanted pregnancies through access to services and through information and
education on the full range of family planning methods that couples could use in accordance with
their religious, moral, and cultural convictions, and with the demands of responsible parenthood.

‘The right to reproductive health care is protected under the international human rights
instruments such as the Universal Declaration of Human Rights and the International Covenant
on Civil and Political Rights, the Women’s Convention, the International Conference on
Population and Development (ICPD) Programme of Action (POA), and the Fourth World
Conference on Women Platform for Action, among others.

The Convention on the Elimination of All Forms of Discrimination Against Women
provides that State Parties must take “appropriate measures to eliminate discrimination against
women in the field of health care in order to ensure, on a basis of equality of men and women,
access to health care services, including those related to family planning.”

The United Nations’ Committee on the Elimination of Discrimination Against Women
(CEDAW), the body that monitors compliance with the Women’s Convention, declared under its
General Recommendation on Women and Health, 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.”

To reaffirm and pursue decisively the commitments reached at global conferences of the
1990s, member-states of the United Nations met in September 2000 and came up with a
Millennium Declaration. The declaration embodies specific targets and milestones in eliminating
extreme poverty worldwide as well as working for healthy nations. The Millennium Declaration
contains 8 Millennium Development Goals (MDGs), which are set within 2015. Three of the
MDGs are reproductive health related, namely: Goal 4, Reduce child mortality; Goal 5. Improve
Women’s Reproductive Health; and Goal 6, Combat HIV/AIDS, Malaria and Other Diseases

The Philippine government, being member and signatory to these instruments and
instrumentalities, is duty-bound to protect the reproductive health and rights of all Filipinos,
protect the citizenry’s life and health through access to health care and services, and elevate the
role and status of women as able and responsible agents of social and economic development.

Situating the Filipino people’s reproductive health within the context of poverty, gender
inequality and the state of the health care system, the Philippine Government needs to strengthen
the country’s policy and programs on reproductive health care, otherwise women and children
will continue to die, or suffer life-long effects, from what could have been preventable
circumstances.

Having recognized the critical national reproductive health situation, the increasing
demand of Filipino parents, couples, women, men and young adolescents themselves, as well as
the policy gaps and the Philippine government's responsibility to address these, the immediate
passage Of this bill is eammesily soughi.

Lone District, Muntiniupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

FIFTEENTH CONGRESS

First Regular Session
Housé Bil No._ 1169

——

Introduced by Hon. Rodolfo G. Biazon

SS

AN ACT
PROVIDING FOR A NATIONAL POLICY ON REPRODUCTIVE HEALTH AND
FOR OTHER PURPOSES

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

SECTION ONE. Title. - This Act shall be known as the "The Reproductive Health
and Population and Development Act of 2010."

Sec. 2. Declaration of Policy. ~ It is hereby declared the policy of the State to
recognize and guarantee:

(a) the human rights of all persons including the right to equality and equity, the right
to sustainable human development, the right to health which includes reproductive
health, the right to education and the right to choose and make decisions for
themselves in accordance with their religious convictions, cultural beliefs, and the
demands of responsible parenthood; and

(b) the promotion of gender equality, equity and women's empowerment as a health
and human rights concer. The advancement and protection of women's human
rights shall be central to the efforts of the State to address reproductive health
care. As a distinct but inseparable measure to the guarantee of women’s human
rights, the State recognizes and guarantees the promotion of the welfare and rights
of children,

Toward these ends, the State shall guarantee universal access to information and
education, and safe. affordable, quality and non-hazardous reproductive health care services.

‘The State shall address and seek to eradicate discriminatory practices, laws and
policies that infringe on a person's exercise of sexuai and reproductive heaith and rigins.


Sec. 3. Guiding Principles. — This Act declares the following as guidinig principles:

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

b. The state shall guarantee the free exercise of religious belief in the enforcement of
this Act,

c. Since human resource is the principal asset of the country, effective reproductive
health care services must be given primacy to ensure maternal health, birth of
healthy children, their full human development, and the promotion of responsible
parenting.

d_ The provision of medically-safe, accessible, affordable and quality reproductive
health care services is essential in the promotion of people’s right to health,

The state will promote, without bias, all modem methods of family planning,

{The State shall endeavor to promote a program that aims to: (1) enable couples to
have the number of children they desire with due consideration to the health,
particularly of women, and resources available to the family; (2) encourage
‘equitable allocation and utilization of resources; (3) promote effective partnership
‘among the national government, local government units and the private sector in
the design, implementation, coordination, integration, monitoring and evaluation
of people-centered programs towards quality of life and environmental; and (4)
conduct studies to analyze demographic trends towards sustainable human
development.

g Reproductive health must be the joint responsibility of the National Government
and Local Government Units.

h. Active participation by and thorough consultation with non-government
organizations, communities and people’s organizations is crucial (o ensure that
reproductive health and population and development policies, plans, and programs
will address the priority needs of the poor, especially women.

i. While nothing in this Act changes the law on abortion, as abortion remains a
crime and is punishable, the government shall ensure that all women needing care
for post-abortion complications shall be treated and counseled in a humane, non-
judgmental and compassionate manner.

Sec. 4. Definition of Terms. ~ For the purpose of this Act, the following terms shall be
defined as follows

1. “Adolescence” — refers to a life stage of people with age from 10 up to 19.
2. “Adolescent Sexuality” — refers 10, among others, the reproductive system, gender

identity, values or beliefs, emotions, relationships and sexual behavior of young
people as social beings.


10,

“Basic Emergency Obstetric Care ” ~ refers to life-saving services for maternal
complications being provided by a health facility or professional, which must
include the following six signal fictions: administration of parenteral antibiotics:
administration of parenteral oxytocic drugs, administration of parenteral
anticonvulsants for pre-eclampsia and eclampsia, manual removal of placenta;
removal of retained products; and assisted vaginal delivery

‘Comprehensive Emergency Obstetric Care” — refers to basic emergency
obstetric care plus two other signal functions: performance of caesarian section
and blood transfusion.

“Employer” — includes any person acting in the interest of an employer, directly
or indirectly. The term shall not include any labor organization or any of its
officers or agents except when acting as an employer.

‘Family Planning” ~ refers to a program which enables couples and individuals
to decide freely and responsibly the number and spacing of their children and to
have the information and means to do so, and to have informed choice and access
to a full range of safe and effective modem methods of preventing pregnancy.

“Gender Equality” — refers to the absence of discrimination on the basis of a
person's sex in opportunities, in the allocation of resources or benefits. or in
access to services.

“Gender Equity” — refers to fairness and justice in the distribution of benefits and
responsibilities between women and men, and often requires women-specific
projects and programs to end existing inequalities.

“Healthcare Service Providers” — refers to (a) a health care institution, which is
duly licensed and accredited and devoted primarily to the maintenance and
operation of facilities for health promotion, prevention, diagnosis, treatment, and
care of individuals suffering from illness, disease, injury, disability or deformity,
or in need of obstetrical or other medical and nursing care; (b) a health care
professional. who is any doctor of medicine, nurse, or midwife, (c) public
health workers engaged in the delivery of health care services, and (d)
barangay health workers who has undergone training programs under any
accredited government and non-government organization and who
voluntarily renders primarily health care services in the community after
having been accredited to function as such by the local health board in
accordance with the guidelines promulgated by the Department of Health
(DOH)

“Male involvement and participation” — refers to the effort, commitment
and joint responsibility of men with women in all areas of sexual and
reproductive health, as well as the care of reproductive health concems
spectiic to men.


11. “Maternal Death Review ~ refers to a qualitative and in-depth study of the
causes of matemal death with the primary purpose of preventing future
deaths through changes or additions to programs, plans and policies.

12, “Modern Methods of Family Planning ” — refers to safe, effective and legal
methods to prevent pregnancy such as the pill, intra-uterine device (UD),
injectables, condom, ligation, vasectomy, and modem natural family planning
methods include mucus/billing/ovulation, lactational amenorrhea, basal body
temperature and standard days method

13. “Reproductive health” — refers to the state of complete physical, mental and
social wellbeing and not merely the absence of disease or infirmity, in all matters
relating to the reproductive system and to its functions and processes. This implies
that people are able to have a safe sex life, that they have the capability to
reproduce and the freedom to decide if, when and how often to do so, provided
that these are not against the law. This further implies that women and men attain
equal relationships in matters related to sexual relations and reproduction.

14. “Reproductive Health Care” — refers to the access to a full range of methods,
techniques, facilities and services that contribute to reproductive health and well
being by preventing and solving reproductive health-related problems. It also
includes sexual health, the purpose of which is the enhancement of life and
personal relations. The elements of reproductive health care include:

a. maternal, infant and child health and nutrition including breastfeeding:
b. family planning information and services;

¢. prevention and management of post-abortion complications;

d. adolescent and youth reproductive health;

©. prevention and management of reproductive tract infections (RTIs),
HIV/AIDS and other sexually transmittable infections (STIs);

£. elimination of violence against women;
g. education and counseling on sexuality and sexual health;

h. treatment of breast and reproductive tract cancers and other
gynecological conditions and disorders;

i, male involvement and participation in reproductive health; and

j. prevention and treatment of infertility and sexual dysfunction.


15. “Reproductive Health Care Program” ~ refers to the systematic, integrated
provision of reproductive health care services (0 all citizens especially the poor,
marginalized and those in vulnerable situations.

16. “Reproductive iract infection (RT))” — includes sexually transmitted infections,
and other types of infections affecting the reproductive system.

17. “Reproductive Health and Sexuality Education” — refers to the process of
providing complete, accurate and relevant information on all matters relating to
reproductive health.

18, “Reproductive rights” — refers to the rights of individuals and couples, subject to
applicable laws, to: (a) decide freely and responsibly the number, spacing and
timing of their children; (b) make other decisions conceming reproduction free of
discrimination, coercion and violence; (c) have the information and means to do
so; and (4) attain the highest standard of sexual and reproductive health.

19. “Skilled Attendam’” refers to an accredited health professional such asa midwife,
doctor or nurse who has been educated and trained to proficiency in the skills
needed to manage normal or uncomplicated pregnancies, childbirth and the
immediate post-natal period, and in the identification, management and referral of
complications in women and newborns. Traditional Birth Attendants or traditional
midwives-trained or not-are excluded from this category.

20. “Skilled Birth Attendance ” refers to childbirth managed by a skilled attendant
plus the enabling conditions of necessary equipment and support of a functioning
health system, including transport and referral facilities for emergency obstettic
care.

21. “Sustainable Human Development ” refers to bringing people particularly the
poor and vulnerable, at the center of development process, the central purpose of
which is the creation of an enabling environment in which all can enjoy long,
healthy and creative lives, and done in a manner that protects the life opportunities
of future generations and the natural ecosystem on which all life depends.

Sec. 5. Midwives for Skilled Birth Attendance. ~ The Local Government Units (LGUs)
with assistance of the Department of Health (DOH), shall deploy an adequate number of
midwives to achieve a minimum ratio of one (1) fulltime skilled birth attendant for every one
hundred fifly (150) deliveries per year, to be based on the annual number of actual deliveries
or

live births for the past two years.

Sec. 6. Emergency Obstetric Care. - Each province and city shall ensure the
establishment or upgrading of hospitals with adequate and qualified personnel, equipment
and supplies to be able to provide emergency obstetric care. At the very least, for every
500,000 population, there shall be at least one (1) hospital for comprehensive emergency
obstetric care and four (4) hospitals for basic emergency obstetric care.


Sec. 7. Surgical Family Planning. - Modem family planning methods requiring
hospital services shall be available in all national and local government hospitals, except in
specialty hospitals which may render such services on optional basis. For poor patients, such
services shall be fully covered by PhilHealth Insurance and/or government financial
assistance. After the use of any PhilHealth benefit involving childbirth and all other
pregnancy-related service wherein the beneficiary wishes to space or prevent her next
pregnancy, PhilHealth shall pay for the full cost of family planning for the next three (3)
years, Provided, that the beneficiary retains her membership with PhilHealth. The benefit
payments shall be channeled to appropriate local or national government health facilities.

Sec. 8. Maternal Death Review. — All Local Government Units (LGUs), national and
local government hospitals, and other public health units shall conduct annual maternal death
review in accordance with the guidelines to be issued by the DOH.

Sec. 9. Family Planning Supplies as Essential Medicines — Hormonal contraceptives,
intrauterine devices, injectables and other safe, effective and legal family planning products
and supplies shall be included under the category of essential medicines and supplies which
shall form part of the National Drug Formulary and the same shall be included in the regular
purchase of essential medicines and supplies of all national and local hospitals and other
government health units

See. 10. Procurement and Distribution of Family Planning Supplies ~The DOH shall
spearhead the efficient procurement, distribution to LGUs and usage-monitoring of family
planning supplies for the whole country. The DOH shall coordinate with all appropriate LGU
bodies to plan and implement this procurement and distribution program. The supply and
budget allotments shall be based on, among others, the current levels and projections of the
following:

a. number of women of reproductive age and couples who want to space or limit
their children;

b. contraceptive prevalence rate, by type of method used; and
¢. cost of family planning supplies;

Sec. 11, Mobile Health Care Service. — Each Congressional District shall be provided
with a van to be known as the Mobile Health Care Service (MHCS) to deliver health care
goods and services to its constituents, more particularly to the poor and needy. as well as
disseminate knowledge and information on reproductive health. The purchase of such vans
shall be funded from the Priority Development Assistance Fund (PDAF) of each
Congressional District. The subsequent operation and maintenance of the MHCS shall be
subject to an agreement entered into between the district representative and the recipient
province, The MHCS shall be adequately equipped with a wide range of reproductive health
care materials and information dissemination devices and equipment, the latter including but
not limited to a television set for audio-visual presentations. All MHCS shall be operated by
LGUs of provinces and highly urbanized cities.

Sec. 12. Mandatory Age-Appropriate Reproductive Health and Sexuality Education
Reproductive Health and Sexuality Education in an age-appropriate manner shall be taught
by adequately trained teachers siarting from Grade 5 up to Fourth Year High School

é


Reproductive Health and Sexuality Education shall commence at the start of the school year
immediately following one year from the effectivity of this Act. The Department of
Education (DEPED) shall formulate the Sexuality Education curriculum, which shall be
common to both public and private schools, based on but not limited to the following
subjects:

‘a. Knowledge and skills in self-protection against discrimination, sexual violence,
sexual abuse, STIs, HIV and AIDS and teen pregnancy

b. Values formation

¢. Physical, Social and Emotional Changes in Adolescents
4. Children and women’s rights

e. Fertility awareness

£ Population and development education

g Responsible relationship

h, Family planning methods

i, Proscription and hazards of abortion

j. Gender and development

k._ Responsible parenthood

‘The DepEd shall provide concemed parents with adequate and relevant scientific
materials on the age-appropriate topics and manner of teaching reproductive health education
to their children. This shall be complementary lo the parents’ role in rearing their children.
‘Non-formal education programs shall likewise include the above-mentioned Reproductive
Health Education.

Sec. 13. Capability Building of Barangay Health Workers. — Barangay Health
Workers shall undergo training on the promotion of reproductive health and shall receive at
least 10% increase in honoraria upon successful completion of training. The increase in
honoraria shall be funded from the Gender and Development (GAD) budget of the Local
Government Units

Sec. 14. Employers’ Responsibilities. ~ The Department of Labor and Employment
(DOLE) shall ensure that employers respect the reproductive rights of their workers
Employers with less than 200 workers shall enter into partnership with hospitals, health
facilities, and or health professionals in their areas for the delivery-of reproductive health
services, All Collective Bargaining Agreements (CBAs) shall provide for the free delivery of
reasonable reproductive health care services and devices to workers, more particularly the
women. Employers shall also uphold the right of women to know work conditions which


affect their health, particularly those related with their reproductive health. Employers shall
{umish in writing the following information to women employees and applicants

a. The medical and health benefits which workers are entitled to, including maternity
leave benefits and the availability of family planning services;

b. The reproductive health hazards associated with work, including hazards that may
affect their maternal functions; and

¢. The availability of facilities for women which are required under Presidential
Decree No. 442, as amended, also known as the Labor Code, Article 132.

Sec. 15. Multi-Media Campaign. ~ The DOH shall initiate and sustain a heightened
nationwide multi-media campaign to raise the level of public awareness on the protection and
promotion of reproductive health and rights including family planning and population and
development.

See. 16. Implementing Mechanisms. ~ a. Pursuant to the herein declared policy, the
DOH and the Local Health Units shall serve as the lead agency for the implementation of this
Act and shall integrate in their regular operations the following functions:

1, Fully and efficiently implement the Reproductive Health Care Program;

2. Ensure people’s access to medically safe, legal, quality and affordable
reproductive health goods and services;

3. Ensure that reproductive health services are delivered with a full range of
supplies, facilities and equipment and that service providers are adequately trained
for such reproductive health care delivery;

4. Expand the coverage of the Philippine Health Insurance Corporation (PhilHealth),
especially among poor and marginalized women, to include the full range of
reproductive health services and supplies as health insurance benefits:

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

6. Facilitate the involvement and participation of non-government organizations and
the private sector in reproductive health care service delivery and in the
production, distribution and delivery of quality reproductive health and family
planning supplies and commodities to make them accessible and affordable to
ordinary citizens:

7, Furnish local government units with appropriate information and resources to
keep the latter updated on current studies and researches relating to family
pianning, responsibie parentiiood, breastfeeding and infant nutrition; and


8. Perform such other functions necessary to attain the purposes of this Act

b. The POPCOM, as an attached agency of DOH, shall serve as the coordinating body
in the implementation of this Act and shall have the following functions:

1. Integrate on a continuing basis the interrelated reproductive health and population
development agenda into a national policy, taking into account regional and local
concems;

2. Provide the mechanism to ensure active and full participation of the private sector
and the citizenry through their organizations in the planning and implementation
of reproductive health care and population development programs and projects;
and

3. Conduct sustained and effective information drives on sustainable. human
development and on all methods of family planning to prevent unintended,
unplanned and untimed pregnancies.

Sec. 17. Prohibited Acts.

The following acts are prohibited:
a) Any healthcare service provider, whether public or private, who shall:

1. Knowingly withhold information or restrict the dissemination thereof, and/or
intentionally provide incorrect information regarding programs and services on
eproductive health including the right to informed choice and access to a full
range of legal, medically-safe and effective family planning methods, as well as
the information required under Section 14 of this Act;

2, Refuse to perform legal and medically-safe reproductive healthcare and services
on any person of legal age on the ground of lack of third party consent or
authorization. In case of married persons the mutual consent of the spouses shall
be required. However in case of disagreement, the decision of the one undergoing
the procedure shall prevail. In the case of abused minors with parents and/or other
family members as perpetrators as certified to by the Department of Social
Welfare (DSWD) and Development and/or local social welfare offices, no prior
parental consent shall be necessary; and

3. Refuse to extend quality health care services and information on account of the
person’s marital status, gender, sexual orientation, age, religion, personal
circumstances, or nature of work, provided that, the conscientious objection of a
healthcare service provider based on his/her ethical or religious beliefs shall be
respected: however, the conscientious objector shall immediately refer the person
seeking such care and services to another healthcare service provider within the
same facility or one which is conveniently accessible; provided further that the
person is not in an emergency condition or serious case as defined in RA 8344
penalizing the refusal of hospitals and medical clinics to administer appropriate
initiai medicai treatment and support in emergency and serious cases.


b) Any public official with power and authority over any subordinate who shall
prohibit or intentionally restrict provision of legal and medically-safe reproductive healthcare
services, including family planning to such subordinate.

©) Any employer who shall require or cause a female applicant for employment or an
employee to submit herself to sterilization or any contraceptive method, as a condition for
employment or continued employment.

Sec. 18. Penalties. ~ Any violation of this act shall be penalized by imprisonment
ranging from one (1) month to six (6) months or imposed a fine of Twenty Thousand Pesos
(20,000.00) or both such fine and imprisonment at the discretion of the court, provided
that if the offender is a public offical, s/he shall also he administratively liable.

Sec, 19. Reporting Requirements. — Before the end of April each year, the DOH shall
submit an annual report to the President and to the Congress of the Philippines, The report
shall provide the Reproductive Health Program, a definitive and comprehensive assessment
of the implementation of its programs and those of other Goverment agencies and
instrumentalities, civil society and the private sector and recommend appropriate priorities for
executive and legislative actions, The report shall be printed and distributed to all national
agencies, the LGUs, civil society and the private sector organizations involved in said
programs. The annual report shall evaluate the content, implementation, and impact of all
policies related fo reproductive health, and family planning to ensure that such policies
promote, protect and fulfill women’s reproductive health and rights.

Sec. 20. Appropriations. ~ The amounts appropriated in the current annual General
Appropriations Act for reproductive health and family planning under the DOH and
POPCOM shall be allocated and utilized for the implementation of this Act. Such additional
sums necessary to provide for family planning commodity requirements as outlined in Sec. 9,
and for other reproductive health services, shall he included in the subsequent years' General
Appropriations
Act

Sec. 21. Implementing Rules and Regulations. — Within thirty (30) days from the
effectivity of this Act, the Department of Health, National Economic and Development
Authority and Commission on Population shall jointly promulgate, after thorough
consultation with health and national multi-sectoral non-government organizations, the rules
and regulations for the effective implementation of this Act and shall ensure the full
dissemination of the same to the public.

Sec, 22, Separability Clause. - If any part, SEC. or provision of this Act is held
invalid or unconstitutional, other provisions not affected thereby shall remain in force and
effect.

Sec. 23. Repealing Clause. All other laws, decrees, orders, issuances, rules and
regulations which are inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

Sec. 24. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,
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