Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
First Regular Session

committee RePoRTNo.__ 864

Subm) the Committee on Population and Family Relations on
248 ort

Re: House Bill No. 4244

Recommending its approval in substitution of House Bill Nos. 96, 101, 513, 1160,
1520 and 3387

Sponsors: Representatives Espina, Lagman, Garin (J), Bag-Ao, Bello, Biazon,

Syjuco, llagan and De Jesus

Mr. Speaker:

The Committee on Population and Family Relations to which were referred House Bill
No. 96 introduced by Rep. Lagman, entitled:

“AN ACT PROVIDING FOR A NATIONAL POLICY ON

REPRODUCTIVE HEALTH, RESPONSIBLE PARENTHOOD AND
POPULATION DEVELOPMENT, AND FOR OTHER PURPOSES”;

House Bill No. 101 introduced by Rep. Garin, J., entitled

"AN ACT PROVIDING FOR A NATIONAL POLICY ON
REPRODUCTIVE HEALTH AND POPULATION AND DEVELOPMENT,
AND FOR OTHER PURPOSES”,

House Bill No. 513 introduced by Reps. Bag-Ao and Bello, entitled:
“AN ACT PROVIDING FOR A NATIONAL POLICY ON
REPRODUCTIVE HEALTH AND POPULATION AND DEVELOPMENT,
AND FOR OTHER PURPOSES",

House Bill No. 1160 introduced by Rep. Biazon, entitled:

“AN ACT PROVIDING FOR A_ NATIONAL POLICY ON
REPRODUCTIVE HEALTH AND FOR OTHER PURPOSES”;

House Bill No. 1520 introduced by Rep. Syjuco, entitled:


“AN ACT TO PROTECT THE RIGHT OF THE PEOPLE TO INFORMATION
ON REPRODUCTIVE HEALTH CARE”, and

House Bill No. 3387 introduced by Reps. llagan and De Jesus, entitled:

“AN ACT PROVIDING FOR A NATIONAL POLICY ON
REPRODUCTIVE HEALTH FOR WOMEN IN DEVELOPMENT AND
FOR OTHER PURPOSES”.

has considered the same and recommends that the attached House Bill No.
, entitled:

“AN ACT PROVIDING FOR A COMPREHENSIVE POLICY ON
RESPONSIBLE PARENTHOOD, REPRODUCTIVE HEALTH, AND
POPULATION AND DEVELOPMENT, AND FOR OTHER PURPOSES”

be approved in substitution of House Bill Nos. 96, 101, 513, 1160, 1520 and 3387
with Reps. Lagman, Garin (J), Bag-a0, Bello, Biazon, Syjuco, llagan, De Jesus, Go
(AF), Estrella, Binay, Flores (Jr.), Yap (S), Palmones, Baguilat, Banal, Zubiri Ill,
Ortega, Jaafar, Eriguel, Amante-Matba, Leonen-Pizarro, Cagas IV, Escudero III, Dy,
Sahidula, Jalosjos Jr, Arroyo Jr., Lopez, Singson (R), Ferriol, Ferrer (J), Duavit,
Celeste, Casino, Datumanong, Jalosjos (S), Joson, Mendoza (RD), Obillo, Palatino,
Padilla, Pichay, Remulla, Sambar, Suarez, Tinio, Yu, Go (AC), Marcoleta, Aglipay,
Kho, Quibranza-Dimaporo, Belmonte Jr. (V ), Mariano, Colmenares, Farinas,
Singson Jr. (E), Bravo Jr., Fua, Loyola, Cajayon, Radaza, Alcover Jr., Bataoil,
Albano, Ortega (VF), Garin (S), Briones, Arquiza, Catamco, Tomawis, Pangandaman
(MH), Panotes, Cerilles, Alvarez, Batocabe, Cojuangco (EM), Vergara, Avance-
Fuentes, Villafuerte, Paez, Rivera, Diaz, Ping-Ay, Haresco, Lacson-Noel,
Pangandaman (S), Cojuangco (K), Trenas, Tupas Jr., Ocampo, Sema and Castelo
as authors thereof.

Respectfully submitted,

OGELIO JUESHINA, M.D.
‘Chairman
Committee on Population and Family Relations

THE HONORABLE SPEAKER
HOUSE OF REPRESENTATIVES
QUEZON CITY


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Fifteenth Congress
First Regular Session

HOUSE BILL NO.__ 4244

(in substitution of House Bill Nos. 96, 101, 513, 1160, 1520 & 3387)

Introduced by Honorables Edcel C. Lagman, Janette L. Garin, Kaka J. Bag-ao,
Walden Bello, Rodolfo G. Biazon, Augusto Syjuco, Luzviminda llagan, Emerenciana De
Jesus, Arnulfo Fegarido Go, Robert Estrella, Mar-Len Abigail S. Binay, Florencio Tadiar
Flores, Jr., Susan A. Yap, Angelo B. Palmones, Teddy Brawner Baguilat Jr., Jorge
“Bolet” Banal, Jose F. Zubiri Ill, Francis Emmanuel R. Ortega, Nur Gaspar Jaafar,
Eufranio C. Eriguel, M.D., Ma. Angelica M. Amante-Matba, Catalina Leonen-Pizarro,
Marc Douglas Cagas IV, Salvador Escudero lll, Napoleon Dy, Nur-Ana Sahidulla,
Romeo Jalosjos Jr, Ignacio Arroyo Jr, Carol Jayne B. Lopez, Ronald V. Singson,
Abigail C. Ferriol, Jeffrey Padilla Ferrer, Joel Roy Duavit, Jesus “Boying” F. Celeste,
Teddy A. Casifio, Simeon A. Datumanong, Seth F. Jalosjos, Josefina Manuel Joson,
Raymond Democrito C. Mendoza, Reena Concepcion G. Obillo, Raymond V. Palatino,
Carlos Mapili Padilla, Philip Arreza Pichay, Jesus Crispin Catibayan Remulla, Mark
Aeron H. Sambar, Danilo Etorma Suarez, Antonio L. Tinio, Victor Jo Yu, Ana Cristina
Siquian Go, Rodante D. Marcoleta, Emmeline Y. Aglipay, David L. Kho, Imelda
Quibranza-Dimaporo, Vicente Florendo Belmonte Jr, Rafael V. Mariano, Neri
Colmenares, Rodolfo Castro Farifias, Eric Gacula Singson Jr., Narciso Recio Bravo Jr.,
Orlando Bongcawel Fua, Roy Maulanin Loyola, Mary Mitzi Lim Cajayon, Arturo Ompad
Radaza, Pastor M. Alcover Jr., Leopoldo Nalupa Bataoil, Rodolfo B. Albano, Victor
Francisco Campos Ortega, Sharon S. Garin, Nicanor M. Briones, Godofredo V.
Arquiza, Nancy Alaan Catamco, Acmad Tomawis, Mohammed Hussein P.
Pangandaman, Elmer Ellaga Panotes, Aurora Enerio Cerilles, Antonio Chaves Alvarez,
Rodel M. Batocabe, Enrique Murphy Cojuangco, Bernardo Mangaoang Vergara, Daisy
Avance-Fuentes, Luis Robredo Villafuerte, Cresente C. Paez, Michael Angelo C.
Rivera, Antonio Diaz, Jose Ping-ay, Teodorico Haresco, Josephine Veronique Lacson-
Noel, Solaiman Pangandaman, Kimi S. Cojuangco, Jerry Perez Trefias, Niel Causing
Tupas, Jr., Rosenda Ann Ocampo, Bai Sandra A. Sema and Winston “Winnie” Castelo

AN ACT
PROVIDING FOR A COMPREHENSIVE POLICY ON RESPONSIBLE PARENTHOOD,
REPRODUCTIVE HEALTH, AND POPULATION AND DEVELOPMENT, AND FOR
OTHER PURPOSES

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

Page 1 of 23


SECTION 4. Title. - This Act shall be known as the "The Responsible
Parenthood, Reproductive Health and Population and Development Act of 2011."

SEC. 2. - Declaration of Policy. - The State recognizes and guarantees the
exercise of the universal basic human right to reproductive health by all persons,
particularly of parents, couples and women, consistent with their religious convictions,
cultural beliefs and the demands of responsible parenthood. Toward this end, there
shall be no discrimination against any person on grounds of sex, age, religion, sexual
orientation, disabilities, political affiliation and ethnicity.

Moreover, the State recognizes and guarantees the promotion of gender
equality, equity and women's empowerment as a health and human rights concern. The
advancement and protection of women’s 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 rights, the State recognizes and guarantees the promotion of the
welfare and rights of children.

The State likewise guarantees universal access to medically safe, legal,
affordable, effective and quality reproductive health care services, methods, devices,
supplies and relevant information and education thereon even as it prioritizes the needs
of women and children, among other underprivileged sectors

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

SEC. 3. Guiding Principles. - The following principles constitute the framework
upon which this Act is anchored:

(a) Freedom of choice, which is central to the exercise of right, must be fully

guaranteed by the State;

Page 2 of 23


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

(c) Since human resource is among the principal assets of the country.
maternal health, safe delivery of healthy children and their full human development and
responsible parenting must be ensured through effective reproductive health care;

(d) The provision of medically safe, legal, accessible, affordable and effective
reproductive health care services and supplies is essential in the promotion of people's
right to health, especially of the poor and marginalized:

(e) The State shall promote, without bias. all effective natural and modern
methods of family planning that are medically safe and legal;

(f) The State shall promote programs that: (1) enable couples, individuals
and women to have the number of children and reproductive spacing they desire with
due consideration to the health of women and resources available to them; (2) achieve
equitable allocation and utilization of resources; (3) ensure effective partnership among
the national government, the local govemment units and the private sector in the
design, implementation, coordination, integration, monitoring and evaluation of people-
centered programs to enhance quality of life and environmental protection; (4) conduct
studies to analyze demographic trends towards sustainable human development and
(5) conduct scientific studies to determine safety and efficacy of alternative medicines
and methods for reproductive health care development;

(9) The provision of reproductive health information, care and supplies shall
be the joint responsibility of the National Government and the Local Government Units

(LGUs);

Page 3 of 23


(h) Active participation by non-government, women's, peopie’s, civil society
organizations and communities is crucial to ensure that reproductive health and
population and development policies, plans, and programs will address the priority
needs of the poor, especially women:

(

government shall ensure that all women needing care for post-abortion complications

i) While this Act recognizes that abortion is illegal and punishable by law, the

shall be treated and counseled in a humane, non-judgmental and compassionate
manner;

() There shall be no demographic or population targets and the mitigation of
the population growth rate is incidental to the promotion of reproductive health and
sustainable human development;

(k) Gender equality and women empowerment are central elements of
reproductive health and population and development;

(l) The limited resources of the country cannot be suffered to be spread so
thinly to service a burgeoning multitude making allocations grossly inadequate and
effectively meaningless:

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

(n) That a comprehensive reproductive health program addresses the needs
of people throughout their life cycle.

SEC. 4. Definition of Terms. - For the purposes of this Act, the following terms

shall be defined as follows:

Page 4 of 23


Adolescence refers to the period of physical and physiological development of
an individual from the onset of puberty to complete growth and maturity which usually
begins between eleven (11) to thirteen (13) years and terminating at eighteen (18) to
twenty (20) years of age:

Adolescent Sexuality refers to, among others, the reproductive system, gender
identity, values and beliefs, emotions, relationships and sexual behavior at
adolescence;

AIDS (Acquired Immune Deficiency Syndrome) refers to a condition
characterized by a combination of signs and symptoms, caused by Human
Immunodeficiency Virus (HIV) which attacks and weakens the body's immune system,
making the afflicted individual susceptible to other life-threatening infections;

Anti-Retroviral Medicines (ARVs) refer to medications for the treatment of
infection by retroviruses, primarily HIV;

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

Comprehensive Emergency Obstetric Care refers to basic emergency
obstetric care including deliveries by surgical procedure (caesarian section) and blood
transfusion;

Employer refers to any natural or juridical person who hires the services of a
worker. The term shall not include any labor organization or any of its officers or agents

except when acting as an employer:
Page 5 of 23.


Family Planning refers to a program which enables couples, individuals and

women to decide freely and responsibly the number and spacing of their children,
acquire relevant information on reproductive health care, services and supplies and
have access to a full range of safe, legal, affordable, effective natural and modern
methods of limiting and spacing pregnancy;

Gender Equality refers to the absence of discrimination on the basis of a
person's sex, sexual orientation and gender identity in opportunities, allocation of
resources or benefits and access to services,

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

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

HIV (Human Immunodeficiency Virus) refers to the virus which causes AIDS;

Male Responsibility refers to the involvement, commitment, accountability, and

responsibility of males in relation to women in all areas of sexual and reproductive
Page 6 of 23


health as well as the protection and promotion of reproductive health concerns specific
to men;

Maternal Death Review refers to @ qualitative and in-depth study of the causes
of maternal death with the primary purpose of preventing future deaths through changes
or additions to programs, plans and policies;

Modern Methods of Family Planning refer to safe, effective and legal methods,
whether the natural, or the artificial that are registered with the Food and Drug
Administration (FDA) of the DOH, to prevent pregnancy;

People Living with HIV (PLWH) refer to individuals who have been tested and
found to be infected with HIV:

Poor refers to members of households identified as poor through the National
Household Targeting System for Poverty Reduction by the Department of Social
Welfare and Development (DSWD) or any subsequent system used by the national
government in identifying the poor.

Population and Development refers to @ program that aims to: (1) help couples
and parents achieve their desired family size; (2) improve reproductive health of
individuals by addressing reproductive health problems; (3) contribute to decreased
maternal and infant mortality rates and early child mortality; (4) reduce incidence of
teenage pregnancy; and (5) recognize the linkage between population and sustainable
human development;

Reproductive Health refers to the state of complete physical, mental and social
well-being and not merely the absence of disease or infirmity, in all matters relating to
the reproductive system and to its functions and processes;

Reproductive Health Care refers to the access to a full range of methods,

facilities, services and supplies that contribute to reproductive health and well-being by
Page 7 of 23,


preventing and solving reproductive health-related problems.

It also includes sexual

health, the purpose of which is the enhancement of life and personal relations. The

elements of reproductive health care include the following:

(a)
(b)
(c)
(d)
(e)

(
(9)
(h)

(i)
(i)
(k)
()

family planning information and services;
maternal, infant and child health and nutrition, including breastfeeding;
proscription of abortion and management of abortion complications;
adolescent and youth reproductive health;

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

elimination of violence against women;

education and counseling on sexuality and reproductive health;

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

male responsibility and participation in reproductive health;

prevention and treatment of infertility and sexual dysfunction;

reproductive health education for the adolescents; and

mental health aspect of reproductive health care;

Reproductive Health Care Program refers to the systematic and integrated

provision of reproductive health care to all citizens especially the poor, marginalized and

those in vulnerable and crisis situations;

Reproductive Health Rights refer to the rights of couples, individuals and

women to decide freely and responsibly whether or not to have children; to determine

the number, spacing and timing of their children; to make decisions concerning

feproduction free of discrimination, coercion and violence; to have relevant information;

and to attain the highest condition of sexual and reproductive health;

Page 8 of 23


v

Reproductive Health and Sexuality Education refers to a lifelong learning
process of providing and acquiring complete, accurate and relevant information and
education on reproductive health and sexuality through life skills education and other
approaches;

Reproductive Tract Infection (RTI) refers to sexually transmitted infections, and
other types of infections affecting the reproductive system:

Responsible Parenthood refers to the will, ability and commitment of parents to
adequately respond to the needs and aspirations of the family and children by
responsibly and freely exercising their reproductive health rights;

Sexually Transmitted Infection (STI) refers to any infection that may be
acquired or passed on through sexual contact;

Skilled Attendant refers to an accredited health professional, such as_ midwife,
doctor or nurse, who has been educated and trained in the skills needed to manage
normal (uncomplicated) pregnancies, childbirth and the immediate postnatal period, and
in the identification, management and referral of complications in women and newborns,
to exclude traditional birth attendant or midwife (hilot), whether trained or not;

Skilled Birth Attendance refers to childbirth managed by a skilled attendant
including the enabling conditions of necessary equipment and support of a functioning
health system, and the transport and referral facilities for emergency obstetric care; and

Sustainable Human Development refers to bringing people, particularly the
poor and vulnerable, to the center of development process, the central purpose of which
is the creation of an enabling environment in which all can enjoy long, healthy and
productive lives, and done in a manner that promotes their rights and protects the life

opportunities of future generations and the natural ecosystem on which all life depends.

Page 9 of 23


SEC. 5. Midwives for Skilled Attendance. - The LGUs with the assistance of
the DOH, shall employ an adequate number of midwives through regular employment or
service contracting, subject to the provisions of the Local Government Code, to achieve
a minimum ratio of one (1) fulltime skilled birth attendant for every one hundred fifty
(150) deliveries per year, to be based on the annual number of actual deliveries or live
births for the past two (2) years; Provided, That people in geographically isolated and
depressed areas shall be provided the same level of access

SEC. 6. Emergency Obstetric and Neonatal Care. - Each province and city,
with the assistance of the DOH, shall establish or upgrade hospitals with adequate and
qualified personnel, equipment and supplies to be able to provide emergency obstetric
and neonatal care. For every five-hundred thousand (500,000) population, there shall
be at least one (1) hospital with comprehensive emergency obstetric and neonatal care
and four (4) hospitals or other health facilities with basic emergency obstetric and
neonatal care; Provided, That people in geographically isolated and depressed areas
shall be provided the same level of access.

SEC. 7. Access to Family Planning. - All accredited health facilities shall
provide a full range of modern family planning methods, except in specialty hospitals
which may render such services on an optional basis. For poor patients, such services
shall be fully covered by the Philippine Health Insurance Corporation (PhilHealth) and/or
government financial assistance on a no balance billing.

After the use of any PhilHealth benefit involving childbirth and all other
pregnancy-related services, if the beneficiary wishes to space or prevent her next
pregnancy, PhilHealth shall pay for the full cost of family planning.

SEC. 8. Maternal and Newborn Health Care in Crisis Situations. - The LGUs

and the DOH shall ensure that a Minimum Initial Service Package (MISP) for
Page 10 of 23


reproductive health, including maternal and neonatal health care kits and services as
defined by the DOH, will be given proper attention in crisis situations such as disasters

and humanitarian crises. The MISP shall become part of all responses by national

agencies at the onset of crisis and emergencies.

Temporary facilities such as evacuation centers and refugee camps shall be
equipped to respond to the special needs in the following situations: normal and
complicated deliveries, pregnancy complications, miscarriage and post-abortion
complications, spread of HIV/AIDS and STIs, and sexual and gender-based violence

SEC. 9. Maternal Death Review. - All LGUs, national and local government
hospitals, and other public health units shall conduct annual maternal death review in
accordance with the guidelines set by the DOH.

SEC. 10. Family Planning Supplies as Essential Medicines. — Products and
supplies for modem family planning methods shall be part of the National Drug
Formulary and the same shall be included in the regular purchase of essential
medicines and supplies of all national and local hospitals and other government health
units

SEC. 11. Procurement and Distribution of Family Planning Supplies. - The
DOH shall spearhead the efficient procurement, distribution to LGUs and usage-
Monitoring of family planning supplies for the whole country. The DOH shall coordinate
with all appropriate LGUs to plan and implement this procurement and distribution
program. The supply and the budget allotment shall be based on, among others, the
current levels and projections of the following

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

(b) contraceptive prevalence rate, by type of method used; and
Page 11 of 23


(c) cost of family planning supplies.

SEC 12. Integration of Responsible Parenthood and Family Planning
Component in Anti-Poverty Programs. - A multidimensional approach shall be
adopted in the implementation of policies and programs to fight poverty. Towards this
end, the DOH shall endeavor to integrate @ responsible parenthood and family planning
component into alll antipoverty and other sustainable human development programs of
government, with corresponding fund support. The DOH shall provide such programs
technical support, including capacity-building and monitoring.

SEC. 13. Roles of Local Government in Family Planning Programs. - The
LGUs shall ensure that poor families receive preferential access to services
commodities and programs for family planning. The role of Population Officers at
municipal, city and barangay levels in the family planning effort shall be strengthened.
The Barangay Health Workers and volunteers shall be capacitated to give priority to
family planning work.

SEC. 14. Benefits for Serious and Life-Threatening Reproductive Health
Conditions. - All serious and life-threatening reproductive health conditions such as
HIV and AIDS, breast and reproductive tract cancers, obstetric complications, and
menopausal and post-menopausal related conditions shall be given the maximum
benefits as provided by PhilHealth programs.

SEC. 15. Mobile Health Care Service. - Each Congressional District may be
provided with at least one (1) Mobile Health Care Service (MHCS) in the form of a van
or other means of transportation appropriate to coastal or mountainous areas. The
MHCS shall deliver health care supplies and services to constituents, more particularly
to the poor and needy, and shall be used to disseminate knowledge and information on

reproductive health. The purchase of the MHCS may be funded from the Priority
Page 12 of 23


Development Assistance Fund (PDAF) of each congressional district. The operation
and maintenance of the MHCS shall be operated by skilled health providers and
adequately equipped with a wide range of reproductive health care materials and
information dissemination devices and equipment, the latter including, but not limited to,
a television set for audiovisual presentations. All MHCS shall be operated by a focal
city or municipality within a congressional district

SEC. 16. Mandatory Age-Appropriate Reproductive Health and Sexuality
Education. - Age-appropriate Reproductive Health and Sexuality Education shall be
taught by adequately trained teachers in formal and non-formal education system
starting from Grade Five up to Fourth Year High Schoo! using life skills and other
approaches, The Reproductive Health and Sexuality Education shall commence at the
start of the school year immediately following one (1) year from the effectivity of this Act
to allow the training of concerned teachers. The Department of Education (DepEd), the
Commission on Higher Education (CHED), the Technical Education and Skills
Development Authority (TESDA), the DSWD, and the DOH shall formulate the
Reproductive Health and Sexuality Education curriculum. Such curriculum shall be
common to both public and private schools, out of school youth, and enrollees in the
Alternative Learning System (ALS) based on, but not limited to, the psychosocial and
the physical wellbeing, the demography and reproductive health, and the legal aspects
of reproductive health.

Age-appropriate Reproductive Health and Sexuality Education shall be integrated
in all relevant subjects and shall include, but not limited to, the following topics:

(a) Values formation;

(b) | Knowledge and skills in self protection against discrimination, sexual

violence and abuse, and teen pregnancy;
Page 13 of 23


(c) Physical, social and emotional changes in adolescents;

(a) Children’s and women’s rights;

(e) Fertility awareness;

(f) — STI, HIV and AIDS;

(9) Population and development,

(h) _ Responsible relationship;

(i) Family planning methods;

(i) Proscription and hazards of abortion;

(k) | Gender and development; and

()) Responsible parenthood.

The DepEd, CHED, DSWD, TESDA, and DOH shall provide concerned parents
with adequate and relevant scientific materials on the age-appropriate topics and
manner of teaching Reproductive Health and Sexuality Education to their children.

SEC. 17. Additional Duty of the Local Population Officer. - Each Local
Population Officer of every city and municipality shall furnish free instructions and
information on responsible parenthood, family planning, breastfeeding, infant nutrition
and other relevant aspects of this Act to all applicants for marriage license. In the
absence of a local Population Officer, a Family Planning Officer under the Local Health
Office shalll discharge the additional duty of the Population Officer.

SEC. 18. Certificate of Compliance. — No marriage license shall be issued by
the Local Civil Registrar unless the applicants present a Certificate of Compliance
issued for free by the local Family Planning Office certifying that they had duly received
adequate instructions and information on responsible parenthood, family planning,

breastfeeding and infant nutrition.

Page 14 of 23


SEC. 19. Capability Building of Barangay Health Workers. - Barangay Health
Workers and other community-based health workers shall undergo training on the
promotion of reproductive health and shall receive at least 10% increase in honoraria,
upon successful completion of training

SEC. 20. Ideal Family Size. - The State shall assist couples, parents and
individuals to achieve their desired family size within the context of responsible
parenthood for sustainable development and encourage them to have two children as
the ideal family size. Attaining the ideal family size is neither mandatory nor compulsory.
No punitive action shall be imposed on parents having more than two children.

SEC. 21. Employers’ Responsibilities. - The Department of Labor and
Employment (DOLE) shall ensure that employers respect the reproductive rights of
workers. Consistent with the intent of Article 134 of the Labor Code, employers with
more than two hundred (200) employees shall provide reproductive health services to
all employees in their own respective health facilities. Those with less than two hundred
(200) workers shall enter into partnerships with hospitals, health facilities, or health
professionals in their areas for the delivery of reproductive health services.

Employers shall furnish in writing the following information to all employees and
applicants:

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

(b) | The reproductive health hazards associated with work, including those
that may affect their reproductive functions especially pregnant women; and

(c) The availability of health care facilities for workers.

Employers are obliged to monitor pregnant working employees among their

workforce and ensure that they are provided paid half-day prenatal medical leave for
Page 15 of 23


we

each month of pregnancy period that the pregnant employee is employed in their
company or organization. These paid prenatal medical leave shall be reimbursable from
the Social Security System (SSS) or the Government Service Insurance System (GSIS),
as the case may be.

SEC. 22. Pro Bono Services for Indigent Women. - Private and non-
government reproductive health care service providers, including but not limited to
gynecologists and obstetricians, are mandated to provide at least forty-eight (48) hours
annually of reproductive health services, ranging from providing information and
education to rendering medical services, free of charge to indigent and low income
patients, especially to pregnant adolescents. The forty-eight (48) hours annual pro bono
services shall be included as pre-requisite in the accreditation under the PhilHealth.

SEC. 23. Sexual And Reproductive Health Programs For Persons With
Disabilities (PWDs). - The cities and municipalities must ensure that barriers to
reproductive health services for PWDs are obliterated by the following

(a) providing physical access, and resolving transportation and proximity
issues to clinics, hospitals and places where public health education is provided,
contraceptives are sold or distributed or other places where reproductive health services
are provided.

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

(c) increasing access to information and communication materials on sexual
and reproductive health in braille, large print, simple language, and pictures;

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

healthcare providers; and

Page 16 of 23


(e) undertaking activities to raise awareness and address misconceptions among
the general public on the stigma and their lack of knowledge on the sexual and
reproductive health needs and rights of PWDs.

SEC. 24. Right to Reproductive Health Care Information. - The government
shall guarantee the right of any person to provide or receive non-fraudulent information
about the availability of reproductive health care services, including family planning, and
prenatal care.

The DOH and the Philippine Information Agency (PIA) shall initiate and sustain a
heightened nationwide multimedia campaign to raise the level of public awareness of
the protection and promotion of reproductive health and rights including family planning
and population and development

SEC. 25. Implementing Mechanisms. - Pursuant to the herein declared policy,
the DOH and the Local Health Units in cities and municipalities shall serve as the lead
agencies for the implementation of this Act and shall integrate in their regular operations
the following functions:

(a) Ensure full and efficient implementation of the Reproductive Health Care
Program;

(b) Ensure people's access to medically safe, legal, effective, quality and
affordable reproductive health supplies and services:

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

(d) Take active steps to expand the coverage of the National Health
Insurance Program (NHIP), especially among poor and marginalized women, to include

the full range of reproductive health services and supplies as health insurance benefits;
Page 17 of 23


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

(f)  Promulgate a set of minimum reproductive health standards for public
health facilities, which shall be included in the criteria for accreditation. These minimum
reproductive health standards shall provide for the monitoring of pregnant mothers, and
@ minimum package of reproductive health programs that shall be available and
affordable at all levels of the public health system except in specialty hospitals where
such services are provided on optional basis:

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

(h) Furnish LGUs with appropriate information and resources to keep them
updated on current studies and researches relating to responsible parenthood, family
planning, breastfeeding and infant nutrition; and

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

The Commission on Population (POPCOM), as an attached agency of DOH,
shall serve as the coordinating body in the implementation of this Act and shall have the
following functions:

(a) Integrate on a continuing basis the interrelated reproductive health and
population development agenda consistent with the herein declared national policy,

taking into account regional and local concerns;

Page 18 of 23


wv

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

(c) Conduct sustained and effective information drives on sustainable human
development and on all methods of family planning to prevent unintended, unplanned
and mistimed pregnancies

SEC. 26. Reporting Requirements. - Before the end of April of each year, the
DOH shall submit an annual report to the President of the Philippines, the President of
the Senate and the Speaker of the House of Representatives (HOR). The report shall
provide a definitive and comprehensive assessment of the implementation of its
programs and those of other government agencies and instrumentalities, civil society
and the private sector and recommend appropriate priorities for executive and
legislative actions. The report shall be printed and distributed to all national agencies,
the LGUs, civil society and the private sector organizations involved in said programs

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

SEC. 27. Congressional Oversight Committee (COC). - There is hereby
created a COC composed of five (5) members each from the Senate and the HOR. The
members from the Senate and the HOR shall be appointed by, the Senate President
and the Speaker, respectively, based on proportional representation of the parties or

coalition therein with at least one (1) member representing the Minority

Page 19 of 23


The COC shall be headed by the respective Chairs of the Committee on Youth,

Women and Family Relations of the Senate and the Committee on Population and

Family Relations of the HOR. The Secretariat of the COC shall come from the existing

Secretariat personnel of the Senate’ and of the HOR’ committees concerned.

The COC shall monitor and ensure the effective implementation of this Act,

determine the inherent weakness and loopholes in the law, recommend the necessary

remedial legislation or administrative measures and perform such other duties and

functions as may be necessary to attain the objectives of this Act

SEC. 28. Prohibited Acts. - The following acts are prohibited:

(a)

Any healthcare service provider, whether public or private, who shall
(1) Knowingly withhold information or restrict the dissemination
thereof, or intentionally provide incorrect information regarding programs
and services on reproductive health, including the right to informed choice
and access to a full range of legal, medically safe and effective family
planning methods;
(2) Refuse to perform legal and medically safe reproductive

lth procedures on any person of legal age on the ground of lack of

third party consent or authorization. In case of married persons, the
mutual consent of the spouses shall be preferred. However in case of
disagreement, the decision of the one undergoing the procedure shall
prevail. In the case of abused minors where parents or other family
members are the respondent, accused or convicted perpetrators as
certified by the proper prosecutorial office or court, no prior parental

consent shall be necessary; and

Page 20 of 23


(3) Refuse to extend 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 who is willing to provide the requisite
information and services; Provided, further, That the person is not in an
emergency condition or serious case as defined under Republic Act (RA)
8344 otherwise known as “An Act Penalizing the Refusal of Hospitals and
Medical Clinics to Administer Appropriate Initial Medical Treatment and
Support in Emergency and Serious Cases”.

(b) Any public official who, personally or through a subordinate, prohibits or
restricts the delivery of legal and medically safe reproductive health care services,
including family planning; or forces, coerces or induces any person to use such
services

(c) Any employer or his representative who shall require an employee or
applicant, as a condition for employment or continued employment, to undergo
sterilization or use or not use any family planning method; neither shall pregnancy be 2
ground for non-hiring or termination of employment

(d) Any person who shall falsify @ certificate of compliance as required in
Section 15 of this Act; and

(e) Any person who maliciously engages in disinformation about the intent or

provisions of this Act.
Page 21 of 23


21
22
2
24

SEC. 29. Penalties. - Any violation of this Act or commission of the foregoing
prohibited acts shall be penalized by imprisonment ranging from one (1) month to six (6)
months or a fine of Ten Thousand (P 10,000.00) to Fifty Thousand Pesos (P 50,000.00)
or both such fine and imprisonment at the discretion of the competent court; Provided
That, if the offender is a public official or employee, he or she shall suffer the accessory
penalty of dismissal from the government service and forfeiture of retirement benefits. If
the offender is a juridical person, the penalty shall be imposed upon the president or
any responsible officer. An offender who is an alien shall, after service of sentence, be
deported immediately without further proceedings by the Bureau of Immigration.

SEC. 30. Appropriations. - The amounts appropriated in the current annual
General Appropriations Act (GAA) for Family Health and Responsible Parenting under
the DOH and POPCOM shall be allocated and utilized for the initial implementation of
this Act. Such additional sums necessary to implement this Act; provide for the
upgrading of facilities necessary to meet Basic Emergency and Obstetric Care and
Comprehensive Emergency and Obstetric Care standards; train and deploy skilled
health providers; procure family planning supplies and commodities as provided in Sec.
6, and implement other reproductive health services, shall be included in the
subsequent GAA.

SEC. 31. Implementing Rules and Regulations (IRR). — Within sixty (60) days
from the effectivity of this Act, the Secretary of the DOH shall formulate and adopt
amendments to the existing rules and regulations to carry out the objectives of this Act,
in consultation with the Secretaries of the DepEd, the Department of Interior and Local
Government (DILG), the DOLE, the DSWD, the Director General of the National
Economic and Development Authority (NEDA), and the Commissioner of CHED, the

Executive Director of the Philippine Commission on Women (PCW), and two NGOs or
Page 22 of 23


Peoples’ Organizations (POs) for women. Full dissemination of the IRR to the public

shall be ensured.

SEC. 32. Separability Clause. - If any part or provision of this Act is held invalid
or unconstitutional, other provisions not affected thereby shall remain in force and

effect.

SEC. 33. Repealing Clause. - All other laws, decrees, orders, issuances, rules
and regulations which are inconsistent with the provisions of this Act are hereby

repealed, amended or modified accordingly.

SEC. 34. Effectivity. - This Act shall take effect fifteen (15) days after its
Publication in at least two (2) newspapers of general circulation.

Approved,

Page 23 of 23


FACT SHEET

Substitute to
House Bill Nos. 96, 101, 513, 1160, 1520 and 3387
(Approved by the Committee)

AN ACT
PROVIDING FOR A NATIONAL POLICY ON RESPONSIBLE
PARENTHOOD, REPRODUCTIVE HEALTH AND POPULATION AND
DEVELOPMENT, AND FOR OTHER PURPOSES

Introduced by: Honorables Edcel C. Lagman, Janette L. Garin, M.D., Arlene J.
Bag-ao, Walden F. Bello, Rodolfo G. Biazon, Augusto L. Syjuco, Jr., , Luzviminda llagan,
Emerenciana De Jesus, Arnulfo Fegarido Go, Robert Estrella, Mar-Len Abigail S. Binay,
Florencio Tadiar Flores, Jr, Susan A. Yap, Angelo B. Palmones, Teddy Brawner Baguilat
Jr., Jorge “Bolet” Banal, Jose F. Zubiri Ill, Francis Emmanuel R. Ortega, Nur Gaspar
Jaafar, Eufranio C. Eriguel, M.D., Ma. Angelica M. Amante-Matba, Catalina Leonen-
Pizarro, Marc Douglas Cagas IV, Salvador Escudero Illl, Napoleon Dy, Nur-Ana Sahidulla,
Romeo Jalosjos Jr, Ignacio Arroyo Jr., Carol Jayne B. Lopez, Ronald V. Singson, Abigail
C. Ferriol, Jeffrey Padilla Ferrer, Joel Roy Duavit, Jesus “Boying” F. Celeste, Teddy A.
Casino, Simeon A. Datumanong, Seth F. Jalosjos, Josefina Manuel Joson, Raymond
Democrito C. Mendoza, Reena Concepcion G. Obillo, Raymond V. Palatino, Carlos Mapili
Padilla, Philip Arreza Pichay, Jesus Crispin Catibayan Remulla, Mark Aeron H. Sambar,
Danilo Etorma Suarez, Antonio L. Tinio, Victor Jo Yu, Ana Cristina Siquian Go, Emmeline
Y. Aglipay, David L. Kho, Imelda Quibranza-Dimaporo, Vicente Florendo Belmonte Jr.,
Rafael V. Mariano, Neri Colmenares, Rodolfo Castro Farifias, Eric Gacula Singson Jr.,
Narciso Recio Bravo Jr., Orlando Bongcawel Fua, Roy Maulanin Loyola, Mary Mitzi Lim
Cajayon, Arturo Ompad Radaza, Pastor M. Alcover Jr., Leopoldo Nalupa Bataoil, Rodolfo
B. Albano, Victor Francisco Campos Ortega, Sharon S. Garin, Nicanor M. Briones,
Rodante D. Marcoleta, Godofredo V. Arquiza, Nancy Alaan Catamco, Acmad Tomawis,
Mohammed Hussein P. Pangandaman, Elmer Ellaga Panotes, Aurora Enerio Cerilles,
Antonio Chaves Alvarez, Rodel M. Batocabe, Enrique Murphy Cojuangco, Bernardo
Mangaoang Vergara, Daisy Avance-Fuentes, Luis Robredo Villafuerte, Cresente C. Paez,
Michael Angelo C. Rivera, Antonio Diaz, Jose Ping-ay, Teodorico Haresco, Josephine
Veronique Lacson-Noel, Solaiman Pangandaman, Kimi S. Cojuangco, Jerry Perez Trefias,
Niel Causing Tupas, Jr, Rosenda Ann Ocampo, Bai Sandra A. Sema and Winston
“Winnie” Castelo

Committee Referral: COMMITTEE ON POPULATION AND FAMILY RELATIONS
Committee Chairperson: HON. ROGELIO J. ESPINA, M.D.

OBJECTIVES:

* _ To integrate a responsible parenthood and family planning component into all anti-
Poverty and other sustainable human development programs of the government
and promote people's right to health, especially the poor and marginalized


To uphold the basic right of couples and individuals to decide freely and
responsibly the number of children they may have and the reproductive spacing
they will adopt, and to provide the information, education, and access to medically
safe, legal, affordable, effective, and quality reproductive health care services,
methods, devices, supplies and relevant information thereon.

* To ensure effective partnership among the national government, local government
units (LGUs) and private sector in the design, implementation, coordination,
integration, monitoring and evaluation of people-centered programs to enhance
quality of life and environmental protection

KEY PROVISIONS:

Mandates the Department of Health (DOH) to spearhead the efficient procurement,
distribution to LGUs and usage-monitoring of medically safe, legal, accessible,
affordable and effective reproductive health care services and supplies nationwide

+ Provides for the creation of an enabling environment for the poor and vulnerable in
which all can enjoy long, healthy and productive lives that will promote their rights
and protects the life opportunities of future generations.

+ Provides for a matemal death review in the LGUs, the national and local
government hospitals and other public health units to decrease the incidence of
maternal deaths.

* Provides Mandatory Age-appropriate Reproductive Health and Sexuality Education
starting from Grade Five to Fourth Year High School to develop the youth into
responsible adults.

* Provides for a Mobile Health Care Service in Every Congressional District to
deliver health care supplies and services to be used to disseminate knowledge and
information on reproductive health particularly to the poor and needy

* Considers products and supplies for modem family planning methods 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 goverment health units.

* Mandates the inclusion of the topics on family planning, responsible parenthood,
breastfeeding and infant nutrition as essential part of the free instruction and
information to be given by the Local Population Officer of every city or municipality
to all applicants for marriage license.

* Mandates no less than 10% increase in honoraria for Barangay Health Workers,
upon successful completion of training.


Penalizes the violator of this Act by imprisonment ranging from one (1) month to
six (6) months or a fine of Ten Thousand (P10,000.00) to Fifty Thousand Pesos
(P50,000.00) or both such fine and imprisonment at the discretion of the Court.

Tasks the DOH, the Department of Education (DepEd), the Department of Interior
and Local Government (DILG), the National Economic Development Authority
(NEDA), the Department of Labor and Employment (DOLE), the Department of
Social Welfare and Development (DSWD), the Commission on Higher Education
(CHED) and the Philippine Commission on Women (PCW), in consultation with
government, women’s, people's, and civil society organizations to jointly
promulgate the rules and regulations of this Act.

Appropriates current annual General Appropriations Act (GAA) for Family Health
and Responsible Parenting under the DOH and POPCOM in the initial
implementation of this Act and thereafter, such additional sums necessary shall be
included in the subsequent GAA.

RELATED LAW:

Sections 12 and 15, Article I! of the Constitution of the Republic of the Philippines


4

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
Fifteenth Congress
First Regular Session

FOR : THE HONORABLE SPEAKER.
THRU : THE DEPUTY SECRETARY GENERAL loser tt
FOR COMMITTEE AFFAIRS

SPOT REPORT ON THE MEETING OF THE COMMITTEE ON
POPULATION AND FAMILY RELATIONS HELD ON 31 JANUARY 2011,
1:30 A.M., CONFERENCE ROOMS "384"

Approvel of Measure’
Substitute Bill (Responsible Parenthood, Reproductive Health end Population and
Development Act of 207 *)

Agreement reached:

o To request comments from the Committee on Appropriations on the
appropriation provision

Noted by:

Prepared by:

Ph MAG ha

Committee Secretary

AGAYUNA, JR.

Cc: The Deputy Speaker
The Chairperson, Committee on Rules Le ay
The Secretary General
The Executive Director, Cad —~ Co

‘The Deputy Executive Director, CAD
The Service Director, CASS om

u
ede bee: dy

trae Tr DPUT) &rErKe
| Bi A. Bao


Republi of te Blippimes
House of Representatives
Quezon City, Metra Manila

HON. JOSEPH EMILIO A. ABAYA
Congressman, Ist Dist
Chairman, Committee on

February 16, 2011

HON. ROGELIO J. ESPINA, M.D.

Chairman
Committee on Population and Family Relations

Dear Chairman Espina:

Please be informed that the Committee on Appropriations in its meeting held
today at the Rolando R. Andaya Hall, approved to report out to the Committee on
Population and Family Relations Substitute Bill to House Bill Nos. 96, 101, 513,
1160, 1520 and 3387, entitled “AN ACT PROVIDING FOR A
COMPREHENSIVE POLICY ON RESPONSIBLE PARENTHOOD,
REPRODUCTIVE HEALTH, AND POPULATION AND DEVELOPMENT,
AND FOR OTHER PURPOSES ” with the following amendments:

1. On Section 5, page 10, line 10, after the word “midwives” insert the

phrase THROUGH REGULAR EMPLOYMENT OR SERVICE

CONTRACTING, SUBJECT TO THE PROVISIONS OF THE LOCAL
OVERNMENT CODE. The new provision shall now read as follows:

Section 5. Midwives for Skilled Attendance, The Local Government
Units (LGUs) with the assistance of the DOH, shall employ an adequate
number of midwives THROUGH REGULAR EMPLOYMENT OR
SERVICE CONTRACTING, SUBJECT TO THE PROVISIONS OF
THE LOCAL GOVERNMENT CODE to achieve a minimum ratio of
one (1) fulltime skilled birth attendant for every one hundred fifty (150)
deliveries per year, to be based on the annual number of actual deliveries or
live births for the past two years; Provided, That people in geographically
isolated and depressed areas shall be provided the same level of access.

2. On Section 15, page 13, line 6, between the words “District” and “‘be”
delete the word “shall” and replace it with the word MAY and on line 11,

\

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between the acronym “MHCS” and the word “be” delete the word “shall”
and replace it with the word MAY. The new provision shall now read as

follows:

Section 15. Mobile Health Care Services. Each Congressional District
MAY be provided with at least one Mobile Health Care Service (MHCS)
in the form of a van or other means of transportation appropriate to
coastal or mountainous areas. The MHCS shall deliver health care
supplies and services to constituents, more particularly to the poor and
needy, and shall be used to disseminate knowledge and information on
reproductive health. The purchase of the MHCS MAY be funded from the
Priority Development Assistance Fund (PDAF) of each Congressional
District. The operation and maintenance of the MHCS shall be operated
by skilled health providers and adequately equipped with a wide range of
reproductive health care materials and information dissemination devices
and equipment, the latter including, but not limited to, a television set for
audio-visual presentations. All MHCS shall be operated by a focal city or
municipality within a congressional district.

3. On Section 19, page 15, lines 18-23, after the word “training”
followed by a period (.) delete the sentences which reads “The amount
necessary for the increase in honoraria shall be charged against the
Maintenance and Other Operating Expenses (MOOE) component of the
Conditional Cash Transfer (CCT) program of the DWD. In the event the
CCT is phased out, the funding sources shall be charged against the
Gender and Development (GAD) budget or the development fund
component of the Intemal Revenue Allotment (IRA)”, The new provision

shall now read as follows:

Section 19. Capability Building of Barangay Health Workers.
Barangay Health Workers and other community-based health workers
shall undergo training on the promotion of reproductive health and shall


receive at least 10% increase in honoraria, upon successfull completion of
training.

4, On Section 30, page 23, line 22, between the acronym POPCOM and
the word “shall”, delete the phrase “and other concemed agencies”. The
new provision shall now read as follows:

Section 30. Appropriations. The amounts appropriated in the current
annual General Appropriations Act (GAA) for Family Health and
Responsible Parenting under the DOH and POPCOM shall be allocated
and utilized for the initial implementation of this Act. Such additional
sums necessary to implement this Act; provide for the upgrading of
facilities necessary to meet Basic Emergency and Obstetric Care and
Comprehensive Emergency and Obstetric Care standards; train and
deploy skilled health providers; procure family planning supplies and
commodities as provided in Section 6; and implement other reproductive
health services, shall be included in the subsequent GAA.

Very truly yours.

JOSEPH INZ O ABAYA
j eh

ce: Rep, [Edee! C. ‘Lagman
Rep. Aendlfo F. Go
Rep. Janette L. Garin
Rep. Arlene J. Bag-ao
Rep. Rodolfo G. Biazon
Rep. Augusto Boboy Syjuco, Ph. D.
Rep. Luzviminda Hagan