FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No., 1401

EXPLANATORY NOTE
The Constitution, Article 2, Section 12, provides:

“The State recognizes the sanctity of family life and shal! protect and
strengthen the family as a basic autonomous social institution. it shall equally
pprotect the life of the mother and the Ife of the unborn from conception. The
‘natural and primary right and duty of parents in the rearing of the youth for civic
efficiency and the development of moral character shall receive the support of
the government.”

Women, confronted with unplanned or crisis pregnancy, are often left
with the impression that abortion is the only choice that they have in dealing
with their difficult circumstances.

This is due to their lack of accurate information, supportive counseling
and other assistance regarding adoption and parenting alternatives to
abortion.

While there are organizations that provide these needed services, they
often lack sufficient resources to reach women in need of their services and to
provide for their needs.

Hence, this bill seeks to establish a national program that will -

(1) Promote childbirth as a viable and positive alternative to abortion
and empower those facing unplanned or crisis pregnancies to choose
childbirth rather than abortion; and

(2) Extend support to entities and projects that provide information,
counseling, and support services that assist women to choose childbirth and
to make informed decisions regarding the choice of adoption or parenting with
respect to their children.

In view of the foregoing, immediate passage of this bill is earnestly

requested.
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FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

1401
House Bill No.

AN ACT
TO ESTABLISH A NATIONAL PROGRAM THAT WILL PROVIDE
PREGNANT WOMEN WITH ALTERNATIVES TO ABORTION

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

SECTION 1. Short Title.
and Children’s Resources Act”.

This Act shall be known as the “Women

SEC 2. Purpose. - The purposes of the Act are ~

(1) to promote childbirth as a viable and positive alternative to abortion
and to empower those facing unplanned or crisis pregnancies to
choose childbirth rather than abortion;

(2) to extend support to entities and projects that provide information,
counseling, and support services that assist women to choose
childbirth and to make informed decisions regarding the choice of
adoption or parenting with respect to their children; and

(3) to maximize the effectiveness of this Act by providing funds only to
those entities and projects that have a stated policy of actively
promoting childbirth instead of abortion and that have experience in
providing alternative-to-abortion services.

SEC 3. Definitions. - For purposes of this Act, the following terms shall
have these meanings:

(1) Alternative-to-abortion services - the provision of information and
counseling that promotes childbirth instead of abortion and assists
Pregnant women in making an informed decision regarding the
alternatives of adoption or parenting with respect to their child.


(2) Support services - additional services and assistance designed to
assist eligible individuals to carry their child to term and to support
eligible individuals in their parenting or adoption decision. These
support services include the provision of (a) self-administered
pregnancy testing; (b) baby food, maternity and baby clothing, and
baby furniture; (c) information and education, including classes,
regarding prenatal care, childbirth, adoption, parenting, chastity (or
abstinence); and (d) referrals for services consistent with the purposes
of this Act

(3) Service provider - a non-governmental entity that operates a service
provider project and which enters into a subcontract with the prime
Contractor that provides for the reimbursement for alternative-to-
abortion services provided to eligible individuals.

(4) Service provider project - A project or program operated by a service
provider that provides alterative-to-abortion services. All service provider
projects must provide core services and may also provide support services.

SEC 4. Establishment and Operation of Programs to Provide
Alternative-to-Abortion Services; Administration of Programs through
Contracts with Entities. —

(A) In General - Grant funds provided under this Act may be expended
only for purposes of the establishment and operation of a national program
[carried out pursuant to contracts under subsection (c)] designed to provide
alternative-to-abortion services [as defined in Section 3 (1)] to eligible
individuals as described in subsection (B).

(B) Eligible Individuals -

(1) In General - Subject to paragraph (2), an individual is an eligible
individual for purposes of subsection (A) if —

(a) the individual is pregnant (or has reasonable grounds to
believe she may be pregnant);

(b) the individual (male or female) is the parent or legal guardian
of an infant under 12 months of age; or

(©) the individual is the spouse or other partner of an individual
described in subparagraph (a) or (b).

(2) Priority For Low-Income Individuals - The program —

(a) will give priority to serving eligible individuals who are from
low income families; and


(b) will not impose a charge on any eligible individual from a low
income family except to the extent that payment will be made by
a third party (including a government agency) that is authorized
or under legal obligation to pay such charge.

(C) Establishment and Operation of Program ~~

(1) Prime Contractor - The Department of Health, through its Secretary,
shall enter into a contract with a nonprofit private entity that, under the
contract, shall be designated as the “prime contractor" and shall have the
principal responsibility for administering the program, including subcontracting
with service basis.

(2) Subcontracts with Service Providers - The prime contractor shall
enter into subcontracts with service providers for reimbursement of
altemative-to-abortion services provided to eligible individuals on a fee-for-
service basis.

(3) Expenditures of Grant - The prime contractor shall be authorized to
‘expend funds to administer the program, reimburse service providers, and to
provide additional supportive services to assist such providers in providing
alternative-to-abortion services to eligible individuals consistent with the
Purposes of this Act, including but not limited to providing for advertising of
altenative-to-abortion services, purchases of educational materials, and
grants for new sites and new project development.

(4) Requirement for Prime Contractors - An entity may not become a
prime contractor unless, consistent with the overall purpose of this Act, it has
a stated policy of actively promoting childbirth instead of abortion.

(5) Additional Requirements for Prime Contractors - An entity may not
become a prime contractor unless -

(a) for the five-year period preceding the date on which the
entity applies to receive the contract, it has been engaged
primarily in the provision of care services or it has operated a
Project that provides such services;

(0) it is a subsidiary of an entity that meets the criteria under
clause (a).

(8) Requirements for Sub-Contractors — An entity may not become a
service provider unless -

(2) it operates a service provider project that has a stated policy
of actively promoting childbirth instead of abortion;

(0) its project has been providing alternative-to-abortion services
to clients for at least one year, and


(©) its project is physically and financially separate from any
entity that advocates, performs, counsels for or refers for
abortion.

(7) Restriction. - No prime contractor or service provider project may
perform abortion, counsel for or refer for abortion, or advocate abortion.

(8) Restrictions Regarding Expenditures of Grant Funds - No grant
funds under this Act shall be expended for any of the following -

(a) performing abortion, counseling for or referring for abortion,
or advocating abortion;

(b) providing, referring for, or advocating the use of
contraceptive services, drugs, or devices;

(©) Making payment for a service that is provided to an eligible
individual if payment for such service has already been made, or
can reasonably be expected to be made -

(1) providing in-patient hospital services;

(2) making cash payments to intended recipients of
services;

(3) purchasing or improving land, purchasing,
constructing, or permanently improving (other than minor
remodeling) any building or other facility; or

SEC 5. Biennial Reports to Congress. - The Secretary of Health shall
submit to the Congress periodic reports on the national programs carried out
pursuant to this Act. The first report shall be submitted not later than one year

after the effectivity of this Act and subsequent reports shall be submitted
biennially thereafter.

SEC 6. Rules and Regulations. - The Secretary of Health shall

promulgate the necessary rules and regulations to effectively carry out the
provisions of this Act.

SEC 7. Funding. - Such sums as may be necessary to carry out the

provisions of this Act is hereby authorized to be appropriated from the
National Treasury.

SEC 8. Separability Clause. - If any provision or part hereof, is held
invalid or unconstitutional, the remainder of the law or the provision not
otherwise affected shall remain valid and subsisting.


SEC. 9. Repealing Clause. - Any law, presidential decree or
issuance, executive order, letter of instruction, administrative order, rule or
regulation contrary to or inconsistent with the provision of this Act is hereby
repealed, modified or amended accordingly.

SEC 10. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its publication in at least two (2) newspapers of general circulation.

Approved,