ks RECEIVED ~\

EIGHTEENTH CONGRESS ) =
REPUBLIC OF THE PHILIPPINES ) re cra
First Regular Session ) Bn

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

House Bill No. 2734
EXPLANATORY NOTE
Article 2, Section 12 of the 1987 Philippine Constitution, provides:

“The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall equally
protect the life of the mother and the life 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.

RUFUS B. RO! EZ



EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )

First Regular Session )
HOUSE OF REPRESENTATIVES
Introduced by Representative Rufus B. Rodriguez
House Bill No. 2734
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. - This Act shall be known as the “Women and Children’s
Resources Act”.

‘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.

(8) 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 alternative-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 altenative-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
(c) 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 alternative-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 alternative-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.

(6) 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;

(b) itis @ subsidiary of an entity that meets the criteria under clause (a).

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

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



(b) its project has been providing alternative-to-abortion services to clients for
at least one year, and
(C) 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;
(c) 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
teport 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,