RH Law Petition 204934

PETITION FOR PROHIBITION ...
Alliance For The Family Foundation

Philippines, Inc., et al. vs. Hon. Enrique
T. Oua, et al.
G.R. No. ______ _
Page -1-
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.. ., , ootntT
...._.-W.t.
RECEJVED
BY:-----
2013 JAN -9 PH 3: 16
REPUBLIC OF THE PHILIPPINES
SUPREME COURT
MANILA
EN BANC
ALLIANCE FOR THE FAMILY
FOUNDATION PHILIPPINES, INC.
(ALFI), represented by its President
Maria Concepcion S. N ache,
Spouses Reynaldo S. Luistro &
Rosie B. Luistro, Jose S. Sandejas &
Elenita S.A. Sandejas, Arturo M.
Gorrez & Marietta C. Gorrez,
Salvador S. Mante Jr. & Hazeleen L.
Mante, Rolando M. Bautista &
Maria Felisa S. Bautista, Desiderio
Racho & Traquilina Racho, Fernand
Antonio A. Tansingco & Carol Anne
C. Tansingco for themselves and on
behalf of their minor children,
Therese Antonette C. Tansingco,
Lorenzo Jose C. Tansingco, Miguel
Fernando C. Tansingco, Carlo
Josemaria C. Tansingco & Juan
Paolo C. Tansingco, Spouses
Mariano V. Araneta & Eileen Z.
Araneta for themselves and on
behalf of their minor children,
Ramon Carlos Z. Araneta & Maya
Angelica Z. Araneta, Spouses
Renata C. Castor & Mildred C.
Castor for themselves and on behalf
of their minor children, Renz Jeffrey
C. Castor, Joseph Ramil C. Castor,
John Paul C. Castor & Raphael C.
Castor, Spouses Alexander R. Racho
& Zara Z. Racho for themselves and
on behalf of their minor children
Margarita Racho, Mikaela Racho,
G.R. No?04934'
For: Prohibition
Under Rule 65 of
the Rules of Court
With Prayer for the
URGENT Issuance
of a Temporary
Restraining Order
and/ or Writ of
Preliminary
Injunction
SUPREMECOURT l
OFFICE OF THE CLERK OF
EN BANC

'
T. Dna, et al.
G.R. No. _____ _
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Martin Racho, Mari Racho & Manalo
Racho, Spouses Alfred R. Racho &
Francine V. Racho for themselves
and on behalf of their mtnor
children Michael Racho, Mariana
Racho, Rafael Racho, Maxi Racho,
Chessie Racho & Laura Racho,
Spouses David R. Racho & Armilyn
A. Racho for themselves and on
behalf of their minor child Gabriel
Racho, Mindy M. Juatas and on
behalf of her minor children Elijah
Gerald Juatas and Elian Gabriel
Juatas, Salvacion M. Monteiro,
Emily R. Laws, Joseph R. Laws &
Katrina R. Laws,
Petitioners,
--versus--
HON. PAQUITO N. OCHOA,
Executive Secretary, HON.
ENRIQUE T. ONA, Secretary of the
Department of Health, HON. ARMIN
A. LUISTRO, Secretary of the
Department of Education, HON.
CORAZON SOLIMAN, S e ~ r e t a r y of
the Department of Social Welfare
and Development, HON. MANUEL
A. ROXAS II, Secretary of the
Department of Interior and Local
Government, HON. FLORENCIO B.
ABAD, Secretary of Budget and
Management, HON. ARSENIO M.
BALI SA CAN, Socia-Economic
Planning Secretary and NEDA
Director-General, the PHILIPPINE
COMMISSION ON WOMEN,
represented by its Chairperson
Remedios Ignacio-Rikken, the
PHILIPPINE HEALTH INSURANCE
CORPORATION, represented by its
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President Eduardo Banzon, the
LEAGUE OF PROVINCES OF THE
PHILIPPINES, represented by its
President Alfonso Umali, the
LEAGUE OF CITIES OF THE
PHILIPPINES, represented by its
President Oscar Rodriguez, and the
LEAGUE OF MUNICIPALITIES OF
THE PHILIPPINES, represented by
its President Donato Marcos,
Respondents.
X---------- ------------X
PETITION FOR PROHIBITION
With Prayer For The URGENT Issuance
Of A Temporary Restraining Order
And/ Or Writ of Preliminary Injunction
Petitioners, by counsel, and to this Honorable Court
respectfully state:
I. PREFATORY
The right to life is the most fundamental among all
rights. All other rights proceed from it. Therefore, when life is
at stake, nobody can be unmoved.
Our constitutional fathers agreed, after impassioned
debate and meticulous deliberation, that this transcendental
right to life be enshrined in the fundamental law of the land.
They decided to take the safest approach to ensure that life is
protected from conception up to natural death. They resolved
every doubt in favour of the protection of life, prompting Fr.
Joaquin Bernas, a member of the 1986 Constitutional
Commission, to comment that:
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the fetus begins to be considered as against the life
of the mother. That is the whole purpose of this.3
The enactment, however, of Republic Act (R.A.) No. 10354
entitled "The Responsible Parenthood and Reproductive Health
Act of 20 12" or the Act, has opened the floodgates to an attack
against the right to life. While it gives a semblance of respect
for life by generously using the words "non-abortifacient" and
"do not prevent the implantation of a fertilized ovum", it allows
the use of abortifacient devices, such as the intrauterine
device ("IUD"), and the purchase of abortifacient substances
using taxpayer's money.
R.A. No. 10354 also impairs the right to health of both
the woman and the unborn, by mandating the dispensation
and use of hormonal contraceptives, which have been
established as carcinogenic, causing breast cancer, cervical
cancer and liver tumor, among others.
R.A. No. 10354, by making certain acts mandatory, also
violates the right to the free exercise of religion, as well as the
right of the parents to found a family in accordance with their
religious convictions.
Hence, in one blow, R.A. No. 10354 endangers the life of
Filipino women and the unborn, destroys the Filipino family
which is the basic unit of society and the foundation of the
nation, and violates religious freedom.
No less than the former Chief Justice of the Supreme
Court and member of the 1986 Constitutional Commission
Hilario Davide, Jr. declared that "the threats to life caused by
earthquakes or tsunamis, or even nuclear radiation, and
terrorism and war pale in comparison to the destruction of life
or the threat to life by state policies or legislation." He added
that "if the bill becomes law, it would violate the inherent life
(sic) to life, the first and most fundamental human right.
4
3
Record of the 1986 Constitutional Commission, Volume I, July 17, 1986, p. 689;
Emphasis ours.
4
http: //newsinfo.inquirer.net/breakingnews/nation/view /20110326-327785/Davide-
RH-bill-worse-than-earthquakes-tsunamis; (accessed January 06, 2013).
Philippines, Inc., et al. vs. Hou. Enrique
T. Ona, et al.
G.R. No. ______ _
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It is within the power of the Honorable Court to prptect
the Filipino people from this tragedy. Petitioners beseech that
it do so.
II. NATURE OF THE CASE
The instant case is a special civil action for Prohibition,
with a prayer for the Urgent issuance of a temporary
restraining order and/ or writ of preliminary injunction,
challenging the constitutionality of R.A. No. 10354. The
Petition prays that this Hononible Court issue:
1. A Temporary Restraining Order and/ or Writ of
Preliminary Injunction enJoining the
respondent public officers, and all persons
acting on their behalf, from implementing R.A.
No. 10354;
2. A Judgment declaring Republic Act No. 10354
as unconstitutional in violation of Sections 12
and 15, Article II; Section 5, Article III; Section
2 (2) Article XIV; and Section 3, Article XV, of
the 1987 Constitution; hence null and void;
and
3. A Judgment permanently enJOining the
acting on their behalf, to cease and desist from
implementing R.A. No. 10354.
A certified true copy of the assailed R.A. No. 10354 Is
attached to this Petition as Annex "A".
III. THE PARTIES
Petitioner ALFI is a foundation duly organized and
existing under the laws of the Republic of the Philippines with
c:
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offices at Unit 530 Richville Corporate Tower, Madrigal
Business Park, 1107 Alabang-Zapote Road, Muntinlupa City.
ALFI was incorporated "to undertake every kind of
initiative in order to foster and defend the sanctity of marriage,
to promote family solidarity, and to protect life at all stages of
development". It was actively involved in efforts to prevent the
passage of the then Reproductive Health Bill ("RH Bill") in
Congress. Because of the transcendental importance of the
constitutional issues involved in this Petition, ALFI invokes the
liberality of the Honorable Court to recognize its locus standi to
bring the instant suit. s
ALFI is represented herein by its President, Maria
Concepcion S. Noche,
6
a member of the Philippine Bar, who is
also a Petitioner in her personal capacity.
All the Petitioners who are Filipino citizens are bringing
this suit because of the far-reaching implications of R.A. No.
10354 to their life, their family and their faith.
All Petitioners may be served with summons and legal
processes at the address of ALFI indicated above or through
the undersigned counsel at 91 Melchor Street, Loyola Heights,
Quezon City.
In addition to the foregoing Petitioners, the instant
special civil action for Prohibition is being filed on behalf of all
generations of Filipinos yet unborn, who are in danger of being
deprived of the right to life by R.A. No. 10354. The propriety of
filing suit on behalf of future generations yet unborn was
explicitly affirmed and recognized by the Honorable Court in
the landmark case of Oposa us. Factoran
7
, thus:
This case, however, has a special and novel
element. Petitioners minors assert that they
represent their generation as well as generations
yet unborn. We find no difficulty in ruling that
5
Aquino v. Commission on Elections, L-40004, January 31, 1975; also Bagong
Alyansang Makabayan v. Zamor.a, GR Nos. 138570, 138572, 138587, 138680,
138698, October 10, 2000, 342 SCRA 449.
6
A Secretary's Certificate dated January 07, 2013 of the resolution authorizing the filing
of the instant Petition and designating Atty. Maria Concepcion S. Noche as the
representative of ALFI is attached hereto as Annex "B".
7
224 SCRA 782 [1993].
Philippines, Inc., et al. vs. Ron. Enrique
T. Ona, et al.
G.R. No. _____ _
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they can, for themselves, for others of their
generation and for the succeeding generations,
file a class suit. Their personality to sue in behalf
of the succeeding generations can only be based on
the concept of intergenerational responsibility
insofar as the right to a balanced and healthful
ecology is concerned. Such a right, as hereinafter
expounded, considers the "rhythm and harmony of
nature." Nature means the created world in its
entirety. Such rhythm and harmony indispensably
include, inter alia, the judicious disposition,
utilization, management, renewal and conservation
of the country's forest, mineral, land, waters,
fisheries, wildlife, off-shore areas and other natural
resources to the end that their exploration,
development and utilization be equitably accessible
to the present as well as future generations.
Needless to say, every generation has a
responsibility to the next to preserve that rhythm
and harmony for the full enjoyment of a balanced
and healthful ecology. Put a little differently, the
minors' assertion of their right to a sound
environment constitutes, at the same time, the
performance of their obligation to ensure the
protection of that right for the generations to come.
In the instant case, what is sought to be protected is not
merely the right to a healthful and balanced ecology of the
generations of Filipinos yet unborn, but their very right to life,
from which all other rights arise.
Respondents are public officials having charge of the
enforcement and administration of R.A. No. 10354. For 'this
reason, the following respondents are sued in their official
capacity and may be served with summons and other
processes at their respective offices at:
1. Hon. Paquito N. Ochoa, Jr., Executive Secretary
Office of the President of the Philippines
Malacaiiang Palace, City of Manila
Philippi11es, Inc., et al. vs. Hon. Enrique
T. Ona, et al.
G.R. No. ______ _
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2. Hon. Enrique T. Ona, Secretary
Department of Health
San Lazaro Compound, City of Manila
3. Hon. Armin A. Luistro, Secretary
Department of Education
DepEd Complex, Meralco Avenue, Pasig City
4. Hon. Corazon Soliman, Secretary
Department of Social Welfare and Development
Batasang Pambansa Complex
Constitution Hills, Quezon City
5. Hon. Manuel A. Roxas II, Secretary
Department of Interior and Local Government
EDSA cor. Mapagmahal St., Diliman, Quezon City
6. Hon. Florencio B. Abad, Secretary
Department of Budget and Management
7. Hon. Arsenio M. Balisacan
Socio-Economic Planning Secretary
and NEDA Director-General
12 Saint J osemaria Escriva Drive
Ortigas Center, Pasig City
8. Philippine Commission On Women
Thru: Chairperson Remedios Ignacio-Rikken
1145 J.P. Laurel St., San Miguel Manila
9. Philippine Health Insurance Corporation
Thru: President Eduardo Banzon
Citystate Centre, 709 Shaw Boulevard 1603
Pasig City
10. League of Provinces of the Philippines
Thru: President Alfonso Umali
Unit 1510 West Tower, Philippine Stock Exchange
Center
Exchange Road, Ortigas Center, Pasig City
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11. League of Cities of the Philippines
Thru: President Oscar Rodriguez
7th Floor, Unit J & K, CyberOne Building
Eastwood Brgy. Bagumbayan, Quezon City
12. League of Municipalities of the Philippines
Thru: President Donato Marcos
2nd Flr. LMP Building, 265 Ermin Garcia Street
Cubao, Quezon City
and through their statutory counsel, the Solicitor General, at
139 Amorsolo Street, Legaspi Village, Makati City.
IV. JURISDICTION AND BASIS
The instant Petition is being filed before the Honorable
Court in accordance with Section 4(2), Article VIII of the i 987
Constitution:
(2) All cases involving the constitutionality of a
treaty, international or executive agreement, or law,
which shall be heard by the Supreme Court en
bane, and all other cases which under the Rules of
Court are required to be heard en bane, including
those involving the constitutionality, application, or
operation of presidential decrees, proclamations,
orders, instructions, ordinances, and other
regulations, shall be decided with the concurrence
of a majority of the Members who actually took part
in the deliberations on the issues in the case and
voted thereon. [Emphasis supplied].
V. GROUNDS FOR PETITION
R.A. NO. 10354 IS UNCONSTITUTIONAL AND, ON ITS
FACE, SHOULD BE DECLARED A NULLITY, BASED ON THE
FOLLOWING GROUNDS:
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A. R.A. NO. 10354 VIOLATES THE RIGHT TO
LIFE AND PROTECTION OF LIFE FROM
CONCEPTION UNDER SECTION 12,
ARTICLE II OF THE CONSTITUTION IN
ALLOWING THE USE OF ABORTIFACIENT
DEVICES AND DRUGS.
B. R.A. NO. 10354 VIOLATES THE RIGHT TO
HEALTH UNDER SECTION 15, ARTICLE II
OF THE CONSTITUTION IN MANDATING
THE UNIVERSAL ACCESS TO, .
DISPENSATION AND USE OF, HARMFUL
SUBSTANCES AND DEVICES.
C. THE DELEGATION OF CERTAIN POWERS
AND DUTIES TO THE FOOD AND DRUG
ADMINISTRATION WHICH ARE NOT FOUND
IN ITS ENABLING LAW CONSTITUTES
UNDUE DELEGATION OF LEGISLATIVE
POWERS.
D. R.A. NO. 10354 VIOLATES THE RIGHT TO
FREE EXERCISE OF RELIGION UNDER
SECTION 5, ARTICLE III OF THE
CONSTITUTION.
E. R.A. NO. 10354 VIOLATES THE RIGHT OF
SPOUSES TO FOUND A FAMILY IN
ACCORDANCE WITH THEIR RELIGIOUS
CONVICTIONS UNDER SECTION 3(1),
ARTICLE XV OF THE CONSTITUTION IN
MAKING REPRODUCTIVE HEALTH
EDUCATION MANDATORY, HENCE
INTERFERING IN THE RIGHT OF THE
PARENTS TO EDUCATE THEIR CHILDREN
IN THE MANNER THEY DEEM FIT UNDER
SECTION 12, ARTICLE II.
11
T. Ona, et al.
G.R. No. ______ _
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VI. FACTS RELEVANT TO THE PETITION
R.A. 10354 was signed by President Benigno Aquino III
on December 21, 2012. It was published on January 02, 2013;
hence, it becomes effectiveon January 17, 2013.8
VII. DISCUSSION
PRELIMINARY MATTER: JURISPRUDENCE HAS LAID
DOWN THE RULE THAT A STATUTE INVOLVING
FUNDAMENTAL RIGHTS SUCH AS RIGHT TO LIFE,
RELIGIOUS FREEDOM AND FREE SPEECH MAY BE
FACIALLY CHALLENGED OR INVALIDATED ON ITS FACE.
The instances allowed by the Supreme Court to facially
challenge a statute as being unconstitutional and therefore
void, are indicative of the importance of the corresponding
rights being protected by our Constitution: the right to life, the
right to free expression, the right to free exercise of one's
religious convictions, and other .. fundamental rights. The
Supreme Court declared in Spouses Carlos S. Romualdez vs.
Commission on Elections9 that it is established in our
jurisdiction that statutes on free speech, religious freedom,
and other fundamental rights may be facially challenged.
8
SEC 30. Effectivity. -This Act shall take effect fifteen (15) days after its publication in
at least two (2) newspapers of general circulation.
9
G.R. No. 167011, December 11, 2008.
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A. R.A. NO. 10354 VIOLATES THE RIGHT TO
LIFE AND PROTECTION OF LIFE UNDER
SECTION 12, ARTICLE II OF THE
CONSTITUTION IN ALLOWING THE USE OF
ABORTIFACIENT DEVICES AND DRUGS.
The 1987 Constitution holds sacrosanct the right to life
from conception. Section 12, Article II, in no uncertain terms,
recognizes the existence of life at conception and guarantees
the protection of that life from conception. Therefore, the
Constitution acknowledges the right to life of the unborn from
conception:
Section 12. The State xxx xxx
xxx shall equally protect the life of the mother
and the life of the unborn from conception.
xxx xxx. [Ernphasis and underscoring
supplied}.
Concomitant to the protection of life and the recognition
of the right to life from conception, the Constitution likewise
protects the right to health. According to Section 15, Article II:
Section 15. The State shall protect and
promote the right to health of the people and
instill health consciousness among them.
/Emphasis suppliedj.
The constitutional mandate to protect life, particularly
the life of the unborn from conception, was passionately and
meticulously deliberated upon by our constitutional fathers,
as documented 1n the records of the Constitutional
Commission:
MR. VILLEGAS: I propose to review this issue
in a biological manner. The first question that needs
to be answered is: Is the fertilized ovum alive?
Biology categorically says yes, the fertilized ovum is
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alive. First of all, like all living organisms, it takes in
nutrients which it processes by itself. It begins
doing this upon fertilization. Secondly, as it takes in
these nutrients, it grows from within. Thirdly, it
multiplies itself at a geometric rate in the
continuous process of cell division. All these
processes are vital signs of life. Therefore, there is
no question that biologically the fertilized ovum
has life.
The second question: Is it human? Genetics gives
an equally categorical "yes." At the moment of
conception, the nuclei of the ovum and the sperm
rupture. As this happens 23 chromosomes from the
ovum combine with 23 chromosomes of the sperm
to form a total of 46 chromosomes. A chromosome
count of 46 is found only-and I repeat, only-in
human cells. Therefore, the fertilized ovum is
human.
Since these questions have been answered
affirmatively, we must conclude that if the
fertilized ovum is both alive and human, then, as
night follows day, it must be human life. Its
nature is human.
[Record ofthe Constitutional Commission,
Vol. 4, at p. 596, September 12, 1986;
Emphasis supplied}.
REV. RIGOS: Yes, we think that the word
"unborn" is sufficient for the purpose of writing a
Constitution, without specifying "from the moment
of conception."
MR. DAVIDE: I would not subscribe to that
particular view because according to the
Commissioner's own admission, he would leave it to
Congress to define when life begins. So, Congress
can define life to begin from six months after
fertilization; and that would really be very, very
\
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dangerous. It is now determined by science that
life begins from the moment of conception.
There can be no doubt about it. So, we should
not give any doubt to Congress, too.
[Record of the Constitutional Commission,
Vol. 4, at p. 800, September 1 9, 1986;
Emphasis supplied}.
MR. VILLEGAS: Let me just summarize very
briefly the arguments why we have to say "from
conception." I think there are enough
Commissioners here, therefore, we can already vote,
Madam President. Precisely, we are basing the
argument on pure objectivity because natural
scientists who are the most- objective in studying
positive sciences have come to the conclusion that
life begins at conception. Human life begins at
conception. I quoted yesterday the authoritative
findings of this conference in Washington on
abortion where they decided - and the ratio was
19:1 - that human life begins at conception. This
included the five percent who remained in doubt.
This is where we should use the moral principle
already articulated by Bishop Bacani. When there
is doubt even by a very small percentage, the
moral principle is "Do not kill," because the
awesome risk of taking the life of a human being
is there. And so, whether we are in the majority
among the 19 or whether we are in the five or
one percent, the conclusion is: We have to .
protect human life from conception.
[Record of the Constitutional Commission,
Vol. 4, at p.801, September 19, 1986;
Emphasis supplied}.
The framers of our Constitution likewise deliberated on
the use of contraceptives, particularly in connection with the
right to life of the unborn from conception:
MR. GASCON: Mr. Presiding Officer, I would like to
ask a question on that point. Actually that is
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one of the questions I was going to raise during the
period of interpellations but it has been expressed
already. The provision, as it is proposed right now,
states:
The State shall equally protect the life of
the mother and the life of the unborn
from the moment of conception.
When it speaks of "from the moment of
conception," does this mean when the egg meets
the sperm?
MR. VILLEGAS: Yes, the ovum is fertilized by
the sperm.
MR. GASCON: Therefore, that does not leave
to Congress the right to determine whether
certain contraceptives that we know of today are
abortifacient or not because it is a fact that
some of the so-called contraceptives deter the
rooting of the ovum in the uterus. If fertilization
has already occurred, the next process is for the
fertilized ovum to travel towards the uterus and to
take root. What happens with some
contraceptives is that they stop the opportunity
for the fetilized ovum to reach the uterus.
Therefore, if we take the provision as it is
proposed, these so called contraceptives should
be banned.
MR. VILLEGAS: Yes, if that physical fact is
established, then that is what is valled abortifacient
and, therefore, would be unconstitutional and
should be banned under this provision.
MR. GASCON: Yes. So my point is that I do
not think it is up to Congress to state whether
or not these certain contraceptives are
abortifacient. Scientifically and based on the
provision as it is now proposed, they are already
considered abortifacient.
1fi
Philippines, Iuc., et al. vs. Hon. Enrique
T. Ona, et al.
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[Record ofthe Constitutional Commission}
Vol. 4
1
at p. 711
1
September 17
1
1986;
Emphasis supplied}.
MR. GASCON: xxx xxx As I mentioned in
my speech on the US bases, I am definitely pro-life,
to the point that I would like not only to protect the
life of the unborn, but also the lives of the millions
of people in the world by fighting for a nuclear-free
world. I would just like to be assured of the legal
and pragmatic implications of the term "protection
of the life of the unborn from the moment of
conception." I raised some of these implications
this afternoon when I interjected in the
interpellation of Commissioner Regalado. I would
like to ask that question again for a categorical
answer.
I mentioned that if we institutionalize the term
"the life of the unborn from the moment of
conception," we are also actually saying "no,"
not 'maybe," to certain contraceptives which are
already being encouraged at this point in time.
Is that the sense of the committee or does it
disagree with me?
MR. AZCUNA: No, Mr. Presiding Officer, because
contraceptives would be preventive. There is no
unborn yet. That is yet unshaped.
MR. GASCON: Yes, Mr. Presiding Officer, but I was
speaking more about some contraceptives, such
as the intra-uterine device which actually stops
the egg which has already been fertilized from
taking route to the uterus. So, if we say "from
the moment of conception," what really occurs
is that some of these contraceptives will have to
be unconstitutionalized.
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MR. AZCUNA: Yes, to the extent that it is after
the fertilization, Mr. Presiding Officer.
MR. GASCON: Thank you, Mr. Presiding Officer.
[Record ofthe Constitutional Commission,
Vol. 4, at p. 745, September 17, 1986;
Emphasis supplied].
From the above deliberations, it is therefore clear that the
members of the Constitutional Commission agreed that:
a. The meeting of the egg and the sperm is
referred to as fertilization which results in a
fertilized ovum. And conception as appearing
in the proposed constitutional provision (which
eventually became Section 12) likewise refers
to fertilization.
b. The fertilized ovum has Life.
c. The fertilized ovum is Human.
d. That life that exists in the fertilized ovum Is
Human Life.
Recognizing the above, the framers of the 1987
Constitution decided to include In the Constitution a
statement on the beginning of life because they acknowledged
that, as science itself has determined, life begins from the
moment of conception. They did not want to leave it to
Congress to define the beginning of life and felt it was
"dangerous" to open the possibility that the legislature would
define it other than from the moment of conception.
Our constitutional fathers regarded that human life with
utmost reverence and accorded it the greatest protection and
the most delicate treatment by resolving any iota of doubt in
favour of the existence of human life. The moral principle "Do
not Kill" reverberated in their hearts and minds and there
was an agreement to apply that principle where protection of
the life of the unborn was concerned.
Alliance For The Family Fozmdation
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On the deliberations regarding the contraceptives, in
relation to the protection of the unborn from conception, it
was also recognized that:
1. Contraceptives that "deter the rooting of the
ovum in the uterus" or "stop the
opportunity fot the fertilized ovum to reach
the uterus" are Abortifacients.
2. Intra-uterine Devices (IUDs) have abortive
effects and are therefore considered as
Abortifacients.
3. IUDS, therefore, and other contraceptives
having anti-implantatory effect (or prevents the
ovum from implanting in the uterus) should be
banned, and any law or regulation allowing
them is unconstitutional.
Yet, the right to life, both of the mother and the unborn,
has been trampled upon by R.A. No. 10354, in violation of the
fundamental law.
10
Specifically, R.A. No. 10354 violates the
right to life because it provides for abortifacient contraceptive
products and supplies to be included in the "regular
purchase of essential medicines and supplies of all
national hospitals".
Petitioners respectfully submit that R.A. No. 10354,
based on the reading of its text as a whole, allows abortifacient
devices and substances to be used in family planning.
It is settled that-
It is a cardinal rule in statutory construction
that in interpreting the meaning and scope of a term
used in the law, a careful review of the whole law
involved, as well as the intendment of the law,
must be made. In fact, legislative intent must be
ascertained from a consideration of the statute as a
10
Also of Natural Law.
1f\
T. Oua, et al.
G.R. No. ______ _
Page -20-
x-------------------------------x
whole, and not of an isolated part or a particular
provision alone .11
It is true that R.A. No. 10354 uses the word "non-
abortifacient". While at first glance, we may be impressed that
it does not allow abortion or abortifacients, a careful reading of
its provisions suggests otherwise.
While the term "non-abortifacient" is used in the text of
R.A. No. 10354 several times- in Sections 2, 3(d) and (e), 4(e)
and (1), 9, 19(a)(2) and 23(a)(1) - to describe family planning
methods guaranteed to be accessed under the law, such use is
merely in connection with the definition of terms and the
guiding principles of the law.
On the other hand, the specific prov1s1ons detailing its
application -- those which will specifically be implemented-in
fact, ALLOW abortifacient contraceptive supplies and devices:
Section 9 of R.A. No. 10354 provides:
SEC. 9. The Philippine National Drug Formulary
System and Family Planning Supplies. - The
National Drug Formulary shall include hormonal
contraceptives, intrauterine devices.1 injectables
and other safe, legal, non-abortifacient and effective
family planning products and supplies. The
Philippine National Drug Formulary System
(PNDFS) shall be observed in selecting drugs
including family planning supplies that will be
included or removed from the Essential Drugs List
(EDL) in accordance with existing practice and in
consultation with reputable medical associations in
the Philippines. For the purpose of this Act, any
product or supply included or to be included in the
EDL must have a certification from the FDA that
said product and supply is made available on the
condition that it is not to be used as an
abortifacient.
11
Alpha Investigation and Security Agency vs. NLRC, G.R. No. 111722, May 27, 1997;
Emphasis supplied.
T. Ona, et al.
G.R. No. ______ _
Page -21-
x-------------------------------x
These products and supplies shall also be
included in the regular purchase of essential
medicines and supplies of all national
hospitals: Provided) further, That the foregoing
offices shall not purchase or acquire by any means
emergency contraceptive pills, postcoital pills,
abortifacients that will be used for such purpose
and their other forms or equivalent. [Emphasis
supplied].
If the above prov1s1on is considered carefully together
with the other provisions of R.A. No. 10354, even those using
the word "non-abortifacient", it will be revealed that the Act
actually and effectively allows abortion.
Section 9 above, clearly creates and provides an
environment open to the use of abortifacient contraceptives.
First, the above provision specifically allows the use of
an intrauterine device (IUD) as well as hormonal
contraceptives and injectables as among the family planning
methods and products.
In mandating the inclusion of the IUD in the National
Drug Formulary System, R.A. No. 10354 authorizes the use of
abortifacient contraceptives.
The mechanism of an IUD includes prevention of
implantation of the fertilized ovum. While IUDs may also be
capable of preventing fertilization, its ability to prevent
implantation of the fertilized ovum is likewise established. In
short, an IUD, by its very nature, has the ability to prevent
implantation of the fertilized ovum in the uterus.
12
This function of the IUD is a matter of public knowledge
which the Honorable Court may take judicial notice of.
13
12 Williams Obstetrics, 23rd edition, by F. Cunningham, Kenneth Leveno, Steven
Bloom, John Hauth, Dwight Rouse, Catherine Spong (October 29, 2009), the
leading obstetrics reference book for more than a century
13 Seeton 2, Rule 129, Rules of Court.
,1
T. Ona, et al.
G.R. No. ______ _
Page -22-
x - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - x
Similarly, Section 9 provides that hormonal
contraceptives are also to be included in the National Drug
Formulary System. It is also an established fact that one of the
mechanisms of hormonal contraceptives is the thinning of the
uterine lining, artificially making the uterus inhospitable to
the implantation of the fertilized ovum. While the initial
mechanism of hormonal contraceptives may be the prevention
of fertilization, its uterine thinning mechanism is likewise
established. 14
As such, R.A. 10354 again authorizes the use of an
abortifacient.
Second, the above provision states that any drug
included in the Essential Drugs List (EDL) "must have a
certification from the FDA that said product and supply is
made available on the condition that it is not to be used as an
abortifacient." It is clear from this provision that drugs which
have the quality, or the capacity, of being abortifacients may
be included in the EDL, provided that it is certified not to be
used for that purpose. Including an abortifacient among the
family planning methods is abhorrent enough; including them
in the EDL makes it totally despicable for being an outright
affront to the fundamental right to life. The proviso that the
FDA n1ust certify that "it is not to be used as an abortifacient"
is illogical and deceptive. Certainly, it is not the FDA which
will administer or supervise the use, much less use the drug
included in the EDL- how then can it effectively and truthfully
make such certification?
Third, the last paragraph of Section 9 provides that the
"foregoing offices shall not _purchase or acquire by any means
emergency contraceptive pills, postcoital pills, abortifacients
that will be used for such purpose and their other forms or
equivalent." Again, R.A. No. 10354 clearly allows the purchase
or acquisition of drugs with the capacity to serve as
abortifacients. Had this not been the case, there would be no
need to qualify the word "abortifacient" with the phrase "will
be used for that purpose".
14
John Wilks, B. Pharm., M.P.S., M.A.C.C.P. A Consumer's Guide to the Pill and Other
Drugs, 3rd Edition. Philippines: National Book Store, Inc. 2000. (pp. 4-15).
Alliance For Tlze Family Foundation
T. Ona, et al.
G.R. No. ______ _
Page -23-
x-------------------------------x
Fourth, while hormonal contraceptives and the IUD are
mentioned only in Section 9, the law specifically guarantees
access to artificial family planning methods and devices, which
necessarily include IUDs and hormonal contraceptives.
15
Hence, the infirmity resulting from allowing abortifacient
family planning methods is not only limited to Section 9 but to
the entire Act.
Finally, while R.A. No. 10354 vows to protect the life and
health of the mother and the unborn, it shows very little
respect for life and the fundamental right to life. While our
constitutional fathers accorded that human life with utmost
reverence and the most delicate protection from conception,
the Act, with the aggressive promotion and dissemination of
and universal access to a full range of contraceptive methods
and devices which it mandates, opens the floodgates to
abortions, intended or unintended.
In sum, construed as a whole, R.A. No. 10354, in fact,
authorizes and prescribes the use of abortifacient family
planning methods: first, by prescribing the use of IUDs and
hormonal contraceptives; second, drugs which have the
capacity of being abortifacients may be included in the EDL,
and are in fact included in the National Drug Formulary
System; third, the prohibition extends only to the purchase of
"abortifacients which will be used for that purpose", hence, the
purchase of abortifacients is possible under the provision- all
in derogation of the right to life of the unborn, and the right
for the protection of that life.
The deceptive, nay, traitorous, phraseology, which
generously uses the word "non-abortifacient" appears but a
ruse to discourage valid objections to the law, and makes the
violation of the right to life enshrined in the Constitution all
the more repugnant.
15 Section 4 (e) and(!), R.A. No. 10354.
..,,
Philippines, Inc., et al. vs. Han. Enrique
T. Ona, et al.
G.R.No. __
Page -24-
x-------------------------------x
B. R.A. NO. 10354 VIOLATES THE RIGHT TO
HEALTH UNDER SECTION 15, ARTICLE II
OF THE CONSTITUTION IN MANDATING
THE UNIVERSAL ACCESS TO,
DISPENSATION AND USE OF, HARMFUL
SUBSTANCES AND DEVICES.
R.A. No. 10354, 1n guaranteeing universal access to
hormonal contraceptives and devices, ensures access of
women to carcinogenic drugs. This further violates the right to
life, which necessarily includes the right to health as
guaranteed in Article II, Section 15 of the Constitution.
Studies have established that use of oral contraceptives
increases the risk of breast and cervical cancer.
1
6 Advocates of
oral contraceptives have brushed aside these harmful effects.
To do so in light of the magnitude of the adverse side-effeGts of
oral contraceptives which have been documented is a woeful
ignorance of the facts or a deliberate and cynical act of
injustice to women.
16
A Consumer's Guide to the Pill by John Wilks B Pharm. MPS 2nd Ed1997; Olsson H,
Borg A, Ferno M, Moller TR, Ranstam J. Early oral contraceptive use and
premenopausal breast cancer - a review of studies performed in South Sweden
Cancer Detection and Prevention 1991:15 (4): 265-271 Table IV; Olsson H & ML,
Moller TR, Ranstam J, Holm P. Lancet(letter) 1985 March 30, 748-49; Olsson H,
Moller TR, Ranstam J. Early oral contraceptive use and breast cancer among
premenopausal women: Final report from a study in Southern Sweden. Journal of
the National Cancer Institute. 1989;81(12}:1000-4; Johnson JH, Weighing the
evidence on the pill and breast cancer Family Planning Perspectives 1989: 21 (2):
89-92; Rookus & Van Leeuwen. Oral Contraceptives and risk of Breast Cancer
women aged 20-54 years. Lancet 1994; 344; p844-51; Millar DR, Rosenberg L, et
al Breast Cancer before age 45 and oral contraceptive use ; new findings. American
J of Epidemiology 1989; 129 (2):269- 80; Olsson H, Borg A, ferno M, Moller T,
Ranstam J. Early oral contraceptive use and breast cancer in Southern Sweden.
Proc. Annu Meet Am Soc Clin Oncol. 1989: A367, Ma; WHO Cancer Mortality
database 1994 Breast Cancer Rates by Country; Paul C, Depo
medroxyprogesterone (Depo-Provera) and risk of breast cancer Br Med J 1989; 299:
p762; Thomas DB, Ray RM. Oral contraceptives and invasive adenocarcinomas and
adenosquamous carcinomas of the uterine cervix Am J Epid 1996; 144:p284 table
2.; Kohler U, Wuttke P. results of a case control study of the current effect of
various factors of cervical cancer risk . 2} Contraceptive behaviour and the smoking
factor. Zentralblatt fur gynakologie 1994; 116 (7): 405- 9 (Ma); Ursin G, Peters RK,
Henderson BE, d'Ablaing G, Monroe KR, Pike MC. Oral contraceptive use and
adenocarcinoma of cervix. Lancet 1994; 344; 1390-1394; Brisson J et al Risk
factors for cervical Intraepithelial Neoplasia: differences between low and high-
grade lesions American J of Epidemiology 1994;140:700-710; [accessed January
08, 2013] http:/ jcebp.aacrjournals.orgjcontent/ 19/10/2496
"'lA
Plzilippiues, Iuc., et al. vs. Hon. Enrique
T. Ona, et al.
G.R. No. ______ _
Page -25-
x-------------------------------x
Notably, the Honorable Court has considered studies
linking the incidence of illnesses such as cancer and leukemia
to exposure to electromagnetic fields as sufficient evidence
that imperils the right to health, and enjoined a power project
ofNAPOCOR:
Here, there is adequate evidence on record to
justify the conclusion that the project of NAPOCOR
probably imperils the health and safety of the
petitioners so as to justify the issuance by the trial
court of a writ of preliminary injunction.
Petitioners adduced in evidence copies of
studies linking the incidence of illnesses such as
cancer and leukemia to exposure to
electromagnetic fields. The records bear out, to
boot, a copy of a brochure of NAPOCOR regarding
its Quezon Power Project from which will be
supplying NAPOCOR with the power which will pass
through the towers subject of the controversy. The
NAPOCOR brochure provides that because of the
danger concomitant with high voltage power,
Philippine laws mandate that the power lines
should be located within safe distances from
residences. And the Quezon Power Project mandates
an easement of 20 meters to the right and 20
rneters to the left which falls short of the 12-meter
easement that NAPOCOR was propostng to
petitioners.
17
To provide a graphic example, R.A. No. 10354 would
almost have the same effect as the government funding the
purchase of cigarettes - another known carcinogenic - as basic
goods, distributing them for free (especially to the poor) and
prescribing their use. We can say, therefore, that R.A. No.
10354 does not promote reproductive health, but sickness and
death.
17
Hernandez us. National Power Corporation, G.R. No. 145328, March 23, 2006.
T. Dna, et al.
G.R. No. ______ _
Page -26-
x-------------------------------x
This being so, R.A. No. 10354 not only allows the
violation of women's right to health, but encourages, and
funds the purchase of such carcinogenic substances which
clearly endanger women's health. As such, the law should be
declared unconstitutional and void.
C. THE DELEGATION OF CERTAIN POWERS
AND DUTIES TO THE FOOD AND DRUG
ADMINISTRATION WHICH ARE NOT FOUND
IN ITS ENABLING LAW CONSTITUTES
UNDUE DELEGATION OF LEGISLATIVE
POWERS.
An agency of the government cannot go beyond the
powers conferred on it by its enabling law; otherwise, the
agency's acts would be ultra vires. In The Government of the
Philippine Islands us. Milton E. Spinger, the Supreme Court
was emphatic:
It is beyond the power of any branch of the
Government of the Philippine Islands to exercise its
functions in any other way than that prescribed by
the Organic Law or by local laws which conform to
the Organic Law.1s
Specifically, as regards administrative agencies, the duties
and functions that they exercise must be within the duties and
powers assigned to them by their enabling laws; otherwise,
their acts would be ultra vires:
Administrative agencies derive their power from their
enabling legislation and it cannot exceed that power
which is granted by the legislature1
9
1s G.R. No. L-26979, April1, 1927.
19 Pima County v. Pima County Law Enforcement Merit Sys. Council, 211 Ariz. 224, 227
(Ariz. 2005).
T. Ona, et al.
G.R. No. ______ _
Page -27-
x-------------------------------x
The Food and Drug Administration ("FDA"), an agency
under the supervision of the Department of Health, is one of
the agencies tasked to carry out certain duties under R.A. No.
10354:
SEC. 2. Declaration of Policy. XXX XXX
The State likewise guarantees universal access to
medically-safe, non-abortifacient, effective, legal,
affordable, and quality reproductive health care
services, methods, devices, supplies which do not
prevent the implantation of a fertilized ovum as
determined by the Food and Drug Administration
(FDA) and relevant information and education
thereon xxx xxx xxx
SEC. 3. Guiding Principles for Implementation. xxx xxx
(e) The State shall promote and provide information
and access, without bias, to all methods of family
planning, including effective natural and modern
rnethods which have been proven medically safe,
legal, non-abortifacient, and effective in accordance
with scientific and evidence-based medical research
standards such as those registered and approved
by the FDA for the poor and marginalized as
identified through the NHTS-PR and other
government measures of identifying marginalization:
XXX XXX xxx
'
SEC. 4. Definition ofTerms. xxx XXX XXX
(1) Modem methods of family planning refers to safe,
effective, non-abortifacient and legal methods,
whether natural or artificial, that are registered
with the FDA, to plan pregnancy.
XXX XXX XXX
SEC.9. The Philippine National Drug Formulary
System and Family Planning Supplies. - The National
Drug Formulary shall include hormonal
..,...,
Alliance For The Family Fouudation
T. Ona, et al.
G.R. No. ______ _
Page -28-
x-------------------------------x
contraceptives, intrauterine devices, injectables and
other safe, legal, non-abortifacient and effective
family planning products and supplies. The
Philippine National Drug Formulary System (PNDFS)
shall be observed in selecting drugs including family
planning supplies that will be included or removed
from the Essential Drugs List (EDL) in accordance
with existing practice and in consultation with
reputable medical associations in the Philippines. For
the purpose of this Act, any product or supply
included or to be included in the EDL must have a
certification from the FDA that said product and
supply is made available on the condition that it is
not to be used as an abortifacient.
XXX XXX XXX
SEC. 19. Duties and Responsibilities. -xxx xxx
(c) The FDA shall issue strict guidelines with respect
to the use of contraceptives, taking into
consideration the side effects or other harmful
effects of their use.
A look at these provisions reveals that FDA does the
registration of certain reproductive health products and supplies,
as well as reproductive health services, methods and devices;
ascertains and makes a determination whether these products
and supplies are not being used as abortifacient; and issue
guidelines regarding the use of contraceptives.
A close look at the coverage of its duties shows that it has
been tasked by R.A. No. 10354 to cover not only reproductive
health products and supplies and devices, but also services and
methods. FDA's enabling law, RA 9711,2 however, makes clear
that FDA's functions only cover health establishments, health
products and supplies:
Section 3. It is hereby declared a policy of the State
to adopt, support, establish, institutionalize, improve
and maintain structures, processes, mechanisms
20
Republic Act 9711: "Food and Drng Administration (FDA) Act of 2009".
"10
T. Dna, et al.
G.R. No.-------
Page -29-
X-------------------------------X
and initiatives that are aimed, directed and designed
to: (a) protect and promote the right to health of the
Filipino people; and (b) help establish and maintain
an effective health products regulatory system and
undertake appropriate health manpower
development and research, responsive to the
country's health needs and problems. Pursuant to
this policy, the State must enhance its regulatory
capacity and strengthen its capability with regard to
the inspection, licensing and monitoring of
establishments, and the registration and monitoring
of health products.
Section 4. This Act has the following objectives:
(a) To enhance and strengthen the administrative
and technical capacity of the FDA in the
regulation of establishments and products
under its jurisdiction;
(b) To ensure the FDA's monitoring and regulatory
coverage over establishments and products
under its jurisdiction; and
(c) To provide coherence in the FDA's regulatory
system for establishments and products under
its jurisdiction.
Section 5. Section 4 of Republic Act No. 3720, as
amended, is hereby further amended to read as .
follows:
"SEC. 4. To carry out the provisions of this Act, there
is here by created an office to be called the Food and
Drug Administration (FDA) in the Department of
Health (DOH). Said Administration shall be under the
Office of the Secretary and shall have the following
functions, powers and duties:
"(a) To administer the effective implementation of this
Act and of the rules and regulations issued pursuant
to the same;
"(b) To assume primary jurisdiction in the collection
Philippiues, Inc., et al. vs. Hon. Enrique
T. Ona, et al.
G.R. No. ______ _
Page -30-
x-------------------------------x
of samples of health products;
"(c) To analyze and inspect health products in
connection with the implementation of this Act;
"(d) To establish analytical data to serve as basis for
the preparation of health products standards, and to
recommend standards of identity, purity, safety,
efficacy, quality and fill of container;
"(e) To issue certificates of compliance with technical
requirements to serve as basis for the issuance of
appropriate authorization and spot-check for
compliance with regulations regarding operation of
manufacturers, importers, exporters, distributors,
wholesalers, drug outlets, and other establishments
and facilities of health products, as determined by
the FDA;
"xxx
"(h) To conduct appropriate tests on all applicable
health products prior to the issuance of appropriate
authorizations to ensure safety, efficacy, purity, and
quality;
"(i) To require all manufacturers, traders,
distributors, importers, exporters, wholesalers,
retailers, consumers, and non-consumer users of
health products to report to the FDA any incident
that reasonably indiCates that said product has
caused or contributed to the death, serious illness or
serious injury to a consumer, a patient, or any
person;
"(j) To issue cease and desist orders motu propio or
upon verified complaint for health produts, whether
or not registered with the FDA Provided, That for
registered health products, the cease and desist
order is valid for thirty (30) days and may be
extended for sixty (60) days only after due process
has been observed;
"(k) After due process, to order the ban, recall,
and/ or withdrawal of any health product found to
have caused the death, serious illness or serious
injury to a consumer or patient, or is found to be
imminently injurious, unsafe, dangerous, or grossly
deceptive, and to require all concerned to implement
the risk management plan which is a requirement for
T. Ona, et al.
G.R. No. ______ _
Page -31-
x-------------------------------x
the issuance of the appropriate authorization;
II (1) To strengthen the post market surveillance
system in monitoring health products as defined in
this Act and incidents of adverse events involving
such products;
II (m) To develop and issue standards and appropriate
authorizations that would cover establishments,
facilities and health products;
11
(n) To conduct, supervise, monitor and audit
research studies on health and safety issues of
health products undertaken by entities duly
approved by the FDA;
11
(o) To prescribe standards, guidelines, and
regulations with respect to information,
advertisements and other marketing instruments
and promotion, sponsorship, and other marketing
activities about the health products as covered in
this Act;
"(p) To maintain bonded warehouses and/or
establish the same, whenever necessary or
appropriate, as determined by the director-general
for confiscated goods in strategic areas of the country
especially at major ports of entry; and
11
(q) To exercise such other powers and perform such
other functions as may be necessary to carry out its
duties and responsibilities under this Act. II
Nowhere in the enabling law is there any mention that
the FDA is tasked to evaluate, register or cover health
services as well. The task therefore that R.A. No. 10354 has
allotted to the FDA to cover reproductive health services
constitutes a peculiar instance of undue delegation of power to
the FDA which is not so granted by its enabling law. In the
absence of a specific mandate from its enabling law allowing
the FDA to look into health services, this undue delegation of
power is void.
21
T. Ona, et al.
G.R. No. ______ _
Page -32-
x-------------------------------x
D. R.A. NO. 10354 VIOLATES THE RIGHT TO
FREE EXERCISE OF RELIGION UNDER
SECTION 5, ARTICLE III OF THE
CONSTITUTION IN:
(1) MAKING MANDATORY A SEMINAR ON THE
REPRODUCTIVE HEALTH SERVICES WHICH
NECESSARILY INCLUDE ARTIFICIAL
CONTRACEPTIVES, FOR THE ISSUANCE OF
A MARRIAGE LICENSE, REGARDLESS OF
THE RELIGIOUS CONVICTIONS OF THE
COUPLE.
(2) MAKING MANDATORY THE PROVISION OF
THE FULL RANGE OF REPRODUCTIVE
HEALTH SERVICES WHICH NECESSARILY
INCLUDE ARTIFICIAL CONTRACEPTIVES
FOR PRIVATE HEALTH SERVICE
PROVIDERS, REGARDLESS OF THEIR
RELIGIOUS CONVICTIONS.
Religious freedom is a protected right enshrined 1n
Section 5, Article III of the 1987 Constitution.
Sec. 5. No law shall be made respecting an
establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment
of religious profession and worship, without
discrimination or preference, shall forever be
allowed. No religious test shall be required for the
exercise of civil or political rights. [Emphasis
supplied}.
The pre-eminence of this constitutionally-protected right
has long been upheld by this Court. Thus--
Freedom of religion has been accorded a preferred
status by the framers of our fundamental laws, past
and present. We have affirmed this preferred
status well aware that it is "designed to protect
the broadest possible liberty of conscience, to
allow each man to believe as his conscience
directs, to profess his beliefs, and to live as he
.,...,
T. Dna, et al.
G.R. No. ______ _
Page -33-
x-------------------------------x
believes he ought to live, consistent with the
liberty of others and with the common good." We
have also laboriously defined in our jurisprudence
the intersecting umbras and penumbras of the right
to religious profession and worship.21 [Emphasis
supplied].
The whole policy of the State under R.A. No. 10354 to
promote a reproductive health program that disseminates
information about, disburses public funds for, encourages the
use of, and distributes the products related to artificial
contraception, as well as mandates children and the youth to
undergo a sex education program that is against their moral
conviction and religious belief, infringes upon religious
freedom.
Specifically, Section 15 of R.A. No. 10354 makes it
mandatory for couples to undergo a seminar or program on
responsible parenthood and family planning covering even the
use of artificial contraceptives as a pre-requisite to securing a
marriage license, even if these acts go against their moral
conviction and religious belief. Thus --
SEC. 15. 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.
Section 23 of R.A. 10354 enumerates the prohibited acts
under it that violate the free exercise of religion, to wit:
SEC. 23. Prohibited Acts. - The following acts are
prohibited:
21 Iglesia ni Cristo us. Court of Appeals G.R. No. 119673 July 26, 1996
T. Ona, et al.
G.R. N o . - - - - - - ~
Page -34-
x-------------------------------x
(a) Any health care 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 reproductive health including the
right to informed choice and access to a full range of
legal, medically-safe, non-abortifacient and effective
family planning methods;
(2) Refuse to perform legal and medically-safe
reproductive health procedures on any person of
legal age on the ground of lack of consent or
authorization of the following persons in the
following instances:
(i) Spousal consent in case of married
persons: Provided, That in case of disagreement, the
decision of the one undergoing the procedure shall
prevail; and
XXX XXX XXX
(3) Refuse to extend quality health care services
and information on account of the person's
tnarital status, gender, age, religious convictions,
personal circumstances, or nature of
work: Provided, That the conscientious objection
of a health care service provider based on
his I her ethical or religious beliefs shall be
respected; however, the conscientious objector
shall immediately refer the person seeking such
care and services to another health care service
provider within the same facility or one which is
conveniently accessible: Provided, further, That
the person is not in an emergency condition or
serious case as defined in Republic Act No. 8344,
which penalizes the refusal of hospitals and medical
clinics to administer appropriate initial medical
treatment and support in emergency and senous
cases;
-.A
T. Ona, et al.
G.R. No. ______ _
Page -35-
x-------------------------------x
(a) Any public officer, elected or appointed,
specifically charged with the duty to implement
the provtstons hereof, 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; or refuses to allocate, approve or release
any budget for reproductive health care services, or
to support reproductive health programs; or shall
do any act that hinders the full implementation of a
reproductive health program as mandated by this
Act
'
XXX XXX XXX
SEC. 24. 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
pesos (P10,000.00) to One hundred thousand pesos
(P100,000.00), or both such fine and imprisonment
at the discretion of the competent court: Provided,
That, if the offender is a public officer, elected or
appointed, he/ she shall also suffer the penalty of
suspension not exceeding one ( 1) year or removal
and forfeiture of retirement benefits depending on
the gravity of the offense after due notice and
hearing by the appropriate body or agency.
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. If the offender is a pharmaceutical
company, its agent and/ or distributor, their license
or permit to operate or conduct business in the
Philippines shall be perpetually revoked, and a fine
triple the amount involved in the violation shall be
imposed. [Emphasis supplied]
T. Dna, et al.
G.R. No.
Page -36-
x-------------------------------x
Under the above questioned provisions, a health care
service provider is constrained to provide information
regarding programs and services on reproductive health, even
if these programs and services are offensive to him or her
as they violate his or her moral conviction and religious
belief.
Moreover, the health care service provider is compelled to
extend health care services and disseminate information
regarding the said programs and services, even if these acts
are against his or her moral convictions and religious
belief.
While the Act has made an exception for the
conscientious objector who shall then be required instead to
"immediately refer the person seeking such care and services
to another health care service provider within the same facility
or one which is conveniently accessible,"
2
2 the conscientious
objector is forced by the Act to do so even if these acts
violate his or her moral and religious freedom.
In the case of a public official who is elected or
appointed, specifically charged with the duty to implement the
provisions of the Act, he or she personally or through a
subordinate, is required not to prohibit or restrict the delivery
of legal and medically-safe reproductive health care services,
including family planning, and not to refuse to allocate,
approve or release any budget for reproductive health care
services. Moreover, such. public officer is constrained to
support reproductive health programs; and he or she shall not
do any act that hinders the full implementation of a
reproductive health program as mandated by R.A. 10354,
even if these acts go against his or her religious beliefs.
To sustain R.A. No. 10354 would be to allow the State to
infringe on a right enshrined in the Bill of Rights which the
State is mandated to protect.
22
Section 23, par. 3, R.A. No. 10534.
T. Dna, et al.
G.R. No. ______ _
Page -37-
x-------------------------- -----X
In the pithy language of Mr. Justice Robert
Jackson, the purpose of the Bill of Rights is to
withdraw "certain subjects from the vicissitudes of
political controversy, to place them beyond the
reach of majorities and officials, and to establish
them as legal principles to be applied by the courts.
One's rights to life, liberty and property, to free
speech, or free press, freedom of worship and
assembly, and other fundamental rights may not be
submitted to a vote; they depend on the outcome of
no elections. "23
This Court has invalidated State action when it hindered
the free exercise of religion of a group of people (whether by a
minority group or by a majority group), no matter how "bizarre
those beliefs may seem to others."2
4
Thus--
1) The Supreme Court invalidated the expulsion
of a group of students who professed belief as
Jehovah's Witnesses and refused to salute to
the flag because it violated their religious
belief; 25
2) The Court upheld the exemption of members
of the Iglesia ni Cristo from the coverage of a
closed shop agreement between their employer
and a union because it would violate the
teaching of their church not to join any labor
group;26
3) The Court struck down a tax which infringed
on the free exercise and enjoyment of religious
profession and the right to disseminate
religious information;27
23 Philippine Blooming Mills Employment Organization us. Philippine Blooming Mills, G.R.
No. L-31195 June 5, 1973.
24 Ebralinag us. The Division Superintendent G.R. No. 95770 March 1, 1993.
2s Ibid.
26 Victoriano us. Elizalde Rope Workers' Union, 59 SCRA 54, 72-75.
27 American Bible Society us. The City of Manila G.R. No. L-9637, April30, 1957.
27
T. Ona, et al.
G.R. No. ______ _
Page -38-
x-------------------------------x
3) The Court declared that it cannot penalize the
peculiar conjugal arrangement of the woman
subject of the case because of religious
freedom.2s
If the State is allowed to compel its citizens to submit to
a State policy under R.A. No. 10354 which violates their moral
conviction and religious belief, then the State would be
allowed to abdicate, nay disregard and trample upon, the very
duty that it is mandated to do-to give the highest protection
to the most fundamental rights of its citizens.
Since the implementation of R.A. No. 10354 will involve
the disbursement of funds sourced from taxpayers' money,
among whom are conscientious objectors to the said law, the
State cannot compel these conscientious objectors to pay
taxes for a policy being adopted by the State which is against
the free exercise of religion.
In Oposa us. Factoran,
2
9 the Court has this to say:
In addition, petitioners, as taxpayers, possess the
right to restrain officials from wasting public
funds through the enforcement of an
unconstitutional statute._ It is well-settled that a
taxpayer has the right to enjoin public officials from
wasting public funds through the implementation of
an unconstitutional statute, and by necessity, he
tnay assail the validity of a statute appropriating
public funds. The taxpayer has paid his taxes and
contributed to the public coffers and, thus, may
inquire into the manner by which the proceeds of
his taxes are spent. The expenditure by an
official of the State for the purpose of
administering an invalid law constitutes a
misapplication of such funds. [Emphasis ours].
28 Estrada us. Escritor, A.M. No. P-02-1651, June 22, 2006.
29 Oposa us. Factoran, Jr., 224 SCRA 792.
Philippines, luc., et al. vs. Hon. Eurique
T. Ona, et al.
G.R. No. ______ _
Page -39-
x-------------------------------x
It has been held that when the State establishes a law
with a secular purpose and that law infringes on a
fundamental right, then that law should be struck down.
Generally speaking, a legislative act that purposely
aids or inhibits religion will be challenged as
unconstitutional, either because it violates the Free
Exercise Clause or the Establishment Clause or
both. This is true whether one subscribes to the
separationist approach or the benevolent neutrality
or accommodationist approach.
But the more difficult religion cases involve
legislative acts which have a secular purpose and
general applicability, but may incidentally or
inadvertently aid or burden religious exercise.
Though the government action is not religiously
motivated, these laws have a "burdensome effect" on
religious exercise.
The benevolent neutrality theory believes that with
respect to these governmental actions,
accommodation of religion may be allowed, not to
promote the government's favored form of religion,
but to allow individuals and groups to exercise their
religion without hindrance. The purpose of
accommodation is to remove a burden on, or
facilitate the exercise of, a person's or institution's
religion. As Justice Brennan explained, the
"government [may] take religion into account ... to
exempt, when possible, from generally applicable
governmental regulation individuals whose religious
beliefs and practices would otherwise there by be
infringed, or to create without state involvement an
atmosphere in which voluntary religious exercise
may flourish." In the ideal world, the legislature
would recognize the religions and their practices
and would consider them, when practical, in
enacting laws of general application. But when the
legislature fails to do so, religions that are
Philippines, Iuc., et al. vs. Hou. Enrique
T. Ona, et al.
G.R. No. _____ _
Page -40-
X-------------------------------X
threatened and burdened may turn to the courts
for protection.
Finally, we must consider the language of the.
Religion Clauses vis-a-vis the other fundamental
rights in the Bill of Rights. It has been noted that
unlike other fundamental rights like the right to
life, liberty or property, the Religion Clauses are
stated in absolute terms, unqualified by the
requirement of "due process,"
"unreasonableness," or "lawful order." Only the
right to free speech is comparable in its absolute
grant. [Emphasis supplied} 30
R.A. No. 10354, with all its avowed secular purposes,
unfortunately infringes on religious freedom which 1s a
fundamental right; therefore, it should be struck down.
E. R.A. NO. 10354 VIOLATES THE RIGHT OF
SPOUSES TO FOUND A FAMILY IN
ACCORDANCE WITH THEIR RELIGIOUS
CONVICTIONS UNDER SECTION 3(1)
ARTICLE XV OF THE CONSTITUTION IN
MAKING REPRODUCTIVE HEALTH
EDUCATION MANDATORY, HENCE
INTERFERING IN THE RIGHT OF THE
PARENTS TO EDUCATE THEIR CHILDREN
IN THE MANNER THEY DEEM FIT UNDER
SECTION 12, ARTICLE II.
The Constitution has recognized the natural and primary
right and duty of parents to educate their own children and
raise them in the manner they deem fit. This is embodied in
Section 12, Article II as well as Article XIV of the 1987
Constitution. Thus --
Section 12. [Article II] The State recognizes the
sanctity of family life and shall protect and
3o Ibid., 14.
T. Ona, et al.
G.R. No. ______ _
Page -41-
x-------------------------------x
strengthen the family as a basic autonomous social
institution. xxx xxx xxx. 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.
Section 2. [Article XIV] The State shall:
1. XXX XXX XXX
2. Establish and maintain a system of free public
education in the elementary and high school levels.
Without limiting the natural rights of parents to
rear their children, elementary education 1s
compulsory for all children of school age;
[Emphasis supplied].
R.A. No. 10354 constitutes an unlawful and
unconstitutional intrusion into the right of parents to found a
family according to the beliefs and convictions that they hold
as well as rear and educate their children in the most
appropriate manner they deem fit. The questioned law
legislates criteria for parents to observe in raising their family
and educating their children which may run counter to their
personal beliefs and religious convictions.
This can be gleaned from Section 14 of R.A. No. 10354
which defines the government programs that usurp and
intrude into the parents' primary right and duty to rear and
educate their children according to their religious conviction,
to wit:
SEC.14. Age-andDeuelopment-Appropriate
Reproductive Health Education. - The State shall
provide age- and development-appropriate
reproductive health education to adolescents which
shall be taught by adequately trained teachers
informal and nonformal educational system and
integrated in relevant subjects such as, but not
limited to, values formation; knowledge and skills in
self-protection against discrimination; sexual abuse .
and violence against women and children and other
111
T. Dna, et al.
G.R. N o . - - - - ~ - - - '
Page -42-
x-------------------------------x
forms of gender based violence and teen pregnancy;
physical, social and emotional changes in
adolescents; women's rights and children's rights;
responsible teenage behavior; gender and
development; and responsible parenthood: Provided,
That flexibility in the formulation and adoption of
appropriate course content, scope and methodology
in each educational level or group shall be allowed
only after consultations with parents-teachers-
community associations, school officials and other
interest groups. The Department of Education
(DepED) shall formulate a curriculum which shall
be used by public schools and may be adopted by
private schools.
The State has thus violated the sanctity of the family
home and usurped the rights and duties of parents to rear and
educate their children in accordance with their religious
conviction by forcing some rules and State programs for
reproductive health contrary to their religious beliefs. This
imposition goes against the very right of the parents to decide
for themselves the principles and values by which to bring up
their children. In the matter of education, and especially
sexuality education, the parents have the primary duty to
undertake this task for their children. For the State to
interfere in such a delicate parental task is unwarranted and
should not be countenanced because the duty of the State is
merely to support, not supplant, the parents in their moral
duty to form the consciences of their children.
T. Ona, et al.
G.R. No. ______ _
Page -43-
x-------------------------------x
VIII. ARGUMENTS IN SUPPORT OF THE APPLICATION
FOR URGENT ISSUANCE OF
A TEMPORARY RESTRAINING ORDER
AND/OR WRIT OF PRELIMINARY INJUNCTION
A preliminary injunction may issue upon a showing of
compliance with the requirements of Rule 58 of the Rules of
Court which provides:
"SEC. 3. Grounds for issuance of preliminary
injunction.-A preliminary injunction may be granted
when it is established.
"(a) That the applicant is entitled to the
relief demanded, and the whole or part of such
relief consists in restraining the commission or
continuance of the act or acts complained of, or in
requiring the performance of an act or acts, either
for a limited period or perpetually;
"(b) That the commission, continuance or non-
performance of the act or acts complained of during
the litigation would probably work injustice to the
applicant; or
"(c) That a party, court, agency or a person
is doing, threatening, or is attempting to do, or
is procuring or suffering to be done, some act or
acts probably in violation of the rights of the .
applicant respecting the subject of the action or
proceeding, and tending to render the judgment
ineffectual."
"SEC. 4. Verified application and bond for
preliminary injunction or temporary restraining
order.-A preliminary injunction or temporary
restraining order may be granted only when:
" (a) The application in the action or proceeding
is verified, and shows facts entitling the applicant
to the relief demanded;
Philippines, Iuc., et al. vs. Hou. Enrique
T. Ona, et al.
G.R. No. ______ _
Page -44-
x-------------------------------x
XXX XXX xxx" [Emphasis supplied]
The Honorable Court summarized the foregoing
requisites for a writ of preliminary injunction, thus:
To be entitled to a writ of preliminary
injunction, however, the petitioners must establish
the following requisites: (a) the invasion of the right
sought to be protected is material and substantial;
(b) the right of the complainant is clear and
unmistakable; and (c) there is an urgent and
permanent necessity for the writ to prevent serious
damage.
31
The foregoing discussion of arguments is hereby re-
pleaded to support the prayer for the Urgent issuance of a
temporary restraining order and/ or writ of preliminary
injunction.
In the instant case, all of the above requisites for the
issuance of a writ of preliminary injunction are present. As
submitted above, pursuant to Oposa us. Factoran, among the
Petitioners herein are the generations of Filipinos yet unborn,
whose right to life is in danger due to the enactment of R.A.
101354. In this context and in view of all the foregoing
discussion, the satisfaction of the requisites is unmistakable --
First, it is submitted that there is extreme urgency to
issue a temporary restraining order prior to the effectivity and
implementation of R.A. No. 10354 in order to avoid grave,
permanent and irreparable injury. What could be graver and
more irreparable than the injury, sickness and/ or death itself
not only of the mother but of the defenseless unborn in
his/her most vulnerable state?
Second, the invasion of the right sought to be protected
is material and substantial, for what invasion could be more
substantial than that where injury, sickness and/ or death will
31
China Banking Corporation vs. Co, G.R. No. 174569, September 17, 2008.
T. Ona, et al.
G.R. No. ______ _
Page -45-
x-------------------------------x
be a consequence, and in this case, the injury and/or death
not only of the mother but of the defenseless unborn?
Third, the right of the complainant is clear and
unmistakable. Here, the right to life of the unborn from
conception is guaranteed by the Constitution itself.
Fourth, there is an urgent and permanent necessity for
the writ to prevent serious damage. In the instant case,
permanent damage, particularly death, will be suffered by the
Petitioners unless a writ is issued enJoining the
implementation and effectivity of R.A. No. 10354. Otherwise,
hundreds of Filipinos yet unborn will perish because of the
IUD, the contraceptive pill, and others whose mechanishm not
only prevents fertilization but deters implantation of the
fertilized ovum.
Considering the foregoing, it is submitted that there is
every basis to issue immediately a temporary restraining
order, and thereafter, a writ of preliminary injunction, against
the effectivity and implementation of R.A. No. 10354.
IX. CONCLUSORY
For all the difficulties besetting our country, there are
priceless treasures that we continue to enjoy-Filipino
children are loved and each birth is considered a blessing;
Filipino family members love and care for one another,
children and the elderly alike; and no difficulty is
insurmountable for the Filipino people because of their faith.
If R.A. No. 10354 will take effect, Life, Family, and Faith,
will gradually-but certainly-be destroyed.
In closing, therefore, Petitioners beseech the Honorable
Court to protect Filipino life, family and faith, for our sake, for
the sake of our children, and for the sake of all the Filipino
children yet unborn.
AI""
T. Ona, et al.
G.R. No. ______ _
Page -46-
x-------------------------------x
PRAYER
WHEREFORE, Petitioners respectfully pray that this
Honorable Court issue:
1. A Temporary Restraining Order and/or Writ of
Preliminary Injunction enJOining the
respondent public officers, and all persons.
acting on their behalf, from implementing the
same;
2. A Judgment declaring Republic Act No. 10354,
the Responsible Parenthood and Reproductive
Health Act of 2012, as unconstitutional in
violation of Section 12 and 15, Article II;
Section 5, Article III; Section 2(2), Article XIV;
and Section 3, Article XV of the 1987
Constitution; hence, null and void; and
3. A Judgment permanently enJoining the
acting on their behalf, to cease and desist from
implementing R.A. No. 10354.
Other reliefs as may be just and equitable under the
premises are likewise prayed for.
Quezon City for the City of Manila, January 09, 2013.
MCS NOCHE LAW OFFICE
Counsel for Petitioners
91 Melchor Street
Loyola Heights, 1108 Quezon City
Philippines, Inc., et al. vs. Ron. Enrique
T. Dna, et al.
G.R. No. ______ _
Page -47-
x-------------------------------x
By:
Atty.f/JflirA C ~ N ~ . A*E
Roll of Attorneys No. 32455
PTR No. 10745818/ January 03, 2012/ Taal, Batangas
IBP No. 877745/ January 04, 2012 / Batangas Chapter
MCLE Compliance No. III- 0008741 issued on Feb. 22, 2010
VERIFICATION
and
CERTIFICATE OF NON-FORUM SHOPPING
I, MARIA CONCEPCION S. NOCHE, of legal age, a Filipino
citizen, with office address at 91 Melchor Street, Loyola
Heights, Quezon City, after having been duly sworn to in
accordance with law, do hereby depose and state, that:
1. I am the President of ALLIANCE FOR THE FAMILY
FOUNDATION PHILIPPINES, INC. (ALFI).
2. ALFI is one of the Petitioners in the instant Petition for
Prohibition with Prayer for the Issuance of a Temporary
Restraining Order and/ or Writ of Preliminary Injunction;
3. I have been authorized by the Board of Trustees of ALFI
to file and represent it in the instant Petition and to sign
any and all required documents and pleadings, as shown
in the attached Secretary's Certificate (Annex "B");
4. I have read the Petition and the allegations therein are
true and correct of my personal knowledge and based on
authentic records;
5. I have not commenced on behalf of ALFI any action,
petition or filed any claim involving the same issues in
any court, tribunal or quasi-judicial agency and, to the
11""7
T. Oua, et al.
G.R. No. ______ _
Page -48-
x-------------------------------x
best of my knowledge, no such other action, petition or
claim is pending therein;
6. If there is such other pending action, petition or claim, I
shall file or cause to be filed a complete statement of the
present status thereof;
7. If I should thereafter learn that the same or similar
action, petition or claim has been filed or is pending, I
shall report that fact within five (5) days therefrom to the
Honorable Court.
Quezon City, 07th day of January 2013.
' . J
.flfdnA 'N'ocHE
\)
s
SUBSCRIBED AND SWORN TO this __ th day of January
2013, Maria Concepcion S. Noche to her TIN
107-793-465. oQcio
Doc. No. _ r:J,.f,t
Page No. ;
BookNo. >f .. ((;
Series of 20 13.
': '- ;r\: 'i
CITY
' ' 1:
1
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156 VALEftO )1. J>.,-..,,J.l,"; .nl '{
T. Dna, et al.
G.R. N o . - - - - - - ~
Page -49-
x-------------------------------x
VERIFICATION
and
CERTIFICATE OF NON-FORUM SHOPPING
WE, Maria Concepcion S. Noche, Salvacion C. Monteiro,
Reynaldo S. Luistro & Rosie B. Luistro, Jose S. Sandejas &
Elenita S.A. Sandejas, Salvador S. Mante Jr. & Hazeleen L.
Mante, Rolando M. Bautista & Maria Felisa S. Bautista, Arturo
M. Gorrez & Marietta C. Gorrez, Mariano V. Araneta & Eileen
Z. Araneta, Desiderio L. Racho & Tranquilina R. Racho,
Fernand Antonio A. Tansingco & Carol Anne C. Tansingco,
Renata C. Castor & Mildred C. Castor, Mindy M. Juatas,
Emily R. Laws, Katrina R. Laws, Joseph R. Laws, Alexander R.
Racho & Zara Z. Racho, Alfred R. Racho & Francine C. Racho,
David R. Racho & Armilyn A. Racho, all citizens of the
Republic of the Philippines, of legal age, for ourselves and on
behalf of our minor children, with address at cjo Unit 530
Richville Corporate Tower, Madrigal Business Park, 1107
Alabang-Zapote Road, Muntinlupa City, after having been duly
sworn to in accordance with law, do hereby depose and state,
that:
1. We are the Petitioners in the instant Petition for
Prohibition with Prayer for the Urgent Issuance of a
Temporary Restraining Order and/ or Writ of Preliminary
Injunction;
2. We have read the Petition and the allegations therein are
true and correct of our personal knowledge and based on
authentic records;
3. We have not commenced any action, petition or filed any
claim involving the same issues in any court, tribunal or
quasi-judicial agency and, to the best of our knowledge,
no such other action, petition or claim is pending therein;
T. Ona, et al.
G.R. No. _____ _
Page -50-
X-------------------------------X
4. If there is such other pending action, petition or claim,
we shall file or to be filed a complete statement of
the present status thereof;
5. If we should thereafter learn that the same or similar
action, petition or claim has been filed or is pending, we
shall report that fact within five (5) days therefrom to the
Honorable Court.
Makati City, Q9th day of January 2013.
- . J
tMcHE

JOSE S. SANDEJAS

SALVADOR S. MANTE, JR.
ISTA

MARIANO V. ARANETA
C. M(mTEIRO

ROSIE B. LUISTRO
?,;
ELENITA S.A. SANDEJAS

T. Ona, et al.
G.R. No. _____ _
Page -51-
x-------------------------------x
1/cR
DESIDERIO RACHO
//
/,.
.
TRANQUILINA RACHO
FERNAND A TONIO A. TANSINGGO
CAROL ANNE C. TANSINGCO
.......---t--TL--
y M. JUATAS.

KATRINA R. LAWS
, __ , ____ z
JOSEPH R. LAWS
ZARA Z. RACHO
,4 rt1:/ '1'"' lr . lfZcccL..c
ARMILYN A. RACHO
T. Dna, et al.
G.R. No. _____ _
Page -52-
x-------------------------------x
SUBSCRIBED AND SWORN TO this 09th day of January 2013,
the affiants exhibiting to me their respective Tax Identification
Nos:
Name T.I.N.
MARIA CONCEPCION S. NOCHE 107-793-465
SALVACION C. MONTEIRO 121-513-990
REYNALDO S. LUISTRO 108-035-849
ROSIE B. LUISTRO 182-913-066
JOSE S. SANDEJAS 103-177-273
ELENITA S.A. SANDEJAS 165-4 73-585
SALVADOR S. MANTE, JR 110-109-015
HAZELEEN L. MANTE 123-539-357
ROLANDO M. BAUTISTA 151-150-094
MARIA FELISA S. BAUTISTA 151-150-094
ARTURO M. GORREZ
MARIETTA C. GORREZ 123-035-236
MARIANO V. ARANETA
IDl- <'beu- ~ t ? : r
EILEEN Z. ARANETA 402-608-807
DESIDERIO RACHO 172-993-865
TRANQUILINA RACHO 172-993-865
FERNAND ANTONIO A. TANSINGCO 135-566-565
E;'J
T. Ona, et al.
G.R. No. _____ _
Page -53-
x-------------------------------x
CAROL ANNE C. TANSINGCO
RENATO C. CASTOR
MILDRED C. CASTOR
MINDY M. JUATAS
EMILY R. LAWS
KATRINA R. LAWS
JOSEPH R. LAWS
ALEXANDER R. RACHO
ZARA Z. RACHO
ALFRED R. RACHO
FRANCINE C. RACHO
DAVID R. RACHO
ARMILYN A. RACHO
Doc. No. 7-/0 ;
Page No ..
Book No. 'l..y t 1;
Series of 2613.
123-014-089
109-403-521
109-403-521
200-335-782
907-683-361
303-794-256
000-137-813
155-997-939
155-997-939
178-930-706
178-930-706
234-204-033
234-204-033
EP.'I'"' ;:-. '"'D1f;!0
NOT.l\RY FLCL.;L :. ' . c1
llNTILCEC.;>.1.20i:1///i.. . .:>?1
PH
ROLL.;<. .. '. ' :n G'Sf\08- fdZ!IL c:h\: C.;. c.Ji: .. ML
,: .' IQ5:)7/29MARCH2JIO
1 ,, .. , .:. : .: _.. _. , . _L.;. ::. r.:.i\t<:ATI CITY
Philippines, Inc., et al. vs. Hon. Enriqut!
T. Ona, et al.
G.R. N o . - - - - - - ~
Page -54-
x-------------------------------x
Copy furnished by registered mail:
1. Hon. Paquito N. Ochoa, Jr., Executive Secretary
Office of the President of the Philippines
2. Hon. Enrique T. Ona, Secretary
Department of Health
San Lazaro Compound, City of Manila
3. Hon. Armin A. Luistro, Secretary
Department of Education
DepEd Complex, Meralco Avenue, Fasig City
4. Hon. Corazon Soliman, Secretary
Department of Social Welfare and Development
Batasang Pambansa Complex
Constitution Hills, Quezon City
5. Hon. Manuel A. Roxas II, Secretary
Department of Interior and Local Government
EDSA cor. Mapagmahal St., Diliman, Quezon City
6. Hon. Florencio B. Abad, Secretary
Department of Budget and Management
7. Hon. Arsenio M. Balisacan
Socio-Economic Planning Secretary
and NEDA Director-General
12 Saint Josemaria Escriva Drive
Ortigas Center, Fasig City
8. Philippine Commission On Women
Thru: Chairperson Remedios Ignacio-Rikken
1145 J.P. Laurel St., San Miguel Manila
9. Philippine Health Insurance Corporation
Thru: President Eduardo Banzon
Citystate Centre, 709 Shaw Boulevard 1603
Pasig City
T. Ona, et al.
G.R. No. ______ _
Page -55-
x-------------------------------x
10. League of Provinces of the Philippines
Thru: President Alfonso U mali
Unit 1510 West Tower, Philippine Stock Exchange Center
Exchange Road, Ortigas Center, Pasig City
11. League of Cities of the Philippines
Thru: President Oscar Rodriguez
7th Floor, Unit J & K, CyberOne Building
Eastwood Brgy. Bagumbayan, Quezon City
12. League of Municipalities of the Philippines
Thru: President Donato Marcos
2nd Fir. LMP Building, 265 Ermin Garcia Street
Cubao, Quezon City
EXPLANATION
This verified Petition for Prohibition with Prayer for the
Urgent Issuance of a Temporary Restraining Order and/or
Writ of Preliminary Injunction was served on the respondents
by registered mail with return card due to time and personnel
constraints.
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S. No. 2865
H. No. 4244
A Vlnele "A ..
of fqt Jlfilipp1nes
nf Jl4ilippines

Jlfiffe.enflt
miprn

Begun and held in Metro Manila, on Monday, the twenty-third
day of July, two thousand twelve.
[REPUBLIC ACT. NO. 1 Q 3 54 ]
AN ACT PROVIDING FOR A NATIONAL POLICY ON
RESPONSIBLE PARENTHOOD AND REPRODUCTIVE
HEALTH
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
SECTION 1. Title. - This Act shall be known as
"The Responsible Parenthood and Health Act of
2012".
SEC. of Policy. - The State recognizes and
guarantees rights of all persons including their right
to equality and nondiscrimination of these rights, the right to
sustainable human development, the right to health which
includes reproductive health, the right to education and
information, and the right to choose and make decisions for
themselves in accordance with their religious convictions, ethics,
cultural beliefs, and the demands of responsible
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""" Pursuant to the declaration of State policies under Section
fj, Article II of the 1987 Philippine Constitution, it is the duty of
the State to protect and strengthen the family as a basic
autonomous social institution and equally protect the life of the
mother and the life of the unborn from conception. The State
slutll protect and promote the right to health ofwomen especially
in particular and of the people in general and instill
'health consciousness amon:g them. The family is the natural and
.furtdamental unit of society. The State shall likewise protect and
the right of families in partic'ular and the people in general
.to tt balanced and healthful environment in accord with the
rhythm and harmony of nature. The State also recognizes and
guarantees the promotion and equal protection of the welfare and
rigl!'ts of children, the youth, and the unborn.
Moreover, the State recognizes and guarantees the
promotion of gender equality, gender equity, women empowerment
and dignity as a health and human rights concern and as a social
responsibility. The advancement and protection of women's
human rights shall be central to the efforts of the State to address
reproductive health care.
The State recognizes marriage as an inviolable social
institution and the foundation of the family which in turn is the
foundation of the nation. Pursuant thereto, the State s,hall defend:
(a) The right of spouses to found a family in accordance
with their religious convictions and the demands of responsible
parenthood;
(b) The right of children to assistance, including proper
care and nutrition, and special protection from all forms of neglect,
abuse, cruelty, exploitation, and other conditions prejudicial to
their development;
(c) The right of the family to a family living wage and
income; and
(d) The right of families or family associations to participate
in the planning and implementation of policies and programs
that affect them.
The State likewise guarantees universal access to medically-
safe, non-abortifacient, effective, legal, affordable, and quality
reproductive health care services, methods, devices, supplies
which do not prevent the implantation of a fertilized ovum as
determined by the Food and Drug Administration (FDA) and
relevant information and education thereon according to the.
priority needs of women, children and other underprivileged
sectors, giving preferential access to those identified through the
National Household Targeting System for Poverty Reduction
(NHTS-PR) and other government measures of identifying
marginalization, who shall be voluntary beneficiaries of
reproductive health care, services and supplies for free.
The State shall eradicate discriminatory practices, laws
and policies that infringe on a person's exercise of reproductive
health rights.
The State shall also promote openness to life: Provided,
That parents bring forth to the world only those children whom
they can raise in a truly humane way.
SEC. 3. Guiding Principles for Implementation. - This
Act declares the following as guiding principles:
(a) The right to make free and informed decisions, which
is central to the exercise of any right, shall not be subjected to
any form of coercion and must be fully guaranteed by the State,
like the right itself;
(b) Respect for protection and fulfillment of reproductive
health and rights which seek to promote the rights and welfare of
every person particularly couples, adult individuals, women and
adolescents;
(c) Since human resource is among the principal assets of
the country, effective and quality reproductive health care services
must be given primacy to ensure maternal and child health, the
health of the unborn, safe delivery and birth of healthy children,
and sound replacement rate, in line with the State's duty to
promote the right to health, responsible parenthood, social justice
and full human development;
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(d) The provision of ethical and medically safe, legal,
accessible, affordable, non-abortifacient, effective and quality
reproductive health care services and supplies is essential in the
promotion of people's right to health, especially those of women,
the poor, and the marginalized, and shall be incorporated as a
component of basic health care;
(e) The State shall promote and provide information and
access, without bias, to all methods of family planning, including
effective natural and modern methods which have been proven
medically safe, legal, non-abortifacient, and effective in accordance
with scientific and evidence-based medical research standards
such as those registered and approved by the FDA for the poor
and marginalized as identified through the NHTS-PR and other
government measures of identifying marginalization: Provided,
That the State shall also provide funding support to promote
modern natural methods of family planning, especially the
Billings Ovulation Method, consistent with the needs of acceptors
and their religious convictions;
(f). The State shall promote programs that: (1) enable
individuals and couples to have the number of children they desire
with due consideration to the health, particularly of women, and
the resources available and affordable to them and in accordance
with existing laws, public morals and their religious convictions:
Provided, That no one shall be deprived, for economic reasons, of
the rights to have children; (2) achieve equitable allocation and
utilization of resources; (3) ensure effective partnership among
national government, local gov.e;rnment units (LGUs) and the
private sector in the design, ilp.plementation, coordination,
integration, monitoring and evaluation of people-centered
programs to enhance the quality of life and environmental
protection; (4) conduct studies to analyze demographic trends
including demographic dividends from sound population policies
towards sustainable human development in keeping with the
principles of gender equality, protection of mothers and children,
born and unborn and the promotion and protection of women's
reproductive rights and health; and (5) conduct scientific studies
to determine the safety and efficacy of alternative medicines and
methods for reproductive health care development;
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(g) The provision of reproductive health care, information
and supplies giving priority to poor beneficiaries as identified
through the NHTS-PR and other government measures of
identifying marginalization must be the primary responsibility
of the national government consistent with its obligation to
respect, protect and promote the right to health and the right to
life;
(h) The State shall respect individuals' preferences and
choice of family planning methods that are in accordance with
their religious convictions and cultural beliefs, taking into
consideration the State's obligations under various human rights
instruments;
(i) Active participation by nongovernment organizations
(NGOs), women's and people's organizations, civil society,
faith-based organizations, the religious sector and
commuruties is crucial to ensure that reproductive health and
population and development policies, plans, and programs will
address the priority needs of women, the poor, and the
marginalized;
(j) While this Act recognizes that abortion is illegal and
punishable by law, the government shall ensure that all women
needing care for post-abortive complications and all other
complications arising from pregnancy, labor and delivery and
related issues shall be treated and counseled in a humane,
nonjudgmental and compassionate manner in accordance with
law and medical ethics;
(k) Each family shall have the right to determine its ideal
family size: Provided, h9wever, That the State shall equip each
parent with the necessary information on all aspects of family
life, including reproductive health and responsible parenthood,
in order to make that determination;
(1) There shall be no demographic or population targets
and the mitigation, promotion andlor stabilization of the population
growth rate is incidental to the advancement of reproductive
health;
(m) Gender equality and women empowerment are
central elements of reproductive health and population and
development;
(n) The resources of the country must be made to serve the
entire population, especially the poor, and allocations thereof must
be adequate and effective: Provided, That the life of the unborn
is protected;
(o) Development is a multi-faceted process that calls for
the haxmonization and integration of policies, plans, programs
and projects that seek to uplift the quality of life of the people,
more particularly the poor, the and the marginalized;
and
(p) That a comprehensive reproductive health program
addresses the needs of people throughout their life cycle.
SEC. 4. Definition of Terms. - For the purpose of this
Act, the following terms shall be defined as follows:
(a) Abortifacient refers to any drug or device that induces
abortion or the destruction of a fetus inside the mother's womb or
the prevention of the fertilized ovum to reach and be implanted in
the mother's womb upon determination of the FDA
(b) Adolescent refers to young people between the ages of
ten (10) to nineteen (19) years who are in transition from childhood
to adulthood.
(c) Basic Emergency Obstetric and Newborn Care
(BEMONC) refers to lifesaving services for emergency maternal
and newborn conditions/complications being provided by a health
facility or professional to include the following services:
administration of parenteral oxytocic drugs, administration of
of parenteral anticonvulsants, administration of parenteral
antibiotics, administration of maternal steroids for preterm labor,
performance of assisted vaginal ctetiveries, removal of retained
placental products, and manual removal of retained placenta. It
also includes neonatal interventions which include at the
mmunum: newborn resuscitation, provision of warmth, and
referral, blood transfusion where possible.
(d) Comprehensive Emergency Obstetric and Newborn
Care (CEMONC) refers to lifesaving services for emergency
maternal and newborn conditions/complications as in Basic
Emergency Obstetric and Newborn Care plus the provision of
surgical delivery (caesarian section) and blood bank services, and
other highly specialized obstetric interventions. It also includes
emergency neonatal care which includes at the minimum: newborn
resuscitation, treatment of neonatal sepsis infection, oxygen
support, and antenatal administration of(maternal) steroids for
threatened premature delivery.
(e) Family plann.ing 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 access to a full range of safe, affordable,
effective; non-abortifacient modern natural and artificial methods
of planning pregnancy.
(f) Fetal and infant death review refers to a qualitative
and in-depth study of the causes offetal and infant death with
the primary purpose of preventing future deaths through changes
or additions to programs, plans and policies.
(g) Gender equality refers to the principle of equaU.ty
between women and men and equal rights to enjoy conditions in
realizing their full human potentials to contribute to, and benefit
from, the results of development, with the State recognizing that
all human beings are free and equal in dignity and rights. It
entails equality in opportunities, in the allocation of resources or
benefits, or in access to services in furtherance of the rights to
health and sustainable' human development among others,
without discrimination.
(h) Gender equity refers to the policies, instruments,
programs and actions that address the disadvantaged position of
women in society by providing preferential treatment and
affirmative action. It entails fairness and justice in the
distribution of benefits and responsibilities between women and
men, and often requires women-specific projecU! and programs to
end existing inequalities. This concept recognizes that while
reproductive health involves women and men, it is more critical
for women's health.
(i) Male responsibility refers to the involvement,
commitment, accountability and responsibility of males in all
areas of sexual health and reproductive health, as well as the
care of reproductive health concerns specific to men.
(j) Maternal death review refers to a qualitative and
in-depth study of the causes of maternal death with the primary
purpose ofpreventin.g future deaths thfough changes or additions
to programs, plans and policies.
(k) Maternal health refers to the health of a woman of
reproductive age inclblding, but net limited to, during pregnancy,
childbirth and the postpartum period.
(1) Modern methods of family planning refers to safe,
effective, non-abortifacient and legal methods, whether natural
or artificial, that are registered with the FDA, to plan pregnancy.
(m) Natural family planning refers to a variety of methods
used to plan or prevent pregnancy based on identifying the
woman's fertile days.
(n) Public health care service provider refers to: (1) public
health care institution, which is duly licensed and accredited and
devoted primarily to the mainte11ance and operation of facilities
for health promotion, cl.isease 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; (2) public 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 and- NGO-an:d: whff renders
primarily health care services in the community after having
been accredited to function as such by the local health board in
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accordance with the guidelines promulgated by the Department
ofHealth (DOH).
(o) Poor refers to members of households identified as-
poor through the NHTS-PR by the Department of Social Welfare
and Development (DSWD) or any subsequent system used by the
national government in identifying the poor.
(p) Reproductive Health (RH) 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. This implies that people
are able to have a responsible, safe, consensual and satisfying sex
life, that they have the capability to reproduce and the freedom to
decide if, when, and how often to do so. This further implies that
women and men attain equal relationships in matters related to
sexual relations and reproduction.
(q) 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 addressing
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:
(1) Family planning information and services which
shall include as a first priority making women of reproductive
age fully aware of their respective cycles to make them aware of
when fertilization is highly probable, as well as highly
improbable;
(2) Maternal, infant and child health and nutrition,
i....'1.cluding breastfeeding;
(3) Proscription of abortion and management of abortion
complications;
(4) Adolescent and youth reproductive health guidance and
counseling;
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(5) Prevention, treatment and management of reproductive
tract 1nfections (RTls), HIV and AIDS and other sexually
transmittable infections (STls);
(6) Elimination of violence against women and children
and other forms of sexual and gender-based violence;
(7) Education and counseling on sexuality and reproductive
health;
(8) Treatment of breast and reproductive tract cancers and
other gynecological conditions and disorders;
(9) Male responsibility and involvement and men's
reproductive health;
(10) Prevention, treatment and management of infertility
and sexual dysfunction;
(11) Reproductive health education for the adolescents; and
(12) Mental health aspect of reproductive health care.
(r) Reproductive health care program refers to the
systematic and integrated provision of reproductive health care
to all citizens prioritizing women, the poor, marginalized and
those in vulnerable or crisis situations.
(s) Reproductive health rights refers to the rights of
individuals and couples, to decide freely and responsibly whether
or not to have children; the number, spacing and timing oftheir
children; to make other decisions concerning reproduction, free
of discrimination, coercion and violence; to have the information
and means to do so; and to attain the highest standard of sexual
health and reproductive health: Provided, however, That
reproductive health rights do not include abortion, and access to
abortifacients.
(t) Reproductive health and sexuality education refers to
a lifelong learning process of providing and acquiring complete,
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accurate and relevant age- and development-appropriate
information and education on reproductive health and sexuality
through life skills education and other approaches.
(u) Reproductive Tract Infection (RTI) refers to sexually
transmitted infections (STis), and other types of infections
affecting the reproductive system.
(v) Responsible parenthood refers to the will and ability
of a parent to respond to the needs and aspirations of the family
and children. It is likewise a shared responsibility between parents
to determine and achieve the desired number of children, spacing
and timing of their children according to their own family life
aspirations, taking into account psychological preparedness,
health status, sociocultural and economic concerns consistent with
their religious convictions.
(w) Sexual health refers to a state of physical, mental and
social well-being in relation to sexuality. It requires a positive
and respectful approach to sexuality and sexual relationships,
as well as the possibility of having pleasurable and safe sexual
exJ>eriences, free from coercion, discrimination and violence.
(x) Sexually Transmitted Infection (STI) refers to any
infection that may be acquired or passed on through sexual
contact, use of IV, intravenous drug needles, childbirth and
breastfeeding. '
(y) Skilled birth attendance refers to childbirth managed
by a skilled health professional including the enabling conditions
of necessary equipment and support of a functioning health
system, including transport and referral facilities for emergency
obstetric care.
(z) Skilled health professional refers to a midwife, doctor
or nurse, who has been educated and trained in the skills needed
to manage normal and complicated pregnancies, childbirth and
the immediate postnatal period, and in the identification,
management and referral of complications in women and
newborns.
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(aa) 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, done in the manner that promotes their
rights and protects the life opportunities of future generations
and the natural ecosystem on which all life depends.
SEC. 5. Hiring of Skilled Health Professionals for Maternal
Health Care and Skilled Birth Attendance. - The LGU s
shall endeavor to hire an adequate number of nurses, midwives
and other skilled health professionals for maternal health care
and skilled birth attendance to achieve an ideal skilled health
professional-to-patientratio taking into consideration DOH targets:
Provided, That people in geographically isolated or highly
populated and depressed areas shall be provided the same level of
access to health care: Provided, further, That the national
government shall provide additional and necessary funding and
other necessary assistance for the effective implementation of this
provision.
For the purposes of this Act, midwives and nurses shall be
allowed to administer lifesaving drugs such as, but not limited
to, oxytocin and magnesium sulfate, in accordance with the
guidelines set by the DOH, under emergency conditions and when
there are no physicians available: Provided, That they are
properly trained and certified to administer these lifesaving
drugs.
SEC. 6. Health Care Facil?ties. - Each LGU, upon its
determination of the necessity based on well-supported data
provided by its local health office shall endeavor to establish or
upgrade hospitals and facilities with adequate and qualified
personnel, equipment and supplies to be able to provide emergency
obstetric and newborn care: Prouided, That people in
geographically isolated or highly populated and depressed areas
shall have the same level of access and shall not be neglected by
providing other means such as home visits or mobile health care
clinics as needed: Provided, further, That the national
government shall provide additional and necessary funding and
other necessary assistance for the effective implementation of this
provision.
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SEC. 7. Access to Family Planning. - All accredited
public health facilities shall provide a full range of modern family
planning methods, which shall also include medical consultations,
supplies and necessary and reasonable procedures for poor and
marginalized co11ples having infertility issues who desire to have
children: Provided, That family planning services shall likewise
be extended by private health facilities to paying patients with
the option to grant free care and services to indigents, except in
the case of non-maternity specialty hospitals and hospitals owned
and operated by a religious group, but they have the option to
provide such full range of modern family planning methods:
Provided, further, That these hospitals shall immediately refer
the person seeking such care and services to another health facility
which is conveniently accessible: Provided, finally, That the
person is not in an emergency condition or serious case as defined
in Republic Act No. 8344.
No person shall be denied information and access to family
planning services, whether natural or artificial: Prouided, That
minors will not be allowed access to modern methods of
family planning without written consent from their parents or
guardian/s except when the minor is already a parent or has had
a miscarriage.
SEC. 8. Maternal Death Reuiew and Fetal and Infant
Death Review. - All LGUs, national and local government
hospitals, and other public health units shall conduct an annual
Maternal Death Review and Fetal and Infant Death Review in
accordance with the guidelines set by the DOH. Such review
should result in an evidence-based programming and budgeting
process that would contribute to the development of more
responsive reproductive health services to promote women's health
and safe motherhood.
SEC. 9. The Philippine National Drug Formulary
System and Family Planning Supplies. - The National Drug
Formulary shall include hormonal contraceptives, intrauterine
devices, injectables and other safe, legal, non-abortifacient and
effective family planning products and supplies. The Philippine
National Drug Formulary System (PNDFS) shall be observed in
selecting drugs including family planning supplies that will be
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included or removed from the Essential Drugs List (EDL) in
accordance with existing practice and in consultation with
reputable medical associations in the Philippines. For the purpose
of this Act, any product or supply included or to be included in
the EDL must have a certification from the FDA that said product
and supply is made available on the condition that it is not to be
used as an abortifacient.
These products and supplies shall also be included in the
regular purchase of essential medicines and supplies of all national
hospitals: Provided, further, That the foregoing offices shall not
purchase or acquire by any means emergency contraceptive pills,
postcoital pills, abortifacients that will be used for such purpose
and their other forms or equivalent.
SEC. 10. Procurement and Distribution of Family
Planning Supplies. - The DOH shall procure, distribute to
LGUs and monitor the usage offamily planning supplies for the
whole country. The DOH shall coordinate with all appropriate
local government 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
(c) Cost offamily planning supplies.
Provided, That LGUs may implement its own procurement,
distribution and monitoring program consistent with the overall
/'provisions of this Act and the guidelines of the DOH.
SEC. 11. 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
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this end, the DOH shall implement programs prioritizing full
access of poor and marginalized women as identified through the
NHTS-PR and other government measures of identifying
marginalization to reproductive health care, services, products
and programs. The DOH shall provide such programs, technical
support, including capacity building and monitoring.
SEC. 12. PhilHealth 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, and obstetric
complications, and menopausal and post-menopausal-related
conditions shall be given the maximum benefits, including the
provision ofAnti-Retroviral Medicines (ARVs), as provided in the
guidelines set by the Philippine Health Insurance Corporation
(PHI C).
SEC. 13. Mobile Health Care Service. - The national or
the local government may provide each provincial, city, municipal
and district hospital with a Mobile Health Care Service (MHCS)
in the form of a van or other means of transportation appropriate
to its terrain, taking into consideration the health care needs of
eachLGU. The MHCS shall deliver health care goods and services
to its constituents, more particularly to the poor and needy, as
well as disseminate know ledge and information on reproductive
health. The MHCS shall be operated by skilled health providers
and adequately equipped with a wide range of 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. 14. Age- and Development-Appropriate Reproductive
Health Education. ~ T h e State shall provide age- and
development-appropriate reproductive health education to
adolescents which shall be taught by adequately trained teachers
in formal and nonformal educational system and integrated in
relevant subjects such as, but not limited to, values formation;
knowledge and skills in self-protection against discrimination;
sexual abuse and violence against women and children and other
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forms of gender based violence and teen pregnancy; physical, social
and emotional changes in adolescents; women's rights and
children's rights; responsible teenage behavior; gender and
development; and responsible parenthood: Provided, That
flexibility in the formulation and adoption of appropriate course
content, scope and methodology in each educational level or
group shall be allowed only after consultations with parents-
teachers-community associations, school officials and other interest
groups. The Department of Education (DepED) shall formulate a
curriculum which shall be used by public schools and may be
adopted by private schools.
SEC. 15. 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.
SEC. 16. Capacity Building of Barangay Health Workers
(BHWs). - The DOH shall be responsible for disseminating
information and providing training programs to the LGUs. The
LGUs, with the technical assistance of the DOH, shall be
responsible for the training of BHWs and other barangay
volunteers on the promotion of reproductive health. The DOH
shall provide the LGUs with medical supplies and equipment
needed by BHWs to carry out their functions effectively:
Provided, further, That the national government shall provide
additional and necessaryfunding and other necessary assistance
for the effective implementation of this provision including the
possible provision honoraria for BHW s.
SEC. 17. Pro Bono Services for Indigent Women. - Private
and nongovernment reproductive health care service providers
including, but not limited to, gynecologists and obstetricians, are
encouraged 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 as identified through
the NHTS-PR and other government measures of
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identifying marginalization, especially to pregnant adolescents.
The forty-eight ( 48) hours annual pro bono services shall be
included as a prerequisite in the accreditation under the
PhilHealth.
SEC. 18. Sexual and Reproductive Health Programs for
Persons with Disabilities (PWDs). - The cities and
municipalities shall endeavor 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, sign language and pictures;
(d) Providing continuing education and inclusion of rights
of PWDs among health care providers; and
(e) Undertaking activities to raise awareness and addresFJ
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. 19. Duties and Responsibilities. - (a) Pursuant to
the herein declared policy, the DOH 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;
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(2) Ensure people's access to medically safe,
non-abortifacient, legal, quality and affordable reproductive
health goods and services; and
(3) Perform such other functions necessary to attain the
purposes of this Act.
(b) The DOH, in coordination with the PHIC, as may be
applicable, shall:
(1) 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;
(2) 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;
(3) Engage the services, skills and proficiencies of experts
in natural family planning who shall provide the necessary
training for all BHW s;
(4) Supervise and provide assistance to LGUs in the
delivery of reproductive health <;are services and in the purchase
offamily planning go<>fls and supplies; and
(5) Furnish LGUs, through their respective local health
offices, appropriate information and resources to keep the latter
, updated on current studies and researches relating to family
/ planning, responsible parenthood, breastfeeding and infant
nutrition.
(c) The FDA shall issue strict guidelines with respect to
the use of contraceptives, taking into consideration the side effects
or other harmful effects of their use.
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(d) Corporate citizens shall exercise prudence in advertising
its products or services through all forms of media, especially on
matters relating to sexuality, further taking into consideration
its influence on children and the youth.
SEC. 20. Public Awareness. - The DOH and the LGUs
shall initiate and sustain a heightened nationwide multimedia.
campaign to raise the level of public awareness on the protection
and promotion of reproductive health and rights including, but
not limited to, maternal health and nutrition, family planning
and responsible parenthood information and services, adolescent
and youth reproductive health, guidance and counseling and other
elements of reproductive health care under Section 4(q).
Education and information materials to be developed and
dissern.4J.ated for this purpose shall be reviewed regularly to ensure
their effectiveness and relevance.
SEC. 21. Reporting Requirements. - Before the end of
April each year, the DOH shall submit to the President of the
Philippines and Congress an annual consolidated report, which
shall provide a definitive and comprehensive assessment of the
implementation of its programs and those of other government
agencies and instrumentalities and recommend priorities for
executive and legislative actions. The report shall be printed and
distributed to all national agencies, the LGUs, NGOs and 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 women's reproductive health
and rights.
SEC. 22. Congressional Oversight Committee on
Reproductive Health Act. - There is hereby created a
Congressional Oversight Committee (COC) composed offive (5)
members each from the Senate and the House of Representatives.
The members from the Senate and the House of Representatives
20
shall be appointed by the Senate President and the Speaker,
respectively, with at least one (1) member representing the
Minority.
The COC shall be headed by the respective Chairs of the
Committee on Health and Demography of the Senate and the
Committee on Population and Family Relations of the House of
Representatives. The Secretariat of the COC shall come from the
existing Secretariat personnel of the Senate and the House of
Representatives committees concerned.
The COC shall monitor and ensure the effective
implementation of this Act, recommend the necessary remedial
legislation or administrative measures, and shall conduct a review
of this Act every five (5) years from its effectivity. The COC shall
perform such other duties and functions as may be necessary to
attain the objectives of this Act.
SEC. 23. Prohibited Acts. - The following acts are
prohibited:
(a) Any health care 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 reproductive
health including the right to informed choice and access to a full
range oflegal, medically-safe, non-abortifacient and effective family
planning methods; \ '
(2) Refuse to perform legal and medically-safe reproductive
health procedures on any person of legal age on the ground of
lack of consent or authorization of the following persons in the
following instances:
(i) Spousal consent in case of married persons: Provided,
That in case of disagreement, the decision of the one undergoing
the procedure shall prevail; and
21
(ii) Parental consent or that of the person exercising
parental authority in the case of abused minors, where the parent
or the person exercising parental authority is the respondent,
accused or convicted perpetrator as certified by the proper
prosecutorial office of the court. In the case of minors, the written
consent of parents or legal guardian or, in their absence, persons
exercising parental authority or next-of-kin shall be required only
in elective surgical procedures and in no case shall consent be
required in emergency or serious cases as defined in Republic
Act No. 8344; and
(3) Refuse to extend quality health care services and
information on account of the person's marital status, gender,
age, religious convictions, personal circumstances, or nature' of
work: Provided, That the conscientious objection of a health
care.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 health care 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 Republic Act No. 8344, which penalizes the
refusal of hospitals and medical clinics to administer appropriate
initial medical treatment and support in emergency and serious
cases;
(b) Any public officer, elected or appointed, specifically
charged with the duty to implement the provisions hereof, who,
personally or through a suborclinate, 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; or refuses to allocate, approve or
release any budget for reproductive health care services, or to
support reproductive health programs; or shall do any act that
hinders the full implementation of a reproductive health program
as mandated by this Act;
(c) Any employer who shall suggest, require, unduly
influence or cause any applicant for employment or an employee
to submit himself/herself to sterilization, use any modern methods
of family planning, or not use such methods as a condition for
employment, continued employment, promotion or the provision
;
22
of employment benefits. Further, pregnancy or the number of
children sh.all not be a ground for non-hiring or termination from
employment;
(d) Any person who shall falsify a Certificate of Compliance
as required in Section 15 of this Act; and
(e) Any pharmaceutical company, whether domestic or
multinational, or its agents or distributors, which directly or
indirectly colludes with government officials, whether appointed
or elected, in the distribution, procurement and/or sale by the
national government and LGUs of modern family planning
supplies, products and devices.
SEC. 24. Penalties. - Any violation of this Act or
commission of the foregoing prohibited acts shall be penalized by
imprisonment ranging from one (I) month to six (6) months or a
.fine ofTen thousand pesos (PIO,OOO.OO) to One hundred thousand
pesos (PIOO,OOO.OO), or both such fine and imprisonment at the
discretion of the competent court: Provided, That, if the offender
is a public officer, elected or appointed, he/she shall also suffer
the penalty of suspension not exceeding one (1) year or removal
and forfeiture of retirement benefits depending on the gravity of
the offense after due notice and hearing by the appropriate body
or agency.
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 furthel' proceedings by the Bureau of
Immigration. Ifthe,offendeds a pharmaceutical company, its
agent and/or distributor, their license or permit to operate or
conduct business in the Philippines shall be perpetually revoked,
and a fine triple the amount involved in the violation shall be
imposed.
SEC. 25. Appropriations. - The amounts appropriated in
the current annual General Appropriations Act (GAA) for
reproductive health and natural and artificial family planning
and responsible parenthood under the DOH and other concerned
agencies shall be allocated and utilized for the implementation of
23
this Act. Such additional sums necessary to provide for th
upgrading of facilities necessary to meet BEMONC and CEMON
standards; the training and deployment of skilled health providers
natural and artificial family planning commodity requirement!
as outlined in Section 10, and for other reproductive health anc
responsible parenthood services, shall be included in the
subsequent years' general appropriations. The Gender and
Development (GAD) funds ofLGUs and national agencies may be
a source of funding for the implementation of this Act.
SEC. 26. Implementing Rules and Regulations (IRR). -
Within sixty (60) days from the effectivity of this Act, the DOH
Secretary or his/her designated representative as Chairperson,
the authorized representative/a of DepED, DSWD, Philippine
CoiD;mission on Women, PHIC, Department of the Interl.ar and
Local Government, National Economic and Development
Authority, League of Provinces, League of Cities, a:o.d League of
Municipalities, together with NGOs, faith-based organizations,
people's, women's and young people's organizations, shall jointly
promulgate the rules and regulations for the effective
implementation of this Act. At least four ( 4) members of the IRR
drafting committee, to be selected by the DOH Secretary, shall
come from NGOs.
SEC. 27. Interpretation Clause. - This Act shall be
liberally construed to ensure the provision, delivery and access to
reproductive health care services, and to promote, protect and
fulfill women's reproductive health and rights.
SEC. 28. Separability Clause. - If any part or
provision of this Act is held invalid or unconstitutional, the
otl;ter provisions not affected thereby shall remain in force and
effect.
SEC. 29. Repealing Clause. - Except for prevailing laws
against abortion, any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule
or regulation contrary to or is inconsistent with the provisions of
this Act including Republic Act No. 7392, otherwise known as
the Midwifery Act, is hereby repealed, modified or amended
accordingly.
24
SEc. 30. Effectivity. - This Act shall take effect
fifteen (15) days after its publication in at least two (2)
newspapers of general circulation.
Approved,
Speaker of the House
of Representatives
This Act which is a consolidation of Senate Bill No. 2865 and
House Bill No. 4244 was finally passed by the Senate and the
HouseofRepresentativesonDecember 19,2012.

MA.R.JufNB. BARth\.-YAP
Secretary General
House of Representatives

Secretary of the Senate
Approved: 'DEl! 2 1 2012

BENIGN}f S. QUINO ill
President of the Philippines
0
tEDTIAED COPY:\
-

' "-" ------..
PNOY008592
MAIUANITU M. DIMAANDAL
DIRECTOR 1\/l 11
I'MlAtAMNG
------------, ... -
SECRETARY'S CERTIFICATE
I, MARIEITA GORREZ, Filipino, of legal age, with address at
Unit 530 Richville Corporate Tower, Madrigal Business Park,
1107 Alabang-Zapote Road, Muntinlupa City, after having
been sworn in accordance with law, hereby state that:
1. I am the duly elected Corporate Secretary of ALLIANCE
FOR THE FAMILY FOUNDATION PHILIPPINES, INC.
(ALFI).
2. At the special meeting of the Board of Trustees of ALFI
held on 03 January 2013, at which meeting a quorum
was present, the following resolutions quoted hereunder
were approved and adopted by all the trustees present:
"RESOLVED, that ALLIANCE FOR THE FAMILY
FOUNDATION PHILIPPINES, INC. (the 'Foundation')
be, as it is hereby, authorized to file a Petition for
Prohibition with Prayer for the Urgent Issuance of a
Temporary Restraining Order and/or Writ of
Preliminary Injunction with the Supreme Court to
question the constitutionality of Republic Act No.
10354 entitled "The Responsible Parenthood and
Reproductive Health Act of 20 12" and/ or some of its
provisions;
RESOLVED FURTHER, that the Foundation hereby
authorizes MCS NOCHE LAW OFFICE to file the
said Petition on its behalf, and names, constitutes
and appoints MARIA CONCEPCION S. NOCHE, the
President, to sign the necessary pleadings or
documents, on behalf of the Foundation;
RESOLVED FINALLY, that MCS NOCHE LAW
OFFICE/MARIA CONCEPCION S. NOCHE be, as
it/ she is hereby, given and granted full power and
authority to do all and every act and deed
whatsoever requisite and necessary relative to the
foregoing resolutions, as fully and to all intents and
purposes as the Foundation might or could do, in
order to fully implement the foregoing resolutions."
3. The above resolutions are in full force and effect and have
not been revoked or amended to date.
IN WITNESS WHEREOF, I hereby set my hand this 09th day of
January, 2013, in Makati City, Philippines.

1\ARIETTA GORRE;
Corporate Secretary
SUBSCRIBED AND SWORN to before me this 09th day of
January 2013 by the aboved-named affiant who exhibited to
me her T.I.N. 123-035-236.
Doc. No.

Page No. 0....--
Book No. Y:'f t t ;
Series of 20 13.

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