Responsible Parenthood and Reproductive Health Act of 2012 The Responsible Parenthood and Reproductive Health Act of 2012

(Republic Act No. 10354), informally known as the Reproductive Health Law or RH Law, is a law in the Philippines, which guarantees universal access to methods on contraception, fertility control, sexual education, and maternal care. While there is general agreement about its provisions on maternal and child health, there is great debate on its mandate that the Philippine government and the private sector will fund and undertake widespread distribution of family planning devices such as condoms, birth control pills, andIUDs, as the government continues to disseminate information on their use through all health care centers. Passage of the legislation was controversial and highly divisive, with experts, academics, religious institutions, and major political figures declaring their support or opposition while it was pending in the legislature. Heated debates and rallies both supporting and opposing the RH Bill took place nationwide. The Supreme Court delayed implementation of the law in March 2013 in response to challenges. As of August 18 this delay was still in force "until further orders". History According to the Senate Policy Brief titled "Promoting Reproductive Health", the history of reproductive health in the Philippines dates back to 1967 when leaders of 12 countries including the Philippines' Ferdinand Marcos signed the Declaration on Population. The Philippines agreed that the population problem should be considered as the principal element for long-term economic development. Thus, the Population Commission was created to push for a lower family size norm and provide information and services to lower fertility rates. [3] Starting 1967, the USAID began shouldering 80% of the total family planning commodities (contraceptives) of the country, which amounted to $3 million annually. In 1975, the United States adopted as its policy the National Security Study Memorandum 200: Implications of Worldwide Population Growth for U.S. Security and Overseas Interests (NSSM200). The policy gives "paramount importance" to population control measures and the promotion of contraception among 13 populous countries, including the Philippines to control rapid population growth which they deem to be inimical to the sociopolitical and economic growth of these countries and to the national interests of the United States, since the "U.S. economy will require large and increasing amounts of minerals from abroad", and these countries can produce destabilizing opposition forces against the United States. It recommends the U.S. leadership to "influence national leaders" and that "improved world-wide support for population-related efforts should be sought through increased emphasis on mass media and other population education and motivation programs by the UN, USIA, and USAID.[4] Different presidents had different points of emphasis. President Ferdinand Marcos pushed for a systematic distribution of contraceptives all over the country, a policy that was called "coercive", by its leading administrator.[2] The Corazon Aquino administration focused on giving couples the right to have the number of children they prefer, while Fidel V. Ramos shifted from population control to population management. Joseph Estrada used mixed methods of reducing fertility rates, while Gloria Macapagal-Arroyo focused on mainstreaming natural family planning, while stating that contraceptives are openly sold in the country.[3]

In 1989, the Philippine Legislators Committee on Population and Development (PLCPD) was established, "dedicated to the formulation of viable public policies requiring legislation on population management and socio-economic development".[citation needed] In 2000, the Philippines signed the Millennium Declaration and committed to attain the MDGs by 2015, including promoting gender equality and health. In 2003 USAID started its phase out of a 33-year-old program by which free contraceptives were given to the country. Aid recipients such as the Philippines faced the challenge to fund its own contraception program. In 2004 the Department of Health introduced the Philippines Contraceptive Self-Reliance Strategy, arranging for the replacement of these donations with domestically provided contraceptives.[3] In August 2010, the government announced a collaborative work with the USAID in implementing a comprehensive marketing and communications strategy in favor of family planning called May Plano Sila. Bill content The basic content of the Consolidated Reproductive Health Bill is divided into the following sections.[5] SEC. 1. Title SEC. 2. Declaration of Policy SEC. 3. Guiding Principles SEC. 4. Definition of Terms SEC. 5. Midwives for Skilled Attendance SEC. 6. Emergency Obstetric Care SEC. 7. Access to Family Planning SEC. 8. Maternal and Newborn Health Care in Crisis Situations SEC. 9. Maternal Death Review SEC. 10. Role of the Food and Drug Administration SEC. 11. Procurement and Distribution of Family Planning Supplies SEC. 12. Integration of Family Planning and Responsible Parenthood Component in Anti-Poverty Programs SEC. 13. Roles of Local Government in Family Planning Programs SEC. 14. Benefits for Serious and LifeThreatening Reproductive Health Conditions SEC. 15. Mobile Health Care Service SEC. 16. Mandatory AgeAppropriate Reproductive Health and Sexuality Education SEC. 17. Additional Duty of the Local Population Officer SEC. 18. Certificate of Compliance SEC. 19. Capability Building of Barangay Health Workers SEC. 20. Pro Bono Services for Indigent Women SEC. 21. Sexual And Reproductive Health Programs For Persons With Disabilities (PWDs) SEC. 22. Right to Reproductive Health Care Information SEC. 23. Implementing Mechanisms SEC. 24. Reporting Requirements SEC. 25. Congressional Oversight Committee SEC. 26. Prohibited Acts SEC. 27. Penalties SEC. 28. Appropriations SEC. 29. Implementing Rules and Regulations SEC. 30-32. Separability Clause, Repealing Clause, Effectivity Summary of major provisions The bill mandates the government to promote, without bias, all effective natural and modern methods of family planning that are medically safe and legal.[6] Although abortion is recognized as illegal and punishable by law, the bill states that the government shall ensure that all women needing care for post-abortion complications shall be treated and counseled in a humane, non-judgmental and compassionate manner.[6] The bill calls for a multi-dimensional approach integrates a component of family planning and responsible parenthood into all government anti-poverty programs.[6] Age-appropriate reproductive health and sexuality education is required from grade five to fourth year high school using life-skills and other approaches.[6]

The bill also mandates the Department of Labor and Employment to guarantee the reproductive health rights of its female employees. Companies with fewer than 200 workers are required to enter into partnership with health care providers in their area for the delivery of reproductive health services.[6] Employers with more than 200 employees shall provide reproductive health services to all employees in their own respective health facilities. Those with less than 200 workers shall enter into partnerships with health professionals for the delivery of reproductive health services. Employers shall inform employees of the availability of family planning. They are also obliged to monitor pregnant working employees among their workforce and ensure they are provided paid half-day prenatal medical leaves for each month of the pregnancy period that they are employed.[6] The national government and local governments will ensure the availability of reproductive health care services like family planning and prenatal care.[6] Any person or public official who prohibits or restricts the delivery of legal and medically safe reproductive health care services will be meted penalty by imprisonment or a fine.[6]
- Information on and provision of the full range of all legal (registered with the Food and Drug Administration), medically safe and effective modern methods of family planning (whether natural or artificial, without bias for either) - Modern family planning products and supplies recognized as essential medicines in the National Drug Formulary to facilitate volume procurement (based on the WHOs categorization of contraceptives as essential medicines) - Centralized procurement and distribution of family planning supplies by the Department of Health - Adequate number of midwives for skilled birth attendance at delivery; Capability-building on reproductive health for barangay health workers - Access to basic and comprehensive emergency obstetrics and newborn care through hospitals adequately staffed and supplied; maternal and newborn health care in crisis situations like disasters - Conduct of maternal death reviews to analyze the causes of maternal deaths - Mobile outreach services in every congressional district - Pro bono RH services for indigent women by the private sector/NGOs - Maximum PhilHealth benefits for serious, life-threatening RH complications - Age-appropriate RH and sexuality education beginning Grade 6 (amended from Grade 5) - Budgetary appropriation for implementation under the General Appropriations Act
1. EMPLOYERS will be compelled to provide free reproductive health care services, supplies, devices and surgical procedures (including vasectomy and ligation) to employees. (Section 17 states that the employers shall provide for free delivery of reproductive health care services, supplies and devices to all workers more particularly women workers. (Definition of Reproductive Health and Rights Section 4, paragraph g, Section 21, Paragraph c and Section 22 on Penalties) This implies that an employer who fails to provide for free, say a condom, to his driver when requested, can be hauled to court for violating the provisions of the Bill. This absurd example can be extended to the office where the owner of the business can be liable for violations if he does not provide contraceptives to his female employees if such are requested. 2. HEALTH CARE SERVICES PROVIDERS must provide reproductive health care services such as giving information on family planning methods and providing services like ligation and vasectomy, regardless of the patients civil status , gender, religion or age/minors included. (Section 21 on Prohibited Acts, Letter a, Paragraphs 1 to 5 and Section 22 on Penalties) 3. A SPOUSE does not need the consent of the husband or wife to undergo a ligation or vasectomy procedure. ( Section 21 on Prohibited Acts, Letter a, Paragraph 2). The procedures of ligation or vasectomy are mandatorily made available to a spouse without partner consent. Such a provision is antiCatholic since the procedures are clearly not allowed by the Catholic Church but will now be made accessible to whoever wants the procedure performed.

4. CHILDREN from age 10 to 17 will be taught their sexual rights and the means to have a satisfying and safe sex life as part of their school curriculum. Parents will no longer have any control over the sex education of their children. (Section 12 on Reproductive Health Education and Section 4 Definition of Family Planning and Reproductive health, Paragraph b, c, and d) Sex education becomes a mandatory part of a school curriculum. This means that the oversight over the sex education of their children by parents is diminished since it is the school that will formulate and implement the program, the content of which will be dictated by State policies. The Bill proposes to teach children how to achieve satisfying and safe sex in life which is a distorted and unacceptable view of human sexuality. The problem is that any objection to the program can be considered as actions inimical to the Bill and therefore may be subject to penal sanctions for those who will oppose the content of such a sex education. 5. CITIZENS will be subjected to imprisonment and/or pay a fine, for expressing an opinion against any provision of this law, if such expression of opinion is interpreted as constituting malicious disinformation (Section 21 on Prohibited Acts, Paragraph f and Section 22 on Penalties). This dangerous provision threatens every Filipino who expresses anything against the law that is interpreted as malicious disinformation with imprisonment and/or fines. What is considered malicious has not been defined and therefore is open to a wide interpretation and will leave those who oppose the Bill very vulnerable. 6. PARENTS will lose parental authority over a minor child who was raped and found pregnant (Section 21, a, no.3). This is an unconstitutional provision that removes parental control over minor children and hands it over to the State. 7. CONTRACEPTIVES will be classified as essential medicines (Section 10). This means that the National Government will appropriate limited government funds to reproductive services instead of basic services (Section 23). As essential medicines, the government will fund the distribution of contraceptives in all public health centers and hospitals. Scarce government resources will be spent to purchase such supplies for distribution in health centers and government hospitals. Our Congress clearly has a distorted view of national priorities which should put poverty alleviation by generating employment opportunities for the citizenry, economic development, environmental protection and similar programs at the top of the national agenda rather than spending money for contraceptives, for medical procedures such as ligation and vasectomy.

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Republic of the Philippines Congress of the Philippines Metro Manila Fifteenth Congress Third Regular Session Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve. [REPUBLIC ACT NO. 10627] AN ACT REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO ADOPT POLICIES TO PREVENT AND ADDRESS THE ACTS OF BULLYING IN THEIR INSTITUTIONS Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. Short Title. This Act shall be known as the Anti-Bullying Act of 2013. SEC. 2. Acts of Bullying. For purposes of this Act, bullying shall refer to any severe or repeated use by one or more students of a written, verbal or electronic expression, or a physical act or gesture, or any combination thereof, directed at another student that has the effect of actually causing or placing the latter in reasonable fear of physical or emotional harm or damage to his property; creating a hostile environment at school for the other student; infringing on the rights of the other student at school; or materially and substantially disrupting the education process or the orderly operation of a school; such as, but not limited to, the following: a. Any unwanted physical contact between the bully and the victim like punching, pushing, shoving, kicking, slapping, tickling, headlocks, inflicting school pranks, teasing, fighting and the use of available objects as weapons; b. Any act that causes damage to a victims psyche and/or emotional well -being;

c. Any slanderous statement or accusation that causes the victim undue emotional distress like directing foul language or profanity at the target, name-calling, tormenting and commenting negatively on victims looks, clothes and body; and d. Cyber-bullying or any bullying done through the use of technology or any electronic means. SEC. 3. Adoption of Anti-Bullying Policies. All elementary and secondary schools are hereby directed to adopt policies to address the existence of bullying in their respective institutions. Such policies shall be regularly updated and, at a minimum, shall include provisions which: (a) Prohibit the following acts: (1) Bullying on school grounds; property immediately adjacent to school grounds; at school-sponsored or school-related activities, functions or programs whether on or off school grounds; at school bus stops; on school buses or other vehicles owned, leased or used by a school; or through the use of technology or an electronic device owned, leased or used by a school; (2) Bullying at a location, activity, function or program that is not school-related and through the use of technology or an electronic device that is not owned, leased or used by a school if the act or acts in question create a hostile environment at school for the victim, infringe on the rights of the victim at school, or materially and substantially disrupt the education process or the orderly operation of a school; and (3) Retaliation against a person who reports bullying, who provides information during an investigation of bullying, or who is a witness to or has reliable information about bullying; (b) Identify the range of disciplinary administrative actions that may be taken against a perpetrator for bullying or retaliation which shall be commensurate with the nature and gravity of the offense: Provided, That, in addition to the disciplinary sanctions imposed upon a perpetrator of bullying or retaliation, he/she shall also be required to undergo a rehabilitation program which shall be administered by the institution concerned. The parents of the said perpetrator shall be encouraged by the said institution to join the rehabilitation program; (c) Establish clear procedures and strategies for: (1) Reporting acts of bullying or retaliation; (2) Responding promptly to and investigating reports of bullying or retaliation; (3) Restoring a sense of safety for a victim and assessing the students need for protection; (4) Protecting from bullying or retaliation of a person who reports acts of bullying, provides information during an investigation of bullying, or is witness to or has reliable information about an act of bullying; and (5) Providing counseling or referral to appropriate services for perpetrators, victims and appropriate family members of said students; (d) Enable students to anonymously report bullying or retaliation: Provided, however, That no disciplinary administrative action shall be taken against a perpetrator solely on the basis of an anonymous report; (e) Subject a student who knowingly makes a false accusation of bullying to disciplinary administrative action; (f) Educate students on the dynamics of bullying, the anti-bullying policies of the school as well as the mechanisms of such school for the anonymous reporting of acts of bullying or retaliation; (g) Educate parents and guardians about the dynamics of bullying, the anti-bullying policies of the school and how parents and guardians can provide support and reinforce such policies at home; and (h) Maintain a public record of relevant information and statistics on acts of bullying or retaliation in school: Provided, That the names of students who committed acts of bullying or retaliation shall be strictly confidential and only made available to

the school administration, teachers directly responsible for the said students and parents or guardians of students who are or have been victims of acts of bullying or retaliation. All elementary and secondary schools shall provide students and their parents or guardians a copy of the anti-bullying policies being adopted by the school. Such policies shall likewise be included in th e schools student and/or employee handbook and shall be conspicuously posted on the school walls and website, if there is any. The Department of Education (DepED) shall include in its training programs, courses or activities which shall provide opportunities for school administrators, teachers and other employees to develop their knowledge and skills in preventing or responding to any bullying act. SEC. 4. Mechanisms to Address Bullying. The school principal or any person who holds a comparable role shall be responsible for the implementation and oversight of policies intended to address bullying. Any member of the school administration, student, parent or volunteer shall immediately report any instance of bullying or act of retaliation witnessed, or that has come to ones attention, to the school principal or school officer or person so designated by the principal to handle such issues, or both. Upon receipt of such a report, the school principal or the designated school officer or person shall promptly investigate. If it is determined that bullying or retaliation has occurred, the school principal or the designated school officer or person shall: (a) Notify the law enforcement agency if the school principal or designee believes that criminal charges under the Revised Penal Code may be pursued against the perpetrator; (b) Take appropriate disciplinary administrative action; (c) Notify the parents or guardians of the perpetrator; and (d) Notify the parents or guardians of the victim regarding the action taken to prevent any further acts of bullying or retaliation. If an incident of bullying or retaliation involves students from more than one school, the school first informed of the bullying or retaliation shall promptly notify the appropriate administrator of the other school so that both may take appropriate action. SEC. 5. Reporting Requirement. All schools shall inform their respective schools division superintendents in writing about the anti-bullying policies formulated within six (6) months from the effectivity of this Act. Such notification shall likewise be an administrative requirement prior to the operation of new schools. Beginning with the school year after the effectivity of this Act, and every first week of the start of the school year thereafter, schools shall submit a report to their respective schools division superintendents all relevant information and statistics on acts of bullying or retaliation. The schools division superintendents shall compile these data and report the same to the Secretary of the DepED who shall likewise formally transmit a comprehensive report to the Committee on Basic Education of both the House of Representatives and the Senate. SEC. 6. Sanction for Noncompliance. In the rules and regulations to be implemented pursuant to this Act, the Secretary of the DepED shall prescribe the appropriate administrative sanctions on school administrators who shall fail to comply with the requirements under this Act. In addition thereto, erring private schools shall likewise suffer the penalty of suspension of their permits to operate. SEC. 7. Implementing Rules and Regulations. Within ninety (90) days from the effectivity of this Act, the DepED shall promulgate the necessary rules and regulations to implement the provisions of this Act. SEC. 8. Separability Clause. If, for any reason, any provision of this Act is declared to be unconstitutional or invalid, the other sections or provisions hereof which are not affected thereby shall continue to be in full force or effect. SEC. 9. Repealing Clause. All laws, decrees, orders, rules and regulations or parts thereof which are inconsistent with or contrary to the provisions of this Act are hereby repealed, amended or modified accordingly.

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

(Sgd.) JINGGOY EJERCITO ESTRADA Acting Senate President

(Sgd.) FELICIANO BELMONTE JR. Speaker of the House of Representatives

This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on June 5, 2013.

(Sgd.) EMMA LIRIO-REYES Secretary of the Senate

(Sgd.) MARILYN B. BARUA-YAP Secretary General House of Representatives

Approved: SEP 12 2013 (Sgd.) BENIGNO S. AQUINO III President of the Philippines