PROPOSED REVISED WORKING DRAFT (March 3, 2011)

FIFTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
First Regular Session )

SENATE
S. No. ______
(In substitution of SB 2378, taking into consideration PSR 238)
________________________________________________________________________
Prepared Jointly by the Committees on Health and Demography; Finance; and Youth,
Women and Family Relations
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AN ACT
PROVIDING FOR A NATIONAL POLICY ON REPRODUCTIVE HEALTH AND
POPULATION AND DEVELOPMENT

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

1 SECTION 1. Short Title. - This Act shall be known as the ―The Reproductive Health
2 Act of 2011.‖

3 SEC. 2. State Policies. - The State recognizes and guarantees the human rights of all
4 persons including their right to equality and non-discrimination in these rights, the right to
5 sustainable human development, the right to health which includes reproductive health, the right
6 to education and information and the right to choose and make decisions for themselves in
7 accordance with their religious convictions, ethics, cultural beliefs, and the demands of
8 responsible parenthood.

9 The State shall comply with all its international obligations under various human rights
10 instruments relative to reproductive health and women’s empowerment including the Universal
11 Declaration of Human Rights, International Covenant on Civil and Political Rights,
12 International Covenant on Economic, Social and Cultural Rights (ICESCR), Beijing
13 Declaration, UN Declaration on the Elimination of Violence Against Women (DEVAW),
14 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and
15 International Conference on Population Development (ICPD).

16 Moreover, the State recognizes and guarantees the promotion of gender equality, gender
17 equity, women’s empowerment and dignity as a health and human rights concern and as a social
18 responsibility. The advancement and protection of women’s human rights shall be central to the
19 efforts of the State to address reproductive health care. The State likewise recognizes and
20 guarantees the promotion of the welfare and rights of children and the youth.

21 The State likewise guarantees universal access to medically-safe, effective, legal,

22 affordable and quality reproductive health care services, methods, devices, supplies and relevant
23 information and education thereon according to the priority needs of women, children and other
24 underprivileged sectors.

25 The State shall address and seek to eradicate discriminatory practices, laws and policies
26 that infringe on a person’s exercise of sexual and reproductive health and rights.

27 SEC. 3. Guiding Principles for Implementation. - This Act declares the following as
28 guiding principles:

1
 1 (a) The right to make free and informed decision, which is central to the exercise of any
2 right shall not be subjected to any form of coercion and must be fully guaranteed by
3 the State like the right itself.

4 (b) Respect for, protection and fulfillment of reproductive health and rights seek to
5 promote not only the rights and welfare of adult individuals and couples but those of
6 adolescents and children as well.

7 (c) Effective and quality reproductive health care services must be given primacy to
8 ensure maternal and child health, and birth of healthy children, in line with the State’s
9 duty to promote the right to health, responsible parenthood, social justice and full
10 human development.

11 (d) The provision of medically-safe, effective, legal, accessible, affordable and quality
12 reproductive health care services is essential in the promotion of people’s right to
13 health, especially those of the poor, women and the marginalized shall be
14 incorporated as a component of primary health care.

15 (e) The State will provide access, without bias, to all modern methods of family planning
16 which have been proven safe and effective in accordance with scientific and
17 evidence-based medical standards such as those set by the World Health Organization
18 (WHO).

19 (f) The State shall promote programs that: (1) enable individuals and couples to have the
20 number of children they desire with due consideration to the health, particularly of
21 women, and the resources available and affordable to them; (2) achieve equitable
22 allocation and utilization of resources; (3) ensure effective partnership among the
23 National Government, Local Government Units (LGUs) and the private sector in the
24 design, implementation, coordination, integration, monitoring and evaluation of
25 people-centered programs towards quality of life and environmental protection; and
26 (4) conduct studies to analyze demographic trends towards sustainable human
27 development in keeping with the principles of gender equality and the promotion of
28 women’s health.

29 (g) The provision of reproductive health care and information must be the joint primary
30 responsibility of the National Government and the LGUs consistent with their
31 obligation to respect, protect and promote the right to health including reproductive
32 health.

33 (h) Active participation by non-government, women’s and people’s organizations, and

34 communities is crucial to ensure that reproductive health and population and
35 development policies, plans, and programs will address the priority needs of the poor,
36 especially women. The State shall encourage equitable allocation and utilization of
37 resources in the provision of health care.

38 (i) While this Act does not amend penal law on abortion, the government shall ensure
39 that all women needing care for post-abortion complications shall be treated and
40 counseled in a humane, non-judgmental and compassionate manner.

41 SEC. 4. Interpretation Clause. – This Act shall be liberally construed to ensure the
42 provision, delivery and access to reproductive health care services, and to promote, protect and
43 fulfill women’s reproductive health and rights.

44 SEC. 5. Definition of Terms. - For the purpose of this Act, the following terms shall be
45 defined as follows:

46 (a) Adolescent –refers to young people between the ages of ten (10) to nineteen (19)
47 years who are in transition from childhood to adulthood.

48 (b) Acquired Immune Deficiency Syndrome (AIDS) - refers to a condition characterized

49 by a combination of signs and symptoms, caused by HIV which attacks and weakens
2
 1 the body’s immune system, making the afflicted individual susceptible to other life-
2 threatening infections.

3 (c) Anti-Retroviral Medicines (ARVs) - Antiretroviral drugs are medications for the
4 treatment of infection by retroviruses, primarily HIV.

5 (d) Basic Emergency Obstetric and Newborn Care (BEMONC) – refers to lifesaving
6 services for emergency maternal and newborn conditions/complications being
7 provided by a health facility or professional to include the following services:
8 administration of parenteral oxytocic drugs, administration of loading dose of
9 parenteral anticonvulsants, administration of initial dose of antibiotics, performance
10 of assisted deliveries in imminent breech, removal of retained placental products, and
11 manual removal of retained placenta. It also includes neonatal interventions which
12 include at the minimum: newborn resuscitation, provision of warmth, and referral.
13 The BEMONC health facility shall also be capable of providing blood transfusion
14 services.

15 (e) Comprehensive Emergency Obstetric and Newborn Care (CEMONC) – refers to

16 lifesaving services for emergency maternal and newborn conditions/complications as
17 in Basic Emergency Obstetric and Newborn Care plus the provision of surgical
18 delivery (caesarian section) and blood bank services, and other highly specialized
19 obstetric interventions. It also includes emergency neonatal care which includes at
20 the minimum: newborn resuscitation, treatment of neonatal sepsis infection, oxygen
21 support, and antenatal administration of (maternal) steroids for threatened premature
22 delivery.

23 (f) Employer - includes any person acting in the interest of an employer, directly or
24 indirectly. The term shall not include any labor organization or any of its officers or
25 agents except when acting as an employer.

26 (g) Family Planning - refers to a program which enables couples and individuals to
27 decide freely and responsibly the number and spacing of their children and to have
28 the information and means to do so, and to have access to a full range of safe,
29 affordable, effective, and modern methods of preventing, spacing, or achieving
30 pregnancy.

31 (h) Gender Equality – refers to the principle asserting the equality of men and women
32 and their right to enjoy equal conditions realizing their full human potentials to
33 contribute to and benefit from the results of development, and with the State
34 recognizing that all human beings are free and equal in dignity and rights. It entails
35 equality in opportunities, in the allocation of resources or benefits, or in access to
36 services in furtherance of the rights to health and sustainable human development
37 among others, without discrimination on the basis of a person’s sex, sexual
38 orientation and gender identity.

39 (i) Gender Equity - refers to the policies, instruments, programs, policies, and actions
40 that address the disadvantaged position of women in society by providing preferential
41 treatment and affirmative action. It entails fairness and justice in the distribution of
42 benefits and responsibilities between women and men, and often requires women-
43 specific projects and programs to end existing inequalities. This concept recognizes
44 that while reproductive health involves women and men, it is more critical for
45 women’s health.

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

5 (k) Human Immunodeficiency Virus (HIV) – refers to the virus which causes AIDS.
6
7 (l) Indigent – refers to a person who has no visible means of income, or whose income is
8 insufficient for the subsistence of his/her family based on specific criteria set by the
9 National Government in accordance with the guiding principles set forth in Republic
10 Act No. 7875, as amended, and other appropriate laws.

11 (m) Male Responsibility - refers to the involvement, commitment, accountability, and

12 responsibility of males with women in all areas of sexual and reproductive health, as
13 well as the care of reproductive health concerns specific to men.

14 (n) Maternal Death Review - refers to qualitative, quantitative and in-depth study of the
15 causes, trends and distribution of maternal death with the primary purpose of
16 preventing future deaths through changes or additions to programs, plans and
17 policies.

18 (o) Modern Methods of Family Planning – refers to safe, effective and legal methods,
19 whether natural or artificial, that are registered with the Food and Drug
20 Administration of the DOH, such as but not limited to the pill, intra-uterine device
21 (IUD), injectables, condom, ligation, vasectomy, and modern natural family planning
22 methods which include mucus billings, ovulation, lactational amenorrhea, basal body
23 temperature, and Standard Days methods.

24 (p) Population and Development – refers to the conscious and explicit consideration of
25 population and development variables (e.g. health, environment, education, housing,
26 employment, etc.) in planning and policymaking. It puts people and human
27 development as the primary consideration for any development initiatives.

28 (q) Reproductive Health (RH) – refers to the state of complete physical, mental and
29 social wellbeing and not merely the absence of disease or infirmity, in all matters
30 relating to the reproductive system and to its functions and processes. This implies
31 that people are able to have a satisfying and safe sex life, that they have the capability
32 to reproduce and the freedom to decide if, when and how often to do so. This further
33 implies that women and men attain equal relationships in matters related to sexual
34 relations and reproduction;

35 (r) Reproductive Health Care – refers to a full range of methods, techniques, facilities
36 and services that contribute to reproductive health and well being by preventing and
37 solving reproductive health-related problems. The elements of reproductive health
38 care include:

39 1. Maternal, infant and child health and nutrition including breastfeeding;

40 2. Family planning information and services;

41 3. Prevention of abortion and management of abortion complications;

42 4. Adolescent and youth reproductive health, including comprehensive sexuality

43 education and counseling;

44 5. Prevention and management of reproductive tract infections (RTIs), HIV and

45 AIDS and other sexually transmittable infections (STIs);

46 6. Elimination of violence against women and children and other forms of sexual
47 and gender-based violence;

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 1 7. Education and counseling on sexuality and sexual health;

2 8. Treatment of breast and reproductive tract cancers and other gynecological

3 conditions and disorders;

4 9. Male responsibility and involvement and men’s reproductive health; and

5
6 10. Prevention and treatment of infertility and sexual dysfunction.

7 (s) Reproductive Health Care Program – refers to the systematic and integrated provision
8 of reproductive health care elements to all citizens especially the poor, women,
9 marginalized and those in vulnerable situations.

10 (t) Reproductive Tract Infection (RTI) – refers to infections of the reproductive system,
11 including STIs, and other types of infections affecting the reproductive system.

12 (u) Reproductive Health and Comprehensive Sexuality Education – refers to lifelong

13 learning process of providing and acquiring complete, accurate and relevant
14 information and education on reproductive health and sexuality through life skills
15 education and other approaches.

16 (v) Reproductive Rights – refers to the rights of individuals and couples, to decide freely
17 and responsibly whether or not to have children; the number, spacing and timing of
18 their children; to make other decisions concerning reproduction free of
19 discrimination, coercion and violence; to have the information and means to do so;
20 and to attain the highest standard of sexual and reproductive health.

21 (w) Responsible Parenthood – refers to the will and ability of parents to respond to the
22 needs and aspirations of the family and children. It is a shared responsibility between
23 husband and wife to determine and achieve the desired number of children, spacing
24 and timing of their children according to their own family life aspirations, taking into
25 account psychological preparedness, health status, socio-cultural, and economic
26 concerns.

27 (x) Sexuality - is a central aspect of being human throughout life and encompasses sex,
28 gender identities and roles, sexual orientation, intimacy and reproduction. Sexuality is
29 influenced by the interaction of biological, psychological, social, economic, political,
30 cultural, ethical, legal, historical, religious and spiritual factors.

31 (y) Sexually Transmitted Infections (STIs) – refers to any infection that may be acquired
32 or passed on through sexual contact.
33
34 (z) Skilled Birth Attendance – childbirth managed by a skilled health professional plus
35 the enabling conditions of necessary equipment and support of a functioning health
36 system, including transport and referral facilities for emergency obstetric care.

37 (aa) Skilled Health Professional – refers to an accredited health professional, such as

38 midwife, doctor or nurse who has been educated and trained to proficiency in the
39 skills needed to manage normal (uncomplicated) pregnancies, childbirth and the
40 immediate postnatal period, and in the identification, management and referral of
41 complications in women and newborns; traditional birth attendants or ―hilots‖ —
42 trained or not — are excluded from this category.

43 (bb) Sustainable Human Development – refers to bringing people particularly the poor
44 and vulnerable at the center of development process, the central purpose of which is
45 the creation of an enabling environment in which all can enjoy long, healthy and
46 creative lives, and done in a manner that promotes their rights and protects the life
47 opportunities of future generations and the natural ecosystem on which all life
48 depends.

5
 1 (cc) Violence Against Women and Children – refers to any act of gender-based violence
2 that results in, or is likely to result in, physical, sexual or psychological harm or suffering
3 to women and children, including threats of such acts, coercion or arbitrary deprivation of
4 liberty, whether occurring in public or in private life. Violence against women and
5 children shall be understood to encompass, but not be limited to, the following: (1)
6 physical, sexual and psychological violence occurring in the family, including battering,
7 sexual abuse of children in the household, dowry-related violence, marital rape, genital
8 mutilation and other traditional practices harmful to women and children, non-spousal
9 violence and violence related to exploitation; (2) physical, sexual and psychological
10 violence occurring within the general community, including rape, sexual abuse, sexual
11 harassment and intimidation at work, in educational institutions and elsewhere,
12 trafficking in women and children and forced prostitution; and (3) physical, sexual and
13 psychological violence perpetrated or condoned by the State, wherever it occurs.

14 SEC. 6. Hiring of Skilled Health Professionals for Skilled Birth Attendance. - The LGUs
15 with the assistance of the Department of Health (DOH), shall employ an adequate number of
16 midwives and other skilled health professionals for skilled birth attendance to achieve a
17 minimum ratio of one (1) fulltime equivalent skilled health professional for every one hundred
18 fifty (150) deliveries per year, to be based on the annual number of actual deliveries or live
19 births for the past two (2) years; Provided, That people in geographically isolated and
20 depressed areas shall have the same level of access.

21 SEC. 7. Provision of Emergency Obstetric and Newborn Care. - Each province and city
22 shall ensure the establishment or upgrading of hospitals with adequate and qualified personnel,
23 equipment and supplies to be able to provide emergency obstetric and newborn care. For every
24 500,000 population, there shall ideally be at least one (1) public or private hospital for
25 CEMONC and four (4) public or private health facilities for BEMONC; Provided, That people
26 in geographically isolated and depressed areas shall have the same level of access.

27 SEC. 8. Access to Family Planning. - All accredited public and private health facilities
28 shall provide full range of modern family planning methods, except in specialty hospitals which
29 may render such services on optional basis. For indigent patients, such services shall be fully
30 covered by the Philippine Health Insurance Corporation (PHIC) and/or other appropriate
31 government agencies.

32 After the use of any PhilHealth benefit involving childbirth and all other pregnancy
33 related service wherein the beneficiary wishes to space or prevent her next pregnancy, the PHIC
34 shall pay for the full cost of family planning commodities and services for the next three (3)
35 years. The benefit payments shall be channeled to appropriate local or national government
36 health facilities.

37 SEC. 9 . Maternal Death Review. – All LGUs, national and local government hospitals,
38 and other public health units shall conduct an annual Maternal Death Review in accordance
39 with the guidelines set by the DOH.

40 SEC. 10. Family Planning Supplies as Essential Medicines – Hormonal contraceptives,

41 intrauterine devices, injectables and other safe, legal and effective family planning products and
42 supplies shall be part of the National Drug Formulary and the same shall be included in the
43 regular purchase of essential medicines and supplies of all national and local hospitals,
44 provincial, city, and municipal health offices, including rural health units.

45 SEC. 11. Procurement and Distribution of Family Planning Supplies. - The DOH shall
46 lead and coordinate the efficient procurement and distribution to LGUs and usage-monitoring of
47 family planning supplies for the whole country. The DOH shall coordinate with all appropriate
48 LGU bodies to plan and implement this procurement and distribution program. The supply and
49 budget allotments shall be based on, among others, the current levels and projections of the
50 following:

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

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 1 (b) Contraceptive prevalence rate, by type of method used; and

2 (c) Cost of family planning supplies.

3 SEC. 12. PhilHealth Benefits for Serious and Life-Threatening Reproductive Health
4 Conditions. All serious and life threatening reproductive health conditions such as HIV and
5 AIDS, breast and reproductive tract cancers, and obstetric complications shall be given the
6 maximum benefits including the provision of ARVs, as provided in the guidelines set by the
7 PHIC.

8 SEC. 13. Mobile Health Care Service. - Each congressional district shall be provided
9 with the Mobile Health Care Service (MHCS) in the form of a van or other means of
10 transportation appropriate to coastal and mountainous areas. The MHCS shall deliver health
11 care goods and services to its constituents, more particularly to the poor and needy, as well as
12 disseminate knowledge and information on reproductive health. The purchase of such may be
13 funded from the Priority Development Assistance Fund (PDAF) of each Congressional District.
14 The subsequent operation and maintenance of the MHCS shall be subject to an agreement
15 entered into between the district representative and the recipient province or cities. The MHCS
16 shall be operated by skilled health providers and adequately equipped with a wide range of
17 reproductive health care materials and information dissemination devices and equipment, the
18 latter including but not limited to a television set for audio-visual presentations. All MHCS shall
19 be operated by LGUs of provinces and highly urbanized cities.

20 SEC. 14. Free Services for Indigents. – Private and non government reproductive health
21 care service providers, including but not limited to gynecologists and obstetricians, are
22 mandated to provide at least twenty-four (24) hours annually of reproductive health services,
23 ranging from providing information and education to rendering medical services, free of charge
24 to indigent and low-income patients, especially to pregnant adolescents. The twenty-four (24)
25 hour annual free services shall be included as prerequisite in the accreditation under PHIC.

26 SEC. 15. Age- and Development- Appropriate Reproductive Health and Comprehensive
27 Sexuality Education. – Age- and development-appropriate reproductive health and
28 comprehensive sexuality education shall be taught by adequately trained teachers in formal and
29 non-formal educational system starting from Grade 5 using life-skills and other approaches.
30 Reproductive health and comprehensive sexuality education shall commence at the start of the
31 school year immediately following one year from the effectivity of this Act. The Department of
32 Education (DEPED), Commission on Higher Education (CHED), Technical Education and
33 Skills Development Authority (TESDA), Department of Social Welfare and Development
34 (DSWD), Philippine Commission on Women (PCW), Commission on Population (POPCOM)
35 and Department of Health (DOH) shall formulate the reproductive health and comprehensive
36 sexuality education curriculum. Such curriculum shall be common to both public and private
37 schools, out of school children, youth and adults in the Alternative Learning System (ALS)
38 based on, but not limited to, psychosocial and physical well-being, demography and RH, and
39 legal and ethical aspects of RH.

40 Age- and development-appropriate reproductive health and comprehensive sexuality

41 education shall be integrated in all relevant subjects and shall include, but not limited to the
42 following topics:

43 (a) Values formation;

44 (b) Knowledge and skills in self protection against discrimination, sexual abuse and
45 violence against women and children and other forms of gender-based violence, and
46 teen pregnancy;

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

48 (d) Women’s rights and children’s rights;

49 (e) Fertility awareness;

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 1 (f) RTI, STI, HIV and AIDS;

2 (g) Population and development;

3 (h) Responsible relationship;

4 (i) Family planning methods;

5 (j) Proscription and hazards of abortion;

6 (k) Gender and development; and

7 (l) Responsible parenthood.

8 The DepEd, CHED, DSWD, TESDA, POPCOM and DOH shall provide concerned
9 parents with adequate and relevant scientific materials on the age-appropriate topics and manner
10 of teaching reproductive health education to their children.

11 SEC. 16 . Capacity Building and Honoraria of Barangay Health Workers (BHWs). - The
12 LGUs, with the technical assistance of DOH, shall be responsible for the training of barangay
13 health workers and other community-based workers on the promotion of reproductive health.
14 Barangay health workers and other community-based health workers who shall undergo training
15 on the promotion of reproductive health shall receive at least 10% increase in honoraria;
16 Provided, That those receiving less than P1,000.00 shall receive at least 20% increase upon
17 successful completion of training. This increase in honoraria shall be funded by the LGUs. The
18 funding for the training of BHWs and community-based health workers shall be sourced from
19 the Gender and Development (GAD) budget.

20 SEC. 17. Employers’ Responsibilities. – The Department of Labor and Employment

21 (DOLE) shall ensure that employers respect the reproductive rights of workers and their right to
22 gender equality. Consistent with the spirit of Article 134 of the Labor Code, employers with
23 more than 200 employees shall integrate the provision of reproductive health care services to all
24 employees in their respective health facilities. Those with less than 200 workers shall enter into
25 partnership with hospitals, health facilities, and/or health professionals in their areas for the
26 delivery of reproductive health care services.

27 Employers shall also uphold the right of all workers to know work conditions which may
28 affect their health, particularly those related with their reproductive health. Employers shall
29 furnish in writing the following information to all employees and applicants:
30
31 (a) The medical and health benefits which workers are entitled to, including maternity
32 and paternity leave benefits;

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

35 (c) The availability of reproductive health care services and health facilities for workers.

36 SEC. 18. Public Awareness. - The DOH, POPCOM and the LGUs shall initiate and
37 sustain a heightened nationwide multi-media campaign to raise the level of public awareness on
38 the protection and promotion of reproductive health and rights including family planning and
39 population and development.

40 SEC. 19. Implementing Mechanisms. –

41 (a) Pursuant to the herein declared policy, the DOH and the LGUs through their
42 respective local health offices shall create and organize Reproductive Health
43 Committees in the LGUS to ensure the effective implementation of this Act. These
44 Committees shall have among others the following functions and goals:

45 1. Fully and efficiently implement the reproductive health care program;

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 1 2. Ensure people’s access to medically safe, legal, quality and affordable
2 reproductive health goods and services;

3 3. Ensure that reproductive health services are delivered with a full range of
4 supplies, facilities and equipment and that service providers are adequately
5 trained for such reproductive health care delivery;

6 4. Take active steps to expand the coverage of the National Health Insurance
7 Program (NHIP), especially among poor and marginalized women, to include
8 the full range of reproductive health services and supplies as part of the
9 essential health package as defined by DOH and PHIC;

10 5. Strengthen the capacities of health regulatory agencies to ensure safe, high-

11 quality, accessible, and affordable reproductive health services and
12 commodities with the concurrent strengthening and enforcement of regulatory
13 mandates and mechanisms;

14 6. Facilitate the involvement and participation of non-government organizations

15 and the private sector in reproductive health care service delivery and in the
16 production, distribution and delivery of quality reproductive health and family
17 planning supplies and commodities to make them accessible and affordable to
18 ordinary citizens;

19 7. Furnish LGUs, through their respective local health offices, with appropriate
20 information and resources to keep the latter updated on current studies and
21 researches relating to family planning, responsible parenthood, breastfeeding
22 and infant nutrition; and

23 8. Perform such other functions necessary to attain the purposes of this Act.

24 (b) The POPCOM, as an attached agency of DOH, shall render technical assistance to the
25 LGUs in the implementation of this Act, particularly in incorporating the standards
26 set by the ICPD and other relevant international human rights instruments into
27 development planning.

28 SEC. 20. Prohibited Acts. -The following acts are prohibited:

29 (a) Any healthcare service provider, whether public or private, who shall:

30 1. Knowingly withhold information or restrict the dissemination thereof, and/or

31 intentionally provide incorrect information regarding programs and services on
32 reproductive health including the right to informed choice and access to a full
33 range of legal, medically-safe and effective family planning methods;

34 2. Refuse to perform legal and medically-safe reproductive health procedures on any

35 person of legal age on the ground of lack of third party consent or authorization.
36 In case of married persons, the mutual consent of the spouses shall be preferred, if
37 the spouse is present; Provided, That it is not an emergency case or one which
38 requires immediate medical attention or procedure; Provided, further, That in the
39 absence of the spouse and in case of disagreement of the spouses, the decision of
40 the one undergoing the procedure shall prevail. In the case of minors, the written
41 consent of parents or legal guardian or in their absence, persons exercising
42 parental authority or next of kin shall be required only in elective surgical
43 procedures and in no case consent shall be required in emergency or serious cases
44 as defined in Republic Act 8344; Provided, That in the case of abused minors
45 where parents and/or other family members are the perpetrators or suspects, as
46 certified by the DSWD, City or Municipal Social Welfare and Development
47 Office, no prior parental consent shall be necessary; Provided, further, That the
48 minor has to be informed of the medical procedure and its consequences; and

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 1 3. Refuse to extend quality health care services and information on account of the
2 person’s marital status, gender, sexual orientation, age, religion, personal
3 circumstances, or nature of work; Provided, That the conscientious objection of a
4 healthcare service provider based on his/her ethical or religious beliefs shall be
5 respected; however, the conscientious objector shall immediately refer the person
6 seeking such care and services to another healthcare service provider within the
7 same facility or one which is conveniently accessible; Provided, further, That the
8 person is not in an emergency condition or serious case as defined in RA 8344
9 penalizing the refusal of hospitals and medical clinics to administer appropriate
10 initial medical treatment and support in emergency and serious cases.

11 (b) Any public officer, elected or appointed, who, personally or through a subordinate,
12 prohibits or restricts the delivery of legal and medically-safe reproductive health care
13 services, including family planning; or forces, coerces or induces any person to use
14 such services.

15 (c) Any employer who shall suggest, require, unduly influence or cause any applicant for
16 employment or an employee to submit himself/herself to sterilization; use any
17 contraceptive method; or not use such methods as a condition for employment,
18 continued employment, promotion or the provision of employment benefits. Further,
19 pregnancy shall not be a ground for non-hiring or termination from employment.

20 SEC. 21. Penalties. - Any violation of this Act shall be penalized by imprisonment
21 ranging from one (1) month to six (6) months or a fine of Ten Thousand (P10,000.00) to One
22 Hundred Thousand Pesos (P100,000.00) or both fine and imprisonment at the discretion of the
23 court; Provided, That if the offender is a health care service provider, the penalty imposed shall
24 be the maximum; Provided, further, That, if the offender is a public officer, elected or
25 appointed, she/he shall also be administratively liable.

26 SEC. 22. Reporting Requirements. - Before the end of April each year, the DOH and
27 POPCOM, in consultation with non-government organizations, women’s organizations, young
28 people’s organizations and the private sector, shall submit to the President of the Philippines
29 and Congress an annual consolidated report, which shall provide a definitive and
30 comprehensive assessment of the implementation of its programs and those of other government
31 agencies and instrumentalities and recommend priorities for executive and legislative actions.
32 The report shall be printed and distributed to all national agencies, the LGUs, non-government
33 organizations and private sector organizations involved in said programs.

34 The annual report shall evaluate the content, implementation, and impact of all policies
35 related to reproductive health and family planning to ensure that such policies promote, protect
36 and fulfill women’s reproductive health and rights.

37 SEC. 23. Appropriations. - The amounts appropriated in the current annual General
38 Appropriations Act (GAA) for reproductive health and natural and artificial family planning
39 under the DOH and POPCOM and other concerned agencies shall be allocated and utilized for
40 the implementation of this Act. Such additional sums necessary to provide for the upgrading of
41 facilities necessary to meet BEMONC and CEMONC standards; the training and deployment of
42 skilled health providers, natural and artificial family planning commodity requirements as
43 outlined in Sec. 11, and for other reproductive health services, shall be included in the
44 subsequent years' general appropriations. The GAD funds of LGUs and national agencies shall
45 be a source of funding for the implementation of this Act.

46 SEC. 24. Implementing Rules and Regulations (IRR). – Within thirty (30) days from the
47 effectivity of this Act, the Secretary of Health or his/her designated representative as
48 Chairperson, the authorized representative/s of POPCOM, DepEd, DSWD, PCW, PHIC,
49 Department of the Interior and Local Government, National Economic and Development
50 Authority, League of Provinces, League of Cities, and League of Municipalities, together with
51 non-government, people’s, women’s and young people’s organizations shall jointly promulgate,
52 the rules and regulations for the effective implementation of this Act. At least four (4) members
53 of the IRR drafting committee, to be selected by the Secretary of Health, shall come from non-

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 1 government, women’s, people’s, and young people’s organizations, Provided, That one of them
2 shall represent women’s organizations and another shall represent young people’s organizations.

3 SEC. 25. Separability Clause. – If any provision or part hereof, is held invalid or
4 unconstitutional, the remainder of the law or the provision not otherwise affected shall remain
5 valid and subsisting.

6 SEC. 26. Repealing Clause. – Any law, presidential decree or issuance, executive order,
7 letter of instruction, administrative order, rule or regulation contrary to or is inconsistent with
8 the provision of this Act is hereby repealed, modified, or amended accordingly.

9 SEC. 27. Effectivity Clause. – This Act shall take effect fifteen (15) days after its
10 publication in at least two (2) newspapers of general circulation.

11 Approved,

11