HOUSE BILL NO. 5043
AN ACT PROVIDING FOR A NATIONAL
POLICY ON REPRODUCTIVE HEALTH, RESPONSIBLE PARENTHOOD AND POPULATION
DEVELOPMENT, AND FOR OTHER PURPOSES
Be it enacted by the Senate and
the House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title. – This Act shall be known as the “Reproductive
Health and Population Development Act of 2008“.
SEC. 2. Declaration of Policy. – The State upholds and
promotes responsible parenthood, informed choice, birth spacing and respect for
life in conformity with internationally recognized human rights standards.
The State shall uphold the right of the people, particularly women
and their organizations, to effective and reasonable participation in the
formulation and implementation of the declared policy.
This policy is anchored on the rationale that sustainable human
development is better assured with a manageable population of healthy, educated
and productive citizens.
The State likewise guarantees universal access to medically-safe,
legal, affordable and quality reproductive health care services, methods,
devices, supplies and relevant information thereon even as it prioritizes the
needs of women and children,among other underprivileged sectors.
SEC. 3. Guiding Principles. – This Act declares the
following as basic guiding principles:
a. In the promotion of reproductive health, there should be no
bias for either modern or natural methods of family planning;
b. Reproductive health goes beyond a demographic target because it
is principally about health and rights;
c. Gender equality and women empowerment are central elements of
reproductive health and population development;
d. Since manpower is the principal asset of every country,
effective reproductive health care services must be given primacy to ensure the
birth and care of healthy children and to promote responsible parenting;
e. The limited resources of the country cannot be suffered to, be
spread so thinly to service a burgeoning multitude that makes the allocations
grossly inadequate and effectively meaningless;
f. Freedom of informed choice, which is central to the exercise of
any right, must be fully guaranteed by the State like the right itself;
g. While the number and spacing of children are left to the sound
judgment of parents and couples based on their personal conviction and
religious beliefs, such concerned parents and couples, including unmarried
individuals, should be afforded free and full access to relevant, adequate and
correct information on reproductive health and human sexuality and should be
guided by qualified State workers and professional private practitioners;
h. Reproductive health, including the promotion of breastfeeding,
must be the joint concern of the National Government and Local Government
Units(LGUs);
i. Protection and promotion of gender equality, women empowerment
and human rights, including reproductive health rights, are imperative;
j. Development is a multi-faceted process that calls for the
coordination and integration of policies, plans, programs and projects that
seek to uplift the quality of life of the people, more particularly the poor,
the needy and the marginalized;
k. Active participation by and thorough consultation with
concerned non-government organizations (NGOs), people’s organizations (POs) and
communities are imperative to ensure that basic policies, plans, programs and
projects address the priority needs of stakeholders;
l. Respect for, protection and fulfillment of reproductive health
rights seek to promote not only the rights and welfare of adult individuals and
couples but those of adolescents’ and children’s as well; and
m. While nothing in this Act changes the law on abortion, as
abortion remains a crime and is punishable, the government shall ensure that
women seeking care for post-abortion complications shall be treated and
counseled in a humane, non-judgmental and compassionate manner.
SEC. 4. Definition of Terms. – For purposes of this Act,
the following terms shall be defined as follows:
a. Responsible Parenthood – refers to the will, ability and
cornmitTrient of parents to respond to the needs and aspirations of the family
and children more particularly through family planning;
b. Family Planning – refers to a program which enables couple, and
individuals to decide freely and responsibly the number and spacing of their
children and to have the information and means to carry out their decisions,
and to have informed choice and access to a full range of safe, legal and
effective family planning methods, techniques and devices.
c. Reproductive Health -refers to the state of 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 funcitions and
processes. This implies that people are able to have a satisfying and safe sex
life, that they have the capability to reproduce and the freedom to decide if,
when and how often to do so, provided that these are not against the law. This
further implies that women and men are afforded equal status in matters related
to sexual relations and reproduction.
d. Reproductive Health Rights – refers to the rights of
individuals and couples do decide freely and responsibly the number, spacing
and timing of their children; to make other decisions concerning reproduction
free of discrimination, coercion and violence; to have the information and
means to carry out their decisions; and to attain the highest standard of sexual
and reproductive health.
e. Gender Equality – refers to the absence of discrimination on
the basis of a person’s sex, in opportunities, allocation of resources and
benefits, and access to services.
f. Gender Equity – refers to fairness and justice in the
distribution of benefits and responsibilities between women and men, and often
requires. women-specific projects and programs to eliminate existing
inequalities, inequities, policies and practices unfavorable too women.
g. Reproductive Health Care – refers to the availability of and
access to a full range of methods, techniques, supplies and services that
contribute to reproductive and sexual health and well-being by preventing and
solving reproductive health-related problems in order to achieve enhancement of
life and personal relations. The elements of reproductive health care include:
1. Maternal, infant and child health and nutrition;
2. Promotion of breastfeeding;
3. Family planning information end services;
4. Prevention of abortion and management of post-abortion
complications;
5. Adolescent and youth health;
6. Prevention and management of reproductive tract infections
(RTIs), HIV/AIDS and other sexually transmittable infections (STIs);
7. Elimination of violence against women;
8. Education and counseling on sexuality and sexual and
reproductive health;
9. Treatment of breast and reproductive tract cancers and other
gynecological conditions;
10. Male involvement and participation in reproductive health;,
11. Prevention and treatment of infertility and sexual
dysfunction; and
12. Reproductive health education for the youth.
h. Reproductive Health Education – refers to the process of
acquiring complete, accurate and relevant information on all matters relating
to the reproductive system, its functions and processes and human sexuality;
and forming attitudes and beliefs about sex, sexual identity, interpersonal
relationships, affection, intimacy and gender roles. It also includes
developing the necessary skills do be able to distinguish between facts and
myths on sex and sexuality; and critically evaluate. and discuss the moral,
religious, social and cultural dimensions of related sensitive issues such as
contraception and abortion.
i. Male involvement and participation – refers to the involvement,
participation, commitment and joint responsibility of men with women in all
areas of sexual and reproductive health, as well as reproductive health
concerns specific to men.
j. Reproductive tract infection (RTI) – refers do sexually
transmitted infections, sexually transmitted diseases and other types
of-infections affecting the reproductive system.
k. Basic Emergency Obstetric Care – refers to lifesaving services
for maternal complication being provided by a health facility or professional
which must include the following six signal functions: administration of
parenteral antibiotics; administration of parrenteral oxyttocic drugs;
administration of parenteral anticonvulsants for pre-eclampsia and iampsia;
manual removal of placenta; and assisted vaginal delivery.
l. Comprehensive Emergency Obstetric Care – refers to basic
emergency obstetric care plus two other signal functions: performance of
caesarean section and blood transfusion.
m. Maternal Death Review – refers to a qualitative and in-depth
study of the causes of maternal death with the primary purpose of preventing
future deaths through changes or additions to programs, plans and policies.
n. Skilled Attendant – refers to an accredited health professional
such as a licensed midwife, doctor or nurse who has adequate proficiency and
the skills to manage normal (uncomplicated) pregnancies, childbirth and the
immediate postnatal period, and in the identification, management and referral
of complication in women and newborns.
o. Skilled Attendance – refers to childbirth managed by a skilled
attendant under the enabling conditions of a functional emergencyobstetric care
and referral system.
p. Development – refers to a multi-dimensional process involving
major changes in social structures, popular attitudes, and national
institutions as well as the acceleration of economic growth, the reduction of
inequality and the eradication of widespread poverty.
q. Sustainable Human Development – refers to the totality of the
process of expending human choices by enabling people to enjoy long, healthy
and productive lives, affording them access to resources needed for a decent
standard of living and assuring continuity and acceleration of development by
achieving a balance between and among a manageable population, adequate
resources and a healthy environment.
r. Population Development – refers to a program that aims to: (1)
help couples and parents achieve their desired family size; (2) improve
reproductive health of individuals by addressing reproductive health problems;
(3) contribute to decreased maternal and infant mortality rates and early child
mortality; (4) reduce incidence of teenage pregnancy; and (5) enable government
to achieve a balanced population distribution.
SEC. 5. The Commission on Population (POPC0NI). – Pursuant to the
herein declared policy, the Commission on Population (POPCOM) shall serve as
the central planning, coordinating, implementing and monitoring body for the
comprehensive and integrated policy on reproductive health and population
development. In the implementation of this policy, POPCOM, which shall be an
attached agency of the Department of Health (DOH) shall have the following
functions:
a. To create an enabling environment for women and couples to make
an informed choice regarding the family planning method that is best suited to
their needs and personal convictions;
b. To integrate on a continuing basis the interrelated
reproductive health and population development agenda into a national policy,
taking into account regional and local concerns;
c. To provide the mechanism to ensure active and full
participation of the private sector and the citizenry through their
organizations in the planning and implementation of reproductive health care
and population development programs and projects;
d. To ensure people’s access to medically safe, legal, quality and
affordable reproductive health goods and services;
e. To facilitate the involvement and participation of
non-government organizations 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;
f. To fully implement the Reproductive Health Care Program with
the following components:
(1) Reproductive health education including but not limited to
counseling on the full range of legal and medically-safe family planning
methods including surgical methods;
(2) Maternal, pen-natal and post-natal education, care and
services;
(3) Promotion of breastfeeding;
(4) Promotion of male involvement, participation and
responsibility in reproductive health as well as other reproductive health
concerns of men;
(5) Prevention of abortion and management of post-abortion
complications; and
(6) Provision of information and services addressing the
reproductive health needs of the poor, senior citizens, women in prostitution,
differently-abled persons, and women and children in war AND crisis situations.
g. To ensure that reproductive health services are delivered with
a full range of supplies, facilities and equipment and that service providers
are adequately trained for reproductive health care;
h. To endeavor to furnish local Family Planning Offices with
appropriate information and resources to keep the latter updated on current
studies and research relating to family planning, responsible parenthood,
breastfeeding and infant nutrition;
i. To direct all public hospitals to make available to indigent
mothers who deliver their children in these government hospitals, upon the
mothers request, the procedure of ligation without cost to her;
j. To recommend the enactment of legislation and adoption of
executive measures that will strengthen and enhance the national policy on
reproductive health and population development;
k. To ensure a massive and sustained information drive on
responsible parenthood and on all methods and techniques to prevent unwanted,
unplanned and mistimed pregnancies, it shall release information bulletins on
the same for nationwide circulation to all government departments, agencies and
instrumentalities, non-government organizations and the private sector,
schools, public and private libraries, tri-media outlets, workplaces, hospitals
and concerned health institutions;
l. To 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;
m. To take active steps to expand the coverage of the National
Health Insurance Program (NHIP), especially among poor and marginalized women,
to include the full range of reproductive health services and supplies as
health insurance benefits; and
n. To perform such other functions necessary to attain the
purposes of this Act.
The membership of the Board of Commissioners of POPCOM shall
consist of the heads of the following AGENCIES:
1. National Economic DevelopmentAuthority (VEDA)
2. Department of Health (DOH)
3. Department of Social Welfare and Development (DSWD)
4. Department of Labor and Employment (DOLE)
5. Department of Agriculture (DA)
6. Department of the Interior and Local Government (DILG)
7. Department of Education (DepEd)
8. Department of Environment and Natural Resources (DENR)
9. Commission on Higher Education (CHED)
10. University of the Philippines Population Institute (UPPI)
11. Union of Local Authorities of the Philippines (ULAFI)
12. National Anti-Poverty Commission (NAPC)
13. National Commission on the Role of Filipino Women (NCRFW)
14. National Youth Commission (NYC)
In addition to the aforementioned, members, there shall be three
private sector representatives to the Board of Commissioners of POPCOM who
shall come from NGOs. There shall be one (1) representative each from women,
youth and health sectors who have a proven track record of involvement in the
promotion of reproductive health. These representatives shall be nominated in a
process determined by the above-mentioned sectors, and to be appointed by the
President for a term of three (3)years.
SEC. 6. Midwives for Skilled Attendance. -Every city and
municipality shall endeavor to employ adequate number of midwives or other
skilled attendants to achieve a minimum ratio of one (1)for every one hundred
fifty (150) deliveries per year, to be based on the average annual number of
actual deliveries or live births for the past two years.
SEC. 7. Emergency Obstetric Care. – Each province. and
city shall endeavor to ensure the establishment and operation of hospitals with
adequate and qualified personnel that provide emergency obstetric care. For
every 500,000 population, there shall be at least one (1) hospital for comprehensive
emergency obstetric care and four (4) hospitals for basic emergency obstetric
care.
SEC. 8. Maternal Death Review. – All LGUs, national and
local government hospitals, and other public health units shall conduct
maternal death review in accordance with the guidelines to be issued by the DOH
in consultation with the POPCOM.
SEC. 9. Hospital-Based Family Planning. -Tubal ligation,
vasectomy, intrauterine device insertion and other family planning methods
requiring hospital services shall be available in all national and local
government hospitals, except: in specialty hospitals which may render such
services on an optional basis. For indigent patients, such services shall be
fully covered by PhilHealth insurance and/or government financial assistance.
SEC. 10. Contraceptives as Essential Medicines. – Hormonal
contraceptives, intrauterine devices, injectables and other allied reproductive
health products and supplies shall be considered under the category of
essential medicines and supplies which shall form part of the National Drug
Formulary and the same shall be included in the regular purchase of essential
medicines and supplies of all national and lord hospitals and other government
health units.
SEC. 11. Mobile Health Care Service. -Each Congressional
District shall be provided with a van to be known as the Mobile Health Care
Service (MHOS) to deliver health care goods and services to its constituents,
more particularly to the poor and needy, as well as disseminate knowledge and
information on reproductive health: Provided, That reproductive health education shall be
conducted by competent and adequately trained persons preferably reproductive
health care providers: Provided, further, That the full range of family
planning methods, both natural and modern, shall be promoted.
The acquisition, operation and maintenance of the MRCS shall be
funded from the Priority Development Assistance Fund (PDAF) of each
Congressional District.
The MHCS shall be adequately equipped with a wide range of
reproductive health care materials and information dissemination devices and
equipment, the latter including but not limited to, a television set for
audio-visual presentation.
SEC. 12. Mandatory Age-Appropriate Reproductive Health Education.
– Recognizing the importance of reproductive health rights in empowering the
youth and developing them into responsible adults, Reproductive Health
Education in an age-appropriate manner shall be taught by adequately trained
teachers starting from Grade 5 up to Fourth Year High School. In order to
assure the prior training of teachers on reproductive health, the
implementation of Reproductive Health Education shall commence at the start of
the school year one year following the effectivity of this Act. The POPCOM, in
coordination with the Department of Education, shall formulate the Reproductive
Health Education curriculum, which shall be common to both public and private
schools and shall include related population and development concepts in
addition to the following subjects and standards:
a. Reproductive health and sexual rights;
b. Reproductive health care and services;
c. Attitudes, beliefs and values on sexual development, sexual
behavior and sexual health;
d. Proscription and hazards of abortion and management of
post-abortion complications;
e. Responsible parenthood.
f. Use and application of natural and modern family planning
methods to promote reproductive health, achieve desired family size and prevent
unwanted, unplanned and mistimed pregnancies;
g. Abstinence before marriage;
h. Prevention and treatment of HIV/AIDS and other, STIs/STDs,
prostate cancer, breast cancer, cervical cancer and other gynecological
disorders;
i. Responsible sexuality; and
j. Maternal, peri-natal and post-natal education, care and
services.
In support of the natural, and primary right of parents in the
rearing of the youth, the POPCOM shall provide concerned parents with adequate
and relevant scientific materials on the age-appropriate topics and manner of
teaching reproductive health education to their children.
In the elementary level, reproductive health education shall
focus, among others, on values formation.
Non-formal education programs shall likewise include the
abovementioned reproductive Health Education.
SEC. 13. Additional Duty of Family Planning 0ffice. – Each
local Family Planning Office shall furnish for free instructions and
information on family planning, responsible parenthood, breastfeeding and
infant nutrition to all applicants for marriage license.
SEC. 14. 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
family planning, responsible parenthood, breastfeeding and infant nutrition.
SEC. 15. Capability Building of Community-Based Volunteer Workers.
– Community-based volunteer workers, like but not limited to, Barangay Health
Workers, shall undergo additional and updated training on the delivery of
reproductive health care services and shall receive not less than 10% increase
in honoraria upon successful completion of training. The increase in honoraria
shall be funded from the Gender and Development (GAD) budget of the National
Economic and Development Authority (NEDA), Department of Health (DOH) and the
Department of the Interior and Local Government (DILG).
SEC. 16. Ideal Family Size. – The State shall assist
couples, parents and individuals to achieve their desired family size within
the context of responsible parenthood for sustainable development and encourage
them to have two children as the ideal family size. Attaining the ideal family
size is neither mandatory nor compulsory. No punitive action shall be imposed
on parents having more than two children.
SEC. 17. Employers’ Responsibilities. – Employers shall
respect the reproductive health rights of all their workers. Women shall not be
discriminated against in the matter of hiring, regularization of employment
status or selection for retrenchment.
All Collective Bargaining Agreements (CBAs) shall provide for the
free delivery by the employer of reasonable quantity of reproductive health
care services, supplies and devices to all workers, more particularly women
workers. In establishments or enterprises where there are no CBAs or where the
employees are unorganized, the employer shall have the same obligation.
SEC. 18. Support of Private and Non-government Health Care Service
Providers. – Pursuant to Section 5(b) hereof, private
reproductive health care service providers, including but not limited to
gynecologists and obstetricians, are encouraged to join their colleagues in
non-government organizations in rendering such services free of charge or at
reduced professional fee rates to indigent and low income patients.
SEC. 19. Multi-Media Campaign. – POPCOM shall initiate and
sustain an intensified nationwide multi-media campaign to raise the level of
public awareness on the urgent need to protect and promote reproductive health
and rights.
SEC. 20. Reporting Requirements. – Before the end of April
of each year,the DOH shall submit an annual report to the President of the
Philippines, the President of the Senate and the Speaker of the House of
Representatives on a definitive and comprehensive assessment of the
implementation of this Act and shall make the necessary recommendations for
executive and legislative action. The report shall be posted in the website of
DOH and printed copies shall be made available to all stakeholders.
SEC. 21. Prohibited Acts. – The following acts are
prohibited:
a) Any health care service provider, whether public or private,
who shall:
1. Knowingly withhold information or impede 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 and effective family planning
methods;
2. Refuse to perform voluntary ligation and vasectomy and other
legal and medically-safe reproductive health care services on any person of
legal age on the ground of lack of spousal consent or authorization.
3. Refuse to provide reproductive health care services to an
abused minor, whose abused condition is certified by the proper official or
personnel of the Department of Social Welfare and Development (DSWD) or to duly
DSWD-certified abused pregnant minor on whose case no parental consent is
necessary.
4. Fail to provide, either deliberately or through gross or
inexcusable negligence, reproductive health care services as mandated under
this Act, the Local Government Code of 1991, the Labor Code, and Presidential Decree 79, as amended; and
5. Refuse to extend reproductive health care services and
information on account of the patient’s civil status, gender or sexual
orientation, age, religion, personal circumstances, and nature of work; Provided,
That all conscientious objections of health care service providers based on
religious grounds shall be respected: Provided, further, That 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, finally, That the patient is not in an
emergency or serious case as defined in RA 8344 penalizing the refusal of
hospitals and medical clinics to administer appropriate initial medical
treatment and support in emergency and serious cases.
b) Any public official who prohibits or restricts personally or
through a subordinate the delivery of legal and medically-safe reproductive
health care services, including family planning;
c) Any employer who shall fail to comply with his obligation under
Section 17 of this Act or an employer who requires a female applicant or employee,
as a condition for employment or continued employment, to involuntarily undergo
sterilization, tubal ligation or any other form of contraceptive method;
d) Any person who shall falsify a certificate of compliance as
required in Section 14 of this Act; and
e) Any person who maliciously engages in disinformation about the
intent or provisions of this Act.
SEC. 22. Penalties. – The proper city or municipal court
shall exercise jurisdiction over violations of this Act and the accused who is
found guilty shall be sentenced to an imprisonment ranging from one (1) month
to six (6) months or a fine ranging from Ten Thousand Pesos (P10,000.00) to
Fifty Thousand Pesos (P50,000.00) or both such fine and imprisonment at the
discretion of the court. If the offender is a juridical person, the penalty
shall be imposed upon the president, treasurer, secretary 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.
An offender who is a public officer or employee shall suffer the accessory
penalty of dismissal from the government service.
Violators of this Act shall be civilly liable to the offended
party in such amount at the discretion of the proper court.
SEC. 23. Appropriations. – The amounts appropriated in the
current annual General Appropriations Act for reproductive health and family
planning under the DOH and POPCOM together with ten percent (10%) of the Gender
and Development (GAD) budgets of all government departments, agencies, bureaus,
offices and instrumentalities funded in the annual General Appropriations Act
in accordance with Republic Act No. 7192 (Women in Development and
Nation-building Act) and Executive Order No. 273 (Philippine Plan for Gender
Responsive Development 1995-2025) shall be allocated and utilized for the
implementation of this Act. Such additional sums as may be necessary for the
effective implementation of this Act shall be Included in the subsequent years’
General Appropriations Acts.
SEC. 24. Implementing Rules and Regulations. – Within sixty
(60) days from the effectivity of this Act, the Department of Health shall
promulgate, after thorough consultation with the Commission on Population
(POPCOM), the National Economic Development Authority (NEDA), concerned
non-government organizations (NGOs) and known reproductive health advocates,
the requisite implementing rules and regulations.
SEC. 25. Separability Clause. – If any part, section or
provision of this Act is held invalid or unconstitutional, other provisions not
affected thereby shall remain in full force and effect.
SEC. 26. Repealing Clause. – All laws, decrees, Orders,
issuances, rules and regulations contrary to or inconsistent with the
provisions of this Act are hereby repealed, amended or modified accordingly.
SEC. 27. Effectivity. – This Act shall take effect fifteen
(15) days after its publication in at least two (2) newspapers of national
circulation.
