REPUBLIC ACT NO. 10354 (The Responsible Parenthood and Reproductive Health Act of 2012) PDF

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December 21, 2012

REPUBLIC ACT NO. 10354

AN ACT PROVIDING FOR A NATIONAL POLICY ON RESPONSIBLE PARENTHOOD


AND REPRODUCTIVE HEALTH

SECTION 1. Title. — This Act shall be known as "The Responsible Parenthood


and Reproductive Health Act of 2012". EcIaTA

SECTION 2. Declaration of Policy. — The State recognizes and guarantees the


human rights of all persons including their right to equality and nondiscrimination of
these rights, the right to sustainable human development, the right to health which
includes reproductive health, the right to education and information, and the right to
choose and make decisions for themselves in accordance with their religious
convictions, ethics, cultural beliefs, and the demands of responsible parenthood.
Pursuant to the declaration of State policies under Section 12, Article II of the
1987 Philippine Constitution, it is the duty of the State to protect and strengthen the
family as a basic autonomous social institution and equally protect the life of the
mother and the life of the unborn from conception. The State shall protect and promote
the right to health of women especially mothers in particular and of the people in
general and instill health consciousness among them. The family is the natural and
fundamental unit of society. The State shall likewise protect and advance the right of
families in particular and the people in general to a balanced and healthful environment
in accord with the rhythm and harmony of nature. The State also recognizes and
guarantees the promotion and equal protection of the welfare and rights of children, the
youth, and the unborn.
Moreover, the State recognizes and guarantees the promotion of gender equality,
gender equity, women empowerment and dignity as a health and human rights concern
and as a social responsibility. The advancement and protection of women's human
rights shall be central to the efforts of the State to address reproductive health care.
The State recognizes marriage as an inviolable social institution and the
foundation of the family which in turn is the foundation of the nation. Pursuant thereto,
the State shall defend:
(a) The right of spouses to found a family in accordance with their
religious convictions and the demands of responsible parenthood;
(b) The right of children to assistance, including proper care and
nutrition, and special protection from all forms of neglect, abuse,
cruelty, exploitation, and other conditions prejudicial to their
development;
(c) The right of the family to a family living wage and income; and
(d) The right of families or family associations to participate in the
planning and implementation of policies and programs that affect
them.
The State likewise guarantees universal access to medically-safe, non-
abortifacient, effective, legal, affordable, and quality reproductive health care services,
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methods, devices, supplies which do not prevent the implantation of a fertilized ovum
as determined by the Food and Drug Administration (FDA) and relevant information and
education thereon according to the priority needs of women, children and other
underprivileged sectors, giving preferential access to those identi ed through the
National Household Targeting System for Poverty Reduction (NHTS-PR) and other
government measures of identifying marginalization, who shall be voluntary
beneficiaries of reproductive health care, services and supplies for free.
The State shall eradicate discriminatory practices, laws and policies that infringe
on a person's exercise of reproductive health rights.
The State shall also promote openness to life: Provided, That parents bring forth
to the world only those children whom they can raise in a truly humane way.
SECTION 3. Guiding Principles for Implementation. — This Act declares the
following as guiding principles:
(a) The right to make free and informed decisions, which is central to the
exercise of any right, shall not be subjected to any form of coercion
and must be fully guaranteed by the State, like the right itself;
(b) Respect for protection and ful llment of reproductive health and
rights which seek to promote the rights and welfare of every person
particularly couples, adult individuals, women and adolescents; STIHaE

(c) Since human resource is among the principal assets of the country,
effective and quality reproductive health care services must be given
primacy to ensure maternal and child health, the health of the unborn,
safe delivery and birth of healthy children, and sound replacement
rate, in line with the State's duty to promote the right to health,
responsible parenthood, social justice and full human development;
(d) The provision of ethical and medically safe, legal, accessible,
affordable, non-abortifacient, effective and quality reproductive health
care services and supplies is essential in the promotion of people's
right to health, especially those of women, the poor, and the
marginalized, and shall be incorporated as a component of basic
health care;
(e) The State shall promote and provide information and access, without
bias, to all methods of family planning, including effective natural and
modern methods which have been proven medically safe, legal, non-
abortifacient, and effective in accordance with scienti c and
evidence-based medical research standards such as those registered
and approved by the FDA for the poor and marginalized as identi ed
through the NHTS-PR and other government measures of identifying
marginalization: Provided, That the State shall also provide funding
support to promote modern natural methods of family planning,
especially the Billings Ovulation Method, consistent with the needs of
acceptors and their religious convictions;
(f) The State shall promote programs that: (1) enable individuals and
couples to have the number of children they desire with due
consideration to the health, particularly of women, and the resources
available and affordable to them and in accordance with existing laws,
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public morals and their religious convictions: Provided, That no one
shall be deprived, for economic reasons, of the rights to have children;
(2) achieve equitable allocation and utilization of resources; (3)
ensure effective partnership among national government, local
government units (LGUs) and the private sector in the design,
implementation, coordination, integration, monitoring and evaluation
of people-centered programs to enhance the quality of life and
environmental protection; (4) conduct studies to analyze
demographic trends including demographic dividends from sound
population policies towards sustainable human development in
keeping with the principles of gender equality, protection of mothers
and children, born and unborn and the promotion and protection of
women's reproductive rights and health; and (5) conduct scienti c
studies to determine the safety and e cacy of alternative medicines
and methods for reproductive health care development;
(g) The provision of reproductive health care, information and supplies
giving priority to poor bene ciaries as identi ed through the NHTS-PR
and other government measures of identifying marginalization must
be the primary responsibility of the national government consistent
with its obligation to respect, protect and promote the right to health
and the right to life;
(h) The State shall respect individuals' preferences and choice of family
planning methods that are in accordance with their religious
convictions and cultural beliefs, taking into consideration the State's
obligations under various human rights instruments; CAaDTH

(i) Active participation by nongovernment organizations (NGOs),


women's and people's organizations, civil society, faith-based
organizations, the religious sector and communities is crucial to
ensure that reproductive health and population and development
policies, plans, and programs will address the priority needs of
women, the poor, and the marginalized;
(j) While this Act recognizes that abortion is illegal and punishable by
law, the government shall ensure that all women needing care for
post-abortive complications and all other complications arising from
pregnancy, labor and delivery and related issues shall be treated and
counseled in a humane, nonjudgmental and compassionate manner in
accordance with law and medical ethics;
(k) Each family shall have the right to determine its ideal family size:
Provided, however, That the State shall equip each parent with the
necessary information on all aspects of family life, including
reproductive health and responsible parenthood, in order to make that
determination;
(l) There shall be no demographic or population targets and the
mitigation, promotion and/or stabilization of the population growth
rate is incidental to the advancement of reproductive health;
(m) Gender equality and women empowerment are central elements of
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reproductive health and population and development;
(n) The resources of the country must be made to serve the entire
population, especially the poor, and allocations thereof must be
adequate and effective: Provided, That the life of the unborn is
protected;
(o) Development is a multi-faceted process that calls for the
harmonization 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; and
(p) That a comprehensive reproductive health program addresses the
needs of people throughout their life cycle.
SECTION 4. De nition of Terms. — For the purpose of this Act, the following
terms shall be defined as follows:
(a) Abortifacient refers to any drug or device that induces abortion or
the destruction of a fetus inside the mother's womb or the prevention
of the fertilized ovum to reach and be implanted in the mother's
womb upon determination of the FDA.
(b) Adolescent refers to young people between the ages of ten (10) to
nineteen (19) years who are in transition from childhood to adulthood.
(c) Basic Emergency Obstetric and Newborn Care (BEMONC) refers to
lifesaving services for emergency maternal and newborn
conditions/complications being provided by a health facility or
professional to include the following services: administration of
parenteral oxytocic drugs, administration of dose of parenteral
anticonvulsants, administration of parenteral antibiotics,
administration of maternal steroids for preterm labor, performance of
assisted vaginal deliveries, removal of retained placental products,
and manual removal of retained placenta. It also includes neonatal
interventions which include at the minimum: newborn resuscitation,
provision of warmth, and referral, blood transfusion where possible.
(d) Comprehensive Emergency Obstetric and Newborn Care (CEMONC)
refers to lifesaving services for emergency maternal and newborn
conditions/complications as in Basic Emergency Obstetric and
Newborn Care plus the provision of surgical delivery (caesarian
section) and blood bank services, and other highly specialized
obstetric interventions. It also includes emergency neonatal care
which includes at the minimum: newborn resuscitation, treatment of
neonatal sepsis infection, oxygen support, and antenatal
administration of (maternal) steroids for threatened premature
delivery.
TCIHSa

(e) Family planning refers to a program which enables couples and


individuals to decide freely and responsibly the number and spacing
of their children and to have the information and means to do so, and
to have access to a full range of safe, affordable, effective, non-
abortifacient modern natural and arti cial methods of planning
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pregnancy.
(f) Fetal and infant death review refers to a qualitative and in-depth study
of the causes of fetal and infant death with the primary purpose of
preventing future deaths through changes or additions to programs,
plans and policies.
(g) Gender equality refers to the principle of equality between women
and men and equal rights to enjoy conditions in realizing their full
human potentials to contribute to, and bene t from, the results of
development, with the State recognizing that all human beings are
free and equal in dignity and rights. It entails equality in opportunities,
in the allocation of resources or bene ts, or in access to services in
furtherance of the rights to health and sustainable human
development among others, without discrimination.
(h) Gender equity refers to the policies, instruments, programs and
actions that address the disadvantaged position of women in society
by providing preferential treatment and a rmative action. It entails
fairness and justice in the distribution of bene ts and responsibilities
between women and men, and often requires women-speci c
projects and programs to end existing inequalities. This concept
recognizes that while reproductive health involves women and men, it
is more critical for women's health.
(i) Male responsibility refers to the involvement, commitment,
accountability and responsibility of males in all areas of sexual health
and reproductive health, as well as the care of reproductive health
concerns specific to men.
(j) Maternal death review refers to a qualitative and in-depth study of the
causes of maternal death with the primary purpose of preventing
future deaths through changes or additions to programs, plans and
policies.
(k) Maternal health refers to the health of a woman of reproductive age
including, but not limited to, during pregnancy, childbirth and the
postpartum period.
(l) Modern methods of family planning refers to safe, effective, non-
abortifacient and legal methods, whether natural or arti cial, that are
registered with the FDA, to plan pregnancy.
(m) Natural family planning refers to a variety of methods used to plan
or prevent pregnancy based on identifying the woman's fertile days.
(n) Public health care service provider refers to: (1) public health care
institution, which is duly licensed and accredited and devoted
primarily to the maintenance and operation of facilities for health
promotion, disease prevention, diagnosis, treatment and care of
individuals suffering from illness, disease, injury, disability or
deformity, or in need of obstetrical or other medical and nursing care;
(2) public health care professional, who is a doctor of medicine, a
nurse or a midwife; (3) public health worker engaged in the delivery of
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health care services; or (4) barangay health worker who has
undergone training programs under any accredited government and
NGO and who voluntarily renders primarily health care services in the
community after having been accredited to function as such by the
local health board in accordance with the guidelines promulgated by
the Department of Health (DOH).
(o) Poor refers to members of households identi ed as poor through
the NHTS-PR by the Department of Social Welfare and Development
(DSWD) or any subsequent system used by the national government
in identifying the poor.
HCacDE

(p) Reproductive Health (RH) refers to the state of complete physical,


mental and social well-being and not merely the absence of disease
or in rmity, in all matters relating to the reproductive system and to
its functions and processes. This implies that people are able to have
a responsible, safe, consensual and satisfying sex life, that they have
the capability to reproduce and the freedom to decide if, when, and
how often to do so. This further implies that women and men attain
equal relationships in matters related to sexual relations and
reproduction.
(q) Reproductive health care refers to the access to a full range of
methods, facilities, services and supplies that contribute to
reproductive health and well-being by addressing reproductive health-
related problems. It also includes sexual health, the purpose of which
is the enhancement of life and personal relations. The elements of
reproductive health care include the following:
(1) Family planning information and services which shall include
as a rst priority making women of reproductive age fully
aware of their respective cycles to make them aware of when
fertilization is highly probable, as well as highly improbable;
(2) Maternal, infant and child health and nutrition, including
breastfeeding;
(3) Proscription of abortion and management of abortion
complications;
(4) Adolescent and youth reproductive health guidance and
counseling;
(5) Prevention, treatment and management of reproductive tract
infections (RTIs), HIV and AIDS and other sexually transmittable
infections (STIs);
(6) Elimination of violence against women and children and other
forms of sexual and gender-based violence;
(7) Education and counseling on sexuality and reproductive
health;
(8) Treatment of breast and reproductive tract cancers and other
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gynecological conditions and disorders;
(9) Male responsibility and involvement and men's reproductive
health;
(10) Prevention, treatment and management of infertility and
sexual dysfunction;
(11) Reproductive health education for the adolescents; and
(12) Mental health aspect of reproductive health care.
(r) Reproductive health care program refers to the systematic and
integrated provision of reproductive health care to all citizens
prioritizing women, the poor, marginalized and those invulnerable or
crisis situations.
(s) Reproductive health rights refers to the rights of individuals and
couples, to decide freely and responsibly whether or not to have
children; the number, spacing and timing of their children; to make
other decisions concerning reproduction, free of discrimination,
coercion and violence; to have the information and means to do so;
and to attain the highest standard of sexual health and reproductive
health: Provided, however, That reproductive health rights do not
include abortion, and access to abortifacients.
(t) Reproductive health and sexuality education refers to a lifelong
learning process of providing and acquiring complete, accurate and
relevant age- and development-appropriate information and
education on reproductive health and sexuality through life skills
education and other approaches. SCIacA

(u) Reproductive Tract Infection (RTI) refers to sexually transmitted


infections (STIs), and other types of infections affecting the
reproductive system.
(v) Responsible parenthood refers to the will and ability of a parent to
respond to the needs and aspirations of the family and children. It is
likewise a shared responsibility between parents to determine and
achieve the desired number of children, spacing and timing of their
children according to their own family life aspirations, taking into
account psychological preparedness, health status, sociocultural and
economic concerns consistent with their religious convictions.
(w) Sexual health refers to a state of physical, mental and social well-
being in relation to sexuality. It requires a positive and respectful
approach to sexuality and sexual relationships, as well as the
possibility of having pleasurable and safe sexual experiences, free
from coercion, discrimination and violence.
(x) Sexually Transmitted Infection (STI) refers to any infection that may
be acquired or passed on through sexual contact, use of IV,
intravenous drug needles, childbirth and breastfeeding.
(y) Skilled birth attendance refers to childbirth managed by a skilled
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health professional including the enabling conditions of necessary
equipment and support of a functioning health system, including
transport and referral faculties for emergency obstetric care.
(z) Skilled health professional refers to a midwife, doctor or nurse, who
has been educated and trained in the skills needed to manage normal
and complicated pregnancies, childbirth and the immediate postnatal
period, and in the identi cation, management and referral of
complications in women and newborns.
(aa) Sustainable human development refers to bringing people,
particularly the poor and vulnerable, to the center of development
process, the central purpose of which is the creation of an enabling
environment in which all can enjoy long, healthy and productive lives,
done in the manner that promotes their rights and protects the life
opportunities of future generations and the natural ecosystem on
which all life depends.
SECTION 5. Hiring of Skilled Health Professionals for Maternal Health Care
and Skilled Birth Attendance. — The LGUs shall endeavor to hire an adequate number of
nurses, midwives and other skilled health professionals for maternal health care and
skilled birth attendance to achieve an ideal skilled health professional-to-patient ratio
taking into consideration DOH targets: Provided, That people in geographically isolated
or highly populated and depressed areas shall be provided the same level of access to
health care: Provided, further, That the national government shall provide additional and
necessary funding and other necessary assistance for the effective implementation of
this provision.
For the purposes of this Act, midwives and nurses shall be allowed to administer
lifesaving drugs such as, but not limited to, oxytocin and magnesium sulfate, in
accordance with the guidelines set by the DOH, under emergency conditions and when
there are no physicians available: Provided, That they are properly trained and certi ed
to administer these lifesaving drugs.
SECTION 6. Health Care Facilities. — Each LGU, upon its determination of the
necessity based on well-supported data provided by its local health o ce shall
endeavor to establish or upgrade hospitals and facilities with adequate and quali ed
personnel, equipment and supplies to be able to provide emergency obstetric and
newborn care: Provided, That people in geographically isolated or highly populated and
depressed areas shall have the same level of access and shall not be neglected by
providing other means such as home visits or mobile health care clinics as needed:
Provided, further, That the national government shall provide additional and necessary
funding and other necessary assistance for the effective implementation of this
provision. HTDCAS

SECTION 7. Access to Family Planning. — All accredited public health


facilities shall provide a full range of modern family planning methods, which shall also
include medical consultations, supplies and necessary and reasonable procedures for
poor and marginalized couples having infertility issues who desire to have children:
Provided, That family planning services shall likewise be extended by private health
facilities to paying patients with the option to grant free care and services to indigents,
except in the case of non-maternity specialty hospitals and hospitals owned and
operated by a religious group, but they have the option to provide such full range of
modern family planning methods: Provided, further, That these hospitals shall
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immediately refer the person seeking such care and services to another health facility
which is conveniently accessible: Provided, nally , That the person is not in an
emergency condition or serious case as defined in Republic Act No. 8344.
No person shall be denied information and access to family planning services,
whether natural or arti cial: Provided, That minors will not be allowed access to
modern methods of family planning without written consent from their parents or
guardian/s except when the minor is already a parent or has had a miscarriage.
SECTION 8. Maternal Death Review and Fetal and Infant Death Review. — All
LGUs, national and local government hospitals, and other public health units shall
conduct an annual Maternal Death Review and Fetal and Infant Death Review in
accordance with the guidelines set by the DOH. Such review should result in an
evidence-based programming and budgeting process that would contribute to the
development of more responsive reproductive health services to promote women's
health and safe motherhood.
SECTION 9. The Philippine National Drug Formulary System and Family
Planning Supplies. — The National Drug Formulary shall include hormonal
contraceptives, intrauterine devices, injectables and other safe, legal, non-abortifacient
and effective family planning products and supplies. The Philippine National Drug
Formulary System (PNDFS) shall be observed in selecting drugs including family
planning supplies that will be included or removed from the Essential Drugs List (EDL)
in accordance with existing practice and in consultation with reputable medical
associations in the Philippines. For the purpose of this Act, any product or supply
included or to be included in the EDL must have a certi cation from the FDA that said
product and supply is made available on the condition that it is not to be used as an
abortifacient. SACEca

These products and supplies shall also be included in the regular purchase of
essential medicines and supplies of all national hospitals: Provided, further, That the
foregoing o ces shall not purchase or acquire by any means emergency contraceptive
pills, postcoital pills, abortifacients that will be used for such purpose and their other
forms or equivalent.
SECTION 10. Procurement and Distribution of Family Planning Supplies. —
The DOH shall procure, distribute to LGUs and monitor the usage of family planning
supplies for the whole country. The DOH shall coordinate with all appropriate local
government bodies to plan and implement this procurement and distribution program.
The supply and budget allotments shall be based on, among others, the current levels
and projections of the following:
(a) Number of women of reproductive age and couples who want to
space or limit their children;
(b) Contraceptive prevalence rate, by type of method used; and
(c) Cost of family planning supplies.
Provided, That LGUs may implement its own procurement, distribution and
monitoring program consistent with the overall provisions of this Act and the
guidelines of the DOH.
SECTION 11. Integration of Responsible Parenthood and Family Planning
Component in Anti-Poverty Programs. — A multidimensional approach shall be adopted
in the implementation of policies and programs to ght poverty. Towards this end, the
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DOH shall implement programs prioritizing full access of poor and marginalized
women as identi ed through the NHTS-PR and other government measures of
identifying marginalization to reproductive health care, services, products and
programs. The DOH shall provide such programs, technical support, including capacity
building and monitoring.
SECTION 12. PhilHealth Bene ts for Serious and Life-Threatening
Reproductive Health Conditions. — All serious and life-threatening reproductive health
conditions such as HIV and AIDS, breast and reproductive tract cancers, and obstetric
complications, and menopausal and post-menopausal-related conditions shall be given
the maximum bene ts, including the provision of Anti-Retroviral Medicines (ARVs), as
provided in the guidelines set by the Philippine Health Insurance Corporation (PHIC). DEHcTI

SECTION 13. Mobile Health Care Service. — The national or the local
government may provide each provincial, city, municipal and district hospital with a
Mobile Health Care Service (MHCS) in the form of a van or other means of
transportation appropriate to its terrain, taking into consideration the health care needs
of each LGU. The MHCS shall 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. The MHCS shall be operated by skilled health
providers and adequately equipped with a wide range of health care materials and
information dissemination devices and equipment, the latter including, but not limited
to, a television set for audio-visual presentations. All MHCS shall be operated by LGUs
of provinces and highly urbanized cities.
SECTION 14. Age- and Development-Appropriate Reproductive Health
Education. — The State shall provide age- and development-appropriate reproductive
health education to adolescents which shall be taught by adequately trained teachers in
formal and nonformal educational system and integrated in relevant subjects such as,
but not limited to, values formation; knowledge and skills in self-protection against
discrimination; sexual abuse and violence against women and children and other forms
of gender based violence and teen pregnancy; physical, social and emotional changes
in adolescents; women's rights and children's rights; responsible teenage behavior;
gender and development; and responsible parenthood: Provided, That exibility in the
formulation and adoption of appropriate course content, scope and methodology in
each educational level or group shall be allowed only after consultations with parents-
teachers-community associations, school o cials and other interest groups. The
Department of Education (DepEd) shall formulate a curriculum which shall be used by
public schools and may be adopted by private schools.
SECTION 15. Certi cate of Compliance. — No marriage license shall be
issued by the Local Civil Registrar unless the applicants present a Certi cate of
Compliance issued for free by the local Family Planning O ce certifying that they had
duly received adequate instructions and information on responsible parenthood, family
planning, breastfeeding and infant nutrition.
SECTION 16. Capacity Building of Barangay Health Workers (BHWs). — The
DOH shall be responsible for disseminating information and providing training
programs to the LGUs. The LGUs, with the technical assistance of the DOH, shall be
responsible for the training of BHWs and other barangay volunteers on the promotion
of reproductive health. The DOH shall provide the LGUs with medical supplies and
equipment needed by BHWs to carry out their functions effectively: Provided, further,
That the national government shall provide additional and necessary funding and other
necessary assistance for the effective implementation of this provision including the
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possible provision of additional honoraria for BHWs.
SECTION 17. Pro Bono Services for Indigent Women. — Private and
nongovernment reproductive health care service providers including, but not limited to,
gynecologists and obstetricians, are encouraged to provide at least forty-eight (48)
hours annually of reproductive health services, ranging from providing information and
education to rendering medical services, free of charge to indigent and low-income
patients as identi ed through the NHTS-PR and other government measures of
identifying marginalization, especially to pregnant adolescents. The forty-eight (48)
hours annual pro bono services shall be included as a prerequisite in the accreditation
under the PhilHealth.
SECTION 18. Sexual and Reproductive Health Programs for Persons with
Disabilities (PWDs). — The cities and municipalities shall endeavor that barriers to
reproductive health services for PWDs are obliterated by the following:
(a) Providing physical access, and resolving transportation and
proximity issues to clinics, hospitals and places where public health
education is provided, contraceptives are sold or distributed or other
places where reproductive health services are provided;
(b) Adapting examination tables and other laboratory procedures to the
needs and conditions of PWDs; AaCTID

(c) Increasing access to information and communication materials on


sexual and reproductive health in braille, large print, simple language,
sign language and pictures;
(d) Providing continuing education and inclusion of rights of PWDs
among health care providers; and
(e) Undertaking activities to raise awareness and address
misconceptions among the general public on the stigma and their
lack of knowledge on the sexual and reproductive health needs and
rights of PWDs.
SECTION 19. Duties and Responsibilities. — (a) Pursuant to the herein
declared policy, the DOH shall serve as the lead agency for the implementation of this
Act and shall integrate in their regular operations the following functions:
(1) Fully and efficiently implement the reproductive health care program;
(2) Ensure people's access to medically safe, non-abortifacient, legal,
quality and affordable reproductive health goods and services; and
(3) Perform such other functions necessary to attain the purposes of
this Act.
(b) The DOH, in coordination with the PHIC, as may be applicable, shall:
(1) Strengthen the capacities of health regulatory agencies to ensure
safe, high quality, accessible and affordable reproductive health
services and commodities with the concurrent strengthening and
enforcement of regulatory mandates and mechanisms;
(2) Facilitate the involvement and participation of NGOs and the private
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sector in reproductive health care service delivery and in the
production, distribution and delivery of quality reproductive health and
family planning supplies and commodities to make them accessible
and affordable to ordinary citizens;
(3) Engage the services, skills and pro ciencies of experts in natural
family planning who shall provide the necessary training for all BHWs;
(4) Supervise and provide assistance to LGUs in the delivery of
reproductive health care services and in the purchase of family
planning goods and supplies; and
(5) Furnish LGUs, through their respective local health o ces,
appropriate information and resources to keep the latter updated on
current studies and researches relating to family planning,
responsible parenthood, breastfeeding and infant nutrition.
(c) The FDA shall issue strict guidelines with respect to the use of
contraceptives, taking into consideration the side effects or other harmful effects of
their use.
(d) Corporate citizens shall exercise prudence in advertising its products or
services through all forms of media, especially on matters relating to sexuality, further
taking into consideration its influence on children and the youth.
SECTION 20. Public Awareness. — The DOH and the LGUs shall initiate and
sustain a heightened nationwide multimedia campaign to raise the level of public
awareness on the protection and promotion of reproductive health and rights including,
but not limited to, maternal health and nutrition, family planning and responsible
parenthood information and services, adolescent and youth reproductive health,
guidance and counseling and other elements of reproductive health care under Section
4 (q).
Education and information materials to be developed and disseminated for this
purpose shall be reviewed regularly to ensure their effectiveness and relevance.
SECTION 21. Reporting Requirements. — Before the end of April each year,
the DOH shall submit to the President of the Philippines and Congress an annual
consolidated report, which shall provide a de nitive and comprehensive assessment of
the implementation of its programs and those of other government agencies and
instrumentalities and recommend priorities for executive and legislative actions. The
report shall be printed and distributed to all national agencies, the LGUs, NGOs and
private sector organizations involved in said programs. DcSEHT

The annual report shall evaluate the content, implementation, and impact of all
policies related to reproductive health and family planning to ensure that such policies
promote, protect and fulfill women's reproductive health and rights.
SECTION 22. Congressional Oversight Committee on Reproductive Health
Act. — There is hereby created a Congressional Oversight Committee (COC) composed
of ve (5) members each from the Senate and the House of Representatives. The
members from the Senate and the House of Representatives shall be appointed by the
Senate President and the Speaker, respectively, with at least one (1) member
representing the Minority.
The COC shall be headed by the respective Chairs of the Committee on Health
and Demography of the Senate and the Committee on Population and Family Relations
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of the House of Representatives. The Secretariat of the COC shall come from the
existing Secretariat personnel of the Senate and the House of Representatives
committees concerned.
The COC shall monitor and ensure the effective implementation of this Act,
recommend the necessary remedial legislation or administrative measures, and shall
conduct a review of this Act every ve (5) years from its effectivity. The COC shall
perform such other duties and functions as may be necessary to attain the objectives
of this Act.
SECTION 23. Prohibited Acts. — The following acts are prohibited:
(a) Any health care service provider, whether public or private, who shall:
(1) Knowingly withhold information or restrict the dissemination
thereof, and/or intentionally provide incorrect information
regarding programs and services on reproductive health
including the right to informed choice and access to a full range
of legal, medically-safe, non-abortifacient and effective family
planning methods;
(2) Refuse to perform legal and medically-safe reproductive
health procedures on any person of legal age on the ground of
lack of consent or authorization of the following persons in the
following instances:
(i) Spousal consent in case of married persons: Provided,
That in case of disagreement, the decision of the one
undergoing the procedure shall prevail; and
(ii) Parental consent or that of the person exercising
parental authority in the case of abused minors, where
the parent or the person exercising parental authority is
the respondent, accused or convicted perpetrator as
certi ed by the proper prosecutorial o ce of the court.
In the case of minors, the written consent of parents or
legal guardian or, in their absence, persons exercising
parental authority or next-of-kin shall be required only in
elective surgical procedures and in no case shall consent
be required in emergency or serious cases as de ned in
Republic Act No. 8344; and
(3) Refuse to extend quality health care services and information
on account of the person's marital status, gender, age, religious
convictions, personal circumstances, or nature of work:
Provided, That the conscientious objection of a health care
service provider based on his/her ethical or religious beliefs
shall be respected; however, the conscientious objector shall
immediately refer the person seeking such care and services to
another health care service provider within the same facility or
one which is conveniently accessible: Provided, further, That the
person is not in an emergency condition or serious case as
de ned in Republic Act No. 8344, which penalizes the refusal of
hospitals and medical clinics to administer appropriate initial
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medical treatment and support in emergency and serious
cases; CIAHaT

(b) Any public o cer, elected or appointed, speci cally charged with the
duty to implement the provisions hereof, who, personally or through a
subordinate, prohibits or restricts the delivery of legal and medically-
safe reproductive health care services, including family planning; or
forces, coerces or induces any person to use such services; or
refuses to allocate, approve or release any budget for reproductive
health care services, or to support reproductive health programs; or
shall do any act that hinders the full implementation of a reproductive
health program as mandated by this Act;
(c) Any employer who shall suggest, require, unduly in uence or cause
any applicant for employment or an employee to submit
himself/herself to sterilization, use any modern methods of family
planning, or not use such methods as a condition for employment,
continued employment, promotion or the provision of employment
bene ts. Further, pregnancy or the number of children shall not be a
ground for non-hiring or termination from employment;
(d) Any person who shall falsify a Certi cate of Compliance as required
in Section 15 of this Act; and
(e) Any pharmaceutical company, whether domestic or multinational, or
its agents or distributors, which directly or indirectly colludes with
government o cials, whether appointed or elected, in the distribution,
procurement and/or sale by the national government and LGUs of
modern family planning supplies, products and devices.
SECTION 24. Penalties. — Any violation of this Act or commission of the
foregoing prohibited acts shall be penalized by imprisonment ranging from one (1)
month to six (6) months or a ne of Ten thousand pesos (P10,000.00) to One hundred
thousand pesos (P100,000.00), or both such ne and imprisonment at the discretion of
the competent court: Provided, That, if the offender is a public o cer, elected or
appointed, he/she shall also suffer the penalty of suspension not exceeding one (1)
year or removal and forfeiture of retirement bene ts depending on the gravity of the
offense after due notice and hearing by the appropriate body or agency.
If the offender is a juridical person, the penalty shall be imposed upon the
president or any responsible o cer. An offender who is an alien shall, after service of
sentence, be deported immediately without further proceedings by the Bureau of
Immigration. If the offender is a pharmaceutical company, its agent and/or distributor,
their license or permit to operate or conduct business in the Philippines shall be
perpetually revoked, and a ne triple the amount involved in the violation shall be
imposed.
SECTION 25. Appropriations. — The amounts appropriated in the current
annual General Appropriations Act (GAA) for reproductive health and natural and
arti cial family planning and responsible parenthood under the DOH and other
concerned agencies shall be allocated and utilized for the implementation of this Act.
Such additional sums necessary to provide for the upgrading of facilities necessary to
meet BEMONC and CEMONC standards; the training and deployment of skilled health
providers; natural and arti cial family planning commodity requirements as outlined in
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Section 10, and for other reproductive health and responsible parenthood services,
shall be included in the subsequent years' general appropriations. The Gender and
Development (GAD) funds of LGUs and national agencies may be a source of funding
for the implementation of this Act.
SECTION 26. Implementing Rules and Regulations (IRR). — Within sixty (60)
days from the effectivity of this Act, the DOH Secretary or his/her designated
representative as Chairperson, the authorized representative/s of DepEd, DSWD,
Philippine Commission on Women, PHIC, Department of the Interior and Local
Government, National Economic and Development Authority, League of Provinces,
League of Cities, and League of Municipalities, together with NGOs, faith-based
organizations, people's, women's and young people's organizations, shall jointly
promulgate the rules and regulations for the effective implementation of this Act. At
least four (4) members of the IRR drafting committee, to be selected by the DOH
Secretary, shall come from NGOs.
SECTION 27. Interpretation Clause. — This Act shall be liberally construed to
ensure the provision, delivery and access to reproductive health care services, and to
promote, protect and fulfill women's reproductive health and rights. THCASc

SECTION 28. Separability Clause. — If any part or provision of this Act is held
invalid or unconstitutional, the other provisions not affected thereby shall remain in
force and effect.
SECTION 29. Repealing Clause. — Except for prevailing laws against abortion,
any law, presidential decree or issuance, executive order, letter of instruction,
administrative order, rule or regulation contrary to or is inconsistent with the provisions
of this Act including Republic Act No. 7392, otherwise known as the Midwifery Act, is
hereby repealed, modified or amended accordingly.
SECTION 30. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.
Approved: December 21, 2012.

Published in The Philippine Star on January 2, 2013.

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