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1. [ REPUBLIC ACT NO. 10354 ]
AN ACT PROVIDING FOR A NATIONAL POLICY ON RESPONSIBLE
PARENTHOOD AND REPRODUCTIVE HEALTH
Be it enacted by the Senate and House of Representativ es of the Philippines in Congress assembled:
SECTION 1 . Title. – This Act shallbe known as “The Responsible Parenthood and ReproductiveHealth Act of 201 2″.
SEC. 2. Declaration of Policy. – TheState recognizes and guarantees the human rights of all persons including their
right toequality and nondiscrimination of these rights,the right to sustainable human dev elopment, the right to
health which includes reproductive health,the right toeducation andinformation,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 tothe declaration of State policies under Section 12,Article IIof the 1 987 Philippine Constitution, it is the
duty of the State toprotect and strengthen the family as a basicautonomous socia linstitution and equally protect the
life of the mother andthelife of the unborn from conception.TheState shallprotect and promote the right to health
of women especially mothers in particular and of the people in general and instillhealth consciousness among them.
The family is the naturaland fundamentalunit of society. The State shall likewise protect and adv ance the right of
families in particular and thepeople in generaltoa balanced and healthfulenvironment in accord with the rhy thm
and harmony of nature.TheState alsorecognizes and guarantees the promotion and equal protection of the welfare
and rights of children, the y outh, and the unborn.
Moreov er, the State recognizes and guarantees the promotion of gender equality , gender equity , wom en
empowerment and dignity as a health and human rights concern and as a social responsibility.The advancement and
protection of women’s human rights shallbe centraltothe efforts of the State to address reproductiv e health care.
The State recognizes marriageas 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 conv ictions a nd the demands of
responsible parenthood;
(b) The right of children toassistance,including proper care and nutrition, and special protection from all forms of
neglect, abuse, cruelty , exploitation, and other conditions prejudicial to their dev elopment;
(c) The right of the family to a family liv ing wage and income; and
(d) The right of families or family associations to participate in the planning and implementation of policies and
programs
The State likewise guarantees universalaccess tomedically-safe, non-abortifacient, effectiv e, legal, affordable, and
quality reproductive health care services, methods, dev ices, supplies which do not prev ent the implantation of a
fertilized ov umas determined by the Food and Drug Administration (FDA) and relevant information and education
thereon according tothepriority needs of women,children and other underpriv ileged sectors, giv ing preferential
access tothose identified through theNationalHousehold Targeting System for Pov erty Reduction (NHTS-PR) and
other government measures of identifying marginalization, who shall be v oluntary beneficiaries of reproductiv e
health care, serv ices and supplies for free. ■ •
The State shall eradicate discriminatory practices, laws and policies that infringe on a person’s exercise of
reproductiv e health rights.
The State shallalsopromote openness tolife; Provided,That parents bring forth to the world only those children
whom they can raise in a truly humane way .
SEC. 3. Guiding Principles for Implementation. – This Act declares the following as guiding principles:
(a) The right tomake freeand informed decisions, which is central tothe 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;
2. (b) Respect for protection and fulfillment of reproductive health and rights which seek to promote the rights and
welfare of ev ery person particularly couples, adult indiv iduals, women and adolescents;
(c) Since human resource is among theprincipalassets of the country, effective and quality reproductive health care
serv ices must be given primacy toensure 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 t o promote the right to health,
responsible parenthood, social justice and full human dev elopment;
(d) The provision of ethicalandmedically safe,legal,accessible,affordable,non -abortifacient, effectiv e and quality
reproductive health care services and supplies is essentialin thepromotion of people’s right tohealth,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, w ithout 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 accordancewith scientificand evidence-based medicalresearch standards such as those registered and
approved by the FDA for the poor and marginalized as identified through the NHTS-PR and other gov ernment
measures of identifying marginalization: Provided, That the State shall also prov ide funding support to promote
modern naturalmethods of family planning,especially theBillings Ovulation Method, consistent with the needs of
acceptors and their religious conv ictions;
(f) The State shall promote programs that: (1) enable individuals and couples to hav e the number of children they
desire with due consideration tothe health,particularly of women,and the resources availableand affordabletothem
and in accordance with existing laws,publicmorals and their religious conv ictions: Prov ided, That no one shall be
deprived,for economic reasons, of the rights tohave children; (2) achiev e equitable allocation and utilization of
resources; (3) ensure effective partnership among national gov ernment, local gov ernment units (LGUs) and the
private sector in thedesign,implementation,coordination, integration, monitoring andevaluation of people-centered
programs toenhance the quality of life and environmental protection;(4) conduct studies to analy ze demographic
trends including demographicdividends 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 andprotection of women’s reproductive rights and health;and (5) conduct scientificstudies to determine
the safety and efficacy of alternativ e medicines and methods for reproductiv e health care dev elopment;
(g) The provision of reproductiv e health care, information and supplies giv ing priority to poor beneficiaries as
identified through theNHTS-PRand other government measures of identifying marginalization must be theprimary
responsibility of the nationalgovernment consistent with its obligation torespect, protect and promote the right to
health and the right to life;
(h) The State shall respect individuals’ preferences and choiceof family planning methods that are in accordance with
their religious convictions and culturalbeliefs,taking intoconsideration the State’s obligations under various human
rights instruments;
(i) Activeparticipation by nongovernment organizations (NGOs),women’s andpeople’s organizations, civ il society ,
faith-based organizations, the religious sector and communities is crucial to ensure that reproductiv e 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 gov ernment shall ensure that all
women needing care for post-abortive complications and all other complications arising from pregnancy , labor and
deliv ery and related issues shall be treated and counseled in a humane,nonjudgmental and compassionate manner in
accordance with law and medical ethics;
3. (k) Each family shallhave theright todetermine its idealfamily 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 shallbe nodemographic or population targets and the mitigation, promotion and/or stabilization of the
population growth rate is incidental to the adv ancement of reproductiv e health;
(m) Gender equality and women empowerment are central elements of reproductiv e healt h and population and
dev elopment;
(n) The resources of the country must be made toserve the entire population, especially the poor, and allocations
thereof must be adequate and effectiv e: Prov ided, That the life of the unborn is protected;
(o) Dev elopment is a multi-faceted process that calls for the harmonization and integration of policies, plans,
programs and projects that seek touplift 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 cy cle.
SEC. 4. Definition of Terms. – For the purpose of this Act, the following terms shall be defined as follows:
(a) Abortifacient refers toany drug or device that induces abortion or the destruction of a fetus inside the mother’s
womb or the prevention of the fertilized ovumtoreach and be implanted in the mother’s womb upon determination
of the FDA.
(b) Adolescent refers toy oung people between theages of ten (10) tonineteen (19) years who are in transition from
childhood to adulthood.
(c) Basic Emergency Obstetric andNewborn Care (BEMONC) refers tolifesaving services for emergency maternaland
newborn conditions/complications being prov ided by a health facility or professional to include the following
serv ices: administration of parenteral oxy tocic drugs, administration of dose of parenter al anticonv ulsants,
administration of parenteralantibiotics, administration of maternal steroids for preterm labor, performance of
assisted v aginaldeliveries,removalof retained placental products, and manual removal of retained placenta. It also
includes neonatalinterventions which include at the minimum: newborn resuscitation, prov ision of warmth, and
referral, blood transfusion where possible.
(d) ComprehensiveEmergency Obstetric and Newborn Care (CEMONC) refers tolifesaving serv ices for emergency
maternaland newborn conditions/complications as in Basic Emergency Obstetric and Newborn Care plus the
prov ision of surgical delivery (caesarian section) and blood bank serv ices, and other highly specialized obstetric
interventions.It alsoincludes emergency neonatalcare which includes at the minimum: newborn resuscitation,
treatment of neonatalsepsis infection,oxy gen support, and antenatal administration of (maternal) steroids for
threatened premature deliv ery .
(e) Family planning refers toa programwhich enables couples and individuals to decide freely and responsibly the
number and spacing of their children and tohave the information and means to do so, and to hav e access to a full
range of safe, affordable, effective,non-abortifacient modem natural and artificial methods of planning pregnancy .
(f) Fetal and infant death review refers toa qualitative and in-depth study of the causes of fetaland infant death with
the primary purpose of preventing future deaths through changes or additions to progr ams, plans and policies.
(g) Gender equality refers totheprinciple of equality between women and men andequalrights toenjoy conditions in
realizing their full human potentials tocontributeto, and benefit from, the results of dev elopment, with the St ate
recognizing that allhuman beings are free and equalin dignity and rights. It entails equality in opportunities, in the
allocation of resources or benefits, or in access to serv ices in furtherance of the rights to health and sustainable
human dev elopment among others, without discrimination.
4. Arguments contra and pro RH bill
While the Reproductive Health (RH) bill failed to make the hurdle during previous session of the 14th
Congress, it seems to be making some headway in the current session owing to a more favorable
disposition of the new national leadership. Still, public debate remains heated. It’s time to take stock of
the arguments contra and pro RH (or Responsible Parenthood) bill.
Those opposed to the bill assert that the Philippines does not have a population problem and that the
focus of public policy should instead be on the corruption problem. They argue that a large population
resulting from rapid population growth is, in fact, good for the economy. They add that attempts to slow
population growth are ill-advised as they would only hasten the onset of the “demographic winter” or the
problem of ageing currently experienced by the advanced countries in Europe. Moreover, the Catholic
Church hierarchy and conservative religious groups assert that the RH bill is pro-abortion and is thus anti-
life. This is because, in their view, modern contraceptives — which the RH bill proposes to make available
along with the traditional methods (including “natural family planning”) — are abortifacient.
Those in favor of the bill cite the conventional argument that slower population growth facilitates
economic growth, poverty reduction, and preservation of the environment, as clearly shown by the
experience of the other East and Southeast Asian countries. Economic growth is facilitated by higher
private and public savings — owing to slower growth of the youth dependents — required for investment
in human capital (i.e., spending on education and health per person) and infrastructure. Slower population
growth combined with faster economic growth leads to significant poverty reduction, human development,
and lower inequality. And slower population growth lessens the stress on the environment.
Furthermore, the pro-RH bill advocates invoke household survey data showing that women — poor
women in particular — are having more children than they want and can adequately provide for. Poor
women are unable to achieve their desired number of children due to lack of access to affordable modern
and effective family planning methods. Unintended or mistimed pregnancies result in most of about
560,000 induced and illegal abortions annually, such that improved access to modern and effective
contraceptive methods could substantially reduce such illegal abortions. This implies that, contrary to the
claim of those who oppose the RH bill, it is in fact anti-abortion and is pro-life. Indeed, the bill expressly
prohibits abortion.
The argument of those who oppose the bill that there is no population problem is borne out neither by
serious empirical research nor by public opinion surveys. While rapid population growth may not be
considered the main cause of the country’s economic backwardness, it is among the major factors
contributing to the problem. True, corruption is probably the country’s primordial challenge but it cannot
be the sole focus of the country’s development effort. Corruption in varying degrees has also plagued
many of our Asian neighbors but they have managed to achieve economic dynamism nonetheless, with
sound population policy complementing reasonable economic policies.
Moreover, the argument that a large population resulting from rapid growth is good for the economy is
starklycontra factum (i.e., without factual basis). If, indeed, that were true, the Philippines, whose
5. population (along with Nepal’s and Pakistan’s) has been growing the fastest in Asia should have the most
prosperous economy and with minimal poverty. Alas, these three countries are the region’s spectacularly
laggard economies.
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The fear of a “demographic winter” seems highly exaggerated. Simple demographic analysis would show
that, if the average number of children per woman (currently 3.3 children) drops to the replacement level
of 2.1 (expected to occur by 2035-2040), it would take another 60 years or so before Philippine population
ceases to grow, by which time population could total about 178 million under a “business as usual
scenario.” To illustrate, while South Korea, China and Thailand had reached the 2.1 fertility replacement
level prior to or in the 1990s, they continue to grow owing to “demographic momentum” (i.e., large
numbers of couples entering or already in their reproductive ages). And, certainly, these countries will
have the resources and be better prepared to deal with problems associated with ageing.
The assertion that the RH bill is pro-abortion and anti-life is an opinion that cannot be imposed as dogma.
In fact, there is no unanimity — not even among theologians — on the question of when life does begin.
The official view of the World Health Organization is that pregnancy starts after, not before, the fertilized
ovum settles down in the uterus to become viable. Contraceptives, by definition, prevent ovulation,
fertilization or implantation in the uterus. Hence, they cannot be regarded categorically as abortifacient or
anti-life. (See the very recent Medical Experts’ Declaration on Contraceptives.)
So, what’s the score on the RH debate? It appears that the arguments contra are largely assertions
based on ideology rather than on empirical research. Gratis asseritur, gratis negatur (“What is freely
asserted can be freely denied”). By contrast, the arguments pro appear anchored on empirical studies
and further consistently supported by inter-temporal public opinion surveys.
The population issue is long dead and buried in developed and most developing countries, including
historically Catholic countries. If the government abides by the age-old dictum Salus populi suprema
lex(“The welfare of the people is the supreme law”), it cannot continue to play blind to the merits of the
RH bill just to accommodate the demands of the conservative religious groups. Such an accommodation
largely explains why the bill continues to be debated and hang in the balance in Congress.
The passage or non-passage of the bill will significantly affect people’s lives one way or the other. Based
on reliable public opinion surveys, it will matter to people how their elected representatives vote on the
bill, as it seems to have mattered to the outcome of the 2010 elections.