Module 4-The Reproductive Health Law

C.I.
10 Name___________________________________ Score ____________ 3rd Q

MODULE The Reproductive Health Law
4
The Responsible Parenthood and Reproductive Health Law, also known as RH Law, is a result of a long and tedious process
which can be traced back to 1999 with House Bill No. 8110, “An Act of Establishing an Integrated Population and Development
Policy Strengthening Its Implementing Structures and Appropriating Funds.”
Former President Benigno Aquino III signed the bill into law on December 21, 2012, making it Republic Act No. 10354. This
was after the House of Representatives voted on it with 133-79 in favor of House Bill No. 4224, “An Act Providing for a
Comprehensive Policy on Responsible Parenthood, Reproductive Health, and Population and Development, and for Other Purposes.”
The bill was then elevated to the House of Senate, where it was debated and voted on by the lawmakers. On December 17, 2012, the
judges of the Supreme Court voted on the passage of the bill, with 13-8 in favor of the RH Law.
After it was signed, the RH Law was not implemented due to petitions filed in the Supreme Court. The Supreme Court
officially declared in April 8, 2014 that the RH Law is not unconstitutional, therefore giving the full signal for its implementation in
both local and national level.
Rationale
The Rh Law aims to empower Filipino citizen, especially the women and youth, through informed choice and appropriate
education in natural and modern family planning methods. It mandates age-appropriate sex education in consultation with the
Department of Education. The law also aims to provide information, facilities, and services for the poor, especially those in the rural
and impoverished areas of the country, by safeguarding stable and sustainable reproductive health programs.
Delivery of Reproductive Health Services
The RH Law outlines the following measures, all aimed at improving the delivery of RH services and information to the
people:
1. The state shall provide additional and necessary funding and other necessary assistance for the hiring and adequate number
of nurses, midwives, and other skilled health professionals for maternal health care and skilled birth attendance.
This provision aims to achieve an ideal skilled health professional-to-patient ratio and provide the same level of access
to health care to people in geographically isolated or highly populated and depressed areas (Sec. 5, RA 10354).
2. The State shall provide additional funding and other necessary assistance for the effective establishment and upgrading of
hospitals and facilities complete with adequate and qualified personnel, equipment, and supplies, and able to provide
emergency obstetric and new-born care.
This provision gives utmost importance to delivery of services to geographically isolated or highly populated and
depressed areas. (Sec. 6, RA 10354).
3. There shall be a program for the procurement and distribution of family planning supplies, which will be coupled with a
monitoring system to define the current levels and projection of: (Sec. 10, RA 10354).
a. The 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
c. Cost of family planning supplies
4. Prime importance will be afforded to the training of Barangay Health Workers (BHW) and other barangay volunteers on the
promotion of reproductive health.
The State will ensure the provision of additional and necessary funding and other necessary assistance for the effective
implementation of this provision, including the provision of medical supplies and equipment needed by BHWs in performing
their functions and possible provision of additional honoraria for BHW (Sec. 16, RA 10354).
Implementation of the RH Law
The Department of Health will be the lead government agency to implement the law in the national level. Specifically the DOH
will:
 Strengthen the capacities of health regulatory agencies to ensure safe, high-quality, accessible, and affordable RH services and
commodities with the concurrent strengthening and enforcement of regulatory mandates and mechanisms.
 Facilitate the involvement and participation of NGOs and the private sector in RH 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.
 Engage the services, skills, and proficiencies of experts in natural family planning who shall provide the necessary training for
all BHWs.
 Supervise and provide assistance to LGUs in the delivery of RH care services and in the purchase of family planning goods
and supplies.
 Furnish LGUs, through their respective local health offices, appropriate information and resources to keep the latter updated
on current studies and researches relating to family planning, responsible parenthood, breastfeeding, and infant nutrition.
These functions will be performed by the DOH in coordination with the Philippine Health Insurance Company as may be applicable.
The DOH shall also be in charge of initiating and sustaining a heightened nationwide multimedia campaign to raise the level of public
awareness on the protection and promotion of reproductive health and rights (Sec. 20, RA 10354). The Food and Drug Administration
(FDA), for their part, is to issue strict guidelines with respect to the use of contraceptives.
In the local level, LGUs are in charge of guaranteeing that the RH Law will be implemented and serve its purpose. The LGUs
are mandated to:
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1. Establish or upgrade hospitals and facilities with adequate and qualified personnel and facilities, and provide emergency
obstetric and new-born care (Sec. 6, RA 10354).
2. Manage an annual Maternal Death Review and Fetal and Infant Death Review based on the guidelines set by the DOH
(Sec. 8, RA 10354).
3. Ensure that an ideal skilled health professional-to-patient ration is achieved by hiring an adequate number of professional
health care workers to attend to maternal health care and skilled birth attendance (Sec. 5, RA 10354).
4. With technical assistance of the DOH, the LGUs shall be responsible for the training of BHWs and other barangay volunteers
on the promotion of reproductive health (Sec. 16, RA 10354).
5. Provide each provincial, city, municipal, and district hospitals with a Mobile Health Care Service (MHCS) in the form of a
van or other means of transportation appropriate to its terrain (Sec. 13, RA 10354)
6. Together with the DOH, 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 (Sec. 20, RA 10354).
RA 10354 lists the following as prohibited acts (Sec. 23, RA 10354):
a. For any health care service provider to knowingly withhold information or restrict the dissemination of, and/or intentionally
provide incorrect information regarding, programs and services on RH including the right to informed choice and access to a
full range of legal, medically-safe, non-abortifacient and effective FP methods;
b. For any health care service provider to 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;
c. For any health care service provider to refuse to perform legal and medically-safe RH procedures on any person of legal age
on the ground of lack of consent or authorization of spouse, as in the case of married persons, and parents or guardians, as in
the case of minors;
d. For any public officer, elected or appointed, mandated to implement the provisions of RA 10354 to prohibit or restrict the
delivery of legal and medically-safe RH care services, including FP; to force, coerce or induce any person to use such
services; to refuse to allocate, approve or release any budget for RH care services;
e. For any employer to suggest, require, unduly influence or cause any applicant for employment or an employee to submit
himself/herself to sterilization, use any modern methods of FP, or not use such methods as a condition for employment,
continued employment, promotion or the provision of employment benefits, or consider pregnancy or the number of children
as a ground for non-hiring or termination from employment;
f. For any person to falsify a Certificate of Compliance to acquire a marriage license from the Local Civil Registrar; and
g. For ay pharmaceutical company or its agents or distributors, whether domestic or multinational, to directly or indirectly
collude with government officials, whether appointed or elected, in the distribution, procurement and/or sale by the national
government and LGUs of modern FP supplies, products and devices.
h. RA 10354 also specifies that any violation or commission of the prohibited acts shall be penalized by imprisonment ranging
from one (1) month to six (6) months or a fine of ten thousand pesos (P10,000) to one hundred thousand pesos (P100,000), or
both fine and imprisonment at the discretion of the competent court. If the offender is a public officer, whether elected or
appointed, such person shall also be suspended for a period not exceeding one (1) year or removal and forfeiture of retirement
benefits depending on the gravity of the offense after due notice and hearing by the appropriate body or agency. (Sec. 24, RA
10354).
FT1. Write T if the statement is a fact and F, if not.
___1. The State shall respect individuals’ preferences and choice of family planning methods.
___2. Each family shall have no right to determine its ideal family size for it is in the RH Law.
___3. Maternity refers to the health of a woman of reproductive age including, but not limited to, during pregnancy, childbirth and
the postpartum period.
___4. The barangays shall endeavour to hire an adequate number of nurses, midwives and other skilled health professionals for
maternal health care.
___5. All accredited public health facilities shall provide a full range of modern family planning methods.
___6. The WHO shall procure, distribute to LGUs and monitor the usage of family planning supplies for the whole country.
___7. 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.
___8. The right of the family to a family living wage and income is one of the rights found in RA 10354.
___9. The provision of reproductive health care, information and supplies giving priority to poor beneficiaries only.
___10. Gender equality and women empowerment are central elements of reproductive health and population and development.
FT2. Answer the given questions briefly in another sheet of paper so as with FT3.
1. Is RH Law needed in our country? Why? Why not? Justify your answer.
2. What are the advantages and disadvantages of RH Law?
3. Why do you think opposes the RH Law?
4. How will the RH Law be implemented by the different government agencies?
FT3. Search and read the RA 10354, and answer the following questions.
1. Is the RH Bill rejected by all major Philippine religious groups?
2. Have other countries benefited from a comprehensive family planning and reproductive health program?
3. Can the RH Bill cause an immediate demographic winter, crippling Philippine growth?
4. Is there a connection between population size and poverty?
5. Will sex education and contraceptive use increase the spread of STDs?
END

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C.I.

10 Name_______________________ Score 3rd Q

C.I. page 2 of 2 3rd Q

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