Republic Act
Republic Act
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Republic act 10354
“The Responsible Parenthood and Reproductive
Health Act of 2012”.
HISTORY
This act was published last December 21, 2012. Back in 2012, 30 economists from
the University of the Philippines affirmed the role of the RH bill in population
growth and consequently in poverty reduction. President Benigno S. Aquino III
signed the RH Law in December 2012, which was immediately challenged in court
by various conservative Catholic groups. It is ONE of the landmark legislation
approved into law by the late President Benigno "Noynoy" Aquino III.
Abortifacient - 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. Definition
Adolescent - young people between the ages of ten (10) to
nineteen (19) years who are in transition from childhood to
adulthood.
of terms
Basic Emergency Obstetric and Newborn Care
(BEMONC) - 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.
Newborn Care (CEMONC) - lifesaving services for
emergency maternal and newborn
conditions/complications as in Basic Emergency Obstetric
and Newborn Care plus the provision of surgical delivery Definition
of terms
(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.
Family planning - 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 modem natural and
artificial methods of planning pregnancy.
Fetal and infant death review - 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.
Gender equality - the principle of equality between women
and men and equal rights to enjoy conditions in realizing
their full human potentials to contribute to, and benefit
from, the results of development, with the State
Definition
recognizing that all human beings are free and equal in
dignity and rights. It entails equality in opportunities, in the
allocation of resources or benefits, or in access to services
of terms
in furtherance of the rights to health and sustainable
human development among others, without discrimination.
Gender equity - the policies, instruments, programs and
actions that address the disadvantaged position of women
in society by providing preferential treatment and
affirmative action. It entails fairness and justice in the
distribution of benefits and responsibilities between
women and men, and often requires women-specific
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.
Male responsibility - 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.
Definition
Maternal death review - a qualitative and in-depth study
of the causes of maternal death with the primary purpose
of terms
of preventing future deaths through changes or additions
to programs, plans and policies.
Maternal health - the health of a woman of reproductive
age including, but not limited to, during pregnancy,
childbirth and the postpartum period.
Modern methods of family planning- safe, effective, non-
abortifacient and legal methods, whether natural or
artificial, that are registered with the FDA, to plan
pregnancy.
Natural family planning- a variety of methods used to plan
or prevent pregnancy based on identifying the woman’s
fertile days.
Public health care service provider refers to:
This Act shall be known as "The Responsible Parenthood and Reproductive Health
Act of 2012″.
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.
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
SECTION 3.
(b) Respect for protection and fulfillment of reproductive health and rights which seek to promote
the rights and welfare of every person particularly couples, adult individuals, women and
adolescents;
(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 scientific and
evidence-based medical research standards such as those registered and approved by the
FDA for the poor and marginalized as identified 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, 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 scientific studies to determine the safety
and efficacy of alternative medicines and methods for reproductive health care development;
(g) The provision of reproductive health care, information and supplies giving priority to poor beneficiaries as
identified 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;
(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 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.
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.
SECTION 6.
Health Care Facilities. – Each LGU, upon its determination of the necessity based on
well-supported data provided by its local health office shall endeavor to establish or
upgrade hospitals and facilities with adequate and qualified 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.
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 immediately refer the
person seeking such care and services to another health facility which is conveniently accessible:
Provided, finally, 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
artificial: 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 certification from the FDA that said product and supply
is made available on the condition that it is not to be used as an abortifacient.
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 offices
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.
SECTION 11.
Integration of Responsible Parenthood and Family Planning Components in Anti-
Poverty Programs. - A multifaceted approach must be adopted when implementing
policies and programs to combat poverty. Toward this end, the DOH needs to provide
programs, such as prioritizing full access for poor and marginalized women, technical
assistance, including capacity building and monitoring.
SECTION 12.
Mobile Health Care Service. - MHCS must provide health supplies and services to its
members, especially the poor and disadvantaged, and disseminate knowledge and
information about reproductive health. MCHS can be a form of transportation
according to its terrain, taking into account the health needs of each LGU.
SECTION 14.
Age and Development Appropriate Reproductive Health Education. - Age and
Development Appropriate Reproductive Health Education including 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 should be taught by appropriately trained teachers both in formal and
non-formal educational systems.
SECTION 15.
Certificate of Compliance. - A marriage license cannot be issued unless it is
presented by the applicant. The local registrar will provide a certificate of compliance
issued free of charge by the local family planning office certifying that the applicant
has properly received appropriate instructions and information regarding responsible
parenting, family planning, breastfeeding, and infant feeding.
SECTION 16.
Capacity Building of Barangay Health Workers (BHWs). - The Department of Health
(DOH) is tasked with disseminating information and training local government units
(LGUs) on reproductive health promotion. LGUs, with DOH's technical assistance, will
train BHWs and barangay volunteers on reproductive health. The DOH will provide
necessary medical supplies and equipment for BHWs' effective functioning. The
national government will provide additional funding and assistance for the
implementation of this provision.
SECTION 17.
Pro Bono Services for Indigent Women. - Private and non-government reproductive
healthcare providers, including gynecologists and obstetricians, are encouraged to
provide at least 48 hours of reproductive health services annually to indigent and low-
income patients, including pregnant adolescents, as identified through the NHTS-PR
and other government measures of marginalization. These pro bono services must be
included 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;
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 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 proficiencies 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 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.
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 Department of Health (DOH) and Local Government Units
(LGUs) are set to launch a nationwide multimedia campaign to raise public awareness
about reproductive health and rights, including maternal health, family planning,
adolescent and youth reproductive health, and guidance and counseling. Regular
reviews of these materials are expected to ensure their effectiveness and relevance.
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 definitive 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.
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 five (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 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.
SECTION 22.
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 five (5) years from its effectivity. The COC shall
perform such other duties and functions as may be necessary to attain the objectives
of tins 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;
SECTION 23.
(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
SECTION 23.
(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 certified by the proper prosecutorial
office 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 defined in Republic Act No. 8344; and
SECTION 23.
(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 defined in Republic Act No. 8344, which penalizes the
refusal of hospitals and medical clinics to administer appropriate initial medical
treatment and support in emergency and serious cases;
SECTION 23.
(b) Any public officer, elected or appointed, specifically 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;
SECTION 23.
(c) Any employer who shall suggest, require, unduly influence 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
benefits. 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 Certificate of Compliance as required in Section 15
of this Act; and
SECTION 23.
1. In section 22, what is the job of the COC and the esophagus
work together and create a happy na birthday mo pa song like
Mommy Oni from Ranz and Niana relationship?
end.
Chapter closed. I hope this
finally helps all of us move
forward. I won’t be entertaining
questions regarding this
anymore. Thank you for
understanding. 🙏🏼