Republic of the
Philippines
HOUSE OF
REPRESENTATIVES
Quezon City, Metro
Manila
THIRTEENTH CONGRESS
FIRST REGULAR SESSION
House Bill No. 16
Introduced by the
HONORABLE EDCEL C. LAGMAN
EXPLANATORY NOTE
Two of the overriding problems
that bedevil the Philippines are an inordinately enormous debt service and an
extremely huge population.
This bill addresses the second
problem on an uncontained population escalation that aggravates the debt
menace, hampers delivery of reproductive health care services and
derails sustainable human
development.
The present population of the
country of 82.6 million has galloped from 60.7 million 14 years ago. This makes
the Philippines the 12th most populous nation in the world today. The
population growth rate is 2.36°A) and is among the highest in the world. The
Filipino women's fertility rate of 3.7% is at the upper bracket of 206
countries. With four babies born every minute, the population is expected to
balloon to an alarming 160 million in 2038.
Due to overpopulation, the
current budget for education of P98 billion translates to a ratio of only
P21.71 daily per student/pupil In elementary and high school or P4,558.00 per
student/pupil nationwide on an annualised basis for a 10-month school year.
This education outlay pales in
comparison with tl1e appropriation for education of our Asian neighbors. Our
government's appropriation for education is only 1/11th of that of Singapore;
l/5th of that of Malaysia and only l/8th of Thailand's allocation for basic
education.
This meager budget for education,
which is further diminished to no small measure by our exceedingly large
student population of 21.5 million in both public and private elementary and
high schools, results in the current shortages of 40,000 classrooms and 50,000
teachers in public schools alone. The current textbook to student ratio is 1:2
at best with reports of a grim 1:4 in far-f1ung schools. This is far from the
ideal of 1:1. The teacher-student ratio in public schools goes as high as 1: 80
when the ideal ratio to maximize effective learning is 1:36.
These stark statistics do not
even include the public sector outlay for tertiary education which, although
sizeable, is stilt far from adequate.
Indeed, due to the inordinate
number of enrolees, quality education remains a cherished dream and an
unrealisable commitment.
The same is true with respect to the health budget of
P10.723 billion for the current fiscal year. This amounts to a miniscule P0.35
per capita daily. This is scandalously low compared to the daily per capita
outlay for health care services of our Asian neighbors: Japan, P343.94;
Singapore, P103.96; Thailand, P17.17; Malaysia and Indonesia, P12.41.
A huge
population is an albatross on limited resources which when spread out too
thinly to "reach" the multitude becomes grossly inadequate and
effectively meaningless. The number of Filipinos living below the poverty line
has reached 40% of the total population. Compare this to poverty statistics of
other Asian countries: Taiwan (1.0%), Malaysia (8.0%), Thailand (12%) and
Indonesia (27%), and the country's poverty is indeed abysmal.
The Internationally accepted Indicators of well-being
like access to potable water, sanitary toilets and meaningful employment rank
the Philippines way below the ladder of development. The data show that 21.5%
or 17.7 million Filipinos have no potable water; 19.15% or 15.8 million have no
access to sanitary toilet facilities; 13.7% or 5 million are currently
unemployed and 18.75 or 6.8 million are unemployed and 18.75 or 6.8 million are
underemployed.
The state of health of a nation's children Is often
indicative of the kind of society in which they live. Filipino children (0.18
years) comprise 45% of the entire population and the statistics culled on their
state of health and well-being is bone-chilling. Consider the following:
- The
Food and Nutrition Research Institute has estimated that 3.7 million
preschool children are underweight (acute or present malnutrition), 3.8
million are stunted (growth failure) and 0.7 million are wasted (enfeebled
state);
- 49% of
the total population of infants and 26% of the total population of
children with ages ranging from 1-6 years old suffer from iron-deficiency
anemia;
- There
are about five million child laborers and more than 1.5 million street
children in the country; and
- There
are 60,000 prostituted children and their numbers increase by 3,266
annually making the Philippines the fourth country with the most number of
prostituted children.
The following statistics specifically on reproductive
health In the Philippines are similarly ominous:
- An
Infant mortality rate of 36 for every 1,000 live births;
- Maternal
mortality rate of 172 for every 100,000 live births;
- 10
women die every 24 hours from causes related to pregnancy and childbirth;
- Out of
every 100 children who die before reaching the age of five, 38 deaths are
due to curable diseases; and
- Approximately 2.80,000 teenaged
girls every year end up becoming mothers before they reach the age of 20.
According to studies conducted by the National
Statistics Office, the current national contraceptive unmet need of poor women
is 26.4% and for non-poor, the rate is 17.0%. The level and scope of unmet need
in the country is clearly indicated by the high levels of unplanned births
(18.2% in 1998) due to lack of access to family planning services (National
Demographic and Health Survey 2000). The difference between actual total
fertility rate of 3.7 children versus the real number of desired children which
is 2.7 also validates the unmet need for family planning assistance (National
Demographic and Health Survey 2000).
These dismal statistics are due to the lack of access
to adequate information on reproductive health and regular and timely
dispensation of reproductive health care services.
In a survey conducted by Pulse Asia in February 2004,
97% of the respondents believed that is was important to have the freedom to
decide the size of one’s family and another 71% regarded a fast-growing
population as a hindrance to economic development.
Moreover,
82°/0 believed that candidates for elective positions who supported the “free
use of couples as to family planning methods” should be elected.
While majority of women of reproductive age are
receptive to the use of safe contraceptive methods, techniques and devices,
family planning services and supplies are lamentably inaccessible. This results
in the prevalence of Induced abortions which the UP Population Institute
estimates to be dose to 400,000 annually. It is estimated that 100,000 women
each year are hospitalized because of serious post-abortion complications.
This bill continues to proscribe abortion which is a
crime under the Revised Penal Code. However, when abortion is resorted to,
despite the prohibition, there is a need to manage post-abortion complications
in a humane and compassionate manner. The patient should not be suffered to die
due to her desperation.
As a preventive measure against abortion this bill
provides for timely, complete and accurate information and education on
reproductive health as well as ready access to safe, adequate and affordable
reproductive health care services. Thus, it guarantees freedom of choice of
individuals and couples on the number and spacing of their children, even as
this bill considers two (2) children as the ideal family size.
An effective reproductive health education does not
only instill consciousness of freedom of choice but responsible exercise of
one's rights. According to the United Nations Population Fund: "It has
been repeatedly shown that reproductive health education leads to responsible
behavior, higher levels of abstinence, later initiation of sexuality, higher
use of contraception, and fewer sexual partners. These good effects are even
greater when parents can talk honestly with their children about sexual and
reproductive matters."
It is imperative that reproductive health and
sexuality education should start early among the young people. It has to be
initiated by parents and adult members of the family who are considered role
models by their children.
Reproductive health and sexuality education at home
should be sustained and complemented by formal education in schools.
Reproductive health and sexuality education seeks to
assist young people in understanding a positive view of the reproductive system
and human sexuality, provide them with information and skills about taking care
of their reproductive and sexual health, and help them make sound decisions now
and in the future.
Comprehensive reproductive health and sexuality
education programs have four main goals:
- To
provide complete, accurate and relevant information on the reproductive
system and Its functions and processes and human sexuality;
- To
provide an opportunity for young people to develop and understand their
values, attitudes, and beliefs about sexuality;
- To
help young people develop relationships and interpersonal skills; and
- To
help young people exercise responsibility regarding sexual relationships,
including addressing abstinence, pressures to engage prematurely involved
in sexual Intercourse, and the use of contraception and other sexual
health measures
“Research Findings on Programs to Reduce Teen
pregnancy”, a report released by The National Campaign to Prevent Teen Pregnancy in 2001, concluded that:
- Sexuality
and HIV education do not hasten sexual activity;
- Education
about abstinence and contraception are compatible rather than in conflict
with each other; and
- Making
condoms available does not increase sexual behavior
The tragic scenario cited above is principally rooted
in overpopulation and the lack of an integrated national policy on reproductive
health in connection with population management and sustainable human
development. This bill addresses these urgent concerns.
Verily, passage of this bill is earnestly sought.
(signed)
EDCEL C. LAGMAN
Republic of the
Philippines
HOUSE OF
REPRESENTATIVES
Quezon City, Metro
Manila
THIRTEENTH CONGRESS
FIRST REGULAR SESSION
House Bill No. 16
Introduced by the
HONORABLE EDCEL C. LAGMAN
AN ACT CREATING A REPRODUCTIVE HEALTH AND
POPULATION MANAGEMENT COUNCIL FOR THE IMPLEMENTATION OF AN INTEGRATED POLICY ON
REPRODUCTIVE HEALTH RELATIVE TO SUSTAINABLE HUMAN DEVELOPMENT AND POPULATION
MANAGEMENT, AND FOR OTHER PURPOSES
Be it enacted by the Senate and the
House of Representatives of the Philippines in Congress assembled:
SECTION 1, Short Title. This Act shall be known as the
"Reproductive Health Act of 2004”.
SEC. 2. Declaration of Policy. -The State shall adopt
an integrated and comprehensive policy on reproductive health in connection
with sustainable human development and effective population management that
values the dignity of every human person and affords full protection to
people's rights.
The State shall uphold the right of the people and
their organizations to effective and reasonable participation in the
formulation and implementation of the declared policy as its direct and
ultimate beneficiaries.
The State
likewise guarantees universal access to safe, affordable and quality
reproductive health care services, methods and devices even as it prioritizes
the needs of women and children, among other underprivileged sectors.
SEC. 3.
Guiding Principles. - This Act declares the following as basic guiding
principles
a. Since
manpower is the principal asset of every country, effective reproductive health
care services must be given primacy to ensure the birth of healthy children and
to promote responsible parenting.
b. The limited resources of the country cannot be
suffered to be spread so thinly to service a burgeoning multitude that makes
the allocations grossly inadequate and effectively meaningless.
c. Freedom of choice, which is central to the exercise
of any right, must be fully guaranteed by the State like the right itself.
d. While the number and spacing of children are left
to the sound judgment of parents and couples based on their personal conviction
and religious beliefs, such concerned parents and couples, including unmarried
individuals, should be afforded free and full access to relevant, adequate and
enlightening information on reproductive health and human sexuality and should
be guided by qualified State workers and professional private practitioners.
e. Reproductive health must be the joint concern of
tile National Government and Local Government Units.
f. Protection and promotion of gender equality and
women's rights are essential to the fulfillment of reproductive health rights.
g. Development is a multi-faceted process that calls
for the coordination and Integration of policies, plans, programs and projects
that seek to uplift the quality of life of the people, more particularly the
poor f the needy and the marginalized.
h. Active participation by and thorough consultation
with concerned nongovernment groups, communities and people's organizations are
imperative to ensure that basic policies, plans, programs and projects address
the priority needs of beneficiaries.
l. Respect for, protection and fulfillment of
reproductive health rights seek to promote not only the rights and welfare of
adult Individuals and couples but those of adolescents' and children's as well.
j. While the full range of family planning methods,
techniques and devices shall be made available to couples and adults of
reproductive age, abortion shall remain to be penalized under the Revised Penal
Code and relevant jurisprudence.
SEC. 4. Definition of Terms. - For purposes of this
Act, the fo11owing terms shall be defined as follows:
a. Reproductive health -the state of complete
physical, mental and social well-being and not merely the ab5ence of disease or
infirmity in all matters relating to the reproductive system and its functions
and processes.
b. Reproductive health rights - the rights of
Individuals and. couples, subject to applicable laws, to decide freely and
responsibly the number, spacing, and timing of their children; to make other
decisions concerning reproduction free of discrimination, coercion and
violence; to have the information and means to carry out their decisions; and
to attain the highest standard of sexual and reproductive health.
c. Gender equality – the absence of discrimination on
the basis of a person’s sex, in opportunities, allocation of resources and
benefits, and access to services.
d. Gender equity - fairness and justice in the
distribution of benefits and responsibilities between women and men and often
requires women-specific projects and programs to eliminate existing
inequalities, Inequities, policies and practices unfavorable to women.
e. Reproductive Health Care -availability and access
to a full range of methods, techniques and services that contribute to
reproductive and sexual health and well-being by preventing and solving
reproductive health-related problems in order to achieve enhancement, of life
and personal relations. The elements of reproductive health care include:
- Maternal,
infant and child health and nutrition;
- Family
planning information and services;
- Prevention
of abortion and management of post abortion complications;
- Adolescent
and youth health;
- Prevention
and management of reproductive tract infections (RTIs), HIV/AIDS and other
sexually transmittable infections (STIs);
- Elimination
of violence against women;
- Education
and counselir1g on sexuality and sexual and reproductive health;
- Treatment
of breast: and reproductive tract cancers and other gynecological
conditions;
- Male
involvement and participation in reproductive health;
- Prevention
and treatment of infertility and sexual dysfunction;
f. Responsible parenting -the will and the ability to
respond to the needs and aspirations of the family and children.
g. 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 carry out their
decisions, and to have informed choice and access to a full range of safe and
effective family planning methods, techniques and devices, excluding abortion
which is a crime;
h. Adolescent sexuality - refers to the reproductive
system, gender identity, values or beliefs, emotions, relationships and sexual
behavior of young people as social beings. Adolescence to a life stage and
pertains to people between the ages of ten (10) and nineteen (19).
i. Reproductive health and
sexuality education -is the process of acquiring complete, accurate and
relevant information in all matters relating to the reproductive system, its
functions and processes and human sexuality; and forming attitudes and beliefs
about sex, sexual identity, interpersonal relationships, affection, intimacy
and gender roles. It also Includes developing the necessary skills to be able
to distinguish between facts and myths on sex and sexuality; and critically
evaluate and discuss the moral, religious, social and cultural dimensions of
related sensitive issues such as contraception and abortion.
j. Development. –is a
multi-dimensional process involving major changes in social structures, popular
attitudes, and national institutions as well as the acceleration of economic
growth, the reduction of inequality and the eradication of widespread poverty.
.
k. Sustainable human development
-the totality of the process of expanding human choices by enabling people to
enjoy long, healthy and productive lives, affording them access to resources
needed for a decent standard of living and assuring continuity and acceleration
of development under the Population Resource Environment (PRE) framework which
strikes a balancae between population, adequate resources and healthy
environment.
l. Population management - a
program that aims to: (a) encourage the limitation of the number of children to
an affordable level of two (2) children per family; (b) attain an optimum
fertility rate vis-a~vis equitable allocation and utilization of resources; (c)
realize a balanced spatial distribution of the- population by discouraging
migration to urban centers and decongesting thickly populated areas; (d)
promote the effective partnership among the national government, local
government units and the private sector in the design, implementation,
coordination, integration, monitoring and evaluation of people-centered
programs on population, development and environment; and (e) conduct studies on
and provide incentives for the deceleration of population growth.
SEC. 5. Reproductive Health and
population Management Council. Pursuant to the herein declared policy, there is
hereby constituted within thirty (30) days from the effectivity of this Act a
multi-agency body to be known as the Reproductive Health and Population
Management Council, hereinafter referred to as the Council. It shall be
composed of eighteen (18) members with the Secretary of the Department of
Health (DOH) and the Director General of the National Economic and Development
Authority (NEDA) as Co-Chairperson and the following members:
- Secretary of the Department of Social Welfare and
Development (DSWD)
- Secretary of
the Department of Education (DepEd)
- Secretary of the Department of Labor (DOLE)
- Secretary of the Department of the Interior and Local
Government (DILG)
- Executive Director of the Commission on Population
(PopCom)
- Chairperson of the National Commission on the Role of
Filipino Women (NCRFW)
- Chairperson of the National Youth Council (NYC)
- Chairperson of the Commission on Higher Education
(CHED)
- Chairperson of the Housing and Urban Development
Coordinating Council (HUDCC)
- Lead Convenor of the National Anti-Poverty Commission
(NAPC)
- Three (3) representatives from the local government
units nominated by the leagues of local government units and to be
appointed by the President
- Three (3) representatives from nongovernment
organizations: one (1) representative each from the women, youth and
health sectors who have distinguished themselves in the promotion of
reproductive health, human development and/or population management who
shall be appointed by the President from a list of nominees independently
selected by the concerned NGOs.
As much as practicable, the
Secretaries of the departments and head of agencies constituting the Council
shall attend personally the meetings of the Council. Separate staffs on
reproductive health, human development and population management in charge of
the implementation of this Act shall be constituted by the member departments
and offices within their respective agencies.
SEC. 6. Functions of the Council.
– As the central advisory, planning and formulating body of the comprehensive
and integrated policy on reproductive health relative to human development and
population management, the Council shall have the following functions:
- To integrate on a continuing basis the interrelated
reproductive health, human development and population management agenda
into a national policy, taking into account regional and local concerns.
- To provide the mechanism to ensure active and full
participation of the private sector and the citizenry through their
organizations in the planning and implementation of reproductive health
care, population and development programs and projects.
- To ensure people’s access to quality and affordable
reproductive health goods and services.
- To facilitate the involvement and participation of
nongovernment organizations and the private sector in reproductive health
care service delivery and in the production, distribution and delivery of
quality reproductive health and family planning supplies and commodities.
- To fully implement the Reproductive Health Care
Program with the following components:
- Reproductive and sexual health education including
but not limited to counselling on the full range of legal and
medically-safe family planning methods.
- Maternal, peri-natal and post-natal education, care
and services.
- Promotion of male involvement, participation and
responsibility in reproductive health as well as other reproductive
health concerns of men.
- Prevention of abortion and management of
post-abortion complications.
- Provision of Information and services addressing
the reproductive health needs of the poor, senior citizens, women in
prostitution, differently-abled persons, and women and children in war
crisis situations.
- To ensure that reproductive health services are
delivered with a full range of supplies, facilities and equipment and that
service providers are adequately trained for reproductive health care.
- To recommend the enactment of legislation and
adoption of executive measures that will strengthen and enhance the
integrated policy on reproductive health, population and development.
- To hire and appoint personnel of the Secretariat and
the Executive Director.
- To perform such other functions necessary to attain
the purposes of this Act.
SEC. 7. Secretariat, -The Council
shall organize a Secretariat as its support and technical staff to be headed by
an Executive Director, and shall determine their respective compensation,
subject to applicable civil service laws, rules and regulations with a view to
ensuring a competent and efficient secretariat: Provided, That nominees of
nongovernment organizations shall be accorded preferential employment to ensure
their active involvement and participation in all activities of the Council.
SEC. 8. Qualifications, p~~ers,
Functions and Duties of the Executive Director. -The Executive Director of the
Council shall have adequate experience in reproductive health, sustainable
human development and population management and shall have the following
powers, functions and duties:
a. Execute,
implement and enforce the policies, programs, projects, rules and regulations
of the Council;
b. Direct
and supervise the operations and Internal affairs of the Council;
c. Establish
the Internal organization and administrative procedures of the Council,
recommend to the Council the appointment of the necessary administrative and
subordinate personnel; and
d. Exercise
such other powers and functions and perform such duties as are not specifically
lodged in the Council.
SEC. 9, Internal Revenue Allotment
(IRA) for Reproductive Health, -Fifty (50%) percent out of the 20% Internal
Revenue Allotment (IRA) share of local government units (LGUs) which they are
mandated to provide for local development projects under Section 287 of the
"Local Government Code of 1991" (RA No. 7160) shall be appropriated
by each LGU for reproductive healtt1 care services.
The appropriation for
reproductive health care services shall be included in the annual budget of
LGUs effective Fiscal Year 2005.
No local budget shall be approved
without the requisite appropriation for reproductive health care services.
Copies of the development plans
of local government units shall be furnished the Department of Interior and
Local Government and the Council.
SEC. 10. Mobile Health Care Services.
– Each Congressional District shall be provided with a van to be known as the
Mobile Health Care Services (MHCS) to deliver health care goods and services to
its constituents, more particularly to the poor and needy, as well as
disseminate knowledge and information on reproductive health: Provided, That
reproductive health and sexuality education shall be conducted by competent and
adequately trained persons preferably reproductive health care providers:
Provided, further, That a wide range of family planning methods, both
natural/traditional and modern, shall be taught.
The operation and maintenance of
the MHCS shall be funded from the Priority Development Assistance Fund (PDAF)
of each Congressional District.
The MHCS shall be adequately
equipped with a wide range of reproductive health care materials and
information dissemination devices and equipment, the latter including but not
limited to a television set for audio-visual presentation.
SEC. 11. Mandatory Reproductive
Health and Sexuality Education. -
Reproductive Health and Sexuality Education in an age-appropriate manner
shall be taught by adequately trained teachers starting from Grade 5 up to
Fourth Year High School. Reproductive Health and Sexuality Education shall
commence at the start of the school year immediately following one year
effectivity of this Act. The Council shall formulate the Sexuality Education
curriculum, which shall be common to both public and private schools, based on
the following subjects and standards:
- Reproductive Health
- Reproductive health care and services
- Attitudes, beliefs and values on sexual development,
sexual behavior and sexual health
- Proscription and hazards of abortion
- Family planning and the number and spacing of
children
- Natural/traditional methods to prevent unwanted,
unplanned and mistimed pregnancy
- Use of modern contraceptive devices
- Abstinence before marriage
- Prevention and treatment of HIV/AIDS and other
STIs/STDs
- Safe sex
SEC. 12. Capability Building of
Barangay Health Workers. – Barangay Health Workers shall undergo retraining on
the delivery of reproductive care service and shall receive a 10% increase in
honoraria upon successful completion of training.
SEC. 13. Ideal Family Size. – In
order to attain the desired population growth rate, the State shall encourage
two (2) children as the ideal family size. Children from these families shall
have preference in the grant of scholarships at the tertiary level.
SEC. 14. Incentives for the
Manufacture/Importation of Reproductive Health Care Commodities. – Local
manufacturers of family planning devices and related reproductive health
commodities shall enjoy personal and corporate income tax exemptions for three
(3) years from the start of their operation or for three (3) years from the
effectivity of this Act. They shall have access to low interest bearing and
concessionary capital loans from government banks. Importation of such devices
and commodities, not locally manufactured, shall be levied reduced tariffs.
SEC. 15. Employers’
Responsibilities. – Employers shall respect the reproductive health rights of
their workers. Women shall not be discriminated against in the matter of hiring
and regularization of employment status or selection for retrenchment.
All Collective Bargaining
Agreements (CBAs) shall provide for the free delivery of reasonable
reproductive health care services and devices to the workers, more particularly
the women.
SEC. 16. Private Practitioners’
Support. – Pursuant to Section 5 (b) hereof private reproductive health care
service providers, including but not limited to gynecologists and
obstetricians, shall endeavor to render such services free of charge or at
reduced professional fee rates to indigent and low income patients.
SEC. 17. Multi-Media Campaign. –
The Council shall initiate and sustain a heightened nationwide multi-media
campaign to raise the level of public awareness of the urgent need to protect
and promote reproductive health care and rights relative to human development
and population management.
SEC. 18. Tax-Deductible
Donations. – All donations to the Council for the implementation of this Act
shall be deductible to its full amount from the net personal or corporate
income due from the donor.
SEC. 19. 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 and effective family planning
methods;
2.
Refuse to perform voluntary sterilization and litigation and
other legal and medically-safe reproductive health care services on any person
of legal age on the ground of lack of third party consent or authorization:
Provided, That in the case of abused minors as certified to by the Department
of Social Welfare and Development, and pregnant minors, no prior parental
consent shall be necessary;
3.
Fail or cause to fail deliberately, or through gross
negligence, or inexcusable neglect, the delivery of reproductive health care
services as mandated under this Act, the Local Government Code of 1991, the
Labor Code, and Presidential Decree 79, as amended; and
4.
Refuse to extend quality health care services and information
on account of the provider’s marital status, gender or sexual orientation, age,
religion, personal circumstances, and nature of work: Provided, That all
conscientious objections of health care service providers based on ethical and
religious grounds shall be respected: Provided, however, That the conscientious
objector shall immediately refer the person seeking such care and services to
another health care service provider within the same facility or one which is
conveniently accessible: Provided, finally, That the person is not in an
emergency condition or serious case as defined in RA 8344 penalizing the
refusal of hospitals and medical clinics to administer appropriate initial
medical treatment and support in emergency and support in emergency and serious
cases.
b) Any
public official at both the national and local levels with power and authority
over any subordinate who shall prohibit or intentional restrict the delivery of
legal and medically-safe reproductive health care services, including family
planning.
c) Any
employer who shall require or cause a female applicant for employment or an
employee to involuntarily submit herself to sterilization or any contraceptive
method, including but not limited to injection of depo provera as a condition
for employment or continued employment.
d) Any
person who shall engage in wilful disinformation with respect to reproductive
health care and rights or the provisions of this Act or cause such disinformation.
SEC. 20. Penalties. – Any
violation of this Act shall be penalized by imprisonment ranging from one (1)
month to six (6) months or a fine of Twenty Thousand Pesos (P20,000.00) or both
such fine and imprisonment at the discretion of the proper court. If the
offender is a juridical person, the penalty shall be imposed upon the
President, Treasurer, Secretary or any person or officer responsible for the
violation. If the offender is an alien, he/she shall, after service of
sentence, be deported immediately without further proceedings in the Bureau of
Immigration. If the offender is a public officer or employee, the Court shall,
in addition to the penalties hereinabove provided, order his/her dismissal from
the government service.
SEC. 21. Implementing Rules and
Regulations. – Within thirty (30) days from the effectivity of this Act, the
Department of Health, National Economic and Development Authority and
Commission on Population shall jointly promulgate, after thorough consultation
with health and national multi-sectoral nongovernment organizations, the rules
and regulations for the effective implementation of this Act and shall ensure
the full dissemination of the same to the public.
SEC. 22. Bicameral Congressional
Oversight Committee. – A Bicameral Congressional Oversight Committee is hereby
created to regularly monitor and assess the implementation of this Act. The
Committee shall be composed of six (6) members of the Senate and six (6)
members of the House of Representatives who are active members of the
Philippine Legislators’ Committee on Population and Development (PLCPD) to be designated by the Senate
President and the Speaker of the House of Representatives, respectively:
Provided, That two (2) of the six (6) members coming from each Chamber shall
represent the minority as designated by the respective minority leaders.
SEC. 23. Appropriations. – The
amount of P100 million is initially appropriated to carry out the provisions of
this Act. Thereafter, such sums as may be necessary for the effective
implementation of this Act shall be included in the annual General
Appropriations Act.
SEC. 24. Separability Clause. –
If any part, section or provision of this Act is held invalid or
unconstitutional, other provisions not affected thereby shall remain in full
force and effect.
SEC. 25. Repealing Clause. – All
other laws, decrees, orders, issuances, rules and regulations contrary to or
inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly.
SEC. 26. Effectivity. – This Act
shall take effect fifteen (15) days after its publication in at least two (2)
newspapers of national circulation.
Approved,