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(Rj?pu6fic of tlie CF!

iifippines
.Supreme Court
9l1anifa
EXPEDITO A. BUGARIN, JR,
Petitioner,
BY: _____ _
2Dl3 JAfJ 11 AH II: 07
-versus-
~ 0 5 0 0 3
G.RNo. ________ __
OFFICES OF THE HON. PRESIDENT
OF THII REPUBLIC OF THE
PHILIPPINES, HON. SENATE
PRESIUENT, HON. SPEAKER OF THE
HOUSE OF REPRESENTATIVES AND
HON. SOLICITOR GENERAL,
Respondents.
xX x -----------------------------------------,-------------xX x
PETITION
(To lJeclare As l fnconstitutional Republic Act No. 1 0354)
PETITIONER, by himself and unto the Honorable Court, most
respectfully states that:
NATlJRE O.F PETITION AND PREFATORY STATEMENT
God is the Author of morality and law. "There is ONE LAWGIVER, who is able
to save and to destroy," explained the Apostle James.
Biblical history shows God instructing man at various times in the particulars of
His law. Just as the manufacturer of a sophisticated product includes an instruction
manual, so the Creator of mankind provided detailed instructions on how to make life
work- specifically, how to cultivate harmony between God and man, and with fellow
man. He did not force man to work out on his own that murder, theft and deceit are
wrong. He created sex, maniage and family, and then safeguarded them by forbidding
all exha-marital sex. He spelled these laws out, and later gave specific instructions on
what to do to enforce those laws.
The fact is, the degree to which human beings obey the eternal spiritual law of
God- whether or not they realize or understand it- will determine their success in their
relationships with God and fellow man.
However, our rejection of that revealed knowledge, and our selfish desire to
pursue the course of action that seems right to us, is as old as humanity itself. The first
two people chose to discard God's instructions and believe the deceitful serpent who
seduced them with promises of the glittering potential of self-conceived wisdom.
That same serpent is at work in the hearts of men today (Ephesians 2:2;
Revelation 12:9). As a result, Paul wrote, "The mind that is set on the flesh is hostile to
God; IT DOES NOT SUBMIT TO GOD's LAW, indeed it cannot" (Romans 8:7,
Revised Standard Version).
The notion that society would be better otT if we only eliminated laws derived
from "moral and religious views" vividly testifies of this carnal hatred for God's law.
Scripture is filled with admonitions and warnings about the dangers of human
reasoning cut off from God's direction. ''There is a way which seemetl1 right unto a
man, but the end thereof are the ways of death" (Proverbs 14:12; 16:25). A society that
exalts rationalism and reJects divine revelation as the foundation fin its laws is writing
its own epitaph
It's a far cry from the way America's Founding Fathers viewed constitutional
law. The way President John Adams viewed it, "Our Constitution was made only for a
MORAL and RELIGIOUS people. It is wholJy inadequate to the government of any
other.''
America's first president, George Washington, said during his farewell address in
1796, ''Of all the dispositions and habits which lead to political prosperity, RELIGION
and MORALITY are indispensable suppmis."
These God-fearing men understood welJ that without the moral restrictions of a
higher spiritual law, the many liberties afforded Americans in the Constitution would
lead to anarchy- and end in destruction.
It calls to mind the darkest period in the history of ancient Israel - the period of
the judges. As the nation turned its back on God and His law, it suffered curse upon
nightmarish curse. Scripture uses a simple desctiption of the moral and intellectual
c1irnate at that time ~ - one that rings sickeningly true today: "Every man did that which
was right in his own eyes" (Judges 21 :25).
''This was the condition of our biblical forefathers - just before their nation
collapsed and they went into slavery!'' (Quoted from "Unconstitutional"'? by Joel
Hilliker pp. 2, 3 and 15 of The Philadelphia Trumpet October/November 2010).
This petition seeks to nulhfY and declare as unconstitutional Republic Act
No.10354 or otherwise known as the Responsible Parenthood and Reproductive Health
Act of 20 l2 since the said law violates several provisions of our 1987 Philippine
Constitutioll.
FURTHERMORE, PETITIONER IMPLORES THE HONORABLE
SUPREME COURT (at least for reasons of fairness and Christian compassion) NOT
TO DISMISS HIS PETITION OLJTRIGHT SINCE THIS CASE INVOLVES THE
VEilY SURVIVAL AND FUTURE OF OUR NATION.
PAYMENT OF DOCKET AND OTHER LEGAL FEES
For the purpose of this petition, Petitioner paid to the Clerk of Court, Supreme
Court by way of Postal Money Order (PMO) Nos. A 0720028415; A 0720029334; and
.J 1350212008 with a sum total of Four Thousand Two Hundred Thirty Pesos
(P4,230.00) to cover the docket and other legal fees.
STATEMENT OF MATERIAL DATES
Petitioner, on January 2, 2013, obtained via the electronic mode through the
Intemet, a copy of Republic Act (RA) 10354 entitled "'The Responsible Parenthood and
Reproductive Health Act of 2012". A copy of said RA 10354 is hereto attached as
Annexes "A" to "A-17''.
Since the fifteen ( 15 )-day period for filing this petition ends on January 17, 2013,
petitioner therefore, has timely filed the same.
TIIE PARTIES
Petitioner is of legal age, Filipino, married and a resident of Cebu City,
Philippines with mailing address at No. 19 Country Club Village, Bani lad, Cebu City.
Public Respondent, Oft1ce of the President of the Republic of the Philippines is a
public office created by the Philippine Constitution responsible for the signing into law,
Republic Act No. I 0354 and may be served with summons and other processes of the
Court at the Malacafiang Palace, Manila 1 000.
Public Respondent, Office of the Senate President of the Repubhc of the
Philippines is a public office created by Jaw responsible for the passage and approval of
Republic Act No. I 0354 and may be served with summons and other processes of the
Court at the Cultural Center of the Philippines (CCP) Complex, Pasay City 1307.
Public Respondent, Office of the Hon. Speaker of the House of Representatives
is a public office created by law responsible for the passage and approval of Republic
Act No. 10354 and may be served with summons and other processes of the Com1 at the
Batasan Complex, Quezon City 1126.
Public Respondent, Office of the Hon. Solicitor General is a public ottice created
by law tasked in this case to represent the government of the Republic of the Philippines
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and may be served with summons and other processes of the Court at 134 Amorsolo
Street, Legaspi Village, Makati City 1229.
STATEMENT .OF FACTS AND CASE
Contraception is wrong in itself since it is an expression of the rejection of God
and the pathway to abmiion.
Let us begin with the contraceptive pill. It purports to be a medicine of some sort.
H is in fact a steroid. It is prescribed by doctors and bought in phannacies or drugstores,
but is given to the hea1thy! Its status as a medicine-for-the-healthy should have
condemned it in the public's eyes before it was ever manufactured. Medicines and
doctors are not for the healthy. Doctors are called upon to assist nature in healing herself
when some malady or injmy has disrupted the proper workings of the body. The
doctor's job is to determine what has gone wrong, what is at the root of the unpleasant
symptoms, and hmv to assist the healing process. Strictly speaking, the healthy have no
place at the doctor's clinic.
Despite this, the contraceptive piiJ is 'presciibed" for the healthy so that their
reproductive system will malfunction and they will not conceive even when they cany
an act whose whole nature is the planting of seed which, in healthy circumstances, may
well take root and grow. There never was such a traversty of medicine as this.
The advent of the contraceptive pill has been the beginning of an absurd era in
"medicine" wherein the doctor has been called upon to cause damage to the healthy
instead of curing the sick.
What exactly is the damage done? We must distinguish between the damage
intended, and the damaging side-effects.
The damage intended is the suppression of ovulation in the woman. Monthly
ovulation is the way a woman's system works. That is the way God made her. It's as
crazy to try to stop the ovulation as to try to stop your finger nails from growing. Of
course there are individual differences in our bodily tl.mcti!HE -- ,;z: a.E h::P<"e slightly
different p!!!se rates_ and om personal rate is itself a variabit, bm :>uch differences do
ih!t requiring medical attention. Similarly, women have varying
lengths of menstrual cycle, but do not automatically need medical attention on that
account.
A pill swallowed precisely to impede the natural functions of the healthy body is
a poison. not a medicine The late Blessed Pope John Paul II very rightly went fm1her
and :-;pke ,_ .. f the of contraception because contraception constitutes a
of the natural and God-made functions of the reproductive system. People are ';lsually
satisfied with their other bodily gifts, and do not for example attempt to have four or six
fingt::rs. But they think they can do better than God when it comes to the reproductive
gifts.
The idea that doctors may inflict damage as well as heal has made it much easier
for them to move from carrying to killing. Unborn children in their millions have been
paying for this development with their lives.
The nnintended physical damage of contraceptive pills to the woman consists in
circulatmy troubles and cancer. (Conspiracy Against Life- Copyright 1996 by Two
Hearts Media Organization)
The movements of the tiny embtyo along the fallopian tube is impeded, giving
rise to tubal pregnancies, lethal for the baby and vety dangerous for the mother.
There is also the possibility of letha] damage to the offspring who may be
conceived despite everything. The pill interferes with the lining of the womb and the
newly conceived embtyo finds itself unable to implant in the unnatural1y inhospitable
environment. The result is a very early abmiion.
Finally, there are the social consequences-an epidemic of fomication, adultery,
divorce and abortion.
(a) More fornication- if the use of human sexuality need not entail child bearing
then inevitably people begin to think - why bot11er getting manied? And if
the burden of childbearing is removed, a fonner disincentive to casual sex is
also removed.
(b) Marital infidelity - is also similarly invited by the contraceptive ethos. If
unwanted pregnancy can be prevented through contraception, discovery is
less likely.
(c) Divorce - Marital infidelity leads readily to divorce. But it is not the only or
even the major route by which contraception fosters the cunent epidemic of
divorce. In contraceptive intercourse there is a refusal of the matTied partners
to give to one another. Something essential and God-made is held back.
Fmitfu] personal love is not wanted. The woman is being used as an object,
not loved as a person. The same applies to the man. In these circumstances
the bond between them is not stTong enough to withstand the assaults of daily
trials.
And this is still not all. The human sexual apparatus cannot function without
stimulation from the brain. The pi11, if effective, actually prevents the brain from
initiating ovulation, besides causing over 1 00 other chemical changes in the body (as
admitted by a prominent abot1ionist Dr. Malcolm Potts). Here you are intetfering with
your own brain in a most delicate area. You simply cannot do so without tis king
damage to sexual attraction. Constant consumption of the pill can lead to the woman
losing her desire for her husband, and thereupon the marriage is in difficulties. A 197 4
study of the Royal College of G.P.s. found that divorce was twice as common among
pill users as among non-users.
And we are still not finished with the horrors of this diabolical creation. The pill
is anti-baby. It invites intercourse in circumstances in which the couple are in no way
prepared to accept the responsibilities of bringing up a child. But the child is often
conceived nonetheless, as contraceptives have failure rates and users do not necessarily
stick to the rules. And so in the early 90's, the flood of demand for abmtion was running
at nearly 200,000 a year by surgical method in Britain alone.
The choice is between abmtion, with its physical and emotional after-effects, or
continuing the pregnancy. Those people closely involved with the pref,rnant woman
know that if pregnancy continues they will be expected to do something to help her and
her baby. If she has an abmtion they need to do nothing. She undergoes abmtion alone.
She has to live with it aftetwards - alone. \Vhen pregnancy is unwanted what real
choice is there? (Conspiracy Against Life- Copyright 1996 by Two Hearts Media
Organization)
For selfish partners, parents, fiiends, the choice is simple - they do the choosing,
not her Sometimes the pressure is gentle. Often it isn't. There is little freedom of choice
when those who should give love and suppott walk away leaving her to cope with the
problem alone. Readily available abortion and abortifacients have made women more
vulnerable.
Pregnancy changes a woman's life, whether or not it ends in abortion. It is
possible to plan ahead when continuing pregnancy, and the problem and joys of
motherhood can be foreseen. But abortion is a joumey into the unknown. No one knows
what she will feel afterwards, either immediately or in the future. Many women are
unprepared for the destructive etTects of abortion on their lives. (Conspiracy Against
Life-- Copyright 1996 by Two Hearts Media Organization, pp. 213-225).
With the utmost respect, petitioner begs the kind indulgence of the Honorable
Supreme Court to take judicial notice of the fact that in countries which have legalized
abmtion, the latter was almost always if not always preceded by the passage or
introduction of some form of a family planning or reproductive health law.
llEASONS FOR THE ALLOWANCE OF PETITION
T'here is an urgent and compelling need to grant this petition and consequently, to
nullify and declare in no uncertain terms, the unconstitutionality of Republic Act No.
\ .
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I 0354 for the following reasons and violations upon the 1987 Constitution of the
Republic of the Philippines, to wit:
I) It is violative of Sec. 8 under State Policies of our Constitution;
2) It is violative of Sec. 12 under State Policies of our Constitution;
3) It is violative of Sec. 4, A11icle III of our Constitution under the Bill of
Rights;
4) It is violative of Sec. 1, Attic]e XV of our Constitution under The Family;
5) It is violative of Sec. 2, Article XV of our Constitution under The Family;
DISCUSSION
State Policies of our Constitution specifically Sec. 8 thereof states that:
State Policies
Sec. 8. The Philippines, consistent with the national
interest, adopts and pursues a policy of freedom from
nuclear weapons in its territory.
During the time the Philippines hosted the fmmer Military Bases in Subic,
Olongapo and Clark, Pampanga, many of our Filipino brothers and sisters especially
from the nationalist movement wamed us then that our beloved countiy could be a
magnet for or a target of nuclear missiles from other nuclear powers who rimy be
threatened by the existence of such Bases. That is why it came as a great relief to many
Filipinos-- - perhaps by Divine Providence- -when the time came for these Bases to
leave and finally close shop. The fact that the govemment involved, neither confinned
nor denied the existence of nuclear \Veapons in Philippine tenitmy did not in any way,
shape or fonn help to mitigate a possible nuclear stiike against our countiy.
While this argument on the surface may seem inelevant not to mention absurd to
some, nevertheless, to one who has an open mind, looking deeper at it in relation to our
recently passed Reproductive Health Law still makes sense.
This is so because the passage of Republic Act No. 10354 which is the first anti-
family and anti-life Jaw in this country, will pave the way for the passage of other anti-
life and anti--family laws such as: (a) Same Sex Maniage Law; (b) Divorce Law; (c)
l.aws punishing criticisms of gays, lesbians, bisexuals and transgenders; and (d)
Abortion Law.
I
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This is so because an anti-family or anti-life law begets more anti-family and
anti-life laws just as love begets love; hatred begets hatred; good begets good; evil
begets evil; kindness begets kindness; and violence begets violence.
Several years ago and during her lifetime, Mother Teresa (considered a living
Saint and now proclaimed Blessed) said, "the fruit of abortion is nuclear war." (The
Thunder of Justice by Ted and Maureen Flynn, p.l22).
For the sake of our children and our children's children, petitioner implores the
Honorable Supreme Court and its sense of right and wrong as well as its highest and
absolute fidelity to God's laws, to shield our beloved country from a possible nuclear
annihilation or destmction by declaring as unconstitutional Republic Act No. 10354.
Obedience to God's laws means obtention of His protection against such an
eventuality or nightmare scenario.
Considering the severe proliferation of nuclear weapons today, it is no longer a
question of if, but when?
In spite of some economic gains, we are still a relatively poor country. Militarily,
we are weak. Many nuclear armed states can wipe us out with I or 2 nuclear' strikes.
However, we still have a redeeming factor and that is, the Filipinos' unwavering and
unconditional love and obedience to our Almighty God. In fact, prior to the passage of
Republic Act No. 10354, our country did not have a single anti-family and anti-life law,
probably the only one in the whole world. This is something we should be proud of and
cherish for the rest of our lives.
When Blessed Teresa of Calcutta said that the fruit of abortion is nuclear war,
then we: should take heed and rethink the position we are in right now.
Surely, Blessed Teresa, a very holy woman could not have invented what she said
for the purpose of scaring people or playing practical jokes on them. That is not how a
saintly person works or behaves. In fact, throughout mankind's histmy, God always
sends His messages to people of proven holiness.
So when Blessed Teresa said what she said, then we should listen and take heed,
for the message comes from a very holy person with utmost credibility and with no
motivation to lie.
PETITIONER IMPLORES THE HONORABLE SUPREME COURT TO
TAKE .JUDICIAL NOTICE THE F'ACT THAT IN COUNTRIES WHICH
HAVE LEGALIZED ABORTION, THE LATTER WAS ALMOST ALWAYS IF
NOT AL\VAYS PRECEDED BY THE PASSAGE OR INTRODUCTION OF
SOME FORM OF A PLANNING OR REPRODUCTIVE HEALTH
LAW.
Sec. 12. The State re(:ognizes the sanctity of family life
and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the
life of the rnother and the life of the unborn from
conception.
Without love, the Church which was built and nourished from the blood that
gushed forth from the Heart of Jesus, would crumble. \Vithout respect for the singular
dignity of the human person, secular materialism will reign and people will be reduced
to mere objects to be used and discarded.
Again using the preposterous lie of over population, these anti-life and anti-
family advocates (in the intemational scene) have succeeded in legalizing the One-Child
Policy in countries like China. We make this distinction because the Chinese by tradition
are loving people who by nature would abhor abmtion because of their great affection
for children. But through coercion, they are forced to obey the One-Child policy. This
coercive family planning has been the object of much controversy and debate among
pro-choice and pro-life activists. "In October of 1993, Jilin Province imposed new
regulations explicitly stating that married couples cannot voluntarily have children
unless they obtain a child-bearing license and to pay fines of I 000 to 5000 yuan for the
first unauthorized bitth; 5,000 to 30,000 yuan for the second and 10,000 to 60,000 yuan
for the third and subsequent births. In a country where the annual family income in rural
areas is often no more than a few hundred yuan, fines of such magnitude mean
perrnanent indebtedness and poverty." (John S. Avid, Vol. 4, No. 4. "Population
Uesearch Institute Review." The China Model, July/August 1994)
The mother's "inability to assert a choice in the number of children she may
have" is bad enough. (UacheJ Kyte, "'Beyond Cairo," California; Common
Knowledge Press, 1994, pp. 1 O-Il) An enforced and regulated bit1h of a child for every
family is infinitely worse.
One wonders, what has happened to Blessed John Paul II's inviolability and
sacredness of the family? As Mother Teresa simply said before the U.S. president, vice-
president and members of the congress, " ~ l we accept even that a mother can kill her
own chi/(1, how can we tell oiher people not to kill each other?"
Evangelium Vitae (EV for brevity) is the Magna Catta of the Roman Catholic
Church to protect the unbom child, the handicapped, and the aged. This encyclical needs
to be explained to all peoples. It should be read by everyone specially manied couples
and the youth to know that they are listed as prime targets of population control.
How then did the present day threat or conspiracy against human life begin?
"'The Gospel of Life teaches that man is made after the image of God and for a
destiny of full and perfect life." (Gen 2:7, Wis 9:2-3). But death entered the world and
the threat against human life began. It entered through the envy of the devil (Gen 3:1,4-
5) and the sin of our first parents. (Gen 2:17, 3: 17-19; EV, 7). It also entered violently,
through the killing of Abel by his brother Cain. (Gen 4:8). "What have you done to your
brother, Abel, for the voice of your brother's blood is c1ying to me from the ground?"
(Gen 4:1 0; EV, 1 0)
Paradoxically, what has been previously known as a crime (murder of the
child) is no longer considered as such in.many many countries of the world, whether rich
or poor. It is now accepted as a ''right", with legal recognition given by the state and
made available through free health care services. this, however, proves on(v one thing:
!hat !he real target is thefami(v, the sanctum:r oflife. (EV, 11)
On the "use of abmtion and contraception" "to effect population control," the
Gospel of Life says: "Ce1tainly from the moral point of view, contraception and
abottion are specifically different evils: the former contradicts the full truth of the
sexual act as the proper expression of love while the latter destroys the life of a
human being. Both are opposed to the virtue of justice and directly violates the divine
commandment, "You shall not kill. "
On the Conspiracy against Lite, the Gospel of Life speaks of the following: "The
commandment regarding the inviolability of human life, reverberates at the hemt of the
ten words in the covenant of Sinai. (Ex 34:28). The commandment prohibits murder:
"You shall not ki11" (Ex 20: 13); "do not slay the innocent and righteous." (Ex 23:7; EV,
40). Jesus Christ, the perfection of the law, wants life to be respected: "You shall not
kill; whoever kills will be liable to judgment." (1VIt 5:21-22; EV, 41). "Some people
justifY abortion claiming that the result of conception, at least up to a cettain number of
days, cannot yet be considered a personal human life ... The tmth is from the time that
the ovum is fettilized, a life is begun of a new human being." (EV, 60)
On the threat against the sam:tuary of life which is the the Gospel of Life
tells us: ''The family has a role to play throughout the life of its member from bitth to
death. It is truly the sanctuaty of life: the place in which life, the gift of God, can be
properly welcomed and protected against the many attacks to which it is exposed. As
domestic Church, the family is summoned to proclaim, celebrate and serve the Gospel of
Life. To sanctifY the family against the desecration threat, it celebrates the Gospel of
Life through daily prayer, individual and family prayer." (EV, 93)
Anti-life and anti-family groups te11 the world that reproductive right or
reproductive health ("Strategic Plan; Vision 2000", IPPF, 1992, p. 4) means the
inalienable right of women to take care of their health and provide for its welfare. Others
even believe that it is the right of one to "reproduce" because "reproduction" refers to
multiplication of species and not its extennination! Unfottunately, unsuspecting women
would not know that ''reproductive right" and 'reproductive health" in fact mean the
inalienable, absolute light of women to "abort" and to engage in sexual activity without
the burden of unwanted pregnancy. They even added the word "safe" to abmiion, to
make the whole matter palatable and lure men and women into the bait of contraception.
After having committed abortion and experienced unreshicted sex, why would
there be a need for the Sacrament of Matriage? If the sexual act is already accepted even
outside maniage, then why get married and be saddled with heavy responsibilities and a
single partner for life? When this happens, the family, which is the nucleus of society
and the Church is destroyed. (Conspiracy Against Life, Copyright 1996 by Two
Hearts Media Organization, p. 166)
PETITIONER IMPLORES THE HONORABLE SUPREME COURT TO
TAKE JUDICIAL NOTICE OF THE FACT THAT IN COUNTRIES WHICH
lJAVE LEGALIZED ABORTION, THE LATTER WAS ALMOST ALWAYS IF
NOT ALWAYS PRECEDED BY THE PASSAGE OR INTRODUCTION OF
SOME FORM OF A FAMILY PLANNING OR REPRODUCTIVE HEALTH
LA'''
To show some examples of these countries, petitioner cites as cases in point the
countries of Singapore, Iran, United Kingdom of Great Britain and the United States of
America as follows: (Source: Wikipedia, The Free Encyclopedia)
SINGAPORE
Family planning was introduced to Singapore in 1949 by a group of volunteers
that eventually became the Family Planning Association of Singapore and
established numerous sexual health clinics offering contraception. Until the 1960s
there was no official govemment pohcy in these matters, but the postwar British
colonial administration, fo11owed by the Singaporean govemment, played an
increasingly important role by providing ever larger grants to the Association,
culminating in 1960 with a nationwide family planning campaign that was jointly
conducted by the Association and government.
Abortion and Sterilization were legalized in 1970.
The Shah of Iran began a national family planning program in 196 7, when the
countTy's extreme population growth made officials wony about resources
diminishing too quickly. In 1978, abotiion was legalized.
GREAT BRITAIN
1952: The Family Planning Association began to offer contraceptive advice to
single women.
1967: Abortion was legalized m England, Wales and Scotland under the
Abotiion Act.
The first legalized abortions were performed on April 27, 1968.
UNITED STATES OF AMERICA
The landmark case of Eisenstadt vs. Baird legalized birth control for al1
Americans on March 22, 1972. Eisenstadt vs. Baird, a landmark right to p1ivacy
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decision, became the foundation for the case of Roe vs. Wade, the U.S. Supreme
Comt decision which legalized abortion in the year 1973.
ARTICLE III
BILL OF RIGIITS
Sec. 4. No law shall be passed abridging the freedom of
speech, of expression, or of the press, or the right of the
people peaceably to assemble and petition the government
for redress of grievances.
FREEDOM OF SPEECH has been defined by Wendell Philips as 'at once the
instrument and the guaranty and the b1ight consummate flower of all liberty." This
definition covers freedom of expression in general, which embraces a number of CO!,TJ.late
rights all aimed at insuring the free and effective communication of ideas from mind to
mind. The other rights, in addition to freedom of speech, are freedom of the press,
freedom of assembly, freedom of petition, freedom of religion, the right of association,
and the right to access to information on matters of public concem.
The importance of freedom of expression is easily appreciated. Notably, this is
the first right that is always cmtailed when a free society falls under a repressive regime.
Our Constitution provides that "sovereignty resides in the people," who manifest it
regularly through their suffrages and, more frequently and general1y, by the assertion of
their freedom of expression. This sovereignty would he negated if they were denied the
opportunity to pmticipate in the shaping of public affairs through the arbitraty
imposition upon them of the ban of silence. (Constitutional Law by lsagani A. Cruz,
1987 Edition, pp. 176-177)
The ideas that may be expressed under this freedom are not confined only to
those that are sympathetic or acceptable to the majority. That would make the freedom
more shallow than substance. To be really meaningful, it should permit the articulation
of even the unmthodox view, though it be hostile to or derided by others, or "induces a
condition of unrest, creates dissatisfaction with conditions as they are, or even stirs
people to anger." (Terminiello vs. City of Chicago, 337 U.S. 1) One of the functions of
this heedom is precisely, according to the U.S. Supreme Comt, "to invite dispute."
Unity is too high a price to pay for the loss of libetty. Justice Holmes put it aptly when
he said that this right exists not so much for the thought that agrees with us as tor the
thought that we detest. (U.S. vs. Schwimmer, 279 lJ.S. 644) Voltaire was
grandiloquent: "/ u ~ v not agree with what you s ~ v , but J will defend to the death your
right to sqv il. "
Freedom of speech includes freedom after the speech. Without this assurance, the
citizen would hesitate to speak for fear he might be provoking the vengeance of the
officials he has criticized. Even as criticism is not conditioned on the consent of the
govemment, so too is it not subject to its subsequent chastisement; otherwise, a sword of
Damocles would hang over the head of the citizen and cow him into silence. In a free
society, the individual is not supposed to speak in timorous whispers or with bated
breath but with the clear voice of the unafraid. (Constitutional Law by Isagani A.
Cruz, 1987 Edition, pp. 185)
It has been held in the States, where liberty is more zealously guarded,
that a person may not be punished because his language is abrasive or disputations or his
views are not acceptable or even hostile to what is populaT. This is true even if his acts
may resu1t in public disorder.
In Terminiello v. ( 'i(v ( 'Jmago, a person was convicted under an ordinance
punishing "'any improper noise, tiot, disturbance, breach of the peace, or diversion
tending to the breach of the peace." The case arose out of an address he delivered inside
an auditorium before about eight hundred persons in which he attacked various political
and racial groups while an angry crovvd of about one thousand gathered outside to
protest the meeting and a number of disturbances occurred. In reversing the conviction,
the Supreme Com1, through Justice Douglas, declared:
"The vitality of civil and political institutions in our society
depends on faee discussion. As Chief Justice Hughes wrote in De
Jonge v. Oregon, 299 U.S. 353, 365, 81 L. ed. 278, 284, 57 S. Ct. 255,
it is only through free debate and free exchange of ideas that the
government remains responsible to the will of the people and
peaceful change is effected. The right to speak freely and to promote
diversity of ideas and programs is therefore one of the chief
distinctions that sets us apart from totalitarian regimes.
"'Accordingly, a function of faee speech under our system of
government is to invite dispute. It may indeed best serve its high
purpose when it induces a condition of unrest, creates dissatisfaction
with conditions as they are, or even stirs people to anger. Speech is
often provocative and challenging. It may strike at prejudices and.
preconceptions and have profound unsettling effects as it presses for
acceptance of an idea. That is why freedom of speech, though not
absolute, is nevertheless protected against censorship or
punishment, unless shown likely to produce a clear and present
danger of a serious. substantive evil that rises far above public
inconvenience, annoyance or unrest. There is no room under our
Constitution for a more restrictive view. For the alternative would
lead to standardization of ideas either by legislatures, courts, or
dominant political or community groups.
"'The ordinance as construed by the trial court seriously invaded
this province. It permitted conviction of petitioner if his speech
stirred people to ange1, invited public dispute, o1 brought about a
condition of umest. A conviction resting on any of those grounds
may not stand."
FROJ\'1 THE FOREGOIN(;, IT IS VERY CLEAR THAT THE PENAL
PROVISIONS OF ACT NO. 10354 VIOLATE SEC. 4, ARTICLE III
OF OlfR CONSTITUTION UNDER THE BILL OF RIGHTS.
\VhiJe advocates of this law claim that free choice is given to people on which
family planning methods to use, still, any dissent to or critical opinion of this law
will not be tolerated as shown in its penal provisions as well as in paragraph (b),
Sec. 23 of ll.A. 10354 herein quoted in part as follows:
"'Sec. 23. Prohibited Acts.-- The following acts are prohibited:
(b) xxxxxxxxxxxxxx; or shall do any act that hinders the
full implementation of a reproductive health
program as mandated by this Act;" (lJ nderscoring
fm emphasis)
SINCE THIS PROVISION OF R.A. 10354 IS VERY
BROAD AND ALL-ENCOJ\fPASSING, IT COULD BE INTERPRETED AND
MAllE TO APPLY TO PERSONS. IN THE ACT OF ENGAGING IN
INFORMATION lliSSEMINA TION AGAINST THIS VERY LAW.
IN OTHER WORUS, THIS PARTICULAR PROVISION OF R.A. 10354
CAN BE USED BY THE GOVERNMENT'S VAST LAW ENFORCEMENT AND
PROSECUTORIAL RESOURCES TO CLAMP DO\VN ON DISSENT, BY
ACCUSING DISSENTER.S OF ENGAGING IN ACTS OF DISINFORMATION
WHICH HINDER THE FULL ll\'IPLEMENTATION OF THIS
REPRODUCTIVE HEALTH ACT OF 2012.
HENCE, FREE SPEECH OR FREE EXPRESSION IS NO LONGER FREE
UNDER THIS REPRODlJCTIVE HEALTH LAW. IT JUST DIED A VIOLENT
DEATH UNDER THIS LA\V, SO TO SPEAK.
ARTICLE XV
THE FAMILY
Section I. The State recognizes the Filipino Family as
the foundation of the nation. Accordingly, it shall
strengthen its solidarity and actively promote its total
development.
Section 2. l\,fardage, as an inviolable social
institution, is the foundation of the family and shall be
Jlrotected by the State.
Sex which is intended only to preserve the human race is done to the excess, even
by those not bound by the Sacrament of Marriage.
The devil is a smooth operator. He has every single living soul all figured out: his
weaknesses and his strengths. He discovers all our "entry points" and uses the lethal
weapon of lust to possess us. His favorite devices are sex education and contraception.
Sex education is not dangerous provided it follows the guidelines set by the
Church on modesty and purity. However, when the youth are taught at an early age how
mating among animals and human beings is done, curiosity, specia11y among teenagers
and pre-adolescent children, is aroused.
For instance, most of the schools now in the United States and Europe (with Asia
foJiowing closeby) have incorporated sex education in their cuniculum. Students are
told that it would be good for them to experience the sexual act as a practical preparation
for marriage. And on the pretext of teaching students prevention against contracting
HIV -related diseases, educators will initiate the entire studentry to a graphic display of
human copulation and the rutificial binh controls to be used by both men and women. In
a community college in Califomia, this was even made a requirement for admittance.
Al1 freshmen students were treated to a "'live demonstration" of how HIV is trans'mitted
to both the opposite and the same sexes. ''We are only after your own health," the
teacher said, "we promote sqje se.r here in this college."
A magazine article published in the U.S. claims that most American youth lose
their virginity before they reach the age of 13. The same article cited a story of an 11-
year old girl who complained to her pastor of her parents unreasonable strictness. They
refuse to let her go on dates. "'l 'm the last remaining virgin in class, father!" she cried.
"And my classmates make fun of me because I've never slept with a boy at my age!"
Clearly, the dreaded venom of lust has poisoned the minds not only of some youth but of
educators as well.
Many young people are drawn to a promiscuous lifestyle because of the
contraceptive mentality promoted in most school systems which governments also
encourage. At the height of the AIDS scare in the Philippines, the health department
came out with a massive information campaign which placed the media and the
education department in tandem. The solution offered to halt the spread of the dreaded
disease, AIDS, was to use condom and other contraceptive devices. (How To Win Your
Spiritual \Varfare Book 1 pp. 37-39, by Fr. Edgardo M. Arellano)
Parents protested violently after seeing their !,>Tade school children bringing home
condoms "because teacher said to use it for practice and to give Mom and Dad." This
contraceptive mentali(v is what is going to poison the minds of our youth. Those who
have given-in to this kind of thinking have found a ready excuse for their uncontrolled
sexual activities. "If the school says its okay and we're given free contraceptives, what's
wrong in doing it?'' a girl of 15 said, "Besides there's no danger, I won't get pregnant.
When I get older then at least I'd know how to do it right."
Broken maniages do not always happen because of incompatibility. A father or
mother can be a good provider for the family and an educator of his or her children. But
they too, because of carelessness, can fall prey into this contraceptive mentality. This
mentality gives license to extramarital relationships and worse to incest. Once
discovered, tlus infidelity creates tension in the home and inflicts incurable wounds in
family relationships. (How To Win Your Spiritual Warfare Book 1 pp. 39-41, by Fr.
Edgardo M. Arellano)
One of the alarming sexual perversities today takes place in the home - -fathers
raping their vety own daughters. Brothers molesting their own sisters. Uncles, cousins,
and even grandparents violating the younger women in the family. Truly, only Satan
could make one conceive of such an abominable crime - - against God and against
another human being. (How To Win Your Spiritual Warfare Book 1, by Fr. Edgardo
M. Arellano)
PRAYER
WHEREFORE, it is most respectfully prayed of the Honorable Supreme
Court to nullify and declare as unconstitutional Republic Act No. 10354 or otherwise
known as the Responsible Parenthood and Reproductive Health Act of 2012.
Petitioner implores the Honorable Supreme Court not to dismiss his
petition outright since this case involves the very survival and future of our nation
and further prays for such other reliefs as are just and equitable in the premises.
Respectfully submitted.
Cebu City (for Manila), Philippines, January 8, 2013.
PTR No. 2681614
01-03-13/Cebu
IBP No. 912252
0 1-03-13/Cebu City Chapter
Roll of Attomeys No. 40450
MCLE Compliance No. III-0006329
Office Telephone No.: (032)-416-2489
Cellular Phone No.: 0927-633-4319
Fax Number: (032)-416-2489
VERIFICATION
(With Certification ofNon-Forum Shopping)
I, EXPEDITO A. BUGARIN, JR., of legal age, Filipino and a resident
of Cebu City, Philippines after having been legally sworn, depose and say: that I am the
petitioner in the above-entitled case; that I have caused the preparation of the foregoing
Petition the contents of which I have read and found to be true and correct of my own
personal knowledge.
Further, I certifY under oath that I have not commenced any other action
or proceeding involving the same issues in the Supreme Court, Court of Appeals or
different divisions thereof, or any other tribunal or agency and that to the best of my
knowledge, no action, or proceeding involving the same issues is pending before said
courts, agencies or tribunals .
. Should I thereafter learn that a similar action or proceeding has been filed
or is pending before any of the above-mentioned courts, I will promptly inform within
five (5) days therefrom such fact to the aforesaid courts and other tribunal or agency
thereof.
:. IN WITNESS WHEREOF, I have hereunto set my hand this ___ day
of ___ ____ 2013 in Cebu City, Philippines.
/
E
PeaL:ner!Affia
!AN 0 A JlmSUBSCRIBED AND SWORN to .. before me this day of
________ 2013 in Cebu City, Philippines. Affiant exhibited to me his
Community Tax Certificate No. 00532909 issued on January 3, 2013 at Cebu City,
Philippines. Affiant likewise exhibited before herein notary public his Integrated Bar of
the Philippines (IBP) I.D./Roll of Attorneys No. 40450 as his identification document
issued by the ffiP-Cebu City Chapter which bears his photograph and signature.
Doc. No. f);0;
-
Page No . ..JL;
Book No. _I_;
Series of 2013.
. .. :.; T
' ' ' < "l \,
: j ' ..
EXPLANATION
(Pursuant to Sec. 11, Rule 13 in relation to Sec. 3, Rule 45
and Sec. 5 (d), Rule 56, 1997 Rules of Civil Procedure)
Service by registered mail to respondents as well as filing by registered
mail to the Honorable Supreme Couii are resmied to instead of personal service,
because of great distance between Cebu City and Metro Manila.
Republic of the
City l?l Cebu ............ } S . \:
Jiffid"avit o_{S ervice
(With An Explanation Why Service Was Not
Done Personally On Respondent)
I, MARIA ANNIE C. NA V AREZ, of legal age and a resident of
Mandaue City, Philippines, after having been legally sworn, do hereby depose and say:
that-
I am the Clerk of the BUGARIN & ASSOCIATES LAW OFFICE at No. 19
Counhy Club ViiJage, Banilad, Cebu City, Philippines;
On Janumy 10, 2013, I served copies of the following pleading:
PETITION
(To Declare As Unconstitutional Republic Act No. I 0354)
in G.R. No. entitled "EXPEDITO A. BUGARIN, JR., Petitioner, versus
HON. PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, ET. AL.,
Respondents." pursuant to Sections 3, 4, 5 and 10, Rule 13 of the Rules of
Court, as follows:
By registered mail to:
I) Office Of The Solicitor General at 134 Amorsolo Street, Legaspi Village
1229 Makati City by depositing a copy in a sealed envelope on January I 0,
20 13 in the Cebu Counhy Mall Post Office as evidenced by Registry
Receipt No. PST-116 which is hereto attached.
2) Office of the Hon. Speaker of the House of Representatives at Batasan
Complex, Quezon City 1126 by depositing a copy in a sealed envelope on
Janumy 10, 2013 in the Cebu Country Mall Post Office as evidenced by
Regish)' Receipt No. PST -117 which is hereto attached.
3) Office of the Senate President of the Republic of the Philippines at Cultural
Center of the Philippines (CCP) Complex, Pasay City 1307 by depositing a
copy in a sealed envelope on January 10, 2013 in the Cehu Country Mall
Post Office as evidenced by Regishy Receipt No. PST-118 which is hereto
attached.
4) Office of the President of the Republic of the Philippines at Malacaiiang
Palace, Manila 1000 by depositing a copy in a sealed envelope on Januaty
I 0, 20 13 in the Cebu Counhy Mall Post Office as evidenced by Regishy
Receipt No. PST-119 which is hereto attached.
With instructions to the postmaster to return the mail to sender after ten (10) days
if undelivered. Filing as well as service by registered mail to respondents are
resorted to instead of personal service, because of great distance between Cebu
City and Metro Manila.
IN WITNESS WHEREOF, I have hereunto affixed my signature this
__ day of January 2013 in Cebu City, PhiJippines.
MARl AREZ
Affiant
I' 'I ', I
OLi ,") .; j, '; ,' i J j
SUBSCRIBED AND SWORN to before me this __ day of January
2013 in Cebu City, Philippines. Affiant exhibited to me her Community Tax Certificate
No. 12987171 issued on Jan. 9, 2013 at Mandaue City, Philippines. Affiant likewise
exhibited before herein notary public her Unified Multi-Purpose J.D. No. CRN-
0006-1683535-5 as her identification document issued by the Social Security
System (SSS) of the Republic of the Philippines which bears her photograph and
signature.
Doc. No.ff;
Page No. _J;ri'
Book No. _Q_[;
Series of 2013.
.J..
... .,
ANIJEX A
RA 10354- Responsible Parenthood and
Reproductive Health Act of 201 2
[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 Representatives of the Philippines in
Congress assembled:
SECTION 1. Title. - This Act shall be known as 'The Responsible Parenthood and
Reproductive Health Act of 2012".
SEC. 2. Declaration of Policy. - The State recognizes and guarantees the human
rights of all persons including their right to equality and nondiscrimination of these
rights, the right to sustainable human development, the right to health which
includes reproductive health, the right to education and information, and the right
to choose and make decisions for themselves in accordance with their religious
convictions, ethics, cultural beliefs, and the demands of responsible parenthood.
Pursuant to the declaration of State policies under Section 12, Article II of the 1987
Philippine Constitution, it is the duty of the State to protect and strengthen the
family as a basic autonomous social institution and equally protect the life of the
mother and the life of the unborn from conception. The State shall protect and
promote the right to health of women especially mothers in particular and of the
people in general and instill health consciousness among them. The family is the
natural and fundamental unit of society. The State shall likewise protect and
advance the right of families in particular and the people in general to a balanced
and healthful environment in accord with the rhythm and harmony of nature. The
State also recognizes and guarantees the promotion and equal protection of the
welfare and rights of children, the youth, and the unborn.
Moreover, the State recognizes and guarantees the promotion of gender equality,
gender equity, women empowerment and dignity as a health and human rights
concern and as a social responsibility. The advancement and protection of women's
human rights shall be central to the efforts of the State to address reproductive
health care.
,. ,, 2
NJNfX A-1
The State rxognizes marriage as an inviolable social institution and the foundation
of the fa:-r1ily 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
The State likewise guarantees universal access to medically-safe, non-abortifacient,
effective, legal, affordable, and quality reproductive health care services, methods,
devices, supplies which do not prevent the implantation of a fertilized ovum as
determined by the Food and Drug Administration (FDA) and relevant information
and education thereon according to the priority needs of women, children and other
underprivileged sectors, giving preferential access to those identified through the
National Household Targeting System for Poverty Reduction (NHTS-PR) and other
government measures of identifying marginalization, who shall be voluntary
beneficiaries of reproductive health care, services and supplies for free.
The State shall eradicate discriminatory practices, laws and policies that infringe on
a person's exercise of reproductive health rights.
The State shall also promote openness to life; Provided, That parents bring forth to
the world only those children whom they can raise in a truly humane way.
SEC. 3. Guiding Principles for Implementation.- This Act declares the following as
guiding principles:
(a) The right to make free and informed decisions, which is central to the exercise
of any right, shall not be subjected to any form of coercion and must be fully
guaranteed by the State, like the right itself;
(b) Respect for protection and fulfillment of reproductive health and rights which
seek to promote the rights and welfare of every person particularlY couoles. adult
3
~ c ) Since h1;man 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 peo'ple-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 suoolies aivinn
,, ,, 4
~ N f : X A-,3
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 lhe 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;
U) 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;
(I) 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
5
{p) That a comprehensive reproductive health program addresses the needs of
people throughout their life cycle.
SEC. 4. Definition of Terms. - For the purpose of this Act, the following terms shall
be defined as follows:
(a) Abortifacient refers to any drug or device that induces abortion or the
destruction of a fetus inside the mother's womb or the prevention of the fertilized
ovum to reach and be implanted in the mother's womb upon determination of the
FDA.
(b) Adolescent refers to young people between the ages of ten (1 0) to nineteen (19)
years who are in transition from childhood to adulthood.
(c) Basic Emergency Obstetric and Newborn Care {BEMONC) refers to lifesaving
services for emergency maternal and newborn conditions/complications being
provided by a health facility or professional to include the following services:
administration of parenteral oxytocic drugs, administration of dose of parenteral
anticonvulsants, administration of parenteral antibiotics, administration of maternal
steroids for preterm labor, performance of assisted vaginal deliveries, removal of
retained placental products, and manual removal of retained placenta. It also
includes neonatal interventions which include at the minimum: newborn
resuscitation, provision of warmth, and referral, blood transfusion where possible.
(d) Comprehensive Emergency Obstetric and Newborn Care {CEMONC) refers to
lifesaving services for emergency maternal and newborn conditions/complications
as in Basic Emergency Obstetric and Newborn Care plus the provision of surgical
delivery (caesarian section) and blood bank services, and other highly specialized
obstetric interventions. It also includes emergency neonatal care which includes at
the minimum: newborn resuscitation, treatment of neonatal sepsis infection,
oxygen support, and antenatal administration of (maternal) steroids for threatened
premature delivery.
(e) Family planning refers to a program which enables couples and individuals to
decide freely and responsibly the number and spacing of their children and to have
the information and means to do so, and to have access to a full range of safe,
affordable, effective, non-abortifacient modem natural and artificial methods of
planning pregnancy.
(f) Fetal and infant death review refers to a qualitative and in-depth study of the
causes of fetal and infant death with the primary purpose of preventing future
" ,,

6
(g) Gender equality refers to the principle of equality between women and men and
equal rights to enjoy conditions in realizing their full human potentials to contribute
to, and benefit from, the results of development, with the State recognizing that all
human beings are free and equal in dignity and rights. It entails equality in
opportunities, in the allocation of resources or benefits, or in access to services in
furtherance of the rights to health and sustainable human development among
others, without discrimination.
(h) Gender equityrefers to 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.
(i) Male responsibility refers to the involvement, commitment, accountability and
responsibility of males in all areas of sexual health and reproductive health, as well
as the care of reproductive health concerns specific to men.
U) Maternal death review refers to a qualitative and in-depth study of the causes of
maternal death with the primary purpose of preventing future deaths through
changes or additions to programs, plans and policies.
(k) Maternal health refers to the health of a woman of reproductive age including,
but not limited to, during pregnancy, childbirth and the postpartum period.
(I) Modern methods of family planning refers to safe, effective, non-abortifacient
and legal methods, whether natural or artificial, that are registered with the FDA, to
plan pregnancy.
(m) Natural family planning refers to a variety of methods used to plan or prevent
pregnancy based on identifying the woman's fertile days.
(n) Public health care service provider refers to: (1) public health care institution,
which is duly licensed and accredited and devoted primarily to the maintenance and
operation of facilities for health promotion, disease prevention, diagnosis,
treatment and care of individuals suffering from illness, disease, injury, disability or
deformity, or in need of obstetrical or other medical and nursing care; (2) public
health care professional, who is a doctor of medicine, a nurse or a midwife; (3)
public health worker engaged in the delivery of health care services; or (4) barangay
health worker who has undergone training programs under any accredited
....,.,.... ................. -- - ... ,.....,......
.. ,,
A ~ N E X A"*rp
7
the community after having been accredited to function as such by the local health
board in accordance with the guideline's promulgated by the Department of Health
(DOH).
(o) Poor refers to members of households identified as poor through the NHTS-PR
by the Department of Social Welfare and Development (DSWD) or any subsequent
system used by the national government in identifying the poor.
(p) Reproductive Health (RH) refers to the state of complete physical, mental and
social well-being and not merely the absence of disease or infirmity, in all matters
relating to the reproductive system and to its functions and processes. This implies
that people are able to have a responsible, safe, consensual and satisfying sex life,
that they have the capability to reproduce and the freedom to decide if, when, and
how often to do so. This further implies that women and men attain equal
relationships in matters related to sexual relations and reproduction.
(q) Reproductive health care refers to the access to a full range of methods,
facilities, services and supplies that contribute to reproductive health and well-
being by addressing reproductive health-related problems. It also includes sexual
health, the purpose of which is the enhancement of life and personal relations. The
elements of reproductive health care include the following:
(1) Family planning information and services which shall include as a first prior.ity
making women of reproductive age fully aware of their respective cycles to make
them aware of when fertilization is highly probable, as well as highly improbable;
(2) Maternal, infant and child health and nutrition, including breastfeeding;
(3) Proscription of abortion and management of abortion complications;
(4) Adolescent and youth reproductive health guidance and counseling;
(5) Prevention, treatment and management of reproductive tract infections (RTis),
HIV and AIDS and other sexually transmittable infections (STis);
(6) Elimination of violence against women and children and other forms of sexual
and gender-based violence;
(7) Education and counseling on sexuality and reproductive health;
(8) Treatment of breast and reproductive tract cancers and other gynecological
conditions and disorders;
/r\.\ ._ I
" ,,
N114X A-7
8
(1 0) Prevention, treatment and management of infertility and sexual dysfunction;
(11) Reproductive health education for the adolescents; and
(1 2) Mental health aspect of reproductive health care.
(r) Reproductive Ilea/tiT care program refers to the systematic and integrated
provision of reproductive health care to all citizens prioritizing women, the poor,
marginalized and those invulnerable or crisis situations.
(s) Reproductive health rights refers to the rights of individuals and couples, to
decide freely and responsibly whether or not to have children; the number, spacing
and timing of their children; to make other decisions concerning reproduction, free
of discrimination, coercion and violence; to have the information and means to do
so; and to attain the highest standard of sexual health and reproductive
health: Provided, however, That reproductive health rights do not include abortion,
and access to abortifacients.
(t) Reproductive health and sexuality education refers to a lifelong learning process
of providing and acquiring complete, accurate and relevant age- and development-
appropriate information and education on reproductive health and sexuality
through life skills education and other approaches.
(u) Reproductive Tract Infection (RTI) refers to sexually transmitted infections (STis),
and other types of infections affecting the reproductive system.
(v) Responsible parenthood refers to the will and ability of a parent to respond to
the needs and aspirations of the family and children. It is likewise a shared
responsibility between parents to determine and achieve the desired number of
children, spacing and timing of their children according to their own family life
aspirations, taking into account psychological preparedness, health status,
sociocultural and economic concerns consistent with their religious convictions.
(w) Sexual health refers to a state of physical, mental and social well-being in
relation to sexuality. It requires a positive and respectful approach to sexuality and
sexual relationships, as well as the possibility of having pleasurable and safe sexual
experiences, free from coercion, discrimination and violence.
(x) Sexually Transmitted Infection (STI) refers to any infection that may be acquired
or passed on through sexual contact, use of IV, intravenous drug needles, childbirth
and breastfeeding.
(y) Skilled birth attendance refers to rhilrlhirth h" .., .... __ , ......
,, ,,
ANNEX A-&
9
of a functioning health system, including transport and referral faculties for
emergency obstetric care.
(z) Skilled health professional refers to a midwife, doctor or nurse, who has been
educated and trained in the skills needed to manage normal and complicated
pregnancies, childbirth and the immediate postnatal period, and in the
identification, management and referral of complications in women and newborns.
(aa) Sustainable human development refers to bringing people, particularly the poor
and vulnerable, to the center of development p r ~ c e s s , the central purpose of wh!ch
is the creation of an enabling environment in which all can enjoy long, healthy and
productive lives, done in the manner that promotes their rights and protects the life
opportunities of future generations and the natural ecosystem on which all life
depends.
SEC. 5. Hiring of Skilled Health Professionals for Maternal Health Care and Skilled
Birth Attendance. -The LGUs shall endeavor to hire an adequate number of nurses,
midwives and other skilled health professionals for maternal health care and skilled
birth attendance to achieve an ideal skilled health professional-to-patient ratio
taking into consideration DOH targets: Provided, That people in geographically
isolated or highly populated and depressed areas shall be provided the same level
of access to health care: Provided, further, That the national government shall
provide additional and necessary funding and other necessary assistance for the
effective implementation of this provision.
For the purposes of this Act, midwives and nurses shall be allowed to administer
lifesaving drugs such as, but not limited to, oxytocin and magnesium sulfate, in
accordance with the guidelines set by the DOH, under emergency conditions and
when there are no physicians available: Provided, That they are properly trained and
certified to administer these lifesaving drugs.
SEC. 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.
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SEC. 7. Access to Family Planning. - All accredited public health facilities shall
provide a full range of rnodern family planning methods, which shall also include
medical consultations, ~ u p p l i e s 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.
SEC. 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.
SEC. 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
- - - - -- ._=- I
contraceptive pills, postcoital pills, abortifacients that will be used for such purpose
and their other forms or equivalent.
SEC. 1 0. Procurement and Distribution of Family Planning Supplies. - The DOH shall
procure, distribute to LGUs and monitor the usage of family planning supplies for
the whole country. The DOH shall coordinate with all appropriate local government
bodies to plan and implement this procurement and distribution program. The
supply and budget allotments shall be based on, among others, the current levels
and projections of the following:
(a) Number of women of reproductive age and couples who want to space or limit
their children;
(b) Contraceptive prevalence rate, by type of method used; and
(c) Cost of family planning supplies.
Provided, That LGUs may implement its own procurement, distribution and
monitoring program consistent with the overall provisions of this Act and the
guidelines of the DOH.
SEC. 11. Integration of Responsible Parenthood and Family Planning Component in
Anti-Poverty Programs. - A multidimensional approach shall be adopted in the
implementation of policies and programs to fight poverty. Towards this end, the
DOH shall implement programs prioritizing full access of poor and marginalized
women as identified through the NHTS-PR and other government measures of
identifying marginalization to reproductive health care, services, products and
programs. The DOH shall provide such programs, technical support, including
capacity building and monitoring.
SEC. 12. Phi/Health Benefits for Serious .and Life- Threatening Reproductive Health
Conditions. --All serious and life-threatening reproductive health conditions such as
HIV and AIDS, breast and reproductive tract cancers, and obstetric complications,
and menopausal and post-menopausal-related conditions shall be given the
maximum benefits, including the provision of Anti-Retroviral Medicines (ARVs), as
provided in the guidelines set by the Philippine Health Insurance Corporation (PHIC).
SEC. 1 3. Mobile Health Care Service. - The national or the local government may
provide each provincial, city, municipal and district hospital with a Mobile Health
Care Service (MHCS) in the form of a van or other means of transportation
appropriate to its terrain, taking into consideration the health care needs of each
LGU. The MHCS shall deliver health care goods and services to its constituents,
more particularly to the poor and needy, as well as di .. L-nnw1..,r1,..,.,.
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information on reproductive health. The MHCS shall be operated by skilled health
providers and adequately equipped with a wide range of health care materials and
information dissemination devices and equipment, the latter including, but not
limited to, a television set for audio-visual presentations. All MHCS shall be
operated by LGUs of provinces and highly urbanized cities.
SEC. 14. Age- and Development-Appropriate Reproductive Health Education. - The
State shall provide age- and development-appropriate reproductive health
education to adolescents which shall be taught by adequately trained teachers
informal and nonformal educational system and integrated in relevant subjects such
as, but not limited to, values formation; knowledge and skills in self-protection
against discrimination; sexual abuse and violence against women and children and
other forms of gender based violence and teen pregnancy; physical, social and
emotional changes in adolescents; women's rights and children's rights;
responsible teenage behavior; gender and development; and responsible
parenthood: Provided, That flexibility in the formulation and adoption of
appropriate course content, scope and methodology in each educational level or
group shall be allowed only after consultations with parents-teachers-community
associations, school officials and other interest groups. The Department of
Education (DepED) shall formulate a curriculum which shall be used by public
schools and may be adopted by private schools.
SEC. 1 5. Certificate of Compliance. - 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 certifying that they had duly received
adequate instructions and information on responsible parenthood, family planning,
breastfeeding and infant nutrition.
SEC. 16. Capacity Building of Barangay Health Workers (BHWs). - The DOH shall be
responsible for disseminating information and providing training programs to the
LGUs. The LGUs, with the technical assistance of the DOH, shall be responsible for
the training of BHWs and other barangay volunteers on the promotion of
reproductive health. The DOH shall provide the LGUs with medical supplies and
equipment needed by BHWs to carry out their functions effectively: Provided,
further, That the national government shall provide additional and necessary
funding and other necessary assistance for the effective implementation of this
provision including the possible provision of additional honoraria for BHWs.
SEC. 1 7. Pro Bono Services for Indigent Women. - Private and nongovernment
reproductive healthcare service providers including, but not limited to,
gynecologists and obstetricians, are encouraged to provide at least forty-eight (48)
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;}nd education to rendering medical services, free of charge to indigent and low-
income patients as identified through the NHTS.,...PR and other government measures
of identifying marginalization, especially to pregnant adolescents. The forty-eight
(48) hours annual pro bono services shall be included as a prerequisite in the
accreditation under the PhiiHealth.
SEC. 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.
SEC. 1 9. 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, hiqh

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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.
SEC. 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.
SEC. 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.
16
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
(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;
(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;
(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
1 5 of this Act; and
(e) Any pharmaceutical company, whether domestic or multinational, or its agents
or distributors, which directly or indirectly colludes with government officials,
whether appointed or elected, in the distribution, procurement andjor sale by the
national government and LGUs of modern family planning supplies, products and

..
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SEC. 24. Penalies. - Any violation of this Act or comm1ss1on of the foregoing
prohibited acts shall be penalized by imprisonment ranging from one (1) month to
six (6) months or a fine of Ten thousand pesos (Pl 0,000.00) to One hundred
thousand pesos (PI 00,000.00), or both such fine and imprisonment at the
discretion of the competent court: Provided, That, if the offender is a public officer,
elected or appointed, he/ she shall also suffer the penalty of suspension 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.
If the offender is a juridical person, the penalty shall be imposed upon the president
or any responsible officer. An offender who is an alien shall, after service of
sentence, be deported immediately without further proceedings by the Bureau of
Immigration. If the offender is a pharmaceutical company, its agent and/or
distributor, their license or permit to operate or conduct business in the Philippines
shall be perpetually revoked, and a fine triple the amount involved in the violation
shall be imposed.
SEC. 2 5. Appropriations. - The amounts appropriated in the current annual General
Appropriations Act (GAA) for reproductive health and natural and artificial family
planning and responsible parenthood under the DOH and other concerned agencies
shall be allocated and utilized for the implementation of this Act. Such additional
sums necessary to provide for the upgrading of faculties necessary to meet
BEMONC and CEMONC standards; the training and deployment of skilled health
providers; natural and artificial family planning commodity requirements as outlined
in Section 1 0, and for other reproductive health and responsible parenthood
services, shall be included in the subsequent years' general appropriations. The
Gender and Development (GAD) funds of LGUs and national agencies may be a
source of funding for the implementation of this Act.
SEC. 26. Implementing Rules and Regulations (IRR). -Within sixty (60) days from the
effectivity of this Act, the DOH Secretary or his/her designated representative as
Chairperson, the authorized representativejs of DepED, DSWD, Philippine
Commission on Women, PHIC, Department of the Interior and Local Government,
National Economic and Development Authority, League of Provinces, League of
Cities, and League of Municipalities, together with NGOs, faith-based organizations,
people's, women's and young people's organizations, shall jointly promulgate the
rules and regulations for the effective implementation of this Act. At least four (4)
members of the IRR drafting committee, to be selected by the DOH Secretary, shall
come from NGOs.
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SEC. 27. Interpretation Clause. -This Act shall be liberally construed to ensure the
provision, delivery and access to reproductive health care services, and to promote,
protect and fulfill women's reproductive health and rights.
SEC. 28. Separability Clause. - If any part or provision of this Act is held invalid or
unconstitutional, the other provisions not affected thereby shall remain in force and
effect.
SEC. 29. Repealing Clause. - Except for prevailing laws against abortion, any law,
presidential decree or issuance, executive order, letter of instruction, administrative
order, rule or regulation contrary to or is inconsistent with the provisions of this Act
including Republic Act No. 7392, otherwise known as the Midwifery Act, is hereby
repealed, modified or amended accordingly.
SEC 30. Effectivity. - This Act shall take effect fifteen (1 5) days after i ~ s publication
in at least two (2) newspapers of general circulation.