QuestionsQuestions (Republic Act No. 10354)
Section 2 grounds the policy on the State’s duty under Section 12, Article II of the 1987 Constitution to protect and strengthen the family as a basic autonomous social institution and to equally protect the life of the mother and the life of the unborn from conception, while also protecting the right to health (including reproductive health), ensuring equality and nondiscrimination, and promoting gender equality, women empowerment, and the welfare and rights of children, youth, and the unborn.
RA 10354 states in Section 3(j) that abortion is illegal and punishable by law, but the government shall ensure humane, nonjudgmental treatment and counseling for women needing care for post-abortive complications and other pregnancy/labor-related complications in accordance with law and medical ethics. It also clarifies in the reproductive health rights definition (Section 4(s)) that such rights do not include abortion or access to abortifacients.
“Abortifacient” refers to any drug or device that induces abortion or destroys a fetus inside the mother’s womb, or prevents the fertilized ovum from reaching and being implanted in the mother’s womb upon determination of the FDA.
Section 4(l) defines “modern methods of family planning” as safe, effective, non-abortifacient and legal methods, whether natural or artificial, registered with the FDA, to plan pregnancy. Section 4(m) defines “natural family planning” as methods based on identifying the woman’s fertile days.
Section 7 provides that minors will not be allowed access to modern methods of family planning without written consent from their parents or guardian/s, except when the minor is already a parent or has had a miscarriage.
Section 7(a) states that private health facilities may extend full range modern family planning to paying patients with an option to provide free care to indigents, except in the case of non-maternity specialty hospitals and hospitals owned and operated by a religious group. These hospitals must immediately refer the person seeking care/services to another conveniently accessible health facility, and the rule applies subject to the person not being in an emergency condition or serious case as defined in RA 8344.
Section 5 allows midwives and nurses to administer lifesaving drugs such as oxytocin and magnesium sulfate in accordance with DOH guidelines under emergency conditions when no physicians are available, provided they are properly trained and certified to administer these drugs.
Section 6 requires each LGU, based on necessity determined by well-supported data from its local health office, to endeavor to establish or upgrade hospitals and facilities with adequate qualified personnel, equipment, and supplies to provide emergency obstetric and newborn care. It further requires equal access for geographically isolated, highly populated, or depressed areas, with national government support, including home visits or mobile health clinics as needed.
Maternal death review (Section 4(f)) and fetal and infant death review (Section 4(f) in the text you provided) are qualitative and in-depth studies of the causes of maternal, fetal, and infant deaths, with the primary purpose of preventing future deaths through changes or additions to programs, plans, and policies.
Section 9 requires the National Drug Formulary to include hormonal contraceptives, IUDs, injectables, and other safe, legal, non-abortifacient and effective family planning products/supplies. It mandates that any product included (or to be included) in the Essential Drugs List must have FDA certification that it is made available on the condition that it is not to be used as an abortifacient. It also prohibits purchase/acquisition of emergency/postcoital pills and abortifacients for such purpose, including equivalent forms.
Section 10(b) states that supply and budget allotments should be based among others on: (1) number of women of reproductive age and couples who want to space or limit children; (2) contraceptive prevalence rate by type of method; and (3) cost of supplies. LGUs may implement their own procurement/distribution/monitoring consistent with DOH guidelines.
Section 23(a) prohibits health care service providers from: (1) knowingly withholding information, restricting dissemination, or intentionally providing incorrect information regarding reproductive health programs including informed choice and access to a full range of legal, medically-safe, non-abortifacient, effective family planning methods; (2) refusing to perform legal and medically-safe procedures on a legal-age person due to lack of consent/authorization with specified spousal and parental-consent rules and exceptions for emergency/serious cases; and (3) refusing quality services/information based on marital status, gender, age, religious convictions, personal circumstances, or nature of work. It also respects conscientious objection but requires immediate referral within the facility or to a conveniently accessible provider.
Section 24 penalizes violations by imprisonment of one (1) month to six (6) months or a fine of PHP 10,000 to PHP 100,000, or both, at the discretion of the court. If the offender is a public officer, elected or appointed, there is additionally suspension not exceeding one (1) year or removal and forfeiture of retirement benefits depending on gravity, after due notice and hearing by the appropriate body or agency.
Section 22 creates a Congressional Oversight Committee (COC) composed of five members (from each House), monitors implementation, recommends remedial legislation/administrative measures, and reviews the Act every five (5) years from its effectivity.
Section 3(l) states there shall be no demographic or population targets, and that mitigation/promotion/stabilization of population growth rate is incidental to advancing reproductive health. Thus, population stabilization is not treated as a primary targeted objective.