LESSON 24: CRITIQUE ON THE

RESPONSIBLE PARENTHOOD AND

REPRODUCTIVE
HEALTH LESSON 4| ACT OF 2012,
REPUBLIC ACT NO. 10354 also known as RH
LAW
As you will notice, it is quite common for your grandparents have seven (7) or eight (8)
siblings.
Some even have more. This is not the commonplace nowadays, as most coupes settle for two
(2) or three
(3) kids, that is why most of you have few siblings unlike previous times
This phenomenon is very simple-rearing children became costly in terms of time and resources.
The items mentioned are the essentials that babies must use during their early months. Knowing
the
costs of these items will enable you to assess whether you are prepared to become a parent or
not.
Rationale of the RH Law
The "Responsible Parenthood and Reproductive Health Act of 2012" or RA 10354,also known as the
"RH Law" was primarily enacted on a vision that the poor will have access to Reproductive Health (RH)
goods and services which they cannot afford. With this law, the poor will likely have sufficient access
to information about the proper use and effectiveness of these RH products.
Apparently, the failure of the market of RH goods and services to reach marginalized women compelled
the Philippine Government to step in and initiate measures to address this occurrence.
However, RH Law was depicted by paintings of promoting abortion and abortifacient products-thus,
sinful and frowned upon by the Catholic Church.
Elements of RH Law
The elements of the recently enacted RH Law are as follows:
(1)family planning information and services;
(2)maternal, infant, and child health and nutrition, including breast feeding
(3) prevention of abortion and management of post-abortion complications ;
(4) adolescent and youth reproductive health guidance and counseling;
(5) prevention and management of reproductive tract infections (RTIS), HIVIAIDS, and STIs;
(6) elimination of VAWC and other forms of sexual and GBV;
(7) education and counselling on sexuality and reproductive health;
(8) treatment of breast and reproductive tract cancers and other gynecologic conditions and disorders;
(9) male responsibility and involvement and men's RH;
(10) prevention, treatment, and management of infertility and sexual dysfunction;
(11) RH education for the adolescents; and
(12) mental health aspect of reproductive health care.
Salient provisions
Midwives for skilled birth attendance: The law mandates every city and municipality to employ an
adequate number of midwives and other skilled attendants.
Emergency obstetric care: Each province and city shall ensure the establishment and operation of
hospitals with adequate facilities and qualified personnel that provide emergency obstetric care.
Hospital-based family planning: The law requires family planning services like ligation, vasectomy,
and intrauterine device (1UD) placement to be available in all government hospitals.
Contraceptives as essential medicines: Reproductive health products shall be considered essential
medicines and supplies and shall form part of the National Drug Formulary.
Reproductive health education RH education: RH education shall be taught by adequately trained
t teachers in an age-appropriate manner.
Employers responsibilities: Employers’ shall respect the reproductive health rights workers.
Women shall not be discriminated against in the matter of hiring, regularization of a of employment
status, or selection for retrenchment. Employers shall provide free reproductive health services and
education to workers.
Capability building of community-based volunteer workers: Community-based workers undergo
additional and updated training on the delivery of reproductive health care services shall receive not
less than 10% increase in honoraria upon successful completion of training.
Prohibited Acts
The law also provides for penalties for persons who perform certain prohibited acts such as the following
 knowingly (with malicious intent) withholding or impeding the dissemination of information about
the programs and services provided for in this Act or intentionally giving out incorrect information;
 refusing to perform voluntary ligation and vasectomy and other legal and medically-safe reproductive
health care services on any person of legal age on the ground of lack of spousal consent or authorization;
 refusing to provide reproductive health care services to an abused minor and or an abused pregnant
minor, whose condition is certified to by an authorized DSWD official or personnel, even without
parental consent particularly when the parent concerned is the perpetrator;
 refusing to extend reproductive health care services and information on account of the patient's civil
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 religious grounds shall be
respected: Provided, further, 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 who is
conveniently accessible: Provided, finally, that the patient is not in an emergency 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 serious cases; and
 Requiring a female applicant or employee, as a condition for employment or continued employment,
to involuntarily undergo sterilization, tubal ligation, or any other form of contraceptive method.
Legislating RH
The road to the enactment of the RH Law was a painstaking path. The main blockade was the
constitutional provision, particularly that provided in Article II, Section 12 ot the 1987
Constitution
which mandates that:
The State recognizes the sanctity of life...It shall equally protect the life of the mother and the life
of the
unborn from conception."
In this regard, the 1987 Constitution itself mandates that the Philippine Government must
recognize the
importance of life and protect the life of the mother and unborn.
Inasmuch as artificial family planning methods (i.e., TUDs, condoms) are labeled as anti-life" and
against conception, these are interpreted to be against the sanctity of life- making them contrary to the
said fundamental law of the land. In addition, these "pro-life groups strongly advocate the use of
natural
methods (ie., abstinence, calendar methods).
On the other hand, advocates of the RH Law counter this concept of proliferating abortion or
abortifacient products by scientific findings which claimed otherwise.
What these debates are missing out is clearly the spirit of the law-to allow women to choose freely
whatever method of family planning is fit and appropriate to them. Claiming that one is better as
compared to the other delimits these supposedly "free choice" that women truly deserve.
The long political battle
The RH Law. which was finally enacted in 2012, was a product of a 14-year struggle. After it’s
enactment, lobbyists of this law thought that victory was already achieved. However, in March
2013,
the law was challenged before the SC of the Philippines, delaying implementation. A year after,
the law
was held to be valid, except for clauses therein,, that allowed minors to access reproductive
health
services without the written consent of a guardian and penal measures for government officials
who did
not implement the law.
In 2015, a further temporary restraining order (TRO) issued again by the nation's SC revented the Food
and Drug Administration (FDA) of the Philippines from procuring distributing, or issuing new
certificates of product registration on more than 50 different contraceptives, allowing many licenses to
eventually expire.
The TRO was launched after the FDA registered a contraceptive implant called Implanon, which
accordingly, could be used to induce abortion. Two (2) years after the said TRO, the FDA then certified
that Implanon and Implanon NXT are not abortifacients.
With the TRO finally lifted, the Department of Health now freely distributes contraceptives to their
regional offices and to various NGOs.