No. 21 September 20, 2011

REPUBLIC OF THE PHILIPPINES
Senat:e
Pasay City
Journal
SESSION NO. 21
Tuesday, September 20, 2011
FIFTEENTH CONGRESS
SECOND REGULAR SESSION
SESSION NO. 21
Tuesday, September 20,20 II
CALL TO ORDER
At 3:25 p.m., the Senate President, Han. Juan
Ponce Enrile, called the session to order.
PRAYER
Sen. Edgardo J. Angara led the prayer, to wit:
Almighty Father, as we deliberate on
the country's national budget, give us the
strength of conviction and the foresight to
be steadfast and single-minded in making a
budget that will produce decent growth and
jobs, as well as promote good health and
education for our people.
Amen.
ROLL CALL
Upon direction of the Chair, the Secretary of the
Senate, Atty. Emma Lirio-Reyes, called the roll, to
which the following senators responded:
Angara, E. J.
Arroyo, J. P.
Cayetano, P. S.
Defensor Santiago, M.
Drilon, F. M.
Ejercito Estrada, J.
Enrile, J. P.
Escudero, F. J. G.
Honasan, G. B.
Lacson, P. M.
Lapid, M. L. M.
Legarda, L.
Marcos Jr., F. R.
Pangilinan, F. N.
Pimentel III, A. L.
Recto, R. G.
Revilla Jr., R. B.
Sotto III, V. C.
Trillanes IV, A. F.
Villar, M.
With 20 senators present, the Chair declared
the presence of a quorum.
Senators Cayetano (A), Guingona and Osmefla
arrived after the roll call.
At this juncture, Senate President Enrile
relinquished the Chair to Senate President Pro
Tempore Ejercito Estrada.
APPROVAL OF THE JOURNAL
AS CORRECTED
Upon motion of Senator Satta, there being no
objection, the Body dispensed with the reading of the
Journal of Session No. 20 (September 19,2011), and
considered it approved, subject to the following
corrections of Senator Drilon on the third to the last
paragraph on page 326:
1. After the word "prosecutor," delete the phrase
"asks to have the information withdrawn, the
court would have to act,' and in lieu thereof,
insert the phrase MOVES TO REINVESTI-
GATE BEFORE ARRAIGNMENT;
2. On the next sentence, after the word "reinvesti-
gation," delete the comma (,), the phrase
"depending on the stage of the proceedings,"
and the comma (,) thereafter; and
3. After the word "necessary," add the new
sentence THE COURT'S PERMISSION IS
NECESSARY DEPENDING ON THE STAGE
OF THE PROCEEDINGS.
ACKNOWLEDGMENT
OF THE PRESENCE OF GUESTS
At this juncture, Senator Sotto acknowledged the
presence in the gallery of students from the PROBEX
School of Malabon and delegates from the Liga ng
mga Barangay of Pililla, Rizal.
330
The Senate President Pro Tempore welcomed
the guests to the Senate.
REFERENCE OF BUSINESS
The Secretary of the Senate read the following
bills and resolutions which the Chair referred to the
committees hereunder indicated:
BILLS ON FIRST READING
Senate Bill No. 2967, entitled
AN ACT ESTABLISHING A NATIONAL
INTERNSHIP PROGRAM, PROVID-
ING FUNDS THEREOF AND FOR
OTHER PURPOSES
Introduced by Senator Marcos Jr.
To the Committees on Civil Service and
Government Reorganization; and Finance
Senate Bill No. 2968, entitled
AN ACT PROVIDING ASSISTANCE
TO FRESH GRADUATES BY
WAIVING GOVERNMENT FEES
AND CHARGES COLLECTED IN
CONNECTION WITH REQUIRE-
MENTS FOR EMPLOYMENT
Introduced by Senator Villar
To the Committee on Civil Service and
Government Reorganization
RESOLUTIONS
Proposed Senate Resolution No. 599, entitled
RESOLUTION COMMENDING SHAMCEY
G. SUPSUP FOR HONORING THE
PHILIPPINES WITH A THIRD
RUNNER-UP FINISH IN THE 201 I
MISS UNIVERSE PAGEANT, AND
FOR DEMONSTRATING BEFORE
THE WORLD, THE BEAUTY AND
INTELLIGENCE OF FILIPINO
WOMEN
Introduced by Senator Pimentel III
To the Committee on Rules
TUESDAY, SEPTEMBER 20. 2011
Proposed Senate Resolution No. 600, entitled
RESOLUTION DIRECTING THE COM-
MITTEE ON AGRICULTURE AND
FOOD TO LOOK INTO THE
PROGRAMS IMPLEMENTED BY THE
DEPARTMENT OF AGRICULTURE IN
2010 IN VIEW OF NEWS REPORTS
OF FUND RELEASES AMOUNTING
TO P7.5B ALLOCATED FOR THE
CONSTRUCTION OF FARM TO
MARKET ROADS
Introduced by Senator Pangilinan
To the Committee on Agriculture and Food
MANIFESTATION OF SENATOR DRILON
Anent Proposed Senate Resolution No. 600,
Senator Drilon disclosed that the Oversight Committee
on Public Expenditures (OCPE) has been investigating
quietly on the P7A billion farm-to-market projects of
the Department of Agriculture in 2010 which, in the
course of the investigation, was discovered to have
been released months before the 20 I 0 election,
specifically from January, February, and March, and
after the elections up to June 30. Given the magnitude
of the funds involved, he informed the Body that
the OCPE has ordered I) an investigation as to how
the funds were allocated and disbursed; and 2) an
ocular inspection of representative projects
to ascertain if indeed they exist. He said that the
OCPE was now in the process of conducting a final
evaluation of the evidence that were gathered, the
initial finding of which showed that there were,
indeed, anomalies.
Senator Drilon expressed the need to find out if
public money was well spent or just wasted, as well
as to fix responsibility and accountability for any
irregularities attendant thereto. He said that he would
tile the appropriate resolution and avail of the privilege
hour the following week to ask for an investigation,
in aid of legislation, of the anomalous transactions.
To avoid a duplication of the investigation as a
consequence of Proposed Senate Resolution No. 600
and his resolution and privilege speech next week,
Senator Drilon requested Senators Satta and Pangilinan
to consider two options: I) to refer Proposed Senate
Resolution No. 600 to the Committees on Account-
ability of Public Officers and Investigations (Blue Ribbon
'r
TUESDAY, SEPTEMBER 20, 2011
Committee); Agriculture and Food; and Finance; or
2) upon filing of his resolution on the same issue,
which will be within the jurisdiction of the Blue
Ribbon Committee, that a joint investigation be
conducted by the Blue Ribbon Committee and the
Committee on Agriculture and Food,
Replying thereto, Senator Pangilinan expressed
no objection to refer Proposed Senate Resolution
No, 600, along with the resolution and the privilege
speech of Senator Drilon the following week, to the
Committees on Accountability of Public Officers and
Investigations; Agriculture and Food; and Finance
Upon motion of Senator Sotto, there being no
objection, the Chair referred Proposed Senate Resolu-
tion No, 600 to the Committees on Accountability of
Public Officers and Investigations; Agriculture and
Food; and Finance,
REFERENCE OF BUSINESS
( Continuation)
Proposed Senate Resolution No, 60 I, entitled
RESOLUTION URGING THE COMMIT-
TEES ON TRADE AND COMMERCE;
AND HEALTH AND DEMOGRAPHY
TO CONDUCT AN INQUIRY, IN AID
OF LEGISLATION, TO INQUIRE ON
THE AVAILABILITY, REASONABLE
PRICING AND ACCESSIBILITY
OF CURRENT DENGUE TESTS KITS
TO THE MARKET WITH THE END
IN VIEW OF REDUCING DENGUE
EPIDEMICS IN THE COUNTRY
Introduced by Senator Villar
To the Committees on Trade and Commerce;
and Health and Demography
Proposed Senate Resolution No, 602, entitled
RESOLUTION EXPRESSING THE SENSE
OF THE SENATE FOR THE DEFER-
MENT OF THE IMPLEMENTATION
TO INCREASE THE FARES OF THE
LIGHT RAIL TRANSIT (LRT) AND
METRO RAIL TRANSIT (MRT) AND
TOLL FEES IN THE COUNTRY'S
EXPRESSW A YS
Introduced by Senators Villar, Arroyo and Recto
331
To the Committee on Rules
Upon their request, Senators Honasan, Trillanes,
Legarda, Escudero, Ejercito Estrada, Revilla and
Sotto were made coauthors of Proposed Senate
Resolution No, 602,
COMMUNICATION
Letter from the Food and Nutrition Research Insti-
tute, Department of Science and Technology,
furnishing the Senate with a copy of the 20 I 0
FNRI Annual Report
To the Committee on Science and Technology
PROPOSED SENATE RESOLUTION NO_ 594
objection, the Body considered Proposed Senate
Resolution No, 594, entitled
RESOLUTION COMMENDING FR,
PIERRE TRITZ, SJ IN RECOGNITION
OF HIS NOBLE DEEDS AND
DEVOTING SIXTY YEARS OF
SELFLESS SERVICE IN HELPING
DISADVANTAGED FILIPINO
CHILDREN GO TO SCHOOL AND
GIVING THEM OPPORTUNITIES TO
HA VE BETTER LIVES,
With the permission of the Body, only the title of
the resolution was read without prejudice to the
insertion of its full text into the Record of the Senate,
SPONSORSHIP SPEECH
OF SENATOR PANGILINAN
Senator Pangilinan presented to the Body Proposed
Senate Resolution No, 594, entitled "Resolution Com-
mending Fr, Pierre Tritz, SJ in recognition of his noble
deeds and devoting sixty years of selfless service in
helping disadvantaged Filipino children go to school and
giving them opportunities to have better lives," He
then proceeded to pay tribute to Fr, Tritz, a French-
born Jesuit who came to the Philippines in 1950 to
work full time with children in poor communities,
He stated that Fr, Tritz established the Educational
Research and Development Assistance Foundation
(ERDA) and has helped children at risk and children-
in-conflict with the law go to school and earn degrees;
he has remained active and continues to help children
in poor communities achieve their dreams,
P r
332
Finally, Senator Pangilinan sought the support of
his colleagues and the approval of the resolution
commending Fr. Tritz, a naturalized Filipino with a
big heart for the Filipino children, for his generous
service to the people.
ADOPTION OF PROPOSED
SEN A TE RESOLUTION NO. 594
objection, Proposed Senate Resolution No. 594 was
adopted by the Body, subject to style.
COMMITTEE REPORT NO. 51
ON SENATE BILL NO. 2875
(Continuation)
objection, the Body resumed consideration, on Second
Reading, of Senate Bill No. 2875 (Committee Report
No. 51), entitled
AN ACT PROVIDING FOR SECURITY
OF TENURE FOR ALL CASUAL
AND CONTRACTUAL EMPLOYEES
OF THE GOVERNMENT WHO HAVE
RENDERED AT LEAST FIVE (5)
YEARS OF CONTINUOUS SERVICE
IN THE CASE OF NATIONAL
GOVERNMENT AGENCIES AND
TEN (10) YEARS OF CONTINUOUS
SERVICE IN THE CASE OF LOCAL
GOVERNMENT UNITS AND FOR
OTHER RELATED PURPOSES.
Senator Sotto said that the parliamentary status
of the bill was the period of interpellations.
Thereupon, the Chair recognized Senator Trillanes,
sponsor of the measure, and Senator Arroyo for his
interpellation.
INTERPELLATION OF SENATOR ARROYO
Asked by Senator Arroyo whether the intent of
the bill is to give recognition to contractual and casual
employees with five or more years of service by
giving them permanent status, Senator Trillanes replied
in the affirmative.
Asked whether employees in the private sector
are given the same rights, Senator Trillanes replied
that workers in the private sector are granted a six-
month probation period before they become pennanent.
The Chair disclosed that the Committee on Labor,
Employment and Human Resources Development
has already conducted a series of hearings regarding
the contractualization problem, but would be scheduling
again another hearing next month.
Senator Arroyo expressed hope that it would
lead to the same goal as the bill of Senator Trillanes
for contractual and casual government employees.
The Chair said that all the stakeholders will still
have to be heard.
TERMINATION OF THE PERIOD
OF INTERPELLATIONS
There being no further interpellation, upon motion
of Senator Sotto, there being no objection, the Body
closed the period of interpellations.
SUSPENSION OF CONSIDERATION
OF SENATE BILL NO. 2875
objection, the Body suspended consideration of the bill.
COMMITTEE REPORT NO. 49
ON SENATE BILL NO. 2865
(Continuation)
objection, the Body resumed consideration, on Second
Reading, of Senate Bill No. 2865 (Committee Report
No. 49), entitled
AN ACT PROVIDING FOR A NATIONAL
POLICY ON REPRODUCTIVE
HEALTH AND POPU LA TlON
DEVELOPMENT.
Senator Sotto said that the parliamentary status
was still the period of interpellations.
Thereupon, the Chair recognized Senators Cayetano
(P) and Defensor Santiago, cosponsors, and Senator
Sotto for the continuation of his interpellations.
SUSPENSION OF SESSION
Upon motion of Senator Sotto, the session was
suspended.
It was 3:45 p.m.
RESUMPTION OF SESSION
At 3:53 p.m., the session was resumed.
T'UESDA Y. SEPTEMBER 20. 2011
INTERPELLATION OF SENATOR SOTTO
(Continuation)
333
Preliminarily, Senator Sotto recalled that in the first part of his interpellation on Senate Bill No. 2865, he pointed
out the goals and features of the bill and compared the same with those of current laws like the Magna Carta of
Women and the Child and Youth Welfare Code, starting with the provision on saving the lives of the mother and
the unborn, in an effort to point out the redundancy in the instant bill.
Proceeding to the third feature of the bill which addresses HIV and other sexually transmitted diseases (STDs),
Senator Sotto believed that said provisions, specifically Sections 4 and II, are no longer necessary considering that
the same had been addressed in laws like R.A. No. 971 0 (Magna Carta of Women) and R.A. No. 8504 (Philippine
Aids Prevention and Control Act of 1998).
Thereafter, Senator Sotto presented the following comparative table showing the provisions of existing laws
which he believed are practically the same as the provisions of the bill on HIV and other sexually transmitted
diseases.
RH BILL OBJECfIVES
Objective,,,
I. Save tlte
lives l!f tile
nwliler atlll
tlte U"hOT"_
PERTINENT PROVISIONS
SECTION 4(R) Reproductive
Health Care - the access to a full
range of methods. techniques, faci-
lities and services that contribute to
reproductive health and well being
by preventing and solving reproduc-
tive 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:
I. maternal, infant and child health
and nutrition including breast-
feeding
2, tlunily planning information and
services;
3. prevention of abortion and
management of abortion
complications;
4. adolescent and youth reproduc-
tive health;
5. prevention and management
of reproductive tract infections
(RTls), HIV and AIDS and other
sexually transmittable infec-
tions (ST Is);
6. elimination of violence against
women;
7. education and counseling on
sexual ity and sexual health;
RELATED LAWS, PRESIDENTIAL DECREES
ADMINISTRATIVE ORDERS, EXECUTIVE
ORDERS AND GOVERNMENT PROGRAMS
1-) RA. 9710 - An act providing for Magna
Carta of Women
Section 17. Women's Rigllt to Hellltit. -
Access to the following services shall be
ensured:
(I) Maternal care to include pre- and post-
natal services to address pregnancy and
infant health and nutrition;
(2) Promotion of breastfeeding;
(3) Responsible, ethical, legal, safe, and
effective methods of family planning;
(4) Family and State collaboration in youth
sexuality education and health services
without prejudice to the primary right and
duty of parents to educate their children;
(5) Prevention and management of reproduc-
tive tract infections, including sexually
transmitted diseases, HIV, and AIDS;
(6) Prevention and management of reproduc-
tive tract cancers like breast and cervical
cancers, and other gynecological condi-
tions and disorders;
(7) Prevention of abortion and management
of pregnancy-related complications;
(8) In cases of violence against women and
children, women and children victims and
survivors shall be provided with compre-
hensive health services that include
psychosocial, therapeutic, medical, and
334
RH BILL OBJECTIVES PERTINENT PROVISIONS
8. treatment of breast and
reproductive tract cancers and
other gynecological conditions
and disorders;
9. male responsibility and participa-
tion in reproductive health; and
10. prevention and treatment of
infertility and sexual dysfunc-
tion.
legal interventions and assistance towards
healing, recovery, and empowennent;
(9) Prevention and management of infertility and
sexual dysfunction pursuant to ethical norms
and medical standards;
(10) Care of the elderly women beyond their child-
bearing years; and
(II) Management, treatment, and intervention of
mental health problems of women and girls.
In addition, healthy lifestyle activities are
encouraged and promoted through programs
and projects as strategies in the prevention
of diseases.
2,) R.A. 8504 - Philippine AIDS Prevention
and Control Act of 1998
Section 2. Declaration of Policies.-
Acquired Immune Deficiency Syndrome (AIDS)
is a disease that recognizes no territorial, social,
political and economic boundaries for which
there is no known cure. The gravity of the AIDS
threat demands strong State action today. thus:
(a) The State shall promote public awareness
about the causes, modes of transmission,
consequences, means of prevention and
control of HIV/AIDS through a comprehen-
sive nationwide educational and information
campaign organized and conducted by the
State. Such campaigns shall promote value
formation and employ scientifically proven
approaches, focus on the family as a basic
social unit, and be carried out in all schools
and training centers, workplaces, and
communities. This program shall involve
affected individuals and groups, including
people living with HIV/AIDS.
(b) The State shall extend to every person
suspected or known to be infected with HIV/
AIDS full protection of his/her human rights
and civil liberties. Towards this end:
(I) compulsory HIV testing shall be con-
sidered unlawful unless otherwise provided
in this Act;
(2) the right to privacy of individuals
with HIV shall be guaranteed;
(3) discrimination. in all its forms and
subtleties, against individuals with HIV or
persons perceived or suspected of having
RH BILL OBJECTIVES PERTINENT PROVISIONS RELATED LAWS, PRESIDENTIAL DECREES
HIV shall be considered inimical to
individual and national interest; and
(4) provision of basic health and social
services for individuals with HIV shall be
assured.
(c) The State shall promote utmost safety and
universal precautions in practices and
procedures that carry the risk of HIV
transmission.
(d) The State shall positively address and
seek to eradicate conditions that aggravate
the spread of HIV infection, including but
not limited to, poverty, gender inequality,
prostitution, marginalization, drug abuse
and ignorance.
(e) The State shall recognize the potential
role of affected individuals in propagating
vital infonnation and educational messages
about HIV/AIDS and shall utilize their
experience to warn the public about the
disease.
3.) Republic Act No. 9262 - Anti Violence
against Women and Children
SECTION 2. Declaration of Policy. - It
is hereby declared that the State values the
dignity of women and children and guarant-
ees full respect for human rights. The State
also recognizes the need to protect the family
and its members particularly women and
children, from violence and threats to their
personal safety and security. Towards this
end, the State shall exert efforts to address
violence committed against women and
children in keeping with the fundamental
freedoms guaranteed under the Constitution
and the Provisions of the Universal Declara-
tion of Human Rights, the Convention on the
Elimination of All Forms of Discrimination
Against Women, Convention on the Rights
of the Child and other international human
rights instruments of which the Philippines
is a party.
335
336 TUESDAY. SEPTEMBER 20. 20 II
Senator Solto noted that except for the abbreviations, Section 17(5) of R.A. No. 9710 is practically the same
as Section 4(5) of the bill while Section 2 of R.A. No. 8504 and Section 2 of R.A. No. 9262 are more
comprehensive and elaborate V l ~ ' a vis the bill's Section 4(5) and (6). Thereafter, Senator Sotto stated that he would
submit document to Senator Cayetano (P) to cut short his interpellation.
Senator Saito also pointed out how Section II of the bill is already addressed m Sections 22 and 23 of
Article IV of RA. No. 8504 as shown in the following table:
SECTION I L 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 shall be
given the maximum benefits as
provided by PhilHealth programs.
I.) Republic Act 8S(}4 - Aids Prevention
and Control Act of 1988
ARTICLE IV
HEALTH ANDSVPPORT SERVICES
SECTION 22. Hospital-Based Services.
- Persons with HIV/AIDS shall be afforded
basic health services in all government
hospitals, without prejudice to optimum care
which may be provided by special AIDS
wards and hospitals.
SECTION 23. Community-Based Services.
- Local Government units, in coordination
and in cooperation with concerned govern-
ment agencies, non-government organizations,
persons with HIV/AIDS and groups most at
risk of HIV infection shall provide community-
based HIV/AIDS prevention and care
services.
SECTION 26. Insurance for Person
with HIV. - The Secretary of Health, in
cooperation with the Commission and other
public and private insurance agencies, shall
conduct a study on the feasibility and
viability of setting up a package of insurance
benefits and, should such study warrant it,
implement an insurance coverage program
for persons with HIV. The study shall be
guided by the principle that access to health
insurance is part of an individual's right to
health and is the responsibility of the State
and of society as a whole.
Senator Cayetano (P) explained that in legal
practice, the Senate reproductive health bill is called
lex e.lpecialis which literally means a special law
which, in this case, would govern all aspects of
reproductive health, and that necessarily other
policies and laws on various issues would also be
covered in the RH bill, She said that it would be
absurd to exclude HIV and other sexually trans-
missible diseases from the enumeration of the
reproductive health issues for the simple reason that
there are other existing laws thereon, If that were
the case, she opined that the bill would not be as
comprehensive as it ought to be.
For emphasis, Senator Cayetano (P) adverted to
the hearing that was recently conducted on child
support which is already mandated and covered by
the Family Code, the Child and Youth Welfare Code,
the Anti-Violence Against Women and the Children
Act of 2004 as well as by international agreements,
She said that the bill on child support was still
heard and explored as well as other bills covering
identical topics in order to ensure that all the needs
are addressed, Further, she recalled that she has
sponsored another bill on PhilHealth, particularly
Senate Bill No, 2849, where there was reference
to reproductive health, She said that the existence
of a similar provision in a law was never used as a
reason not to pursue another bill which incidentally
tackles the same subject matter, She stressed
that while there are provisions in the bill that are
similar to those of existing laws, the former is so
comprehensive that not even the Magna Carta of
Women can take its place,
Assuming, for the sake of argument, that the bill
is redundant, Senator Defensor Santiago argued that
there should be no opposition to it since it is already
in the books, The contention, she pointed out, is that
contraceptives have been made available; that
administrative issuances of different departments and
LGUs provide reproductive health services that the
bill seeks to offer to women, She maintained that
there is still need for the bill as it gives teeth to
existing laws that are merely general policy statements,
She stressed that the bill is needed to institutionalize
a nationwide and comprehensive law on responsible
parenthood, reproductive health and perhaps, popula-
tion and development. At present, she noted, the
policies have been intermittently implemented, subject
to the biases of the changing administration, She
stated that there were Presidents who were pro-RH,
anti-RH or just neutral but precisely, she argued that
337
there is need for the law so that the President would
not have the discretion to change the national
RH policy,
Further, Senator Defensor Santiago stressed that
there has to be consistency in pursuing a national
policy on reproductive health and family planning,
where in the past, there was none, It should not be
dependent, she said, on the changing idiosyncrasies
and preferences of leaders of administrations as
well as those of the LGUs,
In addition, Senator Defensor Santiago believed
that a national policy on reproductive health cannot
be devolved to the LGUs precisely because they
need guidance from the national government and
they do not have the requisite expertise and funding
for its full implementation,
As to the availability of contraceptives, Senator
Defensor Santiago argued that while they may be
available in the drugstores, the poor do not have
access to them as there is still a need for a massive
information campaign to educate the parents,
As to the argument that state support for
reproductive health has already been establ ished in
other laws such as the Magna Carta of Women,
Senator Defensor Santiago contended that the bill
has several other provisions crucial to its implement-
ation and effectivity which are not included in the
said laws such as the provisions giving PhiliHealth
benefits for serious and life-threatening reproductive
health conditions, the procurement and distribution
offamily planning supplies, penalizing public officials
who prohibit or restrict the delivery of RH care
services, etc, She stressed that the RH bill is
consistent with the policies of the Magna Carta of
Women since both aim to protect, respect and fulfill
the rights of women and both implement human
rights treaties to which the Philippines is a party
and are now part of the law of the land, She argued
that not including a major concern for women such
as reproductive health would be a grievious omission
on the part of the lawmakers,
Senator Defensor Santiago stated that Section 7
(Access fo Family Planning Methods) of the bill
cannot be found in any existing law in the country
and it is the very core ofthe bill- to provide a poor
woman or a married couple information on a full
range of family planning methods and give them the
freedom to choose or not to choose according to
. J I I ' ~
338
their conscience, She expressed surprise that there
had been such a heated debate about it. She noted
that all other laws are reflections of or are similar to
previous laws but the issue of redundancy has never
been raised as a point in legislative debate, She said
that it is all right if bills or provisions in the laws are
repetitive or redundant because it is the nature of
legislation,
Senator Defensor Santiago explained that
Section 9 of the bi II, like Section 7, is the heart of the
measure because it provides that when a government
hospital buys drugs and medicines, it must include
contraceptives, IUDs, injectables and other safe, legal
and effective family planning products so that these
would be readily available to poor women or patients.
Furthennore, on the issue of human rights, Senator
Defensor Santiago stated that today, the Philippines
is a state party to many human rights documents like
the Tehran Proclamation and the Conference on the
Elimination of Discrimination Against Women
(CEDA W) but she wondered whether people really
understand what human rights are as well as the
horizontal development and vertical development in
the said field. She said that horizontal development
means protecting the person from others in his
environment within his state while vertical development
means that other states have the right to protect the
individual even within a certain state which seems
to violate the principle of state sovereignty.
In this regard, she pointed out that the Philippine
government had already signed several international
agreements, treaties and conventions which it is
bound to follow. She asked what would happen if
the Philippines failed to pass the RH bill that it
promised to fulfill as a sovereign nation. Thus, she
reasoned, the bill is needed so that the country would
not be viewed as a rogue state in international law
and be held accountable to the United Nations.
Senator Sotto pointed out that the bill has gene-
rated so much controversy and divisiveness because
it seeks to prescribe the use of contraceptives as a
national pol icy.
But Senator Cayetano (P) argued that until men
recognize that women are being deprived of reliable
information on reproductive health and family planning,
there would always be a divide. She pointed out that
there are women and men who would be willing to
fight for the rights of women.
TUESDAY, SEPTEMBER 20.2011
Senator Sotto reiterated that the bill should not tie
. the hands of the future leaders of the country by
having a policy prescribing contraceptives. He said that
if the issue is only to provide or disseminate inform-
ation to women, there is no need for the proposed Act.
On Section 3, specifically access to different
family planning methods, Senator Sotto drew attention
to the following issuances/laws which contain similar
provisions:
Executive Order No. 20080029, Imple-
menting Health Reform for Rapid
Maternal and Neo-Natal Mortality;
Republic Act No. 7875 or the National
Health Insurance Act of 1995;
Republic Act 9502 or the Cheaper
Medicine Act;
Executive Order No. 453, Directing the
Enrolment of2.5 million Indigent Families
Pursuant to E.O. 276;
Executive Order No. 2020 I 000 I 10 or
the Revised Policy on Micro-Nutrient
Supplementation to Support Achievement
of2015 MDG Targets to Reduce Under
Five and Maternal Deaths and Address
Micro-Nutrients Needs of Other Popula-
tion Groups;
Botika ng Barangay Program of the DOH;
Presidential Decree No. 79, Revising the
Population Act of 1971;
Republic Act No. 9710 or the Magna
Carta of Women and its Implementing
Rules and Regulations;
PhilHealth circulars, policies, regulations,
guidelines;
Administrative Order Implementing
Health Reforms For Rapid Reduction of
Maternal and Neonatal Mortality; and
Conditional Cash Transfer Program of
the DSWD.
Senator Sotto pointed out that said laws and
regulations such as PD 79 (Revising the Population
Act of 1971); RA 9610 (Magna Carta of Women
and its Implementing Rules and Regulations),
PhilHealth circulars, policy regulations and guidelines,
Administrative Orders implementing health reforms
for rapid reduction of maternal and neonatal mortality
and the CCT program of the DSWD contain the
most number of provisions related to access to
different family planning methods.
339
Thereupon, he adverted to Section 17 (Women's Right to Health) of RA 9710 which states that "the State
shall at all times provide for a comprehensive culture sensitive and gender responsive health services and programs
covering all stages of a woman's life cycle and which addresses the major causes of women's mortality and
morbidity, provided that in the provision for comprehensive health services due respect shall be accorded to
women's religious convictions, and the right to spouses to found a family in accordance with their religious
convictions."
He also cited the similarities between PD 603 (The Child and Youth Welfare Code) Art, II (Promotion of
Health), and Section 3(d) of Senate Bill No, 2865,
(D) The provision of medically-
safe, accessible and affordable and
quality reproductive health care
services is essential in the
promotion of people's right to
health and shall be incorporated as
a component of primary health care,
\, AO 2008-0029 - MNCHN
The integrated MNCHN services shall
consist of clinical and public health
interventions for women and children that
shall be delivered through a seamless
continuum of care that shall include pre-
pregnancy care, ante-natal care, care during
delivery and postpartum and postnatal care.
A. Pre-Pregnancy Services
i. Provision of correct information
and responsive counseling for fertility
awareness, maternal nutrition, birth spacing
and adolescent reproductive health;
ii. Active identification and servic-
ing of popUlation segments with unmet
needs for family planning and referral to
alternative sources of services and supplies
when these are not available in one's
service outlet or facility;
iii. Assurance of a safety net of free
family planning services and supplies for
indigent potential users;
iv. Provision of other basic and
essential services for young females and
women in the reproductive age.
2.) REPUBLIC ACT NO, 7875-NATIONAL
HEALTH INSURANCE ACT OF 1995
ARTICLE III
SEC. 5. Establishment and Purpose. -
There is hereby created the National Health
Insurance Program which shall provide health
insurance coverage and ensure affordable,
acceptable, available and accessible health
care services for all citizens of the Philippines,
in accordance with policies and specific
provisions of this Act.
"r
340
RH BILL O&JECTIVES PERTINENT PROVISIONS
TUESDAY. SEPTEMBER 20, 2011
3.) EXECUTIVE ORDER NO. 452 -
DIRECTING THE ENROLLMENT OF
2.5 MILLION INDIGENT FAMILIES
PURSUANT TO E.O. 276 S. 2004 AND
FOR OTHER PURPOSES
Whereas, Republic Act No. 7875, as
amended, otherwise known as the National
Health Insurance Act of 1995, established the
National Health Insurance Program (NHIP) to
be administered by the Philippine Health
Insurance Corporation (Philhealth) to
operationalize the aforesaid constitutional
mandate by providing health insurance
coverage and ensuring affordable, acceptable,
available and accessible health care services
for all citizens of the Philippines
4.) REPUBLIC ACT NO. 9502 - CHEAPER
MEDICINE ACT
SEC. 23. List of Drugs and Medicines
tlIat are Subject to Price Regulation. - The
list of drugs and medicines that are subject to
price regulation shall include, inter alia( c)
Drugs and medicines indicated for prevention
of pregnancy, e.g., oral contraceptives;
5.) A.O. 2010-0010 - REVISED POLICY
ON MICRONUTRIENT SUPPLEMENT-
ATION TO SUPPORT ACHIEVEMENT
OF 2015 MDG TARGETS TO REDUCE
UNDERFIVE AND MATERNAL DEATHS
AND ADDRESS MICRONUTRIENT
NEEDS OF OTHER POPULATION
GROUPS
Micronutrient supplements tbr 0-59 months
old children and pregnant and lactating
women.
6.) DOH Program - Botika ng Barangay
(BnB)
The BnB program aims to promote equity
in health by ensuring the availability and
accessibility of affordable, safe and effective,
quality, essential drugs to all, with priority for
marginalized, underserved, critical and hard to
reach areas.
TUESDAY, SEPTEMBER 20, 20 II
341
He pointed out that the authorities in charge of clinical and public health interventions would be held liable for
failing to deliver such services to the poor as these ought to be made available to aiL
He also asked how Section 23( c) of RA 9502 (Cheaper Medicines Act) passed the scrutiny of legislators as
it allows the sale of drugs and medicines indicated for the prevention of pregnancy,
Senator Sotto likewise noted similarities in the provisions of the bill and the family planning method provisions
in Section 4(h) of PO 79 (Revising the Population Act of 1971):
RH BILL OBJECfIVES PERTINENT PROVISIONS
(El The State will provide
access, without bias, all modem
methods of family planning which
have been proven safe and effec-
tive in accordance with scientific and
evidence-based medical standards
such as those set by the World
Health Organization (WHO),
DOH Programs
I. PO 79 POPCOM
Sec, 4
h) To provide family planning services as a
part of over-all health care;
i) To make available all acceptable methods
of contraception, except abortion, to all
Filipino citizens desirious of spacing,
limiting or preventing pregnancies.
2, Family Planning
Major Activities
II. Family Planning for the urban
and rural poor
Provision of FP services
VI. Contraceptive Interdependence Initiative -
Expansion of Phil Health coverage to
include health centers providing No
Scalpel Vasectomy and FP Itenerant
Teams
Expansion of Phil Health benefit
package to include pills, injectables
and IUD
Social Marketing of contraceptives
and FP services by the partner NGOs
National Funding/Subsidy
3, Safe Motherhood and Women's Health
Project
Objective: Demonstrating in selected sites
a sustainable model of delivering health
services that increases access of disadvan-
taged women to acceptable and high quality
reproductive health services and enables them
to safely attain their desired spacing and
number of children; and
342
RH BILL OBJECfIVES PERTINENT PROVISIONS
Section 7. Access to Family
Planning. - All accredited health
facilities shall provide full range of
modern family planning methods,
except in specialty hospitals which
may render such services on
optional basis. For poor patients,
such services shall be fully covered
by Phil Health Insurance andlor
government financial assistance.
After the use of any Phil Health
benefit involving childbirth and all
other pregnancy-related service
wherein the beneficiary wishes to
space or prevent her next preg-
nancy, PhilHealth shall pay for the
full cost of family planning for the
next three (3) years. The benefit
payments shall be channeled to
appropriate local or national
government health facilities.
1,) PRESIDENTIAL DECREE No, 79
Section 4, Purposes and Objectives.
The POPCOM shall have the following
purposes and objectives:
h) To provide family planning services as a
part of over-all health care;
o To make available all acceptable methods
of contraception, except abortion, to all
Fi lipino citizens desirious of spacing,
limiting or preventing pregnancies.
GAA 2011
Family Health and Responsible Parenting
-731,349,000.00
2,) R,A, 9710 Magna Carta of Women
Section 20, Women's Right to Health IRR
Inclusion of maternal care and women's
health services in its benefit packages (Phil-
Health)
4, PHILHealth Circulars and Policy
Guidelines:
January 13,2011 - Committee Hearing:
Dr. Israel Francis Pargas: Senior
Manager, Benefits and Research
Department, PhitHealth -
Sen. Cayetano: Let's start with the existing
programs and then proposed programs
and then if there are problems issues
that you see or you have.
Dr. Pargas: res Madam Chair. We have
issued circulars and policy
guidelines concerningfamity. And it's
actually one of those services covered
under our current maternity care
package which is being availed in
any part of the services covered under
our current maternity care package
ll/hich is being availed in any of our
accredited maternity and lying-in
clinics. So that's actually part of the
services in particular package that
we pay for this maternity care
planning
3,) AO 2008-0029 Strategy to rapidly reduce
maternal and neonatal mortality
TUESDAY. SEPTEMBER 20. 2011
Healtlt Financing - Application of
combined financing strategies using instru-
ments available through DOH and LOU
budgets, PhilHealth payments and other
funding sources. These sources shall finance
the acquisition of additional capacities and
maximize utilization of services particularly in
areas or population groups where maternal
and neonatal mortality is most severe,
PHILHEALTH
a. Intensity enrollment campaigns in local-
ities implementing the MNCHN strategy;
b. Facilitate the accreditation of facilities
involved in the MNCHN service delivery
network;
c. Assist facilities in improving the
management of claims, payments and
reimbursements; and
d. Strengthen existing benefit packages in
support of the MNCHN strategy
CCT PROGRAM of DSWD:
Which provides beneficiary households
with P500 subsidy a month for health and
nutrition expenses and P300 a month per child
for educational expenses. These grants will be
given upon the satisfaction of the following
conditions: I Pregnant women must get
prenatal care starting from the first trimester,
must have child-birth attended by skilled!
trained professional and get postnatal care
thereafter; Parents/guardians must attend
family planning sessions/mother's class,
parent-effectiveness service and others.
\. Children 0-5 years of age get regular
preventive health check-ups and vaccines.
343
344
Section 10 Procurement and
Distribution of Family Planning
Supplies, ~ The DOH shall spear-
head the efficient procurement,
distribution of to LOUs and usage-
monitoring of family planning
supplies for the whole country,
The DOH shall coordinate with all
appropriate LOU 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 ofreproduc-
tive 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.
ADMINISTRATIVE ORDERS, EXECUfIVE
\.) AO 2008-0029 MNCHN
Finance, Procurement and Materials
Management Services ~
a, Assist in the development of guidelines
for granting assistance to groups of
stakeholders involved in the implement-
ation of the strategy;
b. Facilitate process in transferring financial
resources to the regions and LOU's as
part of the overall grants and approach to
local health system development; and
c. Enhancing procurement and supply chain
management system of essential MNCHN
logistics.
LGUs
A. Adopt and implement the MNCHN
strategy;
R Reorganize staff to deliver the integrated
MNCHN services, in the context of the
health sector elements and goals;
C. Invest in the development offacilities and
staff to improve implementation of
MNCHN services;
D. Ensure adequate financing of MNCHN
service inputs by allocating budgets and
actively sourcing alternative financing
sources such as grants;
E Monitor and supervise local implement-
ation of the MNCHN;
F. Ensure sustainability of quality MCNHN
services in the locality.
2.) PRESIDENTIAL DECREE No. 79
Section 5. Duties and Functions of the
POPCOM. ~ The POPCOM shall have the
following duties and powers:
To employ physicians, nurses, midwives
to provide, dispense and administer all accept-
able methods of contraception to all citizens of
the Philippines desirious of spacing, limiting
or preventing pregnancies: Provided, That the
above mentioned health workers, except physi-
cians, for the purpose of providing, dispensing
and administering acceptable methods of contra-
ception, have been trained and authorized by
the POPCOM in consultation with the appro-
priate licensing bodies;
345
Senator Sotto expressed concern that Senate Bill No. 2865 might have been crafted to confonn to the demands
of the international community particularly since the government currently has a reproductive health program albeit
that does not prescribe artificial contraceptives, even though these are available.
RH BILL OBJECTIVES
6. Age and
development
appropriate
reproductive
health education
PERTINENT PROVISIONS
SECTION 13. Mandatory
Age-Appropriate Reproductive
Health and Sexuality Education.
-Age-appropriate Reproductive
Health and Sexuality Education
shall be taught by adequately
trained teachers in formal and non-
formal educational system starting
from Grade 5 using life-skills and
other approaches. Reproductive
Health and Sexuality Education
shall commence at the start of the
school year immediately following
one year from the effectivity of this
Act. The Department of Education
(DepEd), Commission on Higher
Education (CHED), TESDA, and
Department of Social Welfare and
Development (DSWD), and the
Department of Health (DOH) shall
formulate the RH and Sexuality
Education curriculum. Such curri-
culum shall be common to both
public and private schools, out of
school children, youth and adults
in the Alternative Learning System
(ALS) based on but not limited to
the following contents: Psycho-
Social Wellbeing, Legal and Ethical
aspects of RH, Demography and
RH and Physical Wellbeing. Age-
appropriate reproductive health and
sexuality education shall be inte-
grated in all relevant subjects and
shall include, but not limited to the
following topics:
V nlne.s formn/ioll
Knowledge and skills in self
protection against discrimina-
tion, sexual violence andabuse,
and teen pregnancy.
Physical, Social and Emotional
Changes in Adolescents
Children'S and women's rights
Fertility awareness
ST!, HIV and AIDS
\.) MAGNA- CARTA of WOM EN IRR
C. Comprehensive Health Information and
Education
3. Health education programs shall
include:
a. Age-appropriate adolescent health
and sexuality education taught by
trained educators in both public and
private schools. The lessons shall
emphasize responsibility and respect
for others as overarching principles
in sexual behavior, without prejudice
to the primary right of parents to
educate their children;
b. Sexuality education for parents for
them to be cooperators in adolescent
health education and to enhance
communication with their children;
c. Programs for the elderly in every bara-
ngay to promote and maintain their
well-being and social functioning;
d. Trainings for health service providersl
educators towards genderwresponsive-
ness, culture sensitivity, nondiscrimi-
nation and non-judgmental behaviors
and attitudes; and
e. Teen centers that will provide health and
sexuality education and counseling.
4. To promote health education,
concerned agencies shall perform the
following:
a. The DepEd shall:
i. Formulate standards and deve-
lop infonnation, education, communi-
cation, and advocacy strategies for
the integration of health and nutrition
concepts for women and girls in all
levelslcategories of schools;and'
ii. Provide support in the develop-
ment of innovative project, strategies
and approaches for women and girls
in learning institutions;
346

Population and development

Responsible relationship

Family planning methods

Proscription and hazards of
abortion
Gender and development
Responsible parenthood
The DepEd, CHED, DSWD,
TESDA, and DOH shall provide
concerned parents with 19 adequate
and relevant scientific materials on
the age-appropriate topics and
manner of teaching reproductive
health education to their children.
TUESDAY, SEPTEMBER 20. 2011
b. The CHED shall:
1. Ensure that state colleges,
universities, and private institutions
will integrate in their curriculum and
in CHED's accreditation system,
health education that is gender-
responsive, rights-based and culture-
sensitive;
ii. Encourage state colleges,
universities and private institutions
to conduct capacity building sessions,
such as gender-sensitivity and health
and sexuality education for school
personnel (faculty and nonteaching
staff) and students to promote
women's health;
iii Expand health services and
guidance counseling on youth sex-
uality in state colleges, universities,
and private institutions; and
iv. Promote and provide funds
for and disseminate research on
gender issues and concerns.
S. Government agencies with health-
related programs and services, including
nutrition, mental health and care for the
elderly are mandated to provide the
necessary education and information
relevant to their functions
2.) PRESIDENTIAL DECREE NO. 79
Section 4. Purposes and Objectives. ~
The POPCOM shall have the following
purposes and objectives:
eJ To make family planning a part ofa broad
educational program;
3.) R.A. No. 8504 ~ Philippine AIDS
Prevention and Control Act of 1998
EDUCATION AND INFORMATION
SECTION 4. HlVIAIDS Education in
Schools. ~ The Department of Education,
Culture and Sports (DECS), the Commission
on Higher Education (CHED), and the
Technical Education and Skill Development
Authority (TESDA), utilizing official inform-
ation provided by the Department of Health,
shall integrate instruction on the causes,
modes of transmission and ways of
preventing HIV/AIDS and other sexually
transmitted diseases in subjects taught in
public and private schools at intermediate
grades, secondary and tertiary levels,
including non-formal and indigenous learning
systems: Provided, that if the integration of
HIV/AIDS education is not appropriate or
feasible, the DECS and TESDA shall design
special modules on HIV/AIDS prevention and
control: Provided, further, That it shall not be
used as an excuse to propagate birth control
or the sale or distribution of birth control
devices: Provided, finally, That it does not
utilize sexually explicit materials,
Flexibility in the fonnulation and adop-
tion of appropriate course content, scope,
and methodology in each educational level or
group shall be allowed after consultations
with Parent-Teachers-Community Associa-
tions, Private School Associations, school
officials, and other interest groups, As such,
no instruction shall be offered to minors
without adequate prior consultation with
parents who must agree to the thrust and
content of the instruction materials.
All teachers and instructors of said HIVI
AIDS courses shall be required to undergo a
seminar or training on HIVIAIDS prevention
and control to be supervised by DECS, CHED
and TESDA, in coordination with Department
of Health (DOH), thereby they are allowed to
teach on the subject
4,) PD 603
The Child and Youth Welfare Code
Article \3, Social and Emotional
Growth - Steps shall be taken to insure the
child's healthy social and emotional growth,
These shall be undertaken by the home in
collaboration with the schools and other
agencies engaged in the promotion of chi Id
welfare,
5,) RA 9710 Magna Carta of Women
Family and State collaboration in youth
sexuality education and health services
without prejudice to the primary right and
duty of parents to educate their children;
347
348
TUESDA Y, SEPTEMBER 20, 20 II
Sec. 20 IRR
v. Enhance parent effectiveness services
and programs to include continuing
education on gender based violence
such as domestic violence, rape, incest,
prostitution, trafficking and other forms
of violence against women and girls in
every barangay;
SENATE BILL NO, 2865 REPUBLIC ACT 6615
AN ACT PROVIDING FOR A NATIONAL
POLICY ON REPRODUCTIVE HEALTH
AND POPULATION AND DEVELOP-
MENT
SEC. 18. Prohibited Acts. - The following
acts are prohibited:
(aJ Any healthcare service provider, whether
public or private, who shall:
2. Refuse to perfonn legal and medically-
safe reproductive health procedures on any
person of legal age on the ground of lack of
third party consent or authorization. In case
of married persons, the mutual consent of
the spouses shall be preferred, if the spouse
is present; Provided, That it is not an
emergency case or one which requires
immediate medical attention or procedure;
Provided, further, That in the absence of the
spouse or in case of disagreement of the
spouses, the decision of the one undergoing
the procedure shall prevail. In the case of
minors, the written consent of parents or
legal guardian, 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 8344; Provided, That
in the case of abused minors where parents
andlor other family members are the
perpetrators or suspects, as certified by the
DSWD, City or Municipal Social Welfare and
Development Office, no prior parental consent
shall be necessary. In all cases, the patient
has to be informed of the medical procedure
and its consequences;
AN ACT REQUIRING GOVERNMENT AND
PRIVATE HOSPITALS AND CLINICS TO
EXTEND MEDICAL ASSISTANCE IN
EMERGENCY CASES
SECTION 3. Any hospital director,
administrator, officer-in-charge or physician in
the hospital, medical center or clinic, who shall
refuse or fail without good cause to render the
appropriate assistance pursuant to the require-
ments of section one after said case had been
brought to his attention, or any nurse, midwife or
medical attendant who shall refuse to extend the
appropriate assistance, subject to existing rules,
or neglect to notify or call a physician shall be
punished by imprisonment of one month and
one day to one year and one day, and a fine of
three hundred pesos to one thousand pesos,
without prejudice to the provisions of Republic
Act Numbered Twenty-three hundred eighty-
two in the case of physicians.
In the case of Government hospitals, the
imposition of the penalty upon the person or
persons guilty of the violations shall be without
prejudice to the administrative action that might
be proper.
In the case of private hospitals, aside from
the imposition of penalty upon the person or
persons guilty of the violations, the license of
the hospital to operate shall, whenever justified,
be suspended or revoked.
'r
Senator Sotto staled that after making a thorough
comparison of the RH bill with existing laws,
presidential decrees, executive orders, administrative
orders and other government programs and policies,
he came to the conclusion that the bill was merely a
reiteration of existing laws and regulations.
Senato Sotto maintained that even without the
passage of the RH bill, the objectives of the pro-
ponents could be achieved through the effective and
efficient implementation of existing laws, presidential
decrees, executive orders, administrative orders and
various government programs and policies. He stated
that Congress already addressed reproductive health
and population development through various laws,
asserting that it is the duty of the Executive branch
to properly execute the same. He suggested that
provisions peculiar to the RH bill be either included
in the Implementing Rules and Regulations (IRRs) of
existing laws or incorporated in projects or programs
of appropriate government agencies.
On another matter, Senator Sotto thanked Senator
Cayetano (P) for furnishing him with a list of the
various groups and their resource persons that have
been lobbying or pushing for the passage of the
RH bill.
Upon query, Senator Cayetano (P) confirmed
that Linangan ng Kababaihan, Inc (Likhaan) was
one of the groups and it was headed by Dr. Junice
Melgar; but Likhaan does not conduct, promote or
support abortion. She explained that in the hearings,
none of the organizations expressed support for
ab0l1ion as it is prohibited by law.
At this juncture, Senator Sotto presented a video
clip showing an interview of Dr. Junice Melgar,
Likhaan president.
Dr. Melgar: "Eventually, we give them
information about safe abortion. We also
warned them about unsafe pregnancies.
We tell them."
Interviewer: "But do you know of service
providers, safe service providers who
would look after these poor women and
give them proper abortion?"
Dr. Melgar: "Yes. I think most women
NGOs have contacts. If you are really
pro-women, you wi II have contacts to
the services that are underground."
349
Senator Cayetano (P) stated that she has chaired
the Conferences on the Elimination of Discrimination
AgainstWomen in Geneva and was a participant in
various United Nation discussions where certain
topics, for instance, abortion, were discussed by
medical practitioners, experts and women. She said
that many women parliamentarians expressed horror
that safe abortion is not allowed in the Philippines
even as she pointed out that people across the world
have different views and while the Philippines chose
to see abortion as illegal, it does not change the fact
that some of them think otherwise. She surmised that
the concern of many women all over the world is no!
the abortion of a foetus but the death of women who
resort to an unsafe abortion which leaves their
children motherless. She opined that for women, it is
a difficult choice because the country has made
abortion illegal. But even if 500,000 women resorted
to illegal abortion, she said that the figure does not
make it right to legal ize it. She stressed the need to
address the reasons why women resort to abortion,
underscoring that talking about abortion is not a crime
and it is an option available to women in other countries.
Further, she said that while it is an option that some
Filipinos would like to hear, the mere mention of it
and its repercussion on women makes her nervous.
She echoed that the 500,000 abortions that took place
in the country is precisely the reason why the bill is
being pushed-to provide women with access to inform-
ation and contraceptives so that they do not even get
pregnant and do not have to get to the point where
they have to ask themselves whether to have an
abortion or not. In this regard, she recalled the state-
ment of Senate President Enrile that if the objectives
of the bill truly happen, then it would have accom-
plished its purpose and there would be no more
abortions. If that happens, she surmised that it would
be a success not just for women but for the country
to totally eliminate abortions that are happening daily.
Asked by Senator Sotto on the source of the
figure that 500,000 women resorted to abortion,
Senator Cayetano (P) replied that she would provide
the detai Is as soon as they are made available.
On whether the 500,000 abortions were spontane-
ous or induced, Senator Cayetano (P) replied that all
were induced as she disclosed that herbal concoctions
to induce abortion are sold right in front of Baclaran
Church. She stressed that regardless of the figure,
they have to deal with the problem, discuss it and
eventually pass the RH bill so that women would not
resort to abortion anymore.
350
Senator Sotto informed the Body that he would
address the problem of abortion at a later time, and
that he would present a study which concludes that
there will be more abortions with contraception, He
argued that regardless of the number of abortions,
whether safe or unsafe, abortion is still illegal in the
Philippines. He asked whether the Department of
Health, the FDA or the Philippine National Police were
doing their jobs to run after people who are openly
selling herbal concoctions that supposedly induce
abortion and those who are performing abOltions.
Senator Cayetano (I') stated that the figure she
gave was just an estimate.
As regards Likhaan, Senator Sotto disclosed a
proposal made by the group to the United Nation's
Population Fund (UNFPA) and the Reproductive
Health Advocacy Network (RHAN) asking for
monetary supp0l1 to expedite the passage of the RH
bi II. In the budget statement, he asked what item
No. I "Nurturing of Legislators" meant. He expressed
concern on the participation of UNFPA through
RHAN and Likhaan. He adverted to a 1984 report
that U.S. Pres. Ronald Reagan, upon receiving
information that UNFPA supported China's brutal
one-child-policy, immediately ordered that the funds
allocated to the UNFPA be abolished.
Further, he quoted a report by Stephen Moore
published in the Washington Times on May 9, 1999
which stated that:
The UNFPA should not be refunded. It
should be universally condemned for the evil
acts in which it has participated. He even asked
how does one explain to them that UNFPA once
gave an award to the Chinese Government for
the effectiveness of its genocidal one-child-per
couple policy.
Senator Sotto stated that in 200 I, the U.S. cut
the funding to the UNFPA following an investigation
headed by then Secretary of State Colin Powell who
found out that the UNFPA was complicit in the
coercive implementation of China's one-child-policy.
Presently, he said that there is a growing controversy
because the Obama Administration plans to refund
the UNFPA. He quoted an article by Steven Ertelt
LifeNewsin Washington published May 17, 2011,
which states that: "Republicans may begin campaign
to cut pro-abortion UNFPA funding."
He also mentioned Steven W. Mosher, the head
TUESDAY, SEPTEMBER 20,2011
of the Population Research Institute and leading
campaigner exposing China and the one-child policy,
who said: "The UNFPA is the UN Population Control
Agency that is complicit in China's brutal one-child
policy which is carried out through a program of
coercive abol1ion and involuntary sterilization."
Senator Sotto also quoted a portion of the speech
of Hon. Chris Smith of New Jersey in the 112,h
Congress of the United States on February 17, 2011,
expressing disgust with the UNFPA for supporting
China's one-child policy, to wit:
The UNFPA ought to be at hand giving an
account of its support, promotion and complicity
in massive crimes against women. Mr. Speaker,
abortion is always coercive for the child in the
womb. And for 30 years, the United Nation's
Population Fund has vigorously supported,
funded, defended, promoted, even celebrated these
massive crimes against humanity.
Under Presidents Raegan, Bush (I) and
Bush (2) - and even one year under Clinton,
UNFPA was barred from receiving U.S. funds
because of their shameful support and co-
management of China's foroed abortion policy.
The UNFPA is not on Iy an essential part of
the planning and training of the Chinese cadres
who run this anti-woman, anti-child program, but
the UN FPA assists in the implementation of it in
several countries as well.
Senator Sotto pointed out that in 2010, the WHO,
together with other foreign agencies such as the
UNFPA, UNICEF and The World Bank, published
the "Trends in Maternal Mortality: 1990-2008,"
according to which, programs were launched in order
to achieve maternal death reduction, pursuant to the
Millennium Development Goal (MDG). In fact, he
noted that page 22 of the article reads as follows:
The commitments would support the
following elements to accelerate progress
towards MDG 5:
Country-lell Itealtlt plans - development
partners to support governments to implement
country-led plans to improve access to
reproductive health services.
A compreltensive, integratell package of
essential interventions and services - women
and children should have access to a package
of integrated services including family
planning, antenatal care, skilled care at birth,
emergency obstetric and newborn care, safe
, r
TliESDA Y. SEPTEMBER 20. 20 II
abortion services (where abortion is not
prohibited by law) and prevention of mother-
transmission of HIV services.
Asked if the Committee on Health and
Demography as well as the Senate was aware that
WHO, together with the UNFPA, implements safe
abortion, Senator Cayetano (P) said that abortion
is a much talked about and accepted procedure in
other countries and it is included as a mode of
contraceptive. In the Philippines, she emphasized,
abortion is unacceptable due to the Filipinos' strong
Christian background; in fact, it qualifies as an
abomination. On the other hand, she pointed out
that for people of the Muslim faith, life begins at a
certain point which is very different from the Christian
belief which is why they have no qualms accepting
abortion as a contraceptive method. Adverting to the
same alticle, she admitted that indeed, abortion IS
supported in countries where it is legal.
Senator Sotto replied that it was his perception
that there exists a partnership between the United
Nations and the UNFPA, on the one hand, and the
Likhaan Center for Women's Health, the Family
Planning Organization of the Philippines and the
International Planned Parenthood Federation, on the
other hand, all of which were pushing for the RH bill.
Responding to the points raised by Senator Sotto,
Senator Cayetano (P) stated tfiat under Senate Bill
No. 2865, no person shall be deprived of medical
assistance by virtue of the need for third party
consent; on the other hand, RA 6615 obliges a
doctor, hospital administrator, etc., to provide medical
assistance, and refusal or failure without good cause
to render appropriate medical assistance shall be
penalized. She clarified that the RH bill refers only to
third party consent because this practice has. become
contentious in many cases and has been detrimental
to men and women alike.
In a scenario where a woman suddenly started
bleeding and the doctors decide she has to undergo
hysterectomy, she said that without the proposed
Act, some medical practitioners might require the
woman to get the consent of her husband. Ideally,
she said, when it comes to reproductive health issues,
the consent of both parties is relevant, but precisely
the RH bill clarifies that in cases of emergency, the
consent of the third party (husband) is no longer
necessary when the life of the woman is imperiled.
She pointed out that the RH bill likewise clarifies that
351
in case of conflict, the decision of the person
undergoing the procedure will prevail. She asserted
that the provisions of the RH bill and RA 6615
are different. Without the provisions on third party
consent in the RH bill, she argued, confusion might
arise prejudicing the right of a woman to save her
own life; thus, these are very vital provision.
On the contention that the national policy on
the RH bill is anti-choice, Senator Cayetano (P)
reiterated that the RH national policy as outlined in
the bill does not impose the use of any contraceptive
and actually prohibits the same. What it provides, she
explained, is that Filipino women shall have access to
services and the option to choose which mode suits
her best. She asked why women would be denied
the ability to plan their family so they can meet their
parental obligation to raise their children in a good
home with enough food, good education and safety
from harm and hazards.
She believed no one in the session hall wants to
see his/her child die of starvation. However, she
lamented, millions of Filipino women watch three,
five, six of their children share a cup of rice. She
asked why a mother would not be allowed to plan
her family so that she can provide every child a cup
of rice; why women would be deprived of information
and access to contraceptives so that they can space
their children and feed them properly; why women
are allowed instead to have so many children they
cannot support or feed. She believed that legislators
have the power to assure that women shall have
access to information but according to the personal
views of some legislators, women cannot have
contraceptives. She emphasized that personal views
cannot be imposed on every Filipino and there is
public deception when the people are forced to adopt
family planning methods they are not willing to use.
She believed that the RH bill would empower a
woman to take care of herself and her family.
To the argument that an executive order,
administrative order, memorandum circular, IRRs do
not take the place of a law, Senator Cayetano (P)
reiterated that she has read into the record numerous
cases which say that administrative issuances will
never take the place of a law.
With respect to statutes of similar topics, i.e. in
pari materia, referring to a common statute of the
same subject or of the same matter, Senator Cayetano
(P) stated these should be read and construed together
352
because enactments of the same legislature on the
same subject forms part of one uniform system.
Later statutes, she said, become supplementary or
complementary to the earlier enactments. She stated
that she has not read any judicial pronouncement or
legislation that prohibits statutes in pari materia.
Thus, she asserted, whenever a new law is enacted
by the legislature, it is deemed to have been enacted
in accordance with the legislative policy embodied in
the prior statutes and unless there is an express
repeal of the old law, all should be construed together.
She said that the intent is to allow legislators to look
into existing statutes to harmonize them.
As regards the issue of who should be faulted
for the nonimplementation of pertinent laws, Senator
Cayetano (P) pointed out that in spite of the Anti-
Drug laws, drugs still proliferate. She stated that the
situation gives rise to many questions - on one end,
what is the root cause of the problem, why are the
youth so attracted to experimenting with illicit drugs,
why are drugs so easily available and, at the other
end, are anti-drug cases being prosecuted successfully,
are convicted drug dealers being allowed to leave
their cells, etc. She stated that precisely, not all
problems can be solved by one law but it is the
intention of the RH bill to look at reproductive health
related issues and provide solutions thereto.
As regards the contention that the bill is a
replication, Senator Cayetano (P) stated that she
would be glad to accept amendments to identical
provisions and thereby avoid confusion. But certainly,
she stressed, Congress cannot do away with the RH
bill because it has provisions that are not found in
other laws or administrative issuances. If the objective
is to do away with the measure because it is
supposedly unnecessary, then at least, she said,
existing laws have to be funded and supported. If
there is no question on the validity of the need of
women to access information, to be empowered to
plan their family and feed their children well, she
invited everyone to support a national budget that
includes an allocation for reproductive health care
needs.
With respect to the discussion on the statements
made by an NGO and its affiliations with certain
international agencies, Senator Cayetano (P) stated
that many countries all over the world have allowed
abortions. In fact, she said that abortion was openly
discussed in the 1987 constitutional deliberations and
it was agreed that the Philippines would not allow
TUESDAY, SEPTEMBER 20, 20 II
abortions. She asserted that discussing abortion is not
a crime and that the Constitution guarantees freedom
of speech.
Senator Cayetano (P) stated that whether an
NGO discusses the issue of abortion outside the halls
of the Senate was irrelevant as she stressed that as
a law-abiding citizen and as a senator, she would
honor the Constitution and the bill would in no way
change the laws on abortion. She believed that until
discussions on abortion are criminalized, anybody can
talk about it.
On the matter of administrative issuances, Senator
Cayetano (P) cited the Supreme Court decisions in
Perez vs. Phi/Telegraph and Telephone Company,
2009; Conte vs. Palma, 1996; and Kilusang Mayo
Uno vs. Garcia, December 1994 that a law prevails
over administrative issuances. She lamented that the
issue has been discussed so lengthily, however, she
had to defend her position.
Senator Sotto believed that the Senate has plenty
of time to discuss the bill, noting that it has been
calendared religiously by the Chamber. He recalled
that he debated with Senator Maceda on the Makati
cityhood bill for six months; while Senator Saguisag
interpellated on the Wife Beating Law for three
years. He stressed that the Senate was not wasting
its time on the RH bill.
Senator Cayetano (P) lamented that debates
take a long time when it comes to legislation for
women. She stated that history and international
studies and debates show that unfortunately, legislation
in all parliaments is an issue for the men, except
the Rwandan parliament which is composed 56%
women because the parliamentarians placed statutory
provisions that would increase women's participation
in law-making. She revealed that women are the
minority when it comes to decision making in most
parliaments which is why there is always a long and
heated debate over legislation that has something to
do with women's rights or in any way questions the
century-old traditions and beliefs. She stated that it
was her intention to work with enlightened men who
can transcend tradition and recognize that it is time
women were treated as equals.
As far as the Philippines is concerned, Senator
Sotto stated that the country has had two women
presidents. He assured Senator Cayetano (P) that
debates on the RH bill were not a waste of time as
'ro
TUESDAY, SEPTEMBER 20,2011
he expressed hope that the bill would be voted upon
the soonest possible time,
Senator Sotto stated that he brought out certain
issues because he merely wanted to air his opinion
and bring out three questions in his mind: I) Is it
necessary? 2) Is it beneficial? and 3) Is it practical?
He said that after these points had been satisfied, he
would be ready to propose amendments, Thereafter,
Senator Satta suspended his interpellation.
SUSPENSION OF CONSIDERATION
OF SENATE BILL NO, 2865
objection, the Body suspended consideration of
the bill.
COAUTHORS
Senator Satta manifested that Senator Villar is
coauthor of Senate Bill No. 50 while Senator Marcos
353
as coauthor of Proposed Senate Resolution No. 602,
and Senator Recto as coauthor of Proposed Senate
Resolution No. 599.
ADJOURNMENT OF SESSION
objection, Senate President Pro Tempore Ejercito
Estrada declared the session adjourned until three
o'clock in the afternoon of the following day.
It was 5:34 p.m.
I hereby certify to the correctness of the
foregoing.
EMMA L1RIO R YES ~
secretar;:t t"senate AU'"
/\pprovcd on September 21, 20 II

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