Member Article

It took thirteen years, four months, and five days of heated debates and passionate protests before the country’s first reproductive health law was passed. Four days shy of Christmas last year, President Aquino finally signed the 24-page bill into law. It is now Republic Act No. 10354 or The Responsible Parenthood and Reproductive Health Act of 2012 (RH Law).

The passing of the RH Law, however, does by no means close this chapter of Philippine history. In fact, the legal ramifications plaguing the law are more prevalent than ever since the provisions thereof now have force and effect. The following discusses the significant provisions of the law and the issues surrounding them.

Reproductive Health Services

Section 7 of the RH Law provides that health care facilities, either public or private, are required to offer modern family planning methods to patients:

SEC. 7. Access to Family Planning. – All accredited public health facilities shall provide a full range of modern family planning methods…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…Provided, finally, That the person is not in an emergency condition or serious case as defined in Republic Act No. 8344. (emphasis supplied)

The law used the term “shall” to express the mandatory nature of the provision. The Supreme Court in the case of Tan v. Link (G.R. No. 172849, December 10, 2008) ruled that “the term ‘shall’ is a word of command, one which has always been or which must be given a compulsory meaning, and it is generally imperative or mandatory.”

The mandatory nature of the provision is further buttressed by Section 23 of the RH Law, which provides that it is a prohibited act for any health care service provider to withhold information... 

Read the rest of the article at Lexoterica.