EXCERPTS FROM THE MINUTES OF THE 115TH REGULAR SESSION OF THE 6th SANGGUNIANG PANLUNGSOD BATCH 2016-2019 OF THE CITY OF TABACO HELD AT THE SESSION HALL, LOCATED AT THE SECOND FLOOR TABACO CITY HALL BUILDING ON OCTOBER 16, 2018.
Hon. Nestor T. San Pablo City Vice Mayor & Presiding Officer.
Hon. Luis Renir B. Burce President Pro-Tempore & Member,
Hon. Sheina Marie C. Onrubia Floor Leader & Member,
Hon. John Gio Ong-Bongao Assistant Floor Leader & Member,
Hon. Roderick P. Martirez Member,
Hon. Arnaldo B. Bragais Member,
Hon. Raul Roi B. Borejon Member,
Hon. Oscar R. Rocha Member,
Hon. Julio C. Azada Chua, Jr. Member,
Hon. Hector D. Rodriguez Member,
Hon. Danilo C. Buenconsejo Member,
Hon. Eddie S. Perol Pres., LMB & Member, &
Hon. Allan Earvin S. Burce Pres., SK Pederasyon & Member.
N O N E
Authors: HON. SHEINA MARIE C. ONRUBIA
HON. HECTOR D. RODRIGUEZ
City Ordinance No. 019- 2018
AN ORDINANCE PROVIDING FOR A COMPREHENSIVE POLICY ON RESPONSIBLE PARENTHOOD AND REPRODUCTIVE HEALTH IN THE CITY OF TABACO
BE IT ENACTED by the Sangguniang Panlungsod in session assembled, that:
SECTION 1. SHORT TITLE. This shall also be known as “THE RESPONSIBLE PARENTHOOD AND REPRODUCTIVE HEALTH (RPRH) ORDINANCE OF TABACO CITY”.
SECTION 2. DECLARATION OF POLICIES. In pursuit of sustainable development, the City of Tabaco shall adopt an integrated and comprehensive reproductive health care and responsible parenthood policy focused on the time-honored value of respect for human dignity, people’s right to informed choice and to freely make their own decision based on accurate and complete information on a broad range of family planning methods and instill health consciousness on reproductive health.
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. Since 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 accordance 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.
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 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.
SECTION 3. OBJECTIVES. In pursuit of the policies mentioned above, the City Government of Tabaco aims to:
- Provide access to safe and quality reproductive health care services to couples and individuals of the City;
- Provide a ready, accurate and complete information on reproductive health;
- Provide responsible education to all people in the City about reproductive health;
- Promote the involvement and participation of, and provide actual policy, program and support to non-government organizations (NGOs) in reproductive health care and service delivery and in the production, distribution and delivery of high quality reproductive health and family planning supplies and commodities to make them accessible and affordable to the people;
- Strengthen the capabilities of health facilities, regulatory agencies, health service providers to ensure safe, high quality, accessible and affordable reproductive health services and commodities; and
- Ensure the planning, implementation, monitoring and evaluation of appropriate and effective reproductive health care and family planning programs at the city and barangay levels;
SECTION 4. DEFINITION OF TERMS. For purposes of this Ordinance, the following are defined as such:
Adolescent Sexuality – refers to the reproductive system, gender identity, values or beliefs, emotions, relationships and sexual behavior of young people as social beings. Adolescence refers to a life stage between the ages of ten to nineteen (10-19).
Contraceptive Self-Reliance – refers to a scheme that ensures sufficient contraceptive supplies to last even through the phase out period, regardless of the quantity of donated contraceptive supplies received by the locality. This means that the Local Government Unit (LGU), with support from the Department of Health (DOH), performs the role of the local “guarantor of last resort” that ensures that the supplies of contraceptives in the locality will always be sufficient to meet the need of all current users.
Family Planning – a program that enables couples and individuals to decide freely and responsibly the number and spacing of their children and to have information and means to carry out their decisions, and to have informed choice and access to a full range of safe and effective family planning methods, techniques and devices. Abortion is not included as family planning method.
Gender Equality – the absence of discrimination on the basis of a person’s sex in opportunities, in the allocation of resources or benefits or in the access to services.
Gender Equity – fairness and justice in the distribution of benefits and responsibilities between men and women, and often requires women-specific projects and programs to end existing inequalities.
Informed Choice and Voluntarism (ICV) – effective access to information on a wide range of family planning options and to counselling, services and supplies needed to help individuals choose to obtain or decline services, to seek, obtain and follow up on a referral, or simply to consider the matter further. ICV is when clients freely make their own decision based on accurate and complete information on a broad range of available modern family planning methods.
Reproductive Health – 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.
Reproductive Health and Sexuality Education – the process of acquiring complete, accurate and relevant information in all matters relating to the reproductive system, its functions and processes and human sexuality, and the forming of attitudes and beliefs about sex, sexual identity, interpersonal relationship, affection, intimacy and gender roles, it also includes developing the necessary skills to be able to distinguish between facts and myths on sex and sexuality; and critically evaluate and discuss the moral, religious, social and cultural dimensions of related sensitive issues such as contraception and abortion.
Reproductive Health Care – the access to and availability of a full range of methods, techniques and services that contribute to reproductive and sexual health and well-being by preventing and solving 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:
- (1) Family planning information and services which shall include as a first priority making women of reproductive age fully aware of their respective cycles to make them aware 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 counselling;
- (5) Prevention, treatment and management of reproductive tract infections (RTIs), human immunodeficiency virus(HIV) and acquired immunodeficiency syndrome (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 counselling on sexuality and reproductive health;
- (8) Prevention, early detection and treatment of breast and reproductive tract cancers and other gynecological conditions and disorders;
- (9) Male responsibility and involvement and men’s reproductive health;
- (10) Prevention, treatment and management of infertility and sexual dysfunction;
- (11) Reproductive health education for the adolescents; and
- (12) Mental health aspect of reproductive health care.
Reproductive Health Rights – the rights of individuals and couples, subject to applicable laws, to decide freely and responsibly 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 and reproductive health.
Responsible Parenthood – the ability and commitment of parents to respond to the needs and aspirations of the family and children.
Reproductive Tract Infection (RTI) – refers to sexually-transmitted infections, sexually- transmitted diseases and other types of infections affecting the reproductive system.
Treatment – combating of a disease or disorder.
SECTION 5. ESTABLISHMENT OF A CITY RESPONSIBLE PARENTHOOD AND REPRODUCTIVE HEALTH COUNCIL. The Creation of a City Responsible Parenthood and Reproductive Health Council in the City of Tabaco which shall act as a policy making and re-commendatory body. The decision of the Council on complaints or questions on the Responsible Parenthood and Reproductive Health (RPRH) program shall be final and executory such as to provide or promulgate rules and regulations to implement provisions which are not properly defined.
Chairperson – City Mayor
Co-Chair – SP Committee Chairperson on Health and Social Services
Members – SP Committee Chairperson on Youth & Development
– Gender and Development Focal Person
– Youth Ambassador Representative
– Sanggunian Kabataan (SK) Federation President
– SP Committee Chairperson on Appropriations
– Liga ng mga Barangay President
– City Health Officer
– Population Program Officer
– FP/MNCHN Coordinator
– STI/HIV/AIDS Coordinator
– City Youth and Development Officer
– City Social Welfare Officer
– City Planning & Development Officer
– City Budget Officer
– City Local Government Operations Officer (CLGOO)
– Schools Division Superintendent
– Representatives from NGOs, POs (Women Rep, Academe, Men, Religious, Youth, and Media Local Medical Associations)
- DUTIES AND FUNCTIONS OF THE RPRHC. The council shall assist the different offices in all levels within the City in setting the direction and development efforts for Responsible Parenthood and Reproductive Health Programs, with the following functions:
- (1) Formulate an integrated policy and program on responsible parenthood and reproductive health that shall be implemented in all government and private health and educational institutions such as hospitals, rural health units, barangay health stations, schools and other health and educational related facilities managed by the private sector, non-government organizations, church and other civil society organizations (CSOs) within the City.
- (2) Recommend policies for legislation and adoption of measures that will facilitate the comprehensive and integrated implementation of the reproductive health and responsible parenthood programs.
- (3) Approve the operational budget/WFP for RH programs and services prepared by the technical working group (TWG) and endorse the same to the Sangguniang Panlungsod for approval.
- (4) The Council shall meet at least once every six (6) months or as often as may be necessary.
2. CREATION OF THE RPRH CITY IMPLEMENTING TEAM. A Tabaco City Implementing Team (TCIT) as created under Executive Order No. 08 series of 2017 shall plan, monitor and evaluate the implementation of this ordinance, with the City Health Officer as the Convenor, and which shall exercise the following:
- (1) Coordinate, monitor and evaluate the implementation of responsible parenthood and reproductive health programs/projects;
- (2) Ensure that the decisions of the RPRH council are faithfully carried out and implemented:
- (3) Formulate plans and propose budget to the Council;
- (4) Conduct research and monitor concerns related to RPRH programs and services and implementation of the ordinance and on other matters that may be authorized by the council.
SECTION 6. STRENGTHENING THE TECHNICAL CAPABILITY OF ALL IMPLEMENTING PARTNERS. The City Health Office (CHO) shall be the lead agency in the implementation of the Responsible Parenthood and Reproductive Health Programs of the City of Tabaco. As such, the technical capability of all the implementing partners shall be strengthened to be able to:
- (1) Formulate plans and programs as well as devise strategies and systems for the effective implementation of the Responsible Parenthood and Reproductive Health Programs of the City and access to family planning. All accredited public health facilities shall be provided a full range of modern family planning methods, which shall also include medical consultations, supplies 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;
- (2) Adopt measures to ensure the efficient and effective delivery of basic reproductive health care services and provision of adequate facilities;
- (3) Monitor the implementation of the reproductive health care and family planning program and undertake research on pertinent health, population and sustainable human development issues that include: community population and reproductive health survey to pinpoint or identify families with family planning unmet needs;
- (4) Conduct capability-building and education activities, recognize, train and accredit health service providers within the City, professionals including family health workers, barangay health workers and other concerned individuals;
- (5) Ensure that there is a contraceptive self-reliance strategy in place so that there is sufficient supply of contraceptives in the locality;
- (6) Utilize various tools of media (print and radio) for publicity and promotion campaigns that aims to increase public awareness on reproductive health, population education and responsible parenthood. They shall also oversee the development of information, education and communication materials of the program;
- (7) Ensure the full cooperation and participation of the barangay health stations to put in place their counterpart reproductive health Care. Procurement and distribution of reproductive health and family planning supplies and equipment shall be in accordance to R.A. No. 9184.
SECTION 7. EMPLOYMENT OF SKILLED HEALTH PROFESSIONALS OR SKILLED BIRTH ATTENDANTS FOR MATERNAL HEALTH CARE AND FACILITY-BASED DELIVERIES.
- To ensure that maternal and neonatal mortalities are reduced and to have better access to quality maternal and newborn care, non-facility-based deliveries are considered as violations of the Ordinance No. 004 – 2013 and same Penalty applies.
- The City 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. Midwives and nurses shall be allowed to administer life-saving 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.
- Deployment of Barangay Reproductive Health Officers (BRHO). To ensure effective implementation of the program up to the grassroots level, the registered barangay reproductive health officer (BRHO) in all barangays shall be tapped to perform the following functions:
- Assist in the provision of reproductive health information regarding different family planning methods and reproductive health (RH) services;
- Organize responsible parenthood classes and special counselling sessions;
- Referral of successful clients to accept methods after providing with correct and accurate information to service providers;
- Provide and submit necessary data needed as basis for planning and services in every barangay;
- Tracking of all pregnancies and deliveries in the barangays.
SECTION 8. REPRODUCTIVE HEALTH AND SEXUALITY EDUCATION, INFORMATION AND AWARENESS CAMPAIGN.
- It is recommended that Reproductive Health and Sexuality Education shall be provided to out-of-school youth in the grassroots level, in coordination with the Barangay Council and the Sangguniang Kabataan (SK) concerned.
- It is recommended that peer counselling, addressing youth reproductive health problems shall be organized in every barangay, in coordination with Sangguniang Kabataan and the Local Government Social Welfare Office and Population Officer within the City.
- Reproductive health issues and concerns in schools should be monitored.
- Modules on RPRH shall be part of the Family Development Sessions and Youth Development Sessions of the Department of Social Welfare and Development (DSWD).
- Usapan Series shall be part of the Reproductive Health Education in the Barangays. (Usapang Buntis 1 & 2, Usapang Pwede Pa, Usapang Kuntento na and Usapang Bagong Maginoo and Usapang Batang Ina at Batang Ama)
- KATROPA or Kalalakihang Tapat sa Responsibilidad sa Pamilya shall be part of the Reproductive Health Education of Males in the Family and is included in the requirements for issuance of Padyak License.
SECTION 9. RESPONSIBLE PARENTHOOD COUNSELLING. It is recommended for the following persons to undergo Responsible Parenthood Counselling by the City Population Officer:
- Future spouses applying for Certificate of Compliance for marriage license;
- Parents who intend to register their children, whether legitimate or illegitimate;
- Parents or mothers who deliver their babies at the District Hospital and other birthing facilities;
- All City Government Officials, Employees and Personnel.
SECTION 10. CONTRACEPTIVE SELF- RELIANCE STRATEGY.
- Regardless of the quantity of donated contraceptives received, the City Government of Tabaco shall ensure that there is sufficient levels of contraceptive supplies and the demand is sufficiently met even through phase-out periods. This means that the LGU, with support from the DOH performs the role of the local “guarantor of last resort”. Supplies of contraceptives in the locality will always be sufficient to meet the needs of all current users which is consistent with the Local Government Code of 1991, which mandates LGUs to provide family planning services and ensure contraceptive availability in the community.
- The LGU shall assure sufficient supply of free contraceptives for poorest users
- The LGU shall ensure sufficient budget for purchase of contraceptive supplies and commodities.
SECTION 11. SECRETARIAT. The City Health Office (CHO) shall act as the Secretariat.
SECTION 12. REPORTING REQUIREMENTS. An annual accomplishment report shall be prepared by the City Health Office to be submitted to the Office of the Mayor and furnish a copy to the Sangguniang Panlungsod (SP).
SECTION 13. IMPLEMENTATION. The provisions of the Responsible Parenthood and Reproductive Health Ordinance shall be in force and effect upon the approval of the Implementing Rules and Regulations (IRR). The team which shall craft the Implementing Rules and Regulations (IRR) shall be the Expanded City Health Board, in consultation with various stakeholders.
SECTION 14. APPROPRIATIONS. A minimum amount of Two Million Pesos (₱ 2,000,000.00) shall be automatically appropriated for this purpose, particularly for the Family Planning Commodities and Services, IEC Materials (Fliers, FAQs, Projector, etc.), Meetings, Conferences, Trainings and Capacity Building among others, annually.
SECTION 15. SEPARABILITY CLAUSE. Should any provision or part of this ordinance is declared invalid or unconstitutional by proper authority, the other parts or provisions which are not affected shall continue to be in full force and effect.
SECTION 16. EFFECTIVITY. This ordinance shall take effect immediately upon review of the Sangguniang Panlalawigan and upon compliance with the posting/publication required under the Local Government Code of 1991.
APPROVED, this 16th day of October 2018.
We hereby certify to the correctness of the foregoing Ordinance.
SHEINA MARIE C. ONRUBIA HECTOR D. RODRIGUEZ
NESTOR T. SAN PABLO
City Vice Mayor & Presiding Officer
GLENDA B. PANTI
Secretary to the Sangguniang Panlungsod
CIELO KRISEL LAGMAN-LUISTRO