is shown in Marikina City with its Contraceptive Self Reliance Ordinance; in Manila
City, the “Pro-Life” EO 003 of Mayor Atienza was superseded by EO 030 of Mayor Lim.
However, while the EO 030 does not prohibit artificial contraceptives, it continues to
bar local funding for artificial contraceptives. In Sorsogon City, there is outright
refusal to implement the law with the adoption of Mayor Sally Lee’s “Pro-Life
Ordinance” resulting in the denial of access to artificial contraceptives, resulting in
unmet needs of women in Sorsogon City.
Policy Barriers to RHRH
Other local policies were also found to be contradicting the RH law and weakening its
effective implementation. The policies that served as barriers to the implementation
of the law were the TRO on Implanon issued by the Supreme Court, the required
consent from parents for adolescents and from husbands for their wives on availing
certain RH goods and services, the absolute ban on abortion, the absence and
unavailability of emergency contraceptives, and the criminalization of traditional and
indigenous home births. The latter highlights the lack of reconciliation regarding the
implications of the RH Law on traditional RH practices.
The decision in Imbong vs. Ochoa and the declaration of the Supreme Court in
upholding the rights of consciencious objectors and the voiding of penalties for
government officers refusing to implement the RPRH law also barred full
implementation of the RPRH law. The ruling has been invoked by Sorsogon City’s
Mayor Lee in refusing to implement the law, and it is likewise used by some
government health facilities and health service providers in seeking parental consent
for minors and in refusing tubal ligation for married women without the consent of
their husbands.
Role of DOH, Monitoring of RPRH, Role of CSOs
With respect the role of the Department of Health and of the monitoring of the
implementation of the Reproductive Health Law, the fact finding and public hearings
documented the efforts being undertaken to monitor the implementation of the RPRH
law through the Regional and National RPRH Implementation Team. The Inquiry also
documented practices by National Government Agencies such as POP Com and DSWD
in incorporating RH in their programs such as 4Ps as well as the efforts being
undertaken to engage men in the RH agenda. Effective partnerships with civil society
organizations in the delivery of RH services and information have been documented
in all of the areas visited. The CSOs were recognized as partners of the local
government and national government in the implementation of RH law, and in far
flung areas such as in the island provinces in Mindanao, CSOs often fill the service
delivery gap by both National and Local Government Units.
In the case of Sorsogon City and of the Mayor’s refusal to dispense artificial
contraceptives, the Commission found that despite the prohibition of artificial
contraceptives by the City of Sorsogon, the Department of Health has undertaken
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