contraceptives. In 2014, the CEDAW Committee issued its finding on EO 003 as having
“violated women’s rights to non-discrimination and health, which require the government
to ensure women’s equal access to family planning services.” The committee recommended
the following: improve the access to contraceptives in communities, provide quality postabortion care, to all public health families, review the discriminatory laws against women,
strengthen existing machineries and establish mechanisms to ensure compliance and
obligation and lastly, train health care providers on sexual and reproductive health services.
In the conduct then of the fact finding and public hearing, part of the Commission’s objectives
is to inquire as well on the implementation of the CEDAW Committee’s view. Based on the
data from both the fact-finding mission and the public hearing, the following findings are
issues surfaced:
EFFECTIVENESS AND LEVELS OF IMPLEMENTATION OF RH SERVICES AND
INFORMATION
1. UNEVEN IMPLEMENTATION AND EXISTENCE OF POLICIES THAT HINDER ACCESS
TO RH SERVICES AND INFORMATION
The fact finding in Manila, Quezon City, and Marikina City highlighted the uneven support
and implementation of the RPRH law. Some LGUs are found to be more pro-active, while
other LGUs allow implementation but lack support in terms of separate allocated funding for
commodities and facilities. The unevenness in the implementation of the law can be seen in
terms of policy and in actual practice at the level of barangay and the City-LGU level.
In terms of policy, for instance, the Commission found that the City of Marikina passed a
Contraceptive Self Reliance Ordinance (CSR) which mandates the allocation of 1 Million
pesos annually in support of the implementation of the RH Law. In Quezon City, a Gender
and Development Code has been adopted which commits full support for RH law. However,
other local policies are not as supportive. In the City of Manila, while EO 003 of Atienza which
declared the City of Manila as a “Pro-Life City” was already superseded by EO 030, the latter
EO passed by Mayor Lim continue to bar the provision by the City of Manila of funding for
artificial contraceptives. Upon inquiry, and as discussed in the Public Hearing, the
decentralization in the delivery of health services has resulted to the unevenness in the
support and implementation of the law and has resulted in the fragmented delivery of health
services and information.
Aside from these local policies, the Commission has also documented existing policies that
affect full implementation of the law. We have noted the issuance by the Supreme Court of a
Temporary Restraining Order on Implanon and we have documented that the same
disproportionately affected not only women who wish to avail of Implanon but also health
service providers in the City of Manila and in Marikina who are trained in administering
Implanon, and who have boxes of supplies of Implanon but are prohibited from dispensing
the same. Other policies that hinder implementation of the RPRH law include the practice of
seeking spousal consent for tubal ligation which is practiced in some areas in Marikina, and
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