I would just like to say that this is in no way an attack on my fellow Filipinos of Chinese descent. I consider you to be Filipinos and I don't doubt your patriotism. What I I would like to direct my anger against is this Chinese national who just made the most racist and stupid comment about our country's foreign policy.

...

The Russians sank a Hong Kong freighter last month, killing the seven Chinese seamen on board. We can live with that—Lenin and Stalin were once the ideological mentors of all Chinese people. The Japanese planted a flag on Diàoyú Island. That’s no big problem—we Hong Kong Chinese love Japanese cartoons, Hello Kitty, and shopping in Shinjuku, let alone our round-the-clock obsession with karaoke.

But hold on—even the Filipinos? Manila has just claimed sovereignty over the scattered rocks in the South China Sea called the Spratly Islands, complete with a blatant threat from its congress to send gunboats to the South China Sea to defend the islands from China if necessary. This is beyond reproach. The reason: there are more than 130,000 Filipina maids working as $3,580-a-month cheap labor in Hong Kong. As a nation of servants, you don’t flex your muscles at your master, from whom you earn most of your bread and butter.

As a patriotic Chinese man, the news has made my blood boil. I summoned Louisa, my domestic assistant who holds a degree in international politics from the University of Manila, hung a map on the wall, and gave her a harsh lecture. I sternly warned her that if she wants her wages increased next year, she had better tell every one of her compatriots in Statue Square on Sunday that the entirety of the Spratly Islands belongs to China.

Grimly, I told her that if war breaks out between the Philippines and China, I would have to end her employment and send her straight home, because I would not risk the crime of treason for sponsoring an enemy of the state by paying her to wash my toilet and clean my windows 16 hours a day. With that money, she would pay taxes to her government, and they would fund a navy to invade our motherland and deeply hurt my feelings.

Oh yes. The government of the Philippines would certainly be wrong if they think we Chinese are prepared to swallow their insult and sit back and lose a Falkland Islands War in the Far East. They may have Barack Obama and the hawkish American military behind them, but we have a hostage in each of our homes in the Mid-Levels or higher. Some of my friends told me they have already declared a state of emergency at home. Their maids have been made to shout “China, Madam/Sir” loudly whenever they hear the word “Spratly.” They say the indoctrination is working as wonderfully as when we used to shout, “Long live Chairman Mao!” at the sight of a portrait of our Great Leader during the Cultural Revolution. I’m not sure if that’s going a bit too far, at least for the time being.

Chip Tsao is a best-selling author and columnist. A former reporter for the BBC, his columns have also appeared in Apple Daily, Next Magazine and CUP Magazine, among others.

...

I just could not hold back my anger. I've never heard such a comment from a descendant of Chinese peasants and treaty port gangsters. If I was his domestic laborer, I'd point at that map and show him how stupid his country's claim is. It doesn't mean that if its in the goddam South China Sea then its Chinese property. I wouldn't be wondering why he'd be making that statement,  after all he probably engulfed too much melamine. He underestimates the power of Filipino Migrant Labor in his little autonomous city. If I was his servant I'd tell him If ever China insisted on its claim on the Spratlys, every migrant domestic worker in hong Kong should might as well stop working. Let's see Hong Kong function properly. And its not just our claim that he should swallow, he and his fellow Chinese should swallow their spit and stop making their streets look like one huge spitoon. If I were him I'm not gonna worry about the Spratlys, its the least of their problems. I'd set my sight on Tibet and Western China. I heard the Tibetans and the Muslim Uighurs are pretty pissed off with Chinese rule.

Akbayan Rep. Risa Hontiveros announces senatorial bid

GMANews.TV - Wednesday, February 25

MANILA, Philippines - Akbayan party-list Rep. Risa Hontiveros-Baraquel on Tuesday announced that she would be running for senator in the 2010 national elections.

In a press conference, Hontiveros said she has decided with her party-list to "take a calculated risk" in 2010 to help usher in a new brand of politics.

"We are running for the Senate in 2010," said Hontiveros, who began her career as a legislator during the 13th Congress.

The lawmaker said she first made her announcement during her birthday dinner last Monday night. Among those who attended were Akbayan members, Liberal Party members, and Senators Manuel Villar and Alan Peter Cayetano.

"Kung anumang slate ang papasukin ng Akbayan, ang papasukin namin opposition [No matter what slate we join, it will definitely be from the opposition]," said Hontiveros.

Asked by reporters how she would interact with Senator Miriam Defensor-Santiago if they become colleagues, Hontiveros said, "Kahit ang trato niya sa 'kin ay insekto, ituturing ko siyang di insekto, kundi tao [Even if she treats me like an insect, I will still treat her like a person]."

The two lawmakers earlier got into a word war after Hontiveros suggested that Santiago inhibit from the Senate investigation on the World Bank's sanctioning of construction firms. Santiago hit back by saying that Hontiveros should read a book on menopause, run for senator and win.

Hontiveros said she had been considering her possible Senate candidacy even before Santiago's statement. - Johanna Camille Sisante, GMANews.TV

Dahil kasalukuyang tinatalakay ng aming propesor sa batas kriminal ang Comprehensive Dangerous Drugs Act of 2002 marapat siguro na ipaalam ko sa inyo ang kahaharapin ninyong parusa kung sakaling mahuli kayo. Heto ang parusa ninyo kung mahulihan man lamang kayo ng pinagbabawal na gamot:

Life imprisonment hanggang parusang kamatayan (wala namang death penalty kaya life imprisonment) at multang 500,000 pesos hanggang 10,000,000 pesos kung sakaling mahulihan ka ng:

10 gramo o higit pa ng cocaine;

10 gramo o higit pa ng morphine;

10 gramo o higit pa ng opium;

10 gramo o higit pa ng heroin;

50 gramo o higit pa ng shabu;

10 gramo o higit pa ng marijuana resin o marijuana resin oil;

500 gramo o higit pa ng marijuana;

10 gramo ng ano pa mang ibang pinagbabawal na gamot (marami pa silang bawal na gamot... pramis)

Ipapataw naman ang parusang habang buhay na pagkakakulong at multang 400,000 piso hanggang 500,000 piso kung mahulihan ka ng shabu na 10 gramo o higit pa pero mas kaunti pa sa 50 gramo.

Ipapataw naman sa iyo ang 20 taon at isang araw hanggang habang buhay na pagkakabilanggo at multang 400,000 piso hanggang 500,000 piso kung mahulihan ka ng 5 gramo o higit pa pero kaunti pa sa 10 gramo ng anumang uri ng pinagbabawal na gamot; o nga 300 gramo o higit pa pero kaunti pa sa 500 gramo ng marijuana.

Ipapataw naman sa iyo ang 12 taon at isang araw hanggang 20 taong pagkakabilanggo at multang 300,000 piso hanggang 400,000 piso kung ikaw ay mahuhulihan ng anumang pinagbabawal na gamot na kaunti pa sa 5 gramo o ng marijuana na kaunti pa sa 300 gramo.

Walang kang takas kahit isang gramo pa yan ng shabu o ecstacy. Mahirap makulong at makursunadahan ng preso.

Dahil kasalukuyang tinatalakay ng aming propesor sa batas kriminal ang Comprehensive Dangerous Drugs Act of 2002 marapat siguro na ipaalam ko sa inyo ang kahaharapin ninyonh parusa kung sakaling mahuli kayo. Heto ang parusa ninyo kung mahulihan man lamang kayo ng pinagbabawal na gamot:

Life imprisonment hanggang parusang kamatayan (wala namang death penalty kaya life imprisonment) at multang 500,000 pesos hanggang 10,000,000 pesos kung sakaling mahulihan ka ng:

10 gramo o higit pa ng cocaine;

10 gramo o higit pa ng morphine;

10 gramo o higit pa ng opium;

10 gramo o higit pa ng heroin;

50 gramo o higit pa ng shabu;

10 gramo o higit pa ng marijuana resin o marijuana resin oil;

500 gramo o higit pa ng marijuana;

10 gramo ng ano pa mang ibang pinagbabawal na gamot (marami pa silang bawal na gamot... pramis)

Ipapataw naman ang parusang habang buhay na pagkakakulong at multang 400,000 piso hanggang 500,000 piso kung mahulihan ka ng shabu na 10 gramo o higit pa pero mas kaunti pa sa 50 gramo.

Ipapataw naman sa iyo ang 20 taon at isang araw hanggang habang buhay na pagkakabilanggo at multang 400,000 piso hanggang 500,000 piso kung mahulihan ka ng 5 gramo o higit pa pero kaunti pa sa 10 gramo ng anumang uri ng pinagbabawal na gamot; o nga 300 gramo o higit pa pero kaunti pa sa 500 gramo ng marijuana.

Ipapataw naman sa iyo ang 12 taon at isang araw hanggang 20 taong pagkakabilanggo at multang 300,000 piso hanggang 400,000 piso kung ikaw ay mahuhulihan ng anumang pinagbabawal na gamot na kaunti pa sa 5 gramo o ng marijuana na kaunti pa sa 300 gramo.

Walang kang takas kahit isang gramo pa yan ng shabu o ecstacy. Mahirap makulong at makursunadahan ng preso.

Napaisip lang din ako...

Tutal heto mga mayor/ex-mayor gustong tumakbo bilang presidente...

Dapat si Robredo ang maging presidente...
1. He's more qualified than any other candidate...
2. Naga City of which he is the mayor has institutionalized democracy...
3. He represents change by not establishing a political dynasty despite having the opportunity to do so...
4. Hindi si Binay ang pinoy Obama... kundi si Robredo...
5. kabababayan pa ni Roco... may lahing magagaling talaga ang mga Bikolano...

15 araw na lang ang nalalabing session days para iextend ng Congress ang CARP! Kailangan nang i-extend!

from http://www.akbayan.org

Case background:

Silvino Cudiamat, a 67 year old farmer from Barangay Baha in Calatagan, Batangas thought that he had already achieved his lifelong dream of owning the piece of land that he had worked for since he was 16 years old. Tatay Ben was a tenant for 11 years before he became a beneficiary of the land reform program. He became one of the 323 beneficiaries of the land reform program under PD 27.

Today, Tatay Ben’s lifelong dream is about to be shattered into pieces. He and his fellow agrarian reform beneficiaries of the land formerly owned by Ceferino Ascue have been involved in a land controversy since 1995. Biased government agencies and a legal system that favors the rich have bended the law to favor the interests of the rich, leaving the likes of Tatay Ben in danger of losing the land that they depend on so much to live decent lives.

Social Justice

The land in this controversy was formerly owned by Ceferino Ascue. The 507.87 hectare property was planted to rice and corn. The residents of barangays Baha and Talibayog were tenants to the land.

In 1990, two years after the enactment of the Comprehensive Agrarian Reform Law, the property was distributed to the tenants. Being a tenanted rice and corn land, the 507-hectare Ascue property was distributed to 318 tenant farmers under the Operation Land Transfer of the Marcos land reform law – Presidential Decree No. 27. A total of 818 Emancipation Patents were distributed to the agrarian reform beneficiaries.

For the next 10 years, the agrarian reform beneficiaries peacefully tilled the land and, given a new lease to improve their lives, cultivated the land according to their own plans and dreams. Some remained rice and corn farmers, others preferred to grow vegetables and a variety of other crops. Within those years they were able to fully pay the land amortizations to the government.

Neither the ten long years of peaceful possession nor the fact that they have fully paid the land amortizations kept the farmers safe from the threat of losing what has become justly and rightfully theirs.

Seeds of Injustice

In 1995, the heirs of Ceferino Ascue sold the property to Asturias Industries. They conveniently ignored the fact that the land was no longer theirs and were aided by the fact that the Register of Deeds of Batangas mysteriously failed to annotate the distribution of that the land in the land title. The attack on the gains of social justice began as soon as the questionable sale was consummated.

In July 1997, Asturias Industries was able to obtain from the DENR a Mineral Production Sharing Agreement (MPSA) and an Environmental Compliance Certificate (ECC) covering 2,336.8 hectare including the land in question. This became their basis to claim that the land was already classified as mineral land.

Asturias Industries began the intensification of legal maneuvers to jeopardize the ownership of the farmers of the land by questioning the distribution of the land under PD27. They claimed that it was erroneously distributed since the land was never planted to rice and corn and the former land owner did not recognize any tenancy arrangements.

Bending the facts and the law against the farmers

In response to the protest of Asturias Industries, the Provincial Agrarian Reform Officer (PARO) of the Department of Agrarian Reform (DAR) created Task Force Baha to verify the claims of mining company. An ocular inspection was conducted and TF Baha reported that “(1) procedural lapses attended the OLT coverage; (2)significant portions of the OLT-covered area were planted to sugar cane; and (3) the landowner did not recognize tenancy relations with the ARBs.”

A validating team was deployed by the DAR Region IV Office and they reported that “it cannot be established beyond reasonable doubt that the property is planted to palay or corn and tenanted.” The team went on to recommend based on their findings the nullification of the coverage of the land under OLT and 818 emancipation Patents the DAR issued to the agrarian reform beneficiaries.

In August 4, 2000, the DAR through USEC for Operations Conrado S. Navarro sustained the protest of ASTURIAS INDUSTRIES and nullified the coverage of the land under OLT. Navarro cited that his judgment was based on the premises that

(1) the landholding was not primarily devoted to the production of rice or corn;

(2) the tenancy relations was not clearly established and

(3) the land long ceased to be agricultural as it is “mineralized.”

Just mere 10 years after the DAR distributed the land to the farmers, it already danced to a different song – the one that Asturias Industries is playing. They did not even consider that their ocular inspection was 10 years too late and there have been changes in crops within the 10 year period. They did not even consider that landowners when faced with agrarian reform always deny having tenants. They even dug up a 1965 Bureau of Mines study to justify their claim that the land was “mineralized” and therefore ceased to be agricultural a long time ago.

The Department of Agrarian Reform became instrumental in twisting the facts and the law in laying the legal groundwork for undoing agrarian reform that it is mandated to implement, promote and defend. DAR’s arguments became the strongest legal arguments for ASTURIAS INDUSTRIES when the case was brought to the Office of the President, the Court of Appeals and the Supreme Court on appeal.

In 2005, the Supreme Court ruled against Tatay Ben and his fellow Calatagan farmer beneficiaries and upheld the decision of the DAR stating that: (1) the disputed land was erroneously covered by PD 27; (2) the land was “mineralized” based on the DAR decision, the 1965 Bureau of Mines study and DENR’s issuance of an MPSA and ECC to Asturias Industries; and (the cancellation of the Emancipation Patents issued to the farmers shall be a separate proceeding under the authority of the Department of Agrarian Reform Adjudication Board (DARAB).

DANGEROUS IMPLICATIONS

The decisions of the different government institutions in the Baha-Talibayog case has serious implications to agrarian reform. These decisions have far-reaching implications.

Based on the case, the development and promotion of the mining industry has greater priority over social justice, agrarian reform and agricultural development;

Lands can be classified as mineral by a mere study by the Bureau of Mines previous to P.D. 27 and R.A. 6657, it is found that “ample” reserves of mineral resources are found in the area even if there is no positive act from the executive or the legislature;

Agricultural lands can now become mineral lands not by executive act but through any mining agreement executed by the DENR and a private person covering such agricultural land under the mining act;

Local government units within their territorial jurisdiction can change the classification of an agricultural land to other uses by a mere passage of a Zoning ordinance.

From Beneficiaries of Social Justice to Victims of Injustice

As agrarian reform beneficiaries, the Calatagan farmers were given new hope to improve their lives and become productive members of their community. They have developed the land that was distributed to them and made them productive. They have faithfully paid their land amortizations until it was fully paid. They are even faithful taxpayers to their local government.

With the exception of the actual cancellation of the Emancipation Patents issued to the Calatagan farmers in Baha and Talibayog, the reversal of agrarian reform and the turnaround in social justice has reached the highest level of our government system. All these favored the rich despite the strength of the claim and ownership of the Calatagan farmers of the land.

Where will the farmers turn when:

 

• the Department of Agrarian Reform who is tasked to enforce the implementation of agrarian reform, on the basis of a mere study of the Bureau of Mines and an ocular inspection that is 10 years too late has decided to nullify the coverage of the land that awarded them the lands they now own?
  
• the Department of the Environment and Natural Resources (DENR) who is tasked to protect the environment has prioritized mining over food production and has given more weight to the claims of ASTURIAS INDUSTRIES rather than the rights of agrarian reform beneficiaries?
  
• the Office of the President who holds the highest executive power of the country has chosen to side uphold the convoluted and distorted decision of the DAR?
  
• the Supreme Court, the highest interpreter of laws of the land, has chosen to interpret the laws according to the myopic, distorted and biased view of the Department of Agrarian Reform?
  

 

Protest Walk: Lakbay-Kalampag para sa Lupang Sakahan, Hindi Minahan

Last December 2007, the farmers of Calatagan walked in solidarity with the Sumilao Farmers. From San Pedro in Laguna to the gates of Malacañang, 36 Calatagan farmers walked side by side with the Sumilao farmers.

On April 21, 2008, the agrarian reform beneficiaries from the communities of Baha and Talibayog in Calatagan, will embark on a journey on foot from their homes to the seat of power in Metro Manila to make their voices heard. The government that gave them hope through agrarian reform has betrayed them and they are making this sacrifice to magnify the injustices committed against them.

Their 300-kilometer walk which will begin in the town Calatagan is dedicated bare the injustices being committed against the farmers of Calatagan in favor of the mining interests of Asturias Industries. Through this walk, the farmers of Calatagan are calling for the revocation of the Mineral Production Share Agreement (MPSA) issued by the DENR to Asturias Industries. Their walk is their assertion of their rights as owner-cultivators of the land.

 

(Note: This is the Fact Sheet from the Committee on Health on House Bill No. 5043 [full text],  in substitution to HB Nos. 17,  812,  2753 & 3970. Introduced by Reps. Edcel C. Lagman, Janette L. Garin, Narciso D.Santiago III, Mark Llandro Mendoza, Ana Theresia Hontiveros-Baraquel, Eleandro Jesus F. Madrona. The full text of the explanatory note of  Rep. Edcel Lagman’s House Bill No. 17,  one of the substituted bills, is also reproduced below.)

REPRODUCTIVE HEALTH AND POPULATION DEVELOPMENT ACT OF 2008

OBJECTIVE/S:

• To uphold and promote respect for life, informed choice, birth spacing and responsible parenthood in conformity with internationally recognized human rights standards.
• To guarantee universal access to medically-safe, legal and quality reproductive health care services and relevant information even as it prioritizes the needs of women and children.

KEY PROVISIONS:

• Mandates the Population Commission, to be an attached agency of the Department of Health, to be the central planning, coordinating, implementing and monitoring body for effective implementation of this Act.
• Provides for the creation of an enabling environment for women and couples to make an informed choice regarding the family planning method that is best suited to their needs and personal convictions.
• Provides for a maternal death review in LGUs, national and local government hospitals and other public health units to decrease the incidence of maternal deaths.
• Ensures the availability of hospital-based family planning methods such as tubal ligation, vasectomy and intrauterine device insertion in all national and local government hospitals, except in specialty hospitals.
• Considers hormonal contraceptives, intrauterine devices, injectables and other allied reproductive health products and supplies under the category of essential medicines and supplies to form part of the National Drug Formulary and to be included in the regular purchase of essential medicines and supplies of all national and local hospitals and other government health units.
• Provides for a Mobile Health Care Service in every Congressional District to deliver health care goods and services.
• Provides Mandatory Age-appropriate Reproductive Health Education starting from Grade 5 to Fourth Year High School to develop the youth into responsible adults.
• Mandates the inclusion of the topics on breastfeeding and infant nutrition as essential part of the information given by the City or Municipal Office of the Family Planning to all applicants for marriage license.
• Mandates no less than 10% increase in the honoraria of community-based volunteer workers, such as the barangay health workers, upon successful completion of training on the delivery of reproductive health care services.
• Penalizes the violator of this Act from one month to six months imprisonment or a fine ranging from ten thousand to fifty thousand pesos or both such fine and imprisonment at the discretion of the Court.

——————————-

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FOURTEENTH CONGRESS
FIRST REGULAR SESSION

HOUSE BILL NO. 17

Introduced by HONORABLE EDCEL C. LAGMAN

EXPLANATORY NOTE

The present population of the country of 88.7 million has galloped from 60.7 million 17 years ago. This makes the Philippines the 12th most populous nation in the world today.The Filipino women’s fertility rate of 3.05% is at the upper bracket of 206 countries. With four babies born every minute, the population is expected to balloon to an alarming 160 million in 2038.

It is worth noting, however, that available studies, data and statistics show that the Filipinos are responsive to having smaller-sized families through free choice of family planning methods:

a. The desired fertility rate of Filipino women is 2.5 children per woman. However, the actual total fertility rate is 3.5 or a difference of one child because of the lack of information and absence of access to family planning. The current unmet need for contraceptives for example is 23.15% for poor women and 13.6% for women who are not poor (2003 National Demographic and Health Survey)

b. 61% of currently married women do not want additional children (2003 National Demographic and Health Survey)

c. 50.6% of the youth want to have only two children (2002 Young Adult Fertility and Sexuality Survey)

d. 97% of all Filipinos believe it is important to have the ability to control one’s fertility or to plan one’s family. It is significant to note that 87% of the total respondents are Roman Catholic (February 2004 Pulse Asia Survey)

e. Nearly nine in ten Filipinos or 86% say that candidates for elective positions who advocate a program for women’s health should be supported while only 2% say they should be rejected and 12% are undecided on the matter;

f. 82% say that candidates in favor of couples’ free choice of family planning methods should be supported while only 3% think otherwise and 15% are undecided;

g. 82% of Filipinos consider candidates supporting a law or measure on population issues worthy of their voltes while only 3% say such candidates should not be backed at the polls and 15% are undecided;

h. 83% of Filipinos say they are in favor of candidates who support the allocation of goverment funds for family planning while only 2% say they are not and 15% are undecided; and

i. A mere 8% of Filipinos believe that a candidate’s championing of family planning issues will spell that candidate’s defeat at the polls.

j. In July 1991, the Social Weather Stations conducted a survey that revealed that 97% of Filipinos want to have the ability to control their fertility and plan their families.

Notwithstanding these findings that favor smaller-sized families, this bill is not a population control measure with the sole objective of limiting population growth. It provides for population development that aims to:

(a) help couples/parents achieve their desired fertility size in the context of responsible parenthood;

(b) improve reproductive health of individuals and contribute to decreased maternal mortality rate, infant mortality and early child mortality;

(c) reduce incidence of teenage pregnancy and other reproductive health problems; and

(d) contribute to policies that will assist government to achieve a favorable balance between population and distribution, economic activities and the environment.

This measure is not coercive. It gives couples the freedom to decide whether or not to plan their families or space or limit their children. Those who decide to plan their families also have the freedom to choose what method of contraception is best suited for them. The so called “two child policy” is voluntary, not compulsory; suggestive, not coercive; and absolutely not punitive. It is not even a policy. It is a suggested ideal or norm.

Accordingly, this bill seeks to provide the enabling environment for couples and individuals to enjoy the basic right to decide freely and responsibly the number and spacing of their children and to have the information, education, and access to safe, effective, affordable and acceptable methods of family planning of their choice.

This proposed law aims to uphold and promote the four pillars of population and development enunciated by no less than President Gloria Macapagal-Arroyo herself in her statement of support for the International Conference on Population and Development (ICPD) namely: (1) responsible parenthood, (2) informed choice, (3) birth spacing, and (4) respect for life.

It should be clarified, however, that this bill does not only protect the life of the unborn from the moment of implantation but that of the mother as well. Hence, the bill seeks to promote the reproductive health of women basically through massive and sustained information campaign on reproductive health rights, care, services and facilities coupled with universal access to all methods of family planning ranging from the natural to the modern which are medically safe and legally permissible. In the event they fail to prevent pregnancy and resort to abortion, they shall be provided with appropriate health and medical care. Despite the provision for humane and compassionate management of post abortion complications, this bill continues to proscribe and penalize abortion which is a crime under the Revised Penal Code.

To contribute to the empowerment and responsible behavior of the youth, this proposed legislation provides for age-appropriate reproductive health and sexuality education that may be initiated by parents at house, and shall be sustained and complemented by formal education in school.

An effective reproductive health education does not only instill consciousness of freedom of choice but responsible exercise of one’s rights. According to the United Nations Population Fund: “It has been, repeatedly shown that reproductive health education leads to responsible behavior, higher levels of abstinence, later initiation of sexuality, higher use of contraception, and fewer sexual partners, These good effeds are even greater when parents can talk honestly with their children about sexual and reproductive matters.”

To guarantee the right of all persons to a full range of information on family planning methods, services and facilities and to ensure their access to an equally full range of medically safe and effective family planning methods at an appropriate time and by competent and adequately trained persons,the bill mandates  the Commission on Population (POPCOM) to be the central planning, coordinating, implementing and monitoring body for the comprehensive and integrated policy on reproductive health and population development. Section 5 of the bill specifies the functions of POPCOM as the lead agency in the implementation of the “Reproductive Health, Responsible Parenthood and Population Development Act of 2007″.

This proposed Act doses not only seek to protect and promote reproductive health and rights and to empower couples, individuals, more particularly women, and the youth, but it also aims to improve the quality of life of the people in general. Studies show that rapid population growth exacerbates poverty while poverty spawns rapid population growth. Consider the following:

• The Family Income and Exfenditures Surveys by the National Statistics Office (NSO) from 1985-2000 disclose that 57.3% of families having many children are poor but only 15.7% of families having two children are poor.
• Large family size is associated with negative determinant of school participation and poor health and survival rates among children. (Orbeta, Population and the Fight Against Poverty, 2003)
• The prevalence of child labor rises, and school attendance falls, with the number of children in the family (Raymundo, 2004). Moreover,the odds of a child becoming underweight and stunted are greater if he/she belongs to a household with 5 or more members (FNRI 1998). This partly explains why poverty tends to be transmitted and sustained from one generation to the next.
• According to the UN Population Fund 2002 Report, “lower birth rates and slower population growth over the last three decades have contributed faster economic progress in a number of developing countries.”
• Moreover,the same Report disclosed that fertility declines accounted for 1/5th of the economic growth in East Asia between 1960 and 1995. Additionally, it showed that countries that invest in health, including reproductive health and family planning, and in education and women’s development register slower population growth and faster economic growth.

A consistent and coherent national population policy along with sound monetary and fiscal policies and good governance could propel our people toward sustainable human development.

HOUSE BILL NO. 5043

AN ACT PROVIDING FOR A NATIONAL POLICY ON REPRODUCTIVE HEALTH, RESPONSIBLE PARENTHOOD AND POPULATION DEVELOPMENT, AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Reproductive Health and Population Development Act of 2008“.

SEC. 2. Declaration of Policy. - The State upholds and promotes responsible parenthood, informed choice, birth spacing and respect for life in conformity with internationally recognized human rights standards.

The State shall uphold the right of the people, particularly women and their organizations, to effective and reasonable participation in the formulation and implementation of the declared policy.

This policy is anchored on the rationale that sustainable human development is better assured with a manageable population of healthy, educated and productive citizens.

The State likewise guarantees universal access to medically-safe, legal, affordable and quality reproductive health care services, methods, devices, supplies and relevant information thereon even as it prioritizes the needs of women and children,among other underprivileged sectors.

SEC. 3. Guiding Principles. - This Act declares the following as basic guiding principles:

a. In the promotion of reproductive health, there should be no bias for either modern or natural methods of family planning;

b. Reproductive health goes beyond a demographic target because it is principally about health and rights;

c. Gender equality and women empowerment are central elements of reproductive health and population development;

d. Since manpower is the principal asset of every country, effective reproductive health care services must be given primacy to ensure the birth and care of healthy children and to promote responsible parenting;

e. The limited resources of the country cannot be suffered to, be spread so thinly to service a burgeoning multitude that makes the allocations grossly inadequate and effectively meaningless;

f. Freedom of informed choice, which is central to the exercise of any right, must be fully guaranteed by the State like the right itself;

g. While the number and spacing of children are left to the sound judgment of parents and couples based on their personal conviction and religious beliefs, such concerned parents and couples, including unmarried individuals, should be afforded free and full access to relevant, adequate and correct information on reproductive health and human sexuality and should be guided by qualified State workers and professional private practitioners;

h. Reproductive health, including the promotion of breastfeeding, must be the joint concern of the National Government and Local Government Units(LGUs);

i. Protection and promotion of gender equality, women empowerment and human rights, including reproductive health rights, are imperative;

j. Development is a multi-faceted process that calls for the coordination and integration of policies, plans, programs and projects that seek to uplift the quality of life of the people, more particularly the poor, the needy and the marginalized;

k. Active participation by and thorough consultation with concerned non-government organizations (NGOs), people’s organizations (POs) and communities are imperative to ensure that basic policies, plans, programs and projects address the priority needs of stakeholders;

l. Respect for, protection and fulfillment of reproductive health rights seek to promote not only the rights and welfare of adult individuals and couples but those of adolescents’ and children’s as well; and

m. While nothing in this Act changes the law on abortion, as abortion remains a crime and is punishable, the government shall ensure that women seeking care for post-abortion complications shall be treated and counseled in a humane, non-judgmental and compassionate manner.

SEC. 4. Definition of Terms. - For purposes of this Act, the following terms shall be defined as follows:

a. Responsible Parenthood - refers to the will, ability and cornmitTrient of parents to respond to the needs and aspirations of the family and children more particularly through family planning;

b. Family Planning - refers to a program which enables couple, and individuals to decide freely and responsibly the number and spacing of their children and to have the information and means to carry out their decisions, and to have informed choice and access to a full range of safe, legal and effective family planning methods, techniques and devices.

c. Reproductive Health -refers to the state of 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 funcitions and processes. This implies that people are able to have a satisfying and safe sex life, that they have the capability to reproduce and the freedom to decide if, when and how often to do so, provided that these are not against the law. This further implies that women and men are afforded equal status in matters related to sexual relations and reproduction.

d. Reproductive Health Rights - refers to the rights of individuals and couples do 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 carry out their decisions; and to attain the highest standard of sexual and reproductive health.

e. Gender Equality - refers to the absence of discrimination on the basis of a person’s sex, in opportunities, allocation of resources and benefits, and access to services.

f. Gender Equity - refers to fairness and justice in the distribution of benefits and responsibilities between women and men, and often requires. women-specific projects and programs to eliminate existing inequalities, inequities, policies and practices unfavorable too women.

g. Reproductive Health Care - refers to the availability of and access to a full range of methods, techniques, supplies and services that contribute to reproductive and sexual health and well-being by preventing and solving reproductive health-related problems in order to achieve enhancement of life and personal relations. The elements of reproductive health care include:

1. Maternal, infant and child health and nutrition;

2. Promotion of breastfeeding;

3. Family planning information end services;

4. Prevention of abortion and management of post-abortion complications;

5. Adolescent and youth health;

6. Prevention and management of reproductive tract infections (RTIs), HIV/AIDS and other sexually transmittable infections (STIs);

7. Elimination ofviolence against women;

8. Education and counseling on sexuality and sexual and reproductive health;

9. Treatment of breast and reproductive tract cancers and other gynecological conditions;

10. Male involvement and participation in reproductive health;,

11. Prevention and treatmentof infertility and sexual dysfunction; and

12. Reproductive health education for the youth.

h. Reproductive Health Education - refers to the process of acquiring complete, accurate and relevant information on all matters relating to the reproductive system, its functions and processes and human sexuality; and forming attitudes and beliefs about sex, sexual identity, interpersonal relationships, affection, intimacy and gender roles. It also includes developing the necessary skills do 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.

i. Male involvement and participation - refers to the involvement, participation, commitment and joint responsibility of men with women in all areas of sexual and reproductive health, as well as reproductive health concerns specific to men.

j. Reproductive tract infection (RTI) - refers do sexually transmitted infections, sexually transmitted diseases and other types of-infections affecting the reproductive system.

k. Basic Emergency Obstetric Care - refers to lifesaving services for maternal complication being provided by a health facility or professional which must include the following six signal functions: administration of parenteral antibiotics; administration of parrenteral oxyttocic drugs; administration of parenteral anticonvulsants for pre-eclampsia and iampsia; manual removal of placenta; and assisted vaginal delivery.

l. Comprehensive Emergency Obstetric Care - refers to basic emergency obstetric care plus two other signal functions: performance of caesarean section and blood transfusion.

m. Maternal Death Review - refers to a qualitative and in-depth study of the causes of maternal death with the primary purpose of preventing future deaths through changes or additions to programs, plans and policies.

n. Skilled Attendant - refers to an accredited health professional such as a licensed midwife, doctor or nurse who has adequate proficiency and the skills to manage normal (uncomplicated) pregnancies, childbirth and the immediate postnatal period, and in the identification, management and referral of complication in women and newborns.

o. Skilled Attendance - refers to childbirth managed by a skilled attendant under the enabling conditions of a functional emergencyobstetric care and referral system.

p. Development - refers to a multi-dimensional process involving major changes in social structures, popular attitudes, and national institutions as well as the acceleration of economic growth, the reduction of inequality and the eradication of widespread poverty.

q. Sustainable Human Development - refers to the totality of the process of expending human choices by enabling people to enjoy long, healthy and productive lives, affording them access to resources needed for a decent standard of living and assuring continuity and acceleration of development by achieving a balance between and among a manageable population, adequate resources and a healthy environment.

r. Population Development - refers to a program that aims to: (1) help couples and parents achieve their desired family size; (2) improve reproductive health of individuals by addressing reproductive health problems; (3) contribute to decreased maternal and infant mortality rates and early child mortality; (4) reduce incidence of teenage pregnancy; and (5) enable government to achieve a balanced population distribution.

SEC. 5. The Commission on Population (POPC0NI). - Pursuant to the herein declared policy, the Commission on Population (POPCOM) shall serve as the central planning, coordinating, implementing and monitoring body for the comprehensive and integrated policy on reproductive health and population development. In the implementation of this policy, POPCOM, which shall be an attached agency of the Department of Health (DOH) shall have the following functions:

a. To create an enabling environment for women and couples to make an informed choice regarding the family planning method that is best suited to their needs and personal convictions;

b. To integrate on a continuing basis the interrelated reproductive health and population development agenda into a national policy, taking into account regional and local concerns;

c. To provide the mechanism to ensure active and full participation of the private sector and the citizenry through their organizations in the planning and implementation of reproductive health care and population development programs and projects;

d. To ensure people’s access to medically safe, legal, quality and affordable reproductive health goods and services;

e. To facilitate the involvement and participation of non-government organizations and the private sector in reproductive health care service delivery and in the production, distribution and delivery of quality reproductive: health and family planning supplies and commodities to make them accessible and affordable to ordinary citizens;

f. To fully implement the Reproductive Health Care Program with the following components:

(1) Reproductive health education including but not limited to counseling on the full range of legal and medically-safe family planning methods including surgical methods;

(2) Maternal, pen-natal and post-natal education, care and services;

(3) Promotion of breastfeeding;

(4) Promotion of male involvement, participation and responsibility in reproductive health as well as other reproductive health concerns of men;

(5) Prevention of abortion and management of post-abortion complications; and

(6) Provision of information and services addressing the reproductive health needs of the poor, senior citizens, women in prostitution, differently-abled persons, and women and children in war AND crisis situations.

g. To ensure that reproductive health services are delivered with a full range of supplies, facilities and equipment and that service providers are adequately trained for reproductive health care;

h. To endeavor to furnish local Family Planning Offices with appropriate information and resources to keep the latter updated on current studies and research relating to family planning, responsible parenthood, breastfeeding and infant nutrition;

i. To direct all public hospitals to make available to indigent mothers who deliver their children in these government hospitals, upon the mothers request, the procedure of ligation without cost to her;

j. To recommend the enactment of legislation and adoption of executive measures that will strengthen and enhance the national policy on reproductive health and population development;

k. To ensure a massive and sustained information drive on responsible parenthood and on all methods and techniques to prevent unwanted, unplanned and mistimed pregnancies, it shall release information bulletins on the same for nationwide circulation to all government departments, agencies and instrumentalities, non-government organizations and the private sector, schools, public and private libraries, tri-media outlets, workplaces, hospitals and concerned health institutions;

l. To strengthen the capacities of health regulatory agencies to ensure safe, high-quality, accessible, and affordable reproductive health services and commodities with the concurrent strengthening and enforcement of regulatory mandates and mechanisms;

m. To take active steps to expand the coverage of the National Health Insurance Program (NHIP), especially among poor and marginalized women, to include the full range of reproductive health services and supplies as health insurance benefits; and

n. To perform such other functions necessary to attain the purposes of this Act.

The membership of the Board of Commissioners of POPCOM shall consist of the heads of the following AGENCIES:

1. National Economic DevelopmentAuthority (VEDA)
2. Department of Health (DOH)
3. Department of Social Welfare and Development (DSWD)
4. Department of Labor and Employment (DOLE)
5. Department of Agriculture (DA)
6. Department of the Interior and Local Government (DILG)
7. Department of Education (DepEd)
8. Department of Environment and Natural Resources (DENR)
9. Commission on Higher Education (CHED)
10. University of the Philippines Population Institute (UPPI)
11. Union of Local Authorities of the Philippines (ULAFI)
12. National Anti-Poverty Commission (NAPQ
13. National Commission on the Role of Filipino Women (NCRFW)
14. National Youth Commission (NYC)

In addition to the aforementioned, members, there shall be three private sector representatives to the Board of Commissioners of POPCOM who shall come from NGOs. There shall be one (1) representative each from women, youth and health sectors who have a proven track record of involvement in the promotion of reproductive health. These representatives shall be nominated in a process determined by the above-mentioned sectors, and to be appointed by the President for a term of three (3)years.

SEC. 6. Midwives for Skilled Attendance. -Every city and municipality shall endeavor to employ adequate number of midwives or other skilled attendants to achieve a minimum ratio of one (1)for every one hundred fifty (150) deliveries per year, to be based on the average annual number of actual deliveries or live births for the past two years.

SEC. 7. Emergency Obstetric Care. - Each province. and city shall endeavor to ensure the establishment and operation of hospitals with adequate and qualified personnel that provide emergency obstetric care. For every 500,000 population, there shall be at least one (1) hospital for comprehensive emergency obstetric care and four (4) hospitals for basic emergency obstetric care.

SEC. 8. Maternal Death Review. - All LGUs, national and local government hospitals, and other public health units shall conduct maternal death review in accordance with the guidelines to be issued by the DOH in consultation with the POPCOM.

SEC. 9. Hospital-Based Family Planning. -Tubal ligation, vasectomy, intrauterine device insertion and other family planning methods requiring hospital services shall be available in all national and local government hospitals, except: in specialty hospitals which may render such services on an optional basis. For indigent patients, such services shall be fully covered by PhilHealth insurance and/or government financial assistance.

SEC. 10. Contraceptives as Essential Medicines. - Hormonal contraceptives, intrauterine devices, injectables and other allied reproductive health products and supplies shall be considered under the category of essential medicines and supplies which shall form part of the National Drug Formulary and the same shall be included in the regular purchase of essential medicines and supplies of all national and lord hospitals and other government health units.

SEC. 11. Mobile Health Care Service. -Each Congressional District shall be provided with a van to be known as the Mobile Health Care Service (MHOS) to deliver health care goods and services to its constituents, more particularly to the poor and needy, as well as disseminate knowledge and information on reproductive health: Provided, That reproductive health education shall be conducted by competent and adequately trained persons preferably reproductive health care providers: Provided, further, That the full range of family planning methods, both natural and modern, shall be promoted.

The acquisition, operation and maintenance of the MRCS shall be funded from the Priority Development Assistance Fund (PDAF) of each Congressional District.

The MHCS shall be adequately equipped with a wide range of reproductive health care materials and information dissemination devices and equipment, the latter including but not limited to, a television set for audio-visual presentation.

SEC. 12. Mandatory Age-Appropriate Reproductive Health Education. - Recognizing the importance of reproductive health rights in empowering the youth and developing them into responsible adults, Reproductive Health Education in an age-appropriate manner shall be taught by adequately trained teachers starting from Grade 5 up to Fourth Year High School. In order to assure the prior training of teachers on reproductive health, the implementation of Reproductive Health Education shall commence at the start of the school year one year following the effectivity of this Act. The POPCOM, in coordination with the Department of Education, shall formulate the Reproductive Health Education curriculum, which shall be common to both public and private schools and shall include related population and development concepts in addition to the following subjects and standards:

a. Reproductive health and sexual rights;

b. Reproductive health care and services;

c. Attitudes, beliefs and values on sexual development, sexual behavior and sexual health;

d. Proscription and hazards of abortion and management of post-abortion complications;

e. Responsible parenthood.

f. Use and application of natural and modern family planning methods to promote reproductive health, achieve desired family size and prevent unwanted, unplanned and mistimed pregnancies;

g. Abstinence before marriage;

h. Prevention and treatment of HIV/AIDS and other, STIs/STDs, prostate cancer, breast cancer, cervical cancer and other gynecological disorders;

i. Responsible sexuality; and

j. Maternal, peri-natal and post-natal education, care and services.

In support of the natural, and primary right of parents in the rearing of the youth, the POPCOM shall provide concerned parents with adequate and relevant scientific materials on the age-appropriate topics and manner of teaching reproductive health education to their children.

In the elementary level, reproductive health education shall focus, among others, on values formation.

Non-formal education programs shall likewise include the abovementioned reproductive Health Education.

SEC. 13. Additional Duty of Family Planning 0ffice. - Each local Family Planning Office shall furnish for free instructions and information on family planning, responsible parenthood, breastfeeding and infant nutrition to all applicants for marriage license.

SEC. 14. Certificate of Compliance. - No marriage license shall be issued by the Local Civil Registrar unless the applicants present a Certificate of Compliance issued for free by the local Family Planning Office certifying that they had duly received adequate instructions and information on family planning, responsible parenthood, breastfeeding and infant nutrition.

SEC. 15. Capability Building of Community-Based Volunteer Workers. - Community-based volunteer workers, like but not limited to, Barangay Health Workers, shall undergo additional and updated training on the delivery of reproductive health care services and shall receive not less than 10% increase in honoraria upon successful completion of training. The increase in honoraria shall be funded from the Gender and Development (GAD) budget of the National Economic and Development Authority (NEDA), Department of Health (DOH) and the Department of the Interior and Local Government (DILG).

SEC. 16. Ideal Family Size. - The State shall assist couples, parents and individuals to achieve their desired family size within the context of responsible parenthood for sustainable development and encourage them to have two children as the ideal family size. Attaining the ideal family size is neither mandatory nor compulsory. No punitive action shall be imposed on parents having more than two children.

SEC. 17. Employers’ Responsibilities. - Employers shall respect the reproductive health rights of all their workers. Women shall not be discriminated against in the matter of hiring, regularization of employment status or selection for retrenchment.

All Collective Bargaining Agreements (CBAs) shall provide for the free delivery by the employer of reasonable quantity of reproductive health care services, supplies and devices to all workers, more particularly women workers. In establishments or enterprises where there are no CBAs or where the employees are unorganized, the employer shall have the same obligation.

SEC. 18. Support of Private and Non-government Health Care Service Providers. - Pursuant to Section 5(b) hereof, private reproductive health care service providers, including but not limited to gynecologists and obstetricians, are encouraged to join their colleagues in non-government organizations in rendering such services free of charge or at reduced professional fee rates to indigent and low income patients.

SEC. 19. Multi-Media Campaign. - POPCOM shall initiate and sustain an intensified nationwide multi-media campaign to raise the level of public awareness on the urgent need to protect and promote reproductive health and rights.

SEC. 20. Reporting Requirements. - Before the end of April of each year,the DOH shall submit an annual report to the President of the Philippines, the President of the Senate and the Speaker of the House of Representatives on a definitive and comprehensive assessment of the implementation of this Act and shall make the necessary recommendations for executive and legislative action. The report shall be posted in the website of DOH and printed copies shall be made available to all stakeholders.

SEC. 21. Prohibited Acts. - The following acts are prohibited:

a) Any health care service provider, whether public or private, who shall:

1. Knowingly withhold information or impede the dissemination thereof, and/or intentionally provide incorrect information regarding programs and services on reproductive health including the right to informed choice and access to a full range of legal, medically-safe and effective family planning methods;

2. Refuse to perform voluntary ligation and vasectomy and other legal and medically-safe reproductive health care services on any person of legal age on the ground of lack of spousal consent or authorization.

3. Refuse to provide reproductive health care services to an abused minor, whose abused condition is certified by the proper official or personnel of the Department of Social Welfare and Development (DSWD) or to duly DSWD-certified abused pregnant minor on whose case no parental consent is necessary.

4. Fail to provide, either deliberately or through gross or inexcusable negligence, reproductive health care services as mandated under this Act, the Local Government Code of 1991, the Labor Code, and Presidential Decree 79, as amended; and

5. Refuse to extend reproductive health care services and information on account of the patient’s civil status, gender or sexual orientation, age, religion, personal circumstances, and nature of work; Provided, That all conscientious objections of health care service providers based on religious grounds shall be respected: Provided, further, That the conscientious objector shall immediately refer the person seeking such care and services to another health care service provider within the same facility or one which is conveniently accessible: Provided, finally, That the patient is not in an emergency or serious case as defined in RA 8344 penalizing the refusal of hospitals and medical clinics to administer appropriate initial medical treatment and support in emergency and serious cases.

b) Any public official who prohibits or restricts personally or through a subordinate the delivery of legal and medically-safe reproductive health care services, including family planning;

c) Any employer who shall fail to comply with his obligation under Section 17 of this Act or an employer who requires a female applicant or employee, as a condition for employment or continued employment, to involuntarily undergo sterilization, tubal ligation or any other form of contraceptive method;

d) Any person who shall falsify a certificate of compliance as required in Section 14 of this Act; and

e) Any person who maliciously en ges in disinformation about the intent or provisions of this Act.

SEC. 22. Penalties. - The proper city or municipal court shall exercise jurisdiction over violations of this Act and the accused who is found guilty shall be sentenced to an imprisonment ranging from one (1) month to six (6) months or a fine ranging from Ten Thousand Pesos (P10,000.00) to Fifty Thousand Pesos (P50,000.00) or both such fine and imprisonment at the discretion of the court. If the offender is a juridical person, the penalty shall be imposed upon the president, treasurer, secretary or any responsible officer. An offender who is an alien shall, after service of sentence, be deported immediately without further proceedings by the Bureau of Immigration. An offender who is a public officer or employee shall suffer the accessory penalty of dismissal from the government service.

Violators of this Act shall be civilly liable to the offended party in such amount at the discretion of the proper court.

SEC. 23. Appropriations. - The amounts appropriated in the current annual General Appropriations Act for reproductive health and family planning under the DOH and POPCOM together with ten percent (10%) of the Gender and Development (GAD) budgets of all government departments, agencies, bureaus, offices and instrumentalities funded in the annual General Appropriations Act in accordance with Republic Act No. 7192 (Women in Development and Nation-building Act) and Executive Order No. 273 (Philippine Plan for Gender Responsive Development 1995-2025) shall be allocated and utilized for the implementation of this Act. Such additional sums as may be necessary for the effective implementation of this Act shall be Included in the subsequent years’ General Appropriations Acts.

SEC. 24. Implementing Rules and Regulations. - Within sixty (60) days from the effectivity of this Act, the Department of Health shall promulgate, after thorough consultation with the Commission on Population (POPCOM), the National Economic Development Authority (NEDA), concerned non-government organizations (NGOs) and known reproductive health advocates, the requisite implementing rules and regulations.

SEC. 25. Separability Clause. - If any part, section or provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall remain in full force and effect.

SEC. 26. Repealing Clause. - All laws, decrees, Orders, issuances, rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

SEC. 27. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of national circulation.

"Black in White House", that's what it says in PDI's frontpage November 6, 2008. This is definitely a historic moment in a country which four decades ago implemented a systematic policy of discrimination in some of its states no different from the apartheid policies of South Africa. I cannot emphasize my excitement now that a liberal (I don't even care if he's black) has been elected as president. Although i don't have high expectations of an Obama presidency changing many of America's policy towards South East Asia. Most of these policies are as hard as bedrock and have been laid down since the Vietnam War and have only been altered recently.

I envy the Americans because they can elect a man who came from a blue-collar family. They can elect a man without being bullied or cajoled. They can reject a failed administration and replace it with another one. Here, the story is totally different. I cannot cast my vote without the cynism hounding me. I know that I'm just electing a new set of thieves. In this country democracy is mere rhetoric. Politicians simply pay lip service to the welfare of the people. Maybe change is near. I just hope its the kind of change where young men and women would not need to take away a life.