Despite the implementation of the RH Law and the resources mobilized for it, there was still a high
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percentage of unmet need for planning in the country; in 2013 this stood at 18 percent. This was
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attributed to several factors, including the TRO on contraceptives. This prompted the issuance of
Executive Order No. 12 by President Duterte on 09 June 2017. Titled, “Attaining and Sustaining
“Zero Unmet Need for Modern Family Planning” Through the Strict Implementation of the
Responsible Parenthood and Reproductive Health Act, Providing Funds Therefor, and for Other
Purposes,” the EO 12 aims to accelerate the implementation of the critical provisions of the RH
Law, especially among poor households.
On 10 November 2017, the Food and Drug Administration confirmed that the 51 contraceptives
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submitted for re-evaluation and re-certification are not abortifacients, hence legal and safe to use.
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Issues on the RH Law Implementation
The discussion on any law – its strengths, gaps and challenges – necessarily integrates three
interlocking concerns: the text of the law, its interpretation and thereby implementation, and its
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socio-cultural and political context. The interplay of these three is clearly seen in the RH Law, that
is, despite its progressive stance on reproductive rights of women, the socio-cultural and political
context wherein it is implemented continues to undermine its potential as a tool to empower women
and achieve gender equality.
●
Section 23-A-2-ii, which prohibits RH service providers from refusing to perform legal and
medically-safe reproductive health procedures on minors in non-life-threatening situations without
parental consent
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Geronimo, J. (2016, 22 June) “Use of modern family planning methods in PH rose in 2015 – report.”Rappler.
Retrieved from
https://www.rappler.com/nation/137256-2nd-report-implementation-reproductive-health-rh-law-family-planning.
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2013 National Demographic and Health Survey: Key Findings. Retrieved from
https://dhsprogram.com/pubs/pdf/SR216/SR216.pdf
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For instance, President Duterte specifically cited the TRO on contraceptives as a barrier to distributing the supplies
already available to meet family planning needs, and subsequently blamed the Supreme Court for this. The Supreme
Court in reply that only the Implanon and Implanon NXT are covered by the TRO, and the delay has been on the part
of the FDA which is the agency to certify if these are abortifacients or not (Alimario, A. and Cabato, R. (2017, 27 July).
“Supreme Court: No TRO vs RH Law implementation, contraceptives.” CNN Philippines. Retrieved from
http://cnnphilippines.com/news/2017/07/27/RH-Law-TRO-Supreme-Court.html)
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FDA Advisory No. 2017-302.
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The discussions in this section are based mostly on the findings in the 2016 CHR Philippines report, “Let Our Voices
be Heard: National Inquiry on Reproductive Health and Rights”, unless stated otherwise.
The said CHR report aims to: (a) examine the effectiveness and implementation of laws (MCW and the RPRH
Law), and related issuances; (b) document individual and/or systemic accounts of acts or omissions, structures, policies
or practices which result to denial of access to reproductive health services; (c) focus on the denial of and barriers to
reproductive health services as experienced by the most vulnerable and marginalized; (d) document the barriers and
problems experienced by service providers, both state and non-state, in providing reproductive health services,
particularly to those most vulnerable and marginalized. The report was based on the data gathered through written
submissions to the CHR, and CHR-organized and -facilitated fact finding missions, and the public hearings.
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Schuler, M. (1992). Legal Literacy: A Tool for Women's Empowerment
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RH Situationer: Phlippines (November 2017)
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