3Repuhlic of tbe ilbtlippines QCourt

manila

ENBANC

AMENDED ADVISORY

G.R. No. 204819 (James M. Imbong, et al. v. Hon. Paquito N. Ochoa, Jr., et al.); G.R. No. 204934 (Alliance for the Family Foundation (ALFI), et al. v. Hon. Paquito N. Ochoa, et al.); G.R. No. 204957 Task Force for the Family and Life, Inc., et al. v. Hon. Paquito N. Ochoa, Jr., et al.); G.R. No. 204988 (Serve Life Cagayan De Oro City, Inc., et al. v. Office of the President, et al.); G.R. No. 205003 (Expedito Bugarin v. Office of the President of the Republic of the Philippines, et al.); G.R. No. 205043 (Eduardo B. Olaguer and the Catholic Xybrspace Apostolate ofthe Philippines, v. DOH Secretary Enrique T. Ona, et al.); G.R. No. 205138 (Philippine Alliance of Xseminarians, Inc. (PAX), et al. v. Hon. Paquito N. Ochoa, Jr., et al.); G.R. No. 205478 (Reynaldo J. Echavez, M.D., et al. v. Hon. Paquito N. Ochoa, Jr., et al.); G.R. No. 205491 (Spouses Francisco S. Tatad, et al. v. Office of the President of the Republic ofthe Philippines; G.R. No. 205720 (Pro-Life Philippines Foundation, Inc., et al. v. Office of the President, et al.); G.R. No. 206355 (Millennium Saint Foundation, Inc., et al. v. Office of the President, et al.; G.R. No. 207111 (John Walter B. Juat, et al. v. Hon. Paquito N. Ochoa, Jr., et al.); G.R. No. 207172 Couples for Christ Foundation, Inc., et al. v. Hon. Paquito N. Ochoa, Jr., et. al.) and G.R. No. 207563 (Almarim Centi Tillah, et al v. Executive Secretary Paquito N. Ochoa, Jr., et al.) x-----------------------------------------------------------------------------------------x

As resolved in the Supreme Court En Bane session today, the following advisory, as amended, shall govern the oral arguments scheduled on July 9, 2013 at 2:00 o'clock in the afternoon:

I. The petitioners, through their designated representatives, shall argue sequentially on the following issues:

First. Hon. Senator Francisco S. Tatad --[Five (5) minutes]--Opening Statement."'

• Not subject to interpellation.

2

Second. Atty. Maria Concepcion S. Noche -- [Twenty (20) minutes] - A. Whether or not Republic Act No. (R.A.) 10354

· .· (Responsible Parenthood and Reproductive Health Act of 20 12), ... · a) Section 12, Article II and Section 1, Article III of the

1981 Constitution which protects the right to life, particularly the right: to life of the mother and the unborn child from conception; and b) Section 15, Article II of the 1987 Constitution which requires ··that the State protect and promote the right to health of the people, considering:

(1) Section 7 of R.A. No. 10354,1 in relation to Section 24 thereof, 2 mandates all accredited public health facilities and private health facilities under certain conditions and subject to certain exceptions, to provide a full range of family planning methods, supplies and procedures and information thereon under the pain of fine and/or . . 3 1mpnsonment;

1 SEC. 7. Access to Family Planning. -All accredited public health facilities shall provide 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.

No person shall be denied information and access to family planning services, whether natural or artificial: Provided, That minors will not be allowed access to modern methods of family planning without written consent from their parents or guardian/s except when the minor is already a parent or has had a miscarriage. 2 SEC. 24. Penalties. - Any violation of this Act or commission of the foregoing prohibited acts shall be penalized by imprisonment ranging from one (I) month to six (6) months or a fine of Ten thousand pesos (PIO,OOO.OO) to One hundred thousand pesos (PIOO,OOO.OO), or both such fine and imprisonment at the discretion of the competent court: Provided, That, if the offender is a public officer, elected or appointed, he/she shall also suffer the penalty of suspension not exceeding one ( 1) year or removal and forfeiture of retirement benefits depending on the gravity of the offense after due notice and hearing by the appropriate body or agency.

If the offender is a juridical person, the penalty shall be imposed upon the president 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. If the offender is a pharmaceutical company, its agent and/or distributor, their license or permit to operate or conduct business in the Philippines shall be perpetually revoked, and a fine triple the amount involved in the violation shall be imposed.

Echavez v. Ochoa, G.R. No. 205478; Pro-Life Foundation v. Office of the President, G.R. No. 205720; Task Force for Family and Life Visayas, Inc. v. Ochoa, G.R. No. 204957.

3

(2) Section 9 of R.A. No. 10354,4 requires the inclusion of hormonal contraceptives, intrauterine devices, injectables and other safe, legal, non-abortifacient, and effective family planning products and supplies in the National Drug Formulary and the inclusion of the same in the regular purchase of essential medicines and supplies of all national hospitals. 5

In addition, as agreed upon during the En Bane session, the following have been included as issues to be handled by Atty. Maria Concepcion S. Noche:6

B. Whether or not the Court may exercise its power of judicial review despite the alleged lack of an actual case or controversy;

C. Whether or not the Status Quo Ante Order, which will expire on July 17, 2013, should be extended.

Considering these additional issues, the time allotted to Atty. Maria Concepcion S. Noche has been increased from fifteen (15) minutes to twenty (20) minutes.

Third. Atty. Luisi to V. Liban -- [Fifteen (1 5) minutes] --Whether or not R.A. No. 10354 violates: a) Section 5 of Article III of the 1987 Constitution which guarantees the freedom of religion; b) Section 4, Article Ill of the 1987 Constitution which guarantees the freedom of speech; c) Academic Freedom; and d) Section 18 (2) of Article III of the 1987 Constitution, which proscribes involuntary servitude, considering that:

4 SEC. 9. The Philippine National Drug Formulary System and Family Planning Supplies.- The National Drug Formulary shall include hormonal contraceptives, intrauterine devices, injectables and other safe, legal, non-abortifacient and effective family planning products and supplies. The Philippine National Drug Formulary System (PNDFS) shall be observed in selecting drugs including family planning supplies that will be included or removed from the Essential Drugs List (EDL) in accordance with existing practice and in consultation with reputable medical associations in the Philippines. For the purpose of this Act, any product or supply included or to be included in the EDL must have a certification from the FDA that said· product and supply is made available on the condition that it is not to be used as an abortifacient.

These products and supplies shall also be included in the regular purchase of essential medicines and supplies of all national hospitals: Provided, further, That the foregoing offices shall not purchase or acquire by any means emergency contraceptive pills, post-coital pills, abortifacients that will be used for such purpose and their other forms or equivalent. 5 Tatad v. Office of the President, G.R. No. 205491; Echavez v. Ochoa, G.R. No. 205478; Serve Life v. Office of the President, G.R. No. 204988; Alliance for Family Foundation v. Ochoa, G.R. No. 204934; Imbong v. Ochoa, GR. No. 20481. 6 Covered by the Reply to the Consolidated Comment filed in Alliance for Family Foundation v. Ochoa (G.R. No. 204934).

/J

4

(1) Section 23(a)(l), (2)(i) and (3) of RA No. 103 54,7 in relation to Sec. 24,8 penalizes the refusal of health service providers to perform reproductive health services and/or provide relevant information on reproductive health to its patients with the penalty of fine and/or imprisonment;9

(2) Section 15 of R.A. No. 1035410 reqmres marriage license applicants to undergo a seminar

7 SEC. 23. Prohibited Acts.- The following acts are prohibited: (a) Any health care service provider, whether public or private, who shall: (l) Knowingly withhold information or restrict 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, non-abortifacient and effective family planning methods; (2) Refuse to perform legal and medically-safe reproductive health procedures on any person of legal age on the ground oflack of consent or authorization of the following persons in the following instances: (i) Spousal consent in case of married persons: Provided, That in case of disagreement, the decision of the one undergoing the procedure shall prevail; and (ii) Parental consent or that of the person exercising parental authority in the case of abused minors, where the parent or the person exercising parental authority is the respondent, accused or convicted perpetrator as certified by the proper prosecutorial office of the court. In the case of minors, the written consent of parents or legal guardian or, in their absence, persons exercising parental authority or next-of-kin shall be required only in elective surgical procedures and in no case shall consent be required in emergency or serious cases as defmed in Republic Act No. 8344; and (3) Refuse to extend quality health care services and information on account of the person's marital status, gender, age, religious convictions, personal circumstances, or nature of work: Provided, That the conscientious objection of a health care service provider based on his/her ethical or religious beliefs shall be respected; however, 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, further, That the person is not in an emergency condition or serious case as defined in Republic Act No. 8344, which penalizes the refusal of hospitals and medical clinics to administer appropriate initial medical treatment and support in emergency and serious cases; (b) Any public officer, elected or appointed, specifically charged with the duty to implement the provisions hereof, who, personally or through a subordinate, prohibits or restricts the delivery of legal and medically-safe reproductive health care services, including family planning; or forces, coerces or induces any person to use such services; or refuses to allocate, approve or release any budget for reproductive health care services, or to support reproductive health programs; or shall do any act that hinders the full implementation of a reproductive health program as mandated by this Act; (c) Any employer who shall suggest, require, unduly influence or cause any applicant for employment or an employee to submit himself/herself to sterilization, use any modem methods of family planning, or not use such methods as a condition for employment, continued employment, promotion or the provision of employment benefits. Further, pregnancy or the number of children shall not be a ground for non-hiring or termination from employment; (d) Any person who shall falsify a Certificate of Compliance as required in Section 15 of this Act; and (e) Any pharmaceutical company, whether domestic or multinational, or its agents or distributors, which directly or indirectly colludes with government officials, whether appointed or elected, in the distribution, procurement and/or sale by the national government and LGUs of modem family planning supplies, products and devices.

Supra, note 2. 9 Couples for Christ Foundation, Inc. v. Ochoa, G.R. No. 207172; Millennium Saint Foundation, Inc. v. Office of the President, G.R. No. 206355; Pro-Life Foundation v. Office of the President, G.R. No. 205720; Echavez v. Ochoa, G.R. No. 205478. · 10 SEC. 15. 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 responsible parenthood, family planning, breastfeeding and infant nutrition.

5

on reproductive health services as a requisite for its · II Issuance;

(3) Section 14 ofR.A. No. 10354,12 in relation to Section 24 thereof, requires the teaching of Age-and Development-Appropriate Reproductive Health Education under threat of fine and/or . . 13 tmpnsonment;

(4) Section 7 of R.A. No. 10354,14 in relation to Section 24 thereof, 15 mandates the dissemination of any and all family planning methods and information thereon under the pain of fine and/or . . 16 tmpnsonment;

(5) Section 17 ofR.A. No. 1035417 encourages pro bono services to indigent women and makes such services a prerequisite for a medical practitioner's accreditation with PhilHealth; 18

11 Millennium Saint Foundation, Inc. v. Office of the President, G.R. No. 206355; Alliance for Family Foundation v. Ochoa, G.R. No. 204934. 12 SEC. 14. Age- and Development-Appropriate Reproductive Health Education.- The State shall provide age- and development-appropriate reproductive health education to adolescents which shall be taught by adequately trained teachers informal and non-formal educational system and integrated in relevant subjects such as, but not limited to, values formation; knowledge and skills in self-protection against discrimination; sexual abuse and violence against women and children and other forms of gender based violence and teen pregnancy; physical, social and emotional changes in adolescents; women's rights and children's rights; responsible teenage behavior; gender and development; and responsible parenthood: Provided, That flexibility in the formulation and adoption of appropriate course content, scope and methodology in each educational level or group shall be allowed only after consultations with parents-teachers-community associations, school officials and other interest groups. The Department of Education (DepED) shall formulate a curriculum which shall be used by public schools and may be adopted by private schools. 13 Couples for Christ Foundation, Inc. v. Ochoa, G.R. No. 207172; Millennium Saint Foundation, Inc. v. Office of the President, G.R. No. 206355; Pro-Life Foundation v. Office of the President, G.R. No. 205720 Tatadv. Office ofthe President, G.R. No. 205491; Imbongv. Ochoa, GR. No. 20481. 14 Supra, note I. 15 Supra, note 2. 16 Millennium Saint Foundation, Inc. v. Office of the President, G.R. No. 206355; Alliance for Family. Foundation v. Ochoa, G.R. No. 204934. 17 SEC. 17. Pro Bono Services for Indigent Women.- Private and non-government reproductive healthcare service providers including, but not limited to, gynecologists and obstetricians, are encouraged to provide at least forty-eight (48) hours annually of reproductive health services, ranging from providing information and education to rendering medical services, free of charge to indigent and low-income patients as identified through the NHTS-PR and other government measures of identifying marginalization, especially to pregnant adolescents. The forty-eight (48) hours annual pro bono services shall be included as a prerequisite in the accreditation under the PhiiHealth. 18 Pro-Life Foundation v. Office of the President, G.R. No. 205720; Echavez v. Ochoa, G.R. No. 205478.

6

(6) Section 23(3) of R.A. No. 10354,19 in relation to Section 24 thereof, 20 requires the conscientious objector to refer the person seeking such care and services to another health care service provider within the same facility or one which is conveniently accessible under threat of fine and/or imprisonment;21

(7) Section 7 of R.A. No. 10354,22 in relation to Section 24 thereof,23 requires reproductive health care providers to disseminate any and all family planning methods and information thereon under the pain of fine and/or imprisonment;

(8) Section 17 of R.A. No. 1035424 limits the rendering of pro bono services to indigent women to reproductive health care providers only; and

(9) Under Section 3(g) of R.A. No. 10354/5 the poor are given priority in the provisiOns of reproductive health care, information and supplies.

19 SEC. 23. Prohibited Acts.- The following acts are prohibited: x x x x (3) Refuse to extend quality health care services and information on account of the person's marital status, gender, age, religious convictions, personal circumstances, or nature of work: Provided, That the conscientious objection of a health care service provider based on his/her ethical or religious beliefs shall be respected; however, 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, further, That the person is not in an emergency condition or serious case as defined in Republic Act No. 8344, which penalizes the refusal of hospitals and medical clinics to administer appropriate initial medical treatment and support in emergency and serious cases; (b) Any public officer, elected or appointed, specifically charged with the duty to implement the provisions hereof, who, personally or through a subordinate, prohibits or restricts the delivery of legal and medically-safe reproductive health care services, including family planning; or forces, coerces or induces any person to use such services; or refuses to allocate, approve or release any budget for reproductive health care services, or to support reproductive health programs; or shall do any act that hinders the full implementation of a reproductive health program as mandated by this Act; (c) Any employer who shall suggest, require, unduly influence or cause any applicant for employment or an employee to submit himself/herself to sterilization, use any modem methods of family planning, or not use such methods as a condition for employment, continued employment, promotion or the provision of employment benefits. Further, pregnancy or the number of children shall not be a ground for non-hiring or termination from employment; (d) Any person who shall falsify a Certificate of Compliance as required in Section 15 of this Act; and (e) Any pharmaceutical company, whether domestic or multinational, or its agents or distributors, which directly or indirectly colludes with government officials, whether appointed or elected, in the distribution, procurement and/or sale by the national government and LGUs of modem family planning supplies, products and devices. 20 Supra, note 2. 21 Pro-Life Foundation v. Office of the President, G.R. No. 205720; Echavez v. Ochoa, G.R. No. 205478; Serve Life v. Office of the President, G.R. No. 204988; Alliance for Family Foundation v. Ochoa, G.R. No. 204934. 22 Supra, note I. 23 Supra note 2. 24 Supra note 4. 25 SEC. 3. Guiding Principles for Implementation. x x x x (g) The provision of reproductive health care, information and supplies giving priority to poor beneficiaries as identified through the NHTS-PR and other government measures of identifying marginalization must be

7

Fourth. Hon. Senator Aquilino Q. Pimentel, Jr. --[Ten (10) minutes] -- Whether or not R.A. No. 10354 violates: a) the Autonomy of Local Governments; and b) the Equal Protection Clause under Section 1, Article III of the 1987 Constitution, considering that:

(1) Section 5 ofR.A. No. 1035426 encourages local government units (LGUs) to hire an adequate number of nurses, midwives and other skilled health professionals/7

(2) Section 16 of R.A. ·No. 1035428 tasks LGUs with the training of Barangay Health Workers and other barangay volunteers on the promotion of reproductive health;29

(3) Section 18 of R.A. No. 1035430 tasks LGUs to remove baniers to reproductive health services for persons with disabilities; 31

the primary responsibility of the national government consistent with its obligation to respect, protect and promote the right to health and the right to life; 26 SEC. 5. Hiring of Skilled Health Professionals for Maternal Health Care and Skilled Birth Attendance.-The LGUs 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, jimher, That the national government shall provide additional and necessary funding and other necessary assistance for the effective implementation of this provision.

For the purposes of this Act, midwives and nurses shall be allowed to administer lifesaving 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. 27 Couples for Christ Foundation, Inc. v. Ochoa, G.R. No. 207172. 28 SEC. 16. Capacity Building of Barangay Health Workers (BHWs). - The DOH shall be responsible for disseminating information and providing training programs to the LGUs. The LGUs, with the technical assistance of the DOH, shall be responsible for the training of BHWs and other barangay volunteers on the promotion of reproductive health. The DOH shall provide the LGUs with medical supplies and equipment needed by BHWs to cany out their functions effectively: Provided, further, That the national government shall provide additional and necessary funding and other necessary assistance for the effective implementation of this provision including the possible provision of additional honoraria for BHWs. 29 Couples for Christ Foundation, Inc. v. Ochoa, G.R. No. 207172. 30 SEC. 18. Sexual and Reproductive Health Programs for Persons with Disabilities (P WDs). - The cities and municipalities shall endeavor that baniers to reproductive health services for PWDs are obliterated by the following: (a) Providing physical access, and resolving transportation and proximity issues to clinics, hospitals and places where public health education is provided, contraceptives are sold or distributed or other places where reproductive health services are provided; (b) Adapting examination tables and other laboratory procedures to the needs and conditions of PWDs; (c) Increasing access to information and communication materials on sexual and reproductive health in braille, large print, simple language, sign language and pictures; (d) Providing continuing education and inclusion ofrights ofPWDs among health care providers; and (e) Undertaking activities to raise awareness and address misconceptions among the general public on the stigma and their lack of knowledge on the sexual and reproductive health needs and rights of PWDs. 31 Couples for Christ Foundation, Inc. v. Ochoa, G.R. No. 207172.

8

(4) Section 20 ofR.A. No. 1035432 requires LGUs, to initiate and sustain a heightened nationwide multimedia-campaign to raise the level of public awareness on the protection and promotion of reproductive health and rights, in cooperation with the Department ofHealth;33

(5) Section 17 of R.A. No. 1035434 limits the rendering of pro bono services to indigent women to reproductive health care providers only;35 and

(6) Under Section 3(g) of R.A. No. 10354/6 the poor are given priority in the provisions of reproductive health care, information and

1. 37 supp tes.

Fifth. Atty. Luis Ma. Gil L. Gana -- [Five (5) minutes] -- Whether or not R.A. No. 10354 violates the Organic Act of the Autonomous Region in Muslim Mindanao (ARMM), as provided under R.A. No. 6734 and R.A. No. 9054, considering that:

(1) Section 5 ofR.A. No. 1035438 encourages local goven1ment units (LGUs) to hire an adequate number of nurses, midwives and,. other skilled health professionals;39

(2) Section 6 of R.A. No. 1035440 requires LGUs to endeavor to establish or upgrade hospitals and

32 SEC. 20. Public Awareness. -The DOH and the LGUs shall initiate and sustain a heightened nationwide multimedia-campaign to raise the level of public awareness on the protection and promotion of reproductive health and rights including, but not limited to, maternal health and nutrition, family planning and responsible parenthood information and services, adolescent and youth reproductive health, guidance and counseling and other elements ofreproductive health care under Section 4(q).

Education and information materials to be developed and disseminated for this purpose shall be reviewed regularly to ensure their effectiveness and relevance. 33 Couples for Christ Foundation, Inc. v. Ochoa, G.R. No. 207172. 34 Supra note 13. 35 Millennium Saint Foundation, Inc. v. Office of the President, G.R. No. 206355. 36 SEC. 3. Guiding Principles for Implementation. x x x x (g) The provision of reproductive health care, information and supplies giving priority to poor beneficiaries as identified through the NHTS-PR and other government measures of identifying marginalization must be the primary responsibility of the national government consistent with its obligation to respect, protect and promote the right to health and the right to life; 37 Millennium Saint Foundation, Inc. v. Office ofthe President, G.R. No. 206355 38 Supra, note 26. 39 Tillah v. Ochoa, G.R. No. 207563. 40 SEC. 6. Health Care Facilities. - Each LGU, upon its determination of the necessity based on well-supported data provided by its local health office shall endeavor to establish or upgrade hospitals and facilities with adequate and qualified personnel, equipment and supplies to be able to provide emergency

9

facilities with adequate and qualified personnel, equipment and supplies to be able to provide emergency obstetric and newborn care; 41

(3) Section 7 of R.A. No. 10354,42 mandates all accredited public health facilities and private health facilities under certain conditions and subject to certain exceptions, to provide a full range of family planning methods, supplies and procedures and information thereon;43

(4) Section 8 of R.A. No. 10354,44 requires all LGUs, national and local government hospitals, and other public health units to conduct an annual Maternal Death Review and Fetal and Infant Death Review in accordance with the guidelines set by the DOH;45

(5) Section 9 of R.A. No. 10354,46 requires the inclusion of hormonal contraceptives, intrauterine devices, injectables and other safe, legal, non-abortifacient, and effective family planning products and supplies in the National Drug Formulary and the inclusion of the same in the regular purchase of essential medicines and supplies of all national hospitals;47

(6) Section 10 ofR.A. No. 10354,48 requires LGUs to implement its own procurement, distribution

facilities with adequate and qualified personnel, equipment and supplies to be able to provide emergency obstetric and newborn care: Provided, That people in geographically isolated or highly populated and depressed areas shall have the same level of access and shall not be neglected by providing other means such as home visits or mobile health care clinics as needed: Provided, further, That the national government shall provide additional and necessary funding and other necessary assistance for the effective implementation of this provision. · 41 Supra, note 39. 42 Supra, note I. 43 Supra, note 39. 44 SEC. 8. Maternal Death Review and Fetal and Infant Death Review. - All LGUs, national and local government hospitals, and other public health units shall conduct an annual Maternal Death Review and Fetal and Infant Death Review in accordance with the guidelines set by the DOH. Such review should result in an evidence-based programming and budgeting process that would contribute to the development of more responsive reproductive health services to promote women's health and safe motherhood. 45 Supra, note 39. 46 Supra, note 4. 47 Supra, note 39. 48 SEC. 10. Procurement and Distribution of Family Planning Supplies. - The DOH shall procure, distribute to LGUs and monitor the usage of family planning supplies for the whole country. The DOH shall coordinate with all appropriate local government bodies to plan and implement this procurement and distribution program. The supply and budget allotments shall be based on, among others, the current levels and projections of the following: (a) Number of women of reproductive age and couples who want to space or limit their children;

10

and monitoring program for the usage of family planning supplies, consistent with the overall provisions ofR.A. No.-10354 and the guidelines of the DOH·49

'

(7) Section 13 ofR.A. No. 10354,50 provides that the national or the local government may provide each provincial, city, municipal and district hospital with a Mobile Health Care Service to deliver health care goods and services to its constituents, as well as disseminate knowledge and information on reproductive health; 51

(8) Section 16 of R.A. No. 1035452 tasks LGUs with the training of Barangay Health Workers and other barangay volunteers on the promotion of reproductive health;53 and

(9) Section 20 of R.A. No. 1035454 requires LGUs, to initiate and sustain a heightened nationwide multimedia-campaign to raise the level of public awareness on the protection and promotion of reproductive health and rights, in cooperation with the Department of Health. 55

II. Per agreement of the parties on June 13, 2013, the respondents shall be entitled to have the same number of speakers and the same total amount of time as do the petitioners [fifty-five (55) minutes], inclusive of the time allotted for their opening statement. The respondents waived their privilege to deliver an opening statement.

(b) Contraceptive prevalence rate, by type of method used; and (c) Cost of family planning supplies. Provided, That LGUs may implement its own procurement, distribution and monitoring program consistent with the overall provisions of this Act and the guidelines of the DOH. 49 Supra, note 39. 50 SEC. 13. Mobile Health Care Service. - The national or the local government may provide each provincial, city, municipal and district hospital with a Mobile Health Care Service (MHCS) in the form of a van or other means of transportation appropriate to its terrain, taking into consideration the health care needs of each LGU. The MHCS shall 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. The MHCS shall be operated by skilled health providers and adequately equipped with a wide range of health care materials and information dissemination devices and equipment, the latter including, but not limited to, a television set for audio-visual presentations. All MHCS shall be operated by LGUs of provinces and highly urbanized cities.

1 Supra, note 39. 52 Supra, note 28. 53 Supra, note 39. 54 Supra, note 32. 55 Supra, note 39.

11

III. The parties also agreed that the following Issues shall no longer be taken up during the oral arguments:

a. Whether or not R.A. No. 10354 violates Section 26, paragraph 1 of Article VI of the 1987 Constitution, which requires that every bill passed by the Congress shall embrace only one subject, considering that the title of the law as expressed in Section 1 of R.A. No. 1035456 covers two (2) subjects "Responsible Parenthood" and "Reproductive Health; "57

b. Whether or not R.A. No. 10354 violates the Principle of Non-Delegation of Powers, considering that Section 2, paragraphs 5,58 3( e ),59 4(1),60 9, par. 161 and 19( c )62 of R.A. No. 10354, charges the Food and Drug Administration (FDA) with: i) the registration and approval of reproductive health products, supplies, services, methods and devices; ii) the determination of whether these are being used as abortifacients; and iii) the issuance of guidelines regarding the use of contraceptives;63

56 Section I. Title. - This Act shall be known as "The Responsible Parenthood and Reproductive Health Act of2012". 57 Echavez v. Ochoa, G.R. No. 205478; Task Force for Family and Life Visayas, Inc. v. Ochoa, G.R. No. 204957. 58 Section. 2. Declaration of Policy.- x x x x 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 59 Section 3. Guiding Principles for Implementation.- x x x x (e) The State shall promote and provide information and access, without bias, to all methods of family planning, including effective natural and modem methods which have been proven medically safe, legal, non-abortifacient, and effective in accordance with scientific and evidence-based medical research standards such as those registered and approved by the FDA for the poor and marginalized as identified through the NHTS-PR and other government measures of identifying marginalization: Provided, That the State shall also provide funding support to promote modem natural methods of family planning, especially the Billings Ovulation Method, consistent with the needs of acceptors and their religious convictions; 60 Section. 4. Definition of Terms.- x x x x (I) Modern methods of family planning refers to safe, effective, non-abortifacient and legal methods,

whether natural or artificial, that are registered with the FDA, to plan pregnancy. 61 Section. 9. The Philippine National Drug Formulary System and Family Planning Supplies. - The National Drug Formulary shall include hormonal contraceptives, intrauterine devices, injectables and other safe, legal, non-abortifacient and effective family planning products and supplies. The Philippine National Drug Formulary System (PNDFS) shall be observed in selecting drugs including family planning supplies that will be included or removed from the Essential Drugs List (EDL) in accordance with existing practice and in consultation with reputable medical associations in the Philippines. For the purpose of this Act, any product or supply included or to be included in the EDL must have a certification from the FDA that said product and supply is made available on the condition that it is not to be used as an abortifacient. xxxx 62 Section. 19. Duties and Responsibilities.- x x x x (c) The FDA shall issue strict guidelines with respect to the use of contraceptives, taking into consideration the side effects or other harmful effects of their use. 63 Philippine Alliance of Xseminarians Inc. (Pax) v. Ochoa, G.R. No. 205138.

(}

12

c. Procedural issues like the relative standing of the parties; and

d. All other issues not hereinabove mentioned.

IV. All other matters not covered by the oral arguments shall not, however, be considered as eliminated as issues but shall be discussed and argued in the written memoranda of the concerned parties.

V. The interpellation by the Members of the Court will immediately follow after each presentation of arguments.

VI. The time allotted for counsels to argue shall be exclusive of the time devoted to interpellation by the Members of the Court.

VII. The Members of the Court maintain their right to ask any question on any relevant matter necessary for an enlightened resolution of the foregoing consolidated cases.

As announced on June 13, 2013, the requirement under Section 5(a), par. 2 of the Efficient Use of Paper Rule (A.M. No. 11-9-4-SC) on the submission of soft copies of the parties' court bound papers, pleadings and annexes is mandatory. Parties, however, shall have the option to submit copies of their court bound papers, pleadings and annexes through the Court's e-mail address efile.scjudiciary.gov.ph, in compact discs (CDs) or in USB flash disks.

Finally, if the oral arguments would not be completed on July 9, 2013, the resumption thereof shall be on July 23, 2013, at two o'clock in the afternoon.

Very truly yours,

ENR ofCourtyl

Honorable Maria Lourdes P. A. Sereno (x) Chief Justice Hon. Antonio T. Carpio (x) Hon. Presbitero J. Velasco. Jr. (x) Hon. Teresita J. Leonardo-de Castro (x) Hon. Arturo D. Brion (x) Hon. Diosdado M. Peralta (x) Hon. Lucas P. Bersamin (x) Hon. Mariano C. Del Castillo (x) Hon. Roberto A. Abad (x) Hon. Martin S. Villarama, Jr. (x) Hon. Jose P. Perez (x) Hon. Jose C. Mendoza (x) Hon. Bienvenido L. Reyes (x) Hon. Estela M. Perlas-Bemabe (x) Hon. Marvic Mario Victor F. Leonen (x) Associate Justices Supreme Court

Atty James M. lmbong and Jo Aurea M. lmbong (x) lmbong and Castro Law Offices Counsel for Petitioners/ G.R. No. 204819 & 207111 lmbong and Castro Law Offices Unit 304 Senor Ivan de Palacio Building 139 Malakas St., Diliman, Quezon City

Atty. Maria Concepcion S. Noche (x) Counsel for Petitioners/G.R. No. 204934 MCS NOCHE LAW OFFICE 91 Melchor Street Loyola Heights, Quezon City

Atty. Makilito B. Mahinay (reg) Counsel for Petitioners/G.R. No. 204957 Diamond St., cor. Jade St., Francisca Village 6th St., Happy Valley, Cebu City

Atty. Expedito A. Bugarin, Jr. (reg) Petitioner in G.R. No. 205003 No. 19 Country Club Village Banilad, Cebu City

Atty. Samson S. Alcantara (x) Petitioner-in-Intervention Suite 1402, 14th Fir., Manila Astral Tower Taft Avenue cor. P. Faura St., Ermita, Manila

Solicitor General Francis H. Jardeleza (x) Office of the Solicitor General 134 Amorsolo St., Legaspi Village 1229 Makati City

-13-

His Excellency Benigno Simeon C. Aquino Ill (x) Office of the President Malacafiang Palace, Manila

Senate of the Philippines (x) GSIS Building, Reclamation Area Roxas Blvd., Pasay City

House of Representatives (x) c/o Speaker Feliciano Belmonte, Jr. Batasan Bldg., Batasan Hills Diliman, Quezon City

Atty. Nelson A. Clemente (x) Counsel for Petitioners in G.R. No. 205043 Penthouse, Aurora Milestone Tower 1045 Aurora Blvd., Quezon City

Attys. Rufino L. Policarpio Ill, Cristina A. Montes, and Jeremy I. Gatdula (x) Counsel for Petitioners in G.R. No. 205720 Policarpio and Acorda Law Office 903 Richmonde Plaza San Miguel Ave. cor. Lourdes Drive, Ortigas Center, 1605 Pasig City

Attys. Earl Anthony C. Gambe and Marlon I. Yap (reg) Counsel for Petitioners in G.R. No. 204988 Gambe and Yap Law Offices Mandumol, Upper Macasandig, Cagayan de Oro City

Attys. Howard M. Calleja and Ramon Andre F. Cedro (x)

Counsel for Petitioners in G.R. No. 205478 Unit 1903-A, West Tower, PSE Centre Exchange Road, Ortigas Center, 1605 Pasig City

Atty. Ricardo M. Ribo (x) Counsel for Petitioners PAX in G.R. No. 205138 Rm. 206 Reza Building 1318 Quezon Avenue, Quezon City

Atty. Berteni Catalufia Causing (x) Counsel for Petitioners in G. R. No. 206355 Renta Pe Causing Sabarre Castro & Associates Unit 1, 2368 JB Roxas St. comer Leon Guinto St., Malate, Manila

Atty. Alan F. Paguia (x) Counsel for Petitioners in G.R. No. 205491 Unit 412 Corporate 1 01 Building 101 Mother lgnacia St., Barangay South Triangle 11 03 Quezon City

Executive Secretary Paquito N. Ochoa, Jr. (x) Premier Guest House, Malacaiiang , J.P. Laurel Sr. St., Manila

Secretary Enrique T. Ona M.D. (x) Department of Health San Lazaro Compound, Sta. Cruz, Manila

Philippine Health Insurance Corporation (x) c/o President Eduardo Banzon Citystate Centre, 709 Shaw Blvd., 1603 Pasig City

Attys. Ibarra M. Gutierrez Ill & Juan Alfonso P. Torrevillas (x)

Counsel for Intervenors Ana Theresia "Risa" Hontiveros et al.

No. 36-B Madasalin St., Brgy. Sikatuna Diliman, Quezon City

League of Cities of the Philippines (x) c/o President Oscar Rodriguez 7111 Fir., Unit J & K, CyberOne Building Eastwood Barangay Bagumbayan, Quezon City

Atty. Reynante B. Orceo (x) Counsel for respondent League of Municipalities of the Philippines-National, Inc. (LMP) 2"d Floor LMP Building, 265 Ermin Garcia St., Cubao, Quezon City

Hon. Edcel C. Lagman (x) Member, House of Representatives Office of the Secretary General House of Representatives, Batasan Complex Batasan Hills, Quezon City

Attys. Clara Rita A. Padilla, Arnold Feliciano De Vera, Marlon J. Manuel and Ray Paolo Santiago (x) Counsels for Intervenors Room 215 Benigno Mayo Hall Ateneo de Manila University Loyola Heights, 1108 Quezon City

Secretary Florencio B. Abad (x) Department of Budget and Management Gen. Solano St., San Miguel, Manila

Secretary Armin A. Luistro, FSC (x) Department of Education DepEd Complex, Meralco Avenue, Pasig City

-14-

Secretary Manuel A. Roxas II (x) Department of Interior and Local Government [DILG] EDSA cor. Mapagmahal St., Diliman, Quezon City

Secretary Corazon J. Soliman (x) Department of Social Welfare and Development Batasang Pambansa Complex, Constitution Hills Diliman, Quezon City

Hon. Arsenio M. Balisacan (x) Socio-Economic Planning Secretary and NEDA Director General, 12 Saint Josemaria Escriva Drive, Ortigas Center, Pasig City

Philippine Commission on Women (1X) c/o Chairperson Remedios lgnacio-Rikken 1145 J.P. Laurel St., San Miguel, Manila

Kenneth Y. Hartigan-Go, M.D. (x) Acting Director IV Food and Drugs Administration Civic Drive, Filinvest Corporate City Alabang, 1781 Muntinlupa City

Atty. Luis Francis A. Rodrigo, Jr. (x) Counsel for Petitioners in G. R. No. 207172 No. 5 E. Rodriguez Jr., Avenue JADC Compound, Bagong llog Pasig City, Metro Manila

League of Provinces of the Philippines (x) c/o President Alfonso Umali Unit 1510 West Tower, Philippine Stock Exchange

Center Exchange Road, Ortigas Center, Pasig City

Information Office (x) Supreme Court

Atty. Corazon D. Delos Reyes (x) Deputy Clerk of Court and Chief Judicial Records Office Supreme Court

Attys. Elizabeth Aguiling-Pangalangan & Herminio Harry L. Roque, Ethel C. Avisado (x) Counsels for movant Sen. Pilar Juliana S. Cayetano ROQUE & BUTUYAN LAW10FFICES 1904 Antel 2000 Corporate Center 121 Valero St., Salcedo Village, Makati City

Atty. Clarita Rita A. Padilla, Arnold Feliciano De Vera, Marlon J. Manuel and Ray

Paolo A. Santiago (x) Counsel for Intervenors C4RH, IPRP,

Mones, Mapandi Room 215 benigno Mayo hall Ateneo de Manila University Loyola Heights, 1108 Quezon City

Attys. E.M. Lombos, Joan A. De Venecia & Joyce Melear T. Tan (x) Counsels for Intervenors 7th Floor SyCipLaw Center 105 Paseo de Roxas, Makati City 1226

Director Suzette H. Lazo (x) Food and Drug Administration Civic Drive, Filinvest Corporate City, Alabang Muntinlupa City

Atty. Luis Ma. Gil L. Gana (x) Gana Manlangit & Perez Law Office U-403 Maga Centre, 1016 San Antonio St., Paseo de Magallanes, 1232 Makati City

-15-

G.R. No. 207172 cons. with 204819, G.R. No. 204934, G.R. No. 204957, G.R. No. 204988, G.R. No. 205003, G.R. No. 205043 G.R. No. 205138, G.R Nos.205478, G. R. No. 205491, G. R. No. 205720, 207111, & G. R. No. 206355 & 207563 tam /[ADVISORY]