7 Bataan villages ban artificial contraceptives

MANILA, Philippines - Reproductive health (RH) bill advocates are protesting the ordinances passed by seven barangays in Balanga, Bataan, banning the use of artificial contraceptives.

The RH bill advocates tagged the artificial contraceptives' regulation as "unconstitutional," saying that it is now within the power of barangay officials to implement such measures.

They have submitted position papers to local government units, questioning the ordinances. They also intend to file complaints before the Department of Interior and Local Government (DILG) and the Commission on Human Rights (CHR) against the barangay offcials who passed the ordinances.

In a forum held in Quezon City today, former University of the Philippines College of Law dean Pacifico Agabin said the ordinances violate the right to privacy and the right to equal protection of the villagers.

Agabin said the subject of the ordinances are not even within the functions of the barangays, noting that concerns on medicine such as artificial contraceptives are already being regulated by the national government.

"Ang ganitong klaseng ordinance ay hindi papasa sa husgado (These kind of ordinances will pass in court)," Agabin said.

Agabin represents the group, EnGendeRights, which filed a position paper before the concerned barangays and before the city council of Balanga.

The seven villages that have passed the anti-artificial contraceptives' ordinances are Cupang Proper, Cupang West, Puerto Rivas Ibaba, Puerto Rivas Itaas, Puerto Rivas Lote, Tortugas and Tanato.

Lawyer Clara Rita Padilla, executive director of EnGendeRights, said the identical ordinances restrict access to contraceptives.

Agabin tagged the measures as "deceptive," seeming to ban only "abortifacients."

He also protested against the way the ordinances define abortifacients, covering even intrauterine devices and hormonal contraceptives.

The ordinances penalize the sale, promotion, advertisement, and prescription of modern contraceptives; prohibit barangay funds to be used for purchase or provision of such contraceptives; prohibit establishments by declaring void their barangay permits for violating the provisions of the ordinances; and penalize the conduct of sex education among minor students if this is done without prior consultation and written authorization of parents.

The ordinances promote only the natural family planning method.

Conservative, dictatorial

In the position paper filed by EnGendeRights, it maintained that this definition of abortifacients was not based on medical science but on the village officials' "conservative beliefs."

"Public officials must enact laws that ensure women's rights to life and health and public health and not those that aid religion," the position paper said.

Professor Alfredo Tadiar, chairperson of the Alternative Dispute Resolution Department of PHILJA, noted that the essence of democracy is the freedom to choose.

Tadiar said the questioned ordinances were "sectarian-dictated," which he stressed were "against democratic principles."

"You cannot live in a democracy if you have a sectarian dominated government," Tadiar stressed.

Agabin noted that the ban on artificial modes of contraception is violation of the Constitution.

He quoted the Supreme Court in saying: "The right to contraception is a protected Constitutional Right."

Citing the right to self identification, Agabin said "a person may or may not want to reproduce himself."

"The government shouldn't be allowed to trample upon it," he said.

Padilla claimed the situation in Balanga resembles that of a state of "martial law," with health workers afraid of losing their jobs with an "order prohibiting them to dispense contraceptives."

"The health workers are fearful of being seen attending our consultations as they might lose their jobs," Padilla said.

"The provisions of the seven barangay ordinances can be struck down for being ultra vires, prejudicial to public welfare, unconstitutional, inconsistend with existing laws such as the Local Government Code of 1991, Magna Carta for Women, Philippine AIDS Prevention and Control Act of 1998 and for violating international laws," she said.

The National Union of People's Lawyers also filed its position paper and stated: "The said sangguniang barangays appear to have passed these ordinances sans correct and scientific research, thus, endangering the lives of women in their respective jurisdictions."