NEWS: Bataan villages ban artificial contraception

**ghosthunter** · September 10th, 2011 11:28 AM

[SIZE=4]Bataan villages ban artificial contraception[/SIZE]
Home Updated September 09, 2011 02:15 PM

MANILA, Philippines – Seven barangays in Balanga in Bataan province passed ordinances banning artificial contraception, raising howls of protest from groups questioning their legality.

Advocates of reproductive health tagged the ordinances as "unconstitutional," even saying it was not within the powers of barangay officials to pass such measures.

They submitted position papers to local government units, questioning the ordinances, and intend to file complaints before the Department of Interior and Local Government and the Commission on Human Rights against concern local government officials.

Former University of the Philippines- College of Law Dean Pacifico Agabin said the ordinances were violating the right to privacy and the right to equal protection, among others.

In a forum in Quezon City yesterday, Agabin said the subject of the ordinances were not even within the functions of the barangays, noting that concerns on medicine are already regulated by the national government.

"Ang ganitong klaseng ordinance ay hindi papasa sa husgado," Agabin stressed.

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

The seven villages are Barangays 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 these ordinances are identical and all restrict access to contraceptives.

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

But the problem is the way the ordinances define abortifacients, all encompassing, according to Agabin, 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; penalize the conduct of *** education among minor students if this is done without prior consultation and written of parents; and solely promotes the so-called natural family planning method.

In the position paper filed by EnGendeRights, the group 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."(30)

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**uls** · September 10th, 2011 12:05 PM

now imagine that kind of power on a national level

babalik ang Pinas sa panahon ni Jose Rizal

**ghosthunter** · September 10th, 2011 12:20 PM

Welcome to the Taliban Republic

**Benzmizer** · September 10th, 2011 01:13 PM

These people hibernated the whole of their lives! Aside from the fact of birth control, don't they know of STDs and how contraceptives save lives from these diseases?

**uls** · September 10th, 2011 01:37 PM

narrow minded people can't seem to understand separation of church and state

mahirap ba intindihin yun?

ikaw govt official ka... bawal sa relihyon mo kumain ng baboy

so gumawa ka ng batas na pingbawal ang pag kain ng baboy

paano yung mga tao na iba relihyon na pwede kumain ng baboy?