Ordinance on contraceptives must be withdrawn by Cabral

source: abs-cbnnews
MANILA, Philippines – Former health secretary Esperanza Cabral on Saturday said the controversial barangay ordinance that requires prescription for contraceptives must be withdrawn.

“I think they should withdraw the ordinance not only because it is illegal, it is abusive, it is ignorant of the law, as well as it also usurps the power of other agencies, but also because the sentiment of the people is clearly against the ordinance,” Cabral said.

Cabral was among those who attended the public hearing of Barangay Ayala Alabang on the controversial Ordinance 1.

Barangay Ordinance 1 prohibits the promotion and purchase of any kind of contraceptive within the barangay without a doctor's prescription.

“The ordinance says that drug stores would need to keep a book and names of people who buy contraceptives to be kept, as well as what kind of contraceptive they buy,” Chiara Zambrano reported to ANC’s "Dateline Philippines" on Saturday.

By contraceptives, Zambrano said the barangay council means anything from condom to intrauterine devices to hormonal and contraceptive pills.

The barangay council argued that the contraceptives aid and abet abortion. They added that contraceptives put women’s lives in danger. The ordinance also forbids schools within the barangay to teach sex education without parental consent.

Talking to ANC, Cabral said the Barangay Ordinance usurps the roles and mandates of government agencies.

“There were many representatives of national, executive, and expert agencies including the chairman of the Board of Pharmacy, whose regulatory role the barangay wanted to usurp: the director of the Food and Drug administration, whose ability to regulate marketing and use of drugs in the Philippines the barangay council also wants to usurp; also the Department of Health that stated they are the ones mandated by law to determine what kind of family planning program that the country is going to have,” explained Cabral.

The former health secretary also mentioned that the Philippine Commission on Women told the barangay council that they were in violation of the Magna Carta for Women.

She added, “The commission en banc of the Commission on Human Rights also strongly condemned the action of the barangay council in passing this ordinance that clearly violates many constitutional and human rights”.

The hearing became tense as people for and against the ordinance came to support their ranks.

Prior to the start of the hearing, there were separate entrance doors for people supporting and opposing the ordinance.

“They say it was not to divide the community, but rather to avoid any tension or confrontation between opposing sides,” Zambrano reported. Stickers were also given to the attendees. Pink, for those for the ordinance; orange, if you’re against the ordinance; and white for those still undecided.

Those opposing the ordinance argued that it violates the equal protection clause in the Constitution. They also countered that contraceptives are not necessarily tools that are used for abortion

“Anything that is legally on sale on any drug store now is actually permitted by the government, particularly the Food and Drug Administration, so there is no reason to forbid anyone to buy anything over the counter,” Zambrano added in her report.

Another point raised by the opposition was that the ordinance is “anti-poor” as it takes time and money just to go and ask for prescription from a doctor.

Former senator Aquilino "Nene" Pimentel Jr. and Atty. Luis Sison represented the pro-ordinance panel while former Solicitor General Frank Chavez and former Congressman Ruffy Biazon spoke on behalf of those opposing it.

“I thought it was something important because it enabled both sides to hear what the other side has to say and has enabled the barangay council to listen more intently to what the community had to say,” Cabral said.

The ordinance will go back for review but still within the level of the barangay council.

Zambrano added that the mayor of Muntinlupa said they will wait for the barangay council’s decision before the City Council can decide whether to lift the suspension of the ordinance or officially declare it null and void.

For Cabral, she is positive that the ordinance will be struck down by the City Council of Muntinlupa.

“The committee on Health and Sanitation of the City Council of Muntinlupa already made their position clear that this ordinance is illegal and must be struck down. If ever it reaches the level of the City Council, the ordinance will be struck down,” she said.

source: abs-cbnnews