A group of women advocates pushing for the passage of the much
clamored Reproductive Health bill was dismayed on a reported Barangay
Ordinance about  the protection of the ‘unborn child’ in Barangay
Ayala-Alabang.

The barangay council in the village of the rich and the famous  passed
Barangay Ordinance no. 1 on January 3, 2011 entitled, “An Ordinance
Providing for the Safety and Protection of the Unborn Child within the
Territorial Jurisdiction of Barangay Ayala-Alabang; Fixing Penalties
for its Violations, and for other Purposes.”

The ordinance seeks, among others, to penalize any natural or
juridical person to advertise by billboards, brochures, leaflets,
flyers or similar means or any manner of form, sell, offer for free or
endorse, promote, prescribe or distribute abortifacients.
Abortifacients as defined in the ordinance is any device, medicine,
substance or practice which may damage, injure, interfere with the
natural development, endanger or cause the expulsion or death of an
unborn child.  It includes intrauterine devices (IUDs) and hormonal
contraceptives.

“First and foremost, there is carelessness if not outright deception
on the part of the council,” stressed Elizabeth Angsioco, National
Chairperson of the Democratic Socialists Women of the Philippines
(DSWP).

“The ordinance is not only unconstitutional and a violation of
resident’s rights to health, information, education, privacy, and to
found a family according to their own convictions; it also misuses and
misquotes the Constitution,” Angsioco said.

When the ordinance quoted the Constitution on the equal protection for
mother and unborn, it inserted the word ‘child’ after unborn which is
nowhere in the actual Constitutional provision, explains Angsioco.
Inserting the word ‘child’ gives the wrong impression that the
Constitution actually equates the unborn with a child. This will
mislead people.  Is this intentional?, she asks.

“Another thing,” Angsioco continued, “is the fact that the ordinance
is coercive as it forces residents to adhere to wrong view that
contraceptives are abortifacients and are dangerous to women’s
health.”

To explain, Angsioco said that the World Health Organization (WHO)
includes contraceptives in its List of Essential Medicines which
attests to its safety and efficacy.  “The Ayala-Alabang barangay
council cannot be more authoritative than WHO on this matter.  Fact
is, even the country’s Bureau of Food and Drugs Administration (BFAD)
recognizes the safety and efficacy of contraceptives with its approval
to making contraceptives available, she added.

“This ordinance is anti-women,” laments Angsioco, “it restricts women,
both those with means to purchase and those who cannot afford to buy.
Whereas before, only poor women are without access, this ordinance
curtails rights of even those with means.”

The Ayala-Alabang experience underscores the need for a national RH
law.  If the bill was passed earlier, there cannot be an ordinance
such as this one. The RH bill should be passed now; it will repeal
this ordinance, Angsioco ended.