Last March 12th was unlike any Saturday. While there was a Yoga for Life session, I was excused because I was to be one of YFL’s representatives to a major major activity of another of the HIV NGOs. Youth AIDS Filipinas Alliance or YAFA was launching its latest awareness campaign. Entitled the I Am Positive campaign, it was brilliant because the heavens know the thought of such a concept had crossed my mind already before. And to see it, albeit not my own doing, made me think, “Damn, brilliant!”
So Saturday morning, I was on my way to Manila Grand Opera Hotel, the venue of the event. I had it all planned out, having searched for its exact location, mapping my route, plotting my schedule. But I needed to make drastic changes to my travel at the last minute, as non-operational LRT stations botched my plans. Ergo, I was late. Well, not so bad, just about 10 minutes. So I guess you can say I was fashionably late.
Getting there, I saw some familiar faces. A long-time-no-see pozzie friend, Juan dela Cruz, greeted me as I entered. Saw a number of YAFA peeps, who I’d gotten acquainted with as fellow Yoga for Lifers. A number of other people I knew from other NGOs and government agencies. Even the UNICEF lady who E and I worked with for the Power Of You campaign in Subic and Cebu was there.
Checking out the programme, a number of other familiar faces would be there. Performing would be Nyoy Volante and my ever favorite Kung-Ako-Na-Lang-Sana girl, Bituin Escalante. Whoa. Not bad. Not bad at all.
I knew Congressman Revilla was to be guest of honor. I had been jokingly wondering which Revilla it was. I swear, I didn’t know. Tina Revilla? Not exactly the politician type. Bong Revilla? Isn’t he a senator now? Jolo Revilla? He’s too busy with showbiz. I jokingly wondered if it was Lani Mercado-Revilla. Sure enough, it was. She never struck me as a Revilla, because she was always known as Lani Mercado.
I didn’t know that she was into HIV issues. I was told she was an advocate, rightfully so since she is mother to confirmedly sexually active kids. If we recall, her son Jolo sired a son with the daughter of Rosanna Roces, out of wedlock and at such a young age. And then her other child, a daughter, was pregnant at age 16. Hmm. Sounded good, if only she wasn’t feeling important enough to be more than an hour late for the event. Oh well. Might be Noynoy’s fault for banning the indiscriminate use of sirens.
So anyways, the event began late still without Ms. Revilla, with speeches from the head of YAFA, and representatives of UNICEF and UNFPA going ahead. I think the most common thing about all the speeches were the reason behind the campaign. Statistics saying the Philippines is one of only seven countries with an alarming rise in HIV cases were cited as reasons. I don’t know. For me, the rising rates still just say that more people are having the guts to get tested, which isn’t exactly a bad thing.
Up next, another huge part of the event, was the launch of YAFA’s Youth Ambassadors. Consisting of individuals in their 20s and below, this was a group that would be roaming the Philippines to spread education and awareness on HIV issues to their fellow youths.
A hefty group of seventeen, it was astoundingly a mixed group. Genders? Males and females. Sexual orientations? Straight, gay and bi. Regions? Metro Manila, Luzon, Visayas and Mindanao. At-risk groups? MSM (men who have sex with men), IDU (injecting drug users) and F/MSW (sex workers). HIV statuses? Positive and negative. Just really all sorts were represented in the 17 individuals. I guess the only common thing was that they were all youths. Precisely, Youth Ambassadors.
Finally, the time came for Congresswoman Revilla to take the podium. She started off well, citing the reason for her concern, and using her own kids as examples. But then her speech took a turn… for the worse. As she bombarded us with statistics and research, I noticed she began delving into data about condoms being ineffective, condoms having holes bigger than the HIV virus, and condoms encouraging promiscuity. I needed to refresh myself, what event was this again?
In a while, she made it clear. She was against the Reproductive Health Bill, and was going the path of promoting an Abstinence-Only campaign. So what in hell’s name was she doing here? I have no idea.
Seriously, Ms. Revilla? Are you not aware that at least two of your own children have taken the risk? Have you even had them tested for HIV? Don’t tell me that a condom appeared in their dreams and persuaded them to have sex? Oi, you’ve been starring in too many fictional stories… or maybe had too many doses of anesthetics.
At the end of her speech, I did not clap. I’m glad I wasn’t the only one who reacted violently. I know at least one other person wanted to speak to her before she left. But she didn’t accept the confrontation, asking the person to e-mail his thoughts to her. Yes, she left the event right after lunch, missing out on the open forum. I smelled the fear. Anywho, as the good congresswoman fled, so did the antagonism.
So instead, the concerns with her speech were flung at the Youth Ambassadors at the open forum, to which they answered that they would still be promoting all forms of awareness and education on prevention measures, condoms and all. That was good to hear.
While sadly not all of the seventeen Youth Ambassadors were there, it was a good representation. There was a performer, a pharmacist, a nurse, and a med student among the eight who were there.
I guess my biggest concern with the Youth Ambassadors would be how committed and capable they are to live the I Am Positive campaign. I do know one Ambassador chose against joining the press conference/open forum because he wasn’t ready for or into that sort of thing. He was also concerned about his fellow Ambassadors who were disclosing their HIV statuses. Hmm. What’s an ambassador supposed to do again?
And the two of them there who disclosed their HIV positive statuses seemed they were still dealing with a lot of their own personal issues. It seemed that getting onto the advocacy bandwagon was their way of coping. Now I’m not saying that it’s illegal to be all emo and teary about being HIV positive, but then I wished they came across as more prepared and ready, and committed to saying with conviction “I AM POSITIVE” in all senses of the statement.
I regret that no one thought this up back when I was still classified as “youth”. Hehehe. Sans the Revilla incident, I can say the event was a success. This was, after all, just the beginning of the campaign. The real work comes as they face their peers around the country, and only then can we judge the success of the campaign, if indeed they spark a new generation of advocates in the Youth Ambassadors and the people they will reach. Congratulations YAFA!
You can learn more about YAFA and the Youth Ambassadors on their website and you can also find them on Facebook.
- PinoyPoz
- Yes, I'm gay. I probably was since the day I was born. On my 21st birthday, I sort of had my debut. I came out to my parents. A little drama from mom, and some indifference from dad. An above-average coming out. Almost perfect.
Nine years later, two weeks before my 30th birthday, I found out... I'M HIV POSITIVE.
And so my story begins... I'm BACK IN THE CLOSET.
Tuesday, March 22, 2011
You and the Youth
Last March 12th was unlike any Saturday. While there was a Yoga for Life session, I was excused because I was to be one of YFL’s representatives to a major major activity of another of the HIV NGOs. Youth AIDS Filipinas Alliance or YAFA was launching its latest awareness campaign. Entitled the I Am Positive campaign, it was brilliant because the heavens know the thought of such a concept had crossed my mind already before. And to see it, albeit not my own doing, made me think, “Damn, brilliant!”
Tuesday, March 08, 2011
Temptation
In the straight crowd, they say there is such a thing as the seven-year itch, which I think means that seven years into a marriage or relationship, reevaluation of the partnership happens, and infidelity tends to step in. Okay, fine. So maybe I’m not straight enough for this to even remotely apply. But honestly, I am feeling an itch. And it’s been just six months into my relationship. So it’s a six-month itch… not even close to seven years. But already, the itch is creeping in. Heavens help me.
Ex-boyfriends of years ago have been making their presence felt again. Not really wanting to try again, but just for old times sex sake. Even the one ex with whom my breakup was far from civil has been haunting me. As in he lied to me, cheated on me, owes me money, and made up stories, to the point that I’m tempted to infect him with my HIV and some STDs just to get back at him… But then, to give him the pleasure of my sex would just be too much in his favor, so I haven’t acted upon his advances.
Some former fuck buddies are back. These are guys with whom my trysts can still stir an erection in me even after all these years, so completely forgetting these hot guys and the hot sex is completely alien to me. I’m not sure if it’s a gift or a curse that I am able to keep fuck buddies of years and more years ago. I guess I try not to be a wham-bang-thank-you-man kind of guy, and can actually build a friendship on the foundation of great sex. And great sex it was indeed.
Pozzie friends should be expected. I’ve had more than my fair share of positively romantic proposals. And if I ever did give in, it would be more than just because we were both HIV positive. These guys are smoking hot and oh so my type! Some pozzie friends, have even been crossing from the Yoga for Life line. I’m beginning to question my principle of not shagging in my own backyard.
Speaking of backyards, I even have a neighbor in my list. As in the guy lives about a block away, in a house that I walk past every single day. Hey, it’s not my fault that he followed me home a couple of times and mustered up the courage to talk to me the next chance he got. But man, a block away? Who are the people in your neighborhood? I now know one of mine. How much more convenient can it get?
Strangers, of course. Buses, the MRT, the mall… good thing I’m not even really into bathhouses, gay bars and other more rampantly sleazy places. And then the internet. Oi. Fine, my fault for still having my accounts on personals sites up. But even without those, even Facebook is becoming a potential cruising place for me. Argh.
Unfortunately, fidelity has never been one of my strong points. I mean I have managed to be completely faithful to some guys I was with… okay, fine… I think I’ve done it twice out of seven. But those two periods I was able to do it, I did under my own power and choice. But, mind you, it was never easy.
I’m not blaming any of these male stimuli for being hot. It’s my fault for giving in to seduction. And until now, I have never regretted having sex with anyone. It was my choice every single time.
It’s just me. I love sex. I absolutely love sex. I love giving pleasure. It fulfills me. I gain pleasure from giving pleasure. And to a point, I let it define my role in life. Who doesn’t want to be of service to others? Some do it through charity. I just happen to do it through sex among other things.
So I really hope the boyfriend knows what he got himself into choosing me as a partner. I mean, yes, he does know every mince of past that I have. He knows I’m HIV positive. He knows I’m a slut. He knows I have the sexual charge of five grown men. He knows I have kinks others can only imagine. He knows it all. But the one thing that makes the story different is that he chose to accept it all. Darn.
So I’m trying. I’m trying extremely hard. It’s not frickin’ easy. At all. And the boyfriend hinting he’d be open to letting other guys into our relationship is not helping my noble cause. Argh.
We all know I’m no angel. So just wish me luck on my huge endeavor. May I make it through my six-month itch. And the seven… And the eight… And… And as Eva Eugenio once sang, O tukso, layuan mo ako.
Tuesday, March 01, 2011
Prescription for Objection
I first saw a friend’s Facebook post ranting about Ayala Alabang. I didn’t understand really what it was all about, and brushed it off as something personal. Oi, little did I know that there was more to the sentiment. And boy, when I found out, was I shocked! Who wasn’t? Rumor has it, you now need a prescription to buy condoms in Barangay Ayala Alabang.
No... effing... way.
I heard it on TV, read it in the papers, and of course, it’s true. I searched frantically for where this all came from. Fortunately, the Alabang Bulletin website itself carries the very source. Apparently, this was an ordinance passed by the Ayala Alabang Barangay Council just this year. Entitled “An Ordinance Providing for the Safety and Protection of the Unborn Child within the Territorial Jurisdiction of Barangay Ayala Alabang,” I just had to read it for myself.
So indeed, Section 3 which states the objectives mentions repeatedly about the unborn child, unborn child and unborn child. And right off the bat, starting with the objectives, I OBJECT! What the hell does the “unborn child” have to do with condoms?
I just think that if condoms were indeed used, and used properly, there wouldn’t be an unborn child in the first place. And if there indeed was an unborn child already - ergo sperm has met the egg - then condoms can’t do any more harm to it, can they? So the condoms and the unborn child connection absolutely does NOT compute.
At this point, I need to make clear that I can only defend condoms. The rest, which are defined to be abortifacients, I leave to the straights to take care of. I seriously doubt if I’ll ever need the service of abortifacients in my personal capacities.
In truth, condoms were only really mentioned explicitly once. Section 2 D states that the Barangay, “denounces the use of condoms as far as they promote and sanction immoral sexual congresses among the unmarried and especially among the young...”
Poor, poor condoms. Why denounce condoms? Do condoms contain subliminal messages that human beings do not have the intellectual capacity to thwart? Or is it not true that human beings entertain their own thoughts, make their own decisions, and are responsible for their own actions?
Seriously?! Are we not in 2011 to be this prude? Was it not some biblical character who said something like, “Go forth and multiply”? If that’s not promoting sex, what is? Should we then condemn the bible and Catholicism altogether?
In addition, Section 2 D also states that the Barangay, “condemns the irresponsible and indiscriminate use of contraceptives as they undermine the solidarity of families by promoting premarital sex, giving rise to more fatherless children, more single mothers, more poverty, and more abortions when the contraceptives fail to prevent conception, and by causing a decline of legitimate marriages”
So, in the same sense, should we condemn the use of seatbelts altogether because they also give rise to more fatherless children, more single mothers, more poverty and more abortions when seatbelts fail to prevent deaths due to road accidents? Duh.
And is there a study that proves that contraceptives actually cause a decline of legitimate marriages? I thought we were protecting the unborn child? How come it seems we are now protecting legitimate marriages? Again, the connection is lost.
Personally, I actually think this ordinance was just a sneaky way of getting condoms into trouble by generalizing the contraceptives category. I mean, seriously, to ask for a prescription for condoms... Isn’t that a bit much?
If doctors do prescribe condoms, I suggest they give free Viagra along with it, as people would have to sustain erections much longer to make up for the consultation time. Oh and the clinics should be open 24 hours a day, too, to accommodate late night and early morning spontaneous sex.
I mean, Filipinos are conservative now as it is, that you have to take a pack of condoms up to the cashier. And now you have to go to a doctor to prescribe them? Considering it would technically be a doctor’s consultation to have to ask for a prescription, a consultation you may have to pay for, could this be a ploy for additional income for doctors in Ayala Alabang? Don’t doctors in Ayala Alabang have anything better to do than prescribe condoms? How sad.
Fine, so maybe I’m biased towards condoms, but let me ask you a few questions...
If this were enacted just to save the unborn child, then should this prescription requirement not be targeted only to straight couples having vaginal sex? Because the last time I checked, homosexual acts, and anal and oral sex can only give rise to pregnant tonsils and fudgy cream pies. Let’s not even talk about bestiality. No unborn children there... ever.
Oi, there are so many issues in this ordinance that violate basic human rights.
If in this Barangay, commercial entities are not allowed the fair right to do business and sell their innocent goods, then they should pack up and move out of the Barangay. If schools are not allowed to be proactive and care enough to uphold their constituents’ rights to education, albeit sex education, then these schools should move where they are free to do their duty. Barangays need to care for businesses too, ya know.
Clearly, this Barangay has a hidden agenda, and does not truly care about the wellbeing of their people. To everyone living in Ayala Alabang, move out, and go to where you will be cared for. Or stay there, and just go to neighboring barangays to get condoms and get the health services you deserve.
Oh, and next time, do NOT vote for the people behind this ordinance, namely Barangay Captain ALFRED A. XEREZ-BURGOS, JR., Barangay Councilors JOANNA CALUGCUG, ALICE A. BACANI, MARIA CARMEN G. REYES, MA. SOLEDAD M. TUGADE, MARIANO S.MANAS, JR., APOLINARIO R. DE LOS SANTOS III, GIANCARLO A. NAZARIO, and SK Chairman JUAN ENRICO A. PARFAN.
They are NOT at your service. They are not very smart either. While Ayala Alabang is known to be the village of the rich and cultured, clearly, the rich and cultured are not exempt from being uneducated.
A quick search reveals that Alfred A. Xerez-Burgos Jr. is President and CEO Landco Pacific Corporation (I would think twice about living in Landco properties now). He is President of the Muntinlupa Development Foundation, a 20-year old Foundation helping the poor people of Muntinlupa (helping themm multiply?). He is also the President of Club Punta Fuego, Inc., and Chairman of Philippine Red Cross, Rizal Chapter (seriously?). He graduated from the Asian Institute of Management in 1971. Prior to this, he graduated among the top 25% of his class from the De La Salle University in 1969 (yes, La Salle, he is your product).
One last question. If I move to Ayala Alabang and have unprotected sex with everyone there and infect everyone with HIV, would I be applauded and excused because of the unavailability of condoms? You know, for the protection of the unborn child? Hmm, interesting.
Read the entire text of the ordinance below, or visit the Alabang Bulletin website.
Republic of the Philippines, City of Muntinlupa
Sanggunian Barangay of Ayala Alabang
Barangay Ordinance No. 01, Series of 2011
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
Be it enacted by the Sangguniang Barangay of Ayala Alabang, Muntinlupa City:
SECTION 1. SHORT TITLE
This Ordinance shall be known as the Protection of the Unborn Child Ordinance of 2011.
SECTION 2. DECLARATION OF BARANGAY POLICIES
A. BARANGAY AYALA ALABANG (hereafter, the BARANGAY) upholds (a) the State’s recognition of the sanctity of family life and its obligation to protect and strengthen the family as a basic autonomous social institution (Article II, Section 12 of the Constitution); (b) the duty of the State “to equally protect the life of the mother and the life of the unborn child from conception” (Ibid.) since the unborn is the family’s most vulnerable member, and, (c) the State’s identification of the Filipino family including the unborn child as “the foundation of the nation” and its pledge to “strengthen the family’s solidarity and actively promote its total development” [Article XV, Section 3 (1)];
B. The BARANGAY also adheres to (a) the State’s declared policy of “full respect for human rights” (Article II, Section 11), the most basic of which is the right to life for without it all other rights become meaningless; (b) the implicit Constitutional principle that the people’s right to life (Article III, Section 1) like that of the unborn child is an absolute value and norm that cannot be repealed by ordinary legislation;
C. The BARANGAY likewise supports the State’s recognition of (a) the right of children to proper care and nutrition, protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development [Article XV, Section 3 (2)]; (b) the vital role of the youth in nation building, and (c) its commitment to promote and protect their physical, moral, spiritual, intellectual and social well-being, and, (d) the role of women in nation-building, and, its pledge to ensure the fundamental equality before the law of women and men (Article II, Sections 13 & 14);
D. The BARANGAY as well (a) endorses the view that contraceptive pills and hormonal contraceptives and the IUD may kill children and injure the health of women who use them; (b) condemns the irresponsible and indiscriminate use of contraceptives as they undermine the solidarity of families by promoting premarital sex, giving rise to more fatherless children, more single mothers, more poverty, and more abortions when the contraceptives fail to prevent conception, and by causing a decline of legitimate marriages, and, (c) denounces the use of condoms as far as they promote and sanction immoral sexual congresses among the unmarried and especially among the young, thereby contradicting the Constitutional injunction that the State “shall promote and protect … the physical, moral, spiritual, intellectual and social well-being” of the youth;
E. The BARANGAY (a) acknowledges that the unborn possesses and enjoys all human rights like other persons by nature and by law and that he or she shall be entitled first and foremost to the right of life, safety and protection even as he or she may still be in his or her mother’s womb; (b) follows the mandate of the Constitution that the unborn child shall be protected from the moment of conception from all outside interventions, interferences or intrusions, including, but not limited to, intentional acts that may be medically considered as abortive whether through the use of chemicals, surgical or abdominal massage during the natural process of growth of the fertilized ovum, and (c) backs up the principle that the right of the parents over their minor daughters with unborn children is superior to that of the State in instances involving the safety, protection and welfare of the said unborn children and their mothers of minor age; and,
F. The BARANGAY lastly deduces from pertinent Constitutional tenets that since life begins at conception there is no place for the so-called “free choice” argument to justify compulsory sex education in the schools within its territorial jurisdiction that, among other things, disregards “the right of families or family associations to participate in the planning and implementation of policies and programs that affect them” [(Article XV, Section 3 (2)] or that insidiously allows the State to take over “the natural and primary right and duty of parents” to rear their children “for civic efficiency and the development of (their) moral character” (Article II, Section 12 last sentence).
SECTION 3. OBJECTIVES
The ordinance has the following objectives:
(a) to promote the safety, protection, and, welfare of the unborn child from the moment of conception or fertilization and during all stages of development while inside the mother’s womb;
(b) to acknowledge the unborn child as a human being with human personality and to extend the mantle of legal protection to the child from the moment of his or her conception or fertilization;
(c) to mandate that the delivery of health services to the mother during pregnancy shall be done without prejudice to the unborn child;
(d) to ensure the continued well-being and good health of the mother by protecting her from any act or threat that may adversely affect the viability of the unborn child in all stages of the mother’s pregnancy and even after the child’s delivery;
(e) to encourage the legal, moral and healthy sexual relationships among those entitled thereto under the laws of the country and pursuant to the religious convictions of the couples concerned as mandated by the Constitution; and
(f) to support the Constitutional precept that the total development of the child is a primordial duty of both the parents and the State and its agencies, including the BARANGAY.
(g) to promote and provide effective and scientifically proven Natural Family Planning (NFP) services to married couples and those engaged to be married, because NFP, unlike contraceptives, strengthens rather than weakens the marriage bond between husband and wife, which is the foundation stone of the family, the foundation of the nation.
SECTION 4. DEFINITION OF TERMS
For purposes of the Ordinance, the following terms are defined as follows:
Unborn – refers to a child at any stage of his or her existence and development beginning from the union of the sperm and the egg until the birth stage;
Conception or Fertilization – refers to the time that the sperm fertilizes the egg, which starts a new life that has a distinct existence and genetic make-up of its own;
Implantation – refers to that stage of development of the fetal life which takes place around five days after fertilization when the fertilized egg is implanted in the ovum.
Fetal development – refers to the development process of human life from the union of the sperm and egg until the birth of the child.
Abortion – any act or practice whether done intentionally or unintentionally to endanger, cause or bring about the death, injury, damage, expulsion or interference in the natural development of the fetus or the unborn child such as through “hilot” (abdominal massage), administration of certain medicines or herbal concoctions, suction, hysterectomy, saline injection, hormonal contraceptives, intra-uterine devices (IUD’s) or other similar means or devices like vacuum aspirators or abortifacient substances whether used singly or in combination with other substances.
Abortive acts – abortion practiced by the woman herself or by her parents or guardians, physicians or midwives or pharmacists who dispense abortives in violation of the provisions of the Revised Penal Code (Articles 256-259).
Contraceptive – any device or drug that is intended or has the purpose or effect of preventing conception as a consequence of sexual intercourse.
Abortifacient – 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; except for such devices, medicines, substances or practices which are standard medical treatments for medical conditions which threaten the life or physical health of a pregnant woman or an unborn child, when used to treat such medical conditions, and neither the primary effect nor purpose of such device, medicine, substance, or practice is to cause the termination of a pregnancy or prevent conception. Abortifacients include Intrauterine Devices (IUD’s), and hormonal contraceptives, as well as any and all other devices, medicines, substances or practices which fall within the foregoing definition, including but not limited to the list hereto attached as Annex A entitled as List of Hormonal Contraceptives. This list shall be updated from time to time as the need arises.
Human personality – refers to the status that is gained and attaches to an unborn child from the moment of conception.
Parental Right – refers to the right of parents to give or withhold consent when minors are involved in any decision or disposition relating to unborn children at any stage of their development in the wombs of their minor mothers.
SECTION 5. HEALTH SERVICE DELIVERY
All health services performed within the territorial jurisdiction of the BARANGAY including any other institution or person, whether natural or juridical, the Barangay Health Centers and any domestic health care institution, which is duly licensed and accredited and devoted primarily to the maintenance and operation of facilities for health promotion, prevention, diagnosis, treatment, and care of individuals suffering from illness, disease, injury, disability or deformity, or in need of obstetrical or other medical and nursing care shall use only safe, ethical, effective, legal and non-abortifacient medicines or drugs or machines, devices or methods of treatment that do not cause abortion intentionally or unintentionally.
For the protection of the unborn and the institutions of marriage and family, no abortifacients shall be prescribed by health care providers within the territorial jurisdiction of the BARANGAY.
All funds which are budgeted or disbursed by the BARANGAY for programs to support responsible parenthood shall be used exclusively to promote and provide effective and scientifically proven Natural Family Planning (NFP) services to married couples and those engaged to be married.
The BARANGAY shall encourage, and where possible support, financially and otherwise, the establishment of one or more crisis pregnancy centers within the Barangay, to provide assistance in the form of counseling, and, if possible, medical and material support to women who are experiencing a crisis pregnancy.
SECTION 6. PROHIBITED ACTS
It is hereby declared illegal and unlawful for:
1. Any natural or juridical person to advertise within the territorial jurisdiction of the BARANGAY by billboards, brochures, leaflets, flyers or similar means or in any manner or form, sell, offer for free or endorse, promote, prescribe or distribute abortifacients as defined in Section 4. Definition of Terms.
2. Any person to subject an unborn child or his or her mother to acts that may endanger or expose the unborn child or mother to injury or death.
3. Any person to hold, conduct or teach compulsory sex education without prior consultation with, and written permission of, the parents or guardians of minor students in any school, public or private within the territorial jurisdiction of the BARANGAY;
4. Any funds of the BARANGAY to be used for the purchase or provision of contraceptives as defined in Section 4. Definition of Terms; and,
5. Either the BARANGAY or its employees or its agencies to solicit, accept or dispense contraceptives as defined in Section 4. Definition of Terms.
SECTION 7. REGULATED ACTS
The pertinent provisions of Republic Act No. 5921 entitled AN ACT REGULATING THE PRACTICE OF PHARMACY AND SETTING STANDARDS OF PHARMACEUTICAL EDUCATION IN THE PHILIPPINES AND FOR OTHER PURPOSES enacted into law June 21, 1969 are hereby incorporated into the Ordinance as an integral part thereof and are reproduced as follows:
“Section 37. Provisions relative to dispensing of anti-conceptional substances and devices. No drug or chemical product or device capable of provoking abortion or preventing conception as classified by the Food and Drug Administration shall be delivered or sold to any person without a proper prescription by a duly licensed physician.
The pharmacist in charge of a drug store or pharmacy after filling a prescription containing abortive or anti-conceptional substance or devices shall record in a separate register book for abortives and anti-conceptionals, the following data;
(a) Number and date of the prescription;
(b) Name and address of the physician;
(c) Name, quantity and manufacturer of the drug;
(d) Name and address of the purchaser;
(e) Date of filling the prescription; and
(f) Signature of the pharmacist filling the prescription.
“Section. 41. Other penalties. Any pharmacist who shall violate any of the provisions of Sections twenty-eight, thirty, thirty-one, thirty-two, thirty-three, thirty-four, thirty-five, thirty-seven and thirty-eight of this Act or any pharmacist after his certificate of registration has been lawfully suspended or revoked, who continues to engage in the practice of pharmacy, shall, upon conviction thereof, be sentenced to a fine of not less than one hundred pesos but shall not exceed five hundred pesos or to an imprisonment of not less than thirty days but not more than four months, in the discretion of the court.
Any person other than citizens of the Philippines having been found guilty of any violation as provided for in this and the preceding section shall, after having paid the fine or having served his sentence or both when so required be also subject to deportation.”
In addition to the above provisions of Republic Act No. 5921, classifications of drugs or chemical products or devices that are abortifacients as defined in Section 4. Definition of Terms shall also fall under the regulatory provision of this Section.
SECTION 8. PENALTIES
(a) Any person found guilty for the first time of violating any provision of Section 6 of the Ordinance shall be fined in an amount not less than P1,000 but not exceeding P5,000; for the second offense, he or she shall be fined in the amount of not less than P5,000 and be imprisoned for not less than one month but not exceeding six months; and for the third and succeeding offenses, he or she shall be sentenced to an imprisonment for not less than six months but not exceeding one year. Violators of the Ordinance shall also be held civilly liable to the offended party.
(b) If the person violating any provision of the Ordinance is an employee of the BARANGAY, he or she shall also be dismissed from his or her office and shall thereafter be barred from holding any public office.
(c) If the person violating any provision of the Ordinance is a business enterprise, firm, company or corporation or an educational institution, its president, chief executive officer or any other person responsible for the management and/or operation of the enterprise in the BARANGAY, shall suffer the penalties provided for in Section 7. In addition, the BARANGAY permit to engage in business of the said business enterprise, firm, company or corporation or to operate a private educational institution in the Barangay shall be declared null and void.
SECTION 9. EXCLUSIONARY PROVISION
Acts already proscribed by the revised penal code or by any special law are excluded from the purview of the ordinance and shall be penalized pursuant to the provisions of the code or the applicable special law.
SECTION 10. SEPARABILITY CLAUSE
If any provision of this Ordinance or part thereof is declared invalid or unconstitutional, the remaining provisions shall remain valid and subsisting.
SECTION 11. EFFECTIVITY
Within three (3) days from the enactment of this Ordinance, the Sangguniang Barangay shall furnish copies thereof to the Sangguniang Panlungsod of the City of Muntinlupa for review. If the Sangguniang Panlungsod fails to take appropriate action on the Ordinance within thirty (30) days from receipt hereof, the same shall be deemed approved. The Ordinance shall take effect upon the approval by the Sangguniang Panlungsod or as herein provided and after its posting at two conspicuous places, one at the entrance of the Barangay Hall of Ayala Alabang and another at a visible place accessible to the public in the BARANGAY for three (3) consecutive weeks and its publication in a newspaper of general circulation for one (1) week.
PASSED AND APPROVED, JANUARY 3, 2011.
Signed by Punong Barangay ALFRED A. XEREZ-BURGOS, JR., Barangay Kagawads JOANNA CALUGCUG, ALICE A. BACANI, MARIA CARMEN G. REYES, MA. SOLEDAD M. TUGADE, MARIANO S.MANAS, JR., APOLINARIO R. DE LOS SANTOS III, GIANCARLO A. NAZARIO, and SK Chairman JUAN ENRICO A. PARFAN. Attested by Barangay Secretary SANTOS A. RANCUDO.
