Manila City Hall: No Charter violation in population policy

Manila Mayor Lito Atienza denied allegations yesterday that he violated the Constitution by issuing an executive order favoring natural family planning over artificial methods.

According to a special report by the Philippine Center for Investigative Journalism, the 30 member organizations of Reproductive Health Advocacy Network (RHAN) plan to sue Atienza, saying that by depriving Manila’s women a choice of family planning methods, he violated the Constitution. They are gathering evidence to show that the mayor has infringed on women’s rights.

On Feb. 29, 2000, Atienza issued Executive Order 003, declaring the government of Manila’s "commitment and support to the responsible parenthood movement." It vowed to uphold natural family planning "while discouraging the use of artificial methods of contraception like condoms, pills, intrauterine devices, surgical sterilization and others."

Emmanuel Sison, Atienza’s secretary, said in a statement that the Constitution had been "the mayor’s guidepost" in addressing the issue, and cited two provisions reflecting the Charter’s "pro-life" and "pro-family" leanings.

He pointed out that Article 2, Section 12 reflects the pro-life bias of the Constitution since it orders the government to "equally protect the life of the mother and the unborn from conception."

Sison said Article 15, Section 1 highlights the Constitution’s pro-family bias. "The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development," the provision read.

He said experts have "repeatedly affirmed" that as the basic social unit, the family should have "freedom from destruction" and that "whatever is destructive of the family is now considered unconstitutional."

Sison also said Manila carried no ban on artificial family planning methods, and private firms and non-government organizations (NGOs) are not being restricted from selling or distributing them.

He disputed complaints by some NGOs operating in the city that they felt harassed by the Manila government when distributing contraceptive devices.

Dr. Junice Melgar, executive director of the NGO Likhaan, said some member organizations of RHAN in Manila have received letters or been visited by city health officials, while others have been summoned to Manila City Hall.

Carolina Ruiz-Austria, director of Womenlead and one of the legal counsels of RHAN, said the summons led to a viewing of the anti-abortion film, "The Silent Scream," among other things that she described as forms of "harassment."

She also said one NGO received a letter recommending that the Manila Health Department edit the organization’s information kit. She added that NGO forums on the topic of reproductive health had been attended by city hall representatives who later asked if the forums’ organizers had permits "because this is not encouraged in Manila."

Ruiz-Austria said RHAN has a "strong case against (Atienza) because his local executives are interpreting (the order) as a ban."

She pointed out that Atienza’s EO 003 was carefully worded so as not to expressly prohibit artificial contraception, because it would be illegal to do so. The EO itself, she said, is without legal basis.

"The Constitution guarantees the right of spouses to family planning and this is part of health care. It is the mandate of local governments," Ruiz-Austria said.

The PCIJ report said Manila’s four city-funded hospitals no longer perform vasectomies and tubal ligation.

Dr. Enrique Samonte, officer-in-charge of Manila’s Safe Motherhood Office and devotee of the Holy Face of Jesus, confirms sterilization procedures are no longer performed in city-funded hospitals.

"It was included in the EO that the different hospitals funded by the city government should only promote natural family planning and should not do (tubal) ligation and vasectomy," he said.

A scrutiny of Atienza’s EO, however, reveals that the city hospitals were merely instructed to "promote and offer as an integral part of their functions counseling facilities for natural family planning and responsible parenthood."

Meanwhile, incoming Health Secretary Francisco Duque III said he would observe a hands-off policy on the decision of Atienza and other local officials not to promote contraceptives.

In a health forum, Duque said the national government cannot impose its policies on local government units because of the 1992 Local Government Code. — With Sheila Crisostomo