Barangay Ayala Alabang Officials May Be Dismissed for Implementation of a Suspended Ordinance by Clara Rita A. Padilla

Manila, February 27, 2011 –“On January 11, 2011, the Sangguniang Panlungsod of Muntinlupa City exercised its power of review on the Ayala Alabang Ordinance No. 1 and returned the same with its comments to the Ayala Alabang Sangguniang Barangay. Having done so, the effectivity of the barangay ordinance is suspended. Should the Ayala Alabang barangay officials try to enforce the suspended ordinance, they may be suspended or dismissed under Sec. 58 of the Local Government Code (LGC). Furthermore, under Sec. 391 of the LGC, a barangay cannot create ordinances that impose the penalty of imprisonment,” said Attorney Clara Rita A. Padilla, Executive Director of EnGendeRights.

“The Barangay Ayala Alabang Ordinance No. 1 may be overturned by the Sangguniang Panglungsod of Muntinlupa, through initiative and plebiscite of the registered voters in Barangay Ayala Alabang or through judicial review. The provisions of the Barangay Ayala Alabang ordinance can be struck down for violating the Constitution, the Local Government Code, and the Magna Carta of Women. It infringes on the right to reproductive health, equal protection of the law and privacy by unduly restricting access reproductive health information and to legal, safe and effective methods of contraception. The Local Government Code requires local government units to provide family planning while the Magna Carta of Women (RA 9710) ensures access to legal, safe, and effective methods of family planning,” said Atty. Padilla.

Atty. Padilla added, “Oral hormonal contraceptives, injectables, IUDs, condoms, diaphragms, and implants are all included in the World Health Organization (WHO) Model List of Essential Medicines. The WHO has even submitted position papers to the House of Representatives during its committee hearings on the RH bill that these contraceptives are not abortifacients. Our very own Food and Drug Administration allows access to these contraceptive methods.”

“RA 5921 cannot be used as a basis for the ordinance since RA 5921 refers to drugs or devices provoking abortion or preventing conception. Hormonal contraceptives and condoms prevent fertilization not conception,” continued Atty. Padilla.

Atty. Padilla added, “By requiring a prescription for condoms, the ordinance imposes unreasonable restrictions on access to condoms when these are already available over-the-counter in pharmacies. The ordinance also discriminates against the poor residents of Ayala Alabang since the costs of getting a prescription for condoms will be prohibitive to them.”

“This barangay ordinance clearly illustrates why we need the immediate passage of the RH bill into law. An RH law will prohibit local government officials from enacting these kinds of unreasonable and discriminatory ordinances,” concluded Atty. Padilla.



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