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 States 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 familys most vulnerable member, and, (c) the
States identification of the Filipino family including the unborn child as the foundation of
the nation and its pledge to strengthen the familys solidarity and actively promote its
total development [Article XV, Section 3 (1)];
B. The BARANGAY also adheres to (a) the States 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 peoples
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that cannot be repealed by ordinary legislation;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 States 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

mothers 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 mothers
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 mothers pregnancy and even after the childs 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 (IUDs) 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 (IUDs), 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, thirtyseven 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.
ALFRED A. XEREZBURGOS, JR.
Punong Barangay
JOANNA CALUGCUG ALICE
A. BACANI
Barangay Kagawad
Barangay Kagawad
MARIA CARMEN G. REYES
Barangay Kagawad

MA. SOLEDAD M. TUGADE

Barangay Kagawad
MARIANO S.MANAS, JR.
Barangay Kagawad
APOLINARIO R. DE LOS
SANTOS III
Barangay Kagawad

GIANCARLO A. NAZARIO
Barangay Kagawad
JUAN ENRICO A. PARFAN
SK Chairman
Attested by:
SANTOS A. RANCUDO
Barangay Secretary