As submitted to us by Alabang resident Rodolfo Quinio:
On May 24, 2011, the Muntinlupa City Council remanded to the Barangay Ayala Alabang its ordinance 2 -2011 due to the following reasons:
a. The ordinance has two (2) titles, i.e. a) the protection of the unborn & b) regulation of sale and distribution of condoms and contraceptives to minors. This is an procedural infirmity in the sense that there should only be one title.
b. Curtailing the sale of condoms and contraceptive to minors could put the minors in a graver predicament due to the impulsive and reckless behavior of these minors.
c. Only the FDA under R.A. 9711 has the authority to regulate the sale and distribution of contraceptives.
d. Condoms are considered to be general merchandise items and again only upon a verified complaint before FDA can after due process act on the regulation of certain brands which may be found wanting of quality.
e. The barangay has not shown any justification that would show how the prohibition and sale of condoms and contraceptives could contribute to the prevention of an evil the barangay is seeking to prevent.
f. The prohibition of condoms and contraceptives cannot be compared to the prohibition of sale of alcohol and tobacco to minors as health effects are not the same. Furthermore, these condoms and contraceptives carry the recognition by the FDA that these products are safe.
g. Parental rights must extend to the rights of parents to raise, nurture, discipline and influence their children in the way they want to.
We’ll keep you posted on updates regarding this issue.