Legal Research Constitutionality of the Reproductive Health Bill. What is the Reproductive Health Bill?

? And what is in it that makes it so controversial that even the church and the people are aroused of its presence? These questions may perhaps be appreciated by someone who has caught a good glimpse of what has been happening for the past few months in passing the Reproductive Health Bill as a law.

The Reproductive Health Bill, informally known as the RH Bill, are proposed laws in the Republic of the Philippines aiming to guarantee universal access to methods

on contraception, abortion, fertility control, sexual education, and maternal care.[1] While there is general agreement about its provisions on maternal and child health, there is great debate on its key proposal that the Philippine government and the private sector will fund and undertake widespread distribution of family planning devices such as condoms, birth control pills (BCPs) and IUDs, as the government continues to disseminate information on their use through all health care centers.

Reproductive Health refers to the state of complete physical, mental and social wellbeing aJld not merely the absence of disease or infirmity, in all matters relating to the reproductive system and to its functions and processes. This implies that people are able to have a safe and satisfying sex life, that they have the capability to reproduce and the freedom to decide if, when, and how often to do so. This further implies that women and men attain equal relationships in matters related to sexual relations and reproduction.[2]

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Sec. 2, Senate Bill 2865 The Reproductive Health Act of 2011 Sec. 4(o), Senate Bill 2865 The Reproductive Health Act of 2011

The bill is highly divisive, with experts, academics, religious institutions, and major political figures supporting and opposing it, often criticizing the government and each other in the process. Debates and rallies proposing and opposing the bills, with tens of thousands of opposition particularly those endorsed by the bishops of the Roman Catholic Church and various other conservative groups, have been happening nationwide.

The question remains whether The Reproductive Health Bill withstands the mandates or prohibitions of the constitution. This inquiry will definitely cause a great impact on determining whether RH Bill can be passed into a law and ultimately affect the way the citizen of the Philippines live.

Generally, the constitutionality of a proposed bill, law, or statute for that matter, is determined through its compatibility with the fundamental law of the land, the Philippine 1987 Constitution. The fundamental conception is that the constitution is a supreme law to which all other laws must conform. [3]

In essence, there is no provision in the constitution that prohibits the passing of a law with the likes of the controversial Reproductive Health Bill. Every statute is presumed valid.
[4]

The presumption of constitutionality can be overcome only by the clearest showing that there was indeed an infraction of the Constitution. [5]

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Agpalo, R., Statutory Construction, 2009 ed., p. 581 Salas v. Jarencio, G.R. No. 29788, August 30, 1970 5 Drilon v. Lim, 54 SCAD 218 (1994)

As what have been stated earlier, statues must be in conformity with the Constitution. Article II of the constitution is entitled Declaration of Principles and State Policies. This article is intended to lay down the rules underlying our system of government and must therefore be adhered to in the conduct of public affairs and the resolution of public issues. [6]

Section 2, Article II of the 1987 Philippine Constitution states that The Philippines is a democratic and republican State .[7] Accordingly, the country has recognized itself as a republican state because the purpose of the of a republican government is the promotion of the common welfare according to the will of the people. [8] It is a well-known fact that the Philippines have a high incidence of poverty and lack of education among most Filipino. As such, the government is compelled to create a law that would ensure the promotion of the general welfare of the Filipino people. One area of special consideration that should not be taken lightly is the high mortality rate of women in pregnancy, which occurs during and after birth. The Reproductive Health Bill, through improvement of facilities in the health care centers and strengthening the involvement of the LGU in the implementation, ensures the safety and well-being of women during and after labor.

Another basis for its constitutionality can be inferred from the declaration of the state in adopting generally accepted principles of international laws as part of the law of the land, .
[9]

Every State is, by reason of its membership in the family of nations, bound by the

generally accepted principles of international law, which are considered to be automatically part of its own laws. This is known as the doctrine of incorporation.
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[10]

In 1968, the Philippines

Cruz, I., Philippine Political Law, 2002 ed., p. 50 Sec.1, Article II, The 1987 Constitution of the Philippines 8 Cruz, I., Philippine Political Law, 2002 ed., p. 52 9 Sec. 2, Article II, The 1987 Constitution of the Philippines 10 Cruz, I., Philippine Political Law, 2002 ed., p. 57

participated in the International Conference on Human Rights and became a party to the Proclamation of Tehran providing that parents have a basic human right to determine freely and responsibly the number and spacing of their children. The constitution also states that The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother, and the life of the unborn from conception [11]

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Sec. 2, Senate Bill 2865 The Reproductive Health Act of 2011 Sec. 4(o), Senate Bill 2865 The Reproductive Health Act of 2011

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Cruz, I., Philippine Political Law, 2002 ed., p. 50 Sec.1, Article II, The 1987 Constitution of the Philippines 8 Cruz, I., Philippine Political Law, 2002 ed., p. 52 9 Sec. 2, Article II, The 1987 Constitution of the Philippines 10 Cruz, I., Philippine Political Law, 2002 ed., p. 57