Вы находитесь на странице: 1из 10

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION PASAY CITY Branch ___

PRO-LIFE PHILIPPINES FOUNDATION, INC., Plaintiff, -- versus -PHILIPPINE INTERNATIONAL CONVENTION CENTER, INC. (PICCI); AMANDO M. TETANGCO, JR. Chairman, PICCI; ENRIQUE T. ONA, Secretary, Department of Health; TOMAS OSIAS, Executive Director, Commission on Population; Philippine NGO Council on Population Health and Welfare, Inc. (PNGOC); EDEN R. DIVINAGRACIA, Executive Director, PNGOC; Defendants. x ---------------------------------------- x COMPLAINT PLAINTIFF, by and through counsel, and to this Honorable Court, respectfully states: Civil Case No.: ____________
R-RH-14-15300-A

For: INJUNCTION with a Prayer for the Issuance of a Writ of Preliminary Injunction and a Temporary Restraining Order

Preliminary Statement 1. This is an action brought by persons advocating respect for law, good customs and public policy, particularly to enjoin defendants from: a. engaging in activity encouraging conduct subject to criminal penalty under Sections 256, 257, 258, and 259 of the Revised Penal Code of the Philippines; b. engaging in activity subject to criminal penalty under Sections 1 and 3 of Article 201 of the Revised Penal Code of the Philippines, including organizing or arranging activities to openly expound and encourage the provision of abortion services to persons in the Philippines; c. engaging in any other activity subject to criminal penalty under Article 200 of the Revised Penal Code, including organizing or arranging activities that openly expound and encourage the commission of acts that offend good customs and public policy. 2. If defendants are not enjoined, their actions will result in offenses against decency, good customs and public policy, considering that: a. the Constitution mandates the State, including its officials, agencies and instrumentalities to protect human life upon conception;1 b. abortion is a crime under Articles 256, 257, 258, and 259 of the Revised Penal Code; c. the advocacy of access to abortion is contrary to good customs and public morals; d. the venue of defendants activities is the Philippine International Convention Center (PICC), a structure owned and operated by the Philippine International Convention Center, Inc. (PICCI), a government-owned and controlled corporation.

Article II, Section 12, Constitution.

Locus Standi 3. Petitioner Pro-Life Philippines Foundation, Inc., (Pro-Life Philippines) is an organization composed of parents, families, and individuals dedicated to promote, enhance and uphold the basic rights, welfare and dignity of the unborn child and foster respect for human life. It files this petition in representation of its members who uphold the same convictions, and as a class suit in representation of other parents, families, and Filipino citizens who value the sacredness of early human life as enshrined in the Philippine Constitution. Parties 4. Petitioner PRO-LIFE PHILIPPINES FOUNDATION, INC., (ProLife Philippines) is a non-stock, non-profit institution registered under Philippine law, with address at the San Lorenzo Ruiz Student Catholic Center, 2496 Legarda St., Sampaloc, Manila, represented herein by its President, Mr. Eric Manalang. 5. Defendant PHILIPPINE INTERNATIONAL CONVENTION CENTER (PICCI) is a government owned and controlled corporation created by law, with power to sue and be sued, with address at the CCP Complex, Roxas Boulevard, Pasay City; Defendant AMANDO M. TETANGCO, JR., as Chairman of the Board of the PICCI and Governor of the Banko Sentral ng Pilipinas, is the person having official charge of the management and administration of the PICCI2, including the use of the PICC as venue for events, with address at the Philippine International Convention Center, CCP Complex, Roxas Boulevard, Metro Manila, Philippines 1307. 6. Defendant SECRETARY ENRIQUE T. ONA, M.D., is the Secretary of Health, and the person having charge of all actions of the Department of Health as International Steering Committee Member for the Republic of the Philippines in the subject event, with address at the Department of Health, San Lazaro Compound, City of Manila. 7. Defendant MR. TOMAS OSIAS is the Executive Director of the Population Commission, and the person having charge of all actions of the his organization as International Steering Committee Member in the subject event, with address at the Commission on Population, Welfareville Compound, Mandaluyong City

Presidential Decree No. 520

Defendant PHILIPPINE NGO COUNCIL ON POPULATION HEALTH AND WELFARE, INC. (PNGOC) is a private corporation and is the host and Secretariat of the Conference, with address at Rm. 305 Diplomat Condominium Bldg., Russel Avenue corner Roxas Boulevard, Pasay City; Defendant EDEN R. DIVINAGRACIA is the Executive Director of PNGOC and Chairperson of the International Steering Committee of the Conference, and may be served with summons and other processes at Rm. 305 Diplomat Condominium Bldg., Russel Avenue corner Roxas Boulevard, Pasay City; Jurisdiction and Venue 7. Jurisdiction and venue are proper in this Honorable Court pursuant to Sections 19 (1) and 21 (1) of B.P. 129, as amended. Factual Allegations 8. Defendants, at all times prior to the filing of this action, have arranged to hold, and continue to arrange and allow to commence, a conference entitled: 7TH ASIA PACIFIC CONFERENCE ON REPRODUCTIVE AND SEXUAL HEALTH RIGHTS scheduled from January 21 to 24, 2014 at the PICC in Pasay City, as publicly advertised in the web pages/sites of the conference venue3 and organizer4. 9. As disclosed and advertised by the event organizers, the conference is organized and managed by defendants, led by the PNGOC to generate new paradigms, innovative ideas and strategies that would address emerging SRHR [sexual and reproductive health and rights], issues and challenges beyond 2015 5 with and through the funding and sponsorship of the following institutions: a. FORD FOUNDATION, an open supporter of the United States-based National Network of Abortion Funds.6

8.

See http://www.picc.gov.ph/7th-asia-pacific-conference-on-reproductive-andsexual-health-rights-21-24-january-2014/ 4 See http://www.7apcrshrmanila.org/ 5 http://www.7apcrshrmanila.org/index.php?/pages/view/background. All uniform resource locators (URL) cited in this Complaint were last accessed on January 18, 2014. 6 See http://www.fundabortionnow.org/about/our-supporters

b. DAVID AND LUCILLE PACKARD FOUNDATIONS, whose Population Program aims "to slow the rate of growth of the world's population, to expand reproductive health options among the world's poor, and to support reproductive rights." Through this program, the Foundation supports organizations that share its endorsement of unrestricted access to abortion-ondemand.7 c. PATHFINDER INTERNATIONAL, A Global Leader in Sexual and Reproductive Health advocating access to safe, legal abortion services. 8 d. UNFPA (UNITED NATIONS POPULATION FUND) which funds population control programs worldwide.9 e. PCPD (PHILIPPINE CENTER FOR POPULATION AND DEVELOPMENT), which was instituted to serve as a resource institution for the Philippine population program to manage the growth of the countrys population through fertility reduction or family planning.10 f. INTERNATIONAL PLANNED PARENTHOOD FEDERATION (IPPF), which is composed of institutions which deliver sexual and reproductive health services including access to safe abortion services. Its Member Associations provide a range of abortionrelated services including pre-abortion counseling; surgical and medical abortions; treatment for complications following unsafe abortions; postabortion counseling; and post-abortion 11 contraceptive services. 10. The subject matter of the conference as outlined in its program12 include the following lectures and talks on access to and facilitation of abortion services:
See http://www.discoverthenetworks.org/funderprofile.asp?fndid=5268 See http://www.pathfinder.org/our-work/focus-areas/abortion/ 9 See http://www.unfpa.org/public/about/faqs#goal 10 See http://www.pcpd.ph/index.php/about_pcpd/about-us 11 See http://ippf.org/our-work/what-we-do/abortion/advocacy-abortion http://www.ippf.org/our-work 12 See http://www.7apcrshrmanila.org/index.php?/pages/view/programglance
8 7

and

Track 3 of the Conference is on safe abortion services Track 3: Sexual and reproductive rights in ordinary or noncrisis settings and during humanitarian response: Good practices, issues and challenges x x x 1.7 Women seeking safe abortion services13 [Scheduled for] January 21, 2014: 1:00-2:30 PM Abortion and Young People Delegation Building, 4F Summit Hall C&D [Scheduled for] January 23, 2014: 10:00-11:30 AM Facilitating young womens access to post-abortion and safe abortion Delegation Building, 4F Summit Hall 3:00-4:30 PM Womens rights to safe abortion services Delegation Building 5F East Banquet Hall 3:00-4:30 PM Access to medical abortion Forum 2, Ground Flr 4:30-6:00 PM Unsafe abortions in Asia: not just number Secretariat Building 2F Meeting Rm 8

13

See http://www.7apcrshrmanila.org/index.php?/pages/view/tracks

First Cause of Action 11. Plaintiff incorporates and re-alleges by reference all the foregoing paragraphs above. 12. The Constitution14 enjoins the State to equally protect the life of a mother and her unborn child from conception. 13. At all times prior to the filing of this action, defendants have given consent, cooperation, and imprimatur to the inclusion and delivery of the above-outlined lecture sessions, with their knowledge that such subject matter as described herein includes the dissemination of information on access to an activity that is proscribed by the Revised Penal Code of the Philippines15 pertaining to abortion. Second Cause of Action 14. Plaintiff incorporates and re-alleges by reference all the foregoing paragraphs above. 15. The Constitution16 enjoins all public employees to be loyal to the Constitution at all times. officers and

16. Republic Act 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) enjoins all public officials to uphold the Constitution and laws of the Philippines.17 17. At all times prior to the filing of this action, defendants have given consent, cooperation, and imprimatur to the inclusion and delivery of the above-outlined lecture sessions, with their knowledge that the dissemination of information on access to abortion frustrates , mocks, and violates the Constitution and the Revised Penal Code of the Philippines.

14 15

Article II, Section 12. Articles 256, 257, 258, and 259. 16 Article XI, Section 18. 17 See Section 4 (A) (g).

Third Cause of Action 18. Plaintiff incorporates and re-alleges by reference all the foregoing paragraphs above. 19. Presidential Decree No. 520 (1974)18 and Administrative Order No. 136 (2005)19 do not exempt any public official or entity from disregarding State declarations of policy and law in the use of the Philippine International Convention Center as a venue for purposes of advocating activities or actions proscribed by the Constitution and/or the laws of the Republic of the Philippines. 20. At all times prior to the filing of this action, defendants have given consent, cooperation, and imprimatur to the inclusion and delivery of the above-outlined lecture sessions, with their knowledge that the dissemination of information on access to abortion frustrates and violates the Constitution and the Revised Penal Code of the Philippines. Grounds in Support of Prayer for Preliminary Injunction And/or Temporary Restraining Order 21. According to Rule 58 of the Revised Rules of Court:

Sec. 3. Grounds for issuance of preliminary injunction. A preliminary injunction may be granted when it is established: (a) That the applicant is entitled to the relief demanded, and the whole or part of such relief consists in restraining the commission or continuance of the act or acts complained of, or in requiring the performance of an act or acts, either for a limited period or perpetually;

AUTHORIZING THE CENTRAL BANK OF THE PHILIPPINES TO CONSTRUCT AN INTERNATIONAL CONFERENCE CENTER BUILDING, ACQUIRE A SUITABLE SITE FOR THE PURPOSE, ORGANIZE A CORPORATION WHICH WILL MANAGE AND ADMINISTER THE SAID CENTER AND FOR OTHER PURPOSES. 19 ENCOURAGING GOVERNMENT AGENCIES, DEPARTMENTS AND INSTRUMENTALITIES TO UTILIZE THE FACILITIES OF THE PHILIPPINE INTERNATIONAL CONVENTTION CENTER (PICC) AS VENUE FOR THEIR ORGANIZED/HOSTED MEETINGS, WORKSHOPS, SEMINARS, CONVENTIONS AND OTHER SPECIAL EVENTS.

18

(b) That the commission, continuance or non-performance of the act or acts complained of during the litigation would probably work injustice to the applicant; or

(c) That a party, court, agency or a person is doing, threatening, or is attempting to do, or is procuring or suffering to be done, some act or acts probably in violation of the rights of the applicant respecting the subject of the action or proceeding, and tending to render the judgment ineffectual. (Revised Rules of Court) (underlines ours) 22. On this, it has been held, to wit: There are only two requisites to be satisfied if an injunction is to issued, namely, the existence of the right to be protected, and that the acts against which the injunction is to be directed are violative of said right. (Calo, et al. vs. Roldan, et al. 76 Phil. 445, 452) [IV-A, Francisco, Revised Rules of Court, Provisional Remedies, p. 219] 23. The clear and self executing mandates and proscriptions of the Constitution and Philippine law outlined above, coupled with the factual allegations taken from defendants own advertisements of the subject event, require the reliefs prayed for before this Honorable Court. Prayer WHEREFORE, it is respectfully prayed that upon the filing of this Complaint, for the Honorable Court to issue, ex-parte, a Temporary Restraining Order immediately restraining the defendants or any and all other persons acting for and on their behalf from proceeding with the commencement of the subject activities outlined above, and forthwith issue a Writ of Preliminary Injunction: a. Ordering the defendants to cease and desist from permitting the commencement, performance, and continuance of the subject activities outlined above;

10

b. Ordering the defendants to cease and desist from permitting the exhibition or distribution of any and all material related to the subject activities outlined above; And that after hearing, judgment be rendered making the herein injunctions permanent. Plaintiff further prays for such other measures of relief as this Honorable Court may deem just and proper under law and equity. Quezon City for Pasay City, 20 January 2014.

JAMES M. IMBONG Counsel for Plaintiff Roll of Attorneys No. 51157 PTR No. 0458789 / 03 Jan. 2013 / Angeles City IBP No. 914757 / 15 Feb. 2013 / Quezon City M.C.L.E. Compliance No. III-0018381 / 11 Aug. 2010 (4th compliance ongoing) Mobile No. 0932-4836601 Email: jamesimbong@gmail.com

JO AUREA M. IMBONG Counsel for Plaintiff Roll of Attorneys No. 23185 PTR No. 457798/ 28 Feb. 2013 / Marikina City IBP No. 914757 / 15 Feb. 2013 / Quezon City M.C.L.E. Compliance No. IV-0014074 / 27 Mar. 2013 Email: attyjoimbong@gmail.com IMBONG & CASTRO LAW OFFICES Unit 304 Seor Ivan de Palacio Building 139 Malakas St., Diliman, Quezon City Tel. No. 929-4699

Вам также может понравиться