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Secondly, HB 4244 does not promote abortion. In truth, the provisions of the RH Bill seek to
prevent abortion. Also, the Bill does not legalize abortion in Section 3 of the Bill, it is
expressly stated that this Act recognizes that abortion is legal and punishable by law. The
thrust of the Bill for family planning, both natural and modern methods, can also be considered
an anti-abortion provision. It has been shown that induced abortions can be attributed to the
difficulty in obtaining modern contraceptives as a result of social and political constraints.
(Juarez et. al. 2008) The Bills main objective is to make all forms of family planning,
contraceptives included, more accessible to the general public; therefore, helping deter induced
abortions.
While the Bill recognizes that extra judicial nature of abortions, it does not
discriminate against women who have undergone abortion procedures.
Section 3 of the Bill asserts that women in need of post-abortion care must
be treated without discrimination of judgment. This provision strengthens the
Prevention and Management of Abortion Complications (PMAC) Program
signed on May 2, 2000. The PMAC Program aims to strengthen the capability
of the countrys health care system or prevention and management of
abortion and to improve the accountability of the quality of post-abortion
services. (Viado 30) As their Constitutional right to life, women who suffer
from post-abortion complications must be given the best possible care and
counsel to rebuild their lives, as abortion is known to be traumatic.
Discrimination against women with post-abortion complications are
prevalent, though never revealed in public, and range from denial of medical
services to outright physical violence by medical personnel, such as the
deliberate sticking of suture needles in different parts of their body. (Viado
31) The RH Bill addresses these issues, and asserts in legislation the right of
women with post-abortion complication the Bill does not promote abortion,
yet it advocates the humane treatment of women who have undergone the
procedure, regardless of their reason for doing so.
Lastly, the Bill does not violate the Constitution in anyway. Family planning,
the main concept being promoted by the Bill, does not encroach on the
provisions of Article II, Sec, 12 of the 1987 Constitution, which states that:
The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. A technical
definition of family planning must be assumed, so that it can be referenced
against the Constitution, and its constitutionality be proven. Thus, family
planning is defined as the fundamental right of couples and individuals to
choose the number and spacing of their children, taking into account their
responsibilities to their communities and the country. (Aguiling-Pangalangan
124) Given this definition, we can see that family planning is indeed, in line
with not only Article II, Sec. 12 of the Constitution, but also with Article II,
Sec. 11, 14, 15 and 21; Article III, Sec. 1; Article XII, Sec. 1; Article XIII, Sec.
1, 2 and 14; Article XIV, Sec. 11 and 12; and Article XV, Sec. 3. (AguilingPangalangan 79-81)
The debate on whether the Reproductive Health Bill violates the part of
Article II, Sec. 12 that mentions It (the State) shall equally protect the life of
the mother and the life of the unborn from conception could go either way.
This is due to the conflicting definitions of the term conception. Even
physicians are divided on what conception means, or where it begins, and
adapting all definitions would result to the radical broadening of the term,
which will result to perpetual non-violation of this provision in the
Constitution. (Aguilling-Pangalangan 164) However, since contraceptives,
Sources:
Econ White Paper
Edcel Lagman Sponsorship speech
Aguiling-Pangalangan, Elizabeth (2003). Reproductive Health, Rights and
Their Progeny: Norms in Case and Statute Law. Quezon City: ReproCen.
National Statistics Coordination Board. 2006. Family Income and Expenditure Survey (FIES)
2003: Final Report.
Viado, Lalaine P. (2005). Reproductive Health Politics, Health Sector Reforms, and Religious
Conservatism in the Philippines 1964-2004. Quezon City: DAWN.
1987 Constitution