Aileen Grace Delima January 18, 2008BIO 199
Abortion in the Philippines: Reasons and Responsibilities
Abortion is a controversial issue but it should be discussed because it is happening, and ismore widespread than we care to admit. If we truly care about life, then we must understandwhat is going on (Tan 2008). Ideally, pregnancy is a wanted and happy event for women, their partners and their families. Unfortunately, this is not always so. Around the world, millions of women every year become pregnant unintentionally. In the Philippines, as in other countries,some of these women are faced with a difficult choice: to give birth to a child that they are not prepared or able to care for, or to obtain an illegal, and often unsafe, abortion (Singh et al. 2006).
Abortion and Philippines Laws
Abortion is illegal in the Philippines and is not permitted under any circumstance. The actis criminalized by the Revised Penal Code of the Philippines, which was enacted in 1930 butremains in effect to day. Articles 256, 258 and 259 of the Code mandate imprisonment for thewoman who undergoes the abortion, as well as for any person who assists in the procedure, evenif they be the woman's parents, a physician or midwife. Article 258 further imposes a higher prison term on the woman or her parents if the abortion is undertaken "in order to conceal [thewoman's] dishonor" (Tan 2008 and Wikipedia 2008).The 1987 Constitution of the Philippines effectively any amendments to the Penal Code’s provisions on abortion because of Article II, Section 12, which states:
“The State recognizes the sanctity of family life and shall protect and strengthen the family as abasic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.”
In the principle, legalizing abortion would require a referendum to amend theconstitution, although the enactment of a more definitive provision sanctioning the ban was notsuccessful. In 1999, Congressman Roy Padilla Jr. of Camarines Norte filed House Bill 6343seeking to allow abortion in special cases (e.g., rape, congenital defects in the fetus or caseswhere the mother’s life is endangered). It is unlikely that the bill will be passed but it hasstimulated discussion on abortion. The passage of HB 6343 will require amendment because theBill as it presently stands is inherently unconstitutional (Wikipedia 2008 and Tan 2008).The United Nations recognizes that abortion in the Philippines is permitted only ininstances in which the pregnant woman's life is endangered. However, there is no law in thePhilippines that expressly authorizes abortions in order to save the woman's life; and the general provisions which do penalize abortion make no qualifications if the woman's life is endangered.It may be argued that an abortion to save the mother's life could be classified as a justifyingcircumstance (duress as opposed to self-defense) that would bar criminal prosecution under theRevised Penal Code. However, this position has yet to be adopted or debunked by the PhilippineSupreme Court. Proposals to liberalize Philippine abortion laws have been opposed by the
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abortion in the philippines