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Declaration of Unconstitutionality of R.A. 10354 with Prayer for Issuance of a Temporary Restraining Order, Status Quo Ante Order, and/or Writ of Preliminary Mandatory Injunction by Filipinos for Life and Doctors for Life

Declaration of Unconstitutionality of R.A. 10354 with Prayer for Issuance of a Temporary Restraining Order, Status Quo Ante Order, and/or Writ of Preliminary Mandatory Injunction by Filipinos for Life and Doctors for Life

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Published by CBCP for Life
Declaration of Unconstitutionality of R.A. 10354 with Prayer for Issuance of a Temporary Restraining Order, Status Quo Ante Order, and/or Writ of Preliminary Mandatory Injunction by Filipinos for Life and Doctors for Life
Declaration of Unconstitutionality of R.A. 10354 with Prayer for Issuance of a Temporary Restraining Order, Status Quo Ante Order, and/or Writ of Preliminary Mandatory Injunction by Filipinos for Life and Doctors for Life

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Published by: CBCP for Life on Feb 15, 2013
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03/28/2013

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1
REPUBLIC OF THE PHILIPPINESSUPREME COURTManilaREYNALDO J. ECHAVEZ, M.D.,JOSE S. SANDEJAS, PhD,JACQUELINE H. KING, M.D.,CYNTHIA T. DOMINGO, M.D., andJOSEPHINE MILLADO-LUMITAO,M.D.,
collectively known asDOCTORS FOR LIFE, and 
 ANTHONY PEREZ, MIGUEL MAPA,CARLOS ANTONIO PALAD,WILFREDO JOSE, CLAIRENAVARRO, ANNA COSIO, andGABRIEL DY LIACCO
collectively known as FILIPINOS FOR LIFE,
Petitioners,
-versus- For: Declaration of Unconstitutionality of R.A. 10354with Prayerfor Issuance of aTemporary RestrainingOrder, Status Quo AnteOrder, and/or Writ of Preliminary MandatoryInjunction
HON. PAQUITO N. OCHOA, JR.,
Executive Secretary 
; HON.FLORENCIO B. ABAD,
 Secretary of the Department of Budget and Management;
HON. ENRIQUE T.ONA,
 Secretary of the Department of Health;
HON. ARMIN A.LUISTRO,
 Secretary of theDepartment of Educaiton
; andHON. MANUEL A. ROXAS,
 Secretary of the Department of Interior and Local Government.
Respondents.
x-------------------------------------------x
P E T I T I O N
COME NOW THE PETITIONERS by the undersigned counsel, andunto this Honorable Court, respectfully allege:
 
2
THE PARTIES
 
Petitioners
1. The first group of Petitioners are all Filipinos, taxpayers andmembers of the medical profession who all belong to the organizationknown as
Doctors For Life,
either as officers, and/or member of itsBoard of Trustees. They may be served with notices and processesthrough their undersigned counsel with office address at Unit 1903-A,West Tower, Philippine Stock Exchange Center, Exchange Road, OrtigasCenter, Pasig City.2. The second group of Petitioners are Filipinos, taxpayers andprofessionals, and employees from all walks of life, who all belong to theorganization known as
Filipinos For Life,
either as officers, and/ormembers of its Board of Trustees. They may be served with notices andprocesses through their undersigned counsel with office address at Unit 1903-A, West Tower, Philippine Stock Exchange Center, Exchange Road,Ortigas Center, Pasig City3. These two sets of Petitioners, albeit having commonmembers and having common interests, are two different personalitieshence the separate Verification and Certification against Forum-Shopping.
Respondents
4. Respondents are public officials whose duties as heads of their respective departments include the implementation of theprovisions of the law assailed herein.5. Respondent Hon. Paquito N. Ochoa, Jr. is the
ExecutiveSecretary 
and can be served with notices and processes at his office inthe Office of the President of the Philippines, Malacañang Palace, City of Manila.6. Respondent Hon. Florencio B. Abad is the
Secretary of theDepartment of Budget and Management 
and can be served with noticesand processes at his office in Malacañang Palace, City of Manila.7. Respondent Hon. Enrique T. Ona, M.D. is the
Secretary of theDepartment of Health
and can be served with notices and processes at his office in San Lazaro Compound, City of Manila.8. Respondent Hon. Armin A. Luistro, FSC is the
Secretary of the Department of Education
and can be served with notices andprocesses at his office in DepEd Complex, Meralco Avenue, Pasig City.9. Respondent Hon. Manuel A. Roxas, II is the
Secretary of theDepartment of Internal and Local Government 
and can be served withnotices and processes at his office in EDSA cor. Mapagmahal St., Diliman,Quezon City.
 
3
10. Respondents can also be collectively served with noticesand processes through their counsel, the
Solicitor General,
with officeaddress 139 Amorsolo Street, Legaspi Village, Makati City.
PREFATORY STATEMENT
11. It is a basic tenet in Philippine Law that our Government isinherently imbued with three great powers. These powers areotherwise known as Police Power, the Power of Eminent Domain andthe Power of Taxation. Thus, every law that is passed is an exercise of either of the three aforementioned powers.12. However, not every law that is passed is a valid exercise of Governmental power. In order for a law to be valid, it must pass certaintests provided for by law and jurisprudence, so as not to trample uponthe Civil and Political rights of the citizenry that are guaranteed by theBill of Rights in our 1987 Constitution.13. This Petition is filed upon the belief that R.A. 10354 or TheResponsible Parenthood and Reproductive Health Act of 2012 is
violative of the 1987 Constitution.
 14. The proponents of RA 1354 claim that the implementationof the law will prevent elective abortions because they have a misguidedbelief that birth control and family planning will improve the quality of life of mothers and children.15. But actual experience proves the contrary. A studyconducted in Spain shows that despite the use of condoms and birthcontrol pills by two-thousand (2,000) women over the span of ten (10)years, the incidence of elective abortions doubled
2
.There can only be one explanation for this. The overdependenceof individuals on contraceptives promotes irresponsible, reckless andimprudent sexual behavior. In the event of failure or misuse of thecontraceptive method, unwanted pregnancies occur, forcing women toturn to elective abortion to terminate such unwanted pregnancies.
NATURE OF THE PETITION
16. This is a Petition assailing the constitutionality of R.A.10354 or The Responsible Parenthood and Reproductive Health Act of 2012, in relation to the
Petitioners’ and the public’s
rights, as will bediscussed hereunder
2
Trends in the use of contraceptive methods and voluntary interruption of Pregnancy in the Spanishpopulation during 1997-2007; Jose Luis Duenas et al; Contraception, vol 83, Issue 1, pages 82-87, January2011.

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