You are on page 1of 4

Legal status

Article II of the 1987 Philippine Constitution says, in part, "Section 12. 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.
The act is criminalized by the Revised Penal Code of the Philippines, which was enacted in 1930
and remains in effect today. Articles 256, 258 and 259 of the Code mandate imprisonment for the
woman who undergoes the abortion, as well as for any person who assists in the procedure, even if
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 [the woman's]
dishonor".
There is no law in the Philippines 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
justifying circumstance (duress as opposed to self-defense) that would bar criminal prosecution
under the Revised Penal Code. However, this has yet to be adjudicated by the Philippine Supreme
Court.
Proposals to liberalize Philippine abortion laws have been opposed by the Catholic Church, and its
opposition has considerable influence in the predominantly Catholic country. However, the
constitutionality of abortion restrictions has yet to be challenged before the Philippine Supreme
Court.
The present Constitution of the Philippines, adopted in 1987, pronounces as among the policies of
the State that "[The State] shall equally protect the life of the mother and the life of the unborn from
conception." (sec. 12, Art. II) The provision was crafted by the Constitutional Commission which
drafted the charter with the intention of providing for constitutional protection of the abortion ban,
although the enactment of a more definitive provision sanctioning the ban was not successful. The
provision is enumerated among several state policies, which are generally regarded in law as
unenforceable in the absence of implementing legislation. The 1987 RP Constitution also contains
several other provisions enumerating various state policies. Whether these provisions may, by
themselves, be the source of enforceable rights without implementing legislation has been the
subject of considerable debate in the legal sphere and within the Supreme Court.
An analysis by the Population Division of the United Nations Department of Economic and Social
Affairs concluded that although the Revised Penal Code does not list specific exceptions to the
general prohibition on abortion, under the general criminal law principles of necessity as set forth in
article 11(4) of the Code, an abortion may be legally performed to save the pregnant womans life

Abortion is the ending of pregnancy by the removal or forcing out from the womb of
a fetus or embryo before it is able to survive on its own[note 1] An abortion can occur spontaneously, in
which case it is often called a miscarriage. It can also be purposely caused in which case it is known
as an induced abortion. The term abortion most commonly refers to the induced abortion of a human
pregnancy. The similar procedure after the fetus may be able to survive on its own is medically
known as a "late termination of pregnancy".
Modern medicine uses medications or surgical methods for induced abortion. The two
medications mifepristone and prostaglandin are as effective as a surgical method in the first
trimester. While the use of medications may be effective in the second trimester, surgical methods
appear to have a lower risk of side effects[3] Birth control, including the pill and intrauterine
devicess can be started immediately after an abortion. Abortion in the developed world has a long
history of being among the safest procedures in medicine when allowed by local law. Uncomplicated
abortions do not cause either long term mental health or physical problems. The World Health
Organization recommends that this same level of safe and legal abortions be available to all women
globally. Unsafe abortions, however, result in approximately 47,000maternal deathsand 5 million
hospital admissions per year globally.
An estimated 44 million abortions are performed globally each year, with slightly under half of those
performed unsafely. Rates of abortions have changed little between 2003 and 2008,after having
previously spent decades declining as access to education regarding family planning and birth
control improved. As of 2008, forty percent of the world's women had access to legal induced
abortions "without restriction as to reason". There are; however, limits regarding how far along in
pregnant they can be performed
Induced abortion has a long history. They have been performed by various methods,
including herbal medicines, the use of sharpened tools, physical trauma, and other traditional
methodssince ancient times. The laws surrounding abortion, how frequently they are performed, and
their cultural and religious status vary a great deal around the world. In some contexts, abortion is
legal based on specific conditions, such as incest, rape, problems with the fetus, socioeconomic
factors or the risk to a mother's health. In many parts of the world there is prominentpublic
controversy over the moral, ethical, and legal issues of abortion. Those who are against
abortion generally state that an embryo or fetus is a human with the right to life and may compare
abortion to murder. Those who support abortion rights emphasize a woman's right to decide matters
concerning her own body as well as emphasising human rightsgenerally.

TYPES of Abortion:
Spontaneous
Spontaneous abortion, also known as miscarriage, is the unintentional expulsion of an
embryo or fetus before the 24th week of gestation.] A pregnancy that ends before 37 weeks of
gestation resulting in a live-born infant is known as a "premature birth" or a "preterm birth". When a
fetus dies in utero after viability, or during delivery, it is usually termed "stillborn". Premature births
and stillbirths are generally not considered to be miscarriages although usage of these terms can
sometimes overlap.
Only 30% to 50% of conceptions progress past the first trimester. The vast majority of those that do
not progress are lost before the woman is aware of the conception, and many pregnancies are lost
before medical practitioners can detect an embryo. Between 15% and 30% of known pregnancies
end in clinically apparent miscarriage, depending upon the age and health of the pregnant woman.[32]
The most common cause of spontaneous abortion during the first trimester is chromosomal
abnormalities of the embryo or fetus, accounting for at least 50% of sampled early pregnancy
losses Other causes include vascular disease (such as lupus), diabetes, other hormonal problems,
infection, and abnormalities of the uterus. Advancing maternal age and a patient history of previous
spontaneous abortions are the two leading factors associated with a greater risk of spontaneous
abortion. A spontaneous abortion can also be caused by accidentaltrauma; intentional trauma or
stress to cause miscarriage is considered induced abortion or feticide.

Induced
Approximately 205 million pregnancies occur each year worldwide. Over a third
are unintended and about a fifth end in induced abortion. Most abortions result from unintended
pregnancies. A pregnancy can be intentionally aborted in several ways. The manner selected often
depends upon the gestational age of the embryo or fetus, which increases in size as the pregnancy
progresses. Specific procedures may also be selected due to legality, regional availability, and
doctor or patient preference. Reasons for procuring induced abortions are typically characterized as
either therapeutic or elective. An abortion is medically referred to as a therapeutic abortion when it is
performed to save the life of the pregnant woman; prevent harm to the woman's physical or mental
health; terminate a pregnancy where indications are that the child will have a significantly increased
chance of premature morbidity or mortality or be otherwise disabled; or to selectively reduce the
number of fetuses to lessen health risks associated with multiple pregnancy. An abortion is referred
to as an elective or voluntary abortion when it is performed at the request of the woman for nonmedical reasons.Confusion sometimes arises over the term "elective" because "elective surgery"
generally refers to all scheduled surgery, whether medically necessary or not.

HISTORY

You might also like