Sereno’s Dissenting Opinion

-Right to life is most important -> equal protection of mother and child from consti
-Mother has big role to play in giving life
-Every interpretation of RH law is in accordance to the betterment of the Filipino family and health of mother
-The decision of the body-owner should prevail
-Even minor already got pregnant or miscarriage, she should be allowed to get help WITHOUT consent of mother bc it is her right to
health and life.
-RH law helps for health of women
Religious Freedom, Compelling State Interest Test and Conscientious Objectors
-State interest test is not compatible when weighing state interest and religious freedom
-Estrada v. Escritor -> Married under Jehovah’s Witnesses and the Watch Tower and Bible tract Society but not under the law ->
state must need to give a compelling reason why they would not allow the respondent (woman) to be with her spouse under
religion
-This is should not be the case under RH law.
Opt-Out Clause
-To give way to religion Section 7 of RH -> Religious owned hospitals exempted from providing service
-Section 23a3 -> conscientious objectors
-If the congress still needs to provide a compelling state interest at this point, it would lead to a lack of respect to Congress
-Referral is in order for the patient to know where the nearest hospital providing the services is
-International Covenant on Civil and Political Rights -> religious freedom can be under the limitations prescribed by law in order to
protect public safety -> ”important social duties or subversive of good order”
-Duty to refer is already part of the profession
-Conscientious objectors are allowed to not give referral if patient is not in serious or emergency life situations
FDA Certification in Section 9
-Section 9 -> states that products included in EDL should not be used as abortifacient -> context is when the baby is already dead in
womb, one can get OXYTOXIN to induce the baby to be removed from womb
Consent of Spouse
-Every human being of adult years and sound mind has right to determine what shall be done with his own body
-RH does not prevent spouse from decision making but in times when wife and husband have different opinions, the one getting the
treatment will be the prevailing one
Consent of Parents
-Giving of modern family planning services to minors is way for them to understand the consequences of their actions
-Nowhere in RH law says parental authority will be absent
-it should be understood that a girl who already got pregnant has an idea about sexuality
-If a woman who never got pregnant has right to know, then it should also follow that the one who got pregnant has a greater right
Public officers and Skilled Health Professionals
-There is difference between public and private health officers
-Public officers serve the people
-People give public officers their salary
Section 5.24 Requirements for PUBLIC health professionals to legally refuse to deliver services
1. Explain limited range of services offered
2. Extraordinary diligence shall be exerted to refer the client
3. If not other health professional in building, refer client to other health facility
4. Written documentation of compliance with preceding requirements
5. Other reqs determined by DOH
-if reqs not complied, he shall deliver the service
PhilHealth Accreditation
-48 hours of pro bona -> can deliver ANY service enumerated in Section 17 -> breastfeeding, elimination of violence, breast and
reproductive tract cancers etc
Conclusion
-Quran-> no teaching that prevent a person from family planning
-Quran also says that mothers need to breastfeed baby for two years -> goal is for mother not to have another baby within 2 years
-For muslims RH is not burden
-‘Primarily’ added is contravening with RH law