III.

The family as a basic autonomous social institution

a. Art. II, Sec. 12 and 13

b. Art. XV

- Discuss in relation to NCC Art. 52

Section 12, Article 2: The state shall recognizes the sanctity of family life and shall protect and
strengthen the family as basic autonomous social institution. It shall equally protect 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.

REPUBLIC ACT NO. 10354 AN ACT PROVIDING FOR A NATIONAL POLICY ON

RESPONSIBLE PARENTHOOD AND REPRODUCTIVE HEALTH

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

Section 1. Title. – This Act shall be known as "The Responsible Parenthood and Reproductive
Health Act of 2012″. Section

Declaration of Policy. – The State recognizes and guarantees the human rights of all persons
including their right to equality and nondiscrimination of these rights, the right to sustainable
human development, the right to health which includes reproductive health, the right to
education and information, and the right to choose and make decisions for themselves in
accordance with their religious convictions, ethics, cultural beliefs, and the demands of
responsible parenthood. Pursuant to the declaration of State policies under Section 12, Article II
of the 1987 Philippine Constitution, it is the duty of the State to protect and strengthen the family
as a basic autonomous social institution and equally protect the life of the mother and the life of
the unborn from conception. The State shall protect and promote the right to health of women
especially mothers in particular and of the people in general and instill health consciousness
among them. The family is the natural and fundamental unit of society. The State shall likewise
protect and advance the right of families in particular and the people in general to a balanced and
healthful environment in accord with the rhythm and harmony of nature. The State also
recognizes and guarantees the promotion and equal protection of the welfare and rights of
children, the youth, and the unborn.

Moreover, the State recognizes and guarantees the promotion of gender equality, gender equity,
women empowerment and dignity as a health and human rights concern and as a social
responsibility. The advancement and protection of women’s human rights shall be central to the
efforts of the State to address reproductive health care. The State recognizes marriage as an
inviolable social institution and the foundation of the family which in turn is the foundation of
the nation. Pursuant thereto, the State shall defend: (
a) The right of spouses to found a family in accordance with their religious convictions and the
demands of responsible parenthood;

(b) The right of children to assistance, including proper care and nutrition, and special protection
from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their
development;

(c) The right of the family to a family living wage and income; and

(d) The right of families or family associations to participate in the planning and implementation
of policies and programs The State likewise guarantees universal access to medically-safe, non-
abortifacient, effective, legal, affordable, and quality reproductive health care services, methods,
devices, supplies which do not prevent the implantation of a fertilized ovum as determined by the
Food and Drug Administration (FDA) and relevant information and education thereon according
to the priority needs of women, children and other underprivileged sectors, giving preferential
access to those identified through the National Household Targeting System for Poverty
Reduction (NHTS-PR) and other government measures of identifying marginalization, who shall
be voluntary beneficiaries of reproductive health care, services and supplies for free.

The State shall eradicate discriminatory practices, laws and policies that infringe on a person’s
exercise of reproductive health rights. The State shall also promote openness to life; Provided,
That parents bring forth to the world only those children whom they can raise in a truly humane
way.

Section 3. Guiding Principles for Implementation. – This Act declares the following as guiding
principles:

The right to make free and informed decisions, which is central to the exercise of any right, shall
not be subjected to any form of coercion and must be fully guaranteed by the State, like the right
itself;

(b) Respect for protection and fulfillment of reproductive health and rights which seek to
promote the rights and welfare of every person particularly couples, adult individuals, women
and adolescents;

(c) Since human resource is among the principal assets of the country, effective and quality
reproductive health care services must be given primacy to ensure maternal and child health, the
health of the unborn, safe delivery and birth of healthy children, and sound replacement rate, in
line with the State’s duty to promote the right to health, responsible parenthood, social justice
and full human development;

(d) The provision of ethical and medically safe, legal, accessible, affordable, non-abortifacient,
effective and quality reproductive health care services and supplies is essential in the promotion
of people’s right to health, especially those of women, the poor, and the marginalized, and shall
be incorporated as a component of basic health care;

(e) The State shall promote and provide information and access, without bias, to all methods of
family planning, including effective natural and modern methods which have been proven
medically safe, legal, non-abortifacient, and effective in accordance with scientific and evidence-
based medical research standards such as those registered and approved by the FDA for the poor
and marginalized as identified through the NHTS-PR and other government measures of
identifying marginalization: Provided, That the State shall also provide funding support to
promote modern natural methods of family planning, especially the Billings Ovulation Method,
consistent with the needs of acceptors and their religious convictions;

(f) The State shall promote programs that: (1) enable individuals and couples to have the number
of children they desire with due consideration to the health, particularly of women, and the
resources available and affordable to them and in accordance with existing laws, public morals
and their religious convictions: Provided, That no one shall be deprived, for economic reasons,
of the rights to have children; (2) achieve equitable allocation and utilization of resources; (3)
ensure effective partnership among national government, local government units (LGUs) and the
private sector in the design, implementation, coordination, integration, monitoring and evaluation
of people-centered programs to enhance the quality of life and environmental protection; (4)
conduct studies to analyze demographic trends including demographic dividends from sound
population policies towards sustainable human development in keeping with the principles of
gender equality, protection of mothers and children, born and unborn and the promotion and
protection of women’s reproductive rights and health; and (5) conduct scientific studies to
determine the safety and efficacy of alternative medicines and methods for reproductive health
care development;

(g) The provision of reproductive health care, information and supplies giving priority to poor
beneficiaries as identified through the NHTS-PR and other government measures of identifying
marginalization must be the primary responsibility of the national government consistent with its
obligation to respect, protect and promote the right to health and the right to life;

(h) The State shall respect individuals’ preferences and choice of family planning methods that
are in accordance with their religious convictions and cultural beliefs, taking into consideration
the State’s obligations under various human rights instruments;

(i) Active participation by nongovernment organizations (NGOs), women’s and people’s

organizations, civil society, faith-based organizations, the religious sector and communities is
crucial to ensure that reproductive health and population and development policies, plans, and
programs will address the priority needs of women, the poor, and the marginalized;

(j) While this Act recognizes that abortion is illegal and punishable by law, the government shall
ensure that all women needing care for post-abortive complications and all other complications
arising from pregnancy, labor and delivery and related issues shall be treated and counseled in a
humane, nonjudgmental and compassionate manner in accordance with law and medical ethics;

(k) Each family shall have the right to determine its ideal family size: Provided, however, That
the State shall equip each parent with the necessary information on all aspects of family life,
including reproductive health and responsible parenthood, in order to make that determination;

(l) There shall be no demographic or population targets and the mitigation, promotion and/or
stabilization of the population growth rate is incidental to the advancement of reproductive
health;

(m) Gender equality and women empowerment are central elements of reproductive health and
population and development; The resources of the country must be made to serve the entire
population, especially the poor, and allocations thereof must be adequate and effective: Provided,
That the life of the unborn is protected;

(o) Development is a multi-faceted process that calls for the harmonization and integration of
policies, plans, programs and projects that seek to uplift the quality of life of the people, more
particularly the poor, the needy and the marginalized; and (p) That a comprehensive reproductive
health program addresses the needs of people throughout their life cycle.

HOUSE BILL NO. 3667 ANTI-ABORTION ACT OF 2010

Many incidents of abortions have been reported lately. Fetuses have been found in garbage cans,
thrown and abandoned by their mothers only to be discovered by unknown and concerned
citizens and reported by the media. Some never got to be discovered at all to be left sadly in the
confines of anonymity. These fetuses are the unwanted and uncared for unborn babies who have
been wantonly murdered to hide the shame of their mothers. The 1987 Constitution in Article II,
Section 12 states as a matter of principle and state policy that the State “shall equally protect the
life of the mother and the life of the unborn from conception.” This bill aims to give life to this
constitutional right of the unborn to protection, to recognize the unborn child’s basic right to life,
to the protection of his or her welfare and against acts which place the unborn child in danger of
being harmed, injured or killed, bearing in mind that the unborn child is totally incapable of
protecting itself. This bill likewise seeks to amend the Revised Penal Code by adding provisions
for a clear and workable definition of abortion and abortifacients, and classify certain medicinal
formulations of abortifacients as dangerous drugs thus making them illegal, prohibit the use,
possession, manufacture, importation, trade, promotion, dispensing, prescription of the same.

REPUBLIC ACT NO. 8972 RULES AND REGULATIONS IN THE IMPLEMENTATION

OF REPUBLIC ACT NO. 8972, AN ACT PROVIDING FOR BENEFITS AND
PRIVILEGES TO SOLO PARENTS AND THEIR CHILDREN, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES ARTICLE I Title, Purpose and
Construction Section.
Title. — These rules shall be known and cited as the Rules and Regulations Implementing
Republic Act No. 8972, more commonly known as the Solo Parents’ Welfare Act of 2000. SEC.

2. Purpose. — These Rules are promulgated to prescribe the procedure and guidelines for the
implementation of the Solo Parents’ Welfare Act of 2000 in order to facilitate the compliance
therewith and to achieve the objectives thereof.

ARTICLE II Declaration of Policies and Objectives

SEC. 4. Declaration of Policy. — It is the policy of the State to promote the family as the
foundation of the nation, strengthen its solidarity and ensure its total development. Towards this
end, it shall develop a comprehensive program of services for solo parents and their children to
be carried out by the Department of Social Welfare and Development (DSWD), the Department
of Health (DOH), the Department of Education (DepEd), the Department of the Interior and
Local Government (DILG), the Commission on Higher Education (CHED), the Technical
Education and Skills Development Authority (TESDA), the National Housing Authority (NHA),
the Department of Labor and Employment (DOLE) and other related government agencies and
non-government organizations or civil society.

SECTION 13, ARTICLE 2 The state recognizes the vital role of the youth in national-building
and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being.
It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in
public and civic affairs.

REPUBLIC ACT NO. 8044 AN ACT CREATING THE NATIONAL YOUTH

COMMISSION, ESTABLISHING A NATIONAL COMPREHENSIVE AND
COORDINATED PROGRAM ON YOUTH DEVELOPMENT , APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

SECTION 1. Title – This Act shall be known as the ” Youth in Nation-Building Act”. SECTION
2. Policy – The State recognizes its responsibility to enable the youth to fulfill their vital role in
nation-building and hereby establishes the National Comprehensive and Coordinated Program on
Youth Development, creates the structures to implement the same and appropriate adequate
funds to provide support for the program and implementing structures on a continuing sustained
basis. The State hereby declares that “Youth” is the critical period in a person’s growth and
development from the onset of adolescence towards the peak of mature, self-reliant and
responsible adulthood comprising the considerable sector of the population from the age of
fifteen (15) to thirty (30) years. The State further declares the National Comprehensive and
Coordinated Program on Youth Development shall be based on the following principles:
Promotion and protection of the physical, moral, spiritual, intellectual and social well-being of
the youth to the end that the youth realize their potential for improving the quality of life;
Inculcation in the youth of patriotism, nationalism and other basic desirable values to infuse in
them faith in the Creator, belief in the sanctity of life and dignity of the human person,
conviction for the strength and unity of the family and adherence to truth and justice;
Encouragement of youth involvement in character-building and development activities for civic-
efficiency, stewardship of natural resources, agricultural and industrial productivity, and an
understanding of world economic commitments on tariffs an trade and participation in structures
for policy-making and program implementation to reduce the incidence of poverty and accelerate
socio-economic development; and Mobilization of youth’s abilities, talents and skills and
redirecting their creativity, inventive genius and wellspring of enthusiasm and hope for the
freedom of our people from fear, hunger and injustice.

SECTION 3. Development Program. – In order to attain the declared national policy, there is
hereby established the “National Comprehensive and Coordinated Program on Youth
Development”, hereinafter referred to as the “Development Program”. The components of the
development program are the following: Formulation, approval and implementation of the
Medium-Term Youth Development Program for four (4) years following the approval of this Act
and every three (3) years thereafter, which shall be aligned to and shall complement the Medium-
Term Philippine Development Plan for the corresponding period, taking into account the existing
National Youth Development Plan as provided for in Executive Order No. 176, series of 1994; A
national study on the “Situation of Youth in the Philippines “, for the period up to the approval of
this Act, and every three (3) years thereafter which identifies priority needs, prevailing attitudes
and values of youth, the existing services, and gaps in services delivery of the basic needs of
youth; A “National Review, Evaluation and Reform ” of all organizations delivering services to
the youth for the period up to the approval of this Act and every three (3) years thereafter;
Activities to operationalize the implementing structures of the Development Program,
preparations and participation in activities of youth of global significance, including World
Youth Day, and provide leadership and support therefore on a continuing sustained basis; The
comprehensive, coordinated nationwide service delivery system comprising (i) existing public
and civic services for youth which after review and reform or realignment fully support the
policy and program framework under this Act; and (ii) innovative services and delivery systems
institutionalized in areas with or without inadequate services and which are responsive to needs,
following pilot demonstration projects to test the validity and feasibility of the services; and The
participation of Filipino youth in the Biennial World Youth Day starting 1997 in Paris, France
and every two (2) years thereafter.

THE KATIPUNAN NG KABATAAN AND THE SANGGUNIANG KABATAAN

SEC. 4. Katipunan ng Kabataan. – There shall be in every barangay a Katipunan ng Kabataan to

be composed of all citizens of the Philippines residing in the barangay for at least six (6) months,
who are at least fifteen (15) but not more than thirty (30) years of age, and who are duly
registered in the list of the Commission on Elections (COMELEC) and/or the records of the
Sangguniang Kabataan secretary.

SEC. 5. Powers and Functions of the Katipunan ng Kabataan. – The Katipunan ng Kabatan shall:
(a) Elect the Sangguniang Kabataan chairperson and members; and (b) Serve as the highest
policy-making body to decide on matters affecting the youth in the barangay. As such, the
Sangguniang Kabataan shall consult and secure the concurrence of the Katipunan ng Kabataan in
the formulation of all its, programs, plans and activities.

INTRODUCTORY PROVISIONS

SECTION 1. Title. – This Act shall be known as the “Sangguniang Kabataan Reform Act of
2015”.

SEC. 2. Declaration of State Policies and Objectives. – The State recognizes the vital role of the
youth in nation-building .and thus, promotes and protects their physical, moral, spiritual,
intellectual and social well-being, inculcates in them patriotism, nationalism and other desirable
values, and encourages their involvement in public and civic affairs. Towards this end, the State
shall establish adequate, effective, responsive and enabling mechanisms and support systems that
will ensure the meaningful participation of the youth in local governance and ^Ln nation-
building.

Article XV

Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it
shall strengthen its solidarity and actively promote its total development.

 Family is a group of person united by ties of marriage or blood.

Importance of Family to the State:

1) Basic social institution

2) Community’s first socializing agent

Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall
be protected by the State.

CONSTITUTIONAL PROTECTION. The 1987 Philippine Constitution provides that “the State
recognizes the sanctity of family life and shall protect and strengthen the family as a basic social
institution” (Section 12, Article II). Marriage is a relationship of highest importance. (Manuel v.
People, G.R. No. 165842, November 29, 2005, 476 SCRA 461). As a matter of fact, to highlight the
importance of the family and of marriage, the Constitution further provides a separate Article XV
exclusively dealing with the family. Among others, it provides that the state recognizes the Filipino
family. Among others, it provides that the State recognizes the Filipino family as the foundation of
the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development
(Section 1, Article XV). Marriage, according to the Constitution, is an inviolable social institution
and the foundation of the family and shall be protected by the State (Section 2, Article XV). It has
likewise been authoritatively stated that the “right to marry, establish a home and bring up
children is a central part of the liberty protected by the Due Process Clause” The right to enter into
a marriage has also been regarded as within the ambit of the constitutional right of association.
 And, once married, a couple has a right to privacy which is protected against all undue and
unwarranted government intrusion. The right of privacy in a marriage is a right.

Older than the Bill of Rights – older than our political parties, older than our school system.
Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the
degree of being sacred. It is an association that promotes a way of life, not cause; a harmony in
living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an
association for as noble a purpose x x x (Griswold v. Connecticut, 381 US 479, 14 L. Ed.510).

Definition of Marriage

Article XV, The Philippine
Constitution
Section 2. Marriage, as an
inviolable social institution,
is the foundation of the
family and shall be
protected by the State.
Article 52, New Civil Code
Marriage is not a mere
contract but an inviolable
social institution. Its nature,
consequences and incidents
are governed by law and not
subject to stipulation, except
that the marriage
settlements may, to certain
extent, fix the property
relations during the
marriage.
*Repealed by EO 209, The Family Code
of the Philippines
Article 1, New Family Code
Marriage is a special contract of
permanent union, between a
man and a woman entered into in
accordance with law for the
establishment of conjugal and
family life. It is the foundation of
family and an inviolable social
institution whose nature,
consequences, and incidents are
governed by law and not subject
to stipulation, except that
marriage settlements may fix the
property relations during the
marriage within the limits
provided by this Code. (52a)

 G.R. No. 165842 - Eduardo P. Manuel v. People of the Philippines.

The requirement of judicial declaration is also for the benefit of the State. Under Article II,
Section 12 of the Constitution, the "State shall protect and strengthen the family as a basic
autonomous social institution." Marriage is a social institution of the highest importance. Public
policy, good morals and the interest of society require that the marital relation should be
surrounded with every safeguard and its severance only in the manner prescribed and the causes
specified by law.37 The laws regulating civil marriages are necessary to serve the interest, safety,
good order, comfort or general welfare of the community and the parties can waive nothing
essential to the validity of the proceedings. A civil marriage anchors an ordered society by
encouraging stable relationships over transient ones; it enhances the welfare of the community.

In a real sense, there are three parties to every civil marriage; two willing spouses and an
approving State. On marriage, the parties assume new relations to each other and the State
touching nearly on every aspect of life and death. The consequences of an invalid marriage to the
parties, to innocent parties and to society, are so serious that the law may well take means
calculated to ensure the procurement of the most positive evidence of death of the first spouse or
of the presumptive death of the absent spouse38 after the lapse of the period provided for under
the law.
Section 3. The State shall defend:

(1) The right of spouses to found a family in accordance with their religious convictions
and the demands of responsible parenthood;
 REPUBLIC ACT NO. 10354 - "The Responsible Parenthood and Reproductive Health
Act of 2012″.

(2) The right of children to assistance, including proper care and nutrition, and special
protection from all forms of neglect, abuse, cruelty, exploitation and other conditions
prejudicial to their development;
 People v. Ritter

(3) The right of the family to a family living wage and income; and
 Republic Act no. 6767 –June 9, 1989 – Wage Rationalization Act
 Art. 143 of the Labor Code - Minimum wage.

(4) The right of families or family associations to participate in the planning and
implementation of policies and programs that affect them.

Section 4. The family has the duty to care for its elderly members but the State may also do so
through just programs of social security.

 REPUBLIC ACT No. 9994 "Expanded Senior Citizens Act of 2010." July 27, 2009

By:

Joan Albano
Farah Acas
Naranja Makakena