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IN BALANGA, BATAAN x------------------------------------------------------------------------------------------------------------------x

Position Paper on Unconstitutionality of Barangay Tortugas Ordinance No. 03, Series of 2011; Barangay Puerto Rivas Ibaba Ordinance No. 09, Series of 2011; Barangay Puerto Rivas Itaas Ordinance No. 01, Series of 2011; Barangay Puerto Rivas Lote Ordinance No. 03-01, Series of 2011; Barangay Cupang Proper Ordinance No.004, Series of 2011; Barangay Cupang West Ordinance No.08, Series of 2011,

Prefatory Statement The Barangay ordinances infringe on the right to reproductive health, equal protection of the law and privacy by unduly restricting access to reproductive health information and to legal, safe and effective methods of contraception. It is our humble submission that the Sangguniang Barangays that passed the abovecited Ordinances went beyond their authority in crafting and implementing an ordinance that encroached on the authority of existing government agencies such as the Department of Health (DOH) and the Food and Drug Administration (FDA). The said Sangguniang Barangays appear to have passed these ordinances sans correct and scientific research, thus, endangering the lives of women in their respective jurisdictions. The Barangay Ordinance No. 03, S. 2011 of Barangay Tortugas; Barangay Ordinance No. 09, S. 2011 of Barangay Puerto Rivas Ibaba; Barangay Ordinance No. 01, S. 2011 of Barangay Puerto Rivas Itass; Barangay Ordinance No. 03-01, S.2011 of Barangay Puerto Rivas Lote ; Barangay Ordinance No. 004, S. 2011 of Barangay Cupang Proper; Barangay Ordinance

No. 08, S.2011 of Barangay Cupang West; all in City of Balanga, Province of Bataaan should be overturned by the Sangguniang Panglunsod of Balanga, Bataan for violating the Constitution, the Local Government Code, the Magna Carta of Women (RA 9710), and the AIDS Prevention and Control Act of 1998 (RA 8504).

I. Violation of Rules in Drafting Ordinances The Supreme Court noted that for an ordinance to be valid, it must not only be within the corporate powers of the local government unit to enact and must be passed according to the procedure prescribed by law, it must also conform to the following substantive requirements:

(1) must not contravene the Constitution or any statute; (2) must not be unfair or oppressive; (3) must not be partial or discriminatory; (4) must not prohibit but may regulate trade; (5) must be general and consistent with public policy; and (6) must not be unreasonable. The subject ordinances violate the rules in drafting ordinances as discussed below.

II. Violation of the Constitution A. Violation of Articles 8, Sec. 11 and Article 8, Sec. 14 of the 1987 Constitution The ordinances passed in seven barangays in Balanga, Bataan gravely violate provisions of the Philippine Constitution by prohibiting the promotion, sale, and distribution of artificial contraceptives.

Starting from Section 2 of the barangay ordinances on Declaration of Barangay Policies to the definition of abortifacients and the corresponding penalties for what the ordinances consider as abortifacients, the ordinances violate the provisions of the Constitution.

1. States duty to make essential goods, health and other social services available to all the people at affordable cost By seeking to deny access to the legal, safe, and effective methods of contraception, the ordinances clearly violate Art. XIII, Sec 11 of the Constitution which reads, as follows: State to adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. 2. State protection of working women by providing safe and healthful working conditions, taking into account their maternal functions Imposing this ordinance on women in the six barangays of Balanga, Bataan also violates the Art. XIII, Sec.14 of the Constitution that states: The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation. Unplanned and frequent pregnancies prevent women in performing their tasks in the workplace and at home, lessen their capacity to earn and to participate in community activities that may enhance their skills and knowledge that will realize their full potential in the service of the nation. Also, unplanned and frequent pregnancies endanger the life of women and her child. These, in fact, counter the barangays objective of protecting the mother and the child. .

B. Violation of the right to found a family in accordance with religious convictions and demands of responsible parenthood The ordinances likewise violate Art. XV, Sec. 3 (1) of the Constitution which states that: The state shall defend the right of spouses to form a family in accordance with their religious convictions and the demands of responsible parenthood. Spouses must be free to choose solely in accordance with their religious convictions, if any, and the demands of responsible parenthood. Knowing which medically safe and effective methods of contraception to use will help individuals and couples determine freely and responsibly the number, spacing and timing of their children. This in turn should ensure that all children are wanted and loved and will be properly provided for by their parents. C. Violation of equal protection clause Article III, Section 1 of the Constitution states that: No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws The right to life includes the right to choose how to live ones life regardless of religion, sex, color, age, nationality and economic status. The right to use or not to use contraception, what kind of contraception to use, to get pregnant or not to get pregnant, to have a child or not depends ultimately on the individual. Even the State cannot interfere with this inherent human right of every human being. The State can only support the decision of an individuals choice but cannot interfere, much less prevent, its citizen from living their chosen way of life as long as it does not interfere with other peoples rights.

D. Violation of guarantees of separation of church and state and non-establishment of religion

The barangay councils erred and violated the following provisions of the Constitution by redefining contraceptives as abortifacient, in Section 4, Definition of Terms of the ordinances in question from a purely religious perspective by preferring, to the exclusion of all others, natural family planning (NFP) over artificial methods as what was stated in the second paragraph of Section 5 of the ordinances, to wit: Lahat ng pondo na budgeted o magagastos ng BARANGAY para sa mga program sa pagsuporta sa pagigigng responsableng magulang ay dapat na eksklusibong ginagamit sa pagtataguyod at pagbibigay ng mabisa at subok sa siyensyang Natural Family Planning (NFP) na serbisyo sa mga kasal, mag abay, at mga ikakasal. (All funds which are budgeted or disbursed by the BARANGAY for programs to support responsible parenthood shall be used exclusively to promote and provide effective and scientifically proven Natural Family Planning (NFP) services to married couples and those engaged to be married.) [emphasis supplied] The widespread unacceptability of NFP is exposed by the 2008 National Demographic and Health Survey, which shows that oral contraceptives are the most preferred family planning method for most Filipino women, while traditional methods are becoming increasingly unpopular.1 The councils of the six barangays that passed the ordinances bargained, wittingly or unwittingly, childrens and womens health to advance a religious agenda. The Constituion clearly mandates: Article III, Section 5: "No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. X x x" Article II, Section 6: "The separation of the Church and State shall be inviolable."
The subject ordinances violated the guarantees on separation of church and state and non-

establishment of religion. The reason for the principle of separation of church and state is to guard
against the views of a certain church or faith from influencing the conduct of government and influencing

1 National Demographic & Health Survey, 2008

policies to cater to such specific church or faith. There is danger when the spiritual beliefs of one dominant religion such as the Catholic Church are extended mindlessly into the realm of secular law and policy for such reason alone. In such case, the religious beliefs (or non-beliefs for that matter) and rights of others--who do not share the Catholic Church hierarchical views-- are infringed or discriminated upon.

In the cases of Estrada vs. Escritor2 and Ang Ladlad vs. Comelec3, the Supreme Court held that our laws and system of governance should be based on secular morality and not religious morality. In the case of Estrada v. Escritor4, the Supreme Court held that "morality" must be understood in its secular conception: "[W]hen the law speaks of 'immorality' in the Civil Service Law or 'immoral' in the Code of Professional Responsibility for lawyers, or 'public morals' in the Revised Penal Code, or 'morals' in the New Civil Code, or 'moral character' in the Constitution, the distinction between public and secular morality on the one hand, and religious morality, on the other, should be kept in mind. The morality referred to in the law is public and necessarily secular, not religious as the dissent of Mr. Justice Carpio holds. 'Religious teachings as expressed in public debate may influence the civil public order but public moral disputes may be resolved only on grounds articulable in secular terms'." [Underscoring supplied] The Supreme Court further added the relationship between religious morality, establishment of a State-religion and the violation of State neutrality, thus: "[I]f government relies upon religious beliefs in formulating public policies and morals, the resulting policies and morals would require conformity to what some might regard as religious programs or agenda. The non-believers would therefore be compelled to conform to a standard of conduct buttressed by a religious belief, i.e., to a 'compelled religion,' anathema to religious freedom. Likewise, if government based its actions upon religious beliefs, it would tacitly approve or endorse that belief and thereby also tacitly disapprove contrary religious or non-religious views that would not support the policy. As a result, government will not provide full religious freedom for all its citizens, or even make it appear that those whose beliefs are disapproved are second-class citizens.
2 A.M. No. P-02-1651, 4 August 2003, 408 SCRA 3 Ang Ladlad LGBT Party vs. COMELEC, G.G. No. 190582 4A.M. No. P-02-1651, 4 August 2003, 408 SCRA , cited also in the petitioner's MR.

Expansive religious freedom therefore requires that government be neutral in matters of religion; governmental reliance upon religious justification is inconsistent with this policy of neutrality. [Underscoring supplied]

III. Violation of Existing Laws The Local Government Code requires local government units to provide family planning while the Magna Carta of Women (RA 9710) ensures access to services and information on legal, safe, and effective methods of family planning. Furthrmore, the AIDS Prevention Act mandates HIV/AIDS education on transmission and prevention in local communities, in schools, health facilities, and workplaces. Even a cursory reading of the relevant portions of such laws would demonstrate that the questioned ordinances, in specified portions thereof or even as a whole, are not only violative of the spirit but also the very letter of such laws.

A. Violation of the Local Government Code The Local Government Code requires local government units to provide family planning, as follows: SEC.17 Basic Services and Facilities. - (a) X x x Local government units shall likewise exercise such other powers and discharge such other functions and responsibilities as are necessary, appropriate, or incidental to efficient and effective provision of the basic services and facilities enumerated herein. [emphasis supplied] (b) Such basic services and facilities include, but are not limited to, the following: (1) For a Barangay: Xxx (ii) Health and social welfare services which include maintenance of barangay health center and day-care center; Xxx

(2) For a municipality: (iv) Social welfare services which include programs and projects on child and youth welfare, family and community welfare, women's welfare, welfare of the elderly and disabled persons; community-based rehabilitation programs for vagrants, beggars, street children, scavengers, juvenile delinquents, and victims of drug abuse; livelihood and other pro-poor projects; nutrition services; and family planning services; The Local Government Code clearly defines the power, duties, and functions of a barangay council, as follows: (a) The sangguniang barangay, as the legislative body of the barangay, shall: Xxx (23) Provide for the delivery of basic services; x x x Xxx

B. Violation of the Magna Carta of Women The Magna Carta of Women also explicitly requires the provision and promotion of modern contraceptives, as follows:

Section 17. Women's Right to Health. - (a) Comprehensive Health Services. The State shall, at all times, provide for a comprehensive, culture-sensitive, and gender-responsive health services and programs covering all stages of a woman's life cycle and which addresses the major causes of women's mortality and morbidity: Provided, That in the provision for comprehensive health services, due respect shall be accorded to women's religious convictions, the rights of the spouses to found a family in accordance with their religious convictions, and the demands of responsible parenthood, and the right of women to protection from hazardous drugs, devices, interventions, and substances. Access to the following services shall be ensured: Xxx (3) Responsible, ethical, legal, safe, and effective methods of family planning;

(4) Family and State collaboration in youth sexuality education and health services without prejudice to the primary right and duty of parents to educate their children; (5) Prevention and management of reproductive tract infections, including sexually transmitted diseases, HIV, and AIDS; Xxx (7) Prevention of abortion and management of pregnancy-related complications; (8) In cases of violence against women and children, women and children victims and survivors shall be provided with comprehensive health services that include psychosocial, therapeutic, medical, and legal interventions and assistance towards healing, recovery, and empowerment; Xxx (11) Management, treatment, and intervention of mental health problems of women and girls. In addition, healthy lifestyle activities are encouraged and promoted through programs and projects as strategies in the prevention of diseases. (b) Comprehensive Health Information and Education. - The State shall provide women in all sectors with appropriate, timely, complete, and accurate information and education on all the above-stated aspects of women's health in government education and training programs, with due regard to the following: (1) The natural and primary right and duty of parents in the rearing of the youth and the development of moral character and the right of children to be brought up in an atmosphere of morality and rectitude for the enrichment and strengthening of character; (2) The formation of a person's sexuality that affirms human dignity; and (3) Ethical, legal, safe, and effective family planning methods including fertility awareness. C. Violation of the AIDS Prevention and Control Act The AIDS Prevention and Control Act further requires HIV/AIDS education on transmission and prevention in local communities, in schools, health facilities, and workplaces necessarily involving discussion on condom use to prevent HIV transmission.

D. Violation of the Labor Code Lastly, under the Rules to Implement the Labor Code on employment of women and minors, employers employing more than 200 workers are required to provide modern contraceptives, as follows:

Rules to Implement the Labor Code, Book III, Rule XII. Employment of Women and Minors. Section 11. - Employers who habitually employ more than 200 workers in any locality shall provide free family planning services to their employees and their spouses which shall include but not limited to, the application or use of contraceptives.

IV. The barangay council encroached on the authority of other governmental agencies. A. The ordinances erroneously equate contraceptives as abortifacient. In Section 2 on Declaration of Barangay Policies, letter D reads:

D. Ang BARANGAY ay iniindorso ang paniniwala na ang contraceptive pills, hormonal kontrasepsyon, at ang IUD ay maaaring patayin ang mga bata at sirain ang puri ng kalusugan ng mga kababaihan dahil sa paggamit ng mga ito; (b) kinokondina ang mga iresponsable at walang habas na paggamit ng mga kontraseptibo at kakayahan nitong parupukin ang pagkakaisa ng mga pamilya sa pamamagitan ng pagtataguyod ng pre-marital sex, pagbibigay ng mas mataas na bilang ng mga ulilang anak, mas solong mga ina, mas kahirapan, at mas maiming aborsyon kapag ang kontraseptibo ay mabigo sa pagpigil, at sanhi ng isang tanggihan ng mga lehitimong kasal, at; (c) kinokondina ang paggamit ng mga condom dahil ipina-pakilala at pinagtitibay nito ang immoral na pagtatalik o seks ng mga hindi mag-asawa, lalo na sa pagitan ng mga kabataan, na kontradikta sa atas ng Konstitusyon sa Estado na itaguyod at ipagtanggol ang pisikal, moral, espiritwal, intelektwal at sosyal na aspeto ng mga kabataan; (The BARANGAY (a) endorses the view that contraceptive pills and hormonal contraceptives and the IUD may kill children and harm womens health by its use; (b) condemns the irresponsible and indiscriminate use of contraceptives as they undermine the solidarity of families by encouraging pre-marital sex, giving rise to more orphaned children, more single mothers, more poverty, and more abortions when the contraceptives fail to control, and by causing a decline of legitimate marriages, and (c) denounces the use of condoms as far as they

encourage and sanction immoral sex among the unmarried and especially among the youth, thereby contradicting the Constitutional injunction that the State shall promote and protectthe physical, moral, spiritual, intellectual and social wellbeing of the youth.) In Section 4, Definition of Terms, the barangay councils erroneously defined intrauterine devices (IUDs) and other hormonal contraceptives as abortifacient.

Pampalaglag/Abortifacient - ay anumang aparato, gamot, na substansiya o pagsasanay na maaaring makapinsala, manakit, makagambala sa natural na pag-unlad, ilagay sa panganib o dahilan sa pagpapatalsik o kamatayan ng isang hindi pa isinisilang na bata; maliban sa ganoong mga aparato, mga gamot, sangkap o mga kasanayan na kung saan ay karaniwang mga medikal na paggamot para sa mga medikal na mga kondisyon na nagbabanta sa buhay o pisikal na kalusugan ng isang buntis na babae o isang hindi pa isinisilang na bata, kapag ginagamit sa paggamot tulad ng mga medikal na mga kondisyon, at hindi man ang mga pangunahing epekto o layunin ng ganoong aparato, gamot, na substansiya, o pagsasanay ay upang maging sanhi ng pagwawakas ng pagbubuntis o pagpigil. Abortifacients at Intrauterine Devices (IUD's), at hormonal kontrasepyon, pati na rin ang anumang, at lahat ng iba pang mga aparato, mga gamot, sangkap o mga kasanayan na mahulog sa loob ng nabanggit na kahulugan, kabilang ngunit hindi limitado sa mga listahan mula dito, na nakalakip bilang Annex A, listahan ng hormonal na kontraseptibo. Ang listahang ito ay nai-update ayon sa pangangailangan ng panahon. (Abortifacient is any device, medicine, substance or practice that can damage, injure, hurt, interfere with the natural development, endanger or cause the expulsion or death of an unborn child; aside from such devices, medicines, substances or practices which are standard medical treatments for medical conditions that threaten the life or physical health of a pregnant woman or an unborn child, when used to treat such medical conditions, and neither the primary effect nor purpose of such device, medicine, substance, or practice is to cause the termination of a pregnancy or prevent conception. Abortifacients include Intrauterine Devices (IUDs), and hormonal contraceptives, as well as any and all other devices, medicines, substances or practices which fall within the foregoing definition, including but not limited to the list hereto attached as Annex A entitled as List of Hormonal Contraceptives. This list is being updated as the need arises.) The barangay councils further defined the following medical terms apparently without sufficiently consulting the experts in the field of medical science and injecting along the way

religious dogma in their legal definition of terms to criminalize legal and safe contraceptives. Thus: Seksiyon 4. Depinisyon ng mga termino (Section 4. Definition of Terms) Para sa ma layunin ng ordinansa, ang mga sumusunod na tuntunin at tinukoy bilang mga sumusunod: (For purposes of the Ordinance, the following terms are defined as follows) Sanggol sa sinapupunan/mga hindi pa pinapanganak na bata- tumutukoy sa isang bata sa anumang yugto ng kanyang buhay at pag-unlad mula sa simula ng union/esperma at ng itlog hanggang sa yugto ng kapanganakan. (Unborn refers to a child at any stage of his or her existence and development beginning from the union of the sperm and the egg until the birth stage;) Concepcion o pagpapabunga- tumutukoy sa oras na ang esperma ay mafertilize ang mga itlog, na magsisimula ng isang bagong buhay, na may isang natatanging buhay at sariling genetic make-up. (Conception or Fertilization refers to the time that the sperm fertilizes the egg, which starts a new life that has a distinct existence and genetic make-up of its own) Pagtatanim- tumutukoy sa yugto ng pag-unlad ng buhay ng sanggol, na tumatagal ng limang araw pagkatapos ng pagpapabunga, kapag ang fertilized na itlog ay mailgay sa ovum. (Implantation refers to that stage of development of the fetal life which takes place around five days after fertilization when the fertilized egg is implanted in the ovum.) Abortion- ang anumang pagkilos o Gawain, sinadya o hindi sinasadya, na naglalagay sa panganib, sanhi, o magdala sa kamatayan, pinsala, o pagpapatalsik, panghihimasok sa mga likas na pag-unlad ng mga sanggol o sanggol sa sinapupunan, tulad nang o sa pamamagitan ng hilot (masahe sa tiyan), pangangasiwa ng gamot o herbal concoctions, higop, hysterectomy, asin iniksyon, hormonal kontrasepsyon, Intra Uterine Devices (IUDs) o iba pang katulad na paran o mga aparato tulad ng aspirators vaccum o pampalaglag na sangkap na ginagamit na isahan o sa kumbinasyon ng pang mga sangkap.

(Abortion any act or practice whether done intentionally or unintentionally to endanger, cause or bring about the death, injury, damage, expulsion or interference in the natural development of the fetus or the unborn child such as through hilot (abdominal massage), administration of certain medicines or herbal concoctions, suction, hysterectomy, saline injection, hormonal contraceptives, intra-uterine devices (IUDs) or other similar means or devices like vacuum aspirators or abortifacient substances whether used singly or in combination with other substances.) Kontraseptibo- anumang aparato o gamot na inilaan o may layunin o epeftong pumipigil sa paglilihi na result ang pakikipagtalik. (Contraceptive any device or drug that is intended or has the purpose or effect of preventing conception as a consequence of sexual intercourse. Human personality refers to the status that is gained and attached to an unborn child from the moment of conception.) Karapatan ng magulang- tumutukoy sa mga karapatan ng magulang na magbigay ng pahintulot sa menor de edad na sumangkot sa anumang desisyon o diskresyon kaugnayan sa hindi pa isinisilang na mga anak sa anumang yugto ng kanilang pag-unlad sa sinapupunan ng kanilang mga menor de edad na ina. (Parental Right refers to the right of parents to give or withhold consent when minors are involved in any decision or discretion relating to unborn children at any stage of their development in the wombs of their minor mothers.) B. Ultra Vires Moreover, the barangay councils simply do not have the powers to redefine the use of IUDs and hormonal contraceptives as abortifacients when these are guaranteed safe by the DOH and the FDA and are on the list of World Health Organization (WHO) Model List of Essential Medicines. The sweeping and overbroad definitions used by the barangay councils run counter to the established facts and scientific research that are now available to the public. The following are the exact scientific definition from the WHO of terms cited in the ordinances:

1. Medical or clinical abortion is the termination of pregnancy before a fetus is considered viable. The definition of "viability" varies according to several factors particular to each setting.5

2. Fertilization/Conception (used interchangeably) is considered part of a long process of activities that result in a pregnancy. In reality no one can actually determine the exact time fertilization occurs in a woman, nor if it actually occurs. Not all fertilization leads into embryo development, or into implantation, or into pregnancy. Natural losses take place along the way.6 3. Fetus: The unborn offspring from the end of the 8th week after conception (when the major structures have formed) until birth. Up until the eighth week, the developing offspring is called an embryo. 7

In Section 5, Health Service Delivery, the barangay councils even went further to singly promote calendar or symptoms-based methods or commonly called NFP which they describe as effective and scientifically proven, as follows:

SEKSIYON 3. Layunin Ang ordinansa ay may mga sumusunod na layunin: Xxx (G) upang itaguyod at magbigay ng mabisa at subok sa syensang Natural Family Planning (NFP) na serbisyo sa mga kasal at mga ikakasal, dahil ang NFP, hindi katulad ng kontraseptibo, ay pinapalakas sa halip na pinapahina ang diwa ng kasal sa pagitan ng mag asawa, at pagtaguyod na ang pamilya ay pundasyon ng bansa.

World Health Organization Philippines Response to Queries Regarding the Reproductive Health Bills as Requested by Hon. Edcel Lagman, Representative, 1st District of Albay, January 17, 2011 6 Ibid.

(All funds which are budgeted or disbursed by the BARANGAY for programs to support responsible parenthood shall be used exclusively to promote and provide effective and scientifically proven Natural Family Planning (NFP) services to married couples and those engaged to be married.) To conclude that the NFP method is the ONLY effective and scientifically proven method is outright misinformation. In fact, the WHO in their list of family planning methods describes the calendar or symptoms-based method with only 75% efficacy.

This provision misinforms the public and will obviously create confusion among the barangay constituents thereby endangering the lives of women in their respective barangays.

C. Contraceptives are not abortifacient The experts from local and international health organizations such as the DOH and the World Health Organization (WHO) affirm that artificial contraceptives do not cause abortion. According to Dr. Soe Nyunt-U, WHO Representative to the Philippines, when used properly and in doses/ways recommended, none of these methods have been shown to cause the abortion of an implanted fetus.8 Dr. Soe further said contraceptives should be defined as something that helps prevent pregnancy while abortifacients are those that terminate an established pregnancy.9 The pills, he added are not effective once the process of implantation has begun, and will not cause abortion.10 Soe said, intrauterine devices or IUDs are not meant to terminate pregnancy and [w]hen used appropriately by adequately trained staff, an IUD does not cause abortion, as it is not going to be inserted unless it is certain that the woman is not pregnant. Soe further explained on contraceptives, We have studied the benefits and risks (before) we put them in the

Contraceptives are not abortifacients, Malaya, August 9, 2011, available at 9 Ibid. 10 Ibid.

essential medicine list. The benefits far outweigh the risks(Contraceptives) are the most costeffective intervention and a country should have it in health facilities.11

D. A Fetus is not a Legal Person

Finally, a fetus is not a person accorded with the same rights and protection as legal persons. A contrary view, as those contained in the subject ordinances, runs counter to the

existing and wel-established definition of persons under the Civil Code.

Article 41 of the Civil Code states that For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mother's womb. However, if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb. Therefore, putting the importance of life of the unborn or a potential life at the same level, priority, or even transendance of the mother who is already a full grown human being may, despite emotional and even archaic moral considerations, validly be argued as a hypocritical or cynical disregard to life itself and also to the lives of other human beings, such as the lives of other children who depends on the mother.

Conclusion From all the foregoing, it is our humble yet studied position that the said barangay ordinances should be immediately overturned by the Sangguniang Panglunsod of Balanga, Bataan for violating the Constitution and existing laws. Respectfully submitted: 1 September 2011. National Secretariat Office National Union of Peoples Lawyers (NUPL)


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