Professional Documents
Culture Documents
ANTI ABORTION?
When the Philippines was
still under Spanish rule,
abortion was prohibited as
in ran contrary to the
teachings of the Catholic
Church.
According to the law
there are two kinds
of abortion:
Intentional (Intent to abort the fetus)
Unintentional (Caused by violence, but
unintentionally)
Any woman who shall
commit this offense
to conceal her
dishonor,
Ifthis crime be committed
by the parents of the
pregnant woman or either
of them, and they act with
the consent of said woman
for the purpose of
concealing her dishonor
any physician or midwife
who, taking advantage of
their scientific knowledge
or skill, shall cause an
abortion or assist in
causing the same.
Any pharmacist who,
without the proper
prescription from a
physician, shall
dispense any abortive
Ifthis crime be committed
by the parents of the
pregnant woman or either
of them, and they act with
the consent of said woman
for the purpose of
concealing her dishonor
ARE THERE EXCEPTIONS?
Exception;
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 woman’s life.
Simply said abortion can be performed if the life of the
mother is endangered because of delicate pregnancy.
The stand of the Catholic
Church on RH law
WHY DID THE
REPRODUCTIVE HEALTH
LAW BECOME TOO
CONTROVERSIAL?
WHY DO SOME PEOPLE
OPPOSE IT?
Role of the
Catholic Church
The Catholic Church has
a big influence in
Philippines society,
especially in terms on
reproductive health
despite on the
separation of the Church
and State.
The Catholic
Church
believes that
life begins at
conception,
therefore
abortion is
equal to killing
a baby.
Because of this, there
are cases of women
needing medical
services related to
abortion who were
turned away by doctors.
The influence of the
Catholic Church leads
many Filipinos to
believe that a woman
should not get
pregnant if she is not
married.
The only method of
controlling the family
size according to the
Church is the natural
way.
The role of the
government in abortion
Abortion is becoming
one of the problems of
the government due to
the danger it poses to
the lives of women.
Thegovernment launched a
program for the comprehensive
sex education for the youth and
large scale distribution of
contraceptives
This
is known as the Prevention
and Management of Abortion
and its Complications (PMAC)
Controversy on
the RH Law
The case of Imbong and Ochoa
JAMES IMBONG AND LOVELY-ANN IMBONG,for themselves
and in behalf of their minor children
VS.
HON.PAQUITO OCHOA
Republic Act (R.A.) No. 10354,
otherwise known as the
Responsible Parenthood and
Reproductive Health Act of 2012
(RH Law), was enacted by
Congress on December 21,
2012.
Challengers from
various sectors of
society are
questioning the
constitutionality of
the said Act. The
petitioners are
assailing the
constitutionality of
RH Law on the
following grounds:
According to the
petitioners,
notwithstanding its
declared policy against
abortion, the
implementation of the
RH Law would authorize
1.The the purchase of hormonal
contraceptives, intra-
RH Law uterine devices and
injectables which are
violates abortives, in violation of
Section 12, Article II of
the right the Constitution which
guarantees protection
to life of of both the life of the
mother and the life of
the the unborn from
conception.
unborn.
2.The RH The petitioners posit
that the RH Law
Law violates provides universal
access to
the right to contraceptives which
are hazardous to one's
health and health, as it causes
the right to cancer and other health
problems.
protection
against
hazardous
products.
For the
3.The RH petitioners, the
Law use of public
funds for purposes
violates that are believed
the right to be contrary to
their beliefs is
to religious included in the
constitutional
freedom. mandate ensuring
religious freedom.
According to the
petitioners, the RH Law
subjects medical
practitioners to
involuntary servitude
4.The RH because, to be
accredited under the
Law violates PhilHealth program,
the they are compelled to
constitutiona provide forty-eight
l provision hours of services for
indigent women,
on under threat of
involuntary criminal prosecution,
servitude. imprisonment and
other forms of
punishment.
Thepetitioners
argue that, rather
than promoting
reproductive
5.The RH health among the
Law poor, the RH Law
violates the seeks to introduce
right to contraceptives
that would
equal
effectively reduce
protection the number of the
of the law. poor.
6.The RH In imposing the
penalty of
Law is "void- imprisonment
for- and/or fine for
vagueness" in "any violation," it
is vague because it
violation of does not define
the due the type of
process conduct to be
treated as
clause of the "violation" of the
Constitution. RH Law.
The petitioners note
7.The RH that although
Law exemption is granted
to institutions owned
violates the and operated by
religious groups, they
right to are still forced to
refer their patients
free to another
healthcare facility
speech. willing to perform
the service or
procedure
8.The It is contended that
RH
the RH Law
Law intrudes providing for
into the zone mandatory
reproductive health
of privacy of education intrudes
one's family upon their
constitutional right
protected by to raise their
the children in
accordance with
Constitution. their beliefs.
Argument and
Decision