MAIN ISSUE:

Whether or not criminalizing abortion is constitutional?

COROLLARY ISSUES:

1. Whether or not criminalizing abortion is in is in compliance with Art II, Sec. 6

of the 1987 Constitution of the Philippines.
Section 6. The separation of Church and State shall be inviolable.
Explanation:
Philippines is a country that is predominated by Catholicism. Abortion is illegal because
it is immoral to undergo in this procedure for it kills the unborn child. Because of this,
women tend to go to unaccredited clinics or quack doctors to have abortion which may lead
to complications or death due to unsafe environment and procedures. Sometimes, a woman
who is in need of post-abortion healthcare services due to excessive bleeding are refused to
have one because medical practitioners act on their morality based on their Catholicism roots.
If proven that abortion is criminalized because of the churchs beliefs, the question of
constitutionality exists.

2. Whether or not criminalizing abortion is in consonance with Art. II, Sec. 11 of

the 1987 constitution.
Section 11. The state values the dignity of every human person and guarantees
full respect for human rights.
Explanation:
In the book 2, Section 2, Art. 258 of the revised penal code, it stated that:
Art. 258. Abortion practiced by the woman herself of by her parents. The
penalty of prision correccional in its medium and maximum periods shall be
imposed upon a woman who shall practice abortion upon herself or shall consent
that any other person should do so.
Any woman who shall commit this offense to conceal her dishonor, shall suffer
the penalty of prision correccional in its minimum and medium periods.

If this 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, the offenders shall suffer the penalty of prision correccional in its
medium and maximum periods.
The phrase concealing her dishonor was repeatedly stated. The law does not
clearly define what the dishonor meant in the statement. Getting pregnant out of
rape, forced or out of wedlock and not allowing the woman to have abortion is not
an act of respecting human rights and her dignity as a human person.

3. Whether or not criminalizing abortion is in accordance with Art. II, Sec 15 of

the 1987 Constitution.
Section 15. The State shall protect and promote the right to health of the people
and instill health consciousness among them.
Explanation:
Depriving women of accessible abortion is not promoting the right to health of a human
being. Also, criminalizing abortion does not instill health consciousness among people for they
are fed with false idea about abortion which endangers the life of a woman.