ARE YOU FOR IT OR AGAINST IT?

Team BUHAY or Team Patay?

This is the RH LAW

R E P R O D U C T I V E H E A LT H L A W

PRESENTED BY GROUP 3
The Responsible Parenthood and Reproductive Health
Act of 2012 (R.A. 10354), known as the Reproductive
Health Law (RH Law) guarantees universal access to
methods on contraception, fertility control, sexual
education and maternal care.
 Imbong v. Ochoa et al.

! Consolidation of 14 petitions and two petitions-in-

intervention
! Petitioners are assailing the constitutionality of the
RH Law on various grounds
 Issues
Procedural Whether the Court Substantive Whether the RH law
may exercise its power of judicial is unconstitutional
review over the controversy
1. Right to Life
1. Power of Judicial Review
2. Right to Health
2. Actual case or controversy
3. Freedom of Religion and the
3. Facial Challenge Right to Free Speech
4. Locus standi 4. The Family
5. Declaratory Relief 5. Freedom of Expression and
6. One Subject/One Title Rule Academic Freedom
6. Due Process
7. Equal Protection
8. Involuntary Servitude
9. Delegation of Authority to the
FDA
10. Autonomy of Local
Governments/ARMM
 Positions/Contentions
Petitioners Respondents
1. Violates the right to life 1. Intent of the framers was
and health of the unborn simply the prohibition of
child under Sec12, Art.II abortion
of the Constitution 2. Reproductive health care
2. Allows access to services, methods, devices
abortifacients/abortives and supplies accessible to
effectively sanctions public
abortion 3. Right to life is not violated
3. Contraceptive use considering that various
contravenes natural law studies of the WHO show
and is an affront to the that life begins from the
dignity of man implantation of the
4. Abortifacients are not fertilized ovum
prohibited (Respondent Lagman)
When does life begin?
 In jurisprudence, an unborn child has already a
legal personality

! Even a child inside the womb already has life. No

less than the Constitution recognizes the life of the
unborn from conception, that the State must protect
equally with the life of the mother. If the unborn
already has life, then the cessation thereof even prior
to the child being delivered, qualifies as death.
- Continental Steel v. Hon. Accredited Montano (G.R. 182836)
When is the moment of
conception?

LIFE BEGINS AT IMPLANTATION

OR LIFE BEGINS AT FERTILIZATION?
 When does life begin?
Term: Conception

Plain and legal meaning: Blacks Law Dict:

Fecundation of the
Life begins at female ovum by the male
fertilization spermatozoon

Medical meanings/
Websters 3rd Intl. textbooks
Dictionary:
Fertilization that Philippine Medical
results in a new entity Association
 Intent of the Framers

Records of the Constitutional Convention shed light on

the intention of the Framers re: the term
conception used in Sec. 12, Art. II of the
Constitution.

From the deliberations, it was emphasized that the

State shall provide equal protection to both mother
and unborn child at the earliest opportunity of life,
that is, upon fertilization.
 All that discussion also mean that

Contraceptives that kill or destroy the fertilized ovum

should be deemed an abortive and thus prohibited.

Conversely, contraceptives that actually prevent the

union of the male sperm and female ovum (and
those that are deemed non-abortive) are
constitutionally permissible.
 Re: abortion

The intent of the framers of the Constitution for

protecting the life of the unborn child was to prevent
Legislature from passing a measure to prevent
abortion. The RH Law is in line with this
intent and actually prohibits abortion.
How did the SC decide on this?

THE MOMENT OF CONCEPTION

IS RECKONED FROM
FERTILIZATION.
SC Decision - R.A. 10354 is not
unconstitutional

EXCEPT FOR THE FF:

PROVISIONS WHICH ARE
UNCONSTITUTIONAL