The 1987 Constitution has implicitly recognized the right to life of the unborn child

under its Section 12 when it gave the mandate, under the Section's second sentence, to

protect the unborn life from its conception, equally with the life of mother.

To this day, poverty is still a major stumbling block to the nation's emergence as

a developed country, leaving our people beleaguered in a state of hunger, illiteracy and

unemployment. While governmental policies have been geared towards the

revitalization of the economy, the bludgeoning dearth in social services remains to be a

problem that concerns not only the poor, but every member of society. The government

continues to tread on a trying path to the realization of its very purpose, that is, the

general welfare of the Filipino people and the development of the country as a whole.

The legislative branch, as the main facet of a representative government, endeavors to

enact laws and policies that aim to remedy looming societal woes, while the executive is

closed set to fully implement these measures and bring concrete and substantial

solutions within the reach of Juan dela Cruz. Seemingly distant is the judicial branch,

oftentimes regarded as an inert governmental body that merely casts its watchful eyes

on clashing stakeholders until it is called upon to adjudicate. Passive, yet reflexive when

called into action, the Judiciary then willingly embarks on its solemn duty to interpret

legislation vis-a-vis the most vital and enduring principle that holds Philippine society

together - the supremacy of the Philippine Constitution.

Nothing has polarized the nation more in recent years than the issues of

population growth control, abortion and contraception. As in every democratic society,

diametrically opposed views on the subjects and their perceived consequences freely

circulate in various media. From television debates to sticker campaigns, from rallies by

socio-political activists to mass gatherings organized by members of the clergy - the

clash between the seemingly antithetical ideologies of the religious conservatives and

progressive liberals has caused a deep division in every level of the society. Despite

calls to withhold support thereto, however, 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.

Shortly after the President Benigno S. Aquino III placed his imprimatur on the

said law, challengers from various sectors of society came knocking on the doors of the

Court, beckoning it to wield the sword that strikes down constitutional disobedience.

Long before the incipience of the RH Law, the country has allowed the sale,

dispensation and distribution of contraceptive drugs and devices. As far back as June

18, 1966, the country enacted R.A. No. 4729 entitled "An Act to Regulate the Sale,

Dispensation, and/or Distribution of Contraceptive Drugs and Devices." Although

contraceptive drugs and devices were allowed, they could not be sold, dispensed or

distributed "unless such sale, dispensation and distribution is by a duly licensed drug

store or pharmaceutical company and with the prescription of a qualified medical

practitioner." (Section I, R.A. No. 4729).

In addition, R.A. No. 5921, approved on June 21, 1969, contained provisions

relative to "dispensing of abortifacients or anti-conceptional substances and devices."

Under Section 37 thereof, it was provided that "no drug or chemical product or device

capable of provoking abortion or preventing conception as classified by the Food and

Drug Administration shall be delivered or sold to any person without a proper

prescription by a duly licensed physician."

On December 11, 1967, the Philippines, adhering to the UN Declaration on

Population, which recognized that the population problem should be considered as the

principal element for long-term economic development, enacted measures that

promoted male vasectomy and tubal ligation to mitigate population growth (PRI,

2002). Among these measures included R.A. No. 6365, approved on August 16, 1971,

entitled "An Act Establishing a National Policy on Population, Creating the Commission

on Population and for Other Purposes." The law envisioned that "family planning will be

made part of a broad educational program; safe and effective means will be provided to
couples desiring to space or limit family size; mortality and morbidity rates will be further

reduced."

To further strengthen R.A. No. 6365, then President Ferdinand E . Marcos issued

Presidential Decree. (P.D.) No. 79, dated December 8, 1972, which, among others,

made "family planning a part of a broad educational program," provided "family planning

services as a part of over-all health care," and made "available all acceptable methods

of contraception, except abortion, to all Filipino citizens desirous of spacing, limiting or

preventing pregnancies."

Through the years, however, the use of contraceptives and family planning

methods evolved from being a component of demographic management, to one

centered on the promotion of public health, particularly, reproductive health (senate

policy brief, 2009). Under that policy, the country gave priority to one's right to freely

choose the method of family planning to be adopted, in conformity with its adherence to

the commitments made in the International Conference on Population and

Development. Thus, on August 14, 2009, the country enacted R.A. No. 9710 or "The

Magna Carta for Women,” which, among others, mandated the State to provide for

comprehensive health services and programs for women, including family planning and

sex education.

Despite the foregoing legislative measures, the population of the country kept on

galloping at an uncontrollable pace. From a paltry number of just over 27 million

Filipinos in 1960, the population of the country reached over 76 million in the year 2000

and over 105 million in 2017 (PSA, 2017). The executive and the legislative, thus, felt

that the measures were still not adequate. To rein in the problem, the RH Law was

enacted to provide Filipinos, especially the poor and the marginalized, access and

information to the full range of modem family planning methods, and to ensure that its

objective to provide for the peoples' right to reproductive health be achieved. To make it

more effective, the RH Law made it mandatory for health providers to provide
information on the full range of modem family planning methods, supplies and services,

and for schools to provide reproductive health education. To put teeth to it, the RH Law

criminalizes certain acts of refusals to carry out its mandates.

Stated differently, the RH Law is an enhancement measure to fortify and make

effective the current laws on contraception, women's health and population control.

In this jurisdiction, the right to life is given more than ample protection. Section 1,

Article III of the Constitution provides:

Section 1. 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.

It is remarkable that the Declaration of Policy in the consolidated Reproductive

Health Bill affirms the primacy of autonomy and self-determination:

The State recognizes and guarantees the exercise of the universal basic

human right to reproductive health by all persons, particularly of parents, couples

and women, consistent with their religious convictions, cultural beliefs and the

demands of responsible parenthood. Toward this end, there shall be no

discrimination against any person on grounds such as sex, age, religion, sexual

orientation, disabilities, political affiliation and ethnicity.

As expounded earlier, the use of contraceptives and family planning methods in

the Philippines is not of recent vintage. From the enactment of R.A. No. 4729, entitled

"An Act To Regulate The Sale, Dispensation, and/or Distribution of Contraceptive Drugs

and Devices "on June 18, 1966, prescribing rules on contraceptive drugs and devices

which prevent fertilization, to the promotion of male vasectomy and tubal ligation, and

the ratification of numerous international agreements, the country has long recognized

the need to promote population control through the use of contraceptives in order to

achieve long-term economic development. Through the years, however, the use of
contraceptives and other family planning methods evolved from being a component of

demographic management, to one centered on the promotion of public health,

particularly, reproductive health.

This has resulted in the enactment of various measures promoting women's

rights and health and the overall promotion of the family's well-being. Thus, aside from

R.A. No. 4729, R.A. No. 6365 or "The Population Act of the Philippines" and R.A. No.

9710, otherwise known as the "The Magna Carta of Women" were legislated.

Notwithstanding this paradigm shift, the Philippine national population program has

always been grounded two cornerstone principles: "principle of no-abortion" and the

"principle of non-coercion."

As healthful as the intention of the RH Law may be, the idea does not escape

that what it seeks to address is the problem of rising poverty and unemployment in the

country. Let it be said that the cause of these perennial issues is not the large

population but the unequal distribution of wealth. Even if population growth is controlled,

poverty will remain as long as the country's wealth remains in the hands of the very few.

As one Filipina community health worker puts it:

For many women who have gone through it, it was not so much the

physical pain that was unbearable for them but the pain inflicted by self-righteous

society. The trauma of abortion lingers long after the procedure is completed.

The most common reason for women making this decision is to ensure the

survival of her family. With another child to feed, the chances for greater life for

her offspring will be greatly compromised. The responsibility to raise this family

14 well drove them to make such a difficult situation, and for that society seeks to

punish them(Tripon, 2002).

At any rate, population control may not be beneficial for the country in the long

run. The European and Asian countries, which embarked on such a program

generations ago, are now burdened with ageing populations. The number of their young
workers is dwindling with adverse effects on their economy. These young workers

represent a significant human capital which could have helped them invigorate, innovate

and fuel their economy. These countries are now trying to reverse their programs, but

they are still struggling. For one, Singapore, even with incentives, is failing.

Be that as it may, it bears reiterating that the RH Law is a mere compilation and

enhancement of the prior existing contraceptive and reproductive health laws, but with

coercive measures. Even if the Court decrees the RH Law as entirely unconstitutional,

there will still be the Population Act (R.A. No. 6365), the Contraceptive Act (R.A. No.

4729) and the reproductive health for women or The Magna Carta of Women (R.A. No.

9710), sans the coercive provisions of the assailed legislation. All the same, the

principle of "no-abortion" and "non-coercion" in the adoption of any family planning

method should be maintained.

A truly Filipino feminist perspective on RH debates is anchored deeply within the

lived experience of poor Filipinas burdened by caring for multiple children, who are

certainly the poorest of the poor in our midst. The Consolidated Reproductive Health Bill

seeks to respond to them.

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