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Abortion in the Philippines: To do or not to do?

December 30, 2008

Abortion in the Philippines: To do or not to do?

VIEW FROM AFAR:By Atty. Ariel Anthony Tizon

The Reproductive Health Care Act [HB 4110] has been vigorously opposed

by the Church and pro-life groups alleging that it may be a backdoor attempt to legalize abortion in the Philippines. I have acquired a copy of the HB 4110 through the internet and after reading it, I could not seem to find an outright provision expressly declaring that abortion will be legalized.However, certain provisions in the bill such as Sections 3(c) and 3(d) on reproductive rights and reproductive health, respectively; Section 4 (a) (2) on the right to make reproductive decisions; and Section 5 (a) (3) on the prevention and management of abortion could somehow be interpreted as giving the Filipino woman the choice to undergo abortion without fear of prosecution.

The proposed Bill is a human rights based legislation. Pro-choice proponents would certainly proclaim it to be a huge move forward for human rights legislation in the country. But is it?

The Philippine Revised Penal Code (R.A. No. 3815 as Amended) prohibits abortion in Articles 256- 259. The 1987 Constitution (Section 5 Article II and Section 1 Article III) protects the right to life. The Right to Life is the most fundamental of human rights. It is the spring from which flow forth all other human rights. The Constitution protects the unborn from the moment of “conception” according to some quarters. But the question remains. At what time do we legally reckon the moment of conception? Is it during the formation of the human embryo or when it has become a human fetus? Who has the legal standing to represent the unborn? When can we say the unborn has legal personality?

United Kingdom abortion law is enlightening. The 1967 Abortion Act mandates that abortion of a fetus may be allowed for up to 24 weeks of pregnancy provided two doctors must decide that the risk to a woman’s physical or mental health or the risk to her child(ren)’s physical or mental health will be greater if she continues with the pregnancy than if she ends it. However, there is no time limit on abortion where two doctors agree that a woman’s health or life is gravely threatened by continuing with the pregnancy or that the fetus is likely to be born with severe physical or mental abnormalities. Further, in the event that an abortion must be performed as a matter of medical emergency a second doctor’s agreement does not need to be sought. The consent of the woman’s partner, her own doctor, or her family in the induced abortion of a fetus under the foregoing legal criteria is not necessary.

Technically, abortion is not really allowed in the United Kingdom for the Act only provides legal defences for those doing it. Incidentally there had been a move to lower the upper limit of 24 weeks but it was defeated in the House of Commons.

Aside from legal grounds, pro-life proponents rely on moral and religious arguments in opposing an abortion law. Pro-choice groups on the other hand assert a pregnant woman’s right to choose and make a decision for herself to terminate or continue her pregnancy.

A lot had been said, done, talked and written by these groups on the opposite sides of this great divide.

But what about the human embryo? The human fetus? Does a human embryo or a human fetus have human rights before being born? Could a human embryo or a human fetus be fit to be a subject of legal relations? For me, these are the questions crucial to the equation…..

Written by admin · Filed Under Atty. Ariel Anthony Tizon, Columnists 

Comments

One Response to “Abortion in the Philippines: To do or not to do?”

  1. Raquel L. Musni,MD on April 10th, 2010 5:11 am

    Sir Ariel Tizon, continue doing great! Hope to see you back in the Philippines and meet my daughter Maui.

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