Consti Draft 2

8/13/2019 Consti Draft 2

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I. THE REPRODUCTIVE HEALTH BILL IS NOT DESTRUCTIVE OF BUT, IN

FACT, EVEN ADVANTAGEOUS TO THE FAMILY.

A. P RIMARILY , THE RH BILL FALLS WITHIN THE AMBIT OF THE C ONSTITUTIONAL

MANDATE FOR THE PROTECTION AND STRENGTHENING OF THE F ILIPINO

F AMILY .

1. The 1987 Constitution serves as the basis for the Reproductive

Health Bill.

a. ARTICLE II, SECTION 12

Primarily, the RH Bill falls within the ambit of the Constitutional mandate for the protection and the strengthening of the Filipino Family. The 1987 Constitution solidified theconcept of family and their rights through the provisions, both the ones retained and added. 1

Hector de Leons commentary talks about t he family as both autonomous as well asanterior to the state. 2 The family forms the basic unit of the society.

The Senate may freely enact the RH bill there being no constitutional prohibitionagainst it. 3

The Constitution strengthens the family as a social institution by providing the familywith the much needed assistance to enable them to attain a dignified existence, to live in adecent world in health, in peace and comfort. The Constitutions declaration of policy that the

parents be not left alone in their right and duty of training the youth for civic efficiency; that

the government equally share in this duty and responsibility by giving them help andsupport. 4

b. ARTICLE XV, SECTION 1

c. ARTICLE XV, SECTION 2

1 1987 PHIL . CONST . art. II, 12.

2 HECTORDE LEON, PHILIPPINE CONSTITUTIONAL LAW162 (1999).

3 (Speech of Senator Miriam Defensor Santiago, August 17, 2011)

4 Ruperto G. Martin, New Constitution of the Philippines: Notes, Comments & problems 73(1987).

It directs the State to strengthen the family as a basic autonomous social institution.This can be realized by providing the family with the much needed assistance to enablethem to attain a dignified existence, to live in a decent world in health, in peace andcomfort.

It is decreed in this declaration of policy that the parents be not left alone in their rightand duty of training the youth for civic efficiency; that the government equally share in

this duty and responsibility by giving them help and support."


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d. ARTICLE XV, SECTION 3

Sections 1, 2, and 3 place emphasis on the family being the basic unit of society and because

of this, the 1987 Constitution gives recognition to the Filipino family as the foundation of the

nation. The State shall promote the total development of the family and strengthen its

solidarity. This section prohibits the interference of the State in the independence of spouses

in determining the size of their own family according to their own religious convictions and

the demands of responsible parenthood. Responsible parenthood means that parents should

have a strong sense of responsibility in planning for the family and children. They should be

educated in such a way that they should not have more children than they could decently

support and educate. Likewise, it is the obligation of the State to defend the respective rights

of spouses, of children, of the family, and of families or family associations in keeping with

the independence of the family from the State. 5 Thus, the State cannot impose a program of

birth control against the religious beliefs of the spouses. 6

2. The RH Bill also addresses the State policy on health as reflected in

various provisions.

a. ARTICLE II, SECTION 5

b. ARTICLE II, SECTION 9

c. ARTICLE II, SECTION 15

d. ARTICLE XIII , SECTION 11

e. ARTICLE XIII , SECTION 12

The protection of life, liberty, and property is an essential element of democracy. The promotion of a poverty-free social order that provides adequate social services, a risingstandard of living, and an improved quality of life for the Filipinos is one of the main policiesset forth by the 1987 Constitution. Because of this, the State has an obligation to protect and

promote the right to health of each Filipino and instill health consciousness among them. To be more particular, the Constitution mandates the State to adopt an integrated andcomprehensive approach to health development which shall endeavor to make essentialgoods, health and other social services available to all the people at affordable cost whereinthe under-privileged, sick, elderly, disabled, women, and children are prioritized. Also, theState shall establish and maintain an effective food and drug regulatory system and undertake

5 Hector S. De leon, Philippine Constitutional law: principles and cases Volume 2 1004(1999).

6

Jose N. Nolledo, The New Constitution of the philippines annotated 101 (1990).


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appropriate health, manpower development, and research, responsive to the country's healthneeds and problems.

3. The RH Bill finds support in operationalizing the States goal towardsequity and equality through social justice and within the national

framework on development.

a. Article II, Section 10

b. Article XIII, Section 1

c. Article XIII, Section 2

4. The RH Bill is faithful to the Constitutional mandate towards

gender equality and women empowerment.

a. Article II Section 14

b. Article XIII Section 14

5. The RH Bill has also been integrated within the framework of

development through education.

a. Article XIV Section 1

b. Article XIV Section 2

6. The RH Bill is anchored upon the transcendental importance of

human rights in the Constitution

It has been said that even if we abolish the entire Bill of Rights, all the rights enumerated

would still exist, provided that we keep the Equal Protection Clause and the Due ProcessClause. These two great clauses are found in our Bill of Rights, which provides: Sec. 1. Noperson shall be deprived of life, liberty, or property, without due process of law, nor shallany person be denied the equal protection of the laws. The right of the mother to protectherself and her baby from death-dealing poverty is a liberty protected under the DueProcess Clause. Similarly, the right of the mother in the lowest social class is equal to theright of the mother in the highest social class, when both rights pertain to freedom ofinformation. Thus, to make information on reproductive health accessible to the rich but notto the poor would be a violation of the Equal Protection Clause.[4] Speech of SenatorMiriam Defensor Santiago, August 17, 2011

a. Article III Section 6


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b. Article XV Section 3

This provision does not mention the term reproductive health or any of its affiliatevocabularies. This is in the nature of a constitution. As explained in the 1930 case of Lopez v.de los Reyes, [1] speaking of the Constitution:

The Constitution, directly or indirectly, does not prohibit the RH bill.Therefore, in constitutional terms, this Senate is free to enact this bill. It isnow well accepted in our jurisdiction that under the rational basis test, solong as an act of Congress bears some reasonable relationship to the grant of

power to the national government and it is not otherwise prohibited by theConstitution, a reviewing court must find the law to be necessary and proper.

an unborn in the womb of the mother has life, it is human and it has presumptive personality. It is constitutional protection declares the State policy againstabortion. P.101

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Consti Draft 2