Abortion in the Philippines
Encyclopedia
The basic status of Abortion in the Philippines is that it is illegal, or banned by rule of law.
The act is criminalized by the Revised Penal Code of the Philippines
, which was enacted in 1930 and remains in effect today. Articles 256, 258 and 259 of the Code mandate imprisonment for the woman who undergoes the abortion, as well as for any person who assists in the procedure, even if they be the woman's parents, a physician or midwife. Article 258 further imposes a higher prison term on the woman or her parents if the abortion is undertaken "in order to conceal [the woman's] dishonor".
There is no law in the Philippines that expressly authorizes abortions in order to save the woman's life; and the general provisions which do penalize abortion make no qualifications if the woman's life is endangered. It may be argued that an abortion to save the mother's life could be classified as a justifying circumstance (duress
as opposed to self-defense
) that would bar criminal prosecution under the Revised Penal Code. However, this has yet to be adjudicated by the Philippine Supreme Court
.
Proposals to liberalize Philippine abortion laws have been opposed by the Catholic Church
, and its opposition has considerable influence in the predominantly Catholic country. However, the constitutionality of abortion restrictions has yet to be challenged before the Philippine Supreme Court
.
The present Constitution of the Philippines
, enacted in 1987, pronounces as among the policies of the State that "[The State] shall equally protect the life of the mother and the life of the unborn from conception." (sec. 12, Art. II) The provision was crafted by the Constitutional Commission which drafted the charter with the intention of providing for constitutional protection of the abortion ban, although the enactment of a more definitive provision sanctioning the ban was not successful. It is also notable that the provision is enumerated as among several state policies, which are generally regarded in law as unenforceable in the absence of implementing legislation. The 1987 RP Constitution also contains several other provisions enumerating various state policies including, e.g., the affirmation of labor "as a primary social economic force" (Section 14, Article II); the equal protection of "the life of the mother and the life of the unborn from conception" (Section 12, Article II); the "Filipino family as the foundation of the nation" (Article XV, Section 1); the recognition of Filipino
as "the national language of the Philippines" (Section 6, Article XVI, and even a requirement that "all educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors." (Section 19.1, Article XIV) Whether these provisions may, by themselves, be the source of enforceable rights without implementing legislation has been the subject of considerable debate in the legal sphere and within the Supreme Court. The Court, for example, has ruled that a provision requiring that the State "guarantee equal access to opportunities to public service" could not be enforced without implementing legislation, and thus could not bar the disallowance of so-called "nuisance candidates" in presidential elections. However, in another case the Court held that a provision requiring that the State "protect and advance the right of the people to a balanced and healthful ecology" did not require implementing legislation to become the source of operative rights. Any legal challenge to abortion restrictions in the Philippines would necessarily have to evaluate the legal force given to Section 12, Article II of the Constitution.
s performed illegally in the Philippines
and 80,000 hospitalizations of women for abortion-related complications. 12% of all maternal deaths in 1994 were due to unsafe abortion
according to the Department of Health
of the Philippines. Two-thirds of Filipino women who have abortions attempt to self-induce
or seek solutions from those who practice folk medicine
.
The Department of Health has created a program to address the complications of unsafe abortion, Prevention and Management of Abortion and its Complications. This program had been tested in 17 government-run hospitals by 2003.
Legal basis for Philippine abortion ban
Article II of the 1987 Philippine Constitution says, in part, "Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception.The act is criminalized by the Revised Penal Code of the Philippines
Revised Penal Code of the Philippines
The Revised Penal Code contains the general penal laws of the Philippines. First enacted in 1930, it remains in effect today, despite several amendments thereto. It does not comprise a comprehensive compendium of all Philippine penal laws. The Revised Penal Code itself was enacted as Act No...
, which was enacted in 1930 and remains in effect today. Articles 256, 258 and 259 of the Code mandate imprisonment for the woman who undergoes the abortion, as well as for any person who assists in the procedure, even if they be the woman's parents, a physician or midwife. Article 258 further imposes a higher prison term on the woman or her parents if the abortion is undertaken "in order to conceal [the woman's] dishonor".
There is no law in the Philippines that expressly authorizes abortions in order to save the woman's life; and the general provisions which do penalize abortion make no qualifications if the woman's life is endangered. It may be argued that an abortion to save the mother's life could be classified as a justifying circumstance (duress
Duress
In jurisprudence, duress or coercion refers to a situation whereby a person performs an act as a result of violence, threat or other pressure against the person. Black's Law Dictionary defines duress as "any unlawful threat or coercion used... to induce another to act [or not act] in a manner...
as opposed to self-defense
Self-defense (theory)
The right of self-defense is the right for civilians acting on their own behalf to engage in violence for the sake of defending one's own life or the lives of others, including the use of deadly force.- Theory :The...
) that would bar criminal prosecution under the Revised Penal Code. However, this has yet to be adjudicated by the Philippine Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
.
Proposals to liberalize Philippine abortion laws have been opposed by the Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
, and its opposition has considerable influence in the predominantly Catholic country. However, the constitutionality of abortion restrictions has yet to be challenged before the Philippine Supreme Court
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
.
The present Constitution of the Philippines
Constitution of the Philippines
The Constitution of the Philippines is the supreme law of the Philippines.The Constitution currently in effect was enacted in 1987, during the administration of President Corazon Aquino, and is popularly known as the "1987 Constitution"...
, enacted in 1987, pronounces as among the policies of the State that "[The State] shall equally protect the life of the mother and the life of the unborn from conception." (sec. 12, Art. II) The provision was crafted by the Constitutional Commission which drafted the charter with the intention of providing for constitutional protection of the abortion ban, although the enactment of a more definitive provision sanctioning the ban was not successful. It is also notable that the provision is enumerated as among several state policies, which are generally regarded in law as unenforceable in the absence of implementing legislation. The 1987 RP Constitution also contains several other provisions enumerating various state policies including, e.g., the affirmation of labor "as a primary social economic force" (Section 14, Article II); the equal protection of "the life of the mother and the life of the unborn from conception" (Section 12, Article II); the "Filipino family as the foundation of the nation" (Article XV, Section 1); the recognition of Filipino
Filipino language
This move has drawn much criticism from other regional groups.In 1987, a new constitution introduced many provisions for the language.Article XIV, Section 6, omits any mention of Tagalog as the basis for Filipino, and states that:...
as "the national language of the Philippines" (Section 6, Article XVI, and even a requirement that "all educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors." (Section 19.1, Article XIV) Whether these provisions may, by themselves, be the source of enforceable rights without implementing legislation has been the subject of considerable debate in the legal sphere and within the Supreme Court. The Court, for example, has ruled that a provision requiring that the State "guarantee equal access to opportunities to public service" could not be enforced without implementing legislation, and thus could not bar the disallowance of so-called "nuisance candidates" in presidential elections. However, in another case the Court held that a provision requiring that the State "protect and advance the right of the people to a balanced and healthful ecology" did not require implementing legislation to become the source of operative rights. Any legal challenge to abortion restrictions in the Philippines would necessarily have to evaluate the legal force given to Section 12, Article II of the Constitution.
Abortion practices in the Philippines
One study estimated that, despite legal restrictions, in 1994 there were 400,000 abortionAbortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
s performed illegally in the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
and 80,000 hospitalizations of women for abortion-related complications. 12% of all maternal deaths in 1994 were due to unsafe abortion
Unsafe abortion
An unsafe abortion is the termination of an unwanted pregnancy by persons lacking the necessary skills, or in an environment lacking minimal medical standards, or both...
according to the Department of Health
Department of Health (Philippines)
The Philippines’ Department of Health is the principal health agency in the Philippines. It is the executive department of the Philippine Government responsible for ensuring access to basic public health services to all Filipinos through the provision of quality health care and the regulation of...
of the Philippines. Two-thirds of Filipino women who have abortions attempt to self-induce
Self-induced abortion
A self-induced abortion is an abortion performed by the pregnant woman herself outside the recognized medical system. Although the term can include abortions induced through legal, over-the-counter medication, it also refers to efforts to terminate a pregnancy through alternative, often more...
or seek solutions from those who practice folk medicine
Folk medicine
-Description:Refers to healing practices and ideas of body physiology and health preservation known to a limited segment of the population in a culture, transmitted informally as general knowledge, and practiced or applied by anyone in the culture having prior experience.All cultures and societies...
.
The Department of Health has created a program to address the complications of unsafe abortion, Prevention and Management of Abortion and its Complications. This program had been tested in 17 government-run hospitals by 2003.