[Update on January 25, 2009 by DJB:  The Comment Thread for this post is still open. Your thoughts and insights are warmly welcome! You may also email me at rizalist@gmail.com]

From Law Professor Atty. ALAN F. PAGUIA comes a legal opposition to the Reproductive Health Bill (HB 4503) being debated in Congress. Paguia argues from fundamental Constitutional principles.

Five Points on Reproductive Health Bill
by Atty. Alan F. Paguia

1. Under the Preamble of the Constitution, the general objective of the Philippine legal system is “to build a just and HUMANE SOCIETY”. Such humaneness includes both the born and the unborn. Therefore, it would not be humane for Congress to promote the use of contraceptives since it is directed against the life of the unborn.

2. The life of the unborn constitutes the process of PROCREATION. It has its alpha and omega.

3. Procreation begins with the SEXUAL ACT. It ends when the unborn is born. Under Article 41 of the Civil Code, the unborn is considered BORN if it is alive at the time it is completely delivered from the mother’s womb. Why is the sexual act the alpha of procreation? Because without it, generally speaking, NO sperm would enter the female body. If no sperm enters the female body, conception becomes a physical impossibility. Therefore, procreation or reproduction begins with the sexual act and ends with the complete separation of the unborn from the mother’s womb. It follows that any discussion on procreation or reproduction – to be complete – must include the sexual act.

4. Under the Constitution, the FAMILY is the foundation of the nation, and MARRIAGE is the foundation of the family. These are the foundations of responsible parenthood. Clearly, marriage LEGITIMIZES the sexual act between the husband and the wife (Art. XV). In other words, under the Constitution, any sexual act outside marriage is ILLEGITIMATE or IMMORAL.

5. May Congress properly pass a law that would make the life of the unborn a physical impossibility? NO. It would be unconstitutional as it would violate the “guidelines for legislation” set out in Article II of the Constitution (Oposa v. Factoran, 224 SCRA 792; Kilosbayan v. Morato, 246 SCRA 540; Tañada v. Angara, 272 SCRA 18).

Thoughts and caveats, anyone?

Fatal error: Call to undefined function p75HasVideo() in /homepages/39/d169067170/htdocs/voices/wp-content/themes/NewFV/single-default.php on line 57