[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. Paguia1. 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?
Tags: reproductive health bill
[quote]1. Ano ba talaga ang pangunahing layunin ng HB 5043? Di ba population control o ang mas bagong terminong population management? Itinataguyod ng may-akda na ang problema ng kahirapan ng bansang Pilipnas ay nag-uugat sa over-population kaya ang solusyon ay population control, samantalang ang bansa ay number one sa corruption. Ang mahirap sa mga pinunong bayan at opisyal ng gobyerno natin tayong mga mahihirap ang sinisisi sa problemang kanilang nilikha. Sila naman ang may kagagawan ng corruption sa bansa natin tapos ngayon sasabihin ang ang ugat ng kahirapan ay ang maraming mamamayan.
di ba lohikal lang na kung ano ang problema o ugat ng problema ang siyang dapat tugunan o lapatan ng lunas? Kung corruption, kapabayaan at kapalpakan ng pamahalaan ang pinagmumulan ng kahirapan, lohikal lang na iyun ang lutasin. Ang masaklap sa HB 5043, tayong mga mamamayan ang sinisisi.[/quote]
Poverty is a complex, multi-faceted issue and can be approached in many ways. But I bet nowhere in the minds of the authors of the bill that overpopulation is THE ONLY root and cause of poverty. Overpopulation is just one of the many aspect of poverty, and so is corruption. It is not directly related to overpopulation, hence should be addressed in other ways and (can)not be used as an argument against the RH bill.
[quote]2. sinasabi ninyo at binabanggit sa Constitution na natural and primary right ang pagmamagulang at pagtatayo ng pamilya, at tungkulin ng Estado na pangalagaan at ipagtanggol ito. bakit ngayon pinakikialaman ng HB 5043 ang ideal na bilang ng anak, mandatory sex education, pamamaraan ng pagkokontrol ng panganganak at may kaparusahan pa ang di-umayon?[/quote]
Nowhere in the bill that allows the State to dicate how many children do any couples want to have (see Sec. 16 of the RH bill). Also, nowhere in the bill that says that the State shall compel anyone to use contraception. The police will not barge into any couple’s room to require them to use condom if they have already many kids. The bill seeks to educate the people on the health aspect of reproduction and to make available all related information, services, methods, devices to THOSE WHO THINK THEY NEED IT.
[quote]Ang pagbubuntis ba ay isang negatibong pangyayari sa buhay ng babae? o ang pagiging ama ng lalaki ay negatibong pangyayari? Kung iresponsable siguro, negatibong pangyayari, pero sa isang responsableng lalaki o babae, positibo ito. Kung magkagayon, ang pagiging safe sex ay para sa mga iresponsable. Ang paggamit ba ang contraceptive o safe sex ay magiging responsable ang isang lalaki o babae? Ang usapin ay ang iresponsabilidad, samantalang ang solusyon ay contraceptives. parang malayo yata ang dalawa. (slippery slope?)[/quote]
Pregnancy can be a negative event in one’s life (but importantly to the child being conceived) if he/she cannot give the child a decent future based on his/her capabilities now. If you are a minimum wage earner and you already have 6 or more children, do you think you still would want to have another baby? If yes, don’t you think that the additional baby will give you more financial worries in the future?
The issue of a person’s responsibility, or lack thereof, stems back to his upbringing from childhood, the values he adopted from his family, school, religion, etc. A law that will educate the people about their reproductive health and WILL MAKE THEM DECIDE THEMSELVES what to do with theirs has nothing to do with a person’s responsibleness.
oops! I forgot that quote tags doesn’t work
It has gotten higher — the likelihood for the passing of the R/H bill. Reason — foreign ministries (in particular the conservative ministries and churches from USA) are reducing their involvement in the conservative agenda items in the Philippines. And the reason for this — the financial crisis. Many US ministries have dropped support for international missions while strengthening their domestic ministries (in particular, hiring more marriage counselors).
“The moment that household finances become unbearable, the marriage is the next thing to break,” a New Life Anointed Minister said.
Many congregations are sponsoring financial workshops and economic summits.
DJB,
sorry to say that abortion in the US is linked to Black Genocide.
“In America today, almost as many African-American children are aborted as are born.
A black baby is three times more likely to be murdered in the womb than a white baby.
Since 1973, abortion has reduced the black population by over 25 percent.
Twice as many African-Americans have died from abortion than have died from AIDS, accidents, violent crimes, cancer, and heart disease combined.
Every three days, more African-Americans are killed by abortion than have been killed by the Ku Klux Klan in its entire history.
Planned Parenthood operates the nation’s largest chain of abortion clinics and almost 80 percent of its facilities are located in minority neighborhoods.
About 13 percent of American women are black, but they submit to over 35 percent of the abortions.
Black people have traditionally been strong Christians, but they have been duped by the Democrat party who promised to take care of them – but the compromise was their support of abortion. ”
Change we can believe in?
For RH bill,
Hunger, poverty, injustice,unemployment and environmental destruction are the symptoms: OVERPOPULATION IS THE Disease.
RH Bill is not enough. The process of the solution of overpopulation goes hand in hand with the solutions of all the other problems.
Overpopulation is therefore a characteristic of a failed system and inefficiency of governance.
We must fight for our DEMOCRACY. Investigative blogging like an Expose’ with emphasis at local level may help. What’s you barangay kapitan and mayor doing with your town’s overpopulation? What about the local people’s livelihood, what about poverty, and environmental issue? what have they done?
UPn student,
Perhaps too, less and less people are buying into the RCC’s argument that contraception is tantamount to abortion. It’s simply common sense that when let us say people put fire prevention measures in their house, that they are not encouraging their kids to play with matches. The JIL and INC’s support for the bill were motivated by genuinely altruistic reasons to help poor families achieve a practical responsible parenthood, as well as a crafty political move against their long time rivals in the CBCP, who admittedly have nicer costumes and funnier hats.
Leytenian, is that what you mean by Obama is “whiter than white? (I’m still hoping for a better explanation of what you actually meant on that other thread. Now of course as you know, Roe v. Wade was decided by the US Supreme Court long before Obama could even read. But what exactly does abortion have to do with the RH Bill, which explicitly upholds the legal ban on it? I suppose like Palin you are saying he is paling around with abortionists, even if he, like I, detests abortion but are also pro-choice. I think abortion should be decriminalized even as we take every measure to prevent them. Statistics show that abortion in the US is at record low levels. Our rates per capita are 3-4 times higher than in the US (we have 800,000, they have about a million, but look at the population difference. Why? Are we more inclined to “murder”?
The best way to prevent abortions is to prevent unwanted pregnancy, which can be done in many ways, including abstinence AND contraception. But every child born should be wanted, loved and properly cared for. Of course the life of the unborn should be protected, but there also happens to be life AFTER birth which ought to last much longer than nine months.
BTW, of the 500,000 to 800,000 abortions annually in the Philippines, how many prosecutions for prison correcional (6 years max in jail) do you think have been undertaken and why?
The answer is NIL, nad, natch. Why? because there appears to be no deterrent effect whatsoever. We need a better solution. I think it lies in the old adage:
“An ounce of prevention is better than a pound of cure.”
“An ounce of prevention is better than a pound of cure.”
Agree.
My concern on the RH bill are the system of implementation, budgets and follow ups. It is a good program although I don’t fully support it unless other programs are also being introduced to supplement the Bill to work. A good supplement is to keep our people busy working such as new employment and local livelihoods. Our political team leaders must teach these people how to fish instead of telling them , here’s the fish- don’t do it, don’t get pregnant.
Overpopulation will connect to Agrarian Reform Bill, Mindanao Peace Process, and promoting small business (entrepreneurship program at local GU) and many others.
We have so many Bills and New Policies pass by Congress . All are good but the progress to experience positive results have been hindered by the lack of system management and inefficiency of implementation. Or the lack of concept and CULTURE. ( Benigno’s slide on young, dumb and fulla cum).
Here are a few questions that are a bit off the topic, but related nonetheless for those who consider an embryo to be a person. Why is a person’s date of birth recorded at the time that (s)he is born, i.e. enters the world as a live infant, instead of at the time of conception? Do you celebrate your birthday on the date that you left the uterus as a baby or on the date that you became a fertilized egg?
An embryo or fetus is no more a person than an acorn is a tree. Both these “seedlings” have the potential to become something greater, but in and of themselves, they are not fully developed beings.
Another question for those who consider an embryo as a human being: if an embryo is a human being, then if a woman has a miscarriage, is she guilty of involuntary manslaughter? After all, the event is also referred to as “spontaneous abortion”.
First, thank you DJB for your comment on an article I wrote in my blog. That was the one which lead me to this debate.
But in as much as I’d like to present my arguments point by point, I’m too sick right now, to do that. It’s more of a feature article which I’ve simply copied from my blog (www.diamond-makesense.blogspot.com)
On Reproductive Health Bill
It was the 25th of Dec, 2006, when a newly delivered infant showed up in the front door of the emergency room where I was working.
Like that of the original one, this baby was delivered in a non-traditional place because no hospital would accept them. But that’s the only similarity.
Unlike it, that birth was in broad daylight. There was the sun shining in all its glory. No northstar nearby. (but I’m pretty sure, it’s there, just that, it was overshadowed by the nearer sun)
This one was in no Bethlehem, but a birth inside a taxicab! The good thing though is that, it was in a Toyota Avanza. More space was allocated to the family (the parents and two of their kids) to have this moment at the back of the car.
Having played a role (with me as one of the 3 kings… or queen, and the other staff as sheperds) in what appeared to be a re-enactment of the birth of our Lord in the 21st century should have felt as a privilege.
But during this time, it’s more of a stress or a distress.
Not because this wasn’t Jesus himself (nor because t’was just an ordinary infant). But for the reason that this was born not of a virgin! Oh NO! ( And YES, that’s the reason! )
Rather, It was from a woman who had previously delivered to 8 term babies, with this birth, as her 9th! At the age of 32!
But this scenario is not unusual. In fact, if we’ll consider birth in a non-traditional place and the denial of admission as criteria to label such occurrence as Christmas, then, in the Philippines, everyday is one.
Having so many children is actually not the issue. But the fact that a family with entirely no means to support even a small one could afford to have a bigger one. Describing this family, physically is upsetting, thus it suffices to say, that they obviously lives in penury.
In a not so progressive country like the Philippines, population growth becomes both the effect and contributor (if not entirely the cause) of poverty. In a world, wherein money becomes the tool of trade, living in scarcity strips man of a lot of opportunities. Without education, he fails to realize why planning the size of the family is important (and how he could carry out such) aside from, per se, not having a decent job. The rarity of work prospects (if not the total lack of it) then gives him generous amount of time, ironically, to spend in nothingness. That, (plus the smallness of the living area not to mention the paucity of a blanket) literally, makes him yield to his instinct. To procreate, that is. In the end, the numerous mouths to feed coupled with the lack of resources leads to a vicious cycle of poverty. Not to mention, irresponsibility.
It is clear then, that though, overpopulation may not be the original cause of our destitution, it largely contributes to it. Thus it follows, that managing the size of a family, cuts its financial needs, in the end reducing the impact of poverty in our society.
Thus it is not surprising why some of our fellowmen and legislators alike advocate the use of artificial means of family planning (like the use of OCPs, condoms, etc which are given for free). In fact, they are now studying and trying to pass a bill about reproductive health which promotes the distribution of such artificial tools of reproduction. The natural method is besides, (and ironically) more complex and less successful than its artificial equivalents. For somebody who hasn’t been properly schooled, moreso, in dire need of money, spending some 14 days (or more) of a month would be translated to a waste of time rather than an assistance, in which they are less than willing (or not at all) to participate in.
However, one of the hurdles of the use of these artificial means is the institution that advocates life itself, the church. I am catholic myself, and in total support of its dogmas and teaching. However, in this issue, I am not an ally.
Working as a healthcare personnel (I’m a doctor, by the way) enabled me to deal with the richest and sadly, the poorest of the poor (but in our country, more of the latter.) There are countless occasions and demonstrations of how instructions about well being (that would include family planning and, yes, life’s lessons) would always seem futile. Every year, you would get to meet the same pregnant women, in the same living condition (if not worse). That, teaching them the use of OCPs, and condoms, would appear as a desperate alternative, and a much easier solution to the problem. Besides, it’s understandable that their quest for food should come first than worrying when their next ovulation will be. A hungry mind wouldn’t care about anything but bread, anyway.
Finally, yes, as believers of Christ, we are taught to support life, advocate procreation. But then again, like many of what’s written in the Bible, this shouldn’t be interpreted literally as to mean existence. It is not just being physically present, nor just have the chance to experience life’s difficulties, only because we lack the means to feel its pleasures because we are poor. But it should be life with quality, with worth, with value. Though money is not the only mean to reach this, we have to accept that it is an invaluable tool in achieving this end.
And also, preventing conception is different from abortion because, in the latter, one kills life that is already created.
For a conservative Catholic like myself, I feel guilty to think that I support something that is totally opposed by my faith. It is understandable though, that the church would always uphold what’s most right and ideal. I don’t know if such is considered a sin, but I’d rather commit one than stand to see more lives left unnurtured.
As to what happened to the family above, they were sent home, without shedding a penny. Besides, as much as we’d hoped to, there isn’t anything to give anyway. Well, it’s Christmas, and the free service (which came with a free reprimand by the way), is anything but less than enough gift for a newborn we named Emmanuel.
Come now DJB, you know the real reason for the drop in US abortion cases: the prolife movement, the Bush administration, more legal restrictions on abortion, and medicated abortion. There is no proof that this can be attributed to contraceptive usage. There were lots of contraceptives too when the numbers hot up when abortion was legalized.
Now when Obama — the most radically pro-abortion President ever — sits as President, Iwonder if we will see a rise in abortions when he strikes down all the current restrictions on abortion witht eh so-called “Freedom of Choice Act” (FOCA).
Get real DJB. Contraceptives don’t lessen the incidence of abortion. And not even all your prejudiced howling will change that.
the drop in US abortion cases may be attributed to gov’t. support for unwed single parents in terms of monthly financial packages for the child… these are mostly latina women who prefer to have children by unknown fathers…with that kind of gov’t. support why worry about abortion? the problem is really economic..not-religious nor political…
…going back to the very beginning, atty. pagia(who i respect..btw..for his ‘constitutional time-clock theory) looks at the entire process of procreation including even the prelude to sex as the ‘alpha’ and birth as the ‘omega’…omg, is he joking or wah? and illogically concludes the proposed law as unconstitutional…he’s worse than the ‘inquisition’, as we all know, even the RCC is in favor of ‘the charge of the light brigade’!
Just want to post a new development: A position paper against HB 5043 (”Catholic Alumni United for Life”) has been released. It’s purpose is to speak out against HB 5043 and counter the confusion and falsehoods generated by the earlier position paper released by the 14 Ateneo professors in support of HB 5043.
The paper can be found at:
http://www.phnix.net/Position_Paper_Against_HB_5043.pdf
@ Manny
interesting article… so maybe a nice middle ground can be reached here. not all contraceptives are abortifacient (defined as destroying an fertilized egg)… ex: condoms…
bottomline is…
people are the greatest economic wealth of a nation – if properly educated and trained to be productive citizens…
is it logical to follow the trend of the developed countries who now have birth dearth?
ang rule ng contraception ubusan lahi… kaya nga me coercion na isapatupad ang ganitong panukala ng mga bansang mayayaman kasi takot sila na dumami tayo at sakupin natin ang mga bansa nila through immigration…
i still maintain that corruption, not overpopulation, is the main problem of our country.
The RH BIll is mainly about the sexual and reproductive rights of WOMEN. These are OUR bodies, OUR LIVES. Why do you have to tell us what to do?
It’s really SIMPLE. For chauvinist pigs out there, give us a break.
To the fanatics of the Roman Catholic Church, STOP the hypocrisy. We all know that you are trying to stop this bill to maintain your CONTROL over the ignorant population.
It is TIME for EDUCATION and EMPOWERMENT. It is time for CHANGE. It is TIME for the RH bill to be passed.
Welcome to Filipino Voices Florence.
Regarding “reproductive rights of women” don’t you think that the men have about as much to learn about the birds and the bees as the women, consider that it does take two to make a baby…
Hi DJB,
I agree. MEN should be informed and involved. However, reproduction rights are not only about making babies…it the RIGHT TO CHOOSE what is good and bad for OUR (women) BODIES. The right to use contraception, the right to be informed of our options, etc. Reproductive Right is a basic HUMAN RIGHT that must be given to women in full, not half-baked, no BS.
@Florence
some methods of birth control may induce the destruction of the fertilized egg. Do you think as compromise, we can ban these types of birth control, and allow others?
If you insist on all forms of birthcontrol, then what about the rights of the unborn? These literally cannot fight or speak for themselves.
right should emanate from the status of being a person. though the civil code has some provisions on the ‘unborn’ within a certain gestation period ‘in utero’ in order to validate and make effective some form of donation, gift, or, inheritance within the realm of ’succession’. those rights however devolve to the parents to legally possess them in case the child does not survive or acquire legal personality.
In this time of In Vitro Fertilizations and Clonings.
Procreation does not begin during the sexual act. How about Cloning ? You can Clone animals, and even Human Beings. It depends on your views. If you go to the religious view. Procreation begins during sexual act. If you go to the Technical and Scientific view. No, it is not. So, this is a debatable and relative term.
Do not impose your religious beliefs and views
on other people. Respect their beliefs and views
also. Remember, they are people also. Not subject
to the “Devil’s” works. If you believe in the Devil. We respect your belief.
“Any form of birth control or family planning is sin.”
tell that to all the starving kids who were born in poverty and to unfit parents. unless the church and the vatican will feed all the starving kids living in poverty, i will always maintain that humans have the right to choose when and just how many kids they can MANAGE to bring up and support.
i am catholic, and im sick of hearing the church talk about the population not being a problem especially in a third world country like the philippines.
a very nice documentary from BBC on the family planning situation:
http://www.youtube.com/watch?v=nIYVqkedZ8A&feature=related
Responsible parenthood and respect for life is the best option.
The problem of “overpopulation” as the cause of poverty is compounded by the fact that our country is plagued with corruption.
It is not the people who are the problem. Isn’t it that we depend on our people to survive? Think about all the OFWs who remit money back home.
There is no solution to poverty but there is a way to handle it. The poor will always be with us Christ said, but if all of us in our own little ways will look beyond our personal needs to meet the needs of the poor, then there lies the answer – caring for our neighbors and this means respect for life – the unborn included.