also criminal act in the country as stated in Article 256-259 of the Revised Penal Code, which in turn
73
draws its continuation from the 1987 Philippine Constitution. Under the law, persons liable for the
crime of abortion are the woman and those who have aided her in the act, be it medical
professionals or other persons.
RH Law advocates have responded to this mainly in two ways: first, to deny that the law promotes
abortion. The RH law is clear that it does not do so, and measures are in place, such as the FDA
regulation of contraceptive medicines, will ensure that the law will not be used to justify access
abortifacients. Related to this, provision of emergency support and post-abortive care to women is
not to condone abortion but to save a life. This is in line with the ethics of the medical profession,
the State principle of valuing lives, as well as human rights convention regarding life, health and
non-discrimination.
The second response, particularly of women’s groups, is to call for the decriminalization of abortion,
whether in certain situations or totally. Situations where legalizing abortion is proposed are in cases
of rape and incest, where the pregnancy endangers the health and life of the woman, where there is
serious “fetal infirmity incompatible with life outside the uterus”, and if the pregnancy has not yet
74
reached 14 weeks of gestation. However, other advocates would argue that the better option in
view of upholding women’s human right to control their own bodies, their right to life and health, to
non-discrimination and freedom from cruel, inhuman and degrading treatment is to decriminalize
75
abortion entirely.
There are high estimates on abortion in the Philippines, with 70 women having abortions every
hour, yet because it is illegal many resort to unsafe abortion procedures. As a result, three women
die everyday due to complications, while 11 women are hospitalized every hour due to the same
76
reason. In the CHR report on its National Inquiry on Reproductive Health, it was mentioned that
there are still cases of hospitals refusing to provide post-abortion care to women; this is a violation
of the RH Law.
Women’s mortality rates and health complications are the most visible issues in abortion; underlying
these is the restrictve policy and social environment that continues to restrict women’s enjoyment
of sexual and reproductive rights.
The recommendations of the CEDAW Committee to the Philippines in reference to the findings of
its inquiry concerning the Philippines under article 8 of the CEDAW Optional Protocol included
those related to abortion. Specifically it called on the government to decriminalize abortion, and
73
Article 2, Section 12
Padilla, C.R. (2015, 13 September) “The reality of abortion in the Philippines.” Rappler. Retrieved from
https://www.rappler.com/move-ph/ispeak/105680-reality-abortion-philippines.
75
Philippine Safe Abortion Advocacy Network website (http://pinsan.ph)
76
Orejas, T. (2017, 26 July). “Duterte told: Therapeutic abortion allowed to save women’s lives.” Philippine Daily
Inquirer. Retrieved from
http://newsinfo.inquirer.net/917566/duterte-told-therapeutic-abortion-allowed-to-save-womens-lives.
74
25
RH Situationer: Phlippines (November 2017)
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents