As it opposes the initiation of life, which is a fundamental human good, the petitioners assert
that the State sanction of contraceptive use contravenes natural law and is an affront to the
dignity of man.132
Finally, it is contended that since Section 9 of the RH Law requires the Food and Drug
Administration (FDA) to certify that the product or supply is not to be used as an
abortifacient, the assailed legislation effectively confirms that abortifacients are not
prohibited. Also considering that the FDA is not the agency that will actually supervise or
administer the use of these products and supplies to prospective patients, there is no way it
can truthfully make a certification that it shall not be used for abortifacient purposes.133
Position of the Respondents
For their part, the defenders of the RH Law point out that the intent of the Framers of the
Constitution was simply the prohibition of abortion. They contend that the RH Law does not
violate the Constitution since the said law emphasizes that only "non-abortifacient"
reproductive health care services, methods, devices products and supplies shall be made
accessible to the public.134
According to the OSG, Congress has made a legislative determination that contraceptives are
not abortifacients by enacting the RH Law. As the RH Law was enacted with due
consideration to various studies and consultations with the World Health Organization (WHO)
and other experts in the medical field, it is asserted that the Court afford deference and
respect to such a determination and pass judgment only when a particular drug or device is
later on determined as an abortive.135
For his part, respondent Lagman argues that the constitutional protection of one's right to
life is not violated considering that various studies of the WHO show that life begins from the
implantation of the fertilized ovum. Consequently, he argues that the RH Law is constitutional
since the law specifically provides that only contraceptives that do not prevent the
implantation of the fertilized ovum are allowed.136
The Court's Position
It is a universally accepted principle that every human being enjoys the right to life.137
Even if not formally established, the right to life, being grounded on natural law, is inherent
and, therefore, not a creation of, or dependent upon a particular law, custom, or belief. It
precedes and transcends any authority or the laws of men.
In this jurisdiction, the right to life is given more than ample protection. Section 1, Article III
of the Constitution provides:
Section 1. No person shall be deprived of life, liberty, or property without due process of law,
nor shall any person be denied the equal protection of the laws.
As expounded earlier, the use of contraceptives and family planning methods in the
Philippines is not of recent vintage. From the enactment of R.A. No. 4729, entitled "An Act To
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents