Regulate The Sale, Dispensation, and/or Distribution of Contraceptive Drugs and Devices "on
June 18, 1966, prescribing rules on contraceptive drugs and devices which prevent
fertilization,138 to the promotion of male vasectomy and tubal ligation,139 and the ratification
of numerous international agreements, the country has long recognized the need to promote
population control through the use of contraceptives in order to achieve long-term economic
development. Through the years, however, the use of contraceptives and other family
planning methods evolved from being a component of demographic management, to one
centered on the promotion of public health, particularly, reproductive health.140
This has resulted in the enactment of various measures promoting women's rights and health
and the overall promotion of the family's well-being. Thus, aside from R.A. No. 4729, R.A. No.
6365 or "The Population Act of the Philippines" and R.A. No. 9710, otherwise known as the
"The Magna Carta of Women" were legislated. Notwithstanding this paradigm shift, the
Philippine national population program has always been grounded two cornerstone
principles: "principle of no-abortion" and the "principle of non-coercion."141 As will be
discussed later, these principles are not merely grounded on administrative policy, but
rather, originates from the constitutional protection expressly provided to afford protection
to life and guarantee religious freedom.
When Life Begins*
Majority of the Members of the Court are of the position that the question of when life
begins is a scientific and medical issue that should not be decided, at this stage, without
proper hearing and evidence. During the deliberation, however, it was agreed upon that the
individual members of the Court could express their own views on this matter.
In this regard, the ponente, is of the strong view that life begins at fertilization.
In answering the question of when life begins, focus should be made on the particular phrase
of Section 12 which reads:
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 natural and primary right and duty of
parents in the rearing of the youth for civic efficiency and the development of moral
character shall receive the support of the Government.
Textually, the Constitution affords protection to the unborn from conception. This is
undisputable because before conception, there is no unborn to speak of. For said reason, it is
no surprise that the Constitution is mute as to any proscription prior to conception or when
life begins. The problem has arisen because, amazingly, there are quarters who have
conveniently disregarded the scientific fact that conception is reckoned from fertilization.
They are waving the view that life begins at implantation. Hence, the issue of when life
begins.
In a nutshell, those opposing the RH Law contend that conception is synonymous with
"fertilization" of the female ovum by the male sperm.142 On the other side of the spectrum
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents