In carrying out its declared policy, the RH Law is consistent in prohibiting abortifacients. To be clear, Section 4(a) of the RH Law defines an abortifacient as: Section 4. Definition of Terms - x x x x (a) Abortifacient refers to any drug or device that induces abortion or the destruction of a fetus inside the mother's womb or the prevention of the fertilized ovum to reach and be implanted in the mother's womb upon determination of the FDA. As stated above, the RH Law mandates that protection must be afforded from the moment of fertilization. By using the word " or," the RH Law prohibits not only drugs or devices that prevent implantation, but also those that induce abortion and those that induce the destruction of a fetus inside the mother's womb. Thus, an abortifacient is any drug or device that either: (a) Induces abortion; or (b) Induces the destruction of a fetus inside the mother's womb; or (c) Prevents the fertilized ovum to reach and be implanted in the mother's womb, upon determination of the FDA. Contrary to the assertions made by the petitioners, the Court finds that the RH Law, consistent with the Constitution, recognizes that the fertilized ovum already has life and that the State has a bounden duty to protect it. The conclusion becomes clear because the RH Law, first, prohibits any drug or device that induces abortion (first kind), which, as discussed exhaustively above, refers to that which induces the killing or the destruction of the fertilized ovum, and, second, prohibits any drug or device the fertilized ovum to reach and be implanted in the mother's womb (third kind). By expressly declaring that any drug or device that prevents the fertilized ovum to reach and be implanted in the mother's womb is an abortifacient (third kind), the RH Law does not intend to mean at all that life only begins only at implantation, as Hon. Lagman suggests. It also does not declare either that protection will only be given upon implantation, as the petitioners likewise suggest. Rather, it recognizes that: one, there is a need to protect the fertilized ovum which already has life, and two, the fertilized ovum must be protected the moment it becomes existent - all the way until it reaches and implants in the mother's womb. After all, if life is only recognized and afforded protection from the moment the fertilized ovum implants - there is nothing to prevent any drug or device from killing or destroying the fertilized ovum prior to implantation. From the foregoing, the Court finds that inasmuch as it affords protection to the fertilized ovum, the RH Law does not sanction abortion. To repeat, it is the Court's position that life begins at fertilization, not at implantation. When a fertilized ovum is implanted in the uterine wall , its viability is sustained but that instance of implantation is not the point of beginning of life. It started earlier. And as defined by the RH Law, any drug or device that induces abortion, that is, which kills or destroys the fertilized ovum or prevents the fertilized ovum to reach and be implanted in the mother's womb, is an abortifacient.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents