burdened with ageing populations. The number of their young workers is dwindling with
adverse effects on their economy. These young workers represent a significant human capital
which could have helped them invigorate, innovate and fuel their economy. These countries
are now trying to reverse their programs, but they are still struggling. For one, Singapore,
even with incentives, is failing.
And in this country, the economy is being propped up by remittances from our Overseas
Filipino Workers. This is because we have an ample supply of young able-bodied workers.
What would happen if the country would be weighed down by an ageing population and the
fewer younger generation would not be able to support them? This would be the situation
when our total fertility rate would go down below the replacement level of two (2) children
per woman.280
Indeed, at the present, the country has a population problem, but the State should not use
coercive measures (like the penal provisions of the RH Law against conscientious objectors)
to solve it. Nonetheless, the policy of the Court is non-interference in the wisdom of a law.
x x x. But this Court cannot go beyond what the legislature has laid down. Its duty is to say
what the law is as enacted by the lawmaking body. That is not the same as saying what the
law should be or what is the correct rule in a given set of circumstances. It is not the province
of the judiciary to look into the wisdom of the law nor to question the policies adopted by the
legislative branch. Nor is it the business of this Tribunal to remedy every unjust situation that
may arise from the application of a particular law. It is for the legislature to enact remedial
legislation if that would be necessary in the premises. But as always, with apt judicial caution
and cold neutrality, the Court must carry out the delicate function of interpreting the law,
guided by the Constitution and existing legislation and mindful of settled jurisprudence. The
Court's function is therefore limited, and accordingly, must confine itself to the judicial task
of saying what the law is, as enacted by the lawmaking body.281
Be that as it may, it bears reiterating that the RH Law is a mere compilation and
enhancement of the prior existing contraceptive and reproductive health laws, but with
coercive measures. Even if the Court decrees the RH Law as entirely unconstitutional, there
will still be the Population Act (R.A. No. 6365), the Contraceptive Act (R.A. No. 4729) and the
reproductive health for women or The Magna Carta of Women (R.A. No. 9710), sans the
coercive provisions of the assailed legislation. All the same, the principle of "no-abortion" and
"non-coercion" in the adoption of any family planning method should be maintained.
WHEREFORE, the petitions are PARTIALLY GRANTED. Accordingly, the Court declares R.A. No.
10354 as NOT UNCONSTITUTIONAL except with respect to the following provisions which are
declared UNCONSTITUTIONAL:
1) Section 7 and the corresponding provision in the RH-IRR insofar as they: a) require
private health facilities and non-maternity specialty hospitals and hospitals owned
and operated by a religious group to refer patients, not in an emergency or lifethreatening case, as defined under Republic Act No. 8344, to another health facility
which is conveniently accessible; and b) allow minor-parents or minors who have
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