begins, it finds that the RH Law itself clearly mandates that protection be afforded from the
moment of fertilization. As pointed out by Justice Carpio, the RH Law is replete with
provisions that embody the policy of the law to protect to the fertilized ovum and that it
should be afforded safe travel to the uterus for implantation.170
Moreover, the RH Law recognizes that abortion is a crime under Article 256 of the Revised
Penal Code, which penalizes the destruction or expulsion of the fertilized ovum. Thus:
1] xx x.
Section 4. Definition of Terms. - For the purpose of this Act, the following terms shall be
defined as follows:
xxx.
(q) Reproductive health care refers to the access to a full range of methods, facilities, services
and supplies that contribute to reproductive health and well-being by addressing
reproductive health-related problems. It also includes sexual health, the purpose of which is
the enhancement of life and personal relations. The elements of reproductive health care
include the following:
xxx.
(3) Proscription of abortion and management of abortion complications;
xxx.
2] xx x.
Section 4. x x x.
(s) Reproductive health rights refers to the rights of individuals and couples, to decide freely
and responsibly whether or not to have children; the number, spacing and timing of their
children; to make other decisions concerning reproduction, free of discrimination, coercion
and violence; to have the information and means to do so; and to attain the highest standard
of sexual health and reproductive health: Provided, however, That reproductive health rights
do not include abortion, and access to abortifacients.
3] xx x.
SEC. 29. Repealing Clause. - Except for prevailing laws against abortion, any law, presidential
decree or issuance, executive order, letter of instruction, administrative order, rule or
regulation contrary to or is inconsistent with the provisions of this Act including Republic Act
No. 7392, otherwise known as the Midwifery Act, is hereby repealed, modified or amended
accordingly.
The RH Law and Abortifacients
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