This is discriminatory and violative of the equal protection clause. The conscientious
objection clause should be equally protective of the religious belief of public health officers.
There is no perceptible distinction why they should not be considered exempt from the
mandates of the law. The protection accorded to other conscientious objectors should
equally apply to all medical practitioners without distinction whether they belong to the
public or private sector. After all, the freedom to believe is intrinsic in every individual and
the protective robe that guarantees its free exercise is not taken off even if one acquires
employment in the government.
It should be stressed that intellectual liberty occupies a place inferior to none in the hierarchy
of human values. The mind must be free to think what it wills, whether in the secular or
religious sphere, to give expression to its beliefs by oral discourse or through the media and,
thus, seek other candid views in occasions or gatherings or in more permanent aggrupation.
Embraced in such concept then are freedom of religion, freedom of speech, of the press,
assembly and petition, and freedom of association.229
The discriminatory provision is void not only because no such exception is stated in the RH
Law itself but also because it is violative of the equal protection clause in the Constitution.
Quoting respondent Lagman, if there is any conflict between the RH-IRR and the RH Law, the
law must prevail.
Justice Mendoza:
I'll go to another point. The RH law .. .in your Comment- in-Intervention on page 52, you
mentioned RH Law is replete with provisions in upholding the freedom of religion and
respecting religious convictions. Earlier, you affirmed this with qualifications. Now, you have
read, I presumed you have read the IRR-Implementing Rules and Regulations of the RH Bill?
Congressman Lagman:
Yes, Your Honor, I have read but I have to admit, it's a long IRR and I have not thoroughly
dissected the nuances of the provisions.
Justice Mendoza:
I will read to you one provision. It's Section 5.24. This I cannot find in the RH Law. But in the
IRR it says: " .... skilled health professionals such as provincial, city or municipal health
officers, chief of hospitals, head nurses, supervising midwives, among others, who by virtue
of their office are specifically charged with the duty to implement the provisions of the RPRH
Act and these Rules, cannot be considered as conscientious objectors." Do you agree with
this?
Congressman Lagman:
I will have to go over again the provisions, Your Honor.
Justice Mendoza:
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