same right they invoked to assail the constitutionality of the RH Law.200 In other words, by
seeking the declaration that the RH Law is unconstitutional, the petitioners are asking that
the Court recognize only the Catholic Church's sanctioned natural family planning methods
and impose this on the entire citizenry.201
With respect to the duty to refer, the respondents insist that the same does not violate the
constitutional guarantee of religious freedom, it being a carefully balanced compromise
between the interests of the religious objector, on one hand, who is allowed to keep silent
but is required to refer -and that of the citizen who needs access to information and who has
the right to expect that the health care professional in front of her will act professionally. For
the respondents, the concession given by the State under Section 7 and 23(a)(3) is sufficient
accommodation to the right to freely exercise one's religion without unnecessarily infringing
on the rights of others.202
Whatever burden is placed on the petitioner's religious freedom is minimal as the duty to
refer is limited in duration, location and impact.203
Regarding mandatory family planning seminars under Section 15 , the respondents claim that
it is a reasonable regulation providing an opportunity for would-be couples to have access to
information regarding parenthood, family planning, breastfeeding and infant nutrition. It is
argued that those who object to any information received on account of their attendance in
the required seminars are not compelled to accept information given to them. They are
completely free to reject any information they do not agree with and retain the freedom to
decide on matters of family life without intervention of the State.204
For their part, respondents De Venecia et al., dispute the notion that natural family planning
is the only method acceptable to Catholics and the Catholic hierarchy. Citing various studies
and surveys on the matter, they highlight the changing stand of the Catholic Church on
contraception throughout the years and note the general acceptance of the benefits of
contraceptives by its followers in planning their families.
The Church and The State
At the outset, it cannot be denied that we all live in a heterogeneous society. It is made up of
people of diverse ethnic, cultural and religious beliefs and backgrounds. History has shown us
that our government, in law and in practice, has allowed these various religious, cultural,
social and racial groups to thrive in a single society together. It has embraced minority groups
and is tolerant towards all - the religious people of different sects and the non-believers. The
undisputed fact is that our people generally believe in a deity, whatever they conceived Him
to be, and to whom they call for guidance and enlightenment in crafting our fundamental
law. Thus, the preamble of the present Constitution reads:
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just
and humane society, and establish a Government that shall embody our ideals and
aspirations, promote the common good, conserve and develop our patrimony, and secure to
ourselves and our posterity, the blessings of independence and democracy under the rule of
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