9 Proposed recommendation: For Congress to repeal arts. 256-259 of the RPC to legalize abortion in cases of rape, incest, and threats to the life and physical or mental health of the pregnant woman, decriminalize abortion voluntarily sought by women and girls in all other cases, and adopt necessary rules and guidelines to guarantee effective access to legal abortion. Since 2016, the state party’s efforts in reforming the RPC were limited to proposed or actual increases in penalties imposed upon individuals involved in causing, performing or undergoing an abortion. A bill seeking to amend the RPC was filed in October 2016 before the Senate and proposed the imposition of a fine in addition to imprisonment for any provider found guilty of performing abortion,87 women consenting to an abortion or her parents, and any other individual acting as an accessory. 88 The bill also proposed to include a new provision that explicitly penalizes any attempt to commit an abortion.89 In 2017, a law was enacted increasing the fine a hundredfold for pharmacists who dispense abortifacients without prescription—from a fine not exceeding 1,000 Philippine pesos (Php) (approximately USD 20) under the RPC 90 to a fine not exceeding 100,000 (approximately USD 2000).91 Since 2016, the state party also failed to take steps to “legalize abortion in cases of rape, incest, threats to the life and/or health of the mother, or serious malformation of the foetus” as recommended by the Committee92 or act upon an earlier recommendation of the Philippine Commission on Women (PCW) “to [have]…exceptions to the general prohibition on abortion” 93 and that “justified abortion in circumstances where ‘continuation of pregnancy endangers the life of the pregnant woman or seriously impairs her physical health’ should…be considered.”94 In 2016, the state party was called upon by the PCHR to “review the provisions on abortion, taking into consideration…how the continuing criminalization of abortion affects provision of post abortion care.” 95 Proposed recommendations: Remove the constitutional state policy on the “equal protection of the life of mother and life of the unborn from conception” to avoid restrictive interpretations on women’s and girls’ access to abortion even in cases of pregnancies endangering the lives and physical or mental health of pregnant women or girls. Recognizing women’s and girls’ right to access abortion and ensuring their access to such services, fulfill the obligations of the state party, particularly courts, to respect and prioritize women’s and girls’ fundamental rights to life, health, equality and nondiscrimination, dignity, and freedom from torture and ill-treatment guaranteed under the Constitution and international law. As mentioned above, the Constitution contains a policy to “equally protect the life of the mother and the life of the unborn from conception.”96 While the Constitution does not expressly prohibit access to abortion and may be interpreted to allow abortion in certain circumstances, including at a minimum when the life or physical and mental health of a woman or girl is at risk, the Supreme Court narrowly described the said policy in a recent case as a “constitutional policy prohibiting abortion.”97 The Court’s interpretation and its emphasis on the “principle of no abortion” which