Interestingly, on April 24, 2013, Scotland's Inner House of the Court of Session, found in the
case of Doogan and Wood v. NHS Greater Glasgow and Clyde Health Board,225 that the
midwives claiming to be conscientious objectors under the provisions of Scotland's Abortion
Act of 1967, could not be required to delegate, supervise or support staff on their labor ward
who were involved in abortions.226 The Inner House stated "that if 'participation' were
defined according to whether the person was taking part 'directly' or ' indirectly' this would
actually mean more complexity and uncertainty."227
While the said case did not cover the act of referral, the applicable principle was the same they could not be forced to assist abortions if it would be against their conscience or will.
Institutional Health Providers
The same holds true with respect to non-maternity specialty hospitals and hospitals owned
and operated by a religious group and health care service providers. Considering that Section
24 of the RH Law penalizes such institutions should they fail or refuse to comply with their
duty to refer under Section 7 and Section 23(a)(3), the Court deems that it must be struck
down for being violative of the freedom of religion. The same applies to Section 23(a)(l) and
(a)(2) in relation to Section 24, considering that in the dissemination of information regarding
programs and services and in the performance of reproductive health procedures, the
religious freedom of health care service providers should be respected.
In the case of Islamic Da'wah Council of the Philippines, Inc. v. Office of the Executive
Secretary228 it was stressed:
Freedom of religion was accorded preferred status by the framers of our fundamental law.
And this Court has consistently affirmed this preferred status, well aware that it is "designed
to protect the broadest possible liberty of conscience, to allow each man to believe as his
conscience directs, to profess his beliefs, and to live as he believes he ought to live,
consistent with the liberty of others and with the common good."10
The Court is not oblivious to the view that penalties provided by law endeavour to ensure
compliance. Without set consequences for either an active violation or mere inaction, a law
tends to be toothless and ineffectual. Nonetheless, when what is bartered for an effective
implementation of a law is a constitutionally-protected right the Court firmly chooses to
stamp its disapproval. The punishment of a healthcare service provider, who fails and/or
refuses to refer a patient to another, or who declines to perform reproductive health
procedure on a patient because incompatible religious beliefs, is a clear inhibition of a
constitutional guarantee which the Court cannot allow.
The Implementing Rules and Regulation (RH-IRR)
The last paragraph of Section 5.24 of the RH-IRR reads:
Provided, That skilled health professional such as provincial, city or municipal health officers,
chiefs of hospital, 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.
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