Mr. Gascon: Yes. So my point is that I do not think it is up to Congress to state whether or not
these certain contraceptives are abortifacient. Scientifically and based on the provision as it is
now proposed, they are already considered abortifacient.154
From the deliberations above-quoted, it is apparent that the Framers of the Constitution
emphasized that the State shall provide equal protection to both the mother and the unborn
child from the earliest opportunity of life, that is, upon fertilization or upon the union of the
male sperm and the female ovum. It is also apparent is that the Framers of the Constitution
intended that to prohibit Congress from enacting measures that would allow it determine
when life begins.
Equally apparent, however, is that the Framers of the Constitution did not intend to ban all
contraceptives for being unconstitutional. In fact, Commissioner Bernardo Villegas,
spearheading the need to have a constitutional provision on the right to life, recognized that
the determination of whether a contraceptive device is an abortifacient is a question of fact
which should be left to the courts to decide on based on established evidence.155
From the discussions above, contraceptives that kill or destroy the fertilized ovum should be
deemed an abortive and thus prohibited. Conversely, contraceptives that actually prevent
the union of the male sperm and the female ovum, and those that similarly take action prior
to fertilization should be deemed non-abortive, and thus, constitutionally permissible.
As emphasized by the Framers of the Constitution:
xxx
xxx
xxx
Mr. Gascon: xx xx. As I mentioned in my speech on the US bases, I am pro-life, to the point
that I would like not only to protect the life of the unborn, but also the lives of the millions of
people in the world by fighting for a nuclear-free world. I would just like to be assured of the
legal and pragmatic implications of the term "protection of the life of the unborn from the
moment of conception." I raised some of these implications this afternoon when I interjected
in the interpellation of Commissioner Regalado. I would like to ask that question again for a
categorical answer.
I mentioned that if we institutionalize the term "the life of the unborn from the moment of
conception" we are also actually saying "no," not "maybe," to certain contraceptives which
are already being encouraged at this point in time. Is that the sense of the committee or does
it disagree with me?
Mr. Azcuna: No, Mr. Presiding Officer, because contraceptives would be preventive. There is
no unborn yet. That is yet unshaped.
Mr. Gascon: Yes, Mr. Presiding Officer, but I was speaking more about some contraceptives,
such as the intra-uterine device which actually stops the egg which has already been fertilized
from taking route to the uterus. So if we say "from the moment of conception," what really
occurs is that some of these contraceptives will have to be unconstitutionalized.
Mr. Azcuna: Yes, to the extent that it is after the fertilization.
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