matters. The decision whether or not to undergo the procedure belongs exclusively to, and
shared by, both spouses as one cohesive unit as they chart their own destiny. It is a
constitutionally guaranteed private right. Unless it prejudices the State, which has not shown
any compelling interest, the State should see to it that they chart their destiny together as
one family.
As highlighted by Justice Leonardo-De Castro, Section 19( c) of R.A. No. 9710, otherwise
known as the "Magna Carta for Women," provides that women shall have equal rights in all
matters relating to marriage and family relations, including the joint decision on the number
and spacing of their children. Indeed, responsible parenthood, as Section 3(v) of the RH Law
states, is a shared responsibility between parents. Section 23(a)(2)(i) of the RH Law should
not be allowed to betray the constitutional mandate to protect and strengthen the family by
giving to only one spouse the absolute authority to decide whether to undergo reproductive
health procedure.242
The right to chart their own destiny together falls within the protected zone of marital
privacy and such state intervention would encroach into the zones of spousal privacy
guaranteed by the Constitution. In our jurisdiction, the right to privacy was first recognized in
Marje v. Mutuc,243 where the Court, speaking through Chief Justice Fernando, held that "the
right to privacy as such is accorded recognition independently of its identification with
liberty; in itself, it is fully deserving of constitutional protection."244 Marje adopted the ruling
of the US Supreme Court in Griswold v. Connecticut,245 where Justice William O. Douglas
wrote:
We deal with a right of privacy older than the Bill of Rights -older than our political parties,
older than our school system. Marriage is a coming together for better or for worse,
hopefully enduring, and intimate to the degree of being sacred. It is an association that
promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty,
not commercial or social projects. Yet it is an association for as noble a purpose as any
involved in our prior decisions.
Ironically, Griswold invalidated a Connecticut statute which made the use of contraceptives a
criminal offense on the ground of its amounting to an unconstitutional invasion of the right
to privacy of married persons. Nevertheless, it recognized the zone of privacy rightfully
enjoyed by couples. Justice Douglas in Grisworld wrote that "specific guarantees in the Bill of
Rights have penumbras, formed by emanations from those guarantees that help give them
life and substance. Various guarantees create zones of privacy."246
At any rate, in case of conflict between the couple, the courts will decide.
The Family and Parental Consent
Equally deplorable is the debarment of parental consent in cases where the minor, who will
be undergoing a procedure, is already a parent or has had a miscarriage. Section 7 of the RH
law provides:
SEC. 7. Access to Family Planning. – x x x.
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