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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