11 - Natural Law
With respect to the argument that the RH Law violates natural law,276 suffice it to say that the
Court does not duly recognize it as a legal basis for upholding or invalidating a law. Our only
guidepost is the Constitution. While every law enacted by man emanated from what is
perceived as natural law, the Court is not obliged to see if a statute, executive issuance or
ordinance is in conformity to it. To begin with, it is not enacted by an acceptable legitimate
body. Moreover, natural laws are mere thoughts and notions on inherent rights espoused by
theorists, philosophers and theologists. The jurists of the philosophical school are interested
in the law as an abstraction, rather than in the actual law of the past or present.277 Unless, a
natural right has been transformed into a written law, it cannot serve as a basis to strike
down a law. In Republic v. Sandiganbayan,278 the very case cited by the petitioners, it was
explained that the Court is not duty-bound to examine every law or action and whether it
conforms with both the Constitution and natural law. Rather, natural law is to be used
sparingly only in the most peculiar of circumstances involving rights inherent to man where
no law is applicable.279
At any rate, as earlier expounded, the RH Law does not sanction the taking away of life. It
does not allow abortion in any shape or form. It only seeks to enhance the population control
program of the government by providing information and making non-abortifacient
contraceptives more readily available to the public, especially to the poor.
Facts and Fallacies
and the Wisdom of the Law
In general, the Court does not find the RH Law as unconstitutional insofar as it seeks to
provide access to medically-safe, non-abortifacient, effective, legal, affordable, and quality
reproductive healthcare services, methods, devices, and supplies. As earlier pointed out,
however, the religious freedom of some sectors of society cannot be trampled upon in
pursuit of what the law hopes to achieve. After all, the Constitutional safeguard to religious
freedom is a recognition that man stands accountable to an authority higher than the State.
In conformity with the principle of separation of Church and State, one religious group
cannot be allowed to impose its beliefs on the rest of the society. Philippine modem society
leaves enough room for diversity and pluralism. As such, everyone should be tolerant and
open-minded so that peace and harmony may continue to reign as we exist alongside each
other.
As healthful as the intention of the RH Law may be, the idea does not escape the Court that
what it seeks to address is the problem of rising poverty and unemployment in the country.
Let it be said that the cause of these perennial issues is not the large population but the
unequal distribution of wealth. Even if population growth is controlled, poverty will remain as
long as the country's wealth remains in the hands of the very few.
At any rate, population control may not be beneficial for the country in the long run. The
European and Asian countries, which embarked on such a program generations ago , are now
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