Population, Creating the Commission on Population and for Other Purposes. " The law
envisioned that "family planning will be made part of a broad educational program; safe and
effective means will be provided to couples desiring to space or limit family size; mortality
and morbidity rates will be further reduced."
To further strengthen R.A. No. 6365, then President Ferdinand E . Marcos issued Presidential
Decree. (P.D.) No. 79,68 dated December 8, 1972, which, among others, made "family
planning a part of a broad educational program," provided "family planning services as a part
of over-all health care," and made "available all acceptable methods of contraception, except
abortion, to all Filipino citizens desirous of spacing, limiting or preventing pregnancies."
Through the years, however, the use of contraceptives and family planning methods evolved
from being a component of demographic management, to one centered on the promotion of
public health, particularly, reproductive health.69 Under that policy, the country gave priority
to one's right to freely choose the method of family planning to be adopted, in conformity
with its adherence to the commitments made in the International Conference on Population
and Development.70 Thus, on August 14, 2009, the country enacted R.A. No. 9710 or "The
Magna Carta for Women, " which, among others, mandated the State to provide for
comprehensive health services and programs for women, including family planning and sex
education.71
The RH Law
Despite the foregoing legislative measures, the population of the country kept on galloping at
an uncontrollable pace. From a paltry number of just over 27 million Filipinos in 1960, the
population of the country reached over 76 million in the year 2000 and over 92 million in
2010.72 The executive and the legislative, thus, felt that the measures were still not adequate.
To rein in the problem, the RH Law was enacted to provide Filipinos, especially the poor and
the marginalized, access and information to the full range of modem family planning
methods, and to ensure that its objective to provide for the peoples' right to reproductive
health be achieved. To make it more effective, the RH Law made it mandatory for health
providers to provide information on the full range of modem family planning methods,
supplies and services, and for schools to provide reproductive health education. To put teeth
to it, the RH Law criminalizes certain acts of refusals to carry out its mandates.
Stated differently, the RH Law is an enhancement measure to fortify and make effective the
current laws on contraception, women's health and population control.
Prayer of the Petitioners - Maintain the Status Quo
The petitioners are one in praying that the entire RH Law be declared unconstitutional.
Petitioner ALFI, in particular, argues that the government sponsored contraception program,
the very essence of the RH Law, violates the right to health of women and the sanctity of life,
which the State is mandated to protect and promote. Thus, ALFI prays that "the status quo
ante - the situation prior to the passage of the RH Law - must be maintained."73 It explains: