Tuesday, March 19, 2013

Lagman: I believe RH constitutionality will sustain

The status quo ante order issued by the Supreme Court is only a temporary delay in the implementation of the Reproductive Health law to enable the High Court to fully assess the merits and demerits of the pending petitions challenging the constitutionality of the RH law.

I firmly believe that eventually the constitutionality of the RH law will be sustained.

The RH advocates had prevailed in the legislative and executive departments, and they will likewise triumph in the High Court.

The RH law is constitutional because:

(1) The right to life is not defiled.

The very constitutional provision invoked by the petitioners, which is Sec. 12 of Art. II, provides that the State shall protect “the life of the unborn from conception.” Clearly, before conception, there is no life to protect. Conception has been defined by medical authorities as the implantation of the fertilized ovum in the woman’s uterus. Conception is synonymous with pregnancy.

Verily, in the earlier stages of the reproductive process like ovulation and fertilization, there is no life to protect.

It is in these prior stages before conception where contraception plays its role by preventing ovulation and fertilization. Accordingly, no life is impaired. No human life is imperiled.

The genesis of Sec. 12 of Art. II of the 1987 Constitution started with the proposal to include in Section 1 of the Bill of Rights the provision that the “right to life extends to the fertilized ovum.” This proposal was not constitutionalized. It was rejected in favor of the present provision which guarantees the life of the unborn from conception, not before conception where there is no life yet to safeguard.

The explicit intention of the framers of the 1987 Constitution in protecting the life of the unborn from conception is to prevent the Congress and the Supreme Court from legalizing abortion. The RH law does not legalize abortion. In fact, it acknowledges that abortion is illegal and punishable and is not a family planning option or method.

(2) Right to health is not infringed.

Far from infringing the people’s “right to health”, the RH law promotes, protects and enhances the right to health, particularly of mothers and infants because the promotion of reproductive health and family planning will considerably decrease maternal and infant mortality rates since high-risk, unwanted and unintended pregnancies are avoided.

Moreover, the promotion of reproductive health and family planning would assure the birth of healthy infants and empower parents to give fewer children proper sustenance, health care and education.

(3) Religious freedom is upheld.

The accusation that the RH law is offensive to religious freedom is a patent aberration. The Act is replete with provisions upholding the freedom of religion and respecting religious convictions. The guarantee of freedom of informed choice is an assurance that no one would be compelled to violate the tenets of his religion or defy his religious convictions against his free will and own discernment of his faith.

The option to be a beneficiary of RH care and services and be an acceptor of a particular family planning method is solely the decision of a couple or woman with due regard to one’s religious beliefs and convictions. Good conscience is the anchor of one’s choice.

(4) Parental role in the rearing of the youth is supported by the State.

Section 12 of Article II is among the 22 provisions constituting the State Policies or a “Bill of State Obligations” as distinguished from the Bill of Rights as found in Article III. Accordingly, the last sentence of Sec. 12 provides: “The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and development of moral character shall receive the support of the Government.”

More than a recognition or grant of a right, this provision is an imposition of an obligation upon the State. Accordingly, the operative phrase in this provision is “shall receive the support of the Government.”

The prescription of a mandatory age and development-appropriate reproductive health education for adolescents enrolled in public elementary and high schools is not an abridgement of the role of parents in the rearing of their children. It is in compliance with the bounden duty of Government to support the role of parents in the development of their children’s moral character, among others.

This prescription on RH education assumes more relevance when we consider that the majority of parents default in teaching their children proper sexual values because of the prevailing taboo on conversation about sex in Filipino homes.

Section 14 of the RH law is no different from the constitutional obligation of the State “to establish, maintain and support a complete, adequate and integrated system of education relevant to the needs of the people and society” (Sec. 2[1] of Art. XIV) which is not an impairment of the parent’s right and duty in the rearing of the youth. It is supportive and complementary.

Similarly, the Constitution unequivocally provides that “Without limiting the natural right of parents to rear their children, elementary education is compulsory for all children of school age.” (Sec. 2[2] of Art. XIV). Clearly, no less than the Constitution mandates compulsory elementary education without violating parental right in the rearing of the youth.



Office of Rep. Edcel C. Lagman
Independent – Albay
19 March 2013
0916-6406737 / 0918-9120137

No comments:

Post a Comment