Santiago urges RH law supporters to appeal SC Ruling

By: Maila Ager - 11 years ago

Sen. Miriam Defensor Santiago. INQUIRER.net FILE PHOTO

MANILA, Philippines – Senator Miriam Defensor-Santiago is urging advocates of Reproductive Health (RH) law to file a motion for reconsideration on the eight provisions of the law that were struck down by the Supreme Court.

The law has been declared constitutional by the high tribunal except for eight of its provisions.

“I humbly believe that after due consideration, the Supreme Court will find that the presumption of constitutionality in favor of the law, and of good faith in favor of Congress, will be sufficient to convince the Court that all eight provisions are not unconstitutional,” Santiago, author and co-sponsor of the law, said in a statement on Thursday.

The court rejected, among others, a provision of the law that seeks to provide minors access to contraceptives without parental consent and another provision that punishes any health care provider that fails or refuses to promote RH programs.

But Santiago said the following principles in statutory construction mandate judicial affirmation of the eight provisions:

• The RH law enjoys a presumption of constitutionality, based on the respect of the judiciary for the legislature.

• The presumption of constitutionality dictates that doubt should be resolved in favor of the law; and that the Supreme Court should reconcile the law with the Constitution.

• With respect to the provisions that did not pass muster, the court should have granted to Congress the presumption of good faith and the presumption that legislative determination of factual issues is correct.

Under the law, she said, the burden of proof lies on the party who alleges unconstitutionality.

“In the eight provisions, the petitioners failed to discharge the burden of proof. It is not entirely clear what quantum of proof was applied by the Court to overcome the presumption of constitutionality,” Santiago said.

“I support with full enthusiasm the move to file motions for reconsideration. I am fairly confident that a more exhaustive study of the principles of constitutional law will support a reconsideration of all eight provisions,” she reiterated.

Senator Pia Cayetano, who also authored the legislation in the Senate, had earlier said that she and other pro-RH groups have yet to decide whether or not to appeal the ruling of the SC with regard to the eight provisions.