RH law now in effect–SC

MANILA, Philippines—It’s final.

The government may now implement the portions of the Responsible Parenthood and Reproductive Health (RH) Law that the Supreme Court has declared to be constitutional.

The high court on Thursday said it has lifted the status quo ante order suspending the implementation of the RH law that it issued in July 16 last year, “insofar as the provisions of Republic Act 10354 which have been declared as constitutional.”

This was stated in the high court’s April 8 resolution on the RH petitions challenging and defending the constitutionality of the RH law, which was only released yesterday.

Not unconstitutional

The high court declared that the RH Law was “not unconstitutional,” but struck down eight provisions there for being unconstitutional.

In a decision penned by Associate Justice Jose Catral Mendoza, the high court said it did not find the law unconstitutional insofar as it seeks to “provide access to medically safe, nonabortifacient, effective, legal, affordable and quality reproductive health care services, methods, devices and supplies.”

But the “religious freedom of some sectors of society cannot be trampled upon in pursuit of what the law hopes to achieve,” the high court said.

“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 society. Philippine modern society leaves enough room for diversity and pluralism. And as such, everyone should be tolerant and open-minded so that peace and harmony may continue to reign as we exist alongside each other,” it said.

Unequal distribution

The high court noted that the RH law sought to address poverty and unemployment in the country, but it said that the cause of these issues was “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,” it said.

It said population control “may not be beneficial for the country in the long run,” pointing to some nations in Europe and Asia which adopted population control programs and are now burdened with ageing population.

The battle for the successful implementation of the RH law will now shift to Congress for funding, said Ifugao Rep. Teddy Brawner Baguilat, one of the coauthors of the law.

But Banguilat is concerned that the high court’s ruling striking down a number of provisions could prolong the RH debate at the committee level.

The high court struck down as illegal eight provisions pertaining to providing minors access to contraceptives without parental consent and penalizing public officers who refuse to support RH programs.

Still, Baguilat said the law would go a long way in improving maternal health and giving women the right to choose when it comes to reproductive health.

He said the government should go full speed ahead in implementing the key provisions that were affirmed, like age-appropriate sexuality education and provision of reproductive health services to local government units.—Christine O. Avendaño and Cynthia D. Balana