Gov’t gives up fight to restore penal provisions in RH law

By: Tetch Torres-Tupas - 11 years ago

PRO-RH LAW Proponents of the RH law gather in front of Supreme Court displaying portraits of poor children. INQUIRER FILE PHOTO

MANILA, Philippines—The government opted not to appeal the Supreme Court’s decision that nullifies the penal provisions of the Reproductive Health Law.

Last April 8, the high court ruled that the RH law is not unconstitutional and at the same time nullified the penal provisions of the law.

The government, through the Office of the Solicitor-General, received the high court’s decision last April 11 and the deadline to file a motion for reconsideration was last April 26.

Health Secretary Enrique Ona, in a statement made Wednesday, said “with the help of our legal advisers, we now fully understand the nature of the SC Decision and its implications on program implementation.”

“As far as we are concerned, the SC Justices essentially clarified that all government health facilities are still required to provide modern family planning services, and that there are many legal ways to ensure access to RH services even if there are conscientious objectors, among many other clarifications,” Ona said.

“Every mother giving birth, every child about to be born, and all women looking for the best options to take care of their families can no longer wait,” the Health Chief added.

On Tuesday, religious groups filed an appeal with the high court asking that it reinstate the provisions it has nullified.

In a 30-page motion for reconsideration, the groups told the high court to reconsider its April 8 ruling that nullified Sections 7, 17 and 23 of the law.

Section 7 is about access to family planning, which provides, among others, that no person shall be denied information and access to family planning services.

Section 17 on the other hand requires health workers to render free reproductive health service for indigent women as a prerequisite in securing PhilHealth accreditation;

Section 23, on the other hand, provides that penalties against those who will violate the RH Law.

Some of the penalties nullified are for those who will refuse to perform legal and medically safe reproductive health procedures to minors without parental consent and to married individuals without the spouse’s consent.