RH law constitutional, SC rules
MANILA, Philippines–The Supreme Court on Tuesday ruled that the Responsible Parenthood and Reproductive Health law “is not unconstitutional,” rejecting all petitions questioning the controversial legislation, including pleas to restore the penal provisions to its implementing rules and those seeking its in-toto nullification.
In a unanimous vote, the high tribunal en banc denied “all motions for reconsideration, subject to the same positions indicated by the specific Justices on the specific section declared to be unconstitutional.”
8 provisions still unconstitutional
But while it upheld the constitutionality of the RH law, the high court retained its April 8 ruling that eight provisions under the original law’s implementing rules and regulations were unconstitutional, including those providing penalties for healthcare professionals and public officers who refuse to provide reproductive healthcare, and the need for marital or parental consent for those seeking these services.
The provisions that were struck down in April pertained to the penalties against a healthcare professional who “fails or refuses to disseminate information” about reproductive health programs on account of his or her religion or “fails and/or refuses to refer” a nonemergency case to service to an accessible facility because of his or her religious beliefs.
The high court last April also declared as unconstitutional the provisions that allowed minors who suffered a miscarriage to access family planning methods without the consent of their parents or guardians and married individuals to seek reproductive health procedures without their spouses’ consent.
Article continues after this advertisementAlso nullified were provisions penalizing any public officer “who refuses to support reproductive health programs or shall do any act that hinders the full implementation of the reproductive health program, regardless of his or her religious beliefs.”
Article continues after this advertisementRejected petitions
Among the petitions that were rejected was a plea for reconsideration filed by the Filipino Catholic Voices for Reproductive Health, which sought to restore the penal provisions in the law, and the petitions of the Task Force for Family and Life Visayas and Pro-Life Philippines Inc., which had asked the court to strike down the law.
The RH law was passed in 2012 following years of vigorous debate amid strong Catholic Church opposition. It provides for universal access to reproductive healthcare, including sex education, maternal care and contraception.
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