Solon wants stiffer penalties for abortion

Amado Bagatsing. INQUIRER FILE PHOTO/NIÑO JESUS ORBETA

“Wantonly murdered”—That’s how a lawmaker described fetuses or unborn children that are aborted.

Manila Representative Amado Bagatsing, author of House Bill no. 567, aims to legislate stiffer penalties against abortion by amending Articles 256, 257, 268, and 259 of the Revised Penal Code.

He said in a Congress statement that the proposed bill “seeks to give life to said constitutional right of the unborn to protection, to recognize the unborn child’s basic right to life, to the protection of his or her welfare and against acts which place the unborn child in danger of being harmed, injured or killed, bearing in mind that the unborn child is totally incapable of protecting itself.”

The lawmaker also pointed out that there have been reports of fetuses found in garbage cans.

“Some never got to be discovered at all and left in the confines of anonymity. These fetuses are the unwanted and uncared for unborn babies who have been wantonly murdered to, among other reasons, hide the shame of their mothers,” he said.

READ: Excommunication still the punishment for abortion—CBCP

HB 567 defines abortion as “any act or practice, whether done intentionally or unintentionally, that causes the premature exit of the products of conception (e.g. fetus, fetal membrane, placenta) from the uterus of a woman.”

If the bill is passed into law, those who perpetrated abortion “with violence” can receive a penalty of reclusion perpetua or imprisonment of 20 years and one day to 30 years instead of reclusion temporal.

Meanwhile, those who practice abortion “without using violence” and “without the consent of the woman” will suffer a penalty of reclusion temporal or imprisonment of 12 years and one day to 20 years instead of prision mayor.

READ: ‘Justified abortion’ urged

If the pregnant woman consented, the abortionist will receive a penalty of prision mayor or imprisonment of six year and one day to 12 years.

For unintentional abortion, prision mayor will also be imposed on the person who caused the abortion.

Meanwhile, the same penalty will be imposed if the abortion was practiced by the woman (minimum to medium periods or six years and one day to 10 years) or her parents (medium to maximum periods or eight years and one day to 12 years).

Physicians or midwives practicing abortion will also suffer stiffer penalties.

The proposed bill also provides a definition for abortifacients or substances that result in abortion.

“Abortifacient refers to any device, drug, formulation, substance, practice or procedure which is intended to or may damage, injure, interfere with the development, endanger or cause the death of the unborn child or otherwise induce abortion and cause the expulsion or death of the unborn child,” the bill said. IDL