A Short History of the Unborn in the Philippines

A.R.Melgar • Likhaan • 3 Dec 2010

CBCP Pastoral Letters and Statements

1973 – "Moral Norms for Catholic Hospitals & Catholics in Health Services"

protect life from moment of conception conception is fertilization termination of pregnancy from fertilization

is abortion

"From the moment of its conception, life must be guarded with greatest care, while abortion and infanticide are unspeakable crimes…

Every procedure whose sole immediate effect is the termination of pregnancy before viability is an abortion, which, in its moral context, includes the interval between fertilization and implantation of the embryo."

1976 – "Joint Pastoral Letter on Christian Marriage and Family Life"

first use of term unborn

"Advocates of abortion give many reasons why an unborn human life could be sacrificed in the early stages of its development. Whatever those reasons, the end does not justify the means if the means are in themselves immoral."

1979 – "'Thou Shalt Not Kill' (A Joint Pastoral Letter of the Philippine Hierarchy on the Life of the Unborn Child)"

by Cardinal Sin, criticizing violence of martial law

first use of term abortifacient

"A good number of clinics and hospitals, all over the country, are notorious for their being slaughter-houses of unborn children.

… public authorities … have permitted the entry of sophisticated instruments of abortion into the country, continue the spread of abortifacient IUDs and encourage the promotion of abortifacient injectables."

The Making of the1987 Constitution

Constitutional Commission:versions of unborn clause

#1: "The right to life extends to the fertilized ovum" (in Bill of Rights)

"Protection of life should extend to the fertilized ovum" (by Bernas)

"The State shall protect human life from the moment of conception"

"The State shall protect unborn child from conception"

"The State shall protect unborn from conception"

- Ruiz-Austria C et al 2002. Position Paper Postinor Case. WomenLead for RHAN.

Opposition byCommissioner Fely Aquino

"I am very much alarmed by the absolutist claim to morality in the defense of human life, the defense that was raised by Commissioner Villegas. There is presently a raging debate on the philo-ethical considerations of the origin or the beginnings of human life that at this moment, I do not think we are in any position to pre empt the debate and come up with a premature conclusion on the matter.

There are still pressing questions in my mind, such as: - Is the biological existence of a potentiality for life synonymous with human personality? - Is viability synonymous with life? There are at least a dozen theories that attempt to address themselves to this kind of question."

1987 Constitution, final result: not in Bill of Rights removed

fertilized ovum moment child

added life of the mother

Article II – Declaration of Principles & State Policies

Section 12. … [The State] shall equally protect the life of the mother and the life of the unborn from conception.

Article II – Declaration of Principles & State Policies

Section 12. … [The State] shall equally protect the life of the mother and the life of the unborn from conception.

fertilization implantation viability birthpaglilihi

U N B O R N

ensoulment

2001 - 2004

Misoprostol – withdrawn by manufacturer due to pressures

Levonorgestrel (Postinor) – banned IUD – abortifacient, says DOH Sec.

2005 - House Bill 4643 by Buhay Party

"Abortive drug shall be defined as any medicine, drug, chemical, or potion that acts to or has potential either to interfere with the implantation of the fertilized ovum (embryo) onto the mother's womb or to interrupt pregnancy after implantation. It shall be included but not be limited to such groups of abortive drugs as the Oral Contraceptives, Prostaglandins … Antiprogesterones … Morning-after pills, Misoprostol, Levonorgestrel, … patch Evra, and Injectables like Depo Provera." "Abortive device shall be defined as any instrument, device, material or agent introduced into the female reproductive system whose primary mechanism of action is either to interfere with the implantation of the fertilized ovum onto the mother's womb or interrupt pregnancy after implantation."

WHO gave a position paper

"Contraceptives are not abortifacients. … Although it is known that there are changes in the endometrium during combined oral contraceptive (COC) use, no evidence to date has supported the hypothesis that these changes lead to disruption of implantation. … Progestin-only methods also cause changes in the endometrium. [But] these changes show great variability… from atrophy to normal secretory structures. There is no direct evidence that suggests a relationship between endometrial structure and contraceptive effectiveness of these methods. … Levonorgestrel emergency contraceptive pills (ECPs) have been shown to prevent ovulation and they do not have any detectable effect on the endometrium (uterine lining) or progesterone levels when given after ovulation. ECPs are not effective once the process of implantation has begun, and will not cause abortion… The hypothesis that the primary mechanism of copper-bearing IUDs in women is destruction of embryos in the uterus (i.e., abortion) is not supported by available evidence."

http://www.likhaan.org/sites/default/files/pdf/expert_opinion_on_house_bill_4643_on_abortive_substances_and_devices_in_the_philippines_7nov06.pdf

CONSTITUTION"protect the life of the mother and the life of the unborn from conception."

conception = fertilization

fertilized egg = unborn child

unborn child has human personality & human rights

must be protected against abortion from fertilization

prison terms in Penal Code 1 degree higher

1

2

3

4

5

6

widens scope

increases penalties

+

of anti-abortion law

defines start of protected human life

+

Protection of the Unborn Child Act of 2010 (Golez & Enrile)

Protection of the Unborn Child Act of 2010 (Golez & Enrile)

defines start of protected human life conception is fertilization (Sec. 4)

unborn is a child, starting from fertilization (Sec. 4)

unborn has human personality (Sec. 3)

unborn legally protected "from all outside intervention … during the natural process of growth of the fertilized ovum" (Sec. 3, 7)

unborn has human rights (Sec. 5)

Full text of bill from http://www.congress.gov.ph/download/basic_15/HB00013.pdf

Protection of the Unborn Child Act of 2010 (cont.)

broadens criminalized abortion acts abortion – "any act … that cause or

recklessly endanger or result in injury, damage, expulsion, interference in the natural development of the fetus, or death of the unborn child"

abortifacient – "any device, medicine, substance, practice which may damage, injure, interfere or recklessly endanger or cause the expulsion or death of the unborn child"

Widening scope of anti-abortion law

abortion without consent

abortion with

consent

abortion to save

woman's life

IUDs, hormonal contr.

removal of ectopic preg.

LAM, fertility-awareness

emergency contraception

caffeine, cigarettes, etc

drugs affecting pregnancy

PENAL CODE

current gray area

Protection of Unborn Child Act

Protection of the Unborn Child Act of 2010 (cont.)

increases abortion penalties "The acts constituting abortion … defined

and penalized in … Revised Penal Code and shall constitute and be deemed as prohibited acts … but the same shall be penalized with penalties that are one degree higher than those provided for in the said laws"

Current abortion prison termsArt. 256. Intentional abortion

used violence against pregnant woman 12 – 20 years RT

no violence, no consent from woman 6 – 12 years PM

with consent from woman 21/3 – 6 years PC med-max

Art. 257. Unintentional abortion

with violence, but unintentional 1/2 – 41/6 years PC min-med

Art. 258. Abortion by woman herself or parents

done by woman to conceal dishonor 1/2 – 41/6 years PC min-med

otherwise 21/3 – 6 years PC med-max

Art. 259. Abortion by a physician or midwife

used violence against pregnant woman 171/3 – 20 years RT max

no violence, no consent from woman 10 – 12 years PM max

with consent from woman 41/6 – 6 years PC max

pharmacist who dispensed abortives 1 – 6 months AM

- Revised Penal CodeRT - reclusion temporal; PM - prision mayor; PC - prision correccional; AM - arresto mayormin - minimum period; med - medium period; max - maximum period