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THE REPRODUCTIVE HEALTH BILL IS NOT DESTRUCTIVE OF BUT, IN FACT, EVEN

ADVANTAGEOUS TO THE FAMILY.


A. Primarily, the RH Bill falls within the ambit of the Constitutional mandate for the protection and
the strengthening of the Filipino Family.
1.

Article II Declaration of Principles and State Policies

Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family
as a basic autonomous social institution. It shall equally protect the life of the mother and the life of
the unborn from conception. The natural and primary right and duty of parents in the rearing of the
youth for civic efficiency and the development of moral character shall receive the support of the
Government.
It directs the State to strengthen the family as a basic autonomous social institution. This
can be realized by providing the family with the much needed assistance to enable them to
attain a dignified existence, to live in a decent world in health, in peace and comfort.
It is decreed in this declaration of policy that the parents be not left alone in their right and
duty of training the youth for civic efficiency; that the government equally share in this duty and
responsibility by giving them help and support. p.73
This principle further imposes upon the parents the duty of training their children for the
development of moral character. This means that the parents should be the guardians of the moral
of their children. It is imperative that they see their children embrace the high standard of
morality. p. 74 Ruperto G. Martin
RUPERTO G. MARTIN, NEW CONSTITUTION OF THE PHILIPPINES: NOTES, COMMENTS & PROBLEMS 73 (1987).

Section 15. The State shall protect and promote the right to health of the people and instill health
consciousness among them.
Health being the sine qua non of all personal enjoyment, it is not only the right but the duty of a state
or a municipality possessing police power to pass such laws or ordinances as may be necessary for
the preservation of the health of the people (12 Corpus Juris, p. 913) Ambrosio Padilla pp. 76-77
AMBROSIO PADILLA, THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES WITH COMMENTS
AND CASES

76-77 (VOL. 1. 1988).

2.

Article III - Bill of Rights

Sec. 6
It does not follow therefore, from the constitutional guaranties of the free exercise of
religion that everything may be so called can be tolerated. It has been said that a law
advancing a legitimate government interest is not necessarily invalid as one interfering with
the free exercise of religion merely because it also incidentally has a detrimental effect on
the adherents of one or more religion. Pp.90-91 Santiago
The sole justification for a prior restraint or limitation in the xercise of religious freedom is
the existence of a grave and present danger of a character both grave and imminent, of a
serious evil to public safety, public morals, public health or any other legitimate public
interest, that the state has the right and duty to protect. P. 91
MIRIAM DEFENSOR SANTIAGO, CONSTITUTION ANNOTATED 91 (1999).

4.

Article XV - The Family

Why is the family autonomous? It is so because while the law governs family
relations, the family should be freed from undue interference of the State; it must have
freedom from destruction. Whatever is destructive of the family is now considered
unconstitutional. = p.992 Nolledo
The State shall defend the right of the spouses to found a family in accordance with
their religious convictions and the demands of responsible parenthood. In the case of Catholic
spouses, to them birth control through the use of contraceptives and the like is taboo.
Therefore the State cannot impose a program of birth control against the religious beliefs of th
spouses Ibid
The State no longer has the constitutional mandate to achieve and maintain
population levels, an in accordance to Sec. 3, sub-section 1 of the Article on Family, it may
not compel or impose upon spouses (e.g. via motivators or intensive advertising) to adopt
means of birth limitation contrary to religious beliefs.
Overpopulation has its most disastrous impact on the man in the sub-marginal legal
who seems to be hopelessly drowned in miseries. Ironically enough, it is the poor man who

begets more children than he can ever hope to feed, clothe, shelter and send to school. This
great disparity between dependents and earners in families has always been a factor
providing a serious setback to the social development of societyAnd the government are
becoming increasingly overburdened by a population bigger than they can possible feed and
clothe, educate and house and provide employment to. Pp. 994
To limit the population down to a size where men will readily have options for a better
life has become one of utmost necessity. To be able to live a more wholesome life physically,
morally and spiritually is a right of every man. And to achieve and preserve social equity is a
goal aimed at by peoples all over the world. To lift the poor from a life of degradation to a life
of self-reliance and productivity where they can be part of mainstream is imperative as a
moral obligation on the part of those in a position to help do so. Pp.994-995 Id.
JOSE N. NOLLEDO, THE NEW CONSTITUTION OF THE PHILIPPINES ANNOTATED 992 (1990).

This section [Sec. 3, Art. XV] recognizes the right of parents to determine the number of their
children . Therefore when a law is passed, limiting the right of a parent to claim exemption for children
in excess of a certain number, it would be subject to attack as discriminatory. Unfortunately, no one
has yet raised the question to the Supreme Court. p. 702
MIRIAM DEFENSOR SANTIAGO, CONSTITUTION ANNOTATED 702 (1999).

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