SC waters down RH Law; opposition not giving up

CEBU, Philippines -  The Supreme Court has watered down the  controversial  Republic  Act  No.  10354 or Responsible Parenthood and Reproductive Health Act (RH Law).

In summer session, justices of the high court voted to declare unconstitutional eight key provisions in the divisive law and its implementing rules and regulation.

Voided were portions of section 7 of the law, which require private hospitals owned by religious groups to refer patients to other health facilities and allow minors who suffered miscarriage to access modern family planning methods without the consent of parents.

The rest of Section 7, however, which states that “all accredited public health facilities shall provide a full range of modern family planning methods, which shall also include medical consultations, supplies and necessary and reasonable procedures for poor and marginalized couples having infertility issues who desire to have children”, was upheld by the Court.

The SC also struck down Section 17, which requires granting of free services to indigent women as a prerequisite for healthcare providers in securing PhilHealth accreditation.

Also voided were provisions in Section 23 penalizing health workers who fail or refuse to disseminate information on RH programs regardless of religious beliefs, allowing married individuals to undergo RH procedures without the consent of their spouses, healthcare providers who refuse to refer nonemergency patients to another facility regardless of religious beliefs, health workers who require parental consent from a minor in nonemergency cases and public officials who refuse to support RH programs regardless of religion.

Apart from the provisions in the law, the high court also declared unconstitutional section 3 of the law's IRR, which defined “abortifacient” as only contraceptives which “primarily” induces abortion.

In Cebu, a Catholic group said the fight is not yet over.

Human Life International Philippines country director Dr. Rene Bullecer said there is still “hope”, what with the Supreme Court's decision  to drop sections 7, 17 and 23. Anti-RH groups have lobbied for the provisions to be dropped for being against laws of the Church.

“Consuelo de bobo na ang pag-declare nga unconstitutional sa section 23 but we are a bit happy,” he said.

“We will regroup and discuss what strategies went wrong and improve it. Tuloy ang laban. This is not yet the end of the battle,” Bullecer said, adding, that they are awaiting the advice of the legal panel of the Catholic Bishop's Conference of the Philippines. 

Cebu Archbishop Jose Palma was not available for interview yesterday but Archbishop Emeritus Ricardo Cardinal Vidal told GMA-7 that he is disappointed of the ruling.

In Malacañang, Deputy Presidential Spokesperson Abigail Valte said so far, there are also no indications that a “Catholic revolt” would take place.

“Whether there would be a Catholic revolt should it be true that the Supreme Court has upheld the constitutionality of the Responsible Parenthood Law is something that remains to be seen,” Valte said.  (FREEMAN)