SC asked to lift TRO on RH law

MANILA, Philippines - The Supreme Court (SC) was asked yesterday to lift its order temporarily stopping the government from implementing the controversial Republic Act No. 10354 or Reproductive Health (RH) law.

Senatorial bet and former Akbayan party-list Rep. Ana Theresia Hontiveros, an intervenor in the case, said the status quo ante order issued by the high court last week should immediately be lifted as it poses more harm than good.

“Contrary to the allegation of the petitioners, it is the suspension of the implementation of RA 10354 that is likely to cause lasting and permanent harm to a vulnerable segment of our population: mothers and their children,” she argued in a 24-page motion.

As proof, Hontiveros cited records from the Department of Health showing maternal mortality of 221 mothers for every 100,000 live births in the country in 2011. She said the DOH has found that the maternal deaths are “highly preventable if women have access to sufficient reproductive health care services.”

“The suspension can cause irreparable harm to a vulnerable section of our population. As reported by the Department of Health, lack of access to reproductive health services is one of the leading causes of maternal mortality. This harm cannot be reversed,” she told reporters later in an interview.

She also said petitioners have not adequately shown that the measure’s implementation has entailed constitutional violation of the law.

“There should be a presumption of constitutionality since the law was duly enacted by Congress. The petitioners failed to show any actual violation of the Constitution and have not delivered any proof that such transgressions exist,” Hontiveros argued.

“The RH law is a product of rigorous debates in Congress for 15 years. After its enactment, its implementing rules and regulation also went through meticulous consultations with various stakeholders, including those that are known to be working with the anti-RH petitioners,” she added.

She was joined by 13 mothers in objecting to the high court’s order.

Justices voted 10-5 last March 19 to issue the status quo ante order.

The halt order takes effect for 120 days with the high court also resolving to set the consolidated petitions for oral argument on June 18.

A member of the high court explained to The STAR the majority in SC saw the need to issue the order “so as to prevent irreparable violations of constitutional rights raised in the petitions, especially if in the end these are established.”

The consolidated petitions were filed as early as January by couple James and Lovely-Ann Imbong, non-profit group Alliance for the Family Foundation Philippines Inc. (ALFI), Serve Life Cagayan de Oro City, Task Force for Family and Life Visayas Inc., lawyer Expedito Bugarin, Eduardo Olaguer of the Catholic Xybrspace Apostolate of the Philippines, former Sen. Francisco “Kit” Tatad and his wife Ma. Fenny and a group of doctors represented by lawyer Howard Calleja.

The group argued that the RH law “negates and frustrates the foundational ideals and aspirations of the sovereign Filipino people as enshrined in the Constitution.”

They cited Article II Section 12 of the Constitution, which states: “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 government.”