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Opinion

Court upholds right to hold reproductive health conference

FROM THE STANDS - Domini M. Torrevillas - The Philippine Star

The 7th Asia Pacific Conference on Reproductive and Sexual Health Rights (APCRSHR) concluded Friday last week with more than 2,000 delegates from the region affirming that reproductive rights and responsibilities are human rights and personal responsibilities.

The conference highlighted the best practices, problems and challenges of governments and private individuals and organizations in assuring quality life  for men, women and children.

I was not surprised that  pro-life advocates attempted to stop the holding of the conference by filing a petition  for a Temporary Restraining Order  with the Regional Trial Court, National Capital Judicial Region, Branch 110, Pasay City.

The court turned down the  petition, the day after it heard the argument of the pro-life group.

Presiding Judge Petronillo A. Sulla’s order is as follows:

“Acting on the application for a Temporary Restraining Order (TRO) by plaintiff Pro-Life Philippines Foundation, Inc. against defendants ... the Court resolves to deny  the same, for lack of merit. Plaintiff itself stated ... that there are only two requisites to be satisfied if an injunction is to be issued, namely, the existence of the right to be protected, and the acts against which the injunction is to be directed, are violative of said right ... While it may be true that plaintiff as pro-life advocate is primarily concerned with the protection of human life particularly the unborn child, it failed to prove in the complaint and during the hearing, that defendants have committed, or allowed the commission of some acts probably in violation of the plaintiff’s rights, which acts must be enjoined or restrained.

 â€œThe holding of the 7th APCRSHR ... wherein topics on abortion among women, are mainly discussed and highlighted, cannot properly constitute a violation of law, particularly the Revised Penal Code on abortion, and on decency. It was not shown by plaintiff that abortion is being practiced, tolerated, or encouraged in that conference ... the conference is in the nature of an academic discussion on the subject of abortion by a large number of participants, mainly foreigners, with the end in view of providing awareness to all concerned, on Reproductive and Sexual Health Rights. The holding of such conference therefore, ... does not violate any penal or non-penal law of the country, in the absence of concrete evidence that specific acts of abortion, or attempt to commit the same, or acts offensive to morality or decency, are being perpetrated by the organizers or participants thereat, in the course of  the conference. On the contrary, public discussion on topics about abortion falls within the ambit of the law protecting freedom of expression. It is the commission of overt acts  of a particular crime like abortion, or offenses against decency, as the case may be, which the law punishes, but not the free discussion or exchange of ideas on ... abortion ... even if the commission of said offense is punishable under the Revised Penal Code . While the Court understands the plight of the pro-life advocates and their apprehension that the conference may lead to promiscuity and that the young Filipino youths ... attending the conference, may be induced or encouraged to commit abortion, or other illegal and immoral acts, as a result of the knowledge they may obtain from the discussion on abortion, their (Pro-Life Advocates) apprehension is unfounded. It cannot also be a valid basis to restrain the questioned acts of herein defendants, which do not appear to be in violation of any law or ordinance. Thus, the Court cannot properly restrain the valid acts of defendants, though plaintiff perceives them to be violative of their advocacy. In short, no right of plaintiff was violated  by the acts of the defendants herein. So there is no legal basis to issue the restraining order, even temporarily, as prayed for....”

The court’s ruling is a victory for advocates of reproductive health. Pro-life advocates are of the erroneous belief that pro-choice believers favor abortion, and encourage promiscuity among the youth. The court said the conference did not encourage abortion, but only discussed it – two different things.

The Pasay City court order sets an important precedent on the matter of discussing controversial issues such as abortion. It makes it very clear that discussing abortion and related matters is not  the same as doing abortion, and therefore, perfectly legal in this country where abortion is legally prohibited.

 But, “while we laud this ruling,” says Beth Angsioco, a strong promoter of reproductive health rights as human rights,  “RH advocates know that the intolerance of anti-RH groups will not end here. . . those who oppose people’s sexual and reproductive health and rights will always find something to complain about.”

As we know,  for several months now, the Supreme Court has not yet ruled on the constitutionality of the Reproductive Health Law which was passed by Congress and ratified by President Aquino. It is our hope that the honorable justices will rule on its constitutionality, and listen to the people’s demand for their reproductive and sexual health rights to be upheld.

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The Upsilon Sigma Phi Alumni Association, Inc., in cooperation with the Upsilon Sigma Phi North America Alumni Association, Inc. and the Sigma Delta Phi Alumnae Association, Inc. will be gathering Upsilonians and Sigma Deltans in its Global Reunion dubbed as “Arangkada sa Manila 2014” from Jan.29 to Feb. 1.

“Arangkada sa Manila promises to be a unique experience for brods and sis alike,” says Benedicto Tabin, chairman of the USPAAI. “We have many activities lined up especially for our balikbayan brods and sis such as Retro sa Metro which will be held at the Arts  City on Jan. 29,  Ati-Atihan sa Diliman: Batch 64 is Gold!  which will be held on Jan. 30 at the UP Bahay ng Alumni and sponsored by Batch 1964 in celebration of its 50th anniversary,  â€˜Lambingan sa Kambingan’ which will be held on Jan. 31 at the UPCO Pavilion, UP Los Banos, and the grand ball  to be held on Feb. 1 at the Marriott Hotel in Resorts World Manila.”

The Upsilon Sigma Phi, which was founded in 1918, and the Sigma Delta Phi, which was founded in 1933, are the oldest Greek-letter fraternity and sorority in the University of the Philippines,

“The Upsilon has contributed significantly to the life of the nation by producing leading lights in various fields of endeavor such as law, banking and finance, medicine, architecture and engineering, science and research, arts and culture, business and entrepreneurship and the academe”, said Jose “Pong” Ejercito, president of the USPAAI.

“Current celebrated alumni in public service include Netherlands Ambassador Jaime Ledda, Major General Gregorio Catapang, “Leyte Congressmen Martin Romualdez, Pasig Congressman Roman Romulo, Pampanga Congressman Juan Pablo Bondoc, Tarlac Governor Victor Yap, Cavite Governor Jonvic Remulla, Palawan Vice-Governor Dennis Socrates, and a host of other dignitaries,” Ejercito continued.

Not to be outdone, SDPAAI president Atty. Beth Bacungan-Macaibay named several current dignitaries and renowned alumnae sisters from their own fold, Filinvest owner and entrepreneur Mercedes Gotianun, economist and TV host  Solita “Winnie” Monsod, ABS-CBN anchorwoman Ces Orena-Drilon, and former gymnast Bea Lucero-Lhuillier.

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Congratulations to our friend Frank A. Evaristo, who was recently proclaimed president-elect of Manila Rotary for Rotary Year 2014-2015. Manila Rotary is the first Rotary Club in Asia. Frank, a civic leader, is president of Alay Lakad Foundation, Inc.,  a former National Jaycees president and Bulong Pulungan core group member. He and the other members of the Manila Rotary board of directors will be inducted on July 3 at the Manila Polo Club.

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Email: dominitorrevillas@gmail

 

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ABORTION

ACTS

CONFERENCE

COURT

JAN

LIFE

MANILA ROTARY

PASAY CITY

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