Premature and illegal

It is really hard to simply keep quiet about how this administration has been trying to trample upon and subvert the independence of the Judiciary, particularly the Supreme Court (SC), which is supposed to be a separate, free and self-reliant branch of government.

The SC has been empowered to review the acts of the other branches of our government in order to uphold the supremacy of the constitution as the fundamental and basic law of the land. In exercising such power it is just ensuring that the rule of law prevails; that no man is above the law in this country. It is not asserting its supremacy over the other branches of government

So when the SC has rendered a decision and it has become final, all citizens, including the government officials of the executive and legislative branches of government are bound to comply with such decision especially if it pertains to their acts and conducts. They cannot and should not disobey or disregard it even if they strongly differ and disagree with it or believe that it is wrong.

But as we have now seen from the unfolding events and the various acts of the officials in the Aquino II administration, recent SC decisions have not been followed or even disregarded. Indeed this is the only administration so far which has shown so much disdain and disrespect for the SC rulings and refused to obey them particularly its decisions on the Priority Development Assistance Fund and the Disbursement Acceleration Program fund which have been in the limelight lately.   

But it also bears repeating and pointing out again the clear disregard by this administration particularly, the Department of Health, officials of the SC ruling on the “Responsible Parenthood and Reproductive Health Act of 2012 (R.A. 10354). While the SC has ruled that said law is “not unconstitutional”, several provisions in said law have been declared unconstitutional. So before the law can be implemented, the rules and regulations for its implementation (IRR) must first be drawn up and approved to ensure that the unconstitutional provisions will not be implemented.

Unfortunately, the DOH has already been implementing the law even without an IRR. And the worse part here is that said government department appears to be implementing the very provisions declared by the SC as unconstitutional. Indeed this is a clear indication that the SC decision on this law is not really in favor of this government which have actively pushed for its passage.

To be sure, while this administration kept on insisting prior to its passage that the law is not a population control measure as shown by its title which says that it is a “Responsible Parenthood and Reproductive Health Act”, the SC has categorically declared that the law is a population control measure geared towards a reduction of the country’s population, the number of births in the country” by “promoting pregnancy preventing products and access to information on the full range of modern family planning products and methods”. This finding confirms the previous observations repeatedly made that this law is really of the same nature and purpose as the law being actively pushed and sponsored by the Obama administration as part of its global strategy to control world population through abortion and contraceptives.

Hence, in its ruling the SC emphatically pointed out once more the clear intent of the pro-life Article II Section 12 of the Constitution which “prevents the legislature from enacting a measure legalizing abortion.” For this reason, the SC also stressed that “life begins at fertilization” and that contraceptives which are allowed under the law are limited to those that “actually prevent the union of the male sperm and the female ovum — those that similarly take action prior to fertilization.”

In said ruling, the SC also specified that contraceptives which “induces abortion, induces destruction of the fetus in the mother’s womb, and prevents the fertilized ovum to reach and be implanted in the mother’s womb” are not allowed under the law because they cause abortion (abortifacients). The SC further stressed that the contraceptives that may be allowed are “those that do not have the primary and secondary action of causing.

The SC also ruled that there must first be a determination by the Food and Drug Administration (FDA) that these contraceptives are “safe, legal, non-abortifacient and effective family planning products and supplies” before they are distributed. Then the SC likewise pointed out that “not a single contraceptive yet has been submitted to the FDA”. In fact even up to now it appears that no contraceptive has been submitted to the FDA yet for this purpose as there is not even any IRR promulgated so far.

But reports say that the DOH has also procured, advertised and distributed billions of pesos worth of contraceptives even without the IRR and the FDA determination that they are safe, legal effective and non-abortifacient. The DOH is therefore clearly violating the SC decision. Their action appears to be also contrary to the RA 4729 requiring that “the sale, distribution, and dispensation of contraceptive drugs and devices must be prescribed by a licensed physician.

From all indications the DOH under this administration is already implementing the RH law. And the worse part here is that they appear to be implementing the provisions that been declared by the SC as unconstitutional.

It may not be remiss to also point out here the other provisions of our constitution which the SC found to have been violated by the RH law. In this regard, the SC also said that, “State recognizes with respect the influence of religion in so far as it instills unto the mind, the purest principles of morality. So that “any legislation whose effect or purpose is to impede the observance of one or all religions or to discriminate invidiously between religions, is invalid even though the burdens are only indirect”

All these pronouncements of the SC must be taken into consideration not only in the formulation of the IRR but also in the on-going moves of the DOH prematurely implementing the RH law.

*   *   *

E-mail:[email protected]