IMBONG vs. OCHOA (G.R. No. 204819)


Imbong vs Ochoa Jr
G.R. No. 204819, April 08, 2014

Facts:
Republic Act (R.A.) No. 10354, otherwise known as the Responsible Parenthood and Reproductive Health Act of 2012 (RH Law), was enacted by Congress on December 21, 2012. Shortly after the President placed his imprimatur on the said law, challengers from various sectors of society came knocking on the doors of the Court, beckoning it to wield the sword that strikes down constitutional disobedience. 
Petitioners are assailing the constitutionality of RH Law contending that the RH Law violates the right to life of the unborn. According to the petitioners, notwithstanding its declared policy against abortion, the implementation of the RH Law would authorize the purchase of hormonal contraceptives, intra-uterine devices and injectables which are abortives, in violation of Section 12, Article II of the Constitution which guarantees protection of both the life of the mother and the life of the unborn from conception.
Respondent contends that   the intent of the Framers of the Constitution was simply the prohibition of abortion. They contend that the RH Law does not violate the Constitution since the said law emphasizes that only "non-abortifacient" reproductive health care services, methods, devices products and supplies shall be made accessible to the public.

Issue:
WON RH Law violates the right to life and health of the unborn child under Section 12, Article II of the Constitution..

Ruling:
Yes.
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 Constitution affords protection to the unborn from conception.  The State shall provide equal protection to both the mother and the unborn child from the earliest opportunity of life, that is, upon fertilization or upon the union of the male sperm and the female ovum.  Contraceptives that kill or destroy the fertilized ovum should be deemed an abortive and thus prohibited. Conversely, contraceptives that actually prevent the union of the male sperm and the female ovum, and those that similarly take action prior to fertilization should be deemed non-abortive, and thus, constitutionally permissible.
Fertilization is sacred because it is at this stage that conception, and thus human life, begins. Human lives are sacred from the moment of conception, and that destroying those new lives is never licit, no matter what the purported good outcome would be.
 The clear and unequivocal intent of the Framers of the 1987 Constitution in protecting the life of the unborn from conception was to prevent the Legislature from enacting a measure legalizing abortion. A reading of the RH Law would show that it is in line with this intent and actually proscribes abortion..


Medyomean

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