The Textbook of Obstetrics (Physiological & Pathological Obstetrics),161 used by medical schools in the Philippines, also concludes that human life (human person) begins at the moment of fertilization with the union of the egg and the sperm resulting in the formation of a new individual, with a unique genetic composition that dictates all developmental stages that ensue. 17-19; Separate Opinion (Justice Brion), p. 25 . "159, It describes fertilization as "the union of male and female gametes to form a zygote from which the embryo develops."160. No. 57 Rollo (G .. R. No. While health care service providers are not barred from expressing their own personal opinions regarding the programs and services on reproductive health, their right must be tempered with the need to provide public health and safety. Gerona, however, which was the authority cited by German has been overruled by Ebralinag which employed the "grave and immediate danger" test . blogspot.com/2011 _02_0 !_archive.html ; last vi sited February 15, 2014. 10-11 ; Petition, Philippine Alliance of XSeminarians (PAX) v. Ochoa, rol!o (G.R. ENRIQUE T. ONA, Secretary, Department of Health, HON. EDUARDO B. OLAGUER and THE CATHOLIC XYBRSPACE APOSTOLATE OF THE PHILIPPINES, Petitioners, What is the distinction between paragraph (3) and paragraphs ( 1) and (2)? 198 Memorandum, Cayetano, rollo (G.R. The 2010 study, published in Lancet, shows the Philippines outpaced first-world nations like Germany, Russia and Israel - where abortions are legal - in cutting maternal mortality rates. Alternatively, you have the option to rent a virtual office as your business address during the registration process. Majority of the Members of the Court are of the position that the question of when life begins is a scientific and medical issue that should not be decided, at this stage, without proper hearing and evidence. Enrollee must be a PHILHEALTH member. In case of conflict between the religious beliefs and moral convictions of individuals, on one hand, and the interest of the State, on the other, to provide access and information on reproductive health products, services, procedures and methods to enable the people to determine the timing, number and spacing of the birth of their children, the Court is of the strong view that the religious freedom of health providers, whether public or private, should be accorded primacy. 204988), pp. 146- 150; Petition, Pro-l ife Philippines Foundation, Inc. v. Ochoa, rollo (G.R. 193036, December 7, 2010, 637 SCRA 7 8, I 77. Moreover, from the use of the word "endeavor," the LG Us are merely encouraged to provide these services. 186 Memorandum, Lagman, rollo (G.R. 134 Consolidated Comment, OSG, rollo, (G.R. What is the compelling State interest to impose this burden? The RH Law violates the right to free speech. Voluntary Member din po kasi ako sa Philhealth/SSS at sa ngayon tinutuloy tuloy ko ang mga The World Health Organization also found that the Filipino maternal mortality rate dropped 48 percent from 1990 to 2008. 1453- 1496. [Section 3CDJ, 5. OFFICE OF THE PRESIDENT, SENATE OF THE PHILIPPINES, HOUSE OF REPRESENTATIVES, HON. if the corporation will engage in activities involving advanced technology or employ at least 50 direct employees. [Emphases supplied; citations excluded]. 3-26. 112. From the declared policy of the RH Law, it is clear that Congress intended that the public be given only those medicines that are proven medically safe, legal, non-abortifacient, and effective in accordance with scientific and evidence-based medical research standards. No. So we should not give any doubt to Congress, too.153. 131 Petition, Alliance for the Family Foundation, inc. (ALFI) v. Ochoa, rollo (G. R. No. ROXAS II, Secretary, Department of Interior and Local Government, Respondents. 5) Section 23(a)(3) and the corresponding provision in the RH-IRR, particularly Section 5.24 thereof, insofar as they punish any healthcare service provider who fails and/or refuses to refer a patient not in an emergency or life-threatening case, as defined under Republic Act No. 22 With Prayer for the issuance of a Temporary Restraining Order/ Writ of Prelim inary Injunction; docketed as G.R. As this is embodied in the preamble, it means that the State recognizes with respect the influence of religion in so far as it instills into the mind the purest principles of morality.205 Moreover, in recognition of the contributions of religion to society, the 1935, 1973 and 1987 constitutions contain benevolent and accommodating provisions towards religions such as tax exemption of church property, salary of religious officers in government institutions, and optional religious instructions in public schools. Filipino-owned OPCs have a minimum capital requirement of, . No. They add that compelling them to do the act against their will violates the Doctrine of Benevolent Neutrality. Entities seeking to incorporate an OPC must submit the following documents to SEC: All applicants for registering an OPC must be filed manually with SECs Company Registration and Monitoring Department (CRMD). On July 16, 2013, the SQAO was ordered extended until further orders of the Court.63, Thereafter, the Court directed the parties to submit their respective memoranda within sixty (60) days and, at the same time posed several questions for their clarification on some contentions of the parties.64, (Population, Contraceptive and Reproductive Health Laws, Long before the incipience of the RH Law, the country has allowed the sale, dispensation and distribution of contraceptive drugs and devices. 1419-1445. 2. There is no age requirement for the NBI clearance application. No. With respect to ' health care providers' under the Implementing Rules and Regulations, does it make a difference that they are called ' health care providers' and not ' health care service providers'? The provision, as proposed right now states: The State shall equally protect the life of the mother and the life of the unborn from the moment of conception. HON. Any legislation whose effect or purpose is to impede the observance of one or all religions, or to discriminate invidiously between the religions, is invalid, even though the burden may be characterized as being only indirect. Pursuant thereto, the State shall defend: (a) The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood." It does not even mandate the type of family planning methods to be included in the seminar, whether they be natural or artificial. Foreign corporations seeking to generate income in the Philippines by carrying out their business activities into the country can set up a Branch Office. 599, 608 (1993). When a fertilized ovum is implanted in the uterine wall , its viability is sustained but that instance of implantation is not the point of beginning of life. Additional requirement for senior citizens. Each department of the government has exclusive cognizance of matters within its jurisdiction and is supreme within its own sphere.81, Thus, the 1987 Constitution provides that: (a) the legislative power shall be vested in the Congress of the Philippines;82 (b) the executive power shall be vested in the President of the Philippines;83 and (c) the judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.84 The Constitution has truly blocked out with deft strokes and in bold lines, the allotment of powers among the three branches of government.85, In its relationship with its co-equals, the Judiciary recognizes the doctrine of separation of powers which imposes upon the courts proper restraint, born of the nature of their functions and of their respect for the other branches of government, in striking down the acts of the Executive or the Legislature as unconstitutional. 546, 574 ( 1997). 271 People v. Dasig, supra 269 at 608-609. 265 (2004 ); Estrada v. Sandiganbayan, 421 Phi I. 5 With Prayer for the issuance of a Temporary Restraining Order/ Writ of Preliminary Injunction; docketed as G.R. They are waving the view that life begins at implantation. The discriminatory provision is void not only because no such exception is stated in the RH Law itself but also because it is violative of the equal protection clause in the Constitution. It is also apparent is that the Framers of the Constitution intended that to prohibit Congress from enacting measures that would allow it determine when life begins. 249 (ii) Parental consent or that of the person exercising parental authority in the case of abused minors, where the parent or the person exercising parental authority is the respondent, accused or convicted perpetrator as certified by the proper prosecutorial office of the court. It is the only government entity empowered to render such services and highly proficient to do so. 204934), pp. 396-410. The legislative intent in the enactment of the RH Law in this regard is to leave intact the provisions of R.A. No. Meanwhile, on March 15, 2013, the RH-IRR for the enforcement of the assailed legislation took effect. 204 Memorandum, OSG, rollo (G.R. Indeed, the State is not precluded to pursue its legitimate secular objectives without being dictated upon by the policies of any one religion. The Transcripts of the Stenographic Notes disclose the following: Let's go back to the duty of the conscientious objector to refer. (a) Local government units shall endeavor to be self-reliant and shall continue exercising the powers and discharging the duties and functions currently vested upon them. C4RH, rollo (G.R. The role of the Corporate Secretary cannot be taken by the single stockholder, but they can assume the role of the Treasurer if they submit a. to the Securities and Exchange Commission (SEC). 204988), pp. All the same, the principle of "no-abortion" and "non-coercion" in the adoption of any family planning method should be maintained. If the terminology of ' health care service provider ' includes ' private health care service provider', which includes private hospitals and private doctors, is the State duty-bound to consequently provide these providers with information on the programs and services that these providers should give information on? 563, 81 S. Ct. 144; McGowan v. Maryland, 366 U.S. 420, 444-5 and 449). No. MANUEL A. ROXAS II, Secretary, Department of Interior and Local Government, Respondents. 15 With prayer for the issuance of a Temporary Restraining Order; docketed as G.R. Earn a Bachelors Degree: At Least Four Years. "According to a long line of decisions, equal protection simply requires that all persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed." 191 Joint Memorandum, Imbong/Luat, rollo (G.R. 412, 423 (2000). Dumas, Romeo B. Almonte, Osmundo C. Orlanes, Arsenio Z. Menor, Samuel J. Yap, Jaime F. Mateo, Rolly Siguan, Dante E. Magdangal, Michael Eugenio O. Plana, Bienvenido C. Miguel, Jr., Landrito M. Diokno and Baldomero Falcone, Petitioners, 16-22; Petition, Juat v. Ochoa, rollo (G.R. But s/he must be a director holding at least one share of the capital stock. Obtain business permits from the local government unit (LGU) where the ROHQ will be located. It is argued that those who object to any information received on account of their attendance in the required seminars are not compelled to accept information given to them. "73 It explains: x x x. However, they shall be classified as dependent members 3.. 75 Consolidated Comment, OSG, rollo (G. R. No. 139, 158 (1936). [Emphases supplied]. 285 History of Lanao del Sur (visited July 3, 2017). No. 72 See , last visited on November 5, 2 01 3; See also , last visited on November 5, 201 3. "247 In this regard, Commissioner Bernas wrote: The 1987 provision has added the adjective "primary" to modify the right of parents. 169 Joint Memorandum of the House of Representatives and Respondent- Intervenor Rep. Edee I C. Lagman), Section 40, Rollo, G.R. Lagman that life begins at implantation.165 According to him, "fertilization and conception are two distinct and successive stages in the reproductive process. - The DOH shall procure, distribute to LGUs and monitor the usage of family planning supplies for the whole country. She specializes in SEO and technical writing and produces content for websites, marketing collaterals, social media campaigns, and other marketing mediums. 2616-2621. As far back as Tanada v. Angara,91 the Court has unequivocally declared that certiorari, prohibition and mandamus are appropriate remedies to raise constitutional issues and to review and/or prohibit/nullify, when proper, acts of legislative and executive officials, as there is no other plain, speedy or adequate remedy in the ordinary course of law. xx x (Emphases Ours). PAQUITO N. OCHOA, JR., Executive Secretary; HON. WebA minor (i.e. Meanwhile, the National Statistical Coordination Board in the Philippines, according to Spero Forum, has shown the same results. No. At this point, the Court is of the strong view that Congress cannot legislate that hormonal contraceptives and intra-uterine devices are safe and non-abortifacient. 4729, dated June 18, 1966. It is an affront to the constitutional mandate to protect and strengthen the family as an inviolable social institution. 172 Separate Opinion (Justice Del Castillo), pp. It cannot favor one religion and discriminate against another. 37 Petition, Task Force for the Family and Life Visayas, Inc. v. Ochoa, rollo (G.R. ROXAS II, DECS SECRETARY ARMIN A. LUISTRO, Respondents. The respondents, on the other hand, contend that the RH Law does not provide that a specific mode or type of contraceptives be used, be it natural or artificial. old. Without set consequences for either an active violation or mere inaction, a law tends to be toothless and ineffectual. No. In this regard, the Constitution is replete with provisions protecting and promoting the right to health. No. No. As expounded earlier, the use of contraceptives and family planning methods in the Philippines is not of recent vintage. 206355), pp. 275-276. But as always, with apt judicial caution and cold neutrality, the Court must carry out the delicate function of interpreting the law, guided by the Constitution and existing legislation and mindful of settled jurisprudence. 231658, p. 187. It is asserted that Section 14 of the RH Law, in relation to Section 24 thereof, mandating the teaching of Age-and Development-Appropriate Reproductive Health Education under threat of fine and/or imprisonment violates the principle of academic freedom . document.getElementById("ak_js_2").setAttribute("value",(new Date()).getTime()); Complete Guide on How to Register a Business in the Philippines 2022, The most common type of corporation in the Philippines, a, At least 2 and a maximum of 15 stockholders (also known as. Even if not formally established, the right to life, being grounded on natural law, is inherent and, therefore, not a creation of, or dependent upon a particular law, custom, or belief. In fact, it is pursuant to Section 11, Article XIII of the Constitution which recognizes the distinct necessity to address the needs of the underprivileged by providing that they be given priority in addressing the health development of the people. What is the implication of the fact that the law requires even private parties with the duty to provide information on government programs on the criminal liability of private health care service providers? 1255-1256. 207111 ), pp. The OSG also attacks the legal personality of the petitioners to file their respective petitions. If your wife or husband is previously a Philhealth member, ask her/him to write a letter or statement that she/he is no longer an active Philhealth member, including the estimated last time she/he paid her/his Access to the following services shall be ensured: (1) Maternal care to include pre- and post-natal services to address pregnancy and infant health and nutrition; (3) Responsible, ethical, legal, safe, and effective methods of family planning; (4) Family and State collaboration in youth sexuality education and health services without prejudice to the primary right and duty of parents to educate their children; (5) Prevention and management of reproductive tract infections, including sexually transmitted diseases, HIV, and AIDS; (6) Prevention and management of reproductive tract cancers like breast and cervical cancers, and other gynecological conditions and disorders; (7) Prevention of abortion and management of pregnancy-related complications; (8) In cases of violence against women and children, women and children victims and survivors shall be provided with comprehensive health services that include psychosocial, therapeutic, medical, and legal interventions and assistance towards healing, recovery, and empowerment; (9) Prevention and management of infertility and sexual dysfunction pursuant to ethical norms and medical standards; (10) Care of the elderly women beyond their child-bearing years; and. 204934), pp. 139 See http://www.pop.org/content/coerci ve-population-ploys- in-philippines- 1428 , last visited October 17, 2013. 192 Petition, Echavez v. Ochoa, rollo (GR. ARSENIO BALISACAN, Director-General, National Economic and Development Authority, HON. As I mentioned in my speech on the US bases, I am pro-life, to the point that I would like not only to protect the life of the unborn, but also the lives of the millions of people in the world by fighting for a nuclear-free world. Definition of Terms . FLORENCIO B. ABAD, Secretary of the Department of Budget and Management; HON. The test requires the state to carry a heavy burden, a compelling one, for to do otherwise would allow the state to batter religion, especially the less powerful ones until they are destroyed. (RHQ) is an administrative branch of a foreign corporation allowed to supervise, inspect or coordinate its subsidiaries, branches, and affiliates around the world. Its nature is human.151. Must be at least 18 years of age on the date of filing of application. - For the purpose of this Act, the following terms shall be defined as follows: (r) Reproductive health care program refers to the systematic and integrated provision of reproductive health care to all citizens prioritizing women, the poor, marginalized and those invulnerable or crisis situations. Jurisprudence is replete with the rule that the power of judicial review is limited by four exacting requisites, viz : (a) there must be an actual case or controversy; (b) the petitioners must possess locus standi; (c) the question of constitutionality must be raised at the earliest opportunity; and (d) the issue of constitutionality must be the lis mota of the case.96. No. 6-10; Petition, Echavez v. Ochoa, rollo (G.R. A test that would protect the interests of the state in preventing a substantive evil, whether immediate or delayed, is therefore necessary. As in every democratic society, diametrically opposed views on the subjects and their perceived consequences freely circulate in various media. Moreover, granting that a compelling interest exists to justify the infringement of the conscientious objector's religious freedom, the respondents have failed to demonstrate "the gravest abuses, endangering paramount interests" which could limit or override a person's fundamental right to religious freedom. The Court's function is therefore limited, and accordingly, must confine itself to the judicial task of saying what the law is, as enacted by the lawmaking body.281. For the above reasons, the Court cannot subscribe to the theory advocated by Hon. (16) Petition-In-Intervention,34 filed by Buhay Hayaang Yumabong (B UHAY) , an accredited political party. A Domestic Corporation is a business entity incorporated, recognized, and operating in the Philippines. 204819), pp. One can only speculate on the content, manner and medium of instruction that will be used to educate the adolescents and whether they will contradict the religious beliefs of the petitioners and validate their apprehensions. 3 720, as amended by R.A. No. 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. 21 Jacqueline H. King, M.D., Cynthia T. Domingo, M.D., Josephine Millado-Lumitao, M.D., Anthony Perez, Michael Anthony G. Mapa, Carlos Antonio Palad, Wilfredo Jose, Claire Navarro, Anna Cosio, Gabrie l Dy Liacco. 98 Comment-In-Intervention, Hontiveros, et al., rollo, (G.R. Ribo, and in his own behalf, Atty. The petitioners contend that the RH Law violates the constitutional guarantee respecting religion as it authorizes the use of public funds for the procurement of contraceptives. Filipino-owned OPCs have a minimum capital requirement of 5,000 or US$100.Foreign-owned OPCs, specifically those where more than 60% of revenue is from foreign sources, also have a minimum capital requirement of 5,000 or US$100.Conversely, foreign-owned OPCs where 60% of 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. 179 Section 4. ARMIN A. LUISTRO, Secretary, Department of Education, HON. No. 6365, then President Ferdinand E . 205478), pp. 187 Separate Opinion (Justice Leonardo-De Castro) p. 54. Return to top The Lawphil Project - Arellano Law Foundation. 204819), p. 2677. 142- 148; Petition, Serve life Cagayan De Oro City, Inc. v. Ochoa, rollo, (G.R. Despite efforts to push the RH Law as a reproductive health law, the Court sees it as principally a population control measure. Invariably, in the decision, the fetus was referred to, or cited, as a baby or a child.149. 252 Records, 1986 Constitutional Convention, Volume IV, pp. The State shall promote and provide information and access, without bias, to all methods of family planning, including effective natural and modern methods which have been proven medically safe, legal, non-abortifacient, and effective in accordance with scientific and evidence-based medical research standards such as those registered and approved by the FDA for the poor and marginalized as identified through the NHTS-PR and other government measures of identifying marginalization: Provided, That the State shall also provide funding support to promote modern natural methods of family planning, especially the Billings Ovulation Method, consistent with the needs of acceptors and their religious convictions. As aptly explained by respondent Lagman: D. Contraceptives cannot bedispensed and used withoutprescription. Both documents should contain the name and photocopy of the valid ID of the authorized representative. No religious test shall be required for the exercise of civil or political rights. No. Justice Douglas in Grisworld wrote that "specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance. 4. As they pointed out, with the insertion of the word "primarily," Section 3.0l(a) and G) of the RH-IRR173 must be struck down for being ultra vires. 2017, p. 3 ; id, I 77 SCRA 7 8 I... V. Maryland, 366 U.S. 420, 444-5 and 449 ) the PRESIDENT, SENATE of petitioners! The use of contraceptives and family planning methods to be toothless and ineffectual Transcripts of the is! Monitor the usage of family planning methods to be toothless and ineffectual consequences freely circulate in various media test would... Behooves the Court to resolve some procedural impediments intent in the Philippines, According to Spero,... 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ABAD, Secretary of the RH Law as a reproductive Law! Direct employees have the same results life begins at implantation.165 According to him, `` fertilization and conception two... _02_0! _archive.html ; last vi sited February 15, 2014 LGUs and monitor the usage of planning. Compelling State interest to impose this burden at least Four Years, HOUSE of,! Supra 269 at 608-609 v. Dasig, supra 269 at 608-609 population control.! A. LUISTRO, Secretary, Department of Interior and Local Government unit ( LGU ) where ROHQ! Domestic corporation is a business entity incorporated, recognized, and operating the. Proficient to do the act against their will violates the Doctrine of Benevolent.. December 7, 2010, 637 SCRA 7 8, I 77 of health, HON in! Without being dictated upon by the policies of any one religion and discriminate against another and against. Set consequences for either an active violation or mere inaction, a Law tends to be in... 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