Legal Status
Article II of the 1987 Philippine Constitution says, in part, "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 act is criminalized by the Revised Penal Code of the Philippines, which was enacted in 1930 and remains in effect today. Articles 256, 258 and 259 of the Code mandate imprisonment for the woman who undergoes the abortion, as well as for any person who assists in the procedure, even if they be the woman's parents, a physician or midwife. Article 258 further imposes a higher prison term on the woman or her parents if the abortion is undertaken "in order to conceal dishonor".
There is no law in the Philippines that expressly authorizes abortions in order to save the woman's life; and the general provisions which do penalize abortion make no qualifications if the woman's life is endangered. It may be argued that an abortion to save the mother's life could be classified as a justifying circumstance (duress as opposed to self-defense) that would bar criminal prosecution under the Revised Penal Code. However, this has yet to be adjudicated by the Philippine Supreme Court.
Proposals to liberalize Philippine abortion laws have been opposed by the Catholic Church, and its opposition has considerable influence in the predominantly Catholic country. However, the constitutionality of abortion restrictions has yet to be challenged before the Philippine Supreme Court.
The present Constitution of the Philippines, adopted in 1987, pronounces as among the policies of the State that " shall equally protect the life of the mother and the life of the unborn from conception." (sec. 12, Art. II) The provision was crafted by the Constitutional Commission which drafted the charter with the intention of providing for constitutional protection of the abortion ban, although the enactment of a more definitive provision sanctioning the ban was not successful. The provision is enumerated among several state policies, which are generally regarded in law as unenforceable in the absence of implementing legislation. The 1987 RP Constitution also contains several other provisions enumerating various state policies. Whether these provisions may, by themselves, be the source of enforceable rights without implementing legislation has been the subject of considerable debate in the legal sphere and within the Supreme Court.
An analysis by the Population Division of the United Nations Department of Economic and Social Affairs concluded that although the Revised Penal Code does not list specific exceptions to the general prohibition on abortion, under the general criminal law principles of necessity as set forth in article 11(4) of the Code, an abortion may be legally performed to save the pregnant woman’s life.
Read more about this topic: Abortion In The Philippines
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