HOUSE OF REP! TATIVES

RECEIVED
01 AUG 2016
DATE:

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FeISTRATION UNIT
XD iNDEX SERVICE

Introduced by Representative GLORIA MACAPAGAL ARROYO

CONGRESS OF THE PHILIPPINES:
SEVENTEENTH CONGRESS
First Regular Session

HOUSE OF REPRESENTATIVES
House Bill No..

EXPLANATORY NOTE

The Philippines can rightfully claim that it has one of the most comprehensive
Constitutions in the world for the protection of human rights. This is especially so
because it recognizes that life begins from the moment of conception and mandates
that the state shall equally protect the life of the mother and the child from conception
‘And yet, 26 years from its adoption in 1987, there is a glaring absence of an
implementing law that will ensure the protection of the unborn

This law aims to remedy that oversight by recognizing that the unborn has a
basic right to life and by extending the mantle of legal recognition and protection to it.
Thus, basic concepts and principle of fetal development are defined and clarified for the
protection of the unborn.

It is earnestly hoped that with its passage, the unborn will finally receive the
recognition and protection that is long overdue.

In view of the foregoing, the immediate passage of this measure is earnestly
sought.

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REP. GLORIA MACAPAGAL ARROYO
24 District, Pampanga



CONGRESS OF THE PHILIPPINES
SEVENTEENTH CONGRESS
First Regular Session

HOUSE OF REPRESENTATIVES
House Bill No.

Introduced by Representative GLORIA MACAPAGAL ARROYO.

AN ACT PROVIDING FOR THE SAFETY AND PROTECTION OF THE UNBORN
CHILD AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the Protection of the
Unborn Child Act of 2013.

SEC.2. Declaration of Policy. - The State recognizes the sanctity of family life
and shall protect and strengthen the family as a basic autonomous social institution;
(Art. 11, Sec. 12, and Constitution);

The State shall equally protect the life of the mother and the life of the unborn
child from conception;

The State recognizes the Filipino family including the unborn child as the
foundation of the nation and is pledged to strengthen its solidarity and actively promote
its total development;

The Filipino family’s most vulnerable members are either children, including
those who are unborn;

The State recognizes the right to life as the most fundamental right of all without
and from which all other rights become meaningless,

The State recognizes that there is an urgent and compelling need to protect the
unborn child to safeguard and enhance the right to life;

The Constitutional and natural right to life and protection of the unborn child is an
absolute value and norm that cannot be repealed by ordinary legislation, now or in the
future;

The humanity of the unborn child is not just a legal principle or philosophical,
moral or ethical belief but is an established biological fact as recognized by the
Constitution and shown by the vast amount of knowledge acquired in the fields of
genetics, embryology, and fetal development;

The State recognizes the right of children including the unborn child to assistance
including proper care and nutrition, special protection from all forms of neglect, abuse,
cruelty, exploitation and other conditions prejudicial to their development.

SEC.3. Objectives:

a) This act aims to promote the safety, protection and welfare of the
unborn child from the moment of conception and during all stages of
development while inside the mother's womb;

b) It acknowledges the unborn child as a human being with human
personality and extends the mantle of legal protection to the child from
the moment of conception;


¢) It ensures that the delivery of health services to the mother during
pregnancy shall be done without prejudice to the unborn child;

d) It promotes and advances the maturity of the unborn child as a
welcome addition and asset of the family; and

e) It aims to enhance the health of the mother by avoiding means that
may adversely affect the viability of the unborn child in all stages of its
maturity.

SEC.4. Definition of Terms. — For purposes of this Act, the following terms
shall be defined as follows:

a. Unborn - refers to a child at any stage of existence and development
beginning from the union of the sperm and the egg until the birth stage;

b. Conception/Fertilization — refers to the precise moment that the sperm
fertilizes the egg, which is when a new life is formed distinct in his/her
existence and genetic make-up from both the father and mother;

c. Implantation — refers to that stage of the development of the human life which
takes place around five days after fertilization when the fertilized egg is
implanted in the ovum;

d. Fetal Development — refers to the scientifically established development
process of the beginning of human life from the union of the sperm and egg
until the birth of the child that at no point during this time we could say that
this was not a human life, with the changes occurring between fertilization,
implantation, a six-week embryo, a six-month fetus until birth;

e. Abortion — any act or practice whether done intentionally or unintentionally,
such as through hilot (or abdominal massage) administration of certain
medicines or herbal concoctions, suction, hysterectomy saline injection,
various formulations of the Morning After Pill or Levonorgestrel or other
similar means or device, and substances whether used singly or in
combination with other substances, that cause or recklessly endanger or
result in injury, damage, expulsion, interference in the natural development of
the fetus, or death of the unborn child;

f. Abortive Acts — abortion practiced by the woman herself or by her parents;
abortion practice by a physician or midwife dispensing of abortive; any
pharmacist who, without the proper prescription from a physician, dispenses
of abortive; as it is illegal in the Philippines and is penalized as a crime under
the Revised Penal Code (Arts. 256-259);

g. Abortifacient - is any device, medicine, substance, practice which may
damage, injure, interfere or recklessly endanger or cause the expulsion or
death of the unborn child;

h. Human Personality - refers to the status that is gained and attaches to the
unborn child from the moment of conception; and

i. Parental Right - refers to the rights of the parents to give consent when
minors are involved in any decision or disposition relating to the unborn at any
stage of the development.

SEC.5. Human Rights of the Unborn Child. - The unborn child shall possess
and enjoy all human rights that are conferred to other persons by law, it shall be entitled
first and foremost to the right to life, safety and protection while still in the mother's
womb.

SEC.6. Protection Against Abortive Acts. - The unborn child shall be
protected from abortive acts including the use, administration, dispensing, injection or
delivery by whatever means of substances, medicines in any form, or practices such as
massages, which are hereby declared as abortifacients which cause or may recklessly
endanger or expose the unborn child to damage, injury or death, whether committed by
the mother, a physician or other person, intentionally or not, with or without consent of
the mother, or committed with or without violence.

SEC.7. Extent of Protection. - The unborn child shall be protected from the
moment of conception from all outside intervention, including, but not limited to,


intentional intervention that could be medically considered as abortive whether through
chemicals, surgical or abdominal massage, during the natural process of growth of the
fertilized ovum.

SEC.8. Parental Right and State Power Over the Unborn Child. - The rights
of parents of a minor with an unborn child shall be superior to that of the state in all
instances involving the safety, protection and welfare of the unborn child and the
mother, and shall not be affected by social stigma, laws, regulations, government policy
considerations, health, racial or religious concerns.

SEC.9. Prohibited Acts and Penalties. - The acts constituting abortion,
intentional abortion and similar acts as the same are defined and penalized in Arts. 255
to 259 of the Revised Penal Code and shall constitute and be deemed as prohibited
acts under this Act but the same shall be penalized with penalties that are one degree
higher than those provided for in the said laws

SEC.10. Penalties. - The proper city or municipal court shall exercise
jurisdiction over violations of this Act and the accused who is found guilty shall be
sentenced to an imprisonment ranging from one (1) month to six (6) months or a fine
ranging from Ten Thousand Pesos (P 10,000.00) to Fifty Thousand Pesos (P50,000) or
both such fine and imprisonment at the discretion of the court. If the offender is a
juridical person, the penalty shall be imposed upon the president, treasurer, secretary or
any responsible officer. An offender who is an alien shall, after service of sentence, be
deported immediately without further proceedings by the Bureau of Immigration. An
offender who is a public officer or employee shall suffer the accessory penalty of
dismissal from the government service.

Violations of this Act shall be civilly liable to the offended party in such amount at the
discretion of the proper court,

SEC.11. Separability Clause. - If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.

SEC.12. Repealing Clause. - All other laws, decrees, orders, issuances, rules
and regulations contrary to or inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.

SEC.13. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of national circulation,

Approved,