Republic of the Philippines .
HOUSE OF REPRESENTATIVES ~
Quezon City, Metro Manila

is

ra mic
- 2013
SIXTEENTH CONGRESS

FIRST REGULAR SESSION

House Bill No.

Introduced by Honorable Amado S. Bagatsing

EXPLANATORY NOTE

Many incidents of abortions have been reported. Fetuses have been
found in garbage cans, thrown and abandoned by their mothers only to be
discovered by unknown and concerned citizens and reported by the media.
Some never got to be discovered at all to be left sadly in the confines of
anonymity. These fetuses are the unwanted and uncared for unborn babies

who have been wantonly murdered to hide the shame of their mothers.

The 1987 Constitution in Article II, Section 12 states as a matter of
principle and state policy that the State “xxx shall equally protect the life of the
mother and the life of the unborn from conception xxx.” This bill aims to give
life to this constitutional right of the unborn to protection, to recognize the
unborn child’s basic right to life, to the protection of his or her welfare and
against acts which place the unborn child in danger of being harmed, injured
or killed, bearing in mind that the unborn child is totally incapable of

protecting itself.

This bill, likewise, seeks to amend the Revised Penal Code by adding
provisions or a clear and workable definition of abortion and abortifacients,

and classify certain medicinal formulations of abortifacients as dangerous


drugs thus making them illegal; prohibit the use, possession, manufacture,

importation, trade, promotion, dispensing, and prescription of the same.

It is also seeks to impose heavier penalties for abortive acts defined
under Articles 256, 257, 258 and 259 of the Revised Penal Code. The mother
and other persons who are expected to provide for the proper care and
nurturing of the unborn child are more seriously held liable and accountable
for any act that they may commit which are injurious or fatal to the unborn
s of

abortion to strengthen the prosecution and rehabilitation of those who may be

child, It also aims to establish a system for monitoring and reporting of cas

charged with committing offenses under our criminal laws on abortion.

Considering the lack of sensitivity and utter callousness of the persons
committing these grievous acts against helpless and innocent lives
necessitating the immediate action of this Chamber, the approval of this

measure is urgently requested

CB

AMADO S. BAGATSING
Representative
5% District, Manila


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
FIRST REGULAR SESSION

2 567

House Bill No.

Introduced by Honorable Amado S. Bagatsing

AN ACT
INCREASING THE PENALTIES AGAINST ABORTION, AMENDING FOR
THE PURPOSE ARTICLES 256,257,258 AND 259 OF THE REVISED
PENAL CODE, 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 New Anti-
Abortion Act of 2013.”

SECTION 2. Coverage.-

a. Abortion- refers to any act or practice whether done intentionally or
unintentionally, that causes the premature exit of the products of
conception (e.g. fetus, fetal membrane, placenta) from the uterus of
a woman;

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

SEC. 3. Protection Against Abortive Acts - The unborn child shall be

protected from abortive acts including the use, administration, dispensing,

injection or delivery by whatever means or substances, medicine in any


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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. 4. Prohibited Acts and Penalties. The corresponding penalties

lor the crimes of Intentional Abortion, Unintentional Abortion, Abortion

Practiced by the Woman Herself or by Her Parents, Abortion Practiced by
Physician or Midwite, and Dispensing of Abortives are hereby increased, For
this purpose, Articles 256, 257, 258 and 259 of the Revised Penal Code arc
hereby amended to read as follows:

>. Intentional abortion. - Any person who shall intentionally

“Article
Cause an abortion shall sutfer:

1, The penalty of frechusion temporal] RECLUSION PERPLTUA,
if he shall use any violence upon the person of the pregnant
woman.

The penalty of [prision mayor] RECLUSION TEMPORAL, it

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without using violence, he shall act without the consent of
the woman.

‘The penalty of prision [correecional in its medium and
maximum periods| MAYOR, if the woman shall have
consented.

“Article 257. Unintentional abortion. - The penalty of prision
{correccional] MAYOR in its minimum and medium periods shall

be imposed upon any person who shall cause an abortion by violence,
but unintentionally

“article 258. Abortion practiced by the woman herself or by her
parents. The penalty of prision |correccional]| MAYOR in its medium
and maximum periods shall be imposed upon a woman who shall
practice an abortion upon herself or shall consent that any other

person should do so


Any woman who shall commit this offense 10 conceal her
dishonor shall suiter the penalty of prision |correccional! MAYOR in its
minimum and medium periods.

if this crime be committed by the parents of the pregnant
woman or either of them, and they act with the consent of said woman
lor the purpose of concealing her dishonor, the offenders shall suffer
the penalty of prision [correccionall MAYOR in its medium and

maximum periods.

“Article 259. Abortion practiced by a physician or midwife and

dispei

sing of abortive. - ‘The penalties provided in Article 250 shall
be imposed in their maximum period, respectively, upon any
physician or midwife who, taking advantage of their scientilic

knowledge or skill, shall cause an abortion or ist in causing the

same
Any pharmacist who, without the proper prescription [rom

physician, shall dispense any abortive shall suffer [arresto mayor|

PRISION CORRECCIONAL and a fine not exceeding {1,000 pesos] ONE

SOS (P100,000,00)..

259-A. ABORTIFACIENTS AS PROHIBITED DRUGS. VOW

HUNDRED THOUSAND F
“ARTICL

PURPC

SES OF THIS ACT, ABORTIFACIENT REFERS TO ANY
DEVICE, DRUG, FORMULATION, SUBSTANCE, PRACTICE OK
PROCEDURE WHICH IS INTENDED TO OR MAY DAMAGE, INJURE,
INTERFERE WITH THE DEVELOPMENT, ENDANGER OR CAUSE THI:
DbATH OF THE UNBORN CHILD OR OTHERWISE INDUCE
ABORTION AND CAUSE THE EXPULSION OR DEATH OF THE
UNBORN CHILD. THIS TERM SHALL INCLUDE, BUT SHALL NOT
BE LIMITED TO, ANY FORMULATION, SUBSTANCES, DRUGS OR
HERBS WHICH, WHEN INGESTED, INJECTED OR IS OTHERWIS
INTRODUCED INTO A CHILD-BEARING MOTHER'S BODY, INDUC
THE ABORTION OR THE DEATH AND FORCED EXPULSION OF TIIk
“TUS FROM THE MOTHER’S WOMB, AS WELL AS PRACTICES AND.



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PROCEDURES SUCH AS ABDOMINAL MASSAGES OR #/IILOT,
SUCTION, SALINE INJECTION, HYSTERECTOMY, DILATION AND
CURRETAGE (DNC) WHEN SUCH ARE CLEARLY CARRIED OUT OR
PERFORMED TO INDUCE OR CAUSE
VALID MEDICAL OR H

ORTION AND FOR NO:

ALTH REASONS.”

Violators of this Act shall be civilly liable to the offended party in such

amount at the discretion of the court:: Provided that, ifthe offender is iu

juridical person, the penalty shall be imposed upon the President
Vreasurer, Secretary or any responsible officer; Provided, further, that a
offender who is an alien shall, after service of sentence, be deported
immediately without further proceedings by the Bureau of Immigration;
Provided, furthermore, that, an offender who is a public officer or eniploycc
shall sulfer the accessory penalty of dismissal from the government service
SEC. 5. Separability Clause. — If any provision or part hereof is held

invalid or unconstitutional, the remainder of the law or the provision not

otherwise al d shali remain valid and subsisting.

SEC. 6. 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. 7 Ejfectivity. - This Act shall take effect thirty (30) days atter its
publication in the Official Gazette.

Approved,