Republic of the Philippines
HOUSE OF REPRESENTATIVES

SIXTEENTH CONGRESS
First Regular Session

3201

HOUSE BILL NO.

Introduced by: HONORABLE AMADO S. BAGATSING

EXPLANATORY NOTE

Many incidents of abortions have been rampantly performed and
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 get to be discovered at all, sadly to
be left 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 Philippine Constitution under Article II, Section 12 states
that: “the State shall equally protect the life of the mother and the life of
the unborn from conception.” It is apparent that the State promulgates the
right to life of the unborn as a primordial duty of all citizens.

This bill aims to give flesh to this constitutional right of the unborn.
As a measure of protection, the bill recognizes the unborn child’s basic right
to life and the need to be protected against acts which pose danger to
his/her life bearing in mind that the unborn child is totally incapable of
protecting himself/herself.


To strengthen its implementation, the bill 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 will be more
seriously held liable and accountable for any act that they may commit
which will be injurious or fatal to the unborn child. Moreover, the bill
further aims to establish a system for monitoring and reporting of incidents
of abortion for the prosecution of cases and rehabilitation of those who may
be charged with committing offenses under our Revised Penal Code.

Considering the lack of human sensitivity and utter callousness of the
persons committing these grievous acts against helpless and innocent lives
it is utmost that this Chamber take action. The approval of this measure is

therefore urgently requested. a

AMADO S. BAGATSING
5 District, Manila


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

SIXTEENTH CONGRESS
First Regular Session

3201

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:

SEC. 1. Articles 256, 257, 258 and 259 of the Revised Penal Code are
hereby amended to read as follows:

“Article 256. Intentional abortion. - Any person who shall intentionally

cause an abortion shall suffer:

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

2. The penalty of [prision mayor] RECLUSION TEMPORAL, if.
without using violence, he shall act without the consent of
the woman.

3. The penalty of prision {correccional 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


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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 to conceal her
dishonor shall suffer 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
for the purpose of concealing her dishonor, the offenders shall suffer
the penalty of prision [correccional| MAYOR in its medium and
maximum periods.
“Article 259. Abortion practiced by a physician or midwife and
dispensing of abortive. - The penalties provided in Article 256 shall be
imposed in their maximum period, respectively, upon any physician or
midwife who, taking advantage of their scientific knowledge or skill,
shall cause an abortion or assist in causing the same.

‘Any pharmacist who, without the proper prescription from a
physician, shall dispense any abortive shall suffer [arresto mayor|
PRISION CORRECCIONAL and a fine not exceeding [1,000 pesos] ONE
HUNDRED THOUSAND PESOS (P100,000.00).

“ARTICLE 259-A. ABORTIFACIENTS AS PROHIBITED DRUGS.- FOR
PURPOSES OF THIS ACT, ABORTIFACIENT REFERS TO ANY
DEVICE, DRUG, FORMULATION, SUBSTANCE, PRACTICE OR
PROCEDURE WHICH IS INTENDED TO OR MAY DAMAGE, INJURE,
INTERFERE WITH THE DEVELOPMENT, ENDANGER OR CAUSE THE
DEATH 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 OTHERWISE

INTRODUCED INTO A CHILD-BEARING MOTHER'S BODY, INDUCES

THE ABORTION OR THE DEATH AND FORCED EXPULSION OF THE

FETUS FROM THE MOTHER'S WOMB, AS WELL AS PRACTICES AND

PROCEDURES SUCH AS ABDOMINAL MASSAGES OR HILOT,

SUCTION, SALINE INJECTION, HYSTERECTOMY, DILATION AND

CURRETAGE (DNC) WHEN SUCH ARE CLEARLY CARRIED OUT OR

PERFORMED TO INDUCE OR CAUSE ABORTION AND FOR NO

VALID MEDICAL OR HEALTH 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 a
juridical person, the penalty shall be imposed upon the President,
‘Treasurer, Secretary or any responsible officer; Provided, further, that an
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 employee
shall suffer 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 affected shall 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 Effectivity. ~ This Act shall take effect thirty (30) days after its
publication in the Official Gazette.

Approved,