FIFTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
) 
SENATE 
S.B. No. 
2887 
'11 
JUL 12 mo :43 
Introduced by SENATOR MANNY VILLAR 
EXPLANATORY 
Many incidents of abortions have been reported lately. 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 
and 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 "shall equally protect the life of the mother and the life of the 
unborn from conception." This bill aims to breathe 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. 
This bill likewise seeks to amend the Revised Penal Code by adding provisions for 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, and prescription of the same. It 
also seeks to impose heavier penalties for abortive acts defined under Articles 256, 257, 
258 and 259 of the Revised Penal Code. 
The immediate action of the Chamber anent this legislation is earnestly 
recommended. 
MANNY VI LAR 
o 


FIFTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
) 
SENATE 
S.B. No. 2887 
Introduced by SENATOR MANNY VILLAR 
AN ACT 
'11 
JUL 12 
f,1O:4 3 
TO FURTHER STRENGTHEN THE PROTECTION OF UNBORN CHILD FROM 
ABORTION AND OTHER ABORTIVE ACTS, 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: 
1 
SECTION 1. Short Title. - This Act shall be known as the New Anti Abortion Act of 2011. 
2 
SECTION 2. - Coverage:. -
3 
a. Abortion -
refers to any act or practice whether dine intentionally or 
4 
unintentionally, that causes the premature exit of the products of conception (e.g. 
s 
fetus, fetal membrane, placenta) from the uterus of a woman; 
6 
b. Abortive acts - refers to abortion practiced by the woman herself or by her 
7 
parents; abortion practiced by a physician or midwife dispensing of abortive; any 
8 
pharmacist who, without the proper prescription from a physician, dispenses of 
9 
abortive; as it is illegal in the Philippines and is penalized as a crime under the 
10 
Revised Penal Code (Arts. 256-259) 
11 
SECTION 3. Protection Against Abortive Acts. -
The unborn child shall be 
12 
protected from abortive acts including the use, administration, dispensing injection or 
13 
delivery by whatever means or substances, medicines in any form, or practices such as 
14 
messages, which are hereby declared as abortifacients, which cause or may recklessly 
15 
endanger or expose the unborn child to damage, injury or death, whether committed by 
16 
their mother, a physician or other person, intentionally or not, with or without consent of the 
17 
mother, or committed with or without violence. 
18 
SECTION 4. Prohibited Acts and Penalties. - The corresponding penalties for the 
19 
crimes of Intentional Abortion, Unintentional Abortion, Abortion Practiced by Women Herself 
20 
or by Her Parents, Abortion Practiced by a Physician or Midwife, and Dispensing of 
21 
Abortives are hereby increased. For this purpose, Articles 256, 257, 258 and 259 of the 
22 
Revised Penal Code are hereby amended to read as follows: 
1 


1 
"Article 256. Intentional abortion. - Any person who shall intentionally cause an 
2 
abortion shall suffer: 
3 
1. The penalty of [reclusion temporal] RECLUSION PERPETUA. If he shall 
4 
use any violence upon the person of the pregnant woman. " 
5 
2. The penalty of [prision mayor] RECLUSION TEMPORAL., if without using 
6 
violence, he shall act without the consent of the woman. 
7 
3. The penalty of prison [correctional in its medium and maximum periods] 
8 
MAYOR, if the woman shall have consented. 
9 
"Article 257. Unintentional abortion - The penalty of prision [correctional] MAYOR in 
10 
its minimum and medium periods shall be imposed upon any person shall cause an 
11 
abortion by violence, but unintentionally. 
12 
"Article 258. Abortion practiced by the woman herself or by her parents. -
The 
13 
penalty of prision [correccional] MAYOR in its medium and maximum periods shall 
14 
be imposed upon a woman who shall practice an abortion upon herself or shall 
15 
consent that any other person should do so. 
16 
Any woman who shall commit this offense to conceal her dishonor shall suffer 
17 
the penalty of prision [correccional] MAYOR in its minimum and medium periods. 
18 
If this crime be committed by the parents of the pregnant woman or either of 
19 
them, and they act with the consent of said woman for the purpose of concealing her 
20 
dishonor, the offenders shall suffer the penalty of prision [correccional MAYOR in its 
21 
medium and maximum periods. 
22 
"Articles 259. Abortion practiced by a physician or midwife and dispensing of 
23 
abortive. - The penalties provided in Article 256 shall be imposed in their maximum 
24 
period, respectively, upon any physician or midwife who, taking advantage of their 
25 
scientific knowledge or skill, shall cause an abortion or assist in causing the same. 
26 
Any pharmacist who, without the proper prescription from a physician, shall 
27 
dispense any abortive shall suffer [arresto mayor] PRISION CORRECCIONAL, and 
28 
a fine not exceeding [1,000 pesos] ONE HUNDRED THOUSAND PESOS (P100, 
29 
000.00). 
30 
"ARTICLE 259-A. ABORTIFACIENTS AS PROHIBITED DRUGS. FOR PURPOSES 
31 
OF 
THIS 
ACT, 
ABORTIFACIENT 
REFERS 
TO 
ANY 
DEVICE, 
DRUG, 
32 
FORMULATION, 
SUBSTANCE, 
PRACTICE 
OR 
PROCEDURE 
WHICH 
IS 
33 
INTENDED 
TO 
OR 
MAY 
DAMAGE, 
INJURE, 
INTERFERE WITH 
THE 
34 
DEVELOPMENT, ENDANGER OR CAUSE THE DEATH OF THE UNBORN CHILD 
35 
OR OTHERWISE INDUCE ABORTION AND CAUSE THE EXPULSION OR DEATH 
36 
OF THE UNBORN CHILD. THIS TERM SHALL INCLUDE. BUT SHALL NOT BE 
37 
LIMITED TO, ANY FORMULATION, SUBSTANCES, DRUGS OR HERBS WHICH, 
38 
WHEN INGESTED, INJECTED OR IS OTHERWISE INTRODUCED INTO A CHILD-
39 
BEARING MOTHER'S BODY. INDUCES THE ABORTION OR THE DEATH AND 
40 
FORCED EXPULSION OF THE FETUS FROM THE MOTHER'S WOMB, AS WELL 
41 
AS PRACTICES AND PROCEDURES AS ABDOMINAL MASSAGES OR HILOT, 
42 
SUCTION, SALINE INJECTION, HYSTERECTOMY, DILATION AND CURETAGE 
43 
(ON C) WHEN SUCH ARE CLEARLY CARRIED OUT OR PERFORMED TO 
44 
INDUCE OR CAUSE ABORTION AND FOR NO VALID MEDICAL OR HEALTH 
45 
REASONS." 
46 
Violators of this Act shall be civilly liable to the offended party in such amount at the 
47 
discretion of the court:: Provided that, if the offender is a juridical person, the penalty shall 
48 
be imposed upon the President, Treasurer, Secretary or any responsible officer; Provided, 
49 
further, that an offender who is an alien shall, after service or sentence, be deported 
2 


1 
immediately without further proceedings by the Bureau of Immigration, Provided, 
2 
furthermore, that. An offender who is a public officer or employee shall suffer the accessory 
3 
penalty of dismissal from the government service. 
4 
SECTION 5. Separability Clause. - If any provision or part hereof is held invalid or 
5 
unconstitutional, the remainder of the law or the provision not otherwise affected shall 
6 
remain valid and subsisting. 
7 
SECTION 6. Repealing Clause. - All other laws, decrees, orders, issuances, rules 
8 
and regulations contrary to or inconsistent with the provisions of this Act are hereby 
9 
repealed, amended or modified accordingly. 
10 
SECTION 7 Effectivity. -
This Act shall take effect thirty (30) days after its 
11 
publication in the Official Gazette. 
12 
Approved, 
13 
14 
15 
16 
3