Republic of the Philippines
HOUSE OF REPRESENTATIVES

FIFTEENTH CONGRESS
First Regular Session

2
HOUSE BILL NO. 8667

Introduced by: HONORABLE AMADO S. BAGATSING

LANATORY NOTE

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 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 “shall equally protect the life of the
mother and the life of the unborn from conception.” 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 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, dispensing, 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 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 child, It also aims to establish a system for monitoring and
reporting of cases of abortion to strengthen the prosecution and
rehabilitation of those who may be 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.

AMADO S. BAGATSING
5% District, Manila


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

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNo.__S667

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 2010.

SEC. 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
inthe 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 mean8 or 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. 4. Prohibited Acts and Penalties. ~The corresponding penalties
for the crimes of Intentional Abortion, Unintentional Abortion, Abortion
Practiced by the Woman Herself or by Her Parents, Abortion Practiced by a
Physician or Midwife, and Dispensing of Abortives are hereby increased. For
this purpose, 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

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. r


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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, if the 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
immediaiely 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,