Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

~ 60)
HOUSE BILL NO. 5228

Introduced by HON. GUS S. TAMBUNTING

EXPLANATORY NOTE

Section 12 of Article II of the 1987 Constitution has declared as State Policy the
recognition of the sanctity of family life and mandating the state to protect and
strengthen the family as a basic autonomous social institution. In the same manner,
the Constitution equally protects the life of the mother but more importantly the life
of the unborn from conception.

Every child is dubbed by our national hero, Dr. Jose Rizal, as the hope of our
nation. However, how can a hope even blossom when the right of a budding life is not
protected from its onset? Indeed, children as well as women are already considered
as one of the most vulnerable sector in the society. In such a case, how much more
vulnerable are the unborn?

Thus, this bill is re-filed from the 16" Congress in continuing the stance of pro-
life advocates in the protection of the unborn. This moral and legal obligation should
become a priority notwithstanding the postulate of our Constitution in guaranteeing
the right to life such that no one shall be deprived of life without due process of law.
(Section 1, Article III of the 1987 Constitution) Hence, this bill defines who is the
unborn and when life begins, further, it evokes the unborn child possesses human
rights and that the life of the unborn child is of utmost priority. In addition, it
guarantees the protection and safety of the unborn more particularly against
abortifacients. This protection extends from conception as it is when life has deemed
‘to have begun.

Thus, the passage of this bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS.
First Regular Session

HOUSE BILL NO. 5228

Introduced by HON. GUS S, TAMBUNTING

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 2017.

SECTION 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. As stated in Article II, Section 12, of the Philippine Constitution: The State
recognizes the sanctity of family life and shall protect and strengthen the family as a
basic autonomous social institution. It shall equally protect the life of the mother and
the life of the unborn from conception. The natural and primary right and duty of
parents in the rearing of the youth for civic efficiency and the development of moral
character shall receive the support of the Government.

It recognizes the Filipino family including the unborn child as the foundation of
the nation and pledges to strengthen its solidarity and actively promote its total
development. It recognizes the right to life as the most fundamental right of all without.
and from which all other rights become meaningless.

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

SECTION 3. Objectives. - The following are the objectives of this bill:

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)

©)

qd)

e)

Tt 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;

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

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.

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

a)

b)

¢

qd)

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

Conception / Fertilization - refers to the precise moment 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 the mother.

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.

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.

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.

Abortive acts - abortion practiced by the woman herself or by her parents;
abortion practiced by a physician or midwife dispensing abortives; any
pharmacist who, without the proper prescription from a physician, dispenses


abortives; as it is illegal in the Philippines and is penalized as a crime under the
Revised Penal Code (Acts. 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.

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

SECTION 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.

SECTION 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 of 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, without
consent of the mother, or committed with or without violence.

SECTION 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.

SECTION 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.

SECTION 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.


SECTION 10. Penalties. - The proper city or municipal court shall exercise
jurisdiction over violations of this Act 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 (P10,000.00) to Fifty Thousand Pesos (P50,000.00)
or both such fine and imprisonment at the discretion of the court. If the offender is
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.

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

SECTION 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.

SECTION 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.

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

Approved,