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FOURTEENTH CONGRESS OF THE REPUBLIC) 
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OF THE PHILIPPINES 
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First Regular Session 
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S.B.No. SENATS 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The right of the unborn child is enshrined in the Constitution, Article 11, Section 12. This 
State policy strengthens our ”commitment to the protection of life, even in its incipient stage.” 
This principle is further translated into a specific state policy in Article 3(1) of Presidential 
Decree 603, also known as the Child and Youth Welfare Code. This reads, “Every child is 
endowed with dignity and worth of a human being from the moment of his conception, as 
generally accepted in medical parlance, and has, therefore, the right to he born well.” 
Lately, State authorities have noted the rampant incidence of abortions in the country. 
These incidents have been administered by physician, midwives, nurses and other health 
workers, complemented by the distribution, sale and dispensation by pharmacists of abortifacient 
devices. These acts completely undermine the State’s policy which seeks to safeguard the well- 
being of the unborn. 
This bill proposes to put more teeth to the Constitutional ban on abortion by providing 
that the penalties imposed by law be meted in their maximum and by imposing the additional 
penalty of perpetual loss of license to practice their profession by the guilty individuals. To 
encourage the reporting of violations of law, the hill exempts a woman on whom the abortion 
was performed from criminal prosecution in exchange for her testimony against the physician, 
midwife, nurse or health worker concerned.* 
* This bill was originally filed during the Thirteenth Congress, First Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
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First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDING THE PENAL CODE, ARTICLE 259 ON ABORTION 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. The Penal Code, Article 259 is amended to read as follows: 
Article 259. Abortion practiced by a physician, midwife, NURSE OR ANY 
OTHER HEALTH WORJCER and dispensing o f  abortives OR ABORTIFACIENTS - 
The penalties provided in Article 256 shall be imposed in their maximum period, 
respectively: PROVIDED, THE ADDITIONAL PENALTY OF PERPETUAL LOSS OF 
LICENSE TO PRACTICE PROFESSION, SHALL BE IMPOSED upon any physician, 
midwife, NURSE OR HEALTH WORKER who, taking advantage of their scientific 
knowledge or skill, shall cause an abortion or assist in causing the same; PROVIDED 
FCJRTI-IER, THAT, [ Any pharmacist who, without the proper prescription from a 
physician, shall dispense] ANY PERSON WHO SHALL PRODUCE, SELL, DISPENSE 
OR OTHERWISE DISTRIBUTE WHETHER FOR OR WITHOUT CONSIDERATION, 
any abortive DEVICE shall suffer [ arrest0 mayor J PRZSION CORRECCIONAL IN ITS 
MAXIMUM PERIOD and a fine not exceeding [ 1,000 ] TWENTY THOUSAND 
PESOS (P20,000.00), OR IN THE CASE OF A PARTNERSHP, CORPORATION, OR 
ASSOCIATION, 
THE 
OFFICERS, 
DIRECTORS 
OR 
OTHER 
PERSONS 
RESPONSIBLE FOR ITS OPERATION OR ADMINISTRATION, UNLESS PROVEN 
THAT THEY HAVE TAKEN NO PART IN THE COMMISSION OF THE OFFENSE, 
SHALL SUFFER THE SAME PENALTY; PROVIDED FINALLY, THAT ANY 
WOMAN UPON WHOM ABORTION WAS PRACTICED BY ANY PHYSICIAN, 
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MIDWIFE, NURSE OR HEALTH WORKER SHALL BE EXEMPT FROM 
CRIMINAL PROSECUTION FOR INTERNATIONAL ABORTION IN THE EVENT 
THAT SHE AGREES TO TESTIFY AGAINST THE PHYSICIAN, MIDWIFE, NURSE 
OR HEALTH WORKER CONCERNED. 
SECTION 2. A new paragraph, entitled Article 259-A, shall be added to read as follows: 
Article 259-A. DEFINITION OF TERMS. As used in this Act, the following 
shall mean: 
(1) AN ABORTIVE OR AN ABORTIFACIENT REFERS TO ANY AGENT 
THAT CAUSES ABORTION, AND 
(2) AN ABORTIVE DEVICE REFERS TO ANY DEVICE USED TO EXPEL 
OR EXTRACT ALL PARTS OF THE PLACENTA OR THE MEMBRANE 
WITHOUT AN IDENTIFIABLE FETUS, OR A LIVEBORN INFANT, OR 
A STILLBORN INFANT WEIGHING THAN 500 GRAMS. 
SECTION 3. 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 4. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with the provision o€ this Act is hereby repealed, modified or amended accordingly. 
SECTION 5. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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