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THIRTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
First Regular Session 
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S E N A T E  
Introduced by Senator S. R. OsmeAa Ill 
EXPLANATORY NOTE 
Article II, Section 12 of the Constitution enshrines the Filipino people’s 
respect for life, as it mandates the State to “protect the life of the mother and the 
life of the unborn from concepfion.” 
There is no ambiguity in this Constitutional mandate. It is re-enforced by 
Presidential Decree No. 603, otherwise known as the Child and Youth Welfare 
Code, which states that “every child is endowed with the dignity and worth of a 
human being from the momenf of his concepfion, as generally accepted in 
medical parlance, and has therefore the right to be born well.” 
The state’s obligation to uphold the right of the unborn is underscored by 
the fact that a person is most defenseless while he rests in his mother’s womb, 
totally dependent on his mother for the nurturing and protection. A society that 
can countenance the killing of babies in their mothers’ wombs, loses its moral 
ascendancy to protest against the murder and killing of persons who are well 
able to defend themselves. 
Yet, the enforcement of the right of the unborn against abortion continues 
to be weak. In fact, certain agencies of the government itself, in promoting the 
government policy on population control have been known to promote the use of 
abortifacient drugs and Intrauterine Devices (IUD) which work abortively by 
interfering with the implantation of a fertilized ovum in the mother’s womb, or by 
interrupting pregnancy after implantation. 
In furtherance of the Constitutional mandate against abortion, this bill 
proposes to regulate the use, production, sale, distribution or dispensation of 
abortive drugs and prohibiting the use, production sale, distribution or 
dispensation of abortive devices, defining the same, providing penalties therefor . 
Likewise, this bill proposes to raise the penalty for the crime of intentional 
abortion from the present prision correccional in its maximum period (with the 
range of 4 years, 2 moths and 1 day to 6 years) to prision mayor in its maximum 
period with the range of I 0  years and 1 day to 12 years. 
Moreover, the 
accessory penalty is raised from mere suspension of the license to practice 


medicine or midwifery during the period of sentence to perpetual loss of license, 
amending for the purpose the Revised Penal Code of the Philippines. 
In view of the foregoing, early passage of this bill is earnestly requested. 
k, 
SERGIO OSMENA Ill 
Senator 
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THIRTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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First Regular Session 
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S E N A T E  
S. No. 
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319 
Introduced by Senator S. R. Osmeiia 111 
AN ACT 
REGULATING THE 
USE, 
PRODUCTION, SALE, 
DISTRIBUTION 
OR 
DISPENSATION OF ABORTIVE DRUGS AND PROHIBITING THE USE, 
PRODUCTION, SALE, DISTRIBUTION OR DISPENSATION OF ABORTIVE 
DEVICES, DEFINING THE SAME, PROVIDING PENALTIES THEREFOR AND 
AMENDING FOR THE PURPOSE THE REVISED PENAL CODE OF THE 
PHILIPPINES AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. 
Short Title. - This Act shall be known as the “Anti- 
2 Abortive Drugs and Devices Act of 2004.” 
3 
SEC. 2. Definition of Terms. - (a) “Abortive Drug” shall be defined as 
4 any medicine, drug, chemical, or potion that acts to or has potential either to 
5 
interfere with the implantation of the fertilized ovum onto the mother’s womb or to 
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interrupt pregnancy after implantation. It shall include but not be limited to such 
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groups of abortive drugs as the Oral Contraceptives, Prostaglandins (not to be 
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confused with Prostaglandins with beneficial use) and Antiprogesterones. 
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(b) ‘ I  Abortive Device” shall be defined as any instrument, device, material 
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or agent introduced into the female reproductive system whose primary 
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mechanism of a,cfion is either to interfere with the implantation of the fertilized 
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ovum onto the mother’s womb or interrupt pregnancy after implantation. It shall 
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include but shall not be limited to Intra-uterine Devices (IUDs). 
14 
SEC. 3. No abortive drug shall be sold, distributed or dispensed except 
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through a prescription issued by a licensed physician 


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SEC. 4. No physician shall prescribe any abortive drug for any person 
unless her physical or physiological condition justifies its use for therapeutic 
purposes. 
SEC. 5. All manufacturers of drugs shall label all abortive drugs or 
chemicals they produce, indicating therein that such drugs have “abortifacient 
potentia I. 
’I 
SEC. 6. Any person who is found to have violated Section 3,4, and 5 shall 
be punished with imprisonment of not less than six (6) months and a fine of not 
more than 5,000 pesos: Provided, That if the offender is a physician or 
practitioner, he shall suffer the additional penalty of the revocation of his license 
to practice his profession. 
SEC. 7. Article 256 of the Revised Penal Code is hereby amended to read 
as follows: 
“Any person who shall intentionally cause an abortion, EITHER BY 
ADMINISTERING ANY ABORTIVE DEVICE OR BY OTHER MEANS, 
shall suffer: 
1. 
The penalty of reclusion temporal, if he shall use any violence upon 
the person of the pregnant woman. 
The penalty of prision mayor, if, without using any violence, he shall 
act without the consent of the woman. 
The penalty to prision correccional in its medium and maximum 
periods, if the woman shall have consented.” 
2. 
3. 
SEC. 8. Paragraph 1 of Article 258 is hereby amended to read as follows: 
“The penalty of prision correccional in its medium and maximum periods 
shall be imposed upon any woman who shall practice an abortion upon herself, 
EITHER THROUGH THE USE OF ANY ABORTIVE DEVICE OR BY OTHER 
MEANS, or shall consent that any other person should do so.” 
SEC. 9. Article 259 of the same Code is hereby amended to read as 
follows: 
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[ARTICLE 259. 
Abortion practiced by a physician or 
midwife and dispensing of abortives. - 
The penalties provided in article 
256 shall be imposed in its 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 arresfo mayor and a 
fine not exceeding 1,000 pesos.] 
“ANY PHYSICIAN, MIDWIFE, NURSE OR ANY OTHER HEALTH 
WORKER, 
WHO, 
TAKING 
ADVANTAGE 
OF 
HIS 
SCIENTIFIC 
KNOWLEDGE OR SKILL, SHALL CAUSE OR ASSIST IN CAUSING AN 
ABORTION, EITHER BY ADMINISTERING ANY ABORTIVE DEVICE OR 
BY OTHER MEANS, SHALL SUFFER THE PENALTY OF PRlSlON 
MAYOR IN ITS MAXIMUM PERIOD AND THE ADDITIONAL PENALTY 
OF THE REVOCATION OF HIS LICENSE TO PRACTICE HIS 
PROFESSION. 
ANY PERSON, PARTNERSHIP OR CORPORATION WHO SHALL 
PRODUCE, 
SELL, 
DISPENSE 
OR 
OTHERWISE 
DISTRIBUTE 
WHETHER FOR OF WITHOUT CONSIDERATION, ANY ABORTIVE 
DEVICE SHALL SUFFER ARREST0 MAYOR IN ITS MAXIMUM PERIOD 
AND A FINE NOT EXCEEDING 5,000 PESOS.” 
SEC. 11. If the offender is a foreigner, his Philippine visa shall be 
cancelled and he shall be deported without further proceedings after serving his 
sentence. 
SEC. 12. Any woman upon whom abortion was practiced by any 
physician, midwife, nurse, or any other health worker, shall be exempt from 
criminal prosecution for intentional abortion in the event that she agrees to testify 
28 
against the physician, midwife, nurse or the health worker concerned 
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See. 73. Effectivity Clause. - This Act shall take fifteen (1 5) days after its 
publication in two (2) national newspapers of general circulation. 
Approved,