Republic of the Philippines 3.1 JUL 2013

HOUSE OF REPRESENTATIVES

SIXTEENTH CONGRESS
First Regular Session

2184

HOUSE BILL NO.

Introduced by

HON. GUSTAVO S. TAMBUNTING

EXPLANATORY NOTE

Section 12 of Article I! 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 vulnerable are the unborn?

Thus, this bill is being re-filed from the 15" 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 Ill 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 soug!

District, Paranaque City

GK

Quezon City Pepa

Prt


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

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2184

Introduced by

HON. GUSTAVO 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 2013.

SEC. 2. Declaration of Policy. - The State recognized the sanctity of family life and shall
protect and strengthen the family as a basic autonomous social institution; (Art. II, Sec. 12,
and Constitution);

The State shall equally protect the life of the mother and the life of the unborn child from
conception;

The State recognized the Filipino family including the unborn child as the foundation of the
nation and is pledged to strengthen its solidarity and actively promote its total
development;

The Filipino family's most vulnerable members are their children, including those who are
unborn;

The State recognizes the right to life as the most fundamental right of all without and from
which all other rights become meaningless;

The State recognizes that there is an urgent and compelling need to protect the unborn
child to safeguard and enhance the right to life;


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;

The humai

y of the unborn child is not just a legal principle or philosophical, moral or

ethical belief but is an established biological fact as recognized by the Constitution and
shown by the vast amount of knowledge acquired in the fields of genetics, embryology, and
fetal development;

The State recognizes the right of children including the unborn child to assistance including
proper care and nutrition, special protection from all forms of neglect, abuse, cruelty,
exploitation and other conditions prejudicial to their development;

SEC, 3. Objectives:

a)

b)

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;

It acknowledges the unborn child as a human beign 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 famil ind

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.

SEC. 4. Definition of terms. — For purposes of this Act, the following terms shall be defined
as follows

a) 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;

b) 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.

c) 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.

d) 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.

e) 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 of 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.

f) Abortive acts = abortion practiced by the woman herself or by her parents; abortion
practiced by a physician or ife dispensing of abortives; any pharmacist who,
without the proper prescription from a physician, dispensing of abortives; as it is
illegal in the Philippines and is penalized as a crime under the Revised Penal Code
(Arts, 256-259)

8) 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.

SEC, 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.

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

SEC, 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.

SEC. 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.


SEC, 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.

SEC. 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 lable to the offended party in such amount at the
discretion of the proper court.

SEC, 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.

SEC, 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.

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

Approved,