Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No8354

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
AMENDING THE PENAL CODE, ARTICLE 259 ON ABORTION

The right of the unbom child is enshrined in the Constitution, Article II, 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 be
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 bill 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.

LUIS RA) “| di ILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILLNO’ 2?)

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

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 WORKER and dispensing of 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 FURTHER, 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 [
arresto mayor ] PRISION CORRECCIONAL IN ITS MAXIMUM PERIOD and a fine not
exceeding [ 1,000 ] TWENTY THOUSAND PESOS (P20,000.00), OR IN THE CASE OF
APARTNERSHIP, 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,
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 of 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,