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Republic of the Philippines
HOUSE OF REPRES! NTATIVES
Quezon

Sixteenth Ci
First Regular S

Introduced by Honorable AMADO S. BAGATSING

EXPLANATORY NOTE

The Philippines, a country composed of a predominant Christian population,
could rightfully claim that it has one of the most comprehensive constitutions in the
world, which provides for the protection of human rights, and principally the right to
lite

It recognizes the sanctity of family life and mandates that the State shall
equally protect the life of the mother and the life of the unborn from conception, as.
embodied under Section 12 Article II, Declaration of Principles and State Policies of
the Constitution,

Yet sixteen (16) years from the adoption of the Constitution in 1987, there is a
glaring absence of an implementing law that guarantees the protection of the unbom.
With the proliferation of drugs, medical supplies and appliances that are aimed at
removing the fetus from the mother’s womb, the State has remained silent in
recognizing the threat placed by society on the life of the unborn.

This bill aims to address this dilemma, It recognizes that the unborn has a
basic right to life and therefore should be extended the mantle of legal recognition
and protection. Thus, it addresses the threats of abortion and the use of abortifacients,
and explains the concept of fetal development, as well as the juridical and legal
personality of the unborn.

The author hopes that with the passage of this measure the life of the innocent
unborn will finally receive the recognition and protection by the State that has long
been overdue.

‘The immediate passage of this bill is therefore urgently requested.

AMADO S. BAGATSING
5" District of Manila



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

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.2002

Introduced by Honorable AMADO S. BAGATSING

AN ACT
PROVIDING FOR THE PROTECTION
OF THE UNBORN CHILD AND FOR OTHER PURPOS

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. — Act shall be known as the Protection of the Unborn
Child Act of 2013,

SEC. 2. Declaration of Polic
shall protect and strengthen the family as a basic autonomous social institution; (Artic!

Sec. 12, of the 1987 C

~ The State recognizes the sanctity of family life and
I,

stitution);

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

‘The State recognizes 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:


amen

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

‘The humanity 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)

from the moment of conception and during all stages of development while inside the

is act aims to promote the safety, protection and welfare of the unborn child

mother’s womb;

) It 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;

d) 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.
SEC. 4. Definition of Terms.

defined as follows:

For purposes of this Act, the following terms shall be

a. Unborn — refers to a developing human being at any stage of his/her 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 that 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 uterus,


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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,

, Abortion — refers to 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 childs

£, Abortive acts ~ refers to an abortion committed by the following person/s. which
are illegal and considered a crime in the Philippines and penalized under Articles
236-259 of the Revised Penal Code such as that practiced by the woman herself

abortion practiced by a physician or midwife in the dispensing

prescription from a physician, dispenses the abortive.

g. Abortifacient ~ refers to any device, medicine, substance, or 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 by and attaches to the
unbom child from the moment of conception.
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, Juridical Capacity of the Unborn Child. - The unborn child shall have the

juridical capacity to be subject of legal relations which is inherent in every natural person,

including the unborn child from the moment of conception, and is lost only through death.

SEC. 6. Civil Personality of the Unborn Child. - The unborn child is considered a

human being possessed of civil personality from the moment of conception. Subsequent birth


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is not a condition for the attachment of civil personality and for the conferment or enjoyment
of rights, including the right of succession, and obligations as well as all purposes favorable
to it,

SEC. 7. Human Rights of the Unborn Child. - The unborn child shall possess and
enjoy all human rights that are conferred to other persons by law and. shall be entitled first
and foremost to the right to life, safety and protection while still in the mother’s womb.

SEC. 8. 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
declared as abortifacients and which may cause or 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, 9, 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,

\ge, during the natural process of growth of the fertilized ovum,

surgical or abdominal mass:
SEC. 10. 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. 11. 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
od for

the same shall be penalized with penalties that are one degree higher than those pro

in the said laws.

SEC. 12. Penalties. ~The proper city or municipal court shall exercise jurisdiction
over violations of this Act and 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 a juridical person, the



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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.

SEC. 13. 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. 14. 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.15 ffectivity. ~ This Act shall take effect fifteen (15) days after its publication

in at least two (2) newspapers of national circulation,

Approved,