Introduced by Senator Mirlam Defensor Santlago 
EXPLANATORY NOTE 
The right of the unborn is enshrined in Article 2, Section 12’0f the Constitution, 
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, 
para. 1 of.Presidential Decree 603, also known as the Child and Youth Welfare Code. This 
reads, “Eveiy child is endowed with dignity and worth of a human being fiom the momenl 
of his conception, as generally accepted in medical parlance, and has, therefore, the right 
to be horn 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 the 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. 


Introduced by Senator Vlil.iam Defensor Santiago 
. 
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ACT AMENDING TI% PENAL CODE. ARTICLE 259 
Be it enacted by the Senate mid the House of Representatives ofthe Philippines in 
Coiigress assembled: 
SECTION 1. ThePenal Code, Article 259 is amended io read as follows: 
Article 259. 
Abortion practiced by a physician, midwife, NURSE OR 
ANY 
OTHER 
HEALTH 
WORIGR 
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, NURSEOR HEALTH WORKER who, taking 
advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing 
thesame; 
PROVIDED FURTHER, THAT, [ Any pharmacist who, without the 
proper prescription from a physician kom a physician, shall dispense] ANY PERSON 
WHO SHALL PRODUCE, SELL, DISPENSE OR OTHERWISE DISTRIBUTE 
WIlETHER FOR OR WITHOUT CONSIDERATION, any abortive DEVICE shall suffer 
[arresto mayor] PlUSION CORRECTIONAL IN ITS MAXIMUM PERIOD and a fine not 
exceeding [1,000] TWENTY THOUSAND PESOS (P20,000.00), OR IN THE CASE OF 
A 
PARTNERSHIP, 
CORPORATION, 
ORASSOCIATION, 
THE 
OFFICERS, 
DIRECTORS OR OTHER PERSONS RESPONSBLE 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 QHOM ABORTION WAS 
PRACTICED BY ANY PHYSICIAN, MIDWIFE OR, NURSE OR HEALTH WOMER 
SHALL BE EXEMPT FROM CRlMlNAL PROSECUTION FOR INTERNATIONAL 


, 
BORTION W THE SEVEN THAT SHE AGREES TO TESTIFY AGAINST TI% 
PHYSICIAN, M I D W E  ORNURSE OR mAL,TH WORKER CONCERNED. 
SEC. 2. 
A new paragraph, entitled Art. 259-4 shall be added to read as 
follows: 
Art. 259-ADEFINITION OF TERMS. - 
As used in this Act, the 
following shall mean: 
(1)AN ABORTIVE OR AN ABORTIFACIENT REFERS TOANY 
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 WANT, OR A STILLBORN W A N T  WEIGHNG 
TJUN 500 GRAMS. 
SEC. 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. 
SEC. 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 provisions of this Act is hereby repealed, modified or amended 
accordingly. 
SEC. 5. 
Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation, 
Approved.