FIFTEENTH CONGRESS OF THE REPUBL.IC 
OF THE PHILIPPINES 
FIRST REGULAR SESSION 
SENATE 
2635 
S. B. No. -::"---"-"'-_ 
'11 
JAN 17 P 3 :59 
Introduced by: SEN. RAMON BONG REVILLA, JR. 
EXPLANATORY NOTE 
Our 1997 Constitution in Article II Section 12, provides for equal 
protection of both the life of the mother and that of the unborn from the 
moment of conception. 
More than two decades have passed since, and I believe it is high 
time for us to revisit the provisions specifically those pertaining to the 
prescribed penalties for violations as well as to present a clearer and more 
comprehensive description of unlawful acts. There have been numerous 
advancements in the realm of science and medicine specifically in the 
past decades that has left certain provisions of the Revised Penal Code 
obsolete or out of date. As legislators, it is our duty to revisit older laws to 
ensure that they still have the potency and effect that the great legislators 
before us had originally intended. 
I urge my colleagues to work with mil for the swift passage of this 
measure. It is our duty to ensure the protection and uphold the rights of 
the citizens of the state, and I feel that this measure merits our special 
attention because it deals with the defenseless and voiceless unborn 
children. We must take it upon ourselves to champion the rights of these 
helpless unborn children. 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
FIRST REGULAR SESSION 
SENATE 
S.B. No. 2635 
) 
) 
) 
'11 
JAN 17 P 3 :59 
Introduced by: SEN. RAMON BONG REVILLA, JR. 
"AN ACT 
TO UPHOLD THE HUMAN RIGHTS AND PROMOTE THE WELFARE 
OF THE UNBORN CHILD, AMENDING FOR THE PURPOSE ARTICLES 
256,257,258 AND 259 OF THE REVISED PENAL CODE, 
AND FOR OTHER PURPOSES." 
SECTION 1. Shori Title. - This Act shall be known as the "Protection of 
the Unborn Child Act of 2011 n. 
SECTION 2. Declaration of Policy. - Pursuant to Section 12, Article II of 
the 1987 Constitution which adopts, as a national principle and 
policy, that the State shall equally protect the life of the mother and 
the life of the unborn child from conception, the unborn child shall 
possess and enjoy all human rights that are conferred upon 
persons by the 1987 Constitution and existing laws; foremost of 
which is the right to life, safety ancj protection while still in the 
mother's womb. 
SECTION 3. Objectives. - This Act aims to: 
a) ReCognize the unborn child as a human being with a distinct 
human personality and with the right to life and the right to be 
accorded the maximum protection of the State and its laws; 
b) Extend the mantle of legal proteG:tion to the unborn child from 
the moment of conception; 
c) Promote the welfare of the unbo"rn child from the moment of 
conception and during all stages of development while inside 
the mother's womb; 
d) Ensure that the delivery of health .services to the mother during 
pregnancy are done without prejudice to the unborn child; 
e) Enhance the health of the mother by avoiding any means that 
may adversely affect the viability of the unborn child in all stages 
of fetal development; and, 
f) Promote and advance the maturity of the unborn child through 
means that recognize and respect the right to life, health and 
welfare of both the mother and the unborn child. 
SECTION 4. Definition of Terms. - For purposes of this Act, the following 
terms shall be defined as follows: 
1) Unborn child - refers to a child at any stage of existence and 
development from conception until birth; 
2) Conception - refers to the moment when the sperm cell fertilizes 
the egg cell, upon which it is recognized that a new life is formed 
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with a distinct genetic make-up from that of the father and the 
mother, and which, medically, is likewise known as the moment 
of "fertilization"· , 
, 
3) Abortifacient - refers to any device, drug, formulation, substance, 
practice or procedure intended to damage, injure, interfere with 
the development, endanger or cause the death of the unborn 
child or otherwise induce abortion. This term shall include, but 
shall not be limited to, any formulation, substances, drugs or 
herbs which, when ingested, injected or is otherwise introduced 
into a child-bearing mother's body, induces the abortion or the 
death and forced expulsion of the fetus from the mother's womb, 
as well as practices and procedures such as abdominal 
massages or "hilot", suction, saline injection, hysterectomy, 
dilation and curettage (ONC) when such are clearly carried out or 
performed to induce or cause abortion and for no valid medical 
or health reasons; 
. 
4) Abortion - any act or practice, whether done intentionally or 
unintentionally, that causes the premature exit of the products of 
conception (e.g. fetus, fetal membrane, placenta) from the uterus 
ofa woman; 
5) Abortive Acts - are the acts defineCl and penalized under Articles 
256, 257, 258 and 259 of the Revis.ed Penal Code; and 
6) Parental' right - refers to the right of parents to give consent, 
when minors are involved, 'in any decision relating to the minor's 
pregnancy and the life and welfare of both the mother and the 
unborn child. 
SECTION 5. Protection of the Unborn Child. - The unborn child shall be 
protected from abortifacients, abortive acts and practices that 
induce abortion, including the use, administration, dispensing, 
injection or delivery by whatever means of substances, medicines 
in any form which endanger or expose the unborn child to damage, 
injury or death, whether committed with or without violence, and 
whether committed with or without consent of the mother. The 
uhborn child shall further be protected from the moment of 
conception from all outside intervention including intentional 
intervention that could be medically considered as abortive, during 
the natural process of growth of the fertilized ovum. 
SECTION 6. Parental Rights and State Power Over the Unborn Child. 
- The rights of the parents of a minor bearing an unborn child shall 
be superior to that of the State in instances and issues involving the 
safety, protection and welfare of the unborn child and the mother, 
unless the State must interfere and its laws must be enforced in 
order to protect the life and welfare' of the unborn child against 
abortion as well as all substances, practices and acts herein 
defined as abortifacients or abortive acts. 
SECTION 7. Penalties for Prohibited Acts. - The corresponding 
penalties for the crimes of Intentional Abortion, Unintentional 
Abortion, Abortion Practiced by the Woman Herself or by Her 
Parents, Abortion Practiced by a Physician or Midwife, and 
Dispensing of Abortive are hereby increased. For this purpose, 
Articles 256, 257, 258 and 259 of the Revised Penal Code are 
hereby amended to read as follows: 
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, 
"Article 256. 
Intentional abortion. -
Any person who shall 
intentionally cause an abortion shall suffer: 
1. The penalty of [reclusion temporalj RECLUSION PERPETUA, if 
he/she shall use any violence upon the person of the pregnant 
woman. 
2. The penalty of [prision mayorjRECLUSION TEMPORAL, if, 
without using violence, he/she shGlIl act without the consent of 
the woman. 
3. The penalty of prision [correccional in its medium and maximum 
periodsj MAYOR, if the woman shall have consented. 
"Article 257. Unintentional abortion, - The penalty of prision 
[correccionalj MAYOR in its minimum and medium periods shall be 
imposed upon any person who shall cause an abortion by violence, 
but unintentionally. 
"Article 258. Abortion practiced by the woman herself or by her 
parents. -
The penalty of prision [correccionalj MAYOR in its 
medium and maximum periods shall be imposed upon a woman 
who shall practice an abortion upon herself or shall consent that 
any other person should do so. Any woman who shall commit this 
offense to conceal her dishonor shall suffer the penalty of prision 
[correccionalj MAYOR in its minimum and medium periods. If this 
crime be committed by the parents of the pregnant woman or either 
of them, and they act with the consent of said woman for the 
purpose of concealing her dishonor, the offenders shall suffer the 
penalty of prision [correccionalj MAYOR in its medium and 
maximum periods. 
"Article 259. Abortion practiced by a physician or midwife and 
dispensing of abortive. - The penalties provided in Article 256 shall 
be imposed in their 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 [arresto mayor] 
PRISION CORRECCIONAL and a fine not exceeding [1,000 
pesos] ONE HUNDRED THOUSAND PESOS (PIOO,OOO.OO)." 
Violators of this Act shall be civilly liable to the offended party in 
such amount at the discretion of the court; Provided that, if the 
offender is a juridical person, the penalty shall be imposed upon the 
President, 
Treasurer, 
Secretary or any responsible officer; 
Provided, further, that, an offender who is an alien shall, after 
service of sentence, be deported immediately without further 
proceedings by the Bureau of Immigration; Provided, furthermore, 
that, an offender who is a public officer or employee shall suffer the 
accessory penalty of dismissal from the government service. 
SECTION 8. 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. 
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, 
SECTION 9. 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. 
SECTION 10. Effectivity. - The Act shall take effect thirty (30) days after 
its publication in the Official Gazette. 
Approved, 
4