HB No. 13: Protection of the Unborn Child Act 2010

Posted on | August 10, 2010 | 28 Comments

[Note: Below is the full text of House Bill No. 13 (Protection of the Unborn Child Act 2010) as filed by Rep. Roilo Golez (Dist. 2, Parañaque City), obtained from the Congressman himself. It is provided for academic/review purposes; it may have changed over the course of the legislative process.]

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

FIFTEENTH CONGRESS
First Regular Session
013

HOUSE BILL NO. 13

Introduced by HON. ROILO GOLEZ

EXPLANATORY NOTE

The Philippines can rightfully claim that it has one of the most comprehensive Constitutions in the world for the protection of human rights.  This is especially so because it recognizes that life begins from the moment of conception and mandates that the state shall equally protect the life of the mother and the child from conception. And yet, 23 years from its adoption in 1987, there is a glaring absence of an implementing law that will ensure the protection of the unborn.

This law aims to remedy that oversight by recognizing that the unborn has a basic right to life and by extending the mantle of legal recognition and protection to it. Thus, basic concepts and principle of fetal development are defined and clarified for the protection of the unborn.

It is earnestly hoped that with its passage, the unborn will finally receive the recognition and protection that is long overdue.

In view of the foregoing, the immediate passage of this measure is earnestly sought.

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

FIFTEENTH CONGRESS
First Regular Session
013

HOUSE BILL NO.____

Introduced by HON. ROILO GOLEZ

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 2010.

SEC. 2. Declaration of Policy. – The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution; (Art. 11, 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 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;
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) 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;
b) 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;
c) 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
e) 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 of 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.
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 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 child;
f. Abortive acts – abortion practiced by the woman herself or by her parents; abortion practiced by a physician or midwife dispensing of abortives; any pharmacist who, without the proper prescription from a physician, dispenses of abortives; as it is illegal in the Philippines and is penalized as a crime under the Revised Penal Code (Arts. 256-259)
g. 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  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.  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 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 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. 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,

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