Senate version of RH bill 'unconstitutional' - ex-senators

At least two former senators on Monday opposed the passage of the Senate's version of the controversial Reproductive Health (RH) bill, saying the measure contains provisions that are unconstitutional. Jose "Joey" Lina and Francisco “Kit" Tatad said although Senator Miriam Defensor-Santiago's Senate Bill No.2378 or “An Act Providing for a National Policy on Reproductive Health and Population and Development" was more "readable" than its counterpart at the House of Representatives, some of its provisions violate the Philippine Constitution. "(The bill is) glaringly unconstitutional. Any device introduced by the state to block the natural growth of the fertilized ovum is violating the Constitution," Lina said during the Senate health and demography committee hearing on Senate Bill No. 2387 on Monday. Under Santiago's bill, the state shall guarantee universal access to medically safe, legal, affordable, and quality reproductive health services, methods, devices, supplies, and relevant information on the matter. Lina, however, said that the bill violates Articles II Section 12; II Section 15; III Section 1; and XV Section 15 of the Constitution. Article II section 12 states "the State shall equally protect the life of the mother and the life of the unborn from conception" while article II section 15 says that "the State shall protect and promote the right to health of the people and instill health consciousness among them." On the other hand, article III section 1 states that "no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws" while article XV section 3 (1) says that "the State shall defend the right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood." "The real issue is not the freedom of the woman to choose (what kind of family planning to use) but expanding the power of the State in areas of human life where it has no business whatsoever," said Tatad during the same hearing. Lawyer Dionisio Donato Garciano, president of the Alliance for Family Foundation Philippines, likewise said that passing the RH bill will put the Aquino administration in more fiscal trouble. "We believe passing an RH law would not be congruent with the concerns of the administration. Why don't we just supplement or augment the budget of the Department of Health," he said. Tatad added that some of the good provisions in Santiago's bill can be implemented even without passing legislation. "They could be made part of the ongoing health program," he said. Support for RH But former Health Secretary Alberto Romualdez, who was also present during the hearing, said Santiago's bill will help the country's efforts in achieving the Millennium Development Goals. For his part, Commission on Population executive director Tomas Osias said, "We also believe (this bill will) contribute (to the) nutrition status of Filipinos and to some extent help in ensuring population growth which will contribute in mitigating hunger and alleviating poverty." Sylvia Claudio, director of the University of the Philippines University Center for Women's Studies, likewise endorsed Santiago's bill because it supposedly "understands" the need for reproductive health services without "falling into the trap" of calling for population control. The Philippine NGO Council on Population, Health, and Welfare Inc. also said that Filipinos have the right to be in charge of their own reproductive decisions and that they are entitled to universal access to related health services. "The bill can save the future of our youth. It will help couples be responsible parents in providing a stable and happy home for their children," it said in a statement on Monday. Senate health committee chairman Senator Pia Cayetano, for her part, admitted she was in support of the bill tha would give women better access to healthcare services. "I have been very vocal (that) women should have access to healthcare... but as chair I always try to have as much as possible an open mind," she said in an interview after the hearing. She added that she is willing to conduct a separate hearing on the Constitutional questions raised by Tatad and Lina. "As a lawyer, I always like to review it thoroughly. I'm willing to go on depths with their position," she said. Cayetano said they hope to take up the bill on the floor by December. - KBK, GMANews.TV