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OCHOA
KEY TAKE-AWAY: The Reproductive Health Law is a consolidation and enhancement of
existing reproductive laws. It seeks to enhance the population control program of the government
in order to promote public welfare. However, when coercive measures are found within the law,
provisions must be removed or altered in order to ensure that it does not defy the Constitution by
infringing on the rights of the people.
PONENTE: MENDOZA, J.
FACTS
Petition: to declare provisions of Republic Act No. 10354 as unconstitutional
Factual Antecedents
December 21, 2012: Congress enacted RA No. 10354 also known as the Responsible
Parenthood and Reproductive Health Act of 2012 (RH LAW)
The presidents imprimatur and support for the said law lead to a range of petitions
against the law leading to iuris controversy in court. Petitions for certiorari and
prohibition were placed by numerous parties. All in all, 14 petitions and 2 petitionsin-intervention were filed.
March 15, 2013: the RH-IRR or enforcement of the law took place
March 19, 2013: After deliberating the issues and arguments raised, the court issued
Status Quo Ante Order (SQAO) which lead to a 120 day halt on the implementation
of the legislation
Due to further arguments and debates from opposing parties, the SQAO was extended
until further orders of the court last July 16, 2013
Statute Involved:
Republic Act 10354, The Responsible Parenthood and Reproductive Health Act of
2012
Position of Petitioner:
o Petitioners claim that the provisions of RA 10354 are unconstitutional as they
violate the rights to life, to health, to freedom of expression and speech, to the
privacy of families, to academic freedom, to due process of law, to equal
protection, and against involuntary servitude. They also intrude on the autonomy
of local governments and the ARMM, and violate natural law. Furthermore, they
claim that Congress delegation of authority to the FDA in determining which
should be included in the EDL is invalid.
Position of Respondent
There is no actual case or controversy and, therefore, the issues are not yet ripe
for judicial determination
Some petitioners lack standing to question the RH Law
The petitions are essentially petitions for declaratory relief over which the Court
has no original jurisdiction.
ISSUES
Procedural
o Whether or not the Court may exercise its power of judicial review
o Whether or not there is an actual case or controversy
o Whether the Court may apply facial challenge
o Whether or not the petitions are praying for declaratory relief
o Whether the petitions violate the One Subject/One Title Rule
Substantive
o Whether or not the RH Law is unconstitutional on the grounds that it violates
Right to Life
Right to Health
Freedom of Religion and the Right to Free Speech
The Family
Freedom of Expression and Academic Freedom
Due Process
Equal Protection
Involuntary Servitude
Autonomy of Local Governments/ARMM
Natural Law
o Whether or not Congress delegation of authority to the FDA in determining
which should be included in the EDL is valid
HELD
Procedural
o Whether or not the court may exercise its power of judicial review - YES
While the Court may not pass upon questions of wisdom, justice or
expediency of the RH Law, it may do so where an attendant
unconstitutionality or grave abuse of discretion results. The following
requisites for judicial review were met: (a) there must be an actual case or
controversy; (b) the petitioners must possess locus standi; ( c) the question of
constitutionality must be raised at the earliest opportunity; and ( d) the issue of
constitutionality must be the lis mota of the case
o Whether or not there is an actual case or controversy YES
Considering that the RH Law and its implementing rules have already taken
effect and that budgetary measures to carry out the law have already been
passed, it is evident that the subject petitions present a justiciable controversy.
As stated earlier, when an action of the legislative branch is seriously alleged
to have infringed the Constitution, it not only becomes a right, but also a duty
of the Judiciary to settle the dispute.
Moreover, the petitioners have shown that the case is so because medical
practitioners or medical providers are in danger of being criminally prosecuted
under the RH Law for vague violations thereof, particularly public health
officers who are threatened to be dismissed from the service with
forfeiture of retirement and other benefits.
o Whether the Court may apply facial challenge YES
The scope of application of facial challenges extends to the regulation of free
speech, but also those involving religious freedom, and other fundamental
rights.
Consequently, considering that the foregoing petitions have seriously alleged
that the constitutional human rights to life, speech and religion and other
fundamental rights mentioned above have been violated by the assailed
legislation, the Court has authority to take cognizance of these kindred
petitions and to determine if the RH Law can indeed pass constitutional
scrutiny.
o Whether or not Locus Standi applies YES
Regardless of whether the petitioners are directly injured of affected by the
RH Law or not, the Court leans on the doctrine that "the rule on standing is a
matter of procedure, hence, can be relaxed for non-traditional plaintiffs like
ordinary citizens, taxpayers, and legislators when the public interest so
requires, such as when the matter is of transcendental importance, of
overreaching significance to society, or of paramount public interest." The
RH Law falls under transcendental importance as it drastically affects the
constitutional provisions on the right to life and health, the freedom of religion
and expression and other constitutional rights.
o Whether or not the petitions are praying for declaratory relief - YES
Most of the petitions are praying for injunctive reliefs, not declaratory reliefs,
and so the Court would just consider them as petitions for prohibition under
Rule 65, over which it has original jurisdiction. Where the case has farreaching implications and prays for injunctive reliefs, the Court may consider
them as petitions for prohibition under Rule 65.
o Whether the petitions violate the One Subject/One Title Rule NO
In a textual analysis of the various provisions of the law, both "reproductive
health" and "responsible parenthood" are interrelated and germane to the
overriding objective to control the population growth. Thus, the Court finds
no reason to believe that Congress had the intention to deceive the public
regarding the contents of the said law.
Substantive
The RH Law does not infringe upon the autonomy of local governments.
Under paragraph (c) of Section 17, unless a local government unit (LGU)
is particularly designated as the implementing agency, it has no power
over a program for which funding has been provided by the national
government under the annual General Appropriations Act, even if the
program involves the delivery of basic services within the jurisdiction of
the LGUs. Not only that, but LGUs are merely encouraged and not
compelled to provide RH services. Provision of these services are not
mandatory. Lastly, Article III, Sections 6, 10, and 11 of RA 9054 deor the
Organic Act of the ARMM merely outlines the powers that may be
exercised by the regional government and does not indicate the States
abdication to create laws in the name of public welfare.
Natural Law disregarded
Natural law, according to the Court, is not recognized as proper legal basis
for making decisions
o Whether or not Congress delegation of authority to the FDA in determining
which should be included in the EDL is valid- YES
Under RA 3720, the FDA, being the primary and sole premiere and only
agency that ensures the safety of food and medicines available to the public,
has the power and competency to evaluate, register and cover health services
and methods
Final Ruling
o Petitions partially granted. The RA 10354 is declared constitutional, and Status
Quo Ante Order lifted with respect to provisions of RA 10354 that have been
declared as constitutional. However, the following provisions and their
corresponding provisions in the RH-IRR have been declared unconstitutional:
Section 7 and the corresponding provision in the RH-IRR insofar as they:
a) require private health facilities and non-maternity specialty hospitals and
hospitals owned and operated by a religious group to refer patients, not in an
emergency or life-threatening case, as defined under Republic Act No. 8344,
to another health facility which is conveniently accessible; and b) allow
minor-parents or minors who have suffered a miscarriage access to modem
methods of family planning without written consent from their parents or
guardian/s;
Section 23(a)(l) and the corresponding provision in the RH-IRR,
particularly Section 5 .24 thereof, insofar as they punish any healthcare
service provider who fails and or refuses to disseminate information regarding
programs and services on reproductive health regardless of his or her religious
beliefs.
Dissenting Opinion
Leonen, J.
I. Preliminary Considerations
None of the petitions properly present an actual case or controversy which deserves the
exercise of judicial review. The consolidated petitions do not provide the proper venue to
decide on fundamental issues. The law in question is needed social legislation.
An actual case or controversy is one which involves a conflict of legal rights, an
assertion of opposite legal claims susceptible of judicial resolution; the case must not be
moot or academic or based on extra-legal or other similar considerations not cognizable
by a court of justice.
Preliminary Considerations
The court is not competent to declare when human life begins. The issue with regards to
this must be settled within the scientific and medical community.
II.
Substantive Discussions
RA No. 10354 protects the ovum upon its fertilization (without actually saying that life
begins here). The issue then, of whether life begins during fertilization or when the ovum
plants itself on the uterus wall, is covered as this protects at both stages.
Although the law does not provide a definition of conception, it has provisions that
embody the policy of the state to protect the travel of the fertilized ovum to the uterus
wall. The law states that it will provide means which do not prevent implantation of a
fertilized ovum as determined by the Food and Drug Administration.