Determine:

1. What is the clearest discernible intent of the framers for Section 12, Article II?
2. Did the ConCom determine a point where human life begins? (If so, at what point is it
reckoned?) Explain.

1. Confine the search to statutory law - Constitutions and the intent of framers, legislative
enactments/resolutions. No case law.
2. 3 pages max. 12 pt Times New Roman 1 to 1.5 line spacing
3. No newspapers or other media
4. Citation format (bonus) should be Philippine Manual for Legal Citation by Feliciano

00867
I 689-697 (7-17-86)
Discussed what was meant by the phrase the right to life extends to the fertilized ovum
o Is the fertilized ovum already a person? in some aspects yes, especially in civil
aspects
o Bernas wanted to find a more felicitous phrase
o Bishop Bacani referred to the statement of Fr. Henley, referring to research
conducted by Georgetown University, a leader in fetal physiology: From the
moment of conception, a new biological entity exists. The entity cannot be
considered as physically identical with the mothers body.
o Brocka considers this frighteningly Catholic
Clarified that what was meant was illegal abortion, since Bernas said that
the only object of this is to take away the complete liberty of a woman to
get rid of the fetus, even if it in no way endangers her health or her life.
Medically, there is no clear consensus that the fertilized ovum is considered
human life
o Rama questioned Bernas expertise on fertilized ovum
Roe v Wade: Mother can abort anytime even without just cause during the first 6 months
of her pregnancy, provided that the method used will not endanger her
Rev. Rigos: worried that the sensibilities of some religious groups were not considered
o This in in support of her right to privacy (privacy of the mothers womb)
Ms. Aquino:
o it is my fear, however, that the moment we constitutionalize the term fertilized
ovum it might disturb settled jurisprudence in the law
o The unfertilized egg has life, and if fertilized, takes on human proportions. I am
willing to concede to that, but the law and our constitution should deal with realty
not obscurity, the known rather than the unknown. We should deal with facts rather
than conjecture. It may be true that when the sperm shakes hand with the egg, it
may eventually live, but it may also die. The constitution should not deal with
speculation.
o We do not have to resolve the question of when life begins now, when even those
who are trained in their respective fields of medicine, philosophy, or theology are
unable to arrive at any consensus.
 o that belongs to the field of medicine, but I believe that even an unfertilized egg,
an egg that belongs to a man, has life itself. It takes human proportion only if it
meets the sperm.
Bacani: cited how an advocate of abortion eventually changed his mind (Dr. Nathanson:
electrocardiographic recordings of human brain activity had been noted in embryos at 8
weeks. Our capacity to measure signs of life are still becoming more sophisticated and as
time goes by, we will doubtless be able to isolate lifes signs at earlier stages in fetal
development
I 721-722 (7-18-86)
Romulo proposed an amendment on section 1, line 10. the right to life extends to the
fertilized ovum the state shall protect human life form the moment of conception.
He also proposed that this should be in the Declaration of Principles or to that on Human
Resources, and NOT to the Bill of Rights
Did not consider Davides proposal on protection of The right to life of the human
embryo only a person can be granted right to life so if we grant the embryo the
right to life, it must be a person

01424
IV 705-714 (7-17-86)
Ms. Aquino: There is presently a raging debate on the philo-ethical considerations of the
origin or the beginnings of human life that at this moment, I do not think we are in any
position to preempt the debate and come up with a premature conclusion on the matter
Mr. Villegas: There is no debate among medical scientists that human life begins
at conception, so that is already a settled questionThe only right that we are
protecting is the right to life at its beginning, which medical science genetics has
already confirmed as beginning at conception
The purpose of this provision is to preclude congress from passing a law that would allow
or legalize abortion
Mr. Villegas: The only possibilities are those situations which we described in
which we can apply the principle of double effectwhen we have to save the life
of the mother through an operation and sacrifice the life of the child or vice versa.
But those are the only situations that may be permitted if this specific provision is
included in the constitution. when congress would be able to pass laws that
would allow abortion
But this does not include the mental well-being of the pregnant woman since
that would involve direct killing of the fetus
For victims of rape: there are charitable organizations run by
religious orders that take care precisely of pregnant women with
unwanted children.
Mr. Regalado: So for the record and to allay the fears or apprehensions of these
medical practitioners, we agree that these different types of intrauterine devices will
be determined by congress on a case-to-case basis whether they are completely
contraceptive and, therefore, there is nothing wrong if administered in the womb of
the mother or they are abortifacient and, therefore, will be prohibited.
Finally, abortifacient means of contraception will automatically be
rendered illegal and their use criminal. The IUD, the morning-after pill, and
 hormonal injections are some examples of abortifacient contraceptives.
They are not strictly speaking, contraceptives, since they act after
fertilization will have occurred.
Bengzon: There should be no more debate as to when life begins because even our present
laws, the civil code of the Philippines and articles 256 and 259 of the Revised Penal Code,
recognize that a fetus has life and is protected by our laws.
Provision on health: taking care of the working conditions of the pregnant woman, making
sure that she is not subjected to all types of hazards that could injure her health and also
that of the child and making sure that the appropriate medicine is available.
IV 721-725 (7-17-86)
Intent behind the state to equally protect the life of the mother and the life of the unborn
from the moment of conception is to make sure that there will be no pro-abortion laws
ever passed by congress or any pro-abortion decision passed by the SC
o Bishop Bacani: there is now fetology so that the fetus is now considered a human
patient and not an animal, which is an interesting development
IV 698-700 (7-17-86)
Natividad on The state shall equally protect the life of the mother and the life of the unborn
form the moment of conception
Intention of this is to prevent congress from legalizing abortion in the future
Asked what is the purpose of having in the same sentence the right of the mother
with the right of the unborn? protecting the life of the mother is also protecting
the life of the unborn; there are so many things that can endanger the life of the
unborn because the health of the mother is not sufficiently cared for.
In a situation where the mother needs medical operation to treat a certain illness but where
indirectly the life of the unborn is sacrificed, that is not in any way considered part of this
provision because there is no direct intention to kill the unborn. The intention here is to
save the mother and if indirectly the babys life is sacrificed, that is not abortion. What
is abortion would be a direct intent on the life of the unborn because it is unwanted (rape,
incest, malformation)
IV 798-808 (7-19-86)
Change from the moment of conception to from conception
o Basing the argument on pure objectivity because natural scientists who are the most
objective in studying positive sciences have come to the conclusion that life begins
at conception.
Note that there is presumptive personality under the new civil code (articles 40 and 41) that
for all purposes favorable to the fetus, it is considered born. Note also that abortion is
punished under the revised penal code.
According to Rigos, there is life even before conception in the form of the sperm and the
ovum, so at the point where the ovum is fertilized, there is already life.
Davide: it is now determined by science that life begins from the moment of conception.
There can be no doubt about it. So, we should not give any doubt to congress, too.

876-890 Equality of men and woman

759-761 (9-18-1986)
The state recognizes the sanctity of family life and shall protect and strengthen the family
as a basic autonomous social institution.
 o Does not disauthorize congress from passing a divorce law in the future since we
do not talk of the sanctity of marriage but the sanctity of family life as a whole
The state shall equally protect the life of the mother and the life of the unborn from the
moment of conception

SECTION 12. The State recognizes the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution. It shall equally protect the life of the mother and
the life of the unborn from conception. The natural and primary right and duty of parents in the
rearing of the youth for civic efficiency and the development of moral character shall receive the
support of the Government.