A. Concept/Nature of the topic

Abortion in the Philippines

The basic status of Abortion in the Philippines is that it is illegal, or banned by rule of law.

Legal basis for Philippine abortion ban

The act is criminalized by the Revised Penal Code of the Philippines, which was enacted in 1930 and remains in effect today. Articles 256, 258 and 259 of the Code mandate imprisonment for the woman who undergoes the abortion, as well as for any person who assists in the procedure, even if they be the woman's parents, a physician or midwife. Article 258 further imposes a higher prison term on the woman or her parents if the abortion is undertaken "in order to conceal the woman's dishonor".

There is no law in the Philippines that expressly authorizes abortions in order to save the woman's life; and the general provisions which do penalize abortion make no qualifications if the woman's life is endangered. It may be argued that an abortion to save the mother's life could be classified as a justifying circumstance (duress as opposed to self-defense) that would bar criminal prosecution under the Revised Penal Code. However, this has yet to be adjudicated by the Philippine Supreme Court.

Proposals to liberalize Philippine abortion laws have been opposed by the Catholic Church, and its opposition has considerable influence in the predominantly Catholic country. However, the constitutionality of abortion restrictions has yet to be challenged before the Philippine Supreme Court.

The present Constitution of the Philippines, enacted in 1987, pronounces as among the policies of the State that "[The State] shall equally protect the life of the mother and the life of the unborn from conception." (sec. 12, Art. II) The provision was crafted by the Constitutional Commission which drafted the charter with the intention of providing for constitutional protection of the abortion ban, although the enactment of a more definitive provision sanctioning the ban was not successful. It is also notable that the provision is enumerated as among several state policies, which are generally regarded in law as unenforceable in the absence of implementing legislation.

Abortion practices in the Philippines

One study estimated that, despite legal restrictions, in 1994 there were 400,000 abortions performed illegally in the Philippines and 80,000 hospitalizations of women for abortion-related complications. 12% of all maternal deaths in 1994 were due to unsafe abortion according to the Department of Health of the Philippines. Two-thirds of Filipino women who have abortions attempt to self-induce or seek solutions from those who practice folk medicine.

The Department of Health has created a program to address the complications of unsafe abortion, Prevention and Management of Abortion and its Complications. This program had been tested in 17 government-run hospitals by 2003.