Abortion in the Philippines

Abortion in the Philippines is constitutionally prohibited.[1] The constitutional provision that "[The State] shall equally protect the life of the mother and the life of the unborn from conception" 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. The provision is enumerated among several state policies, which are generally regarded in law as unenforceable in the absence of implementing legislation. The 1987 Constitution also contains several other provisions enumerating various state policies.[note 1] Whether these provisions may, by themselves, be the source of enforceable rights without implementing legislation has been the subject of considerable debate in the legal sphere and within the Supreme Court.[note 2]

An analysis by the Population Division of the United Nations Department of Economic and Social Affairs concluded that although the Revised Penal Code does not list specific exceptions to the general prohibition on abortion, under the general criminal law principles of necessity as set forth in article 11(4) of the Code, an abortion may be legally performed to save the pregnant woman's life.[2]

  1. ^ The Revised Penal Code of the Philippines : Book Two Archived October 2, 2009, at the Wayback Machine, ChanRobles Law Library.
  2. ^ "Philippines: Abortion Policy" Archived August 17, 2017, at the Wayback Machine, part of World Abortion Policies 2007 Archived October 22, 2016, at the Wayback Machine, United Nations, Department of Economic and Social Affairs, Population Division.


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