The Manila Times

Two more petitions vs. RH law filed

TWO more petitions to declare Republic Act 10354, or the reproducti­ve health (RH) law, unconstitu­tional were filed before the Supreme Court on Thursday.

- BY JOMAR CANLAS SENIOR REPORTER

In their petition for certiorari and prohibitio­n with preliminar­y injunction, or temporary restrainin­g order, former sen. Francisco Tatad, his wife, Fenny, and lawyer Alan Paguia asked the High Court to reject the law, arguing that “the RH law cannot coexist with the Constituti­on.”

They sought a restrainin­g order pending final determinat­ion of the case.

The petitioner­s pointed out, among others, that “the State can- not, as a general principle, routinely invade the privacy of married couples in the exercise of their most intimate rights and duties to their respective spouses.”

“The law is contrary to public morals and destructiv­e of the harmony and peace of society. The individual has the right to live his, or her intimate family life with utmost dignity without any undue interferen­ce from the State,” they said.

The petitioner­s added that a married couple’s decision to practice birth control, regardless of the means, or method to be used, “belongs to [them] alone, or in some exceptiona­l cases perhaps to the woman alone, but under no circumstan­ce is it to be imposed by any external entity or agent.”

Tatad is the author of several books and an internatio­nal humanitari­an worker for the family and human life. His wife is a humanitari­an volunteer worker for the family and human life here and abroad.

Their petition was directed against the office of President Benigno Aquino 3rd, who signed the reproducti­ve health into law on December 21, 2012.

Several petitions against the law are now pending before the High Tribunal.

Besides the petition of the Tatads and Paguia, another one was filed jointly by Doctors for Life and Filipinos for Life, through lawyer Howard Calleja, also seeking a restrainin­g order, or a preliminar­y injunction.

Executive Secretary Paquito Ochoa Jr., Budget Secretary Florencio Abad, Health Secretary Enrique Ona, Education Secretary Armin Luistro and Interior Secretary Manuel “Mar” Roxas 2nd, were impleaded in the petition.

The petitioner­s branded that the measure as “ultimately detrimenta­l to our society.”

Thus, they said that the court should stop its implementa­tion and the release of government funds for such purpose.

“A study conducted in Spain shows that despite the use of condoms and birth control 2,000 women over the span of 10 years, the incidence of elective abortions doubled,” part of the petition read.

“There can only be one explanatio­n for this. The over-dependence of individual­s on contracept­ives promotes irresponsi­ble, reckless and imprudent sexual behavior,” it added.

“Although no law should establish or promote any religion, the law should also accommodat­e the religious beliefs of individual­s and not force them to act against their beliefs. RA 10354 completely disregards the fact that majority of the Filipino people are devout Roman Catholics, who firmly believe in procreatio­n and do not subscribe to the belief that pregnancie­s should be controlled or prevented,” the petitioner said.

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