The Philippines Abortion Law

Abortion is defined as any act or practice, whether done intentionally or unintentionally, that causes the premature exit of the products of conception (e.g., the fetus, fetal membrane, and placenta) from the uterus of a woman. Meanwhile, abortive acts refer to abortion practiced by the woman herself or by her parents; abortion practiced by a physician or midwife dispensing abortives; or any pharmacist who, without the proper prescription from a physician, dispenses abortives, as it is illegal in the Philippines and is penalized as a crime under the Revised Penal Code (Articles 256–259).  The majority of the citizens in the Philippines are Catholics, and the Catholic religion is firmly against abortion, whatever the circumstances.  Doing, participating in, or selling, dispensing, manufacturing, importing, or exporting any medication, instrument, or anything that would cause abortion is considered illegal. In other countries, abortion is legal, and in some countries, abortion is considered legal if it has a valid indication as stated in their respective countries.

In the Philippines, the unintended pregnancy rate declined by 33% between 1990–1994 and 2015–2019. During the same period, the abortion rate increased to 51%. The share of unintended pregnancies ending in abortion rose from 22% to 51%. Due to this, a revision of Articles 256, 257, 268, and 259 is being deliberated. According to House Bill 567, penalties against abortion should be modified and increased. The issue of penalties given is being deliberated because of the increase in abortion, and countless unborn babies have been or continue to be denied their precious lives through abortion. 

House Bill 567 aligns with Article II, Section 12

House Bill 567 aligns with Article II, Section 12, of the 1987 Constitution, which states that, as a matter of principle and state policy, the state "xxx shall equally protect the life of the mother and the life of the unborn from conception xxx." House Bill 567 is said to propose a statute that seeks to give life to the constitutional right of the unborn to protection, to recognize the unborn child's basic right to life, to the protection of his or her welfare, and against acts that place the unborn child in danger of being harmed, injured, or killed, bearing in mind that the unborn child is incapable of protecting itself. It also seeks to amend the Revised Penal Code by adding provisions or a clear and workable definition of abortion and abortifacients and classifying certain medicinal formulations of abortifacients as dangerous drugs, thus declaring them illegal and prohibiting their use, possession, manufacture, importation, trade, promotion, dispensing, and prescription of the same.

Section 4 of HB 567 provides:

"The corresponding penalties for the crimes of intentional and . unintentional abortion, abortion practiced by the woman herself or by her parents, abortion practiced by a physician or midwife, and dispensing abortions are hereby increased. For this purpose, Articles 256, 257, 258, and 259 of the Revised Penal Code are hereby amended to read as follows:" 
Article 256. Intentional abortion: Any person who intentionally causes an abortion shall suffer:

1. The penalty of (reclusion temporal) RECLUSION PERPETUA, if he shall use any violence upon the person of the pregnant woman;2. The penalty of (prison mayor) RECLUSION TEMPORAL is that,  without using violence, he shall act without the consent of the woman;3. The penalty of prison (correctional in its medium and maximum periods) MAYOR, if the woman shall have consented.

Article 257 states that penalties for an unintentional abortion must be a penalty of imprisonment (correccional) that, in its minimum and medium periods, shall be imposed upon any person who shall cause an abortion by violence but unintentionally.

Article 258. Abortion is practiced by the woman herself or by her parents. The penalty of prison (correccional) MAYOR in the medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself or shall consent that any other person should do so.

"Any woman who shall commit this offense to conceal her dishonor shall suffer the penalty of prison (correccional) MAYOR in its minimum and medium periods."

"If this crime be committed by the parents of the pregnant woman or either one of them, and they act with the consent of the aid woman to conceal her dishonor, the offenders shall suffer the penalty of prison (correcccional) MAYOR in its medium and maximum periods."
Article 259. Abortion practiced by a physician or midwife and dispensing of abortive: The penalties provided in Article 256 shall be imposed in their maximum period, respectively, upon any physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same.

Since abortion is considered illegal in the Philippines, the laws against abortion are strictly made and followed, and the penalties for the person caught undergoing abortion or dispensing abortifacients are high, the majority of women who have unplanned pregnancies opt for abortion. The majority of women with unwanted pregnancies settle for abortion, whether medical abortion or surgical abortion. Women with unplanned pregnancies have different reasons for having abortions, but they do it secretly because of the stringent penalties of the law in countries that consider it illegal. Women from these countries will find a way to obtain their goal, whatever it takes, and sometimes they even take the high risks of complications by going to unlicensed abortion practitioners or taking different kinds of medicines or herbal concoctions.

Recent statistics in the Philippines show an increase in the number of women having complications after having abortions through unlicensed practitioners. This increase is very alarming, and the law regarding abortion must be passed and applied immediately to ensure women's safety. Although there is no general rule or law among different countries as of today, debates are still ongoing as to whether to allow abortion or not. Abortion encompasses many different aspects and perceptions, such as the woman's autonomy with her own body, health and safety issues, psychological and emotional issues, economic and financial status, social issues, and many other circumstances. These have impacts not only on the pregnant woman but also on society. The safety of each citizen must not be taken for granted and should be the priority of each country.