Abortion in the Philippines

Abortion in the Philippines is mostly illegal, or banned by law.

Article II of the 1987 Philippine Constitution says, in part, "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 act is criminalized by Philippine law. Articles 256, 258 and 259 of the Revised Penal Code of the Philippines mandate imprisonment for women who undergo abortion, as well as for any person who assists in the procedure. 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 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 RP Constitution also contains several other provisions enumerating various state policies. 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.

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