Both sides claim victory

BAGUIO CITY, Philippines – On hearing the Supreme Court ruling upholding the Reproductive Health Law, both supporters and detractors of the measure claimed victory.

“This is a victory for everyone and most especially for the women. What is clear is that we won because the constitutionality of RH law has been upheld,” former Akbayan Rep. Risa Hontiveros told reporters after learning of the decision.

She and dozens of other supporters of the measure gathered outside the SC compound here while the magistrates were deliberating on the consolidated petitions against the RH Law or Republic Act No. 10354.

Camping out nearby were opponents of the measure, most of them in red shirts. Backers of the RH Law were in purple.

“This is an absolute victory,” declared activist and blogger Carlos Celdran. “The house has been built, the foundations (for the promotion of reproductive health) are there,” he said. “We thank the justices of the Supreme Court for being balanced.”

Former health secretary Esperanza Cabral said the SC decision “gave meaning to the long struggle of society,” and that it showed the justices “respected the sentiment of the great majority of Filipinos.”

“This is a victory for us because the key provisions where the bulk of the funding of the RH Law, as stated in the measure, have been declared as unconstitutional by the Supreme Court,” Lito David of the group Pro-Life stressed.

“We actually won,” he said. “Walang pangil ang batas (The law has no teeth).”

After the ruling was read by SC spokesman Theodore Te, the purple-clad RH supporters marched to Session Road chanting,  “panalo, panalo, panalo (victory! victory! victory!)” and converged at the People’s Park for a thanksgiving gathering.

The anti-RH Law group proceeded to the Pink Sisters convent on Yangco Road for a thanksgiving mass.

While foes and backers of the law had wanted no less than an absolute SC imprimatur on their respective positions, the high court’s ruling yesterday appeared to have provided some sort of compromise – at least for the moment. Edu Punay

 we won because the constitutionality of RH law has been upheld,” former Akbayan Rep. Risa Hontiveros told reporters after learning of the decision.

She and dozens of other supporters of the measure gathered outside the SC compound here while the magistrates were deliberating on the consolidated petitions against the RH Law or Republic Act No. 10354.

Camping out nearby were opponents of the measure, most of them in red shirts. Backers of the RH Law were in purple.

“This is an absolute victory,” declared activist and blogger Carlos Celdran. “The house has been built, the foundations (for the promotion of reproductive health) are there,” he said. “We thank the justices of the Supreme Court for being balanced.”

Former health secretary Esperanza Cabral said the SC decision “gave meaning to the long struggle of society,” and that it showed the justices “respected the sentiment of the great majority of Filipinos.”

“This is a victory for us because the key provisions where the bulk of the funding of the RH Law, as stated in the measure, have been declared as unconstitutional by the Supreme Court,” Lito David of the group Pro-Life stressed.

“We actually won,” he said. “Walang pangil ang batas (The law has no teeth).”

After the ruling was read by SC spokesman Theodore Te, the purple-clad RH supporters marched to Session Road chanting,  “panalo, panalo, panalo (victory! victory! victory!)” and converged at the People’s Park for a thanksgiving gathering.

The anti-RH Law group proceeded to the Pink Sisters convent on Yangco Road for a thanksgiving mass.

While foes and backers of the law had wanted no less than an absolute SC imprimatur on their respective positions, the high court’s ruling yesterday appeared to have provided some sort of compromise – at least for the moment.

No reason to celebrate

For the Catholic Bishops’ Conference of the Philippines (CBCP), advocates of the Reproductive Health (RH) Law have no reason to celebrate after the Supreme Court upheld the constitutionality of the controversial law.

CBCP president and Lingayen-Dagupan Archbishop Socrates Villegas said yesterday that although the high court voted to uphold the RH Law, it has watered it down and affirmed the importance of adhering to an informed religious conscience, even among government workers.

“The SC also stood on the side of the rights of parents to teach their children,” Villegas said in a statement.

He urged Catholics to maintain respect and esteem for the high tribunal, noting the SC decided on the RH issue based on the existing laws of the country.

He said the Church, for its part, must continue to uphold the sacredness of human life, teach dignity of the human person and safeguard the life of every human person from conception to natural death.

“We cannot see eye-to-eye with our pro-RH brethren on this divisive issue, but we can work hand-in-hand for the good of the country. Let us move on,” he said.

The bishop said the Church must keep teaching what is right and moral, and would continue to proclaim the beauty and holiness of every human person.

“The Church can continue its mission even with such unjust laws. Let us move on from being an RH law reactionary group to truly spirit empowered disciples of the gospel of life and love. We have a positive message to proclaim,” he said.

Unnecessary compromises

Militant workers have expressed disappointment over the SC’s decision declaring certain provisions of the RH Law illegal.

The Partido ng Manggagawa (PM) said yesterday the RH provisions that were declared illegal would compromise the rights of women, including female workers, to reproductive health.

“Sections 7 and 23, which were declared illegal, focus on the rights of women. We hope women’s right won’t be compromised for the sake of religious beliefs,” PM said in a statement.

The group said workers have long been waiting for the high court’s decision, hoping the RH Law as a whole would be declared constitutional.

It said there have been unnecessary compromises in the provisions of the RH Law when it was crafted in Congress.

The labor group vowed to remain vigilant and continue to fight for pro-worker provisions of the RH Law that were compromised during deliberations in Congress.

Landmark ruling

Advocates of the Reproductive Health (RH) Law yesterday welcomed the decision of the Supreme Court (SC) upholding the constitutionality of the Responsible Parenthood and Reproductive Health Act .

“This has been an amazing day for family planning advocates in the Philippines as we saw a huge victory with the SC decision upholding the constitutionality of the law,” Health Secretary Enrique Ona said.

Although the SC nullified eight provisions of the law, the Department of Health (DOH) lauded the high court’s ruling.

Ona said the DOH has been prepared to implement the RH Law.

The United Nations (UN) also welcomed the landmark ruling that coincided with the 20th anniversary of the International Conference on Population and Development.

UN said the SC decision affirms “sexual and reproductive health as a fundamental human right, and emphasized that empowering women is key to ensuring the well-being of individuals, families and nations.”

The Purple Ribbon for RH Movement, on the other hand, commended the SC justices for upholding the constitutionality of the law.

The movement is a coalition of individuals and civil society organizations that pushed for the passage of the law.

“From this day forward, we can expect that the government will be with us, and help Filipinos in advancing their right to health and freedom to make informed decision. This day marks the beginning of a brighter tomorrow,” it said.

Cabral, Purple Ribbon for RH lead convenor, said the RH Law remains strong although the SC declared eight of its provisions as unconstitutional.

For his part, Philippine Legislators Committee on Population and Development executive director Romeo Dongeto said they are satisfied with the SC ruling because the important provisions of the law were upheld, including the “age-appropriate sexuality education” in schools.

The high tribunal also affirmed the provision that will institutionalize family planning programs in the country.

Victory for women

Senate President Franklin Drilon yesterday welcomed the SC ruling as a “big victory for the Filipino people who had patiently waited for 14 long years for the passage of the RH Law.”

Despite the removal of some vital provisions of the law, Drilon said the SC decision affirmed the right of the government and its citizens to seek advancement of reproductive health policies.

“Finally, the government’s hands are free to attend fully to the needs for maternal care of millions of mothers, especially those living in far-flung areas where basic health care is insufficient,” he said.

“The Senate will exercise its oversight function over the implementation of the RH Law to see to it that its desired outputs will be achieved efficiently and that its promised fruits will be felt by the Filipino people in a timely manner,” he added.

Sen. Pia Cayetano, co-author and sponsor of the RH bill, said the SC ruling sends a message to the world that reproductive health rights are now acknowledged in the country.

“This victory is for the women who cannot afford (RH services). Many women who have questioned this, even men, are those who have access. So this is for the poor, especially poor women who do not have access to information and services,” she said.

While emphasizing that all provisions of the law are important, Cayetano said the SC decision to strike down some of the provisions would not have a drastic impact on the law.

“Over and above, the gist of the RH Law is intact,” she said.

For her part, Sen. Miriam Defensor-Santiago, co-author and sponsor of the RH Law, said the SC ruling was a triumph of reason over superstition.

“Thank you, Supreme Court! I love you, because you have faced the fears of a nation, and swept them away like cobwebs,” she said.

Santiago made an assessment of the chances of an appeal by the proponents of the RH Law on the eight provisions struck down by the high court.

She said the RH Law enjoys a presumption of constitutionality based on the respect of the judiciary for the legislature.

Sen. Vicente Sotto III, who opposed the law, said the ruling of the high court was expected.

“Some of the provisions there are constitutional because these were merely copied from the laws on women, children and other laws,” Sotto said in Filipino.

He welcomed the removal of some provisions of the law, which he questioned during the Senate debates on the measure.

Meanwhile, leaders of the House of Representatives expressed elation yesterday over the SC ruling.

“This is great!” Speaker Feliciano Belmonte Jr. said after hearing the announcement of the SC on the RH Law.

“This is a real victory, especially for children, women and their families. For 15 years, the RH (Bill) has been blocked. The House was speaking for the people all this time,” Belmonte said.

He described the decision as “important to the future of our country.”

He said he respects those who continue to oppose the law “but they’re not too many.”

Belmonte said nearly 80 percent of Filipinos support the RH Law.

He said the objectives of the law would still be achieved despite some of its provisions being declared as unconstitutional.

“It is a major victory for poor couples in the countryside who have no access to medical care. The SC decision reflects the overwhelming sentiment of our people in favor of RH,” Eastern Samar Rep. Ben Evardone said.

Anak Mindanao party-list Rep. Sitti Djalia Turabin-Hataman said the alarming increase in maternal deaths is due largely to the inaccessibility of women, especially the poor, to RH information, commodities and services.

Negros Occidental Rep. Albee Benitez said the SC decision “puts closure to the issue and allows us to move forward with a legitimate legislation.”

Deputy Majority Leader and Citizens’ Battle Against Corruption party-list Rep. Sherwin Tugna said the ruling has positive implications for the country “in the next decades to come.”

Cavite Rep. Elpidio Barzaga said the SC ruling jived with the sentiments of the people in favor of the law.

Noy’s certification won battle for RH

President Aquino initially hesitated to certify the RH bill as urgent but his last-minute decision to do so won the battle in Congress for the measure.

Belmonte and other leaders of the House attributed their victory over a Church-supported campaign against the RH bill in large part to Aquino’s certification, which enabled the Senate as well to approve the RH bill before Congress was to adjourn for its Christmas break.

The President subsequently signed the bill into law without fanfare, apparently so as not to further antagonize the Church.

Even before the House could take its final and third-reading vote on the measure, some of those opposed to it conceded as they saw Aquino’s certification as a “marching order” for members of the ruling Liberal Party (LP).

Aquino made the decision to declare the measure as urgent at the most critical moment – after the House approved the draft law by a narrow margin on second reading in an overnight session watched by Church leaders in December 2012, and before the chamber took the final vote.

The second reading vote was 113-104. Margin during the third reading vote widened, 133 against 79.

Many of those who voted against the bill on second reading disappeared during the final and third reading vote.

On the other hand, several members of the ruling party and its allies in the majority coalition who failed to vote on second reading showed up during the final approval proceedings and supported the RH bill. This explained why the vote margin widened from just nine to 54.

“This is a victory for our people, who are given the right to be informed and to decide on what is good for them and their family in accordance with their conscience,” Rep. Rodel Batocabe of party-list group Ako Bicol said.

“The SC should be commended for its erudition and courage in coming up with a revolutionary decision, which upholds the right and dignity of our people, particularly women and children,” he said.

Former Albay congressman Edcel Lagman, one of the measure’s principal authors, said the law “benefits the entire spectrum of Filipinos, particularly marginalized women, adolescents and children.”

He said the SC decision would strengthen the government’s commitment to achieve the Millennium Development Goals (MDGs), especially on improving maternal health, reducing infant mortality and promoting universal access to family planning by 2015.

“The high court’s ruling is a challenge to the executive (branch) to fully and faithfully implement the RH Law, and to Congress to provide adequate and meaningful appropriations to fund reproductive health programs and to resist attempts to repeal or weaken the RH Law,” he added.

Pro-youth

Meanwhile, the National Youth Commission said the SC has proven that they are favoring the youth when it upheld the constitutionality of RH Law.

The full implementation of the law will significantly curb high incidence of teen pregnancy in the country, the commission said in a statement.

With an average of 600 teenagers getting pregnant everyday, the Philippines has registered the highest rate of increase in Southeast Asia, it said.

It said the RH Law is an investment for the future of the youth. – With Edu Punay Sheila Crisostomo, Eva Visperas Mayen Jaymalin, Marvin Sy, Paolo Romero, Jess Diaz