DOJ backs anti-abortion bill but seeks exemption

MANILA, Philippines - The Department of Justice (DOJ) is supporting a proposed law in the House of Representatives that would not only impose harsher penalties for abortion, but would also seek an exemption for women whose pregnancy could be fatal.

However, the DOJ, in a letter to the House committee on revision of laws, sought clarification as to the coverage of House Bill No. 3667 so as not to include abortion done for valid medical and health reasons.

HB No. 3667 seeks to amend the provision in the Revised Penal Code by imposing stiffer penalties against abortion.

Justice Sec. Leila de Lima said that while it is high-time for such a legislative measure, the DOJ has reservations on the definition of abortion as stated in the proposed law which gives the impression that even if the act was made for valid health reasons, it would still be considered as a crime of abortion and would be punished accordingly.

She said lawmakers should consider that there are cases where pregnancy could not push through, particularly when the life of either the mother or the child, or both, would be endangered.

“We therefore suggest that this issue be addressed and a corresponding provision be added clearly stating that abortion is justified if the health/medical condition of the mother cannot carry out the pregnancy to its full term or if she will die in the process,” the DOJ chief explained.

Sec. de Lima also expressed reservations on the enumeration that would be considered as abortive acts, saying the health condition of the mother was disregarded in the provision.

HB No. 3667, authored by Manila Rep. Amado Bagatsing, seeks to impose a maximum of 12 years’ imprisonment for abortion practiced by a physician or any medical professional.

A pharmacist who sells or dispenses abortive drugs will also suffer the same penalty and a P100,000 fine.

The proposed law, which would be known as the New Anti-Abortion Act of 2010, also seeks to impose life imprisonment on persons found guilty of using violence to intentionally abort the pregnancy of a woman.

Under the Revised Penal Code, such act is punishable with a maximum 17 to 20 years imprisonment.

A maximum 12 years incarceration has been recommended in case intentional abortion has been consented to by the pregnant woman.

HB 3667 proposes a six- to 12-year prison sentence for abortion practiced by the woman or by her parents.