MANILA, Philippines - The debate on the legality of Reproductive Health (RH) law before the Supreme Court (SC) concluded yesterday with justices questioning a penal provision in the controversial measure.
In the final oral arguments, Senior State Solicitor Florin Hilbay told magistrates of the high court that Republic Act 10354, or the RH law, does not violate freedom of religion and expression.
But some justices took exception to the penal provision in the assailed law, which makes the offense of intentionally providing wrong information a crime.
Associate Justice Teresita Leonardo-De Castro asked Hilbay why the law allows standards of a penal offense to be set by an administrative agency.
Hilbay, who represents the Office of the President in the case, admitted before the SC that the standards on correct or wrong information on contraceptives promoted under the RH law will be set by the Food and Drug Administration (FDA).
“If the correct information is what the FDA will provide, then the law does not allow dissent,†Justice De Castro said.
When the magistrate quizzed the government lawyer on what “incorrect information†means, the latter said the law is silent on it.
Associate Justice Jose Perez also tackled the same issue.
“It is the FDA that determines whether information is correct or incorrect. Can the definition of what a crime is be delegated to an administrative agency? Is this constitutional?†he asked.
Hilbay explained that FDA is only mandated to “define some facts that may be used as basis for prosecution, not to define the crime.â€