Decriminalizing Abortion:

An Essential Step in Recognizing

Women’s Rights
“My body, my rights”___ a simple slogan, but holds a deep meaning. It illustrates
that the decisions about our health, body, and reproductive choices should be
deemed fundamental rights. No law should ever deprive us of such. However,
women in the Philippines are yet to enjoy their bodily liberty. And usually, it is
highly frowned upon when women express their desire to take charge of their
bodies and well-being.

And this is especially true when it comes to abortion.

Whether and when to have children is subject to our government’s control. Worst,
abortion is a criminal act in the Philippines. Articles 256 to 259 of the Revised
Penal Code respectively penalize intentional abortion, unintentional abortion,
abortion practiced by the woman herself or by her parents, and abortion practiced
by a physician or midwife and dispensing of abortives. In simpler terms, abortion
does not only penalize the woman who shall practice abortion upon herself, but
also anyone who assists the act.1

Take note that pregnancy among women does not always spring from love and
passion; it could be way darker than that. Romeo Dongeto, a Philippine
Legislator’s Committee, claimed that premature pregnancy could result from
violence, forced sex, or rape. Furthermore, Child Rights Network (CRN) reveals
that the Philippines is one of the world’s hubs for child sexual exploitation and
abuse. And this is indicated by various statistics, highlighting a disproportionate
number of teenage mothers who were impregnated by way older men.2 Meaning,
girls as young as ten have no choice but to forestall their future due to their early
pregnancies.

1
“The Revised Penal Code of the Philippines,” Art. 256 to Art. 259.
2
Gabriel Pabico Lalu, “Sexual abuse: the darker side of teenage pregnancies,” (Inquirer.net, 2020).
However, the biggest reason why women undergo abortions in the Philippines is
because of their economic situation. This is because many of them always conceive
children more than they intended to. Due to their financial constraints, they would
often resort to the cheaper but dangerous option of expelling the fetuses from their
maternal wombs.3 Besides, there are women who were raped and ended up with
unintended pregnancies—and their rapists include family members within the third
civil degree. A research study emphasized that 51% of rape survivors induced
abortion because of marital rape, while another 27% of them were from incest
rape.4

Even with laws that sanction abortions, the number of abortions still fails to settle.5
Contrarily, it increases the cases of unsafe abortions among women; and this
problem should not be swept under the rug by our government.

History of Abortion Laws

Abortion was first penalized under the Spanish occupation through the Penal Code
of 1870. The spread of Catholicism in the Philippines fortified the stigmatization of
abortion even more. Then, the act was included in the Revised Penal Code passed
in 1930 under American colonial rule. Hence, it has been more than a century since
abortion was criminalized. And as stated earlier, banning abortion did not fend off
abortion; instead, women deviate from standard medical procedures and undergo
unsafe surgeries to terminate their pregnancies.6 Because of that, they put their own
lives in jeopardy, resulting in the death of at least 1,000 women each year and
complications to tens of thousands more.7 Unfortunately, healthcare professionals
aren’t empathetic to the women who went under the knife, and instead, spew verbal
punches at them.8

3
Lawrence B. Finer and Rubina Hussain, “Unintended Pregnancy and Unsafe Abortion in the Philippines: Context
and Consequences,” (Guttmacher Institute, 2016).
4
“Reasons to Support the Bill,” (Decriminalize Abortion PH, n.d.).
5
Ibid.
6
“Facts on Abortion in the Philippines: Criminalization and a General Ban on Abortion,” (Center for Reproductive
Rights, n.d.).
7
Finer and Hussain, “Unintended Pregnancy,” (Guttmacher Institute, 2016).
8
“Facts on Abortion,” (Center for Reproductive Rights, n.d.).
Reasons to Decriminalize Abortion
This is a story of a 14-year-old teenage mother: Her first sexual experience with a
man was nonconsensual—she resisted him and tried to push him away. However,
she was persuaded by his sweet words, promising that he would “take
responsibility”. But promises are meant to be broken—especially in her case. Now,
they are living in a ramshackle hut surrounded by mud while struggling to feed
her—not one, but four—children. Sometimes, she would be in tears from seeing
her children weep for food. Looking back, she believes that she would have been
on a different life path if only she had access to sex education, contraception, and
healthcare.9

She is just one of many women who wish to be free from unwanted childbearing.
Most of these women are either too young, not financially stable, or not mentally
and emotionally prepared to have a child. But by allowing access to proper
procedures for abortions, we can avoid the potential agony and adversity of these
women—and their born children. After all, prevention is better than cure. Even
comparing with 2018, the Philippine Statistics Authority (PSA) reported that more
Filipinos are poorer today.10 That’s why it is crucial for women to undergo proper
procedures for abortion given the economic standing of our country.

Save women’s lives from complications

Globally, almost 21 million women resort to illegal abortion every year, especially
in countries lacking in resources. According to the World Health Organization
(WHO), approximately half of all abortion procedures performed worldwide are
unsafe.11 While in the Philippines, the Philippines Safe Abortion Advocacy
Network (PINSAN) found that there were 1.26 million cases of abortions,
threatening the lives and well-being of Filipina women. And that number is
expected to rise. Another research study conducted by the University of the

9
Yash Arya, “Advocating for women’s reproductive rights and decriminalizing the abortion law in the
Philippines,”(ICRP Budapest, 2021).
10
Mong Palatino, “Making Sense of the Philippines’ Latest Poverty Statistics,” (The Diplomat, 2022).
11
Katarina Sternudd, “Safe abortion saves women’s lives,” (Karolinska Institutet, 2022).
Philippines (UP) suggested that about 1.1 million abortions take place annually in
the Philippines.12

Lawyer Clara Rita Padilla, a spokeswoman from PINSAN stated that victims of
abortions mostly come from the poorer economic background, and several more
are below the age of 25. These women trust that the midwives, healers, and
unskilled physicians in makeshift clinics would remove their unwanted
pregnancies.13Also, lack of access to reproductive health services makes poor
women to be in danger of painful and almost permanent complications. Some of
the side effects include hemorrhage, sepsis, peritonitis, and trauma to the cervix,
vagina, uterus, and abdominal organs.14 Worse, complications from high-risk
abortions are one of the five major causes of maternal death.15

This outdated law cannot take place in the legal system of the Philippines if we aim
to protect our Filipina women. How many of these women need to suffer before
our country will integrate abortion into the healthcare system? Hence,
decriminalizing abortion will not only give chances to women, but also save their
lives. And these women can be anyone’s daughter, partner, spouse mother, sister,
niece, or granddaughter.

Violates Women’s Body Autonomy

The Human Rights Council (HRC) of the United Nations (UN) expresses that the
ability to make autonomous decisions about our body and reproductive health is
part and parcel of our basic rights. So, women should have access to the highest
achievable quality of healthcare, including sexual and reproductive health, without
prejudice. Since the termination of pregnancy is healthcare, it should be primarily a
woman’s decision whether to keep their pregnancy or not. And lawmakers should
understand that this choice may determine the trajectory of their entire life.16

12
Heather Chen, “Abortion’s illegal in the Catholic majority Philippines, so more than a million women a year turn
to other option,” (CNN, 2022).
13
Ibid.
14
“Facts on Abortion in the Philippines: Criminalization and a General Ban on Abortion,” (Center for Reproductive
Rights).
15
Clara Rita A. Padilla, “Reasons Why We Need to Decriminalize Abortion,” (EnGendeRights, Inc.).
16
“Women's Autonomy, Equality and Reproductive Health in International Human Rights: Between Recognition,
Backlash and Regressive Trends,” (United Nations Human Rights Special Procedure, 2017).
Locally, our legal system favors women’s right to life over prenatal protection.
This is enshrined in the Republic Act No. 10354, stating that “the advancement and
protection of women’s human rights shall be central to the efforts of the State to
address reproductive health care”. On top of that, the Bill of Rights secures our
rights to healthcare, life, privacy, religion, equality, and equal protection. All of
these are proof that women’s right to safe and legal abortion prevails over the
protection of the unborn.17

Therefore, rigidity should not take place when construing the laws. Instead, they
should be construed liberally. Done were the days when our people had to succumb
to the misogynistic provisions implemented by past belligerent occupants. Given
that, a more progressive approach should be instilled when interpreting our laws to
protect our women. After all, women are the ones bearing children; without
women, there would be no generations.

Separation of Church and State

The overturning of the case of Roe v. Wade, stating that the States can govern the
laws on abortion, was a big win for the religious institutions in the U.S. The sense
of triumph was then embodied by Filipinos. As we know, Catholic Church wields
massive power and influence in the Philippines. So, local church ministers and
organizations who are public with their opposition to abortion, divorce, and the use
of safe contraceptives, hailed the American ruling. 18

However, religious beliefs should not interfere with laws and policies that uphold
and maintain public good. Doing so would infringe on the guarantee of the
non-establishment of religion and freedom of religion. Our Constitution also states
that the separation of church and State shall be inviolable. This means that
ecclesiastical opinions cannot be considered when creating or construing our laws.
Retaining the restrictive abortion laws would also disparage our constitutional
rights—and consequently, put Filipina women’s reproductive health at risk.19
Besides, the cases of Estrada vs. Escritor and Ang Ladlad vs. Comelec emphasized
17
Padilla, “Decriminalize Abortion,” (EnGendeRights, Inc.).
18
Chen, “Abortion’s illegal in the Catholic majority Philippines,” (CNN, 2022).
19
See No. 17.
that our laws and system of governance should be based on secular standards and
not religious morality.

Former Secretary of Health, Dr. Alberto Romualdez, Jr. expressed that abortion is
not a moral issue; it is a medical issue. This further stresses the need to legalize
abortion that is in accordance with professional medical standards to embrace the
secularity of the State.20 Thus, churches should not influence government laws and
policies. Finally, public officials should also safeguard the rights of all citizens by
acknowledging that abortion is healthcare.

Conclusion
Women have suffered a lot. And pregnancy is already painful enough—but
unwanted pregnancy aggravates that pain even more. Imagine a woman who has
undergone a painful abortion just to be sent to jail after: Is that even fair? We
should stop this devastating treatment toward women and decriminalize abortion. It
is high time for us to recognize that abortion is healthcare—and it is essential in
ensuring that women’s lives are not in danger. Do not allow this colonial law to
dictate our society. Women cannot afford to be stuck in this endless cycle of
hostility just for inducing abortion.21

I believe that unsafe abortion will be the relic of our country. And on that note, the
Philippines should take action now in passing the proposed law that decriminalizes
abortion.

20
Ibid.
21
Padilla, “Policy Brief Access to Safe Abortion,” page 7, supra note 1.