1. Imbong vs.

Ochoa, GR 204819, April 8, 2014

Reproductive Health Law; The use of contraceptives and family planning methods in the Philippines is
not of recent vintage.—As expounded earlier, the use of contraceptives and family planning methods in
the Philippines is not of recent vintage. From the enactment of R.A. No. 4729, entitled “An Act To
Regulate The Sale, Dispensation, and/or Distribution of Contraceptive Drugs and Devices” on June 18,
1966, prescribing rules on contraceptive drugs and devices which prevent fertilization, to the promotion
of male vasectomy and tubal ligation, and the ratification of numerous international agreements, the
country has long recognized the need to promote population control through the use of contraceptives
in order to achieve long-term economic development. Through the years, however, the use of
contraceptives and other family planning methods evolved from being a component of demographic
management, to one centered on the promotion of public health, particularly, reproductive health.

Same; Constitutional Law; Equal Protection of the Laws; It is apparent that the Framers of the
Constitution emphasized that the State shall provide equal protection to both the mother and the
unborn child from the earliest opportunity of life, that is, upon fertilization or upon the union of the
male sperm and the female ovum.—It is apparent that the Framers of the Constitution emphasized that
the State shall provide equal protection to both the mother and the unborn child from the earliest
opportunity of life, that is, upon fertilization or upon the union of the male sperm and the female ovum.
It is also apparent is that the Framers of the Constitution intended that to prohibit Congress from
enacting measures that would allow it determine when life begins.

Same; Same; View that the Reproductive Health (RH) Law as worded contradicts the constitutional text
of the Family Provisions as well as the established constitutional principles on the family.—The RH Law
as worded contradicts the constitutional text of the Family Provisions as well as the established
constitutional principles on the family. The pertinent policy declarations are contained in Section 2 of
the RH Law quoted hereunder: SEC. 2. Declaration of Policy.—x x x Moreover, the State recognizes and
guarantees the promotion of gender equality, gender equity, women empowerment and dignity as a
health and human rights concern and as a social responsibility. The advancement and protection of
women’s human rights shall be central to the efforts of the State to address reproductive health care.
x x x x x x x x x The State likewise guarantees universal access to medically-safe, non-abortifacient,
effective, legal, affordable, and quality reproductive health care services, methods, devices, supplies
which do not prevent the implantation of a fertilized ovum as determined by the Food and Drug
Administration (FDA) and relevant information and education thereon according to the priority needs of
women, children and other underprivileged sectors, giving preferential access to those identified
through the National Household Targeting System for Poverty Reduction (NHTS-PR) and other
government measures