40 QUESTIONS AND ANSWERS ON CONSTITUTIONAL PROTECTION FOR UNBORN CITIZENS
PROVISIONS AND OBSTRUCTIONS IN LAW
13Why is it particularly difficult for jurists and lawyers to accept that the fertilized ovum has rights?
There is also a noticeable tendency among lawyers to think of civil law and jurisprudence as the highest norms of good behavior, without giving proper recognition to the superiority of natural moral law as the principal determinant of good and evil.
It is difficult for legal-minded people to accept that the fertilized ovum has rights because the legal mind has been taught that only "persons" can be subjects of rights; and according to the Civil Code and the Revised Penal Code, one becomes a "person" only at seven months after conception.
14Does this mean that the law cannot defend the life of the unborn below seven months?
In principle, statutory laws MAY defend the life of the unborn even before seven months, and this is left for the arbitrary decision of the legislature.
15Is the legislature not bound to protect the life of the unborn before it reaches seven months of age?
Again, in principle, the legislature is NOT BOUND to protect the unborn before it reaches seven months of age.
Since statutory laws are not fundamental in nature, but are rather specific applications of the fundamental law. Therefore, as long as the constitution is silent on the rights of the unborn, the legislature is NOT OBLIGED to enact statutory laws that would protect the life of the fetus before seven months of age.
As long as the fundamental law is silent on the obligation to protect the life of the unborn from the moment of conception, the legislature and other lawmaking bodies have the option to withdraw protection to fetuses less than months of age.
16What do the present statutory laws actually provide?
Under the present statutory laws, i.e., the Revised Penal Code, killing of the fetus before seven months is penalized. This crime is called "abortion".
17Under the Revised Penal Code, is the crime of "abortion" considered the same as "homicide" or "infanticide"?
No. Under the present statutes, killing human life before seven months is not considered the same as killing human life after seven months. Abortion is, in the present law, distinguished from homicide and infanticide.
This is because by a priori definition, one is recognized by law to be a "person" only seven months after conception.