40 QUESTIONS AND ANSWERS ON CONSTITUTIONAL PROTECTION FOR UNBORN CITIZENS
18Under our present statutory laws, the Revised Penal Code, abortion is illegal. What good would it do if the unborn is provided with constitutional protection from the moment of conception?
It would guarantee the protection of the life of the unborn from any legislation that would withdraw, repeal, or render ineffectual the existing statutory laws penalizing abortion. The law books have to be rewritten to redefine "abortion," equating it with "homicide," specifically, with "infanticide."
The unborn child, from the moment of its conception, would in effect be granted a presumptive legal personality until birth. This legal personality would be a constitutional conferral of the right to life of the unborn, from the moment of conception. In other words, the fertilized ovum, throughout its development until birth, shall be recognized conditionally as a human "person" in the eyes of the law, with certain primordial human rights, without necessarily granting to it the complete Bill of Rights.
Finally, all abortifacient means of contraception will automatically be rendered illegal, and their use criminal. The IUD, the morning-after pill, and hormonal injections are some examples of abortifacient methods of birth control. They are not strictly speaking contraceptives, since they act AFTER fertilization, by preventing the fertilized ovum from implantation on the uterine wall.
19What overriding criteria should constitution-makers bear in mind with respect to jurisprudence and statutory law?
It should be borne in mind that statutory laws are meant to flow from the Constitutional, not vice versa.
In rewriting the Constitution, it must be remembered that the fundamental law is superior to any statute and must not be constrained by such inferior laws, or even so-called "settled" jurisprudence which, no matter how settled it may be, is not immune from defect. The very purpose of rewriting the constitution is to correct errors and to remove defects. If statutory law must be rewritten, then so be it. If the lexicon of law must be redefined, likewise, so be it.
The choice between an allegedly flawless record of legalese consistency (jurisprudence) and the risk of continued or impending injustice is clear. To choose the former would be to affirm that human justice is equivalent to divine justice ó which it is not, in fact.
Statutory laws are inferior to the fundamental law, and as such, Constitution-writing must be limited neither by statutes nor jurisprudence, but by the true demands of moral ethics for the sake of the common good.
20Is there really a possibility that abortion can be legalized in our country in the future? What are the chances of this?
Yes, there is a strong possibility that abortion can be legalized in the Philippines in the future. No human law is absolutely perfect. That is why they are amendable or repealable. Since a Constitution is presumably more perfect than any statute, statutes are more prone to change.
The experience of other countries should warn us that no government or nation is invulnerable to the legalization of abortion. We must realize that there are well-funded international groups and associations that actively promote the practice of abortion. Although their arguments may be false or immoral, they can be very convincing.
These arguments have proliferated, especially among feminist groups, of both the liberal and socialist bent. Moreover, there are international organizations dedicated to the promotion of abortion as a means of population control.
21Is abortion being used in other countries as a means of population control? Can you cite some examples?
Yes. Abortion clinics on wheels are being run in India by the Marie Stopes Society as part of the population control program. The International Planned Parenthood Federation does not hide the fact that it considers abortion as just another means of birth control.
It can also happen that abortion and infanticide is resorted to because of state policies to limit births. China has imposed a limit of two children per family. As a consequence, Parents either abort or kill at birth any female child, because males are more productive in farm work.