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MANILA, Philippines (UPDATED) – The Supreme Court on Tuesday, April 2, junked a motion that sought to have the controversial reproductive health law implemented despite unresolved legal questions over its constitutionality.
The SC, voting 10-4, denied for lack of merit a motion filed by former Akbayan Rep. Risa Hontiveros which asked for the lifting of the status quo ante order issued by the High Court on March 19 against the law. (Read: Hontiveros to SC: Don’t let families wait).
The 10 justices who voted to dismiss Hontiveros’ motion are: Presbitero Velasco Jr, Teresita Leonardo De Castro, Arturo Brion, Diosdado Peralta, Lucas Bersamin, Roberto Abad, Martin Villarama Jr., Jose Perez, Jose Mendoza, and Bienvenido Reyes.
Those who agreed with Hontiveros are Chief Justice Maria Lourdes Sereno, and Justices Antonio Carpio, Marvic Leonen and Mariano del Castillo. On leave is Justice Estela Perlas-Bernabe.
The SC voted 10-5 to stop the government from implementing the RH law, which funds the distribution and promotion of contraceptives. It’s a landmark law that took more than a decade of congressional debates to pass.
The order will take effect for 120 days. The SC is set to hold oral arguments on the case in June.
Hontiveros – who is part of the senatorial slate of the Aquino government – said the RH law should be implemented already, however, as every legislative measure passed by Congress enjoys the presumption of constitutionality.
Hontiveros told the Court that contrary to the arguments of the anti-RH petitioners, RA 10354 does not limit the free exercise of religion. Stopping the implementation of the RH law based on religious beliefs alone would in fact lead to the imposition of the same beliefs on everyone else, she said.
Reacting to the Court’s latest decision, Hontiveros said: “It is disappointing. I still maintain that the immediate implementation of the law does not pose any concrete damage to the constitutional rights of any individual. The suspension, however, reinforces a status quo where 11 women die everyday due to lack of access to reproductive health services.”
She added: “The RH law is a tool against ignorance, one that causes death and exposes our youth to various risks. We could have stopped this climate of ignorance that has imperiled our youth for several generations now.”
The law is staunchly opposed by the Catholic Church, which is leading a campaign against lawmakers who support the law and are running for senatorial and local posts in the May mid-term elections. – Rappler.com
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