There are no losers, only victors in the Supreme Court (SC) ruling that declared the Reproductive Health (RH) law as “not unconstitutional”.
At least that was the initial reaction of representatives of the Catholic Church and groups that lobbied against and for the law. Archbishop Socrates Villegas, president of the Philippine’s Catholic bishops, talked about the Church moving on after the SC ruling watered down provisions that they considered unacceptable.
Most provisions deemed unconstitutional by the High Court would have penalized health workers or health care providers that refuse to support or refer patients not in an emergency situation to hospitals that offer reproductive health services and drugs.
The court also struck down as unconstitutional Section 3.01 (a) and (j) of the implementing rules and regulations that in the view of 14 out of the 156 justices would have violated an unborn’s right to life and protection from the moment of conception.
Still, the court upheld the constitutionality of most of the law.
The Church’s claim to victory may be surprising considering that they wanted nothing less than the repeal of the law , which they consider as anti-life and pro-abortion.
The claim to victory lies in the fact that the provisions they questioned can still be challenged by anyone in their fold or anyone who doesn’t believe in the RH law before the court. It also doesn’t stop them or anyone else from campaigning anew for its repeal or further amendments.
But that’s something proponents of the RH law won’t take sitting down. For them, the ruling that declares only certain provisions as unconstitutional is not only a victory but provides grounds for further amendments that can advance better health care for all women.
Unlike in the US, where abortion under certain conditions is legal despite intensified lobbying from various religious and secular groups, RH proponents are careful enough not to tread these waters knowing that even with increased public support for the RH law, abortion remains taboo and unacceptable.
The ruling on the RH law provides Filipinos with enough options to plan their own family, regardless of their religious or political beliefs.
The SC ruling merely gave the Church and its adherents a choice not only to question the law but to ignore it.
In effect, the Supreme Court ruled that the RH law shouldn’t be forced on the public nor should some who are against it be penalized for choosing to ignore it.
The ruling reaffirmed the freedom of choice. Both sides of the fence should acknowledge and respect it.