OFFICE OF THE PRESIDENT

PHILIPPINE COMMISSION ON WOMEN

“Philippine Machinery for the Advancement of Women”

22 July 2014

ASST. SECRETARY GERONIMO L. SY

Chairperson, Criminal Code Committee
Department of Justice
P. Faura St., Ermita, Manila

Dear Asst. Secretary Sy:

The Philippine Commission on Women (PCW), the national machinery for women’s
empowerment and gender equality, appreciates the commitment and dedication of the
members of the Criminal Code Committee in reviewing the Revised Penal Code and crafting
a new “Philippine Code of Crimes”. We, in the PCW are very glad to work with the
Committee in reviewing the legislative measures, especially those that directly affect
women’s human rights and address gender issues and concerns.

With reference to the Philippine Code of Crimes Book 2 final draft as of 19 November 2013,
the PCW would like to commend the Committee for taking out discriminatory provisions in
the Revised Penal Code such as Articles 333 and 334 on adultery and concubinage, Article
202 on prostitution, Article 351 on premature marriages, and Article 247 on death or
physical injuries inflicted under exceptional circumstances. This is an indication that the
Philippine government is now doing significant efforts to review existing laws with the aim
of amending and/or removing discriminatory provisions as mandated under RA 9710 or the
Magna Carta of Women.

We noticed however, that the provisions on justified abortion exempt from abortion
penalties specified in Criminal Code Book 2 (as of September 6, 2013 draft) were already
taken out. While we acknowledge the fact that abortion per se is illegal, the PCW would like
to put forward an exception to the general prohibition on abortion. We submit that justified
abortion in circumstances where “continuation of pregnancy endangers the life of the
pregnant woman or seriously impairs her physical health” should still be considered.
Although the Constitution imposes upon the State the duty to “equally protect the life of
the mother and the life of the unborn from conception”, we agree with Fr. Joaquin G.
Bernas1, and we quote:

“This does not say that the unborn is a legal person; nor does it deny, however, that
the State under certain conditions might regard the unborn as a person. It does not
assert that the life of the unborn is placed on exactly the same level as the life of the
mother. It recognizes that, when necessary to save the life of the mother, it may be
necessary and legitimate to sacrifice the life of the unborn. It however, denies that

1
Bernas, The 1987 Constitution of the Republic of the Philippines: A Commentary [2003] pp. 84-85
1145 J.P. Laurel Street, San Miguel, 1005 Manila, Philippines Email: edo@pcw.gov.ph
Tel. No.s (632) 735-4955 / 735-1864 website: http://www.pcw.gov.ph
Fax No. (632) 736-4449
 the life of the unborn may be sacrificed merely to save the mother from emotional
suffering or to spare the child from a life of poverty”.

Hence, the PCW strongly recommends to retain the provisions on the exceptions to the
general prohibition on abortion.

Thank you for considering our inputs and recommendations during meetings and
consultations. We look forward to receiving an electronic copy of the latest/final draft of the
Philippine Code of Crimes Book 2 so we can provide further inputs and recommendations.
Kindly send copy to email address: pdad@pcw.gov.ph. If you have questions/clarifications,
please contact our Policy Development and Advocacy Division (PDAD) at telephone numbers
735-8918 or 735-1654 local 109.

Sincerely yours,

EMMELINE L. VERZOSA
Executive Director

1145 J.P. Laurel Street, San Miguel, 1005 Manila, Philippines Email: edo@pcw.gov.ph
Tel. No.s (632) 735-4955 / 735-1864 website: http://www.pcw.gov.ph
Fax No. (632) 736-4449