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I. Imbong v Ochoa G.R. No. 204819 April 8, a. In Benagiano, et al.

’s paper entitled Fate


2014 of Fertilized Human Oocytes, it was shown
that pre-clinical pregnancy wastage is at
A. Conception least 50%. Some estimate that the chance
that pregnancy will proceed to birth may be
1. Black's Law - The fecundation of the as low as about 30%. Some causes of this
female ovum by the male spermatozoon wastage are implantation failure,
resulting in human life capable of survival chromosome or genetic abnormality, and
and maturation under normal conditions similar causes. If normalcy is defined by
this percentage, then it is pregnancy
2. Webster's Third New International wastage that is normal and not spontaneous
Dictionary - The act of becoming pregnant, development until birth. Based on these,
formation of a viable zygote; the fertilization there may be no basis to the presumption
that results in a new entity capable of that a fertilized ovum will “ripen into
developing into a being like its parents. human personality”.
3. J. Mendoza (Ponente) – “conception” 2. from the deliberation with Hon.
used in Section 12, Art II of the 1987 Lagman (implantation theory) – various
Constitution, from the deliberations, clearly studies of the WHO supports the theory that
refers to the moment of “fertilization”. life begins from the implantation of the
fertilized ovum.

Arguments to the implantation theory:


B. Fertilization
a. It does not pertain to the beginning of life
1. Textbook of Obstetrics (Physiological &
but to the viability of the fetus.
Pathological Obstetrics) - human life
(human person) begins at the moment of b. The implantation of the fertilized ovum is
fertilization with the union of the egg and the the commencement of conception and it is
sperm resulting in the formation of a new only after implantation that pregnancy can
individual, with a unique genetic composition be medically detected.
that dictates all developmental stages that
ensue. c. When a fertilized ovum is implanted in
the uterine wall, its viability is sustained
2. Philippine Medical Association - but that instance of implantation is not the
fertilization is sacred because it is at this point of beginning of life.
stage that conception, and thus human life,
begins.

D. Personality
C. Humanity 1. What is Civil Personality
1. from the deliberation with Mr. Villegas a. Art. 37, Civil Code - Juridical capacity,
– a fertilized ovum is human as it is only which is the fitness to be the subject of
human cells that has a chromosome count of legal relations, is inherent in every natural
46. person and is lost only through death.
Capacity to act, which is the power to do
xxx. I do not think there is ambiguity because acts with legal effect, is acquired and may
the fertilized egg, in the normal course of be lost.
events, will be developed into a human
being, a fetus, and as long as the normal b. The external manifestation of either
course of events is followed. I think that Juridical capacity or Capacity to act.
the right to life exists and the Constitution
should recognize that right to life. We do not c. May be defined as the aptitude of being
presume accidents; we do not presume the subject, active or passive, of rights and
ambiguities. We presume that as long as it obligations.
is categorized as a fertilized ovum, it will
ripen into human personality. (Emphasis 2. When it commences
supplied)
a. Art 40, Civil Code - Birth determines
Arguments to the fertilization theory: personality; but the conceived child shall be
considered born for all purposes that are
favorable to it, provided it be born later 6. Presumptive Personality (Pseudo-
with the conditions specified in the Persona)
following article. (29a)
a. New Civil Code of 1950 - an unborn
b. Article 5 of PD #603, “Child and child is granted presumptive personality
youth welfare code,” amended article from the time of its conception for civil
40 of civil code. purposes that are favorable to it, although
subject to the condition that it be born
The civil personality of the child shall later.
commence from the time of his conception
(the beginning of pregnancy) for all b. Title I (Crimes Against Persons),
purposes favorable to him, subject to the Chapter 8 (Destruction of Life) of the
requirements of article 41 of the civil code. Revised Penal Code - the killing of viable,
and even non-viable, fetuses may result in
criminal liability.
3. When a child is considered conceived c. 1987 Constitution - Although the
framers of the Constitution expressly
a. Art. 41, Civil Code - For civil purposes, recognized the unborn’s right to life from
the foetus is considered born if it is alive at conception, they did not intend to give the
the time it is completely delivered from the unborn the status of a person under the
mother’s womb. However, if the foetus had law.
an intra-uterine life of less than seven
months, it is not deemed born if it dies xxx. Unlike the rights emanating from
within twenty-four hours after its complete personhood, the right to life granted to the
delivery from the maternal womb. (30a) unborn is in itself complete from
conception, unqualified by any condition.

4. When civil personality is extinguished


II. Republic v Sandiganbayan G.R. No.
a. Art. 42, Civil Code - Civil personality is 152154. July 15, 2003 (J. Puno Concurring
extinguished by death. Opinion)
The effect of death upon the rights and A. Dignity
obligations of the deceased is determined
by law, by contract and by will. (32a) 1. according to Malcolm and Laurel
definition according to Justice Millers
 Death puts an end to civil personality (opus on the American Constitution) – it
is a birth right of every human being.
 Dead person continues to have
personality only through contract, will, or
as determined by law.
III. Legal Consequences of the Construction
of a Wall in the Occupied Palestinian
Territory (Israeli Well advisory opinion)
5. Continental Steel Manufacturing
Corporation v. Hon. Accredited Voluntary What are the legal consequences arising
Arbitrator Allan S. Montano - Life is not from the construction of the wall being
synonymous with civil personality. One built by Israel, the occupying Power, in the
need not acquire civil personality first before Occupied Palestinian Territory, including in and
he/she could die. Even a child inside the around East Jerusalem, as described in the
womb already has life. No less than the Report of the Secretary-General, considering
Constitution recognizes the life of the unborn the rules and principles of international
from conception, that the State must protect law, including the Fourth Geneva
equally with the life of the mother. If the Convention of 1949, and relevant Security
unborn already has life, then the Council and General Assembly
cessation thereof even prior to the child resolutions ?
being delivered, qualifies as death.
[Emphases in the original]

1. Applicable Rules and Regulations


a. Customary principles laid down in b. xxx the wall would prejudge the
Article 2, paragraph 4, of the United future frontier between Israel and
Nations Charter and in General Palestine, the Court observed that the
Assembly resolution 2625 (XXV) - construction of the wall and its associated
Prohibits the threat or use of force and régime created a “fait accompli” on the
emphasize the illegality of any territorial ground that could well become permanent,
acquisition by such means. and hence tantamount to a de facto
annexation.

c. xx the route chosen for the wall gave


b. Principle of self-determination of expression in loco to the illegal measures
peoples, as enshrined in the Charter and taken by Israel with regard to Jerusalem
reaffirmed by resolution 2625 (XXV) and the settlements and entailed further
alterations to the demographic composition
of the Occupied Palestinian Territory, the
Court concluded that the construction of
c. In relation to International the wall, along with measures taken
Humanitarian law, the Provisions of previously, severely impeded the
Hague Regulations of 1907, which the exercise by the Palestinian people of its
court found to have become part of right to self-determination and was thus
customary law a breach of Israel’s obligation to
respect that right.

d. The construction of the wall and its


d. Fourth Geneva Convention of 1949 -
associated régime were contrary to the
holding that these were applicable in those
relevant provisions of the Hague
Palestinian territories which, before the
Regulations of 1907 and of the Fourth
armed conflict of 1967, lay to the east of
Geneva Convention:
the 1949 Armistice demarcation line (or
“Green Line”) and were occupied by Israel i. coupled with the establishment of
during that conflict.
settlements, the construction of the wall
and its associated régime were tending
to alter the demographic composition
e. Other Human Rights Instruments of the Occupied Palestinian Territory,
applicable: thereby contravening the Fourth Geneva
Convention and the relevant Security
i. International Covenant on Civil and Council resolutions.
Political Rights (ICCPR),
e. They impeded:
ii. International Covenant on Economic,
Social and Cultural Rights (ICESCR), i. the liberty of movement of the
inhabitants of the territory as guaranteed
iii. United Nations Convention on the by the International Covenant on Civil
Rights of the Child (UNCRC) and Political Rights,

ii. their exercise of the right to work, to


health, to education and to an adequate
2. The Issue: WoN the construction of the standard of living as proclaimed in the
wall had violated the above-mentioned International Covenant on Economic,
rules and principles? YES. Social and Cultural Rights and in the
United Nations Convention on the
a. Noting that the route of the wall Rights of the Child.
encompassed some 80 per cent of the
settlers living in the Occupied Palestinian
Territory, the Court, citing statements by
the Security Council in that regard in 3. Court’s Advisory Opinion
relation to the Fourth Geneva Convention,
recalled that those settlements had been a. the Court concluded that Israel could
established in breach of international not rely on a right of self-defence or on
law. a state of necessity in order to preclude
the wrongfulness of the construction of
the wall, and that such construction and its
associated régime were accordingly
contrary to international law.

b. Israel must put an end to the violation of


its international obligations by ceasing the
works of construction of the wall and
dismantling those parts of that structure
situated within Occupied Palestinian
Territory and repealing or rendering
ineffective all legislative and regulatory
acts adopted with a view to construction of
the wall and establishment of its associated
régime.

c. Israel must make reparation for all


damage suffered by all natural or legal
persons affected by the wall’s construction.

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