Imbong, et al. v. Ochoa, et al., Philippines, G.R. No. 204819 (2014)

The petitioners alleged that Republic Act 10354, also known as the Responsible Parenthood and Reproductive Health Act (“RH Law”), was unconstitutional because it violated the right to life of the unborn, the right to health, the right to freedom of religion, and the right to free speech. The RH Law provides poor and marginalized Filipinos with information and access to family planning methods, such as supplies, services, and education related to reproductive health. The RH Law also criminalizes certain acts and omissions related to contraceptives and reproductive health, and imposes penalties for such violations. Importantly, the Supreme Court noted that, while the Constitution prohibits abortion and abortifacients, it does not prohibit contraceptives or alternative methods of family planning. Regarding the petition, the Supreme Court found that the RH Law did not interfere with the right to life of the unborn because, consistent with the Constitution, it prohibits abortion and abortifacients. The Court also concluded that the RH Law did not violate the right to health because sufficient protections exist to ensure the safety of contraceptives available to the public, such as the requirement that contraceptive drugs and devices necessitates a prescription from a licensed physician. The Court also addressed the rights to religious freedom and freedom of speech, which it combined into a single issue. The petitioners claimed that the RH Law violates the freedom of religion of medical professionals who, in compliance with the law, are forced to administer contraceptives against their religious beliefs. The Court agreed with this argument, finding that freedom of religion takes precedence over the State’s interest to provide information and access to health services, procedures, and products. In other words, the Court held that health providers are exempt from the RH Law if compliance would interfere with their religious convictions. The Court ultimately struck down certain provisions of the RH Law as unconstitutional, but declared the law itself as constitutional. 

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  • 2014

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