DAVAO CITY, Philippines—Advocates for abortion decriminalization called for repeal of penal provisions on abortion during an Oct. 12 House discussion, arguing that criminalization puts women’s health at risk.
Evelyn “Leo” Battad, professor at the University of the Philippines Gender Law and Policy Program (GLPP), argued for repealing Articles 256-259 of the Revised Penal Code, saying criminalization is discriminatory.
Ana Maria “Princess” Nemenzo of the Philippine Safe Abortion Advocacy Network (PINSAN) and Decriminalize Abortion Now (DAN) Network presented a position paper urging lawmakers to prioritize health care over criminal punishment.
The groups opposed proposed amendments under House Bill Nos. 4374, 5446, 7132, 7206 and 7632, arguing the measures would retain criminal penalties rather than address barriers to reproductive health care. They said criminalization fuels stigma and can discourage women from seeking medical care.
Philippine Commission on Women (PCW) lawyer Sophia de Castro also supported decriminalization, calling for a rights-based approach to reproductive health and safety.
Constitutional concerns
Jeremy Gatdula, dean of the University of Asia and the Pacific School of Law, raised concerns about decriminalization, citing the constitutional protection of unborn life from conception and the Supreme Court’s ruling in Imbong v. Ochoa.
In its 2014 ruling on the Responsible Parenthood and Reproductive Health Act, the Supreme Court upheld most of the law but struck down several provisions. The decision addressed the constitutional protection of unborn life from conception.
Pro-Life Philippines and other conservative groups argued the state has a duty to protect unborn life, warning that decriminalization could weaken legal protections for the fetus.
Public health approach
Jean Lindo, chair of Gabriela Southern Mindanao and a physician, said the debate over abortion decriminalization should be approached primarily as a public health issue.
“Criminalizing it has not helped the women nor the unborn child. Usually the opposition anchors it on the mother-versus-unborn-child dichotomy, but it shouldn’t be that way,” Lindo told Davao Today in Filipino.
Lindo said policies must consider the health and safety of both women and children. She also raised concerns that exposure to pollutants could contribute to reproductive health problems, including spontaneous abortion, fetal abnormalities and infertility.
She also raised concerns that exposure to pollutants could contribute to reproductive health problems, including spontaneous abortion, fetal abnormalities and infertility.
“In mining-affected communities, there’s so much exposure to pollutants. We want to criminalize the mother, but the corporations bringing those toxins are free from accountability. We should look at how we can provide a safe environment for both women and the child,” Lindo said.
She said criminalization could discourage women from seeking medical assistance, counseling and other forms of support, including options such as adoption.
”When we criminalize, women have no chance to seek help because they’re scared. Then they won’t be able to access the correct health protocols,” she said.
Limited services
Jeanette Ampog, executive director of Talikala Inc., which works with women in prostitution and other marginalized women, said financial insecurity can lead women with unintended pregnancies to consider abortion, particularly when they already have several children to support.
When women approach Talikala about unintended pregnancies, Ampog said the organization first explores whether relatives can help raise the child and discusses adoption as another option.
However, she said adoption can involve lengthy assessments and matching procedures, while women who still want to explore abortion may struggle to find accessible services.
“Although there are safe abortions, we don’t have access to these. As much as we would like to help, we don’t know where to go,” Ampog said in Cebuano.
Talikala explains the health risks of unsafe abortion, including unsupervised medication and dangerous physical methods, to help women understand possible consequences.
Ampog stressed that providing information should not mean imposing a decision.
“At the end of the day, we respect the choice of the woman if she wants to abort. We just have to ensure she has the correct information about it so she has an informed choice,” Ampog said.
She said criminal penalties trap women seeking abortion, denying them bodily autonomy despite bearing pregnancy’s consequences.”
She is trapped by the law,” she said.
Ampog emphasized that vulnerable groups—sex workers, rape survivors and abuse victims—deserve special consideration in reproductive choice debates.
“We can’t just talk about contraceptives or sexuality, and not tackle abortion,” she said.
Ampog called for reproductive health services that are ethical, affordable, and accessible, alongside an environment where women can seek information and support without being branded immoral.
Lindo added that reducing abortion-related harm would also require addressing the circumstances that lead women to consider ending pregnancies, including poverty and public funding for healthcare.
“We have not really addressed the driving forces, the drivers of abortion. Poverty, for example, we have not addressed that,” Lindo added. (davaotoday.com)
