SC waters down RH Law

MANILA, Philippines —The Supreme Court on Tuesday upheld the constitutionality of the controversial Responsible Parenthood and the Reproductive Health (RH) Law, but struck down some of the major provisions.

Voting unanimously, the magistrates upheld the law's provisions granting the Department of Health to procure and distribute contraceptives as well as provide RH education to adolescents.

The high court, however, declared unconstitutional part of Section 7 requiring private health facilities and medical centers owned by religious groups to provide family planning methods.

Save for the 8 items where vote was 11-4,10-5,12-3 or 14-1, the SC was unanimous on the constitutionality of the other parts of the RH Law.

— SC PIO (Official) (@SCPh_PIO) April 8, 2014

Also deemed unconstitutional was Section 23 or prohibitions against health care providers who refuse to perform reproductive health services.

Also read: Supreme Court decision on RH Law: An excerpt | Opposing camps pleased with RH ruling

The court thus allows medical practitioners to refuse to refer a patient to avail of RH services, public officers including mayors and governors to refuse RH programs within their area of jurisdiction, and married individuals to avail of RH procedures only with their spouses' consent.

By declaring the prohibitive clauses illegal, the court similarly gives way to the discretion of health care providers and institutions on matters related to family planning and contraceptives.

Also dropped was Section 17 mandating gynecologists, obstetricians, medical centers and institutions to provide free RH services in order to be accredited by PhilHealth.

The high court similarly rejected characteristics of abortifacients as contraceptives which "primarily" induce abortion. This means that even contraceptives that have abortion only as a secondary effect are illegal.

The decision on Tuesday effectively releases the measure from a status quo ante or halt order, which was imposed on March 19, 2013.

SC spokesman Theodore Te said petitioners have 15 days to appeal the decision.