Miriam: Pro-RH groups should appeal SC decision

MANILA, Philippines - Senator Miriam Defensor Santiago wants supporters of the Reproductive Health Law to file a motion for reconsideration on the eight provisions struck down  by the Supreme Court (SC) as unconstitutional.

"I humbly believe that after due consideration, the Supreme Court will find that the presumption of constitutionality in favor of the law, and of good faith in favor of Congress, will be sufficient to convince the Court that all eight provisions are not unconstitutional," Santiago said in a release on Thursday.

The country's highest court recently upheld the constitutionality of the controversial measure except for the eight provisions including Section 7, which requires private hospitals owned by religious groups to refer patients to other health facilities and allow minors suffering miscarriage access to modern family planning methods without the consent of their parents.

Santiago, a co-author and co-sponsor of the RH Law, earlier praised the SC for its ruling. But she also cited three principles in statutory construction that mandate judicial affirmation of the eight provisions that were struck down by the high court:

• The RH law enjoys a presumption of constitutionality, based on the respect of the judiciary for the legislature.
• The presumption of constitutionality dictates that doubt should be resolved in favor of the law; and that the Supreme Court should reconcile the law with the Constitution.
• With respect to the provisions that did not pass muster, the Court should have granted to Congress the presumption of good faith and the presumption that legislative determination of factual issues is correct.

Santiago said under the law, the burden of proof lies on the party who alleges the unconstitutionality of the measure.

"In the eight provisions, the petitioners failed to discharge the burden of proof. It is not entirely clear what quantum of proof was applied by the Court to overcome the presumption of constitutionality," Santiago reiterated.

The senator also again said that she is fairly confident that all the eight provisions struck down by the SC will be given a reconsideration after a more exhaustive study of the principles of constitutional law.