House panel tackles constitutionality of exception on abortion in rape cases

MANILA — Lawmakers tackled the possibility of allowing abortion in rape and sexual abuse cases during a House Subcommittee on Penal Laws meeting on Monday 

Lawyer Harvey Bilang of Ateneo Law School argued this could be constitutionally permissible due to women’s right to security and privacy.


He said Article II, Section 12 of the 1987 Constitution protects the unborn and prohibits decriminalizing abortion. It also makes it state policy to give equal protection to the mother’s life.

“If the state were to allow an exception for rape and sexual abuse cases, I would venture that there’s a greater compelling state interest on the part of the state to ascribe some leeway to the liberty of the woman because she was a victim of a deprivation of her choice, of her liberty,” he said.

He said that the Bill of Rights also guarantees equal protection of the laws and “you weigh the consequences of that and the right of the woman to now choose what happens with her body.”

He said: “I argue that if it’s in rape and sexual abuse cases, it could be permissible.”

But Bataan 1st District Rep. Antonino Roman III, a lawyer and vice chair of the House Committee on Revision of Laws, argued the constitution did not carve out any exception.


“I think, if you do a plain reading, it bars choice. Medyo masamang pakingga (It sounds a little harsh), no? It actually disregards it. Choice has no role in that particular provision,” Roman said.

Bilang replied that constitution is not expected to have “specific exceptions” as it is meant to be general in character.

He added if the chamber adopts an exception, it could be brought to court, where, he said, he believes it will survive a challenge.

“I argue it could be constitutionally permissible because there is a state interest on the part of the state and also the liberty and the right to security and privacy of the women,” he said.

“If you were to balance those two, you could arrive at a conclusion that that is constitutionally permissible in a case filed before the Supreme Court,” he said.