top of page
  • Writer's pictureOikonomos Nexus
    • Apr 2, 2022
    • 5 min read

The problematic state of abortion in the Philippines

From the ratification of the Magna Carta of Women thirteen years ago to the vocal and impactful advocacies of organizations and figures that cemented equity and empowerment to the public psyche, we have visibly raised educational, economic, health, and political participation and opportunities for women. Though far from parity, this movement is greatly aided and given credence when we consider exceptional Filipinas who bolstered our national pride by giving us our first Nobel prize and Olympic gold. Indeed, women in the Philippines have never been more empowered.


Yet despite these positive developments, various problems still plague the women of this country. The most notable is how the Philippines severely lagged in one crucial aspect of this multifaceted issue—abortion.


Abortion—under all circumstances—is a criminal offense, punishable by up to six years jail time both for women who terminate their pregnancies and those who help them. While a liberal interpretation of the law may allow abortion to be performed on the grounds of saving a woman’s life and in cases such as rape and incest, its ambiguous nature can be easily used to justify the contrary.


In addition to this restrictive law, Philippine society with its prevalent conservative sentiments coupled with a powerful Catholic church made the topic of abortion taboo and the act morally reprehensible.


This has caused problems on numerous fronts.


The realities of abortion


The threat of penalization and social stigma does not deter the widespread practice of abortion throughout the country, as its main driver—poverty—is just as prevalent.


Though on its way to upper-middle income status, economic prosperity in the Philippines especially among the general populace seem to be lackluster, as on average, Filipino families only earn a daily wage of ₱800. In addition to this fact, nearly a quarter of the population is considered living below the poverty line, meaning that more than 26 million Filipinos are unable to afford their basic daily needs. Thus, contraceptives, most of which cost hundreds of pesos, are essentially out of reach. This circumstance is then partnered with the discontinuation of the supply of free contraceptives by the U.S. Agency for International Development (USAID) and other international donors in 2008, replaced by government programs which proved to be insufficient.


Hence, many Filipino women lack necessary access to these contraceptives, causing many of them to exceed their desired family size by having more children than they want. This makes unintended pregnancy a common occurrence, where data shows that over half of nationwide pregnancies are unintended. Such a case is especially true for young, poor Filipino women living in rural areas, hardly reached by government contraception and family planning programs. These circumstances eventually lead women to resort to abortion, two-thirds of which who avail of such services are poor.


In 2012 alone, 610,000 Filipino women have undergone abortions. But due to its illegality, the majority of which are done in secrecy and through highly unsafe methods, often self-induced and performed in unsanitary conditions using outdated techniques. Since these abortions are not allowed to be conducted in professional settings, over 100,000 were hospitalized, and a thousand died.


This grave issue on women’s health means that on average, 70 women induce abortion hourly, eleven of which would be hospitalized, and three would die daily.


Even more concerning is that despite the passage of laws such as the Reproductive Health (RH) Law (RA 10354) and the Magna Carta of Women (RA 9710), which ensures access to professional post-abortion care, many medical practitioners still deny rendering such health services due to their religious and moral beliefs. Worse is that this denial of service has also been extended to women suffering complications from naturally occurring medical conditions such as miscarriages, incomplete abortion, and intrauterine fetal demise. Despite the lack of legal restrictions, women are still at risk of dying when they are illegally denied needed emergency life-saving care.


Evidently, while the cause such a large number of abortions is socioeconomic in nature, it is not likely for this issue to be solved through poverty alleviation and higher standards of living. The problem is not that there are too many abortions, as even if we reduce its frequency, the illegality of such act and the structures put in place to prevent it and punish people involved in it will still force women to take drastic actions.


An outdated law


Abortion is penalized under Article 256 to 259 of Act No. 3851 or the 1930 Revised Penal Code, which Quezon City-based women rights group EnGendeRights characterize as a “restrictive, colonial, and antiquated law that continues to perpetuate discrimination.” Describing the law as “colonial” and “centuries-old” is not an exaggeration as the law itself is a direct translation (from Spanish to English) of the 1870 Old Spanish Penal Code, the provisions of which can be traced back to the 1822 Spanish Penal Code. Hence, many argue that the context upon which the law was made was in a colonial, conservative Catholic view, one that lacks the contemporary advancements in human and women’s rights enjoyed by our current society, as it was introduced before women’s suffrage (1938 in the Philippines), the Universal Declaration of Human Rights (1948), and the Convention on the Elimination of All Forms of Discrimination against Women (1981).


In a twist of irony, while the Philippines still ban abortion under all circumstances, Spain has already liberalized its abortion laws in 2010, allowing the practice for up to 14 weeks of pregnancy on specific grounds. Other Catholic-majority countries such as Hungary and Portugal permit abortion within a given gestation time frame, while Poland, Ireland, Brazil, and Chile—also with predominantly Catholic populations—authorize the act under exceptional cases.


Towards future empowerment


The illegality of abortion acts as a big thorn on women’s rights and empowerment as it clashes with issues on women’s health, freedom of choice, and bodily autonomy. However, with the existence of regulations and legal pronouncements such as the Magna Carta of Women (which explicitly directs lawmakers to repeal existing laws that are discriminatory to women) and Article 41 of the Civil Code (that expresses the prevalence of those with legal personality over prenatal protection) which serves as solid foundations for the advancement of this cause, the prospects for this issue does not seem to solely lie on preserving the status quo.


Staying in line with the outlook of this issue, a substantial opportunity for change would be the national and local elections in May, which may prove to be a pivotal point for the future realities of this discussion. The prime position of interest would be the president of the republic, whose candidates appear to be divided with their views. Of the five survey frontrunners, Isko Moreno Domagoso and Manny Pacquiao are firm on their disapproval of abortion; Ping Lacson says more information would be needed to make a decision, while Leni Robredo is conflicted but open to discussions. Only Bongbong Marcos expressed a clear approval for the legalization of abortion, but only for severe cases.


----------------------------------------------------------------------------------------------------------------------------------


Written by: Patrick Rabi

Layout and Design by: Dan Kurt Buenaventura



Sources:


Women denied of post-abortion care: World Health Organization, Medical management of abortion, 2018.

Poverty incidence:

Access to contraceptives in the PH:




4 views0 comments

Comments

bottom of page