Miguel Rafael D. Ramos, MDSan Beda College of MedicineBioethics II

Strong connection between law and ethics in biomedicineLaws may be rigidIt is important to be familiar with laws related to ethical issues

1987 Constitution of the Republic of the PhilippinesRevised Penal CodeRepublic Act 7170Supreme Court decisionRH Bill

The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institutionIt shall equally protect the life of the mother and the life of the unborn from conception

The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government

Roe versus Wade (1973)Mandates the State to recognize the sacredness of family lifeIt does not say that the unborn is a legal person, and does not assert that the life of the unborn is equal to the life of the mother.

Human life is assumed to begin from the moment of conception The embryo is considered as a separate human being with the right to life

Art. 246. ParricideAny person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death.

Art. 253. Giving assistance to suicideAny person who shall assist another to commit suicide shall suffer the penalty of prision mayorif such person lends his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of reclusion temporalHowever, if the suicide is not consummated, the penalty of arresto mayor in its medium and maximum periods, shall be imposed

Art. 256. Intentional abortionAny person who shall intentionally cause an abortion shall suffer:The penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant woman.The penalty of prision mayor if, without using violence, he shall act without the consent of the woman.The penalty of prision correccional in its medium and maximum periods, if the woman shall have consented.

Art. 257. Unintentional abortionThe penalty of prision correccional in its minimum and medium period shall be imposed upon any person who shall cause an abortion by violence, but unintentionally.

Art. 258. Abortion practiced by the woman herself of by her parentsThe penalty of prision correccional in its medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself or shall consent that any other person should do so.

Art. 259. Abortion practiced by a physician or midwife and dispensing of abortivesThe penalties provided in Article 256 shall be imposed in its maximum period, respectively, upon any physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same. Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer arresto mayor and a fine not exceeding 1,000 pesos.

Section 2: (j) "Death - the irreversible cessation of circulatory and respiratory functions or the irreversible cessation of all functions of the entire brain, including the brain stem.

Section 2: A person shall be medically and legally dead if either: (1) absence of natural respiratory and cardiac function and, attempts resuscitation would not be successful in restoring those functions; or(2) irreversible cessation of all brain functions; and considering the absence of such functions, furthers attempts at resuscitation or continued supportive maintenance would not be successful in restoring such natural functions

March 30, 1981Mariano R. Basa, Petitioner, vs. Workmen's Compensation Commission and Republic Of The Philippines (Department of Justice), Respondents.

Mariano R. BasaRetired municipal judge1969: suffered a heart attack that incapacitated him from further performing his function as municipal judgeAwarded total disability benefits

Mariano R. Basa1975: suffered a second heart attackResulted in loss of speech and weakening of his bodyClaim for reimbursement of medical expenses was denied1981: Sought review of the 1975 decision

ResolutionWherefore, the decision of the respondent commission is hereby reversed and set aside and the respondent department (now ministry) of justice is hereby ordered to pay petitioner the sum of nineteen thousand eight hundred eighty (P19,880.00) pesos as reimbursement for medical expenses.

RationaleIn much the same way that euthanasia is not even prescribed as the extreme remedy for what appears to be a terminal case, we should not be oblivious to the possibility that medical science may devise somehow, sometime during the lifetime of the disabled employee, a remedy to banish his pain and to completely rehabilitate him physically, mentally and socially.

The Responsible Parenthood, Reproductive Health and Population and Development Act of 2011.Universal basic human right to reproductive health by all personsUniversal access to medically-safe, legal, affordable, effective and quality reproductive health care services

Recognizes that abortion is illegal and punishable by lawOffers treatment for post -abortion complications

Access to:Skilled birth attendantsEmergency obstetric careNeonatal health careFamily planning supplies (National Drug Formulary)Mandatory Age-Appropriate Reproductive Health and SexualityEducation (Grade 5 to 4th year HS)

Promotion of reproductive health by BHWs = 10% increase in honorariaIdeal family size: 2 childrenEmployers with more than 200 employees shall provide reproductive health services to all employees in their own respective health facilities

Prohibited Acts:Knowingly withholding information or restrict the dissemination thereof, and/or intentionally provide incorrect information regarding programs and services on reproductive healthRefusing to perform legal and medically-safe reproductive health procedures on any person of legal age on the ground of lack ofthird party consent or authorization

Prohibited Acts:Refusing to extend health care services and information on account of the persons marital status, gender, sexual orientation, age, religion, personal circumstances, or nature of workProvided that the conscientious objection of a healthcare service provider based on his/herethical or religious beliefs shall be respected

Prohibited Acts:Any public official who, personally or through a subordinate, prohibits orrestricts the delivery of legal and medically-safe reproductive health care services including family planning; or forces, coerces or induces any person to use such services