In the Philippine legal landscape, abortion remains a highly contentious and strictly regulated subject. Unlike many jurisdictions that have moved toward decriminalization or the "period system," the Philippines maintains one of the strictest anti-abortion regimes in the world. The primary statutory basis for this prohibition is found in Act No. 3815, otherwise known as the Revised Penal Code (RPC), which has governed Philippine criminal law since 1932.

The Statutory Framework: Articles 256 to 259

The Revised Penal Code classifies abortion under "Crimes Against Persons." It does not recognize any express exceptions for rape, incest, or fetal impairment. The law punishes not only the person who performs the abortion but also the pregnant woman herself.

1. Intentional Abortion (Article 256)

This article penalizes any person who intentionally causes an abortion. The penalties vary based on the use of violence:

Reclusion temporal: If any person shall use any violence upon the person of the pregnant woman.
Prision mayor: If the act is committed without using violence, but without the woman’s consent.
Prision correccional in its medium and maximum periods: If the act is committed without violence but with the consent of the woman.

2. Unintentional Abortion (Article 257)

This article punishes any person who causes an abortion by "violence, but without intending to cause it." This applies to instances where physical assault against a pregnant woman results in the death of the fetus, even if the perpetrator was unaware of the pregnancy or did not intend the miscarriage.

3. Abortion Practiced by the Woman or by Her Parents (Article 258)

The law specifically targets the pregnant woman:

Prision correccional in its medium and maximum periods: Imposed upon a woman who shall practice an abortion upon herself or shall consent that any other person should do so.
Maximum Penalty: If the woman commits the crime to "conceal her dishonor," the penalty is lower (prision correccional in its minimum and medium periods).
Parental Liability: If the abortion is performed by the parents of the pregnant woman (or either of them) to conceal her dishonor and with her consent, they face the penalty of prision correccional in its medium and maximum periods.

4. Abortion Practiced by a Physician or Midwife and Dispensing of Abortives (Article 259)

The RPC imposes higher ethical and legal standards on medical professionals.

Penalty: The maximum period of the applicable penalties shall be imposed upon any physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same.
Pharmacists: Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall be punished by prision correccional in its minimum and medium periods.

Constitutional Context and the "Right to Life"

The penal provisions are reinforced by the 1987 Philippine Constitution. Under Article II, Section 12, the State is mandated to:

"...equally protect the life of the mother and the life of the unborn from conception."

This constitutional provision is unique. While it does not explicitly mention "abortion," the Record of the Constitutional Commission reveals that the framers intended this clause to prevent the legislature and the Supreme Court from legalizing abortion in the future. It effectively anchors the RPC’s prohibitions in the fundamental law of the land.

The Question of "Therapeutic Abortion"

The Revised Penal Code contains no written "Necessity Clause" or "Life of the Mother" exception. However, legal scholars and medical practitioners often cite the Justifying Circumstance of "State of Necessity" under Article 11, Paragraph 4 of the RPC.

This provision states that no criminal liability is incurred by anyone who causes damage to another to avoid an evil, provided that:

The evil sought to be avoided actually exists;
The injury feared be greater than that done to avoid it;
There be no other practical and less harmful means of preventing it.

In medical practice, if an abortion is performed to save the life of the mother (where the pregnancy poses a direct, mortal threat), it is generally viewed through the lens of medical necessity. However, because this exception is not explicitly written into the abortion articles themselves, it remains a gray area that relies on judicial interpretation and the "good faith" of the medical intervention.

Related Legislation

The Responsible Parenthood and Reproductive Health Act of 2012 (RA 10354): While this law provides access to contraceptives, it explicitly reiterates that "abortion is a crime" and is punishable under the RPC. However, it also mandates that the government shall ensure that all women needing care for post-abortion complications shall be treated and counseled in a humane, non-judgmental, and compassionate manner.
The Medical Act of 1959: This allows for the revocation of a physician's license if they are found guilty of performing an illegal abortion.

Summary of Legal Standing

The Philippines maintains a total ban on abortion in its statutory text. The Revised Penal Code views the fetus as a person with a right to life from the moment of conception, and any interference with that life—whether by the mother, a doctor, or a third party—is treated as a felony. While "therapeutic" interventions to save a mother's life are discussed in the context of "necessity," the lack of explicit statutory exceptions creates a restrictive environment for reproductive healthcare in the country.