The legal framework
Articles 256 to 259 of the Revised Penal Code criminalise abortion, for the woman and for anyone assisting. The Constitution directs the State to protect the life of the unborn from conception, balanced against the life of the mother. There is no statutory therapeutic exception, though the necessity defence is discussed by scholars.
Key points
| Legal status | Criminal, with no express statutory exceptions |
|---|---|
| Penalties | Imprisonment for the woman and for providers |
| Post-abortion care | Guaranteed by Department of Health policy, to be provided humanely and without discrimination or reporting to police |
| Contraception | Legal and provided free in public facilities under the Reproductive Health Act |
| Reality | Hundreds of thousands of induced abortions are estimated annually, with significant maternal morbidity |
| Reform | Decriminalisation bills have been filed but have not advanced |
| Total ban | No statutory exception, including for rape or foetal anomaly |
In practice
- Emergency care for bleeding, fever or severe pain is available in any hospital and must be provided.
- National policy prohibits health workers from reporting patients to the police for seeking post-abortion care.
- Public health centres provide free contraception, including for young people aged 15 and over in some services.
- Seek care immediately for bleeding or fever: the law requires facilities to treat and not to report.
- Reproductive health clinics provide contraception free, which is the only lawful preventive route.
Cost and coverage
Public post-abortion care is provided in government hospitals.
Recent changes
The Responsible Parenthood and Reproductive Health Act and the national post-abortion care policy have significantly changed clinical practice, even though the criminal law is unchanged.
Where to go
- Department of Health-accredited hospitals for emergency obstetric care.
- Likhaan and other reproductive health organisations.
- Barangay health stations for contraception.
Worth knowing
If you have complications, go to hospital. National policy is explicit that post-abortion care must be given compassionately and that patients are not to be reported. Health workers are required to provide post-abortion care without discrimination or moral judgement. If you are refused, that refusal is itself unlawful.
Official sources and links
- gov.ph — official government portal