Salient Features of the RH Bill (HB 5043)

Posted by Admin | Posted in Family Law, Government and the State, Philippine Constitution | Posted on 17-10-2010

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  • State Policies

1) The state upholds and promotes responsible parenthood, informed choice, birth spacing and respect for life in conformity with internationally recognized human rights standards. (Section 2)

2) The state guarantees universal access to medically-safe, legal, affordable and quality reproductive health care services, methods, devices, supplies and relevant information thereon even as it prioritizes the needs of women and children among other underprivileged sectors. (Section 2)

  • Important Guiding Principles

1) Gender equality and women empowerment are central elements of reproductive health and population development. (Section 3c)

2) The limited resources of the country cannot be suffered to be spread so thinly to service a burgeoning multitude that makes the allocations grossly inadequate and effectively meaningless. (Section 3e)

  • Abortion is still a crime.

While nothing in this Act changes the law on abortion, as abortion remains a crime and is punishable, the government shall ensure that women seeking care for post-abortion complications shall be treated and counseled in a humane, non-judgmental and compassionate manner. (Section 3m)

  • Reproductive Health Rights

The rights of individuals and couples to decide freely and responsibly the number, spacing and timing of their children; to make other decisions concerning reproduction free of discrimination, coercion and violence; to have the information and means to carry out their decisions; and to attain the highest standard of sexual and reproductive health. (Section 4d)

  • Reproductive Health Care

This refers to the availability of and access to a full range of methods, techniques, supplies and services that contribute to reproductive and sexual health and well-being by preventing and solving reproductive health-related problems in order to achieve enhancement of life and personal relations. (Section 4g) Read the rest of this entry »

State Powers: Eminent Domain

Posted by Admin | Posted in Philippine Constitution, Special Civil Actions | Posted on 16-07-2010

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The power of eminent domain involves the power and right of the state (through its government) to appropriate or take private property to be used for a public purpose. This process of taking is popularly known as expropriation. A compulsory sale to the government, it places a limitation on one’s property rights. That is why, before the government can validly take any private property, it must comply with strict legal requirements.  This is in accord with the Constitution which says:  “no person shall be deprived of property without due process of law”.pinoylegal

The following are the basic limitations on the exercise of this power:

1) It must be for a public purpose; www.pinoylegal.com

2) There must be a necessity for its exercise, which should be genuine and public in character; and

3) The owner of the private property must be paid just compensation.

But for local government units (province, city, municipality or barangay), the requirements are more specific.

1) There must be an ordinance enacted by the local legislative council authorizing the local chief executive, in behalf of the LGU, to pursue expropriation proceedings over a particular private property. pinoylegal

2) It is exercised for public purpose, use or welfare, or for the benefit of the poor and the landless.

3) There is payment of just compensation. www.pinoylegal.com

4) A valid and definite offer has been previously made to the owner but it was rejected.

5) It must be in accordance with RA 7279 (Urban Development and Housing Act of 1992), specifically:

a) Section 9: In the order of priority in the acquisition of land, privately-owned land ranks last.

b) Section 10: As to the modes of land acquisition, expropriation should be used only when other modes (joint venture agreement or negotiated purchase) have been exhausted.pinoylegal