Supreme Court petition on the RH Law

Last 28 February 2013, on the last day of Pope Benedict XVI's pontificate, we filed a petition before the Supreme Court questioning the constitutionality of RA 10354 (or the RH Law). The petition was the 10th such petition filed before the SC. The legal team is composed of Cristina Montes, Rufino Penny Policarpio III, George Matthew Habacon, and myself. Excerpt:

"'Knowledge of law amounts to little if it overlooks the persons for whose sake law is made.' – Justinian, Roman Emperor

While the legislature therefore enjoys a wide latitude of discretion in the exercise of its functions, such discretion is not absolute. It cannot, under any circumstance, exercise that discretion in a capricious, whimsical, and arbitrary manner. And, in the enactment of laws, it must bow to an objective standard of morality based on reason and proper respect for human nature. Thus, it should not enact laws that offend the fundamental rights of citizens, such as the right to religious freedom. Finally, it must comply with the demands of a democratic government, as well as certain principles and policies held sacred by the Filipino people as embodied in the Constitution. Failing these requirements, any such act of the legislature must be declared constitutionally infirm and stricken down."

Copy of the petition can be found here.

On 20 March 2013, the SC issued a Status Quo Ante Order (see copy here), suspending the implementation of the RH Law for 120 days. Justice Brion's concurring opinion can be seen here. Oral arguments are set for 18 June 2013.