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.
