Dura Lex Sed Lex- No matter how a law is hard to believe and difficult to accept, when

by existing principles it is valid and constitutional, its legality shall be upheld.

This representation seeks to prove that the motion assumed by the opposing side is a
pure falsity that deserves no merit and consideration. The provisions of RA 11222 or the
Simulated Birth Rectification Act are clearly within the bounds of law, therefore is
practicable under our existing system, contrary to the position of the affirmative.

Let me build my case by raising three important issues:

1. Is RA 11122 a valid exercise of legislative power?

2. Does the law enjoy the presumption of constitutionality?
3. Does the law violate or does it promote international law?

Yes. Article VI, Section 1 of the 1987 Constitution provides: “The Legislative Power shall
be vested in the Congress of the Philippines which shall consist of a Senate and House
of Representatives, except to the extent reserved to the people by the provision on
initiative and referendum
Ladies and gentlemen, this legislative power is plenary- full and unlimited. Vera v.
Avelino “any power, deemed to be legislative by usage and tradition, is necessarily
possessed by the Congress, unless the organic act has lodged it elsewhere. This
power, as explained by Constitutionalist Joaquin Bernas, does not only mean the
authority to make laws, but it necessarily includes the power to amend or repeal them.
RPC- enacted by Philippine Legislature in 1930.
Justice Luis Reyes on his commentary said that the RPC does not embody the latest
progress of criminal science, as the results of the application of advanced and radical
theories “still remain to be seen”.
It is clear that it was never an intention of the drafters of the Revised Penal Code to
make its provisions final and not open for changes whenever deemed necessary by the
Congress, through its rulemaking powers. It is well within the authority of the legislative
to enact measures to address new developments, and that includes the authority to
enact RA 11222, although contrary to the provision of Article 347 of the RPC. As
reflected in the Repealing Clause of the assailed Republic Act, All other laws, decrees,
letters of instruction, executive issuances, resolutions, orders or parts thereof which are
inconsistent with the provisions of this Act are hereby repealed, modified, or amended
accordingly.
Judge Cooley: To say that the legislature may pass irrepealable laws is to say that it
may alter the very constitution from which it derives its authority; since in so far as one
legislature could bind a subsequent one by its enactments, it could in the same degree
reduce the legislative power of its successors.

2. Yes.
Presumption of Constitutionality
BATANGAS CATV, INC., petitioner, vs. THE COURT OF APPEALS, THE BATANGAS
CITY SANGGUNIANG PANLUNGSOD and BATANGAS CITY MAYOR, G.R. No.
138810 September 29, 2004.
“The issue of unconstitutionality of a law is based on two grounds: the making of the law
is outside the rulemaking power of its authors and the provisions of the law are violative
of fundamental rights”.
Section 3 (b), Article XV of the 1987 Constitution
The State shall defend (2) The right of children to assistance, including proper care and
nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation,
and other conditions prejudicial to their development;
All exhort the State to render social justice. Of special consideration are several
provisions in the present charter: Article II, Section 11 which provides that the "State
values the dignity of every human person and guarantees full respect for human rights,"
Article XIII, Section 1 which mandates Congress to "give highest priority to the
enactment of measures that protect and enhance the right of all the people to human
dignity, reduce social, economic, and political inequalities x x x" and Article XV, Section
3 which requires the State to defend the "right of children to assistance, including proper
care and nutrition, and special protection from all forms of neglect, abuse, cruelty,
exploitation, and other conditions prejudicial to their development."

RA 8552
SC Rule on Adoption- Section 33. Effectivity. - This Rule shall take effect on August 22,
2002 following its publication in a newspaper of general circulation.
Section 8- Rectification of Simulated Birth

3. The transformation method requires that an international law be transformed into

a domestic law through a constitutional mechanism such as local legislation.124
On the other hand, generally accepted principles of international law, by virtue of
the incorporation clause of the Constitution, form part of the laws of the land even
if they do not derive from treaty obligations. Generally accepted principles of
international law include international custom as evidence of a general practice
 accepted as law, and general principles of law recognized by civilized
nations.125 International customary rules are accepted as binding as a result
from the combination of two elements: the established, widespread, and
consistent practice on the part of States; and a psychological element known as
the opinionjuris sive necessitates (opinion as to law or necessity).

United Nation Convention on the Rights of the Child

Article 3: Best interests of the child All actions concerning the child must be based on
his or her best interests.
Universal Declaration on the Rights of the Child
“The child is recognized, universally, as a human being who must be able to develop
physically, mentally, socially, morally, and spiritually, with freedom and dignity.”
The Declaration of the Rights of the Childlays down ten principles (2):

1. The right to equality, without distinction on account of race, religion or national origin.
2. The right to special protection for the child’s physical, mental and social development.
3. The right to a name and a nationality.
4. The right to adequate nutrition, housing and medical services.
5. The right to special education and treatment when a child is physically or mentally
handicapped.
6. The right to understanding and love by parents and society.
7. The right to recreational activities and free education.
8. The right to be among the first to receive relief in all circumstances.
9. The right to protection against all forms of neglect, cruelty and exploitation.
10. The right to be brought up in a spirit of understanding, tolerance, friendship among
peoples, and universal brotherhood.