Question on Article III, Section 5

Section 23-A-1 of the Responsible Parenthood and Reproductive Health Act punishes
reproductive health providers, regardless of their religious belief, who fail or refuse to
disseminate information regarding RH services and programs. Petitioners contend that this
violates the free exercise clause. Decide.

Answer
As held in Imbong vs. Ochoa, in case of conflict between the religious beliefs and moral
convictions of individuals and the interest of the State to provide access to reproductive
health services, the religious freedom of the health care provider should be accorded
primacy. There is no more compelling State interest which can limit the freedom of
religion of the conscientious objectors. There is no immediate danger to the life or health
of the person seeking such services.

Question on Article IX

The Commission on Audit disallowed the payment of retainer fees to the law firm of Laguesma
Magsalin Consulta and Gastardo for legal services rendered to Clark Development Corporation.
What are the requisites before a GOCC may hire the services of a private counsel?

Answer:
In the case of The Law Firm of Laguesma Magsalin Consulta and Gastardo v. COA, it
was held that the GOCC may hire the services of a private counsel in exceptional cases
with the written conformity and acquiescence of the Government Corporate Counsel, and
with the concurrence of the Commission on Audit