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Manila: The Supreme Court has cleared the family of a 30-year-old mentally-challenged man of criminal liability in forcing the latter to undergo vasectomy.
"Though undeniably, vasectomy denies a man his power of reproduction, such procedure does not deprive him, either totally or partially, of some essential organ for reproduction," the Supreme Court Third Division said in a precedent-setting decision.
The decision came as a result of an affirmation of a Court of Appeals ruling upholding the dismissal of criminal charges against the parents and a sibling as well as the doctors of a 30-year-old mentally challenged man who was forced to undergo the medical process of sterilisation.
Earlier, Gloria S. Aguirre sued her parents and the doctors who performed the surgical procedure on her adopted brother Laureano "Larry" Aguirre.
Violation of rights
Gloria claimed the decision by her parents, sister and doctors to render Laureano sterile violated his rights as an individual since he had not been given the freedom of choice.
Gloria filed child abuse, exploitation and anti-discrimination charges against her parents, Mr and Mrs Pedro Aguirre, her younger sister, Michelina S. Aguirre-Olondriz, and physicians Dr Juvido Agatep and Dr Marissa B. Pascual.
But the Supreme Court in its decision affirming the appellate court's earlier ruling dismissing Gloria's complaint, said there had been no abuse of discretion on the part of the Justice Department.
"Considering the above recommendation, respondent Pedro Aguirre's written consent was deemed sufficient in order to proceed with the conduct of the vasectomy.
"Hence, on January 31, 2002, respondent Dr Agatep performed a bilateral vasectomy on Larry," court records said.
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