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SC keeps TRO on contraceptive implants


The Supreme Court has decided not to lift the stay order on the procurement, sale, promotion, and distribution of contraceptive implants being used by the Department of Health in its family planning program.

Striking down the government's plea, the SC Second Division found it necessary to keep the temporary restraining order which was secured by pro-life group Alliance for the Family Foundation Philippines (ALFI) in June last year.

The TRO specifically stopped the DOH from "procuring, selling, distributing, dispensing or administering, advertising and promoting" the hormonal contraceptive Implanon and Implanon NXT.

ALFI said the implants, which prevent ovulation for three years, have abortifacient features which the Food and Drug Administration allegedly approved without consulting the public.

The Office of Solicitor General had argued that the TRO would result in the depleted supply of contraceptive drugs and devices in both accredited public health facilities and in the commercial market.

Vast quantities of Implanon and Implanon NXT may also be put to waste as these will expire while being stored in government warehouses, the OSG said.

The SC, however, said the FDA has yet to conduct a hearing on ALFI's concerns on the implants.

“To lift the TRO at this time would be to grant a motion for execution before a trial. The Court emphasized that the TRO did not mean that the FDA should stop fulfilling its mandate to test, analyze and scrutinize and inspect drugs and devices,” the SC said.

What is being stopped, the SC said, is the grant of certification or re-certification of contraceptive drugs without giving ALFI the chance to give its position and the distribution and administration of Implanon and Implanon NXT and other similar contraceptives "until they are determined to be safe and non-abortifacient."

The SC directed the DOH and FDA to formulate guidelines, procedures in the screening, evaluation, approval, purchase and distribution of all contraceptive drugs that will be used under the Responsible Parenthood and Reproductive Health Law (Republic Act 10354), taking into account the need to observe due process such as notice and hearing.

“The rules and regulations or guidelines shall provide sufficient details as to the manner by which said product and supply shall be strictly regulated in order that they will not be used as an abortifacient and in order to sufficiently safeguard the right to life of the unborn,” the SC said.

The high court also ordered the DOH to come up with a complete and correct list of the government's reproductive health programs and services.

The law was enacted in 2012 after years in the legislative mill. It became effective in 2014 after the SC upheld its constitutionality except for some provisions in the law and its implementing rules and regulations that violate religious freedom and integrity of marriage. —KBK, GMA News

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