‘Urgent petition to lift’ filed, but TRO on contraceptives still in effect — DOH

The Supreme Court's temporary restraining order (TRO) on contraceptives is still in effect a month after the Department of Health (DOH) and the Office of the President (OP) filed an urgent petition to lift it. 

"TRO not yet lifted, DOH and OP submitted urgent petition to lift in March with thousands of signature from women of reproductive age," Health Secretary Paulyn Jean Rosell Ubial told GMA News Online on Saturday.

The TRO, issued in 2015, bars the government from acquiring or distributing pills, injectables, intrauterine device, implants, vaginal rings, and other brands. It has also kept the FDA from issuing certificate of product registrations (CPR) to certain contraceptive drugs and devices.

The main authors of the law, Albay Rep. Edcel Lagman, stated that the TRO "pierced the heart and soul of the RH Law by making the certification, procurement and access to contraceptives more difficult and cumbersome."

Health Usec. Gerardo Bayugo explained at a briefing in Quezon City in March that one cannot use or purchase products without valid CPRs from the Food and Drug Administration (FDA).

3/9/17:Health Usec Bayugo explains why SC TRO on contraceptive implants needs to be axed before their cert. of product registrations run out pic.twitter.com/TMHM3PVu1T

— Rie Takumi (@rie_takumi) March 18, 2017

"Lahat ng gagamitin mong gamot o planning pills, et cetera, dapat may CPR galing sa FDA," Bayugo explained. "Kung magtatagal ito (TRO) ... mauubos nang mauubos yung mga companies na meron pang valid na CPR."

As CPRs expire, condoms may be the only contraceptive the DOH can offer in the enforcement of Republic Act No. 10354 or The Responsible Parenthood and Reproductive Health Act of 2012 (RH Law).

Negative impact on public health

Commission on Population (PopCom) Executive Director Juan Antonio Perez in the same press conference in March said that the Philippine population will increase from 104 million to 113 million by 2022 if the TRO is maintained.

Maternal deaths may also rise by an additional 1,000 a year.

"Hindi po rin natin ninanais makita na ang Pilipino ay hindi malusog sa susunod na henerasyon," Bayugo said.

"Ito po ang aming gustong ipanawagan at ito po ang aming tungkulin na magiging mahirap kung ang ating TRO ay hindi pa rin magagawan ng paraan at mabigyan kami ng mas maluwag na pagkakataon na maisagawa ang aming katungkulan," he continued.

Condoms are still plentiful, but will remain at barangay health centers and government hospitals as the Department of Education has blocked the implementation of the anti-HIV program that would have offered condoms to senior high schools students.

"Hindi ho nagkakaubusan. We have enough supply of condom and it is available nationwide. 'Yon nga lang ho, it is available in the health center, not in schools," Ubial said.

In January President Rodrigo Duterte signed Executive Order 12, mandating universal access to modern family planning tools.

EO 12 aims to "intensify and accelerate the implementation of critical actions necessary to attain and sustain 'zero unmet need for modern family planning' for all poor households by 2018, and all of Filipinos" within the RPRH Act.

However, the EO has yet to be fully implemented due to possible conflicts within the Duterte-signed order and the TRO. — AT, GMA News