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SC rejects gov’t appeal to lift TRO on contraceptive implants


The Supreme Court (SC) has stood by its decision not to lift the stay order on registration, procurement and distribution of contraceptive implants believed to be abortifacients even as it clarified that only two brands are covered by its order.

According to the high court, it could not lift the temporary restraining order (TRO) it issued in June 2015 prior to the summary hearing to be conducted by the Food and Drug Administration (FDA) on safety, efficacy, quality, and non-abortiveness of the contraceptive products.

"To grant its prayer to lift the TRO would be premature and presumptuous. Any declaration by the Court at this time would have no basis because the FDA, which has the mandate and expertise on the matter, has to first resolve the controversy pending before its Office," the resolution read.

The decision was arrived at the justices' summer session in Baguio City on April 26 but it was released to the media only on Friday.

The ruling was handed down by the SC Special Second Division.

It also clarified that the TRO only stopped the Department of Health (DOH) from registering, recertifying, procuring, and administering Implanon and Implanon NXT, the contraceptive devices subject of the petition filed by the Alliance for the Family Foundation Philippines Inc.

AFFP said the implants, which prevent ovulation for three years, have abortifacient features which the FDA allegedly approved without consulting the public.

"It never meant to enjoin the processing of the entire gamut of family planning supplies that have been declared as unquestionably non-abortifacient. Moreover, the injunction issued by the Court was only subject to the condition that the respondents afford the petitioners a genuine opportunity to their right to due process," stated the resolution penned by Associate Justice Jose Mendoza.

Hours before the SC released the decision, a number of women and men mostly coming from urban poor communities went to the high court to submit the petition signed by more than 300,000 people urging for the lifting of the TRO.

With the TRO in place, they said unintended pregnancies may rise which may result in induced abortion and maternal deaths.

“The TRO should be lifted now if we have to avert an impending national health crisis," said Dr. Juan Antonio Perez III, Executive Director of Commission on Population. — RSJ/BAP, GMA News

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