Duterte hits SC on RH law but case now at FDA

PRESIDENT Rodrigo R. Duterte in his State of the Nation Address (SONA) on Monday, July 24, criticized the Supreme Court (SC) for not lifting its halt order on the Reproductive Health (RH) law — despite earlier clarification by the SC that its order is only issued against distribution of some contraceptives and that the case has since been remanded to the Food and Drugs Administration (FDA) for clearance.

In his SONA yesterday, Mr. Duterte lamented, “Temporary Restraining Order (TRO) has became the bane of [government] projects.”

He then looked at Chief Justice Maria Lourdes P.A. Sereno, who was among his guests in Congress, and added, “I will not attribute anything, Ma’am, to the Supreme Court. Maybe I am at fault, so, I am sorry.”

Mr. Duterte then said: “I’m not for abortion and birth control, but I’m for giving freedom to Filipino families to decide on size of children.” He noted too that “(m)edicines required for [Reproductive Health law] implementation (are) to expire next month.”

The SC, however, has repeatedly clarified that the TRO was issued only on a specific provision of the RH law, the distribution of certain contraceptives, and not the law itself.

On April 26, Ms. Sereno, along with the rest of the high court, voted to junk the Motion for Reconsideration to lift the TRO on the distribution of Implanon and Implanon NXT.

The SC upheld its TRO on the questioned contraceptives, pending clearance from the FDA — the agency tasked to present proof that said contraceptives are safe and are not abortifacients in character.

“After compliance with due process and upon promulgation of the decision of the FDA, the TRO would be deemed lifted if the questioned drugs and devices are found not to be abortifacient,”part of the decision dated April 26 read.

Mr. Duterte on Jan.19 signed Executive Order No. 12 seeking to “intensify” the implementation of the RH law.

The EO tasks the Health department and “all other relevant government agencies” to implement universal access to family planning materials and information “for all poor households by 2018” in order to “attain and sustain zero unmet need for modern family planning.” — Kristine Joy V. Patag