THE Supreme Court has been prodded to immediately lift the temporary restraining order it issued in June 2015 stopping the government from “procuring, selling, distributing, dispensing and administering, advertising and promoting” contraceptive implants.
In a twenty-page motion, the Filipinos Voices for Reproductive health, Philippine NGO Council on Population Health and Welfare, Philippine Center for Population and Development and Philippine Legislators’ Committee on Population and Development Foundation Inc., former health secretary Esperanza Cabral and former presidential assistant for social development Ben de Leon sought to be recognized as intervenors in the case.
The movant-appellants also pleaded for the reversal of the decision issued by the Court’s Second Division last August 24, 2016, arguing that it would deprive millions of Filipino women access to contraceptives.
According to them, depriving women access to contraceptives would surely result in the further deterioration of the already problematic reproductive health situation in the country.
They said unplanned pregnancy rates of almost 40 percent will shoot up as well as teenage pregnancy fates.
Even maternal deaths from preventable childbirth complications, which is now estimated to be at 14 deaths a day will spike.
Earlier, the Department of Health also sought the sought the reversal of the Court’s decision issued last August 24, 2016 which also ordered the Food and Drug Administration to determine whether certain contraceptive drugs and devices are abortifacients or non-abortifacients.
The high court issued the order as it nullified the certification and re-certification earlier issued by the agency covering 77 contraceptive drugs and implants due to the failure of the DoH to observe and comply with the basic requirements of due process.
The SC held that the FDA certified, procured and administered contraceptive drugs and devices, without the observance of the basic tenets of due process, without notice and without public hearing, despite the opposition of petitioners Alliance for the Family Foundation Philippines and a certain Maria Concepcion Noche.
In their motion for reconsideration, the DOH together with the Population Commission and FDA, argued that it could jeopardize the effective methods of the Family Planning program, which is being implemented by them through local government units and civil society nationwide, and lead to increased mortality and morbidity among women and infants.
While the Court ruled to struck down the certifications and re-certifications and the distribution of the questioned contraceptive drugs for being violative of the constitutional right to due process, it nevertheless remanded to the FDA the petitions filed by AFFP and Noche.
The SC agreed with the petitioners that the FDA should “observe the basic requirements of due process by conducting a hearing, and allowing petitioners to be heard” on the matter.
The petitioners claimed that the use of Implanon was against the spirit of the reproductive health law.
It also accused the DOH of implementing the Reproductive Health Law “without observance of due process and with grave abuse of discretion amounting to lack or excess of jurisdiction.”