Health Secretary Francisco Duque III renewed his commitment to fully implement the Responsible Parenthood and Reproductive Health Law as the Food and Drug Administration of the Philippines declared 51 family planning products as medically safe and non-abortifacient.
The contraceptives include sub-dermal implants-Implanon and Implanon NXT, the subject of the petition resulting in the issuance of a Temporary Restraining Order by the Supreme Court in June 2015.
“We assure everyone the full and strict implementation of the RH law which President Duterte ordered earlier this year, would be fair, evenhanded and not adversely affect our people’s health,” said as he welcomed the decision of the FDA.
The Forum, together with the rest of the reproductive health advocates, welcomed and celebrated the findings.
“The FDA’s positive findings is a welcome development, especially for the millions of Filipinos calling for the lifting of the TRO against contraceptives and the full implementation of the RPRH law,” said Benjamin de Leon, president of The Forum for Family Planning and Development (The Forum), one of the pro-RH groups who filed for a Motion for Reconsideration.
With the FDA resolution and findings, the TRO is deemed lifted. This means that after a protracted legal battle, the Reproductive Health law will now be fully implemented.
Duque said it is incumbent on all public officials to defer to the technical expertise if regulatory agencies like the FDA, and to likewise defer to the wisdom of the members and leadership of the Supreme Court in formulating their legal opinions on such matters.
He expressed optimism that the entire public health sector, other concerned agencies, civil society and the private sector partners shall extend their full cooperation in the smooth and expeditious implementation of the program that is crucial in advancing the reproductive health of women, men and adolescents and the socioeconomic agenda of the Philippine government.
The Forum also lauded the efforts of the national government, particularly that of President Duterte and Secretary Ernesto Pernia of the National Economic and Development Authority, for openly declaring support for the RPRH law and their continued call for its immediate implementation.
“After two long years, we would finally be able to implement our family planning program based on our RPRH Law. With a major barrier to our family planning program removed, we can now assure that every Filipino of reproductive age are provided with the whole range of quality family planning products and services that are effective, medically safe and non-abortifacient.” de Leon said.
Meanwhile, opposition leader and Albay Rep. Edcel Lagman, the head of the minority bloc in the House of Representatives, wants a bigger budget for the government’s family planning program.
Lagman has stressed the need to augment the 2018 proposed appropriations for family planning supplies and devices in the General Appropriations Bill (GAB) following the Food and Drug Administration (FDA)’s recertification as non-abortion causing all 51 contraceptives, including the controversial sub-dermal implanon and implanon NXT and the commonly-used copper intrauterine device (IUD).
“When sessions resume starting November 20, 2017, the Senate can introduce the requisite increase since it is still deliberating on the 2018 GAB or the augmentation can be effected by the bicameral conference committee on the GAB which is expected to be convened towards the end of November or early December,” Lagman said.
Lagman said the 2018 proposed budget for family planning commodities as approved by the House of Representatives under House Bill 6215 only amounted to P342,482,000.00 due to the temporary restraining order (TRO) issued by the Supreme Court on June 17, 2015.
Lagman said the TRO and the pending recertification process by the FDA “justified” the small appropriation for family planning supplies.
“The subject TRO restrains the recertification and certification of covered contraceptives and their procurement and use pending the action of the FDA with due process accorded to oppositors,” Lagman said.
Pursuant to the Resolution dated April 26, 2017 by the high court, Lagman said “after compliance with due process and upon promulgation of the decision of the Food and Drug Administration, the temporary restraining order would be deemed lifted if the questioned drugs and devices are found not abortifacients.”
“The recertification of the 51 contraceptive products as non-abortifacient signals the automatic lifting of the TRO and the need for additional appropriations for family planning supplies and devices because there are more contraceptives to procure for free distribution to marginalized acceptors,” Lagman said.