THE Department of Health has asked the Supreme Court to lift the temporary restraining order it issued in June 2015 stopping the government from purchasing, selling, distributing, dispensing, administering, advertising or promoting contraceptive implants.
The department, through Solicitor General Jose Calida, also appealed to the high court to reverse its Aug. 24, 2016 decision ordering the Food and Drug Administration to determine whether certain contraceptive drugs and devices are abortifacients or non-abortifacients.
The department made its appeal even as various labor groups joined reproductive health advocates in calling the Supreme Court to lift its restraining order on the implementation of RA 10354 or the Responsible Parenthood and Reproductive Health Act of 2012.
Partido Manggagawa secretary-general Judy Ann Miranda said the high court’s order did uphold the constitutionality of the RH law but stopped the purchase and distribution of certain contraceptives until those could be certified under new rules.
The high court issued its order on contraceptive implants as it nullified the certification and recertification earlier issued by the FDA covering 77 contraceptive drugs and implants due to the failure of the Health department to comply with the basic requirements of due process.
It issued its order a year after it ruled that the Responsible Parenthood and Reproductive Health Act of 2012 was constitutional.
The tribunal said the FDA certified, procured and administered contraceptive drugs and devices without observing the basic tenets of due process, without notice and without public hearing despite the constant opposition from the Alliance for the Family Foundation Philippines and one Maria Concepcion Noche.
But the Health Department together with the Population Commission and the FDA said the high court’s order could jeopardize the Family Planning program and lead to increased mortality and morbidity among women and infants.
“If carried out, the SC decision could result in over 900 additional maternal deaths every year arising from almost one million unintended pregnancies that could have been addressed by the full implementation of the Family Planning Program, PopCom executive director Juan Antonio Perez said.
“Those who oppose the law in the legislative arena are now trying to reverse the judgment of history through back-door judicial dilatory tactics, but the millions of Filipinos who stand to benefit from the law will surely bring all of this to an end.”