SC urged:Lift TRO on RH

MANILA, Philippines - Saying temporary restraining orders are “the bane” of efficiency, President Duterte urged Chief Justice Maria Lourdes Sereno and the Supreme Court yesterday to lift the SC’s TRO on the reproductive health (RH) law.

While Duterte recognized the SC’s authority, he expressed frustration that the issuance of TROs has derailed government projects, notably the implementation of the Responsible Parenthood and Reproductive Health Act, which was passed in 2012.

“Itong Congress na ’to (This Congress) passed the reproduction law... Dapat i-implement (It should be implemented) because they are going into family planning,” he said in his speech.

“(The) TRO would delay the projects... ’yang TRO na iyan is the bane of our efficiency,” Duterte said.

Sereno, in the gallery section for VIPs, was seen merely smiling while the President was delivering his address that lasted two hours, followed by his meet-up with protesters then a press briefing.

In June 2015, the SC imposed a TRO on the procurement and distribution of hormonal contraceptive implants Implanon and Implanon NXT, and later expanded the TRO to cover other contraceptives.

He also asked Health Secretary Paulyn Ubial to look for possible beneficiaries of the implants to put them to good use before their expiration.

“I am not for abortion, I am not for birth control, but certainly I am for giving freedom to Filipinos to decide the size ng pamilya nila (of their family)... How many children will they be able to support and send to school?” the Chief Executive said.

In his first SONA, Duterte said that the RH law “must be put into full force and effect, so that couples, especially the poor, would have freedom of informed choice on the number and spacing of children they can adequately care and provide for, eventually making them more productive members of the labor force.”

Yesterday, Duterte also lamented how the procurement process has delayed the grant of medical equipment he had earlier promised for the Armed Forces of the Philippines Medical Center, which was part of his move to help boost the morale of soldiers who sacrifice their lives for the people.

Addressing Ubial, Duterte said the health chief should better “change” the procurement process or “I will change you.”

Misinformed?

Was Duterte misinformed when he criticized the SC for the said TRO?

In the latest development on the TRO, the SC has resolved the DOH’s appeal on it in a ruling released last May.

The high court held that it cannot lift the TRO prior to the summary hearing to be conducted by the Food and Drug Administration on the safety, efficacy, purity, quality and non-abortiveness of the two contraceptive products. This means that the determination of the safety of Implanon and Implanon NXT is now with the FDA, which is under the DOH.

The SC said it could lift the TRO only upon the FDA’s finding that the two contraceptives are safe.

Implanon and Implanon NXT are thin rods inserted under the skin, which release hormones that prevent pregnancy for up to three years.

“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 ruling stated.