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Sereno: TRO on RH waiting for FDA decision

Edu Punay - The Philippine Star
Sereno: TRO on RH waiting for FDA decision

In a statement, Chief Justice Ma. Lourdes Sereno said the lifting of the TRO on Implanon and Implanon NXT is beyond the control of the high court as it now depends on the action of the Food and Drug Administration (FDA), an agency under the executive branch. APEC/Released, File

MANILA, Philippines - President Duterte is barking up the wrong tree in criticizing the Supreme Court for its two-year-old temporary restraining order (TRO) on the distribution of two contraceptive implants by the Department of Health (DOH), Chief Justice Ma. Lourdes Sereno said yesterday.

In a statement, Sereno said the lifting of the TRO on Implanon and Implanon NXT is beyond the control of the high court as it now depends on the action of the Food and Drug Administration (FDA), an agency under the executive branch.

“The TRO has a sunset provision – as soon as the FDA certifies as provided by law that they are not abortifacient, the TRO is lifted. The reason why the TRO has not been lifted yet is not within the Court but with the FDA,” the SC chief explained.

In a ruling last April, the SC rejected the DOH’s appeal on the TRO issued in June 2015 but also made clarifications on its coverage.

It said it could not lift the TRO prior to the FDA summary hearing on the safety, efficacy, purity, quality and non-abortiveness of the two contraceptive products, which means that the determination of the safety of Implanon and Implanon NXT is with the FDA, an agency under the DOH.Implanon and Implanon NXT are thin rods inserted under the skin, which release hormones that prevent pregnancy for up to three years.

Sereno also reiterated that the TRO does not cover the implementation of the Reproductive Health (RH) Law or any other contraceptive products.

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