Duterte to SC: Lift TRO on Reproductive Health Law

Of President Duterte’s SONA delivered last Monday, I applaud  his  insistence on the stopping of issuances of  Temporary Restraining Orders (TROs) which block  the full implementation of major development projects.  He addressed government officials  “to seriously consider the national interest and our development goals before issuing TROs and injunctions on critical government projects and cases involving government assets.”

For  example, he said, pointing to Supreme Court Chief Justice Maria  Lourdes Aranal Sereno who was sitting smiling in her seat at the House, the Supreme Court’s  TRO “that prevents the Department of Health from distributing subdermal implants (has)  caused a wastage of P350-million worth of taxpayers’ money. I also note that since its issuance two years ago, this TRO has impaired the government’s ability to fully implement responsible planning — family planning methods of the RH Law.

“It is time that we put an end to the practice of some parties of resorting to technicalities in our laws to prevent the government from fulfilling its mandate.”

In his characteristic speaking style, he said, “Ganito ‘yan, ma’am, eh. Tutal, this is as good as any other time to talk to you. And may I be understood by you — I am sorry to say this, really, I am — I do not intend to do it. But if we have to talk about government and our sins, which I am not an exception, all our — you know — delays, lahat naman tayo nagkakamali.

“Ganun ang ugali ng Pilipino. Kaya ‘yang TRO na ‘yan is the bane of our efficiency, and I really do not know whether… I will not attribute anything, ma’am, sa Supreme Court.

“Maybe I am at fault so I am sorry if I misquote or I did not have the complete facts. But itong Congress na ito passed the Reproduction Law. It was already a law na dapat i-implement because we are really going into family planning. I am not for abortion. I am not for birth control. But certainly, I am for the giving freedom to the  Filipino family  to determine the size of their   pamilya.” (Here the  president  received a standing ovation.)

The president continued: “How many children would they  be able to support and send to school? Ang nangyari  nitong TRO , sir, ma’am, may nag-file doon sa  inyo – Supreme Court – tapos nag-issue kayo ng TRO two years ago. In the meantime, ‘yung – ang gobyerno, nagbili ng medisina – ito subdermal pati itong mga pills worth  P360 million.  It was not really a reckless purchase. It was in preparation for the implementation of the law.

“Hindi naman akalain na kayo mag-TRO and it has been two years. The medicines will expire next month. I told the health secretary (Dr. Paulyn Rosel-Ubial)  to find out if there is a nation which would allow it and i-donate na lang rather than let it go to waste.”

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The Philippines passed the Reproductive Health (RH) Law in December 2012, giving hope to the country’s poorest free access to family planning resources and information.

Hardly had the law been implemented than the Supreme Court issued a  Temporary Restraining Order (TRO)  in response to a complaint filed by a pro-life group that claimed that implants caused abortion.

Prior to that, 100,000 women had signed up to avail of  implants by the end of 2015. A subsidy from the Bill and Melinda  Gates Foundation enabled the Department of Health (DOH)  to procure 500,000 units to meet the demand. 

Three-and-a-half years after the Reproductive Health Bill was passed into law, the public still does not have full access to reproductive health services. In June 2015, the Supreme Court (SC) issued a Temporary Restraining Order (TRO) on the distribution of implants, a modern form of contraceptive. Consequently, the TRO stopped all public health facilities and health workers from providing implants as well as the other family planning methods like the pill, to those who need it. 

According to the National Demographic Health Survey (NDHS), there are 1.9 million unplanned pregnancies annually; putting the health of women at risk.   

When the High Tribunal issued the TRO, all implant stocks from the DOH service networks were recalled. This stopped hundreds of women from availing of free implants from government hospitals. Those who desperately needed them had to raise $150-$300  per implant to purchase them from  private providers which, however, eventually stopped selling them out of anxiety because, according to Dr. Junice Melgar, executive director of Likhaan, “The TRO makes implants appear to be illegal.”

There are two brands under implants – Impanon  and Implanon XT.  These consist of  a tiny,  thin rod the size of a matchstick inserted  under a woman’s arm. The implant releases hormones into the body to prevent pregnancy from three to four years. The length of time preventing pregnancy is a boon to  women who want to plan the number and spacing of their children. A number of them would  travel for hours in buses to avail of the contraceptive method.

But myths were  circulated about implants causing disease or blindness, resulting in some women asking for their removal. When DOH  appealed for the lifting of the TRO, the Supreme Court rejected the motion in August  2016, and even put the renewal and application of product licenses on hold for other contraceptives.

What’s  more,  when product registrations that allowed for the sale and distribution of existing contraceptive lapse, they can’t be renewed, and product registrations for both new and existing and contraceptive brands can’t be issued. The effect is the gradual phasing out of contraceptives from government clinics and pharmacy shelves, writes  Anna Santos, a RH advocacy writer.

“What we are seeing in the market are existing stock that will eventually run out. By 2018, there will hardly be any more brands left, and by 2020, there will be no more contraceptive brands available, unless the Supreme Court lifts  its TRO,” Juan Antonio Perez, executive director  of POPCOM, said.

Ben de Leon, president of The Forum for Family Planning and Development applauds President Duterte for boldly addressing the Supreme Court and the justices “to immediately lift the TRO, otherwise 6 million Filipino women and girls with unmet needs will be deprived of accessing information and services for contraceptives resulting in half a million or more illegal abortions not to mention the continued rise of teenage pregnancy.”

“The reproductive health and family planning champions should give their total support to the Food and Drug Administration whose main job among others is to immediately issue certificates of product registration to the pharmaceutical companies that have applied for recertification and certification of their family planning commodities after observing due process.”

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