Make the public feel safe

The Commission on Population, more popularly called Popcom, released last week the findings of the Food and Drugs Administration (FDA) regarding 35 out of some 50 contraceptive products are safe and do not cause nor induce abortion. The FDA tested them to a technical review and reevaluation based on an order by the Supreme Court (SC).

According to Popcom, the FDA findings cleared the 35 products as safe to use and not abortifacient, or do not cause or induce abortion. Thus, these products to help prevent unwanted pregnancy can now be recertified and distributed by the Department of Health (DOH) to its various public health centers in promoting the government’s population management program.

There is no official statement from Malacanang Palace as to how this latest development was received by President Rodrigo Duterte. Suffice it to say, President Duterte must be very happy with it. But pro-life groups, of course, are not.

The FDA should now brace for backlash from groups whose interests and advocacies may have been jeopardized by the release of its findings.

The FDA findings are crucial to the policy of the Duterte administration to resume the government’s program to implement the letter and spirit of Republic Act 10354, or the Responsible Parenthood and Reproductive Health law, RH law for short. It was signed into law in December 2012 but pro-life and other anti-RH groups succeeded to secure a temporary restraining order (TRO) from the SC two years ago.

According to the SC, the TRO may be lifted once the FDA reevaluates and recertifies the contraceptives covered by the petitions of anti-RH groups. The TRO on the RH law is one of the bitter differences between President Duterte and Chief Justice Ma. Lourdes Sereno.

During his state of the nation address last July that marked the second regular sessions of the 17th Congress, the President blamed the TRO that prevents the DOH from distributing subdermal implants. The Chief Executive noted with dismay the TRO puts to waste P350 million worth of taxpayers’ money spent for these birth contraceptives instead of distributing it to needy families under the government’s family planning program.

Sereno clarified earlier the TRO issued by them was limited to the two implants only, namely, Implanon and Impanon NXT. She explained the SC ruling on the partial constitutionality of the RH Law merely issued a TRO against these two specific contraceptives regulated under the law but not the implementation of the entire RH Law.

Sereno pointed to the FDA as the reason why the TRO has not been lifted yet and therefore the President should not blame the High Court for the RH law not being implemented on the distribution of these birth contraceptives.

The FDA has yet to release the complete list. Per media reports, the DOH and the FDA will jointly announce the official results this week. The initial batch did not include the two controversial contraceptive products vehemently opposed by a Church-backed group.

The agency – particularly FDA Director General Nela Charade Puno – should watch out. The said group has already hinted in its website posts that it may question the FDA process of reviewing and recertifying the contraceptives in question.

It will be recalled that this same group had already accused Puno’s “lack of transparency.” This should give the FDA a clue as to how this powerful group would attack the recertification of the contraceptives in the FDA’s review list.

FDA’s Puno is obviously under extreme pressure from both business and political quarters fearing that their products may not successfully hurdle the review process.

Apparently, these people believe they can pressure the FDA into making sure their products are included in the list of recertified contraceptive products.

Between the Church-backed group and the business-political interests, observers believe the backlash from the latter would be stronger. After all, the Church-backed group stands to merely lose face. The business-political interests stand to lose hundreds of millions of pesos in official and “personal” revenues if the contraceptive products they are backing do not pass the review process.

While the FDA under its new leadership appears to be earning plaudits for its performance, it also seems to have developed the knack of creating powerful enemies.

The agency has already collided with powerful syndicates peddling counterfeit or outright fake cosmetic and herbal products in the black market. As if that were not enough, FDA Regulatory Enforcement Unit recently raided the main Duty-Free Fiesta Mall outlet beside the airport following massive complaints that it was selling food items that are either expired or nearing the expiry date.

Given the long list of powerful interests that the agency may have disadvantaged, it would be any of them. Our guess is that the first big backlash would come from those adversely affected by the release of list of reevaluated contraceptive products – particularly those whose products did not make it to the list or to those whose professed moral standards do not agree with the contraceptive option.

These groups know President Duterte is determined to implement the RH program and that no amount of heckling from the program’s nemeses would stop him. The only option of these groups would be to hit the underling instead – Puno in this particular case.

What matters is that the agency has the President and a pleased public at its back.

Newly appointed Health Secretary Dr. Francisco Duque vowed to fully implement the RH law. Although known for his pro-life stand while he was then the DOH Secretary of ex-president Gloria Macapagal Arroyo, Duque made this vow to reporters at the turnover rites when ex-Health Secretary Paulyn Ubial officially relinquished her post. Both the Popcom and FDA are attached agencies of the DOH.

The government must make the public feel safe and protected when these State agencies perform well their mandates. It is better for one to be criticized for doing his job rather than for being remiss in the performance of duty.