SC dismisses appeal to lift TRO vs contraceptive implants

May 26, 2017

The Supreme Court has denied the appeal of the Department of Health seeking to lift a two-year-old temporary restraining order it issued against registration, purchase and distribution of contraceptive implants believed to be abortifacients. In a resolution issued on April 26 but released only Friday, the High Tribunal said it could not lift the restraining order issued on June 2015 before  the hearing by the Food and Drug Administration (FDA) on safety, efficacy, quality, and non-abortiveness of the contraceptive products. “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 resolution stated. The motion for reconsideration was filed by the respondents, which included the health department because of  pending opposition raised by the petitioners against the listed drugs, including Implanon and Implanon NXT that the Supreme Court remanded to Food and Drug Administration to determine if these were not abortifacients. The Supreme Court’s restraining order stopped the health department from registering, recertifying, procuring, and administering Implanon and Implanon NXT which were  being opposed by one of the petitioners, the Alliance for the Family Foundation Philippines Inc. The petitioner claimed the implants, which prevent ovulation for three years, have abortifacient features, which the FDA allegedly approved. DMS