SC says waiting for Food and Drug Authority decision on 2 products before lifting TRO

July 27, 2017

Chief Justice Ma. Lourdes Sereno said on Thursday lifting of  a temporary restraining order on Implanon and Implanon NXT is beyond the control of the Supreme Court as it depends on the Food and Drug Administration, an agency under the Office of the President, whether it is abortifacent. "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," Sereno said, in responding to President Rodrigo Duterte’s State of the Nation Address calling for lifting of the order. In April, the Supreme Court dismissed the Department of Health’s appeal to lift the TRO issued in June 2015 and clarified its coverage. The SC said it cannot lift the TRO prior to the summary hearing to be conducted by the FDA on the safety, efficacy, purity and quality of the two products. Implanon and Implanon NXT are thin rods inserted under the skin, which release hormones that prevent pregnancy for up to three years. Sereno repeated the Court’s ruling that the TRO does not cover the implementation of the Reproductive Health law or any other contraceptive products. "As clearly stated in the decision denying the motion for reconsideration, the TRO is limited only to those two implants... By the express terms of the Court's Decisions, there is no TRO against the implementation of the RH law or all contraceptive products," Sereno said, in her statement. Duterte, in asking the Supreme Court to lift the TRO and allow implementation of the RH law, said: "I'm not for abortion and birth control but I'm for giving of freedom to Filipino families to decide on size of children." Duterte said medicines bought by the health department to implement the RH Law will  expire next month and have not been distributed due to the TRO issued in June 2015. Sereno was seated in the VIP gallery at the Batasan Pambansa when Duterte made his call during the State of the Nation Address. DMS