CHIEF Justice Maria Lourdes Sereno on Thursday clarified that the Supreme Court (SC) has never issued a halt order against the implementation of the Reproductive Health (RH) Law.
Sereno's statement came three days after President Rodrigo Duterte, in his second State of the Nation Address (Sona), claimed that the TRO issued by the Court is hindering the government's full implementation of RH law.
Sereno said that only two implants have been subject of the Court's injunction. These implants, believed to have abortifacient character, are Implanon and Implanon NXT.
The device, inserted under the skin, reportedly releases hormones that could prevent pregnancy for up to three years.
"After its decision on the partial constitutionality of the RH Law, the Supreme Court has never issued a TRO against the implementation of the RH Law," Sereno said.
"What has been issued was a TRO against two specific contraceptives regulated under the RH Law. This pertains to two implants—Implanon and Impanon NXT," she added.
The Chief Justice has further clarified that the order issued by the SC Second Division on August 24, 2016 has a "sunset provision."
"As soon as the FDA certifies as provided by law that they are not abortifacient, the TRO is lifted," she said.
"The reason why the TRO has not been lifted yet is not with the Court but with the FDA," added the Chief Justice.
In the August 2016 decision, the SC remanded the authority to lift the injunction directed at the said implants to the FDA.
According to the SC, the FDA must conduct hearings to determine whether its administered drugs and devices have abortifacient side effects.
Duterte, believing that contraceptives could not be distributed because of the TRO, in his Sona suggested to Health Secretary Pauline Ubial to consider donating it to other nations before it expires. (VoxPop Philippines)
