There is no stopping the Reproductive Health Law from being implemented.
“I’ve already clarified many times that there is no TRO against the RH law,” Supreme Court spokesman Theodore Te stressed.
Without any restraining order, the government can now implement the programs under the RH law.
Te issued the statement as he clarified reports that there exists a TRO supposedly issued by the SC enjoining the implementation of the RH law or certain provisions in it.
The reports on the TRO came as President Duterte signed Executive Order No. 12 that mandates aggressive government action in providing universal access to RH programs.
But Te explained that the August 24, 2016 decision of the high court that sustained the TRO earlier issued on the acquisition by the Department of Health and distribution of contraceptive products Implanon and Implanon NXT to the public did not refer to the RH law.
The said ruling issued by the second division of the high court rejected the bid of the DOH to proceed with the procurement and distribution of controversial contraceptive implants.
The SC also struck down the certifications and re-certifications issued by the Food and Drug Administration (FDA) on 77 contraceptive drugs and devices -- including Implanon and Implanon NXT -- for violation of constitutional requirement of due process.
The Court has found that the agency certified and administered 77 contraceptive drugs and devices “without the observance of the basic tenets of due process, without notice and without public hearing, despite the constant opposition of petitioners.”
“The Court is of the view that the certifications and re-certifications and the distribution of the questioned contraceptive drugs should be struck down as violative of the constitutional right to due process,” read the ruling.