SC decision on 2 contraceptive implants final

The Supreme Court (SC) has declared final its decision that stopped the distribution of two contraceptive implants, Implanon and Implanon NXT, as it reiterated that the temporary restraining order (TRO) would be deemed lifted if the two implants are found “not abortifacient” by the Food and Drug Administration (FDA).

In a statement, the SC’s public information office (PIO) said:

“The Decision and Resolution of the Court… which involve a TRO over two implants only and not all contraceptives and not over the entire RH (Reproductive Health) Law, became final and executory after an Entry of Judgment was made for the Decision dated Aug. 24, 2016 and the Resolution dated April 27, 2017 on June 15, 2017.

“Please note the dispositive portion in the April 27, 2017 resolution which directs the FDA to consider the oppositions filed by petitioners to Implanon and Implanon NXT only and to decide the case within sixty (60) days from the date it is considered submitted for resolution.

“After compliance with due process and upon promulgation of the decision of the FDA, the TRO would be deemed lifted if the questioned drugs and devices are found not abortifacient.”

Earlier, the SC had also clarified that there is no TRO against the implementation of the RH Law or on all contraceptive products, except on two contraceptive implants.

It pointed out that the lifting of the TRO on the two contraceptive implants depends on the action of the FDA, not on the SC.

Excerpts from the April 26, 2017 resolution of the SC stated:

“WHEREFORE, the August 24, 2016 Decision is MODIFIED. Accordingly, the Food and Drug Administration is ordered to consider the oppositions filed by the petitioners with respect to the listed drugs, including Implanon and Implanon NXT, based on the standards of the Reproductive Health Law…, and to decide the case within sixty (60) days from the date it will be deemed submitted for resolution.

“After compliance with due process and upon promulgation of the decision of the FDA, the TRO would be deemed lifted if the questioned drugs and devices are found not abortifacients.

“After the final resolution by the FDA, any appeal should be to the Office of the President pursuant to Section 9 of E.O. No. 247….”