I am one of the petitioners in the Supreme Court case on the Reproductive Health Law, on which a decision was made in April this year. I wish to express my and my family’s conscientious objection to the continuous promotion of various contraceptive drugs and devices by officials of the Department of Health— this, in the absence of implementing rules and regulations (IRR) they should be preparing for the RH Law. It is very sad that we continue to hear of the DOH having procured, distributed, sold and made available contraceptive drugs and devices in the market. Is the DOH ignoring the verdict rendered and the safeguards introduced by the Supreme Court concerning the implementation of the RH Law?
It’s more than three months since the Supreme Court issued its RH Law ruling, but up to now we are yet to hear of the DOH beginning the process of formulating the IRR. If I understand it right, this begins by inviting representatives of various sectors to a public hearing. Even then, after formulation, the IRR must be checked and reviewed by all concerned to ensure that it does not go against the spirit of the Supreme Court’s decision.
The Supreme Court has also determined that the Food and Drug Administration (FDA) is the agency “tasked to ensure that food and medicines available to the public are safe for public consumption” and has the “expertise to determine whether a particular hormonal contraceptive or intrauterine device is safe and non-abortifacient.” I refer to promotions in media—aren’t these products supposed to undergo first FDA evaluation; and shouldn’t a certificate be issued attesting that this or that product is not an abortifacient and cannot be used as an abortifacient?
In this regard, has the FDA started testing and evaluating contraceptive drugs or devices? If it hasn’t, the FDA must act now and begin the process of testing and evaluating all contraceptive drugs and devices in the market pursuant to the constitutional yardsticks that the Supreme Court has laid down in its decision. Otherwise, the FDA is remiss in its obligation to ensure that medicines made available to the public are safe. And if injury, illness or death results from the taking of these contraceptives, then the government should be held accountable and
liable, per the Supreme Court decision.
To the DOH and the FDA, may we please know what steps are being taken to carry out and implement the decision of the Supreme Court on the RH Law, especially since the Court considers this to be of “transcendental importance” that
affects the constitutional right to life of the mother and the unborn, and the concomitant right to health?
—ROSIE B. LUISTRO,
rbluistro@gmail.com