Chief Justice Maria Lourdes Sereno (left) and President Rodrigo Duterte. INQUIRER FILE PHOTOS
Chief Justice Maria Lourdes Sereno clarified on Thursday that the Supreme Court had not issued a temporary restraining order (TRO) against the Reproductive Health (RH) Law.
“After its decision on the partial constitutionality of the RH Law, the Supreme Court has never issued a Temporary Restraining Order (TRO) against the implementation of the Reproductive Health (RH) Law,” Sereno said in a statement.
During the second State of the Nation Address of President Rodrigo Duterte on Monday, he denounced the non-implementation of the RH Law for almost the last five years because of a ruling issued by the SC.
READ: Duterte to Sereno: Reconsider TRO on RH implants
“‘Yang TRO na ‘yan (That temporary restraining oder) has been the bane of our efficiency. And I really do not know, I will not attribute anything Ma’am sa (to the) Supreme Court,” said Duterte.
The chief justice pointed out that what has been issued was a TRO against two specific contraceptives regulated under the RH Law, specifically the two implants, Implant and Impanon NXT.
Several groups are claiming that the use of Implant and Impanon NXT leads to abortions.
“This was issued by the Second Division in the consolidated cases of Alliance for the Family Foundation Philippines Inc. et al. v. Hon. Janette Garin, et al., (G.R. No. 217872) and Maria Concepcion S. Noche et al. v. Hon. Janette Garin, et al. (G.R. No 221866),” Sereno added.
Sereno also cited that in August 24, 2016 and April 26, 2017 decisions, the TRO is limited only to the two implants mentioned.
“The TRO also has a sunset provision—as soon as the FDA (Food and Drug Administration) certifies as provided by the law that they are not abortifacient, the TRO is lifted (Decision dated April 26, 2017, p.21),” she said.
Contrary to Duterte’s claims that the SC is to blame for the TRO, Sereno said the reason why the TRO had not been lifted yet was with the FDA. CBB/rga