Atienza welcome SC order to stop DOH, FDA from procuring, distributing contraceptives 

Former Manila Mayor and now BUHAY Partylist Representative Lito Atienza (Screenshot from YouTube footage)

MANILA — BUHAY Party-list Rep. Lito Atienza over the weekend welcomed the Supreme Court order to stop the Department of Health (DOH) and the Food and Drug Administration (FDA) from procuring, selling, distributing, dispensing or administering and promoting contraceptive drugs and devices including the implant Implanon.

“We welcome the Supreme Court’s injunction stopping the DOH and FDA from dispensing and promoting contraceptives that have not been tested and approved by the FDA including the contraceptive implant called Implanon. The Supreme Court decision on the RH Law is very clear — any contraceptives to be used in its implementation should be FDA approved. But the DOH is already implementing the program using Implanon which is not approved by the FDA,” Atienza said.

He pointed out that Implanon, a birth control patch that is implanted in the inner biceps of women, effectively renders them sterile for three years.

The resolution by the High Tribunal’s Second Division chaired by Senior Associate Justice Antonio Carpio, which was dated June 17, 2015 but only made public Thursday (July 2), was in response to the petition filed by the Alliance for Family Foundation Philippines, Inc. (ALFI) and Atty. Maria Noche in her own behalf and as president of ALFI assailing the manner of implementation of Republic Act 10354 or the Reproductive Health Law by the DOH and the FDA.

“Effective immediately and continuing until further orders from this Court, you, the respondents, your agents, representatives, and all other persons acting on your behalf are hereby restrained from granting any and all pending applications for reproductive products and supplies, including contraceptive drugs and devices, and procuring, selling, distributing, dispensing and or administering, advertising and promoting the hormonal contraceptive Implanon and Implanon XT,” the High Court said.

The Supreme Court also required the respondents — Health Secretary Janette Garin and FDA Officer-In-Charge and Health Assistant Secretary Nicolas Lutero and Maria Lourdes Santiago, Officer-In-Charge of the Center for Drug Regulation and Research of the FDA — to file their respective comments, and not a motion to dismiss, within 10 days after receipt of notice of the Court’s order.

In filing the petition, the ALFI claimed that DOH and FDA’s move was contrary to the RH Law and done in grave abuse of discretion amounting to lack or excess of jurisdiction and should be restrained by the SC.

At the same time, Atienza also scored DOH Secretary Janette Garin for insisting that the said contraceptive implant is safe for women.