Unconstitutional, illegal and even immoral.
All that aptly describes the temporary restraining order (TRO) that the Supreme Court issued onAugust 24, 2016, stopping the Department of Health (DOH) and the Food and Drug Administration (FDA) from “granting any and all pending applications for registration and/or recertification for reproductive products and supplies, including contraceptive drugs and devices.”
Why is it unconstitutional? Because it goes against the constitutional provision that the State “shall equally protect the life of the mother and the unborn from conception”. The TRO protects the unborn from conception, but wreaks havoc on the lives of mothers, especially those who are poor. Isn’t this an infringement on equal protection of the law? Last we checked, the Supreme Court (SC) is duty-bound to protect and enforce constitutional rights. Has it conveniently forgotten that its duty is first and foremost to defend the Constitution?
Why is it illegal?
Because it effectively blocks the full implementation of the Responsible Parenthood and Reproductive Health (RH) Act of 2012 (Republic Act 10354). This law guarantees universal access to methods on contraception, fertility control, sex education and maternal care.
The RH law is a milestone as it upholds women’s rights and gives them the option to practice family planning and responsible parenthood. But its full implementation has come to a grinding halt because the SC, while recognizing that this law is undoubtedly constitutional, nevertheless issued a TRO.
And why is it immoral? We think it’s downright immoral as the TRO deprives women access to contraceptives that could lead to an increase in unplanned-pregnancy rates. It will also result in a sharp increase in our teen-age pregnancy rates that’s already among the worst in the world. Not only that: it will also result in maternal deaths from preventable childbirth complications, now estimated to be at 14 deaths a day. Apart from these, the TRO tends to perpetuate intergenerational poverty as poor parents will be unable to provide for their growing children in terms of education and health care.
We’re really at a loss as to why the High Tribunal is taking too long to act on the petition of the DOH, Population Commission (PopCom) and various civil-society groups, for the lifting of the TRO on contraceptives.
The High Tribunal acted with dispatch on other cases brought before its chambers, including those involving the burial of former President Ferdinand E. Marcos at the Libingan ng mga Bayani; the citizenship issue raised against Sen. Grace Poe when she ran for president in the May 2016 elections and, more recent, the issuance of the writ of amparo filed by the relatives of drug suspects killed in Barangay Payatas, Quezon City, by police operatives.
But why are the magistrates moving much too slowly on other cases, such as their TRO on the RH law? What standards do they apply when deciding on cases? If they take too long to decide on cases, isn’t that a clear example of the maxim that “justice delayed is justice denied”?
We agree with the stand of the health department, former President Fidel V. Ramos, House Speaker Pantaleon D. Alvarez and many others who beleive that the RH law should be fully implemented and that the SC should immediately lift its TRO.
President Duterte, right from the get-go, has fully supported RH and responsible parenthood. In his first State of the Nation Address, he promised to implement the RH law to curb population growth and assist the poor in family planning. In fact, even as the SC continues to dilly-dally on the issue, Duterte signed last month Executive Order12, which seeks to accelerate the implementation of critical actions necessary to attain and sustain “zero unmet need for modern family planning” for all poor households by 2018. This is a bold step by the Chief Executive that appears to be gently telling the SC to hurry up and listen to the people, for a change.
As the Executive branch has already done its part, we must ask: When will the Judicial branch follow suit?
We see an opportunity for the Supreme Court to rectify the situation as the Judiciary would be invited to join the deliberations of the Legislative-Executive Development Advisory Council.
Once the judiciary is represented in a Legislative-Executive-Judicial Development Advisory Council, perhaps, they will be able to see the big picture and be apprised of what the two other branches of government are doing to push socioeconomic development programs aimed at poverty reduction and sustained economic growth. After all, the SC should go with the flow with the rest of the government apparatus in promoting the public welfare and the common good. By immediately lifting the TRO on the RH law that clearly allows for the sale and distribution of contraceptives as part of responsible parenthood and family planning, the High Tribunal will be doing its part in accelerating nation-building, rather than erecting a big barrier to it.
E-mail: ernhil@yahoo.com.