MANILA, Philippines — President Rodrigo Duterte on Tuesday accused Chief Justice Maria Lourdes Sereno of sitting on the temporary restraining order (TRO) against two contraceptive implants regulated under the Reproductive Health (RH) Law.
Duterte said some medicines bought by the government have expired without being distributed because the Supreme Court has not issued a decision on petitions that led to the issuance of the TRO.
“The medicines have been purchased, expecting that it would, you know, be needed by government,” the President said during the oath-taking of new appointees in Malacañang.
“Until now, it’s two years ago, the medicines have expired. Sereno is sitting on it. What’s the problem, ma’am? We spent money, we bought medicine only to expire,” he added.
Duterte said he has no problems with the justices of the Supreme Court but criticized the delays in the issuance of judicial decisions.
“A simple presentence would say if you are going to deny it, 'We denied it because it is an abortive substance,'” the President said.
“Until now, there is none… There is something terribly wrong in our country, I tell you — very, very wrong,” he added.
SC: Delay is with FDA, not court
The Supreme Court and Sereno herself have clarified that the TRO does not suspend the implementation of the RH Law but only covers the distribution of contraceptive implants Implanon and Implanon NXT.
The TRO, which was issued in 2015, barred distribution of the two contraceptive implants until it was proven that they do not cause abortions.
The TRO against the two implants will be lifted as soon as the Food and Drug Administration certifies that they are not abortifacient.
Sereno stressed that the delay on the lifting of the TRO is with the FDA and not with the high court.
"By the express terms of the Court's Decisions, there is no TRO against the implementation of the RH Law or all contraceptive products," Sereno said in July.
In June 2015, the high tribunal stopped the DOH from distributing subdermal implants.
But the TRO also prohibited the FDA from renewing the certificates of product registration of these contraceptives.
Because of this, 15 certificates of product registration for contraceptives expired last year while 10 expired this month, leaving only 23 contraceptives available to the public.
“(The) TRO affects not only implants but also pills, (which) also infringes on 700,000 women’s right to choose,” the Commission on Population, which has been calling for the TRO to be lifted, said in July.
The FDA said last week that it is set to resume the recertification of contraceptive products.
The agency said it will issue a formal announcement containing the list and details of contraceptive products up for recertification as well as the mechanics for submitting comments and petitions in support or opposition of the products.
READ: 300,000 sign petition to lift contraceptive TRO
'Official with lavish lifestyle not Sereno'
In the same speech, Duterte clarified that he was not referring to Sereno when he was talking about an official who enjoyed lavish foreign trips.
“Justice Sereno made insinuations that I was alluding to her. Actually, none of the above. It was generic,” the President said.
Sereno actually said that she did not feel alluded to.
"My travels, my security, and vehicle requirements are all regular and above the board public documents – the record will speak for itself and I have not objected to the public release of the same," the chief justice, against whom an impeachment complaint has been submitted to the House of Representatives, said last week.
No member of the House has come forward to endorse the complaint, a requirement for it to be considered officially filed.
“I rely on documents that are given to us here in the Palace… I do not put a premium of truth in it, actually. But something that is transmitted to us officially… If that is the situation, I have to make it public. I cannot make it a secret because the people will say, 'We informed him about it but did nothing',” Duterte said.
“From what I gathered from the papers was that she was traveling first-class. When I was a congressman, we were allowed to travel but we can only take the business class.”
Duterte said he had disclosed the information about the official so that the “Filipinos would know the game of life in the Philippines.”