Executive Order No. 12 and the SC TRO
An Executive Order (EO) provides the rules for the implementation of a law. It emanates from the President and is addressed to his subordinate officials in the executive branch. In the case of EO No. 12, the rules refer to the implementation of the RH Law.
How does EO No.12 affect the TRO issued by the Supreme Court in June 2016?
EO No.12 does not affect the TRO—it does not override nor does it overturn the TRO. The TRO stays: (1) The FDA cannot legally act on any and all applications for registration or re-certification of any and all contraceptive drugs and devices unless it observes the basic requirements of due process (publication, notice and hearing and evidence-based findings), and (2) the DOH and its representatives and agents and any and all persons or entities acting for and in its behalf are prohibited to procure, sell, administer, or advertise Implanon and Implanon NXT.
Is the issuance of EO No.12 a ground for the Supreme Court to lift the TRO?
No, the issuance of EO No.12 is not a legal ground for the Supreme Court to lift the TRO. We remain steadfast in our faith that the Supreme Court will continue to safeguard the right to life and other rights enshrined in our Constitution.
What is the import of the issuance of EO No.12?
EO No.12 has focused on contraception and access to modern family planning methods which is just one aspect of the RH Law. There is no mention about other provisions such as providing obstetric and newborn care services, upgraded medical facilities and equipment and skilled health workers which would be highly beneficial for the poor, the mothers and children. As the Supreme Court has said: The RH Law is a population control measure.
Atty. Maria Concepcion S. Noche
Alliance for the Family Foundation Philippines, Inc. (ALFI)