After the Food and Drug Administration (FDA) has recertified as non-abortifacient all 51 contraceptives, including the controversial sub-dermal implanon and implanon NXT and the commonly-used copper intrauterine device (IUD), there is urgent need to augment the 2018 proposed appropriations for family planning supplies and devices in the General Appropriations Bill (GAB).

The 2018 proposed budget for family planning commodities as approved by the House of Representatives under the GAB (H.B. No. 6215) is only P342,482,000.00 due to the temporary restraining order (TRO) issued by the Supreme Court on June 17, 2015 in G.R. No. 217872 (Alliance for the Family Planning Foundation, Inc., et al. vs. Dr. Janette L. Garin, et al.) which subsisted during the budget deliberation in the House.

The TRO and the pending recertification process by the FDA “justified” the small appropriation for family planning supplies.

The subject TRO restrains the recertification and certification of covered contraceptives and their procurement and use pending the action of the FDA with due process accorded to oppositors.

Pursuant to the Resolution dated April 26, 2017 by the Supreme Court, “after compliance with due process and upon promulgation of the decision of the Food and Drug Administration, the temporary restraining order would be deemed lifted if the questioned drugs and devices are found not abortifacients.”

The recertification of the 51 contraceptive products as non-abortifacient signals the automatic lifting of the TRO and the need for additional appropriations for family planning supplies and devices because there are more contraceptives to procure for free distribution to marginalized acceptors.

When sessions resume starting November 20, 2017, the Senate can introduce the requisite increase since it is still deliberating on the 2018 GAB or the augmentation can be effected by the bicameral conference committee on the GAB which is expected to be convened towards the end of November or early December.

EDCEL C. LAGMAN