Proviso Under Section 9 of the RH Law This notwithstanding, the Court finds that the proviso under Section 9 of the law that "any product or supply included or to be included in the EDL must have a certification from the FDA that said product and supply is made available on the condition that it is not to be used as an abortifacient" as empty as it is absurd. The FDA, with all its expertise, cannot fully attest that a drug or device will not all be used as an abortifacient, since the agency cannot be present in every instance when the contraceptive product or supply will be used.171 Pursuant to its declared policy of providing access only to safe, legal and non-abortifacient contraceptives, however, the Court finds that the proviso of Section 9, as worded, should bend to the legislative intent and mean that "any product or supply included or to be included in the EDL must have a certification from the FDA that said product and supply is made available on the condition that it cannot be used as abortifacient." Such a construction is consistent with the proviso under the second paragraph of the same section that provides: Provided, further, That the foregoing offices shall not purchase or acquire by any means emergency contraceptive pills, postcoital pills, abortifacients that will be used for such purpose and their other forms or equivalent. Abortifacients under the RH-IRR At this juncture, the Court agrees with ALFI that the authors of the RH-IRR gravely abused their office when they redefined the meaning of abortifacient. The RH Law defines "abortifacient" as follows: SEC. 4. Definition of Terms. - For the purpose of this Act, the following terms shall be defined as follows: (a) Abortifacient refers to any drug or device that induces abortion or the destruction of a fetus inside the mother's womb or the prevention of the fertilized ovum to reach and be implanted in the mother's womb upon determination of the FDA. Section 3.0l (a) of the IRR, however, redefines "abortifacient" as: Section 3.01 For purposes of these Rules, the terms shall be defined as follows: a) Abortifacient refers to any drug or device that primarily induces abortion or the destruction of a fetus inside the mother's womb or the prevention of the fertilized ovum to reach and be implanted in the mother's womb upon determination of the Food and Drug Administration (FDA). [Emphasis supplied] Again in Section 3.0lG) of the RH-IRR, "contraceptive," is redefined, viz: j) Contraceptive refers to any safe, legal, effective and scientifically proven modern family planning method, device, or health product, whether natural or artificial, that prevents pregnancy but does not primarily destroy a fertilized ovum or prevent a fertilized ovum from