CASE 2016-0061: ALLIANCE FOR THE FAMILY FOUNDATION ET AL VS. HON. JANETTE L. GARIN ET AL (G.R. NO. 217872); CONCEPCION S. NOCHE ET AL VS. HON. JANETTE GARIN ET AL (G.R. NO. 221866) (24 AUGUST 2016, MENDOZA J.)

 

DISPOSITIVE:

 

“WHEREFORE, the case docketed as G.R No. 217872 is hereby REMANDED to the Food and Drugs Administration which is hereby ordered to observe the basic requirements of due process by conducting a hearing, and allowing the petitioners to be heard, on the re-certified, procured and· administered contraceptive dnigs and devices, including lmplanon and Implanon NXT, and to determine whether they are abortifacients or non-abortifacients.

 

Pursuant to the expanded jurisdiction of this Court and its power to issue rules for the protection and enforcement of constitutional rights, the Court hereby:

 

  1. DIRECTS the Food and Drug Administration to formulate the rules of procedure in the screening, evaluation and approval of all contraceptive drugs and devices that will be used under Republic Act No. 10354. The rules of procedure shall contain the following minimum. requirements of due process: (a) publication, notice and hearing, (b) interested parties shall be allowed to intervene, (c) the standard laid down in the Constitution, as adopted under Republic Act No. 10354, as to what constitutes allowable contraceptives shall be strictly followed, that is, those which d.o not harm or destroy the life of the unborn from conception/fertilization, (d) in weighing the evidence, all reasonable doubts shall be resolved in favor of the protection and preservation of the right to’ life of the unborn from conception/fertilization, and (e) the other requirements of administrative due process, as summarized in Ang Tibay v. CIR, shall be complied with.

 

  1. DIRECTS the Department of Health in coordination with other concerned agencies to formulate the rules and regulations or guidelines which will govern the purchase and distribution/ dispensation of the products or supplies under Section 9 of Republic Act No. 10354 covered by Jhe certification from the Food and Drug Administration that said product and supply is made available on the condition that it will not be. used as an abortifacient subject to the following minimum due prbcess requirements: (a) publication, notice and hearing, and (b) interested parties shall be allowed to intervene. The rules and regulations or guidelines shall provide sufficient detail as to the manner py which said product and supply shall be strictly regulated in order1that they will not be used as an abortifacient and in order to sufficiently safeguard the right to life of the unborn.

 

  1. DIRECTS the Department of Health to generate the complete and correct list of the government’s reproductive health programs and services under Republic Act No. 10354 which will serve as the template for the complete and correct information standard and, hence, the duty to inform under Section 23(a)(l) of Republic Act No. 10354. The Department of Health is DIRECTED to distribute copies of this template to all health care service providers covered by Republic Act No. 10354.

 

The respondents are hereby also ordered to amend the Implementing Rules and Regulations to conform to the rulings and guidelines in G.R. No. 204819 and related cases.

 

The above foregoing directives notwithstanding, within 30 days from receipt of this disposition, the Food and Drugs Administration should commence to conduct the necessary hearing guided by the cardinal rights of the parties laid down in CIR v. Ang Tibay. 71

 

Pending the resolution of the controversy, the motion to lift the Temporary Restraining Order is DENIED.

 

With respect to the contempt petition, docketed as G.R No. 221866, it is hereby DENIED for lack of concrete basis.

 

SO ORDERED.”


TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

scd-2016-0061-alliance-for-the-family-foundation

 

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “jabbulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “jabbulao and forum shopping”.