CASE 2017-0011: ALLIANCE FOR THE FAMILY FOUNDATION, PHILIPPINES, INC. (ALFI) AND ATTY. MARIA CONCEPCION S. NOCHE, ET AL.J VS. HON. JANETTE L. GARIN, ET AL. MARIA CONCEPCION S. NOCHE, ET AL. VS. HON. JANETTE L. GARIN, ET AL. (G.R. NO. 217872, ETC., 26 APRIL 2017, MENDOZA, J. (BRIEF TITLE: ALLIANCE FOR THE FAMILY FOUNDATION ET AL VS HON. GARIN ET AL AND RELATED CASES)

 

DISPOSITIVE:

 

“WHEREFORE, the August 24, 2016 Decision is MODIFIED. Accordingly, the Food and Drug Administration is ordered to consider the oppositions filed by the petitioners with respect to the listed drugs, including Implanon and Implanon NXT, based on the standards of the Reproductive Health Law, as construed in lmbong v. Ochoa, and to decide the case within sixty (60) days from the date it will be deemed submitted for resolution.

 

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.

 

After the final resolution by the Food and Drug Administration, any appeal should be to the Office of the President pursuant to Section 9 of E.O. No. 247.

 

As ordered in the August 24, 2016 Decision, the Food and Drug Administration is directed to amend the Implementing Rules and Regulations of R.A. No. 10354 so that it would be strictly compliant with the mandates of the Court in lmbong v. Ochoa.

 

SO ORDERED.”

 

SUBJECTS/DOCTRINES/DIGEST:

 

ARE COURTS OUSTED OF THEIR JURISDICTION WHENEVER ISSUES INVOLVE QUESTIONS OF SCIENTIFIC NATURE?

 

 NO.

 

A COURT IS NOT CONSIDERED INCOMPETENT EITHER IN REVIEWING THE FINDINGS OF THE FDA SIMPLY BECAUSE IT WILL BE WEIGHING THE SCIENTIFIC EVIDENCE PRESENTED BY BOTH THE FDA AND ITS OPPOSITORS IN DETERMINING WHETHER THE CONTRACEPTIVE DRUG OR DEVICE HAS COMPLIED WITH THE REQUIREMENTS OF THE LAW.

 

IS FDA EXCUSED FROM COMPLYING WITH THE REQUIREMENTS OF DUE PROCESS BECAUSE IT IS NOT STRICTLY BOUND BY THE TECHNICAL RULES ON EVIDENCE?

 

NO.

 

DUE PROCESS DOES NOT REQUIRE THAT THE FDA CONDUCT TRIAL-TYPE HEARING TO SATISFY ITS REQUIREMENTS. ALL THAT THE CONSTITUTION REQUIRES IS THAT THE FDA AFFORD THE PEOPLE THEIR RIGHT TO DUE PROCESS OF LAW AND DECIDE ON THE APPLICATIONS SUBMITTED BY THE MAHS AFTER AFFORDING THE OPPOSITORS, LIKE THE PETITIONERS, A GENUINE OPPORTUNITY TO PRESENT THEIR SCIENCE BASED EVIDENCE.

 

WILL THE FINDINGS OF FDA BE APPEALABLE TO  THE SECRETARY OF HEALTH?

 

NO BECAUSE THE SECRETARY OF HEALTH IS A PARTY IN THE CASE. IT SHOULD BE APPEALABLE TO THE OFFICE OF THE PRESIDENT.

 

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

 

SCD-2017-0011-ALLIANCE FOR THE FAMILY FOUNDATION, PHILIPPINES, INC. (ALFI) AND ATTY. MARIA CONCEPCION S. NOCHE, ET AL.J VS. HON. JANETTE L. GARIN, ET AL. MARIA CONC

 

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