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injury to a consumer, a patient, or any person;
"(j) To issue cease and desist orders motu propio or upon
verified complaint for health products, whether or not
registered with the FDA Provided, That for registered health
products, the cease and desist order is valid for thirty (30)
days and may be extended for sixty (60) days only after due
process has been observed;
"(k) After due process, to order the ban, recall, and/ or
withdrawal of any health product found to have caused the
death, serious illness or serious injury to a consumer or
patient, or is found to be imminently injurious, unsafe,
dangerous, or grossly deceptive, and to require all concerned
to implement the risk management plan which is a
requirement for the issuance of the appropriate authorization;
"(l) To strengthen the post market surveillance system in
monitoring health products as defined in this Act and incidents
of adverse events involving such products;
"(m) To develop and issue standards and appropriate
authorizations that would cover establishments, facilities and
health products;
"(n) To conduct, supervise, monitor and audit research studies
on health and safety issues of health products undertaken by
entities duly approved by the FDA;
"(o) To prescribe standards, guidelines, and regulations with
respect to information, advertisements and other marketing
instruments and promotion, sponsorship, and other marketing
activities about the health products as covered in this Act;
"(p) To maintain bonded warehouses and/or establish the
same, whenever necessary or appropriate, as determined by
the director-general for confiscated goods in strategic areas of
the country especially at major ports of entry; and
"(q) To exercise such other powers and perform such other
functions as may be necessary to carry out its duties and
responsibilities under this Act. [Emphases supplied]
The Cardinal Rights of Parties in Administrative Proceedings as laid down in Ang
Tibay v. CIR
In Ang Tibay v. CIR,[39] the Court laid down the cardinal rights of parties in
administrative proceedings, as follows:
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