E-Library - Information At Your Fingertips: Printer Friendly 15 of 48 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63027 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. Although the FDA is not strictly bound by the technical rules on evidence, as stated in the Rules of Court, or it cannot be bound by the principle of stare decisis or res judicata, it is not excused from complying with the requirements of due process. To reiterate for emphasis, 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 sciencebased evidence. The Appellate Procedure; Appeal to the Office of the President Incidentally, Section 32 of R.A. No. 3720 and Section 9 of Executive Order (E.O.) No. 247 provide that any decision by the FDA would then be appealable to the Secretary of Health, whose decision, in turn, may be appealed to the Office of the President (OP). Thus: Sec. 32. The orders, rulings or decisions of the FDA shall be appealable to the Secretary of Health. - An appeal shall be deemed perfected upon filing of the notice of appeal and posting of the corresponding appeal bond. An appeal shall not stay the decision appealed from unless an order from the Secretary of Health is issued to stay the execution thereof. Sec. 9. Appeals. - Decisions of the Secretary (DENR, DA, DOH or DOST) may be appealed to the Office of the President. Recourse to the courts shall be allowed after exhaustion of all administrative remedies. In view thereof, the Court should modify that part of the Decision which allows direct appeal of the FDA decision to the Court of Appeals. As stated in the said decision, the FDA decision need not be appealed to the Secretary of Health because she herself is a party herein. Considering that the Executive Secretary is not a party herein, the appeal should be to the OP as provided in Section 9. On the Prayer to Lift the TRO The respondents lament that the assailed decision undermines the functions of the FDA as the specialized agency tasked to determine whether a contraceptive drug or device is safe, effective and non-abortifacient. They also claim that the assailed decision requiring notice and hearing would unduly delay the issuance of CPR thereby affecting public access to State-funded contraceptives. Finally, in a veritable attempt to sow panic, the respondents claim that the TRO issued by the Court would 4/21/2020, 9:19 AM