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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 drugs and devices, including
Implanon 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 do 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.
2. 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 the
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 process 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 by which said product and
supply shall be strictly regulated in order that they will not be
used as an abortifacient and in order to sufficiently safeguard
the right to life of the unborn.
3. 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
4/21/2020, 9:19 AM