E-Library - Information At Your Fingertips: Printer Friendly 7 of 48 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63027 the petitioners' assertion that the questioned contraceptive drugs and devices fell within the definition of an "abortifacient" under Section 4(a) of the RH Law because of their "secondary mechanism of action which induces abortion or destruction of the fetus inside the mother's womb or the prevention of the fertilized ovum to reach and be implanted in the mother's womb,"[32] the respondents chose to ignore them and proceeded with the registration, recertification, procurement, and distribution of several contraceptive drugs and devices. A cursory reading of the subject Omnibus Motion shows that the respondents proffer no cogent explanation as to why they did not act on the petitioners' opposition. As stated by the Court in the Decision, rather than provide concrete action to meet the petitioners' opposition, the respondents simply relied on their challenge questioning the propriety of the subject petition on technical and procedural grounds.[33] The Court, thus, finds the subject motion to be simply a rehash of the earlier arguments presented before, with the respondents still harping on the peculiarity of the FDA's functions to exempt it from compliance with the constitutional mandate that "no person shall be deprived of life, liberty and property without due process of law." The law and the rules demand compliance with due process requirements A reading of the various provisions, cited by the respondents in support of their assertion that due process need not be complied with in the approval of contraceptive drugs or devices, all the more reinforces the Court's conclusion that the FDA did fail to afford the petitioners a genuine opportunity to be heard. As outlined by the respondents themselves, the steps by which the FDA approves contraceptive drugs or devices, demand compliance with the requirements of due process viz: Step 1. Identify contraceptive products in the database. Create another database containing the following details of contraceptive products: generic name, dosage strength and form, brand name (if any), registration number, manufacturer, MAH, and the period of validity of the CPR. Step 2. Identify contraceptive products which are classified as essential medicines in the Philippine Drug Formulary. Step 3. Retrieve the contraceptive product's file and the CPR duplicate of all registered contraceptive products. Create a database of the contraceptive product's history, including its initial, renewal, amendment, and/or variation applications. Step 4. Conduct a preliminary review of the following: a. general physiology of female reproductive system, including hormones involved, female reproductive cycle, and conditions of the female reproductive system during 4/21/2020, 9:19 AM