E-Library - Information At Your Fingertips: Printer Friendly 34 of 48 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63027 a quasi-judicial function when it determines what the law is and adjudicates the rights of the parties before it.[28] An administrative agency's quasi-judicial functions should not be confused with its administrative or executive functions. A purely executive or administrative function connotes, or pertains, to "administration, especially management, as by managing or conducting, directing or superintending, the execution, application, or conduct of persons or things." It does not entail an opportunity to be heard, the production and weighing of evidence, and a decision or resolution thereon.[29] On the other hand, an administrative agency exercises its quasi-judicial function when "it performs in a judicial manner an act which is essentially of an executive or administrative nature."[30] Thus, while the administrative agency is not expected to act like a court of law, it is still expected to listen to both sides and to render a decision explaining its reasons for its decision.[31] As previously discussed, the Food and Drug Administration requires scientific, medical, and pharmacological data as well as numerous clinical studies in its registration, certification, and re-certification procedures. Due to the highly technical nature of the processes, none of the standards and procedures required in quasijudicial proceedings would be applicable to it. The standard of evidence required to establish the existence of a fact before a quasijudicial tribunal is substantial evidence.[32] Substantial evidence is defined as "that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion."[33] The United States Food and Drug Administration defines substantial evidence of a drug's effectiveness as: "evidence consisting of adequate and well-controlled investigations, including clinical investigations, by experts qualified by scientific training and experience to evaluate the effectiveness of the drug involved, on the basis of which it could fairly and responsibly be concluded by such experts that the drug will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the labeling or proposed labeling thereof."[34] Republic Act No. 10354 mandates that the Food and Drug Administration use the "best evidence available" to ascertain whether a contraceptive is non-abortifacient: c) In making its determination, the FDA shall use the best evidence available, including but not limited to: meta-analyses, systematic reviews, national clinical practice guidelines where available, and recommendations of international medical organizations.[35] 4/21/2020, 9:19 AM

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