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[26] ZAMECO II Board of Directors v. Castillejos Consumers Ass'n. Inc. (CASCONA),
et al., 600 Phil. 365, (2009).
[27] SEC v. Court of Appeals, 316 Phil. 903 (1995).
[28] G.R. No. 205728, January 21, 2015, 747 SCRA 1. ("This case pertains to acts of
COMELEC in the implementation of its regulatory powers. When it issued the
notice and letter, the COMELEC was allegedly enforcing election laws.")
[29] Republic of the Phils. v. Sandiganbayan, 461 Phil. 598 (2003).
[30] Ynot v. Intermediate Appellate Court, No. L-74457, March 20, 1987, 148 SCRA
659.
[31] Tatad v. Sandiganbayan, 242 Phil. 563, 575-576 (1988).
[32] Rollo (G.R. No. 217872), p. 18.
[33] Decision, p. 15.
[34] Rollo, pp. 418-419.
[35] Section 7.04. FDA Certification of Family Planning Supplies.
The FDA must certify that a family planning drug or device is not an abortifacient in
dosages of its approved indication (for drugs) or intended use (for devices) prior to
its inclusion in the EDL. The FDA shall observe the following guidelines in the
determination of whether or not a drug or device is an abortifacient:
a) As define in Section 3.01 (a) of these Rules, a drug or device is deemed to be an
abortifacient if it is proven to primarily induce abortion or the destruction of a fetus
inside the mother's womb or the prevention of the fertilized ovum to reach and be
implanted in the mother's womb;
b) The following mechanisms do not constitute abortion: the prevention of ovulation;
the direct action on sperm cells prior to fertilization; the thickening of cervical
mucus; and any mechanism acting exclusively prior to the fertilization of the egg by
the sperm;
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;
d) In the presence of conflicting evidence, the more recent, better-designed, and
larger studies shall be preferred, and the conclusions found therein shall be used to
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