As can be gleaned from the above, the functions, powers and duties of the FDA are specific
to enable the agency to carry out the mandates of the law. Being the country's premiere and
sole agency that ensures the safety of food and medicines available to the public, the FDA
was equipped with the necessary powers and functions to make it effective. Pursuant to the
principle of necessary implication, the mandate by Congress to the FDA to ensure public
health and safety by permitting only food and medicines that are safe includes "service" and
"methods." From the declared policy of the RH Law, it is clear that Congress intended that
the public be given only those medicines that are proven medically safe, legal, nonabortifacient, and effective in accordance with scientific and evidence-based medical
research standards. The philosophy behind the permitted delegation was explained in
Echagaray v. Secretary of Justice,267 as follows:
The reason is the increasing complexity of the task of the government and the growing
inability of the legislature to cope directly with the many problems demanding its attention.
The growth of society has ramified its activities and created peculiar and sophisticated
problems that the legislature cannot be expected reasonably to comprehend. Specialization
even in legislation has become necessary. To many of the problems attendant upon present
day undertakings, the legislature may not have the competence, let alone the interest and
the time, to provide the required direct and efficacious, not to say specific solutions.
10- Autonomy of Local Governments and the Autonomous Region
of Muslim Mindanao (ARMM)
As for the autonomy of local governments, the petitioners claim that the RH Law infringes
upon the powers devolved to local government units (LGUs) under Section 17 of the Local
Government Code. Said Section 17 vested upon the LGUs the duties and functions pertaining
to the delivery of basic services and facilities, as follows:
SECTION 17. Basic Services and Facilities. –
(a) Local government units shall endeavor to be self-reliant and shall continue
exercising the powers and discharging the duties and functions currently vested upon
them. They shall also discharge the functions and responsibilities of national agencies
and offices devolved to them pursuant to this Code. Local government units shall
likewise exercise such other powers and discharge such other functions and
responsibilities as are necessary, appropriate, or incidental to efficient and effective
provision of the basic services and facilities enumerated herein.
(b) Such basic services and facilities include, but are not limited to, x x x.
While the aforementioned provision charges the LGUs to take on the functions and
responsibilities that have already been devolved upon them from the national
agencies on the aspect of providing for basic services and facilities in their respective
jurisdictions, paragraph (c) of the same provision provides a categorical exception of
cases involving nationally-funded projects, facilities, programs and services.268 Thus:
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