G.R. No.

217872

Case Title:
Alliance for the Family Foundation, Philippines, Inc (ALFI), et al., petitioners
vs. Garin, et al., respondents

Date:
April 26, 2017

I. FACTS

 The petitioners in this case are opposing the unilateral act of the Food and Drugs
Administration (FDA) on re-certifying certain contraceptive drugs on the reason that
these drugs are abortifacients.
 Thus, in this case it is hereby 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 lmplanon NXT,
and to determine whether they are abortifacients or non-abortifacients.
 However, the respondents also alleged that petitioners are not entitled to notice and
hearing because the said proceedings are done in the exercise of its regulatory power, not
quasi-judicial power; also, they alleged that the Honorable Supreme Court is incompetent
to rule on the instant controversy due to the same reason.
 This resolution is the Omnibus Motion filed by the respondents, thru the Office of the
Solicitor General, seeking partial reconsideration of the earlier decision dated August 24,
2016 where the Court resolved the Petition for Certiorari, Prohibition, Mandamus with
Prayer for Issuance of a Temporary Restraining Order and/or Writ of Preliminary
Prohibitory and Mandatory Injunction and the Petition for Contempt of Court.

II. ISSUE

Whether or not due process need not be complied with as the questioned acts of the FDA were in
the exercise of its regulatory power.

III. RULING

No. On the argument that the certification proceedings were conducted by the FDA in the
exercise of its "regulatory powers" and, therefore, beyond judicial review, the Court holds that it
has the power to review all acts and decisions where there is a commission of grave abuse of
discretion. No less than the Constitution decrees that the Court must exercise its duty to ensure
that no grave abuse of discretion amounting to lack or excess of jurisdiction is committed by any
branch or instrumentality of the Government. Such is committed when there is a violation of the
constitutional mandate that "no person is deprived of life, liberty, and property without due
process of law." The Court's power cannot be curtailed by the FDA's invocation of its regulatory
power.