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ALFI vs. Atty. Noche et al. [CONCURRING OPINION,LEONEN, J]

G.R. No. 217872 ALLIANCE FOR THE FAMILY FOUNDATION, PHILIPPINES, INC. (ALFI) and ATTY. MARIA CONCEPCION S. NOCHE, in her own behalf and as President of ALFI, JOSE S. SANDEJAS, ROSIE B. LUISTRO, ELENITA S.A. SANDEJAS, EMILY R. LAWS, EILEEN Z. ARANETA, SALVACION C. MONTEIRO, MARIETTA C. GORREZ, ROLANDO M. BAUTISTA, RUBEN T. UMALI, and MILDRED C. CASTOR … Petitioners versus HON. JANETTE L. GARIN, Secretary-Designate of the Department of Health; NICOLAS B. LUTERO III, Assistant Secretary of Health, Officer-in-Charge, Food and Drug Administration; and MARIA LOURDES C. SANTIAGO, Officer-in-Charge, Center for Drug Regulation and Research … Respondents G.R No. 221866 MARIA CONCEPCION S. NOCHE, in her own behalf and as counsel of Petitioners, JOSE S. SANDEJAS, ROSIE B. LUISTRO, ELENITA S.A. SANDEJAS, EMILY R. LAWS, EILEEN Z. ARANETA, SALVACION C. MONTEIRO, MARIETTA C. GORREZ, ROLANDO M. BAUTISTA, RUBEN T. UMALI, and MILDRED C. CASTOR … Petitioners versus HON. JANETTE L. GARIN, Secretary-Designate of the Department of Health; NICOLAS B. LUTERO III, Assistant Secretary of Health, Officer-in-Charge, Food and Drug Administration; and MARIA LOURDES C. SANTIAGO, Officer-in-Charge, Center for Drug Regulation and Research … Respondents

G.R. No. 217872 | 2017-04-26

CONCURRING OPINION
 
LEONEN, J:
 
I concur that petitioners’ comment should have been addressed by respondent in the re-certification proceedings. The submission of comments by the public is required by respondents’ own procedures, which it violated by refusing to answer or even acknowledge the oppositions submitted.
 
Nevertheless, a certification and re-certification proceeding for the determination of non-abortifacience does not require a public hearing. The Food and Drug Administration, as a regulatory agency, does not exercise its quasi-judicial functions when it determines whether a contraceptive is safe,...