THE Sandiganbayan has acquitted former Food and Drug Administration (FDA) director general Nela Charade Puno of graft filed against her in 2022 in connection with her order to shut down an unlicensed cancer treatment center in Victoria, Tarlac in 2018.
In a 43-page decision issued November 7, 2024, the Sandiganbayan Third Division held that Puno acted within her authority when she issued the August 8, 2018 decision to padlock the Dr. Farrah Bunch Natural Medical Center and to seize and destroy unregistered products being sold by the facility as “food supplements.”
Contrary to the arguments of the complainant and the prosecution, the anti-graft court held that there was no violation of due process since Dr. Bunch was given an opportunity to explain her side, adding there were prior notices or warnings issued against the sale of the supplements.
“Based on records, the seizure of the unregistered food products and the order to padlock the medical center, are mere reiterations and continuations of the previous directive …and the public health warnings previously issued by the FDA against the unregistered health products of Dr. Bunch,” the Sandignabayan noted.
The Office of the Ombudsman accused Puno of evident bad faith and causing undue injury to Bunch and her business without observing due process rules and depriving the complainant of the opportunity to be heard.
Specifically, prosecutors said the August 8, 2018 decision was issued without considering the answer filed by Bunch addressing the FDA Complaint about her treatment center’s operations.
The Sandiganbayan pointed out that before the closure order against the Tarlac facility, Puno issued a Summon with Preventive Measure Order (SPMO) dated July 24, 2018 which gave Bunch 10 days upon receipt to file her answer.
Likewise, even after the implementation of the closure order, the court pointed out that Bunch’s motion for reconsideration was still accepted, considered, and ruled upon in the FDA resolution dated October 2, 2018.
“To the Court, accused Puno’s issuance of the Resolution dated October 2, 2018, satisfies the second requirement of due process in administrative proceedings, which is for the Office of the Director-General to consider the evidence presented,” the court said.
Likewise, the court sustained Puno’s contention that there was no element of gross negligence in the closure order against Bunch’s treatment center.
“Simply put, the only issue to be resolved in the Decision dated August 8, 2018, was whether or not Dr. Bunch has the authorization to engage in the manufacture and sale of health products and for operating a pharmacy without a valid LTO (license to operate),” the Sandiganbayan said.
