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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE
- The President of the Philippines, upon recommendation of the Secretary of the Department of Health, shall have the power to impose maximum retail prices over any or all drugs and medicines.
- It is only the Supreme Court of the Philippines that shall issue any temporary restraining order or preliminary injunction that will prevent the immediate execution of the exercise of this power of the President.
- The power to impose maximum retail prices over drugs and medicines shall be exercised within such period of time as the situation may warrant, as determined by the President
Republic Act No. 9502 or the Universally Accessible Cheaper and Quality Medicines Act of 2008 was created in order to protect public health and, when the public interest or circumstances of extreme urgency so require, it shall adopt appropriate measures to promote and ensure access to affordable quality drugs and medicines for all. (Section 2, Republic Act No. 9502)
Under the aforementioned law, drugs and medicines refer to any chemical compound or biological substance, other than food, intended for use in the treatment, prevention or diagnosis of disease in humans or animals. (Section 4(c), R.A. No. 9502)
The law says:
The President of the Philippines, upon recommendation of the Secretary of the Department of Health, shall have the power to impose maximum retail prices over any or all drugs and medicines… (Section 17, R.A. No. 9502)
The power to impose maximum retail prices over drugs and medicines shall be exercised within such period of time as the situation may warrant as determined by the President of the Philippines.
Who may impose restrictions on the maximum retail prices over drugs and medicines by the President?
It is only the Supreme Court of the Philippines that shall issue any temporary restraining order or preliminary injunction that will prevent the immediate execution of the exercise of this power of the President. (Section, 17, R.A. No. 9502)
How may the price of drugs and medicines be regulated? The law says:
To implement the policies of this Act under this Chapter, the Secretary of the Department of Health is hereby authorized to establish and initiate a price monitoring and regulation system for drugs and medicines within one hundred twenty (120) days after the enactment of this Act. (Section 18, R.A. No. 9502)In line with this, the Secretary of the Department of Health may also create such bodies, consultative councils, from which advice may be sought in the implementation of a drug or medicine price monitoring and regulation policy. Such bodies or consultative councils created by the Secretary of the Department of Health shall coordinate its efforts together with other government agencies. (Section 18, R.A. No. 9502)
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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