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Lex Cee
compilation of digests and anything law

Mga tagasunod Miyerkules, Oktubre 19, 2011

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Pharmaceutical and Health Care

Sundin Association of the Philippines v Duque
III
Archive sa Blog Facts:
► 2018 (4) Petition for certiorari seeking to nullify the Revised Implementing Rules and
Regulations (RIRR) of E.O. 51 (Milk Code). Petitioner claims that the RIRR is not
► 2016 (1)
valid as it contains provisions that are not constitutional and go beyond what it is
► 2013 (21) supposed to implement. Milk Code was issued by President Cory Aquino under the
► 2012 (46) Freedom Constitution on Oct.1986. One of the preambular clauses of the Milk
Code states that the law seeks to give effect to Art 11 of the Int’l Code of Marketing
▼ 2011 (43)
and Breastmilk Substitutes(ICBMS), a code adopted by the World Health
► December (3)
Assembly(WHA). From 1982-2006, The WHA also adopted severe resolutions to
► November (9) the effect that breastfeeding should be supported, hence, it should be ensured that
▼ October (6) nutrition and health claims are not permitted for breastmilk substitutes. In 2006, the
Bondoc v Pineda DOH issued the assailed RIRR.

People v Dacuycuy
Issue:
Araneta v Gatmaitan Sub-Issue: W/N the pertinent int’l agreements entered into by the Phil are part of
Pharmaceutical and Health the law of the land and may be implemented by DOH through the RIRR. If yes, W/N
Care Association of the ... the RIRR is in accord with int’l agreements
Republic v Sandiganbayan
(G.R. No. 155832)

Philippine Veterans Bank v

BCDA (G.R. No. 173085) MAIN: W/N the DOH acted w/o or in excess of their jurisdiction, or with grave abuse
of discretion amounting to lack of excess of jurisdiction and in violation of the
► September (3)
Constitution by promulgating the RIRR.
► August (8)

► July (4) Held:

Sub-issue:
► June (10)
Yes for ICBMS. Under 1987 Consti, int’l law can become domestic law by
transformation (thru constitutional mechanism such as local legislation) or
incorporation (mere constitutional declaration i.e treaties) The ICBMS and WHA
Tungkol sa Akin
resolutions were not treaties as they have not been concurred by 2/3 of all
cee lois members of the Senate as required under Sec, 21, Art 8. However, the ICBMS had
Tingnan ang aking been transformed into domestic law through a local legislation such as the Milk
kumpletong profile Code. The Milk Code is almost a verbatim reproduction of ICBMS.

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 No for WHA Resolutions. The Court ruled that DOH failed to establish that the
provisions pertinent WHA resolutions are customary int’l law that may be deemed
part of the law of the land. For an int’l rule to be considered as customary law, it
must be established that such rule is being followed by states because they
consider it as obligatory to comply with such rules (opinion juris). The WHO
resolutions, although signed by most of the member states, were enforced or
practiced by at least a majority of member states. Unlike the ICBMS whereby
legislature enacted most of the provisions into the law via the Milk Code, the WHA
Resolutions (specifically providing for exclusive breastfeeding from 0-6 months,
breastfeeding up to 24 Months and absolutely prohibiting ads for breastmilk
substitutes) have not been adopted as domestic law nor are they followed in our
country as well. The Filipinos have the option of how to take care of their babies as
they see fit. WHA Resolutions may be classified as SOFT LAW – non-binding
norms, principles and practices that influence state behavior. Soft law is not part of
int’l law.

Main issue:
Yes. Some parts of the RIRR were not in consonance with the Milk Code such as
Sec. 4(f) ->advertising, promotions of formula are prohibited,
Sec 11 -> prohibitions for advertising breastmilk substitutes intended for infants and
young children uo to 24 months
And Sec 46 -> sanctions for advertising .
These provisions are declared null and void. The DOH and respondents are
prohibited from implementing said provisions.

Ipinaskil ni cee lois sa 6:55 PM

Mga etiketa: Constitutional Law

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