RODOLFO BELTRAN V.

THE SECRETARY OF HEALTH

G.R. No. 133640 November 25, 2005

AZCUNA, J.:

POINT OF THE CASE:

The promotion of public health is a fundamental obligation of the State. The health of the people is a
primordial governmental concern. Basically, the National Blood Services Act was enacted in the exercise
of the State’s police power in order to promote and preserve public health and safety.

FACTS:

The Republic Act 7199 (National Blood Services Act) was enacted in 1994, seeking to provide an
adequate supply of safe blood by promoting voluntary blood donation banks in the country. Section 7
thereof provided for the phase-out of all commercial blood banks within 2 years after its affectivity. The
Act was passed after studies showed that blood transfusions could lead to transmission of diseases, and
that blood sold by persons to commercial blood are three times more likely to have blood transfusion
transmissible diseases than those donated on the Philippine National Red Cross. Prior to the expiration of
the commercial blood banks licenses, they filed a petition assailing the constitutionality and validity of RA
7719 and its Implementing Rules and Regulations, for discriminating against freestanding in a manner,
which is not germane to the purpose of law.

ISSUES:

Whether or not Republic Act 7719 violates equal protection clause.

Whether or not within Section 7 of Republic Act constitutes unlawful deprivation of personal liberty and
property.

HELD:

No. The Supreme held that RA 7719 on substantial distinctions. Non-profit blood banks operate for purely
humanitarian reasons and as amended service, and encourage voluntary blood donation. On the other
hand, commercial bloods banks are motivated by profit are motivated by profit and treat blood as sale of
commodity.

No. In serving the interest of the public, and to give meaning to the purpose of the law, the Legislature
deemed it necessary to phase-out commercial blood tanks. This action may seriously affect the owners
and operators, as well as the employees, of commercial blood banks but their interests must give way to
serve a higher end for the interest of the public.