REPUBLIC OF THE PHILIPPINES

Regional Trial Court

National Capital Judicial Region
Branch 66
Makati City

Abigail Gomez,

Petitioner,

Civil Case No. 54321

- versus - For: Injunction

Huli Ka! (Serbisyo at Atbp.)

Management, PTV-4, UNTV,

TV Shopping Management,

and Beam TV,

Respondents.

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PETITION FOR INJUNCTION

Petitioner, through undersigned counsel respectfully states:

1. The petitioner Abigail Gomez, is of legal age, single, and

a resident of 20 Rockwell Drive, Makati City. a medical

physician by profession, and a member of the Coalition

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 of Concerned Health Professionals, whose authority to

file this petition is shown below.

2. On 16 September 2019, the petitioner wrote the Ad

Standards Crisis Committee of the Ad Standards Council

(Council) for its review and recommendation under Rule

V, Section1c of its 2016 Responsible Advertising

Guidebook, bringing to their attention the acts of PTV-4,

UNTV and Beam TV in featuring the product Queen

Herbal Tea Elixir (product) weekly, in the public-service

oriented program Huli Ka! (Serbisyo at Atbp.), devoting

sixty percent (60%) of its airtime to its alleged attributes

and efficacies. Petitioner wrote the said complaint in

order for respondent networks to desist from airing the

features.

3. That the petitioner is filing this petition for injunction for

to protect the interest of the public against false

advertising, especially of those publicly displaying

themselves to have medicinal properties.

4. Despite the product not being classified as a drug, it has

been portrayed as a cure for coronary heart disease,

high blood pressure, and high uric acid. This is contrary

to Food and Drug Administration’s Order No. 65 of 1989,

which states that only products registered with the FDA

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 may be advertised and promoted. In order to show such,

the program has used actual drama re-enactment

featuring:

a. First, the condition of a “patient,” or the featured

witness before regularly taking the product;

b. Second, that the “patient” has used the said

product to treat his/her condition; and

c. Third, that the patient’s condition has disappeared

after regularly consuming such product.

5. In addition to the said re-enactment, the tv shopping

program of Beam TV even had an extended explanation

by the hosts of the alleged efficacy of the product.

6. For being a product not registered in the FDA, the

program feature also runs counter to Republic Act No.

7394 or the Consumer Act of the Philippines, which

prohibits sales promotion activities that are classified as

deceptive, unfair and unconscionable sales acts or false

advertising.

7. To make things worse, the features do not show the

FDA-prescribed phrase “Mahalagang Paalala: Ang

(name) ay hindi gamot at hindi dapat gamiting

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 panggamot sa anumang uri ng sakit.”1 It only showed

the shortened “Ito ay hindi gamot.” for about two

seconds after every feature, showing the intent of the

producers of the feature to deceive the public that the

product actually has medicinal attributes that could treat

or cure diseases, constituting false advertising.

8. The complainant has thereafter sought the advise of the

officers of the ASC, through a letter complaint dated 16

September 2019 sent to the ASC Executive Director, c/o

Ad Standards Council Crisis Committee, 118, 6th Floor

LTA Building, Perea Street, Makati, 1200 Metro Manila.

9. The Council replied to the complainant stating that no

course of action can be taken through the it because the

matter is strictly program content which is beyond the

regulatory powers of the ASC.

10. That the continuance of the acts, specifically the features

of the product aforementioned, without following the

necessary guidelines provided by law will cause great and

irreparable injury to the audiences deceived by the false

advertisements.

1Food/Dietary Supplement Advertising Guidelines. ASC Circular 2018-

016, effective December 3, 2018.

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 PRAYER

WHEREFORE, premises considered, petitioner respectfully

prays that this Honorable Court prohibits respondents from

airing the said features and advertisements. Other reliefs that

may be just and equitable are likewise prayed for.

Makati City, Philippines. 16 October 2019.

(Sgd). Atty. Athena Ybañez

Counsel for Plaintiff
21, Ayala Ave. Makati City
Roll No. 11111, 1/10/15, Makati City
IBP No. 22222 - Makati
PTR No. 33333 – Makati
MCLE No. I-44444; 9/2/18

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REPUBLIC OF THE PHILIPPINES )
MAKATI CITY ) S.S.

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

1. I am the petitioner in the above-entitled case;

2. The facts stated in the above petition are true and

correct to the best of my knowledge and authentic

records;

3. I have not commenced any action or filed any claim

involving the same issues in any court, tribunal, or

quasi-judicial agency, and to the best of my knowledge,

no such other action or claim is pending in them; and

4. If I should learn that the same or similar action or

claim has been filed or is pending after its filing, I shall

report that fact within five (5) days to the court or

where the complaint or initiatory pleading has been

filed.

17 October 2019, Makati City.

(Sgd). Abigail Gomez

Affiant

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SUBSCRIBED and sworn before me, this 17th day of October,
2019, in the City of Makati, by Abigail Gomez with PRC
License No. 999999, issued on September 1, 2015 at PRC
Makati City.

(Sgd). Atty. Notariana Grande

Notary Public for Makati
Commission No. 8888
Until December 31, 2019
IBP No. 77777, 1/10/2015/ Makati
PTR No. 55555, 1/28/2015/ Makati

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