Republic of the Philippines

Province of Ilocos Sur

CITY OF VIGAN

OFFICE OF THE SANGGUNIANG PANLUNGSOD

FIFTH CITY COUNCIL

ORDINANCE NO. 10
SERIES OF 2013

“AN ORDINANCE REGULATING THE SELLING OR DISPENSING OF

ANTIMICROBIAL DRUGS TO PREVENT ANTIMICROBIAL
RESISTANCE IN THE CITY OF VIGAN”
WHEREAS, health is one of the top priorities of the City Government of Vigan;

WHEREAS, the World Health Organization stated that Antimicrobial resistance is a global
problem that needs urgent action and that antimicrobial use is the key driver of resistance.
Resistance costs money, livelihood and lives and threatens to undermine the effectiveness of
health delivery programs. It has recently been described as a threat to global stability and
national security;

WHEREAS, the Department of Health found data from its Antibiotic Resistance Surveillance
Program alarming;

WHEREAS, the negative impact of antimicrobial resistance in humans is colossal which results
in an increased costs in healthcare, higher mortality and morbidity and productivity losses;

WHEREAS, Section 25 of Republic Act No. 5921 states that no medicine, pharmaceutical, or
drug of whatever nature and kind or device shall be compounded, dispensed, sold or resold, or
otherwise be made available to the consuming public except through a prescription drugstore or
hospital pharmacy, duly established in accordance with the provisions of this Act;

NOW, THEREFORE, be it ordained to enact this Ordinance.

SECTION 1.TITLE: This ordinance shall be known as “AN ORDINANCE REGULATING

THE SELLING OR DISPENSING OF ANTIMICROBIAL DRUGS TO PREVENT
ANTIMICROBIAL RESISTANCE IN THE CITY OF VIGAN ”

SECTION 2.DECLARATION OF POLICY AND OBJECTIVES; Section 458 of the Local

Government Code states the Sangguniang Panlungsod, as the legislative body of the city, shall
enact ordinances, approve resolutions and appropriate funds for the general welfare of the city
and its inhabitants pursuant to Section 16 of this Code and in the proper exercise of the corporate
powers of the city as provided for under Section 22 of this Code, and shall approve ordinances
which shall ensure the efficient and effective delivery of the basic services and facilities as
provided for under Section 17 of this Code, and in addition to said services and facilities, shall
approve measures and adopt quarantine regulations to prevent the introduction and spread of
diseases.

SECTION 3. DEFINITION OF TERMS:

a. Antimicrobial/ Antibiotic- destroying or inhibiting the growth of microorganisms and
especially pathogenic microorganisms.

b. Resistance- the capacity of a species or strain of microorganism to survive exposure to a

toxic agent (as a drug) formerly effective against it.
c. Practitioner Licensed By Law-
i. A person engaged in the practice of medicine (a) who, for compensation, fee,
salary or reward in any form, paid to him directly or through another, or even
without the same, physical examine any person, and diagnose, treat, operate or
prescribe any remedy for any human disease, injury, deformity, physical,
mental or physical condition or any ailment, real or imaginary, regardless of
the nature of the remedy or treatment administered, prescribed or
recommended; or (b) who, by means of signs, cards, advertisements, written
or printed matter, or through the radio, television or any other means of
communication, either offer or undertake by any means or method to
diagnose, treat, operate or prescribe any remedy for any human disease,
injury, deformity, physical, mental or physical condition; or (c) who use the
title M.D. after his name.

1. Exemptions. The preceding definition shall not be construed to affect

(a) any medical student duly enrolled in an approved medical college
or school under training, serving without any professional fee in any
government or private hospital, provided that he renders such service
under the direct supervision and control of a registered physician; (b)
any legally registered dentist engaged exclusively in the practice of
dentistry; (c) any duly registered masseur or physiotherapist,
provided that he applies massage or other physical means upon
written order or prescription of a duly registered physician, or
provided that such application of massage or physical means shall be
limited to physical or muscular development; (d) any duly registered
optometrist who mechanically fits or sells lenses, artificial eyes,
limbs or other similar appliances or who is engaged in the
mechanical examination of eyes for the purpose of constructing or
adjusting eye glasses, spectacles and lenses; (e) any person who
renders any service gratuitously in cases of emergency, or in places
where the services of a duly registered physician, nurse or midwife
are not available; (f) any person who administers or recommends any
household remedy as per classification of existing Pharmacy Laws;
and (g) any psychologist or mental hygienist in the performance of
his duties, provided such performance is done in conjunction with a
duly registered physician.

2. Limited practice without any certificate of registration.

Certificates of registration shall not be required of the
following persons:
• Physicians and surgeons from other countries called
in consultation only and exclusively in specific and
definite cases, or those attached to international
bodies or organization assigned to perform certain
definite work in the Philippines provided they shall
limit their practice to the specific work assigned to
them and provided further they shall secure a
previous authorization from the Board of Medical
Examiners.
• Commissioned medical officers of the United States
armed forces stationed in the Philippines while
rendering service as such only for the members of
the said armed forces and within the limit of their
own respective territorial jurisdiction.
 • Foreign physicians employed as exchange
professors in special branches of medicine or
surgery whose service may in the discretion of the
Board of Medical Education, be necessary.
• Medical students who have completed the first four
years of medical course, graduates of medicine and
registered nurses who may be given limited and
special authorization by the Secretary of Health to
render medical services during epidemics or
national emergencies whenever the services of duly
registered physicians are not available. Such
authorization shall automatically cease when the
epidemic or national emergency is declared
terminated by the Secretary of Health.

ii. Licensed Physician and Dentist.

SECTION 4. PROHIBITED ACTS. The following acts are hereby prohibited:

a. It shall be unlawful for any person, drugstore or pharmacy to dispense antimicrobial
agents without the written prescription of a practitioner licensed by law.

b. No medicine, pharmaceutical, or drug of whatever nature and kind or device shall be

compounded, dispensed, sold or resold, or otherwise be made available to the consuming
public by any person except through authorized drug outlets, and other establishments
and facilities of health products, as determined by the Department of Health and Food
and Drug Administration.

SECTION 5. PENAL PROVISIONS.

a. Any drug store dispensing antibiotics without the correct prescription and or selling
suspected counterfeit antibiotics shall be reported to the Food and Drug
Administration for regulatory action.

b. Any person, drugstore or pharmacy who violates the provisions of section 4

paragraph b shall be penalized as follows:
First Offense: Warning letter from City Health Office
Second Offense: A fine of Five Thousand Pesos (P 5,000.00) and
cancellation of business permit

SECTION 6. REPEALING CLAUSE

All ordinances, rules and regulations or parts thereof in conflict with this ordinance are
hereby repealed, provided that the rights that are vested upon the effectivity of this Ordinance
shall not be impaired.

SECTION 7. SEPARABILITY CLAUSE

Should any provision, section or part of this ordinance declared as invalid by any court of
competent jurisdiction, such judgment shall not affect or impair the remaining provisions,
sections or parts hereof which shall continue to be in full force and effect.

SECTION 8. EFFECTIVITY CLAUSE.

This ordinance shall take effect upon approval.

Approved on SEPTEMBER 16, 2013.