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By Nef Luczon
VICTORY. Senator Pia Cayetano (right) goes to the Supreme Court to file a
motion to intervene in the Department of Health and Food and Drugs
Administration case against the Philippine Tobacco Institute on April 11, 2013.
The organization sought court intervention to be free from FDA regulation and
the high court finally ruled in favor of the DOH and FDA on June 7. (Photo
courtesy of the Office of Sen. Pia Cayetano)
MANILA – Senator Pia Cayetano called it a victory for the future generation as
she commended on Sunday the Supreme Court (SC) ruling that upheld the
validity of the implementing rules and regulations of Republic Act 9711 or the
Food and Drug Administration (FDA) Act of 2009 and recognized the continued
regulatory authority of the Department of Health (DOH) and FDA over
cigarettes and other tobacco products.
Cayetano said the health hazards of tobacco cannot be denied as backed by
strong medical evidence.
“It is common sense that these products be subjected to strict regulation by a
competent health authority. As principal sponsor of RA 9711 and later, as an
intervenor in this case along with Senator Franklin Drilon, I laud our SC for this
landmark decision,” she said in a statement.
Cayetano credited the guidance and support of her fellow health advocates,
including the late DOH secretary, Dr. Alberto “Quasi” Romualdez, for the
“triumph”. She is hoping that the incoming Marcos administration will
continue to strengthen the health systems and ensure that all harmful and
potentially harmful products are duly regulated. Cayetano recalled going to the
SC with Drilon on April 11, 2013 to file a motion to intervene in the DOH and
FDA case against the Philippine Tobacco Institute (PTI), whose members
include Philip Morris Philippines Manufacturing, Inc., Fortune Tobacco Corp.,
La Suerte Cigar, and Cigarette Factory.
The organization rejected FDA’s authority then and sought court intervention.
The SC decision, promulgated on June 7, read “there is no overlap of functions,
as it is clear that petitioners have technical authority over matters of public
health” and that the implementing rules explicitly state that rules and
regulations and other issuances to be promulgated by the FDA will refer to
policy areas that are not covered by specialized agencies and special laws.
“Tobacco-related addiction and disease constitute a global epidemic with
serious consequences. However, despite these obvious health hazards, the
tobacco industry has marketed and sold their lethal products with zeal,
deception, a single-minded focus on financial success, and without regard for
the human tragedy or social costs that such success has exacted. Through
creative and aggressive marketing and advertising, the tobacco industry is
constantly able to conceal the harm and addictiveness of its products,” read
Cayetano and Drilon’s motion to intervene eight years ago.
In 2011, a Las Piñas court also denied for lack of merit PTI’s petition to stop the
DOH and FDA from enforcing any form of regulation or supervision on tobacco
products. According to the PTI petition, RA 9211 or the Tobacco Regulation Act
of 2003 states that the Inter-Agency Committee on Tobacco has exclusive
authority to implement the law, which includes regulation.
FDA and DOH countered that cigarette falls under their authority because of its
impact on health. “Imagine how detrimental it will be for Filipinos if the
petition of the tobacco industry was granted. The industry wants a government
committee where it sits as a member to regulate tobacco products. This is not
only ironic, but worse, puts the whole nation’s health at risk,” tobacco control
advocate Emer Rojas said at the time. (PNA)
Source: https://www.pna.gov.ph/articles/1176483
MAKATI CITY – The Department of Trade and Industry (DTI) reiterates that the
“No Return, No Exchange” policy is prohibited because this is considered a
deceptive sales act. Under Republic Act No. 7394 (RA 7394) or the “Consumer
Act of the Philippines,” as well as its Implementing Rules and Regulations, the
words “No Return, No Exchange” or words to such effect shall not be written
into the contract of sale, receipt in a sales transaction, in any document
evidencing such sale or anywhere in a store or business establishment.
The Consumer Act of the Philippines specifies, “Sellers are obliged to honor
their warranties and grant corresponding remedies to consumers”. As such,
consumers should be allowed to return or exchange the goods, or avail
themselves of other remedies, in case of hidden faults or defects, or any
charge the buyer was not aware of the time of purchase. In enforcing these
remedies, however, consumers should bear in mind to at least prove the sale
transaction and show an evidence such as the official receipt. In cases where
the official receipt is not available, the buyer may resort to any other
alternative proof.
In the case of medicines, the seller is obliged to replace medicines that are
adulterated, misbranded, counterfeit or expired upon purchase. However, if
the product bought has no imperfection or defect, or if the medicine
purchased is not adulterated, misbranded, counterfeit or expired, the seller
may either refuse to replace or refund or, in the exercise of goodwill towards
their customers, may grant the replacement or request for refund.
DTI Consumer Protection Group (CPG) Assistant Secretary, Atty. Ann Claire C.
Cabochan emphasizes, “Consumers are entitled to the repair, replacement and
refund of products with defects. However, they are not entitled to these
because of a change of mind or a mistake on their part.”
“This is why the Department constantly advises the consumers to examine the
product prior to purchase and ask about the seller’s return and exchange
policies”, Assistant Secretary Cabochan explains.
Source: https://pia.gov.ph/press-releases/2022/11/02/dti-warns-against-
establishments-implementing-a-no-return-no-exchange-policy-explains-to-
consumers-the-rule-on-return-and-exchange
He vowed to reintroduce House Bill No. 5984, which he first filed when he was
a member of the House of Representatives. The bill seeks to include
environmental education in the curriculum for the primary education
department.
Under the bill, the Department of Education (DepEd) shall ensure that the
course of instruction from kindergarten to elementary school shall include a
component on environmental education. Such component shall instruct
students on topics including, but not limited to, recycling, energy efficiency,
conservation, and climate change.
Under the law, the DepEd, Commission on Higher Education (CHED), the
Technical Education and Skills Development Authority (TESDA), the
Department of Social Welfare and Development (DSWD) should implement
public education and awareness programs on environmental protection and
conservation. (PR)
Source: https://www.pna.gov.ph/articles/1168674
QUEZON CITY (PIA) – To mark World AIDS Day 2022, the Philippine Information
Agency (PIA) collaborated with the Bureau of Communication Services (BCS) in
developing and producing a compact brochure to raise knowledge and
awareness about HIV and AIDS.
The standee-type brochure, currently on display at the PIA lobby until
December 15, chronicles important facts on HIV (human immunodeficiency
virus) which, if left untreated, can lead to AIDS (acquired immunodeficiency
syndrome), health experts said.
It also features information on this year’s theme “End HIV, Act for Equality Para
sa Isang Healthy Pilipinas” which was anchored on the international theme
“Equalize.”
According to the Joint United Nations Programme on HIV and AIDS (UNAIDS),
people around the world are asked to address the inequalities which are
holding back progress in ending AIDS.
Since the first reported HIV infection in the Philippines in 1984, some 105,794
confirmed HIV cases were reported to the HIV and AIDS Registry of the
Philippines.
In the Asia and Pacific Region, the Philippines has the fastest-growing HIV
epidemic, with a 237% increase in annual new HIV infections from 2010 to
2020. In the same period, AIDS-related deaths have increased by 315%, the HIV
and AIDS Registry said.
Source: https://pia.gov.ph/news/2022/12/02/pia-bcs-raise-awareness-on-
hivaids-on-world-aids-day-2022
MANILA – The Philippine Army (PA) has collected 44,500 cubic centimeters (cc)
of blood (around 98 bags with 450 milliliters each bag) from its blood-letting
drive held in connection with the upcoming 61st founding anniversary of its
Headquarters and Headquarters Support Group (HHSG) on Wednesday.
Army spokesperson Col. Xerxes Trinidad, in a statement Wednesday night, said
the activity was held at the Army General Hospital at PA headquarters in Fort
Bonifacio, Metro Manila.
Military and civilian personnel of the unit spearheaded the blood-letting drive.
The HHSG, which will celebrate its founding anniversary on July 6, was
established to provide administrative, security, ceremonial services, command
activities, and service support to the PA.
"The blood-letting program aims to supplement the blood bank of the
Department of Health-administered Rizal Medical Center in Pasig City," he
added.
Trinidad said this activity shows the dedication and commitment of soldiers to
serve the people and save lives not just through combat operations but
through a multitude of other ways as well.
The government promotes the humanitarian act of voluntary blood donation
under Republic Act 7719, also known as the National Blood Services Act of
1994, to provide a sufficient supply of safe blood and to regulate blood banks.
(PNA)
Source: https://www.pna.gov.ph/articles/1176799
MANILA, Philippines — Cebu City Rep. Rachel Marguerite del Mar wants a one-
year prescriptive period for cyberlibel, instead of the 12 years set in the
implementing rules and regulations (IRR) of the Cybercrime Prevention Act of
2012, to put in place a reasonable time limit on lawsuits over online
defamation.
In her House Bill No. 6750, Del Mar questioned why the prescription period for
cyberlibel was set at 12 years when the Revised Penal Code set a prescription
period of one year for the crime of libel.
In Del Mar’s explanatory note, she pointed out: “With the advent of advance
technologies, social media and other platforms, the exercise of freedom of
speech, of expression or of the press has become wider, faster and accessible.”
“Despite compliance with the Data Privacy Act, netizens — not only media
people — are now at risk [from] all kinds of lawsuits by commenting or
publishing something through a social media platform,” she pointed out.
The lawmaker noted that cyberlibel, under Republic Act No. 10175, or the
Cybercrime Prevention Act of 2012, has “no express provision on the
prescription,” but the Department of Justice set it at 12 years in the law’s
implementing rules.
A law’s prescription period is the time limit within which a person could bring
legal action for an offense or enforce a right.
Del Mar pointed out that there were two conflicting interpretations to the
prescriptive period of cyberlibel: 12 years under RA 10175’s IRR and the one
year set in section 90 of the Revised Penal Code.
She cited a 2014 Supreme Court ruling which stated that cyberlibel is “not a
new crime” as it already falls under “similar means of committing libel” in the
Revised Penal Code Article 353, in relation to Article 355.
Source:
https://www.google.com/amp/s/newsinfo.inquirer.net/1721307/lawmaker-
seeks-changes-in-cyberlibel-law/amp
Source:https://www.google.com/amp/s/www.philstar.com/nation/
2022/03/25/2169607/house-approves-bill-against-child-sexual-abuse-all-
forms/amp/