Scribbles of a Lunatic Mind: Del Rosario vs. Bengzon (December 21, 1989)
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Del Rosario vs. Bengzon (December 21, 1989)
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Del Rosario vs. Bengzon (December 21, 1989) FOLLOW BY EMAIL Post under case digests, digests, Political Law at Law at Sunday, March 18, 2012 Posted 2012 Posted by Schizophrenic Mind
Facts: Philippine Medical Association is the nat the national ional organization organization of medical doctors in the Philippines. They assail ass ail the constituti constitutionality onality of some of the provisions of Generics Generics Act Act of 1988 1 988 (Rep. (Rep. Act 6675) 6 675) and the implementation of Administrative Order No. 62. The law specifically provides that “All governm government ent health health agencies agencies shall use generic terminology or generic names names in all tr ansactions ansactions related to purchasing, prescribing, dispensing dispensing,, and administering of drugs and medicines medicines.. It also includes medical, dental and veterinar y, y, private practitioners shall write prescriptions using the th e gener ic ic name.. name
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The petitioner’s main argument is the alleged unequal tr eatment eatment of government practitioners and those on the t he private practice. practice. It is because the former are required to use only generic term inology in the prescription while the latter may write the brand name na me of the drug below the generic name. It is allegedly a specie of invalid class legislation. In addition, ddition, the petition pet itioners ers gave a distorted interpretation on RA 6675 6675 and Admin Order No. 62 saying that the salesgirl and or dr uggist uggist have the discretion to to substitute the doctor’s prescription. The court says that the salesgirl at the drugstore counter merely informs the customer, but does not determine all the other drug products or brands that have the same generic name and their prices. Issue: Issue: Whether or not the Generics Act is constitutional as to the exercise of police power by the government.
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Held: Held: Petition Dismissed. The court has been unable to find any constitutional infirmity in the Generics Act. It implements the constitutional mandate for the State “to protect and promote the right to health of the people” and “to make essential goods, health and other social services available services available to all the people at affordable cost”.
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The alleged unequal treatment of government physicians, dentists and veterinarians on one hand and those in the private practice in the other, is a misinterpretation of the law. A visitor from Makati, " http://coffeeafficionado.blogspot.com/2012/03/del-rosario-vs-bengzon-december-21-1989.html
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Scribbles of a Lunatic Mind: Del Rosario vs. Bengzon (December 21, 1989)
11/23/13 11:55 PM
The salesgirl at the drugstore counter merely informs the customer of all available products, but does not determine all the other drug products or brands that have the same generic name and their corresponding process.
of a Lunatic Mind: Del Rosario vs. Bengzon (December 21, 1989)" 0 secs ago
The penal sanction in violation of the law is indispensable because they are the teeth of the law. Without them, the law would be toothless.
A visitor from Muntinlupa City, Rizal viewed "Scribbles of a Lunatic Mind: Gaston vs. Republic Planters Bank" 7 mins ago
The Generics Act and the implementing administrative orders of the Secretary of Health are constitutional. The purpose of the Generics Act is to “promote and require the use of generic drug products that are therapeutically equivalent to their brand name counterparts”. The effect of the drug does not depend on its brand but on the active ingredients which it contains.
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