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    CASE DIGEST TOBI - CASE DIGEST - PHARMACEUTICAL Vs Duque

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    Moon
    The Department of Health issued revised implementing rules and regulations regarding breastmilk substitutes that were challenged. The Supreme Court ruled the regulations unconstitutional because: 1) Recommendations of the World Health Assembly are not automatically binding and require local legislation to have force. 2) For international law to be considered customary law binding in the Philippines, it must be consistently followed by states out of a sense of obligation. 3) The provisions of the World Health Assembly resolutions were not transformed into domestic law by the legislature, so could not be implemented by executive agencies alone. Legislation was necessary to give them legal effect.

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    CASE DIGEST TOBI - CASE DIGEST - PHARMACEUTICAL Vs Duque

    Uploaded by

    Moon
    256 views2 pages
    The Department of Health issued revised implementing rules and regulations regarding breastmilk substitutes that were challenged. The Supreme Court ruled the regulations unconstitutional because: 1) Recommendations of the World Health Assembly are not automatically binding and require local legislation to have force. 2) For international law to be considered customary law binding in the Philippines, it must be consistently followed by states out of a sense of obligation. 3) The provisions of the World Health Assembly resolutions were not transformed into domestic law by the legislature, so could not be implemented by executive agencies alone. Legislation was necessary to give them legal effect.

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    CASE DIGEST TOBI- CASE DIGEST - PHARMACEUTICAL Vs Duque

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    The Department of Health issued revised implementing rules and regulations regarding breastmilk substitutes that were challenged. The Supreme Court ruled the regulations unconstitutional because: 1) Recommendations of the World Health Assembly are not automatically binding and require local legislation to have force. 2) For international law to be considered customary law binding in the Philippines, it must be consistently followed by states out of a sense of obligation. 3) The provisions of the World Health Assembly resolutions were not transformed into domestic law by the legislature, so could not be implemented by executive agencies alone. Legislation was necessary to give them legal effect.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    256 views2 pages

    CASE DIGEST TOBI - CASE DIGEST - PHARMACEUTICAL Vs Duque

    Uploaded by

    Moon
    The Department of Health issued revised implementing rules and regulations regarding breastmilk substitutes that were challenged. The Supreme Court ruled the regulations unconstitutional because: 1) Recommendations of the World Health Assembly are not automatically binding and require local legislation to have force. 2) For international law to be considered customary law binding in the Philippines, it must be consistently followed by states out of a sense of obligation. 3) The provisions of the World Health Assembly resolutions were not transformed into domestic law by the legislature, so could not be implemented by executive agencies alone. Legislation was necessary to give them legal effect.

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    © All Rights Reserved
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    CASE DIGEST TOBI

    Friday, November 15, 2013

    CASE DIGEST : PHARMACEUTICAL Vs Duque


    G.R. No. 173034 October 9, 2007 PHARMACEUTICAL AND HEALTH CARE
    ASSOCIATION OF THE PHILIPPINES, petitioner, vs. HEALTH SECRETARY FRANCISCO
    T. DUQUE III; HEALTH UNDER SECRETARIES DR. ETHELYN P. NIETO, DR.
    MARGARITA M. GALON, ATTY. ALEXANDER A. PADILLA, & DR. JADE F. DEL MUNDO;
    and ASSISTANT SECRETARIES DR. MARIO C. VILLAVERDE, DR. DAVID J. LOZADA,
    AND DR. NEMESIO T. GAKO, respondents.

    FACTS : Named as respondents are the Health Secretary, Undersecretaries, and Assistant
    Secretaries of the Department of Health (DOH). For purposes of herein petition, the DOH is
    deemed impleaded as a co-respondent since respondents issued the questioned RIRR in
    their capacity as officials of said executive agency.1Executive Order No. 51 (Milk Code) was
    issued by President Corazon Aquino on October 28, 1986 by virtue of the legislative powers
    granted to the president under the Freedom Constitution. One of the preambular clauses of
    the Milk Code states that the law seeks to give effect to Article 112 of the International Code
    of Marketing of Breastmilk Substitutes (ICMBS), a code adopted by the World Health
    Assembly (WHA) in 1981. From 1982 to 2006, the WHA adopted several Resolutions to the
    effect that breastfeeding should be supported, promoted and protected, hence, it should be
    ensured that nutrition and health claims are not permitted for breastmilk substitutes.In 1990,
    the Philippines ratified the International Convention on the Rights of the Child. Article 24 of
    said instrument provides that State Parties should take appropriate measures to diminish
    infant and child mortality, and ensure that all segments of society, specially parents and
    children, are informed of the advantages of breastfeeding. On May 15, 2006, the DOH
    issued herein assailed RIRR which was to take effect on July 7, 2006.

    Issue: . Whether Administrative Order or the Revised Implementing Rules and Regulations
    (RIRR) issued by the Department of Health (DOH) is not constitutional;

    Held: YES

    under Article 23, recommendations of the WHA do not come into force for members,in the
    same way that conventions or agreements under Article 19 and regulations under Article 21
    come into force. Article 23 of the WHO Constitution reads:
    Article 23. The Health Assembly shall have authority to make recommendations to Members
    with respect to any matter within the competence of the Organization
    for an international rule to be considered as customary law, it must be established that such
    rule is being followed by states because they consider it obligatory to comply with such rules

    Under the 1987 Constitution, international law can become part of the sphere of domestic
    law either

    By transformation or incorporation. The transformation method requires that an international


    law be transformed into a domestic law through a constitutional mechanism such as local
    legislation. The incorporation method applies when, by mere constitutional declaration,
    international law is deemed to have the force of domestic law.

    Consequently, legislation is necessary to transform the provisions of the WHA Resolutions


    into domestic law. The provisions of the WHA Resolutions cannot be considered as part of
    the law of the land that can be implemented by executive agencies without the need of a law
    enacted by the legislature

    Tobi at 11:07 AM

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