FIFTEENTH CONGRESS OF THE REPUBLIC) 
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IlOFFlCE 01'1 ,'E SECllllt,H't 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
HI 
SEI' 20 P 1 :3_ . 
SENAW 
S. No. ~.,28 
Introduced by Senator'Miriam Defensor Santiago 
EXPLANATORY NOTE 
Article II Section 15 of the 1987 Constitution provides that: 
The State shall protect and promote the right to health of the people and instill health 
consciousness among them. 
The Harvard Health letter featured among its Top 10 health related stories of 2009 that a 
wave of new rules and regulations went into effect to slow down the flow of gifts, free meals, 
and payments to physicians from pharmaceutical companies. The changes were made in 
response to criticism that industry largesse was creating conflicts of interest. Among those which 
passed such laws is the Vermont Legislature which stated that there is strong evidence these 
financial gifts - free lunches, trips to conferences and sometimes even cash payments - influence 
the prescribing patterns of doctors. 
Industry funding is important in medicine, especially when it comes to research. 
Relationships with pharmaceutical industry are a fundamental part of the way medicine is 
practiced today. These relationships benefit physicians and industry, but the important policy 
question is to what extent do these relationships benefit patients in terms of the care they 
receive? Such financial assistance should be aboveboard and available for all who are interested 
to see. 
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FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
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SE~ 20 fl' 1 :3' 
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SENATE 
S.No. 2528 
Introduced by Senator Miriam Defensor'Santiago 
AN ACT REQUIRING THE DISCLOSURE OF GIFTS PROVIDED BY 
PHARMACEUTICAL MANUFACTURERS OR MEDICAL DEVICE 
MANUFACTURERS TO HEALTH CARE PROVIDERS 
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Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. Definitions. As used in this Act, the following terms shall have the 
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following meanings: 
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a) "Pharmaceutical manufacturer" shall mean a person who compounds, mixes, prepares, 
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produces and bottles or packs drugs for the purpose of distributing or selling to pharmacies or 
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to other channels of distribution. 
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b) "Medical device manufacturer" shall mean a person who manufacturers and packs, for the 
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purpose of distributing or selling to health care providers or to other charmels of distribution: 
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(1) 
any instrument, apparatus, implement, machine, contrivance, implant, in vitro 
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reagent, or other similar or related article, including a component part, or accessory which is 
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intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, 
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treatment, or prevention of disease; or 
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(2) intended to affect the structure or any function of the body, and which does not 
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achieve any of its primary intended purposes through chemical action within or on the 
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body of a person and which is not dependent upon being metabolized for the achievement of 
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any of its primary intended purposes. 
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SECTION 2. Disclosure requirements. 
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1. Any pharmaceutical manufacturer or medical device manufacturer, including any 
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employee or agent of such manufacturer, that makes any gift, whether in the form of 
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money, service, loan, travel, entertainrrient, hospitality, thing or promise, or in any other form, 
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to a health care provider shall report the gift to the Secretary of health in the manner set forth in 
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subdivision two of this section. 
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2. Any pharmaceutical manufacturer or medical device manufacturer who makes at least 
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one gift under subdivision one of this section shall, on or before June first, file with the Secretary 
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of Health an annual report, of all gifts made by such manufacturer to such health care 
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provider. 
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3. Such annual report shall contain: 
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(a) the name, address and telephone number of the pharmaceutical manufacturer or 
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medical device manufacturer; 
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(b) an itemized list containing a description of each gift subject to the provisions of 
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subdivision one of this section; 
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(c) the name, address and telephone number of the health care provider who received 
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each gift; 
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(d) the monetary value of each gift; and 
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(e) such other information as is deemed necessary by the Secretary of Health for 
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compliance with this article. 
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SECTION 3. Penalties. 
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1. The Secretary of Health maY,impose a civil penalty for failure to file a timely report as 
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required by this article in an amount up to Fifty Thousand Pesos (PhP 50,000.00) a day until 
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such report is filed. 
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2. Any person who violates any other provision of this article shall be subject to a civil 
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penalty in an amount not to exceed One Million Pesos (PhP 1, 000,000.00) for each violation. 
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SECTION 4. Rules and regulations. The Secretary of Health is authorized to promulgate 
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rules and regulations as deemed necessary to carry out and enforce the provisions of this article. 
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SECTION 5. Repealing Clause. ~ All laws, decrees, orders, rules and regulations or parts 
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thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified 
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accordingly. 
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SECTION 6. Separability Clause. - If, for any reason, any provision of this Act is 
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declared to be unconstitutional or invalid, the other sections or provisions hereof which are not 
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affected thereby shall continue to be in full force and effect. 
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SECTION 7. Effectivity Clausf. - This Act shall take effect after fifteen (15) days 
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following its publication in the Official Gazette or in two (2) newspapers of general circulation. 
Approved, 
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