THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
1 
S.B. * 
NO. 890 
~~~ 
Introduced by Senator JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Right to health is a fundamental human right. Thus, Article II, Section 15 of the 
I987 Constitution declares: 'I The State shall protect and promote the right to health of 
the people and instill health consciousness among them." Corollary to this provision, 
Article XIII, Section I 1  of the Constitution provides: 'I The State shall adopt an integrated 
and comprehensive approach to health development which shall endeavor to make 
essential goods, health and other social sources available to all the people at affordable 
cost." Thus, the enactment of R.A. No. 6675, otherwise known as the "Generics Act of 
1988", provided the framework for ensuring adequate supply of drugs at the lowest of 
generic name by all government health agencies in purchasing, prescribing, dispensing 
and administering of drugs and medicines. Moreover, the law requires companies 
involve in the manufacture, importation, re- packing and distribution of drugs and 
medicines to indicate prominently the generic name of the product. Drug outlets must 
likewise inform any. buyer about any and all other drug products having the same 
generic name, with their corresponding prices. Consequently, consumers have the right 
to choose an equivalent, but more affordable drug. 
While the law provides administrative and penal sanctions, there are reports, 
however, that most doctors as well as drug companies constantly violate it by 
prescribing brand name medicines because of the incentives that go with them. They 
are offered cash and other valuable consideration in exchange for prescribing the 
medicines sold by the pharmaceutical companies. Drugstores and other drug 
establishment reportedly fail to inform buyers of drugs having the same generic names, 
with their corresponding prices. Thus, the Generic law's noble purpose of providing 
Filipino consumers affordable, accessible, safe and efficacious drugs appears to be 
eroded. 
In order to curb or minimize these practices, this bill seeks to provide stiffer 
penalties for any violation of the Generic Act. 
To properly monitor and supervise the strict implementation of this Act, this bill 
proposes the creation of the "Generic Board". The Board shall, among others, 
investigate any violation of this Act and recommend prosecution in court, and 
promulgate rules and regulations as may be deemed necessary to carry out the 
provisions of this Act. To guarantee its implementation, the proposed bill requires the 
Board to submit annual report to the President and to Congress. 
R 
d. 


In view of the foregoing, early passage of this bill is earnestly sought. 
EJERCITO ESTRADA 
Senator 


‘04 ,jl ?d 30 i ?Q :d A 
THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE. PHILIPPINES 
1 
First Regular Session 
1 
S.B. SENA650 
NO. 
Introduced by Senator JINGGOY EJEdClTO ESTRADA 
AN ACT 
FURTHER ENSURING THE USE OF THE GENERIC NAMES IN THE 
MANUFACTURE, PRESCRIPTION AND DISTRIBUTION OF DRUGS AND 
MEDICINES AMENDING FOR THE PURPOSE CERTAIN SECTIONS OF REPUBLIC 
ACT NUMBERED 6675, OTHERWISE KNOWN AS THE “GENERIC ACT OF 1988”, 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of representatives of the Philippines in 
Congress assembled: 
SECTION I. Section 9 of Republic Act No. 6675, otherwise khown as the 
“Generic Act of 1988,” is hereby to read as follows: 
Sec. 
9. 
[Rules 
and 
Regulation] lMPLEMENTATlON. - The 
implementation of the provisions of this Act shall be in accordance with the rules ’and 
regulations to be promulgated by the Department of Health. Rules and regulations with 
penal sanctions shall be promulgated within one hundred eighty (180) days after 
approval of this Act, and shall take effect fifteen (15) days after publication in the Official 
Gazette or in two (2) newspapers of general circulation. TO REVIEW, MONITOR AND 
SUPERVISE THE IMPLEMENTATION OF THIS ACT, THERE IS HEREBY CREATED 
A “GENERICS DRUG BOARD”, HEREINAFTER REFERRED TO AS THE BOARD, 
WHICH SHALL B COMPOSED OF THE FOLLOWING: 
(B) A REPRESENTATIVE FROM THE MEDICAL PRACTITIONERS ASSOCIATION, 
(C) A REPRESENTATIVE FROM THE CONSUMER SECTOR, AS MEMBER 
(D) A REPRESENTATIVE FROM THE DRUG MANUFACTURERS, AS MEMBER; 
(E) A REPRESENTATIVE FROM DRUG DISTRIBUTORS, AS MEMBER, PROVIDED, 
THAT MEMBERS APPOINTED TO THE BOARD SHALL BE OF RECOGNIZED 
STANDING IN THEIR RESPECTIVE FIELD OR GROUP AND MUST POSSESS 
GOOD MORAL CHARACTER.” 
(A) THE SECRETARY OF HEALTH, AS EX- OFFICIO CHAIRMAN; 
ASMEMBER; 
. 
SECTION 2. Section 10 of the same Act is hereby renumbered to Section 11 
and the new provisions of Section 10 shall read as follows: 
SECTION IO. APPOINTMENT, POWERS AND DUTI€S. - THE 
MEMBERS OF THE BOARD SHALL BE APPOINTED BY THE SECRETARY OF 
HEALTH FROM A LIST OF NOMINEES TO BE SUBMITTED BY MEDICAL 
PRACTITIONERS, 
CONSUMERS, 
DRUG 
MANUFACTURERS 
AND 
DRUG 
DISTRIBUTORS. 


THE MEMBERS OF THE BOARD SHALL HOLD OFFICE FOR A TERM OF 
TWO (2) YEARS. PROVIDED, THAT THE MEMBERS OF THE BOARD FIRST 
APPOINTED SHALL HOLD OFFICE FOR THE FOLLOWING TERMS: TWO (2) 
MEMBERS FOR NVO (2) YEARS AND THE OTHER TWO (2) MEMBERS FOR ONE 
(I) YEAR.” 
THE BOARD SHALL HAVE THE FOLLOWING POWERS AND DUTIES: 
A) INVESTIGATE ‘ANY VIOLATIONS 
OF 
THE 
ACT 
AND 
RECOMMEND 
PROSECUTION TO THE PROPER AGENCIES; 
B) RECOMMEND SUSPENSION OR REVOCATION OF LICENSES OF MEDICAL 
PRACTITIONERS AFTER PROPER INVESTIGATION FOR VIOLATION OF THIS 
ACT; 
C) RECOMMEND SUSPENSION OR REVOCATION OF LICENSE TO OPERATE 
ISSUED TO DRUG ESTABLISHMENTS OR 
DRUG OUTLETS AFTER 
I NVESTl GAT1 ON. 
D) PERIODICALLY RECOMMEND TO CONGRESS MEASURES UPDATING THE 
LAW TO CONFORM WITH THE PREVAILING SITUATION; AND 
E) PROMULGATE RULES AND REGULATIONS AS MAY BE DEEMED NECESSARY 
TO CARRY OUT THE PROVISIONS OF THIS ACT; 
SECTION 3. The suhequent Sections shall be renumbered accordingly. 
SECTION 4. Section 12, now renumbered as Section 13, of the same Act is 
hereby to read as follows: 
“Sec [912)] 13. Penalty. - 
A) Any person who shall violate Sec. 6 (a) or 6 (b) of R.A. No. 6675 shall suffer the 
penalty graduated hereunder, viz: 
(a) For the first conviction, he shall suffer the Penalty of reprimand, which shall be 
officially recorded in the appropriate books of the Professional Regulatory 
Commission. 
(b) For the second conviction, the penalty of fine in the amount of not less than [Two 
Thousand pesos (P2, 000.00) TEN THOUSAND PESOS (P 10,000.00 but not 
exceeding [Five Thousand Pesos (P5, 000.00) TWENTY THOUSAND PESOS 
(20,000.00) at the discretion of the court. 
(c) For the third conviction, the penalty of fine in the amount of not less than [Five 
Thousand Pesos (P5, 000.00) TWENTY THOUSAND PESOS (P 20,000.00) but 
not exceeding [Ten thousand Pesos (PIO, OOO.OO), FIFTY THOUSAND PESOS 
(P50, 000.00) and suspension of his license to practice his profession for [thirty 
(30) days] SIXTY DAYS at the discretion of the court. 
(d) For the fourth and subsequent convictions, the penalty of fine of not less than 
[Ten Thousand Pesos (PIO, OOO.OO)] FIFTY THOUSAND PESOS (P50, 000.00) 
and suspension of his license to practice his profession for [One (I)] TWO 
YEARS at the discretion of he court. 
B) Any judicial person who violates Section 6 [c], 6(d), 7 and 8 shall suffer the penalty 
of a fine not less than [Five Thousand Pesos (P5, OOO.OO)] TWENTY THOUSAND 
PESOS (P20, 000.00) not more than [ten Thousand Pesos (PIO, 000.00) FIFTY 
THOUSAND PESOS (P50, 000.00) and suspension or revocation of license to 
operate such drug establishment or drug outlet at the discretion of the court. 
Provided, that its officers directly responsible for the violation shall suffer the penalty 
of fine and suspension or revocation of license to practice the profession, if 
applicable, and by imprisonment of not less than [six (6) months nor more than] ONE 
YEAR or both fine a imprisonment at the discretion of the court: and Provided, 
further, That if the guilty party is an alien, he shall ipso facto be deported after 
service of sentence without need of further proceedings. 


The Secretary of health shall have the authority to impose administrative sanctions 
such as suspension or cancellation of license to practice the profession to the 
Profession Regulatory Commission as the case maybe for the violation of this. 
SECTION 5. Annual Report The Board shall submit to the Office of the 
President and to Congress an annual report detailing its activities towards the 
implementation of this Act. 
SECTION 6. Separability Clause. If any part of this Act is declared invalid, the 
remainder or any provision hereof not affected thereby shall remain in full force and 
effect. 
SECTION 7. Repealing Clause. The provisions of any law, executive order, 
presidential decree or other issuance’s inconsistent with this Act are hereby repealed or 
modified accordingly. 
SECTION 8. €Hectivity. This Act shall take effect fifteen (15) days after its 
approval. 
Approved,