/ 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Third Regular Session 
SENATE 
2853 
S.No. 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
'15 JUl -6 P 3 :13 
TO ESTABLISH A TASK FORCE AGAINST COUNTERFEIT DRUGS AND TO 
INCREASE AND STRENGTHEN GOVERNMENT EFFORTS AGAINST 
COUNTERFEIT DRUG CRIMES 
EXPLANATORY NOTE 
The Constitution, Article 2, Sections 5 and 15, provide: 
Section 5. The maintenance of peace and order, the protection of 
life, liberty, and property, and the promotion of the general welfare are 
essential for the enjoyment by all the people of the blessings of democracy. 
Section 15. The State shall protect and promote the right to health of 
the people and instill health consciousness among them. 
Article 13, Section 12 further provides: 
Section 12. The State shall establish and maintain an effective food 
and drug regulatory system and undertake appropriate health, manpower 
development, and research, responsive to the country's health needs and 
problems. 
Republic Act No. 8203, otherwise known as the "Special Law on Counterfeit 
Drugs" was enacted to prohibit the manufacture, sale, offering for sale, donation, 
distribution, trafficking, brokering, or importation or possession of counterfeit drugs. 
While the intent of this law is unquestionable, it still lacks teeth in terms of enforcement. 
Despite its clear language, counterfeit drugs run prevalent on the market, and new 
systems have evolved to perpetrate counterfeit drug crimes. 
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In a recent article by the Wall Street Journal \ it was reported that a call center in 
the Philippines that allegedly peddled counterfeit drugs was raided, but produced no 
arrests. The report further states: 
The failure to make arrests was disappointing, said Leigh Wadeson, 
an intelligence analyst for pharmaceuticals giant Pfizer Inc., who flew to 
Manila for the raid. Still, "disruption is what this is all about," he said. 
"Any prosecutions that happen later are a bonus." 
Disruption is not enough. As it stands, our current laws fail to effectively stamp 
out this menace to public health. The growth of electronic commerce, proliferation of 
multi-level marketing corporations and other alternative marketing organizations, and our 
increasing participation in international trade have dramatically expanded the market for 
counterfeit drugs. Our government agencies must be equal to the task. 
This bill seeks to create a task force that will organize government efforts against 
counterfeit drug crimes and ensure that the offenders are served justice. In so doing, we 
will be able to protect our citizens from the false hopes and unimaginable effects brought 
about by counterfeit drugs. 
~~ )~ 
~IRIAM DEFE~S~ANTL~O 
I 
Chu, 
Kathy 
and 
Trefor 
Moss. 
"Call 
Centers: 
New Battle 
Front for Fake Drugs." 
<http://www.wsj.comlarticles/call-centers-new-battle-front-for-fake-drugs-1433 712783> 
2 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Third Regular Session 
SENATE 
S. No. 
2853 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
'15 .JUL-6 P3:13 
TO ESTABLISH A TASK FORCE AGAINST COUNTERFEIT DRUGS AND TO 
INCREASE AND STRENGTHEN GOVERNMENT EFFORTS AGAINST 
COUNTERFEIT DRUG CRIMES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as "Task Force Against 
2 
Counterfeit Drugs Act." 
3 
SECTION 2. Purpose. - The purpose of this Act is to strengthen the efforts of the 
4 
Department of Justice, Food and Drug Administration, and national and local agencies to 
5 
stop the manufacture, sale, offering for sale, donation, distribution, trafficking, brokering, 
6 
or importation or possession of counterfeit drugs pursuant to Republic Act No. 8203, 
7 
otherwise known as the Special Law on Counterfeit Drugs. 
8 
SECTION 3. Special Joint Task Force on Counterfeit Drug Crimes. -
The 
9 
Secretary of Justice shall establish within the Department of Justice a Special Joint Task 
10 
Force on Counterfeit Drug Crimes (referred to in this Act as the "Task Force"), whose 
11 
focus shall be the investigation and prosecution of manufacture, sale, offering for sale, 
12 
donation, distribution, trafficking, brokering, or importation or possession of counterfeit 
13 
drugs pursuant to Republic Act No. 8203 (referred to in this Act as "counterfeit drug 
14 
crimes"). 
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1 
SECTION 4. Membership. - The Task Force shall have the following permanent 
2 
members: 
3 
A. Secretary of Justice, who shall serve as Chair; 
4 
B. Secretary of Health, who shall serve as Vice Chair; 
5 
C. Director ofthe National Bureau ofInvestigation; 
6 
D. Administrator of the Food and Drug Administration; 
7 
E. Commissioner of the Bureau of Customs; and 
8 
F. 
Such other officers as the Secretary of Justice may designate. 
9 
SECTION 5. Operation. - The Secretary of Justice shall: 
10 
A. Convene and direct the work of the Task Force in fulfilling all its 
11 
functions under this Act; 
12 
B. Convene the first meeting of the Task Force not later than ten (10) days 
13 
after the date of enactment of this Act and shall thereafter convene the 
14 
Task Force at such times as he or she deems appropriate, but not less 
15 
than once every three (3) months; 
16 
C. Within one year from the date they first convened, the Task Force shall 
17 
promulgate the implementing rules for this Act. 
18 
SECTION 6. Functions. - The Task Force shall: 
19 
A. Provide direction for the investigation and prosecution of cases of 
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counterfeit drug crimes; 
21 
B. Provide recommendations for allocation and reallocation of resources 
22 
of the Department of Justice for investigation and prosecution of 
23 
counterfeit drug crimes; 
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C. Establish a continuous training program for law enforcers, public 
25 
prosecutors, custom officials and other government officials as may be 
2 


1 
identified by the task force to identity, apprehend and prosecute 
2 
counterfeit drug crime offenders; prevent the importation and 
3 
distribution of counterfeit drugs; and monitor the possible markets for 
4 
counterfeit drugs including online; 
5 
D. Establish a coordinating center for inter-agency efforts against 
6 
counterfeit drug crimes; 
7 
E. Establish a monitoring and intelligence gathering system that would 
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provide immediate information on the manufacture, importation, and 
9 
distribution of counterfeit drug crimes and would cover both online and 
10 
offline activities and transactions; 
11 
F. Ensure that all government efforts against counterfeit drug crimes are 
12 
properly planned, coordinated, and supported; 
13 
G. Make recommendations to the President from time to time for: 
14 
1. action to enhance cooperation among departments, agencies, and 
15 
entities of the government in the investigation and prosecution of 
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counterfeit drug crimes; 
17 
2. action to enhance cooperation among national and local 
18 
authorities responsible for the investigation and prosecution of 
19 
counterfeit drug crimes; and 
20 
H. Make recommendations to the Congress regarding appropriate laws to 
21 
prevent, curb, investigate, and prosecute counterfeit drug crimes. 
22 
SECTION 7. Inter-Agency Coordinating Center. - There shall be established a 
23 
Counterfeit Drug Crimes Inter-Agency Coordinating Center under the Office of the 
24 
Secretary of Justice. The function of the Office shall be the following: 
3 


1 
A. Collect all data related to counterfeit drug crimes and prepare an annual 
2 
report to be submitted to the appropriate committees in the Senate and 
3 
the House of Representatives; 
4 
B. Coordinate and document all government efforts against counterfeit 
5 
drug crimes; and 
6 
C. Provide administrative services and clerical support to the Task Force. 
7 
SECTION 8. Appropriations. 
The 
amount 
necessary 
for 
the 
initial 
8 
implementation of this Act shall be charged against the appropriations of the Department 
9 
of Justice under the current General Appropriations Act. Thereafter, such sum as may be 
10 
necessary for its full implementation shall be included in the annual General 
11 
Appropriations Act as a distinct and separate item. 
12 
SECTION 9. Separability Clause. - If any provision of this Act is held invalid or 
13 
unconstitutional, the same shall not affect the validity and effectivity of the other 
14 
provisions hereof. 
15 
SECTION 10. Repealing Clause. - All laws, decrees, orders, and issuances, or 
16 
portions thereof, which are inconsistent with the provisions of this Act, are hereby 
17 
repealed, amended or modified accordingly. 
18 
SECTION 11. Effectivity Clause. - This Act shall take effect fifteen (15) days 
19 
after its publication in the Official Gazette or in two (2) newspapers of general 
20 
circulation. 
Approved, 
lapm&am125June2015 
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