FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
SENATE 
S.B. No. _...",5'-----
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
On June 06, 2008, Republic Act No. 9502, otherwise known as " An Act Providing 
for Cheaper and Quality Medicines, Amending for the Purpose Republic Act No. 8293 
or the Intellectual Property Code, Republic Act No. 6675 or the Generics Act of 1988, 
and Republic Act No. 5921 or the Pharmacy Law, and for Other Purposes" was enacted 
into law. The law was purportedly passed to mitigate the suffering of the impoverished 
Filipinos who had to constantly deal with the ever increasing prices of basic 
commodities, among which are quality affordable medicines. 
Unfortunately, there are serious concerns from the Filipino people that the law 
has failed to meet their expectations. Prices of medicines have not been effectively 
reduced. People from the lower bracket of society still cannot afford the prices of 
essential drugs despite the passage of RA. 9502. Rather than reducing the prices of over 
one thousand five hundred (1,500) drug formulations, the law resulted in price 
reductions to merely twenty-two (22) drug formulations. 
The law thus failed to serve the interests of the common man, the impoverished 
who continue to suffer and who should be the primary beneficiaries of a genuine 
Cheaper Medicine Law. 
In view of the foregoing considerations, approval of this bill is earnestly sought. 
=::::::::======~:;g~~=====~ 
LOREN LEGARDA 
Senator 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B~ No: 
5 
;1 
, _ 
fJH;C!;' ~" 
I't '·,[W 
10 
JUL -i AS :35 
Introduced by Senator Loren Legarda 
AN ACT 
AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 9502 
OTHERWISE 
KNOWN 
AS 
THE 
"UNIVERSALLY 
ACCESSIBLE 
CHEAPER AND QUALITY MEDICINES ACT OF 2008" AND FOR 
OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. Section 4 of Republic Act No. 9502 is hereby amended to read as 
2 
follows: 
3 
4 
"SEC. 4. Definition of Terms. - For purposes of this Act, the following 
5 
terms are to mean as follows: 
6 
7 
(a) "BOARD" REFERS TO THE DRUG PRICE REGULATION 
8 
BOARD. 
9 
10 
(b) [ a] "Compulsory License" is a license issued by the Director 
11 
General and the Director of Legal Affairs of the Intellectual Property 
12 
Office to exploit a patented invention without the permission of the 
13 
patent holder, either by manufacture or through parallel importation. 
14 
15 
(c) [b] "Drug outlet" refers to drugstores, pharmacies, and any other 
16 
business establishments, which sell drugs or medicines. 
17 
18 
(d) 
"DOHA DECLARATION" REFERS TO THE NOVEMBER 
19 
2001 DOHA DECLARATION ON THE AGREEMENT ON TRADE 
20 
RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS 
1 


1 
(TRIPS AGREEMENT) ADOPTED BY THE WORLD TRADE 
2 
ORGANIZATION (WTO) MINISTERIAL CONFERENCE OF 2001 
3 
IN DOHA, QATAR THAT REAFFIRMED THAT THE TRIPS 
4 
AGREEMENT "CAN AND SHOULD BE INTERPRETED AND 
5 
IMPLEMENTED IN A MANNER SUPPORTIVE OF THE WTO 
6 
MEMBERS' RIGHT TO PROTECT PUBLIC HEALTH AND, IN 
7 
PARTICULAR, TO PROMOTE ACCESS TO MEDICINES FOR 
8 
ALL" AND REAFFIRMS THAT THE AGREEMENT PROVIDES 
9 
FLEXIBILITY FOR THIS PURPOSE, INCLUDING IDENTIFYING 
10 
WAYS BY WHICH COUNTRIES WITH INSUFFICIENT OR NO 
11 
PHARMACEUTICAL MANUFACTURING CAPACITIES COULD 
12 
MAKE EFFECTIVE USE OF COMPULSORY LICENSING UNDER 
13 
THE TRIPS AGREEMENT. 
14 
15 
(e) [cl "Drugs and medicines" refers to any chemical compound or 
16 
biological substance, other than food, intended for use in thE' 
17 
treatment, prevention or diagnosis of disease in humans or animals, 
18 
including but not limited to: 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
(1) any 
article 
recognized 
In 
the 
official 
United 
States 
Pharmacopoeia-National 
Formulary 
(USP-NF), 
official 
Homeopathic Pharmacopoeia of the United States, Philippine 
Pharmacopoeia, Philippine National Drug Formulary, British 
Pharmacopoeia, 
European 
Pharmacopoeia, 
Japanese 
Pharmacopoeia, Indian Pharmacopoeia, any national compendium 
or any supplement to any of them; 
(2) any article intended for use in the diagnosis, cure, mitigation, 
treatment, or prevention of disease in humans or animals; 
(3) any article other than food intended to affect the structure or 
any function of the human body or animals; 
(4) any article intended for use as a component of any articles 
specified in clauses (1), (2), and (3) not including devices or their 
components, parts, or accessories; and 
2 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
(5) herbal and/ or traditional drugs which are articles of plant or 
animal origin used in folk medicine which are: 
(i) 
recognized in the Philippine National Drug Formulary; 
(ii) intended for use in the treatment or cure or mitigation of 
disease symptoms, injury or body defects in humans; 
(iii) other than food, intended to affect the structure or any 
function of the human body; 
(iv) in finished or ready-to-use dosage form; and 
(v) intended for use as a component of any of the articles specified 
in clauses (i), (ii), (iii), and (iv). 
17 
(f) [d] "Essential drugs list or national drug formulary" refers to a list 
18 
of drugs prepared and periodically updated by the Department of 
19 
Health on the basis of health conditions obtaining in the Philippines as 
20 
well as on internationally accepted criteria. 
21 
22 
(g) [eJ "Importer" refers to any establishment that imports raw 
23 
materials, active ingredients and finished products for its own use or 
24 
for distribution to other drug establishments or outlets. 
25 
26 
(h) [f] "Manufacture" includes any process or part of a process for 
27 
making, altering, finishing, packing, labeling, breaking or otherwise 
28 
treating or adapting any drug with a view to its sale and distribution, 
29 
but does not include the compounding or dispensing of any drug in 
30 
the ordinary course of retail business. 
31 
32 
(i) [g] "Manufacturer" refers to any establishment engaged in the 
33 
operations involved in the production of a drug with the end view of 
34 
storage, distribution, or sale of the product. 
35 
3 


1 
(j) [h] "Multisource 
pharmaceutical 
products" 
refers 
to 
2 
pharmaceutically equivalent or pharmaceutically alternative products 
3 
that mayor may not be therapeutically equivalent. Multisource 
4 
pharmaceutical products that are therapeutically equivalent are 
5 
interchangeable; 
6 
7 
(k) "PARALLEL IMPORTS" REFERS TO PRODUCTS IMPORTED 
8 
INTO A COUNTRY WITHOUT THE AUTHORIZATION OF THE 
9 
RIGHT HOLDER IN THAT COUNTRY, WHICH HAVE BEEN PUT 
10 
ON THE MARKET IN ANOTHER COUNTRY BY THAT PERSON 
11 
OR WITH HIS CONSENT OR BY ANY PARTY AUTHORIZED TO 
12 
USE THE PATENTED PRODUCT. 
13 
14 
(1) [i] "Retailer" refers to a licensed establishment carrying on the 
15 
retail business of sale of drugs or medicines to customers. 
16 
17 
(m) [j] "Trader" refers to any licensed establishment, which is a 
18 
registered owner of a drug product that procures the materials and 
19 
packaging components, and provides the production monographs, 
20 
quality control standards and procedures, but subcontracts the 
21 
manufacture of such products to a licensed manufacturer. 
22 
23 
(n) [k] "TRIPS Agreement" or Agreement on Trade-Related Aspects of 
24 
Intellectual Property Rights refers to the international agreement 
25 
administered by the WTO that sets down minimum standards for 
26 
many forms of intellectual property regulation. 
27 
28 
(0) [l)"WholesaIer" refers to a licensed establishment or drug outlet 
29 
who acts as merchant, broker or agent, who sells or distributes for 
30 
resale or wholesale drugs or medicines." 
31 
32 
SECTION 2. Section 6 of Republic Act No. 9502 is hereby repealed. 
33 
34 
SECTION 3. Section 7 of Republic Act No. 9502 is hereby renumbered as Sec. 
35 
6, and the succeeding sections are renumbered accordingly. 
36 
4 


1 
SECTION 4. Section 9 of Republic Act No. 9502 is hereby amended to read as 
2 
follows: 
3 
4 
"SEC. 9. Section 76.1 of Republic Act No. 8293, otherwise known as the 
5 
Intellectual Property Code of the Philippines, is hereby amended to 
6 
read as follows: 
7 
8 
'SEC. 76. Civil Action for Infringement. - 76.1. The making, using, 
9 
offering for sale, selling, or importing a patented product or a 
10 
product obtained directly or indirectly from a patented process, or 
11 
the use of a patented process without the authorization of the 
12 
patentee constitutes patent infringement: Provided, That, this shall 
13 
not apply to instances covered by Section 72.1 and 72.4 (Limitations 
14 
of Patent Rights); SUBSECTIONS C, D, AND E OF Section 74 (Use 
15 
of Invention by Government); Section 93.6 (Compulsory Licensing).: 
16 
and Section 93-A (IMPLEMENTATION OF PARAGRAPH 6 OF 
17 
THE DOHA DECLARATION) of this Code." 
18 
19 
SECTION 5. Section 11 of Republic Act No. 9502 is hereby amended to read 
20 
as follows: 
21 
22 
"SEC. 11. A new Section 93-A is hereby inserted after Section 93 of 
23 
Republic Act No. 8293, otherwise known as the Intellectual Property 
24 
Code of the Philippines, to read as follows: 
25 
26 
'Sec. 93-A. [Procedures on Issuance of a Special Compulsory 
27 
License under the TRIPS Agreement.] IMPLEMENTATION OF 
28 
PARAGRAPH 6 OF THE DOHA DECLARATION ON THE 
29 
30 
31 
32 
33 
34 
35 
36 
TRIPS 
AGREEMENT 
AND 
PUBLIC 
HEALTH 
WHICH 
RECOGNIZES THAT WORLD TRADE ORGANIZATION 
(WTO) 
MEMBERS 
WITH 
INSUFFICIENT 
OR 
NO 
MANUFACTURING 
CAPACITIES 
IN 
THE 
PHARMACEUTICAL SECTOR COULD FACE DIFFICULTIES 
AND 
MAKING 
EFFECTIVE 
USE 
OF 
COMPULSORY 
LICENSING UNDER THE TRIPS AGREEMENT AND THE 30 
AUGUST 2003 DECISION OF THE WTO GENERAL COUNCIL 
5 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
WHICH IMPLEMENTS PARAGRAPH 6 OF THE DOHA 
DECLARATION. - 93-A.l. The Director General of the Intellectual 
Property Office, upon the written recommendation of the Secretary 
of Health, shall, upon filing of a petition, grant a compulsory 
license for the importation of patented drugs and medicines n 
PURSUANT TO THE IMPLEMENTATION OF PARAGRAPH 6 
OF THE DOHA DECLARATION ON THE TRIPS AGREEMENT 
AND PUBLIC HEALTH AND THE 30 AUGUST 2003 DECISION 
OF THE WORLD TRADE ORGANIZATION (WTO) GENERAL 
COUNCIL. [The special compulsory license for the importation 
contemplated under this provision shall be an additional special 
alternative procedure to ensure access to quality affordable 
medicines and shall be primarily for domestic consumption: 
Provided, That adequate remuneration shall be paid to the patent 
owner either by the exporting or importing country. The 
compulsory license shall also contain a provision directing the 
grantee the license to exercise reasonable measures to prevent the 
re-exportation of the products imported under this provision.] 
'The grant of a compulsory license shall be an exception to Sections 
100.4 and 100.6 of Republic Act No. 8293 and shall be immediately 
executory. 
'No court, except the Supreme Court of the Philippines shall issue 
any temporary restraining order or preliminary injunction or such 
other provisional remedies that will prevent the grant of the special 
compulsory license. 
"93-A.2. A compulsory license shall also be available for the 
manufacture and export of drugs or medicines to any country 
having insufficient or no manufacturing capacity in the 
pharmaceutical sector to address public health problems: Provided, 
That, compulsory license has been granted by such country or such 
country has, by notification or otherwise, allowed importation of 
the patented drugs and medicines from the Philippines in 
compliance with the TRIPS Agreement." 
6 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
"93-A.3. [The right to grant a special compulsory license under this 
section shall not limit or prejudice the rights, obligations and 
flexibilities provided under the TRIPS Agreement and under 
Philippine laws, particularly Section 72.1 and Section 74 of the 
Intellectual Property Code, as amended under this Act. It is also 
without prejudice to the extent to which drugs and medicines 
produced under a compulsory license can be exported as allowed 
in 
the 
TRIPS 
Agreement 
and 
applicable 
laws.] 
THE 
INTELLECTUAL PROPERTY OFFICE SHALL PROMULGATE 
THE RULES AND REGULATIONS FOR THE EFFECTIVE 
IMPLEMENTATION OF THIS SECTION, TAKING INTO 
ACCOUNT THE GUIDELINES FOR THE IMPLEMENTATION 
OF PARAGRAPH 6 OF THE DOHA DECLARATION ON THE 
TRIPS AGREEMENT AND PUBLIC HEALTH AND THE 30 
AUGUST 
2003 
DECISION 
OF THE 
TRIPS 
GENERAL 
COUNCIL." 
19 
SECTION 6. Section 15 of Republic Act No. 9502 is hereby repealed. 
20 
21 
SECTION 7. Section 16 of Republic Act No is hereby renumbered as Sec. 15, 
22 
and amended to read as follows: 
23 
24 
"SEC. 15 [16]. [Implementing] Rules and Regulations [on Amendments to 
25 
Republic Act No. 8293, otherwise known as the Intellectual Property Code of 
26 
the Philippines]. - [Unless otherwise provided herein,] T[he] Intellectual 
27 
Property Office of the Philippines [in coordination with the Department of 
28 
Health and the Bureau of Food and Drugs,] shall issue and promulgate, 
29 
within one hundred twenty (120) days after the enactment of this Act, the 
30 
implementing rules and regulations to effectively implement the provisions 
31 
of this Act that relate to Republic Act No. 8293, otherwise known as the 
32 
Intellectual Property Code of the Philippines." 
33 
34 
SECTION 8. Chapter 3 of Republic Act No. 9502 is hereby amended to read 
35 
as "CREATION AND POWERS OF THE DRUG PRICE REGULATION BOARD." 
7 


1 
SECTION 9. Section 17 of Republic Act No. 9502 is hereby repealed. 
2 
3 
SECTION 10. Section 18 of Republic Act No. 9502 is hereby renumbered as 
4 
Sec. 16, and amended to read as follows: 
5 
6 
"SEC. 16 [18]. CREATION AND COMPOSITION OF THE DRUG 
7 
PRICE REGULATION BOARD. - (A) THERE IS HEREBY CREATED 
8 
THE DRUG PRICE REGULATION BOARD, WHICH SHALL BE 
9 
ATTACHED TO THE DEPARTMENT OF HEALTH, AND 
10 
COMPOSED OF SEVEN (7) MEMBERS AS FOLLOWS: 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
(1) SECRETARY OF HEALTH OR HIS DULY DESIGNATED 
REPRESENTATIVE WHO SHALL HAVE THE RANK OF AN 
UNDERSECRETARY AS CHAIRPERSON; 
(2) SECRETARY OF TRADE AND INDUSTRY OR HIS DULY 
DESIGNATED UNDERSECRETARY AS VICE-CHAIRPERSON; 
(3) DIRECTOR, BUREAU OF FOOD AND DRUGS 
AS 
MEMBER; 
(4) PRESIDENT, 
PHILIPPINE 
HEALTH 
INSURANCE 
CORPORATION AS MEMBER; 
(5) ONE (1) FACULTY FROM THE HEALTH SCIENCES 
SCHOOL AS MEMBER; AND 
(6) TWO (2) REPRESENTATIVES FROM THE CONSUMERS' 
SECTOR AS MEMBERS. 
31 
(B) THE MEMBERS OF THE BOARD REPRESENTING THE 
32 
ACADEME AND THE CONSUMERS' SECTOR SHALL BE 
33 
APPOINTED BY THE PRESIDENT OF THE PHILIPPINES UPON 
34 
THE RECOMMENDATION OF THE SECRETARY OF HEALTH 
35 
AND SHALL SERVE FOR A TERM OF TWO (2) YEARS: 
36 
PROVIDED, 
THAT, THE 
REPRESENTATIVES 
FROM THE 
8 


1 
CONSUMERS' SECTOR SHALL NOT SERVE FOR MORE THAN 
2 
TWO (2) TERMS. 
3 
4 
(C) THE BOARD SHALL BE CONSTITUTED WITHIN THIRTY (30) 
5 
DAYS AFTER THE EFFECTIVITY OF THIS ACT AND SHALL BE 
6 
ASSISTED 
BY 
A 
SECRETARIAT 
FROM 
THE 
EXISTING 
7 
ORGANIZATIONAL STRUCTURE OF THE DEPARTMENT OF 
8 
HEALTH (DOH). THE SECRETARIAT SHALL BE HEADED BY AN 
9 
EXECUTIVE 
DIRECTOR 
FROM 
AMONG 
THE 
10 
UNDERSECRETARIES OR ASSISTANT SECRETARIES OF THE 
11 
DOH SERVING IN AN EX OFFICIO CAPACITY. 
12 
13 
IN 
THE 
IMPLEMENTATION 
OF 
THIS 
ACT, 
THE 
14 
ORGANIZATIONAL 
STRUCTURE 
PROVIDED 
UNDER 
15 
REPUBLIC ACT NO. 7581, OTHERWISE KNOWN AS THE PRICE 
16 
ACT, SHALL BE UTILIZED." 
17 
18 
SECTION 11. Section 19 of Republic Act No. 9502 is hereby renumbered as 
19 
Sec. 17, and amended to read as follows: 
20 
21 
"SEC. 17 [19]. POWERS OF THE BOARD. - THE BOARD SHALL 
22 
HAVE THE FOLLOWING POWERS: 
23 
24 
(A) POWER TO DETERMINE THE MAXIMUM RET AIL PRICE OF 
25 
DRUGS OR MEDICINES SUBJECT TO PRICE REGULATION - (1) 
26 
UPON APPLICATION OR MOTU PROPRIO WHEN THE PUBLIC 
27 
INTEREST SO REQUIRES, THE BOARD SHALL HAVE THE 
28 
POWER TO REGULATE THE RETAIL PRICE OF DRUGS OR 
29 
MEDICINES LISTED UNDER SECTION 20 HEREOF, AND, IN 
30 
ORDER THAT THEY SHALL BE MADE WIDELY AVAILABLE TO 
31 
THE PUBLIC AT AFFORDABLE RETAIL PRICE FROM THE 
32 
DIFFERENT 
MANUFACTURERS, 
IMPORTERS, 
TRADERS, 
33 
DISTRIBUTORS, WHOLESALERS, OR RETAILERS AND AFTER 
34 
A PROPER DETERMINATION AS THE BOARD MAY DEEM FIT, 
35 
FIX FROM TIME TO TIME, BY PUBLICATION THE MAXIMUM 
9 


1 
RETAIL PRICE AT WHICH SUCH DRUGS OR MEDICINES 
2 
SHALL BE SOLD. 
3 
4 
(2) IN DETERMINING THE MAXIMUM RETAIL PRICE, THE 
5 
BOARD SHALL CONSIDER THE FOLLOWING FACTORS: 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
(A) 
RETAIL PRICES OF THE SAME OR SIMILAR 
DRUGS AND MEDICINES IN OTHER COUNTRIES; 
(B) 
THE SUPPLY AVAILABLE IN THE MARKET; 
(C) 
THE COST TO THE MANUFACTURER, IMPORTER, 
TRADER, DISTRIBUTOR, WHOLESALER OR RETAILER OF 
THE FOLLOWING BUT NOT LIMITED TO: 
(I) THE EXCHANGE RATE OF THE PESO TO THE 
FOREIGN CURRENCY WITH WHICH THE DRUG OR 
MEDICINE OR ANY COMPONENT, INGREDIENT OR 
RAW MATERIAL THEREOF WAS PAID FOR; 
(II) ANY CHANGE IN THE AMORTIZATION COST OF 
MACHINERY BROUGHT ABOUT BY ANY CHANGE IN 
THE EXCHANGE RATE OF THE PESO TO THE FOREIGN 
CURRENCY WITH WHICH THE MACHINERY WAS 
BOUGHT THROUGH CREDIT FACILITIES; 
(III) 
ANY CHANGE IN THE COST OF LABOR 
BROUGHT ABOUT BY A CHANGE IN THE MINIMUM 
WAGE; OR 
(IV) ANY CHANGE IN THE COST OF TRANSPORTING 
OR DISTRIBUTING THE DRUGS OR MEDICINES TO THE 
AREA OF DESTINATION. 
10 


1 
2 
3 
4 
(D) SUCH OTHER FACTORS OR CONDITIONS, WHICH 
WILL AID IN ARRIVING AT A JUST AND REASONABLE 
MAXIMUM PRICE. 
5 
(3) NO RETAILER SHALL SELL DRUGS OR MEDICINES AT A 
6 
RETAIL PRICE EXCEEDING THE MAXIMUM RETAIL PRICE 
7 
FIXED BY THE BOARD: PROVIDED, THAT, UNTIL THE 
8 
MAXIMUM RETAIL PRICE OF DRUGS OR MEDICINES SUBJECT 
9 
TO PRICE REGULATION IS FIXED BY THE BOARD, NO 
10 
MANUFACTURER, 
IMPORTER, 
TRADER, 
DISTRIBUTOR, 
11 
WHOLESALER, OR RETAILER OF SUCH DRUG OR MEDICINE 
12 
SHALL SELL THE SAME AT A RETAIL PRICE EXCEEDING THE 
13 
PRICE PREVAILING IMMEDIATELY BEFORE THE EFFECTIVITY 
14 
OF THIS ACT: PROVIDED, FURTHER, THAT, IMMEDIATELY 
15 
AFTER 
THE 
DRUG 
PRICE 
REGULATION 
BOARD 
IS 
16 
CONSTITUTED, THE BOARD SHALL UNDERTAKE A STUDY 
17 
ON THE PREVAILING PRICES OF DRUGS OR MEDICINES 
18 
SUBJECT TO PRICE REGULATION AND IMMEDIATELY AFTER 
19 
THE EFFECTIVITY OF ITS POWERS, PROVIDE AN INITIAL LIST 
20 
OF DRUGS OR MEDICINES WHOSE NEW MAXIMUM RETAIL 
21 
PRICES SHALL BE FIXED BY THE BOARD. 
22 
23 
(B) 
POWER TO INCLUDE OTHER DRUGS OR MEDICINES IN 
24 
THE 
LIST 
SUBJECT TO 
PRICE 
REGULATION 
-
UPON 
25 
APPLICATION OR MOTU PROPRIO WHEN THE PUBLIC 
26 
INTEREST 
SO 
REQUIRES 
AND 
AFTER 
PROPER 
27 
DETERMINATION, THE BOARD MAY ORDER THE INCLUSION 
28 
OF DRUGS OR MEDICINES TO THE LIST SUBJECT TO PRICE 
29 
REGULATION UNDER SECTION 19 HEREOF. 
30 
31 
(C) 
POWER TO IMPLEMENT COST-CONTAINMENT AND 
32 
OTHER MEASURES -
(1) THE BOARD SHALL HAVE THE 
33 
POWER TO DETERMINE THE FAIR PRICE OF DRUGS OR 
34 
MEDICINES FOR PURPOSES OF PUBLIC HEALTH INSURANCE 
35 
AND GOVERNMENT PROCUREMENT; AND 
36 
11 


1 
(2) THE BOARD SHALL HAVE THE POWER TO IMPLEMENT 
2 
ANY OTHER MEASURES THAT THE GOVERNMENT MAY 
3 
AVAIL OF TO EFFECTIVELY REDUCE THE COST OF DRUGS OR 
4 
MEDICINES THAT SHALL INCLUDE, BUT NOT BE LIMITED TO, 
5 
COMPETITIVE BIDDING, PRICE-VOLUME NEGOTIATIONS, 
6 
AND OTHER APPROPRIATE MECHANISMS THAT INFLUENCE 
7 
SUPPLY, DEMAND, AND EXPENDITURES ON DRUGS OR 
8 
MEDICINES. 
9 
10 
(D) 
POWER TO IMPOSE ADMINISTRATIVE FINES AND 
11. 
PENALTIES - AFTER DUE NOTICE AND HEARING, THE BOARD 
12 
SHALL HAVE THE POWER TO IMPOSE ADMINISTRATIVE 
13 
FINES AGAINST ANY PERSON, MANUFACTURER, IMPORTER, 
14 
TRADER, DISTRIBUTOR, WHOLESALER, RETAILER OR ANY 
15 
OTHER ENTITY, IN SUCH AMOUNT AS IT MAY DEEM 
16 
REASONABLE, WHICH SHALL IN NO CASE BE LESS THAN 
17 
FIFTY THOUSAND PESOS (P50,OOO.OO) NOR MORE THAN FIVE 
18 
MILLION PESOS (P5,OOO,OOO.OO) FOR VIOLATIONS OF THE 
19 
MAXIMUM RETAIL PRICE FIXED 
PURSUANT TO THIS 
20 
SECTION. 
21 
22 
(E) POWER TO DEPUTIZE GOVERNMENT ENTITIES - THE 
23 
BOARD SHALL HAVE THE POWER TO CALL UPON AND 
24 
DEPUTIZE ANY OFFICIAL, AGENT, EMPLOYEE, AGENCY, OR 
25 
INSTRUMENTALITY 
OF 
THE 
NATIONAL 
OR 
LOCAL 
26 
GOVERNMENT FOR ANY ASSISTANCE THAT IT MAY DEEM 
27 
NECESSARY TO CARRY OUT THE PURPOSES OF THIS ACT. 
28 
29 
(F) OTHER POWERS NECESSARY TO IMPLEMENT PROVISIONS 
30 
OF THIS ACT - THE BOARD SHALL EXERCISE SUCH POWERS 
31 
AND FUNCTIONS AS MAY BE NECESSARY TO IMPLEMENT 
32 
AND ENFORCE THE PROVISIONS OF THIS CHAPTER OF THE 
33 
ACT SUCH AS, BUT NOT LIMITED TO, THE POWER TO ISSUE 
34 
SUBPOENA 
DUCES 
TECUM 
AND 
SUBPOENA 
AD 
35 
TESTIFICANDUM, AND TO REQUIRE THE PRODUCTION AND 
36 
SUBMISSION 
OF 
RECORDS, 
DOCUMENTS, 
BOOKS 
OF 
12 


1 
ACCOUNT, BILLS OF LADING, INPUT DOCUMENTS, RECORDS 
2 
OF PURCHASE AND SALE, FINANCIAL STATEMENTS, AND 
3 
SUCH OTHER DOCUMENTS, INFORMATION AND PAPERS AS 
4 
MAY BE NECESSARY TO ENABLE THE BOARD TO CARRY OUT 
5 
ITS FUNCTIONS, DUTIES AND RESPONSIBILITIES." 
6 
7 
SECTION 12. Section 20 of Republic Act No. 9520 is hereby renumbered as 
8 
Sec. 18, and amended to read as follows: 
9 
10 
"SEC. 18 [20]. BOARD Procedures [for Inquiries, Studies, Hearings, 
11 
Investigations, and Proceedings]. -
All inquiries, studies, hearings, 
12 
investigations and proceedings conducted by the [Secretary of the 
13 
Department of Health] BOARD shall be governed by rules adopted by 
14 
[him/her] THE BOARD, and in the conduct thereof THE BOARD 
15 
shall not be bound by the technical rules of evidence. 
16 
17 
IN ACCORDANCE WITH ITS POWER TO INVESTIGATE ANY 
18 
MATTER BEFORE IT, THE BOARD SHALL HAVE THE POWER 
19 
TO DEPOSE WITNESSES RESIDING WITHIN OR WITHOUT THE 
20 
PHILIPPINES 
ACCORDING 
TO 
ITS 
RULES 
AND 
21 
REGULATIONS." 
22 
23 
SECTION 13. Section 21 of Republic Act No. 9502 is hereby renumbered as 
24 
Sec. 19, and amended to read as follows: 
25 
26 
"SEC. 19 [21]. Effectivity of the BOARD'S Decisions or Orders [of the 
27 
Secretary of the Department of Health]. -
All decisions or orders of the 
28 
BOARD [Secretary of the Department of Health] pursuant to Section 
29 
17 [19], Paragraphs (A) POWER TO DETERMINE THE MAXIMUM 
30 
RETAIL PRICE OF DRUGS OR MEDICINES SUBJECT TO PRICE 
31 
REGULATION, (B) POWER TO INCLUDE OTHER DRUGS OR 
32 
MEDICINES IN THE LIST SUBJECT TO PRICE REGULATION, (C) 
33 
POWER TO IMPLEMENT COST-CONTAINMENT AND OTHER 
34 
MEASURES, (D) POWER TO IMPOSE ADMINISTRATIVE FINES 
35 
AND PENALTIES, (E) POWER TO DEPUTIZE GOVERNMENT 
36 
ENTITIES, 
OR 
(F) 
OTHER 
POWERS 
NECESSARY 
TO 
13 


1 
IMPLEMENT PROVISIONS OF THIS ACT 
[A) 
Power to 
2 
Recommend the Maximum Retail Price of Drugs and Medicines 
3 
Subject to Price Regulation, (B) Power to Include Other Drugs and 
4 
Medicines in the List Subject to Price Regulation, (C) Power to 
5 
Implement Cost-Containment and Other Measures, (D) Power to 
6 
Impose Administrative Fines and Penalties, (E) Power to Deputize 
7 
Government Entities, or (F) Other Powers Necessary to Implement 
8 
Provisions of this Chapter], shall be immediately operative, UNLESS 
9 
OTHERWISE PROVIDED BY THE BOARD." 
10 
11 
SECTION 14. Section 22 of Republic Act No. 9502 is hereby renumbered as 
12 
Sec. 20, and amended to read as follows: 
13 
14 
"SEC. 20 [22]. Review of the BOARD'S Decisions or Orders [of the 
15 
Secretary of the Department of Health]. -
A party adversely affected by a 
16 
decision, order or ruling of the BOARD [Secretary of the Department 
17 
of Health] may, within thirty (30) days from notice of such decision, 
18 
order or ruling, or in case of a denial of a motion for reconsideration 
19 
thereof, within fifteen (15) days after notice of such denial, file an 
20 
appeal with the Court of Appeals, which shall have jurisdiction to 
21 
review such decision, order or ruling AND TO MODIFY OR SET 
22 
ASIDE THE SAME WHEN IT CLEARLY APPEARS THAT THERE 
23 
WAS NO EVIDENCE BEFORE THE BOARD TO SUPPORT 
24 
REASONABLY SUCH DECISION, ORDER OR RULING, OR THAT 
25 
THE SAME IS CONTRARY TO LAW, OR THAT IT WAS 
26 
WITHOUT 
THE 
JURISDICTION 
OF 
THE 
BOARD. 
THE 
27 
EVIDENCE PRESENTED TO THE BOARD, TOGETHER WITH 
28 
THE RECORD OF THE PROCEEDINGS BEFORE THE BOARD, 
29 
SHALL BE CERTIFIED BY THE BOARD TO THE COURT OF 
30 
APPEALS. SAID APPEAL SHALL BE PLACED ON FILE IN THE 
31 
OFFICE OF THE CLERK OF THE COURT OF APPEALS WHO 
32 
SHALL FURNISH COPIES THEREOF TO THE BOARD AND 
33 
OTHER PARTIES INTERESTED. 
34 
35 
ANY DECISION, ORDER OR RULING OF THE BOARD MAY 
36 
LIKEWISE BE REVIEWED BY THE SUPREME COURT UPON A 
14 


1 
WRIT OF CERTIORARI IN 
APPROPRIATE 
CASES. 
THE 
2 
PROCEDURE FOR REVIEW, EXCEPT AS HEREIN PROVIDED, 
3 
SHALL BE IN ACCORDANCE WITH THE RULES PRESCRIBED 
4 
BY THE SUPREME COURT. 
5 
6 
The filing of a petition for a writ of certiorari or other special remedies 
7 
in the Supreme Court shall in no case supersede or stay any decision, 
8 
order or ruling of the Board, unless the Supreme Court shall so direct, 
9 
and the petitioner may be required by the Supreme Court to give bond 
10 
in such form and of such amount as may be deemed proper." 
11 
12 
SECTION 15. Sec. 23 of Republic Act No. 9502 is hereby renumbered as Sec. 
13 
21 deleting subparagraph (c) thereof with succeeding subparagraphs renumbered 
14 
successively, and amended to read as follows: 
15 
16 
"SEC. 21 [23]. List of Drugs and Medicines that are Subject to Price 
17 
Regulation. - The list of drugs and medicines that are subject to price 
18 
regulation shall include, inter alia: 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
(a) All drugs and medicines indicated for treatment of chronic 
illnesses and life threatening conditions, such as, but not limited to .. 
endocrine disorders, e.g., diabetes mellitus; gastrointestinal 
disorders, e.g., peptic ulcer; urologic disorders, e.g., benign 
prostatic 
hyperplasia 
(BPH); 
cardiovascular 
diseases, 
e.g., 
hypertension; pulmonary diseases, e.g., pulmonary tuberculosis 
(PTB), asthma; auto-immune diseases, e.g., systemic lupus 
erythematosus (SLE); 
skin diseases, e.g., 
psoriasis; neuro-
psychiatric disorders; other infectious diseases, e.g., human 
immunodeficiency virus-acquired immune deficiency syndrome 
(HIV-AIDS); and other conditions such as organ transplants and 
neoplasm; 
(b) Drugs and medicines indicated for prevention of diseases, e.g., 
vaccines, immunoglobulin, anti-sera; 
[(c) Drugs and medicines indicated for prevention of pregnancy, 
e.g., oral contraceptives;] 
15 


1 
(c) [(d)] Anesthetic agents; 
2 
(d) [(e)] Intravenous fluids; 
3 
(e) [(f)l Drugs and medicines that are included in the Philippine 
4 
National Drug Formulary (PNDF) Essential Drug List; and 
5 
(f) [(g) All other drugs and medicines which, from time to time, the 
6 
Secretary of the Department of Health determines to be in need of 
7 
price regulation. 
8 
9 
SECTION 16. Section 24 of Republic Act No. 9502 is hereby renumbered as 
10 
Sec. 22, and the succeeding section renumbered accordingly. J 
11 
12 
SECTION 17. Section 26 of Republic Act No. 9502 is hereby renumbered as 
13 
Sec. 24 and amended to read as follows: 
14 
15 
"SEC. 24 [26]. Display of [Maximum Retail] Price Fixed [and Approved by 
16 
Order of the President of the Philippines1 BY THE BOARD for Drugs and 
17 
Medicines Subject to Price Regulation. - (a) Within a reasonable period as 
18 
may be determined by the [Secretary of the Department of Health] 
19 
BOARD, and: Provided, That it conforms to existing drug product 
20 
labeling requirements, every manufacturer, importer, distributor, 
21 
wholesaler, trader, or retailer of a drug or medicine intended for sale 
22 
shall display the retail price which shall not exceed the maximum retail 
23 
price [approved by order of the President of the Philippines] FIXED 
24 
BY THE BOARD. The maximum retail price shall be printed on the 
25 
label of the immediate container of the drug or medicine and the 
26 
minimum pack thereof offered for retail sale with the words "RET AIL 
27 
PRICE NOT TO EXCEED" preceding it, and "UNDER DRUG PRICE 
28 
REGULATION" on a red strip[.] : PROVIDED, THAT, IN THE CASE 
29 
OF A CONTAINER CONSISTING OF SMALLER SALEABLE 
30 
PACKS, THE RETAIL PRICE OF SUCH SMALLER PACK SHALL 
31 
ALSO BE DISPLAYED ON THE LABEL OF EACH SMALLER 
32 
PACK AND SUCH PRICE SHALL NOT BE MORE THAN THE 
33 
PRORATA RETAIL PRICE OF THE MAIN PACK ROUNDED OFF 
34 
TO THE NEAREST CENTAVO. 
35 
16 


1 
(b) Within a period as may be determined by the [Secretary of the 
2 
Department of Health] 
BOARD from time 
to 
time, 
every 
3 
manufacturer, importer, or trader shall issue a price list to wholesalers, 
4 
distributors, retailers and the Board, indicating the retail price, the 
5 
maximum retail price, and such other information as may be required 
6 
by the [Secretary of the Department of Health] BOARD." 
7 
8 
SECTION 18. Section 27 of Republic Act No. 9502 is hereby renumbered as 
9 
Sec. 25 with a new provision and sub-section to read as follows: 
10 
11 
"SEC. 25 [27]. DISPLAY OF PRICE AND PRICE LIST OF DRUGS OR 
12 
MEDICINES EXCLUDED FROM THE LIST SUBJECT TO PRICE 
13 
REGULATION. -
(A) EVERY MANUFACTURER, IMPORTER, 
14 
TRADER, DISTRIBUTOR, WHOLESALER, OR RETAILER OF A 
15 
DRUG OR MEDICINE EXCLUDED FROM THE LIST SUBJECT TO 
16 
PRICE REGULATION UNDER SECTION 21 HEREOF SHALL 
17 
DISPLAY IN INDELIBLE PRINT MARK ON THE LABEL OF THE 
18 
IMMEDIATE CONTAINER OF THE DRUG OR MEDICINE AND 
19 
THE MINIMUM PACK THEREOF OFFERED FOR RETAIL SALE, 
20 
THE WORDS "NOT UNDER PRICE REGULATION" ON A GREEN 
21 
STRIP. 
22 
23 
(B) IF REQUIRED BY THE BOARD, EVERY MANUFACTURER, 
24 
IMPORTER, 
TRADER, 
WHOLESALER, 
DISTRIBUTOR, 
OR 
25 
RET AlLER SHALL ISSUE A PRICE LIST OF DRUGS OR 
26 
MEDICINES EXCLUDED FROM THE LIST SUBJECT TO PRICE 
27 
REGULATION, INDICATING CHANGES FROM TIME TO TIME. 
28 
29 
(C) 
EVERY 
MANUFACTURER, 
IMPORTER, 
TRADER, 
30 
DISTRIBUTOR, WHOLESALER, OR RETAILER SHALL SUBMIT 
31 
PERIODICALLY THEIR PRICES AND INVENTORY OF ALL THE 
32 
DRUGS OR MEDICINES THEY CARRY TO THE BOARD. 
33 
34 
SEC. 25.1. - Reports from Local Government Units (LGUs) and the 
35 
Department of Trade and Industry (DTl). - A1llocal government units 
36 
(LGUs) [and the Department of Trade and Industry] shall help ensure 
17 


1 
the implementation of pricing policies provided under this Chapter by 
2 
submitting quarterly price monitoring reports to the [Secretary of the 
3 
Department of Health] BOARD of drugs or medicines identified by the 
4 
latter, and any and all necessary information that the [Secretary of the 
5 
Department of Health] BOARD may require." 
6 
7 
SECTION 19. Section 28 of Republic Act No. 9502 is hereby renumbered as 
8 
Sec. 26 and amended to read as follows: 
9 
10 
"SEC. 26 [28]. Role of the Department of Health (DOH) and the Departmenr 
11 
of Trade and Industry (DTI). - The Department of Health and the 
12 
Department of Trade and Industry shall JOINTLY conduct 
13 
independent periodic surveys and studies of the selling prices of all 
14 
drugs and medicines referred to in Section [23] 21 of this Act all over 
15 
the country as well as their share or effect on the family income of the 
16 
different economic groups in the country for purposes of serving as 
17 
data base for government efforts to promote access to more affordable 
18 
medicines, as well as evaluating the effectivity of the measures 
19 
undertaken to promote access to more affordable medicines. [The DTI 
20 
shall always officially provide the Secretary of the Department of 
21 
Health copies of these independent reports.}" 
22 
23 
SECTION 20. Section 29 of Republic Act No. 9502 is hereby renumbered as 
24 
Sec. 27 and amended to read as follows: 
25 
26 
"SEC. 27 [29]. Rules and Regulations. - The [Secretary of the Department 
27 
of Health] BOARD, in consultation with the DOH AND the 
28 
Department of Trade and Industry, the Congressional Oversight 
29 
Committee and other appropriate government agencies, shall, within 
30 
one hundred twenty (120) days from the effectivity of this Act, 
31 
promulgate the rules and regulations necessary to effectively 
32 
implement the provisions of this chapter." 
33 
34 
SECTION 21. Section 30 of Republic Act No. 9502 is hereby renumbered as 
35 
Sec. 28 and amended to read as follows: 
36 
18 


1 
"SEC. 28 [301. ANNUAL REPORT. - WITHIN THIRTY (30) DAYS 
2 
FROM THE EFFECTIVITY OF THIS ACT AND EVERY DECEMBER 
3 
31ST OF EVERY YEAR THEREAFTER, EVERY MANUFACTURER, 
4 
IMPORTER, TRADER, DISTRIBUTOR, WHOLESALER, AND 
5 
RETAILER OF A DRUG OR MEDICINE WHETHER INCLUDED IN 
6 
OR EXCLUDED FROM THE LIST OF DRUGS OR MEDICINES 
7 
THAT ARE SUBJECT TO PRICE REGULATION SHALL FURNISH 
8 
THE BOARD A LIST OF ALL DRUGS OR MEDICINES IT 
9 
MANUFACTURES, 
IMPORTS, 
TRADES, 
DISTRIBUTES, 
10 
WHOLESALES, OR RETAILS, DATA PERTAINING TO THE 
11 
FACTORS ENUMERATED UNDER SECTION 17(A)(2), AND ANY 
12 
AND ALL NECESSARY INFORMATION THAT THE BOARD MAY 
13 
REQUIRE." 
14 
15 
SECTION 22. Sections 31 and 32 of Republic Act No. 9502 are hereby 
16 
repealed. 
17 
18 
SECTION 23. Section 33 of Republic Act No. 9502 is renumbered as Sec. 29, 
19 
and hereby amended to read as follows: 
20 
21 
"SEC. 29 [33]. Non-Discriminatory Clause. - It shall be unlawful for any 
22 
retail drug outlet to refuse to carry either by sale or by consignment, or 
23 
offer for sale drugs or medicines brought into the country [, as allowed 
24 
under Section 7 of this Act which amends Section 72.1 of the 
25 
Intellectual Property Code of the Philippines or Republic Act No. 
26 
8293,J THROUGH PARALLEL IMPORTATION by the government 
27 
or [authorized] third party AUTHORIZED BY THE GOVERNMENT 
28 
AND which have been previously approved for distribution or sale by 
29 
the Bureau of Food and Drugs. For this purpose, the said products 
30 
shall be displayed with equal prominence as all other products sold in 
31 
the establishment." 
32 
33 
SECTION 24. Section 34 of Republic Act No. 9502 is hereby renumbered as 
34 
Sec. 30, and the succeeding sections are renumbered accordingly. 
35 
19 


1 
SECTION 25. Section 38 of Republic Act No. 9502 is hereby renumbered as 
2 
Sec. 34 and amended to read as follows: 
3 
4 
"SEC. 34 [38]. Section 6 of Republic Act No. 6675 is hereby amended to 
5 
read as follows: 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
"SEC. 6. Who Shall Use Generic Terminology. - "(a) All government 
health agencies and their personnel as well as other government 
agencies shall use generic terminology or generic names in all 
transactions related to purchasing, prescribing, dispensing and 
administering of drugs and medicines. 
"(b) All medical, dental and veterinary practitioners, including 
private practitioners, shall write prescriptions using the generic 
name OF THE DRUG OR MEDICINE ONLY AND ITS BRAND 
NAME SHALL NOT APPEAR ON ANY PART OF THE 
PRESCRIPTION. [The brand name may be included if so desired.] 
"(c) Any organization or company involved in the manufacture, 
importation, repacking, marketing and! or distribution of drugs 
and medicines shall indicate prominently the generic name of the 
product. In the case of brand name products, the generic name shall 
appear prominently and immediately above the brand name in all 
product labels as well as in advertising and other promotional 
materials, 
"(d) Drug outlets, including drugstores, hospital and non-hospital 
pharmacies and nontraditional outlets such as supermarkets and 
stores, shall inform any buyer about any and all other drug 
products having the same generic name, together with their 
corresponding prices so that the buyer may adequately exercise his 
option, Within one (1) year after approval of this Act, the drug 
outlets referred to herein shall post in conspicuous places in their 
establishments a list of drug products with the same generic name 
and their corresponding prices, 
20 


1 
2 
3 
4 
5 
"(e) There shall appear prominently on the label of a generic drug 
the following statement: THIS PRODUCT HAS THE SAME 
THERAPEUTIC 
EFFICACY 
AS 
ANY 
OTHER 
GENERIC 
PRODUCT OF THE SAME NAME. SIGNED: BFAD. " 
6 
SECTION 26. Section 39 of Republic Act No. 9502 is hereby renumbered as 
7 
Sec. 35, and the succeeding sections are renumbered accordingly. 
8 
9 
SECTION 27. There shall be incorporated after Section 44 of Republic Act 
10 
No. 9502 a new section to read as follows: 
11 
12 
"Sec. 40.1. QUALITY ASSURANCE OF DRUGS. - THE BUREAU OF 
13 
FOOD AND DRUGS SHALL TAKE THE NECESSARY STEPS TO 
14 
ENSURE THE SAFETY AND QUALITY OF DRUGS, WHETHER 
15 
LOCALLY PRODUCED OR IMPORTED AS PROVIDED HEREIN. 
16 
BIO-EQUIV ALENCE TESTING SHALL BE MADE ON THE 
17 
DRUGS LISTED IN THE ESSENTIAL DRUG LIST." 
18 
19 
SECTION 28. Section 45 of Republic Act No. 9502 is renumbered as Sec. 41 
20 
and amended to read as follows: 
21 
22 
"SEC. 41 [451. Congressional Oversight Committee. - TO OVERSEE THE 
23 
IMPLEMENTATION OF THIS ACT, THERE SHALL BE CREATED 
24 
A CONGRESSIONAL OVERSIGHT COMMITTEE (COC) TO BE 
25 
COMPOSED OF THE CHAIRS OF THE SENATE COMMITTEES 
26 
ON TRADE AND COMMERCE, HEALTH AND DEMOGRAPHY, 
27 
AND FINANCE, AND THE HOUSE OF REPRESENTATIVES 
28 
COMMITTEES ON TRADE AND INDUSTRY, HEALTH, AND 
29 
APPROPRIATIONS, AND TWO (2) MEMBERS EACH FROM THE 
30 
SENATE AND HOUSE OF REPRESENTATIVES WHO SHALL BE 
31 
DESIGNATED BY THE SENATE PRESIDENT AND THE SPEAKER 
32 
OF THE HOUSE OF REPRESENTATIVES: PROVIDED, THAT ONE 
33 
(1) OF THE TWO (2) SENATORS AND ONE (1) OF THE TWO (2) 
34 
HOUSE 
MEMBERS 
SHALL 
BE 
NOMINATED 
BY 
THE 
35 
RESPECTIVE MINORITY LEADERS OF THE SENATE AND THE 
36 
HOUSE OF REPRESENTATIVES. 
21 


1 
2 
THE SECRETARIAT OF THE COC SHALL BE DRAWN FROM 
3 
THE EXISTING SECRETARIAT PERSONNEL OF THE SENATE 
4 
AND THE HOUSE OF REPRESENTATIVES COMMITTEES 
5 
COMPRISING THE COc." 
6 
7 
SECTION 29. Section 46 of Republic Act No. 9502 is hereby renumbered as 
8 
Sec. 42 and amended to read as follows: 
9 
10 
"SEC. 42 [46]. Appropriations FOR THE DRUG PRICE REGULATION 
11 
BOARD. -
THE AMOUNT NECESSARY FOR THE INITIAL 
12 
IMPLEMENTATION OF CHAPTER 3 OF THIS ACT SHALL BE 
13 
CHARGED 
AGAINST 
THE 
CURRENT 
YEAR'S 
14 
APPROPRIATIONS OF THE DOH AND THE DTI. THEREAFTER, 
15 
SUCH 
AMOUNTS 
AS 
MAY 
BE 
NECESSARY 
FOR 
ITS 
16 
CONTINUED IMPLEMENTATION SHALL BE INCLUDED IN THE 
17 
ANNUAL GENERAL APPROPRIATIONS ACT." 
18 
19 
SECTION 30. Section 48 of Republic Act No. 9502 is hereby renumbered as 
20 
Sec. 44 and amended to read as follows: 
. 21 
22 
"SEC. 44 [48]. Repealing Clause. - SECTIONS 22, 61, 71, 72, 74, 76, 93, 
23 
94, 95, AND 147 OF REPUBLIC ACT NO. 8293, OTHERWISE 
24 
KNOWN AS THE INTELLECTUAL PROPERTY CODE OF THE 
25 
PHILIPPINES; SECTIONS 5, 6, 8, 11, AND 12 OF REPUBLIC ACT 
26 
NO. 6675, OTHERWISE KNOWN AS THE GENERICS ACT OF 
27 
1988; AND SECTION 25 OF REPUBLIC ACT NO. 5921, AS 
28 
AMENDED, OTHERWISE KNOWN AS THE PHARMACY LAW, 
29 
ARE HEREBY AMENDED. 
30 
All laws, decrees, executive orders, proclamations and administrative 
31 
regulations or parts thereof inconsistent herewith are hereby repealed 
32 
or modified accordingly." 
33 
34 
SECTION 31. There shall be incorporated after Section 48 of Republic Act 
35 
No. 9502 a new section to read as follows: 
36 
22 


1 
"SEC. 45. EFFECTIVITY OF SECTION 33 OF THIS ACT. - THE 
2 
AMENDMENT TO SECTION 6(B) OF REPUBLIC ACT NO. 6675 
3 
REFERRED TO IN SECTION 33 WHICH MANDATES THE 
4 
MEDICAL, DENTAL AND VETERINARY PRACTITIONERS, 
5 
INCLUDING 
PRIVATE 
PRACTITIONERS, 
TO 
WRITE 
6 
PRESCRIPTIONS IN GENERIC NAME ONLY SHALL TAKE 
7 
EFFECT AFTER A PERIOD OF TWELVE (12) MONTHS FROM THE 
8 
EFFECTIVITY OF THIS ACT: PROVIDED, THAT, WITHIN THIS 
9 
TWELVE (12)-MONTH PERIOD, NO PRESCRIPTION SHALL 
10 
CARRY THE WORDS "NO SUBSTITUTION" OR A SIMILAR 
11 
PHRASE." 
12 
13 
SECTION 32. Implementing Rules and Regulations. - The Department of 
14 
Health (DOH) and the Department of Trade and Industry (DTI), in consultation with 
15 
the appropriate government agencies shall, within sixty (60) days from the 
16 
effectivity of this Act, promulgate the necessary rules and regulations for the 
17 
effective implementation of the provisions of this Act. 
18 
19 
SECTION 33. Separability Clause. - If any provision of this Act is declared 
20 
unconstitutional or invalid, the provisions not affected thereby shall continue to be 
21 
in full force and effect. 
22 
23 
SECTION 34. Repealing Clause. - All laws, including Republic Act No. 9502, 
24 
decrees, orders, rules and regulations or other issuances inconsistent with the 
25 
provisions of this Act are hereby repealed, amended or modified accordingly. 
26 
27 
SECTION 35. Effectivity Clause. - This Act shall take effect fifteen (15) days 
28 
after its publication in two (2) national newspapers of general circulation. 
29 
30 
Approved, 
23