SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENi}Tl\lO 
S. No. _=-l;j~,---
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
"13 
AUG 15 P 3 :07 
HE- 'I' 
US and Australian researchers said in a study that 25% of doctors surveyed revealed that 
they had received direct payments from pharmaceutical producers. In addition, 94% of practicing 
doctors have at least one type of relationship with the drug industry, this most often means 
receiving food in the workplace or sample prescription drugs. 
Relationships with pharmaceutical industry are a fundamental part of the way medicine is 
practiced today. These relationships benefit physicians and the pharmaceutical industry, but the 
important policy question is to what extent do these relationships benefit patients in terms of the 
care they receive? 
The possibility of having conflicts of interest may exist between a physician's duty to 
prescribe a proper drug against an ineffective one manufactured by a pharmaceutical producer 
who has influenced the physician through the gifts given. 
This bill is intended to prevent health manufacturers from having too much influence 
over doctors by prohibiting any person who manufactures or distributes prescription drugs fronl 
giving or offering to give anything of monetary value to any medical practitioner to encourage 
the medical practitioner to issue prescriptions for that manufacturer's pharmaceutical products.' 
Lw\., 4h·vt-.- ~~ 
. MIRIAM DEFIfSOR S1..NTIfJO 
r;J!Y 
* This bill waS originally filed in the Fourteenth Congress, Second Regular Session. 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. No. 
] 3) 0 
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
.Senut, 
cOlli" uf t~. "m.t .. ~ 
'13 
AUG 15 P 3 :07 
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PROHIBITING THE GIVING OF GIFTS BY PHARMACEUTICAL DRUG 
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MANUFACTURERS AND DISTRIBUTORS TO ENCOURAGE MEDICAL 
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PRACTITIONERS TO PRESCRIBE CERTAIN PHARMACEUTICAL DRUGS AND 
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PRODUCTS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. - This Act may be known as the "Medical Gift Giving Ban 
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Act". 
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SECTION. 2. Definition of Terms. - For purposes of this Act, the term: 
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(A) 
"Medical practitioners" means physicians and surgeons authorized by law to 
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practice medicine and treat illness and injury by prescribing medication, performing diagnostic 
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tests and evaluations, performing surgery, and providing other medical services and advice. 
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(B) 
"Prescription drug" means drug requiring a prescription to be presented before 
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purchase. 
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(C) 
"Drug manufacturer" means a person or business entity engaged in making, 
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assembling, processing or modifying devices, or mixing, producing or preparing drugs in dosage 
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forms by encapsulating, entableting, or other process, or packaging, repackaging or otherwise 
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changing the container, wrapper or label of any package containing a drug or device in 
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furtherance of the distribution of the drug or device from the original place of manufacture to the 
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person who makes final delivery or sale to the ultimate consumer. 
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(D) 
"Drug distributor" is a person or business entity that delivers and supplies the 
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drugs produced by a drug manufacturer. 
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(E) 
"Medical sales representative" is a person employed to represent a drug 
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manufacturer or drug distributor and to sell its merchandise. 
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SECTION 3. Prohibitions. - Except as provided in the succeeding section, no drug 
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manufacturer, drug distributor, or medical sales representative may give or offer to give anything 
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of monetary value to any medical practitioner. 
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SECTION 4. Exceptions. - Section 3 does not apply to any of the following: 
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(A) 
Product samples given by a drug manufacturer or drug distributor to a medical 
practitioner for delivery to a patient. 
(B) 
Scientific literature for use by a medical practitioner. 
SECTION 5. Penalties.-
(A) 
Any person who shall violate any provision of this Act shall upon conviction, be 
subject to a fine of not less than fifty thousand pesos (P50,000.00) or treble the amount of the 
market value of the gift, whichever is higher, or imprisonment of not less than six (6) months but 
not more than one (1) year, or both, upon the discretion of the court. 
If the' offender is an alien, the alien shall be deported after service of sentence and 
payment of fine without further deportation proceedings. 
(B) 
Any director, officer, or agent of a corporation, association, pattnership, or any 
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other entity who shall authorize, order, or perform any of the acts or practices constituting in 
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whole or in part a violation of Section 3 shall be subj ect to penalties to which that corporation, 
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association, partnership, or any other entity may be subjected to. 
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In case the violation is committed by or in the interest of a foreign juridical person duly 
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licensed to engage in business in the Philippines, such license to engage in business in the 
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Philippines shall immediately be revoked. 
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SECTION 6. Separability Clause. - If any provision or pmi thereof is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 7. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent, 
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with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 8. Effectivity Clause. - This Act shall take effect I1fteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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