Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

2101

House Bill No.

Introduced by AKBAYAN Party-List Representatives
Hon. Kaka Bag-ao and Hon. Walden Bello

EXPLANATORY NOTE

Nineteen years since the passage of the Generics Act, the share of generic drugs in the
Philippine pharmaceutical market remains meager of 3%. There is a consensus within
the healthcare industry that flaws in the Generics Act and implementation problems
have rendered the law ineffective.

While it compels doctors to issue generic prescriptions, the Generic Act ironically also
gives them the option to include the brand name along with the generic name. This
option, a result of lobbying of pharmaceutical companies, has clearly been abused.
Coupled with the lax implementation of the law, doctors have been negligent in
prescribing the generic name of drugs and medicines. Furthermore, the inclusion of the
b rand name has reduced the chance of patients and buyers to demand for generic
products.

The connivance between doctors, pharmacies, and marketing agents of pharmaceuticals
has also marginalized generic products and has led to expensive drugs and medicines in
the Philippines. Pharmaceuticals would use medical representatives to promote their
products, and offer various incentives, from free travel to corporate sponsorship of
hospital events, to make sure that doctors would prescribe their products. Drugstores,
on the other hand, would assure doctors of a cut from the sale of the branded products
that they have prescribed.

This practice can be stopped by preventing doctors from prescribing branded medicine
altogether. By enhancing access to cheap medicines, Filipinos would be able to address
illness that can already be cured or treated but stil cause debilitation and death due to
the inaccessibility of medicines and drugs.

‘At the same time, there is a need to increase the penalties imposed under the Generic
Act to make it effective. To date, the existing fines are miniscule compared to the gains


that doctors, drugstores and pharmaceuticals gain form violating the law. Scaling up

the penalties by increasing the fines and by granting the Department of Health broad

power to impose administrative sanction would prevent doctors, pharmaceuticals, and
drugstores from abusing the law.

In view of the foregoing, the prompt passage of this bill is earnestly sought.

AKBAYAN Party-list Representative


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 2101

Introduced by AKBAYAN Party-List Representatives
Hon. Kaka Bag-ao and Hon. Walden Bello

AN ACT STRENGTHENING THE USE OF GENERIC DRUGS AND MEDICINES,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 6675, OR THE GENERICS
ACT OF 1988

Section 1. Who shall use generic Terminology — Section 6 (b) of Republic Act No. 6675
is hereby amended to read as follows:

Sec. 6. Who shall use generic Terminology. ~ (a) XXX

(b) ALL MEDICAL, DENTAL AND VETERINARY PRACTITIONERS, INCLUDING
PRIVATE PRACTITIONERS, SHALL WIRTE PRESCRIPTIONS USING GENERIC
NAME ALONE.

Section 2. Penalty — Section 12 of Republic Act No. 6675 is hereby amended to read as
follows:

Sec. 12 Penalty — (A) Any person who shall violate Section 6(a), or 6(b) of this
Act shall suffer the penalty graduated hereunder, viz:

(a) XXX

(b) The second convictions, the penalty of fine in the amount of not less
than TEN THOUSAND PESOS (P10,000) BUT NOT MORE THAN
TWENTY THOUSAND PESOS (P20,000)

(c) For the third conviction, the penalty of fine in the amount of not less
than TWENTY THOUSAND PESOS (P20,000) but not exceeding FIFTY


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‘THOUSAND PESOS (P50,000) and suspension of his/her license to
practice his/her profession for thirty days at the discretion of the
court.

(q) For the fourth subsequent convictions, the penalty of fine not less
than FIFTY THOUSAND PESOS (950,000) BUT NOT MORE THAN ONE
HUNDRED THOUSAND PESOS (P100,000) and suspension of his
license to practice his profession one year or longer at the discretion
of the court.

Any juridical person which violates Section 6(c), 6(d), 7 or 8 shall suffer the
penalty of a fine of not less than FIFTY THOUSAND PESOS (P50,000) AND NOT
MORE THAT ONE HUNDRED THOUSAND PESOS (P100,000) and suspension or
revocation of license to operate such drug establishment or drug outlet at the
discretion of the Court: Xxx.

(B) The DEPARTMENT OF HEALTH shall have broad powers to impose
administrative sanctions such as THE IMPOSITION OF FINE AND/OR suspension
or cancellation of license, as the case may be, for the violation of this Act,
WITHOUT PREJUDICE TO THE FILING OF CRIMINAL CHARGES AGAINST
ERRING PERSONS OR ENTITIES BY THE DEPARTMENT OR BY ANY INDIVIDUAL.

Sec. 3. Separability Clause ~ If any provision of this Act is declared invalid, the
remainder of any provision hereof not affected thereby shall remain in force and effect.

Sec, 4, Repealing Clause ~ The provisions of any law, executive order, presidential
decree or other issuance inconsistent with this Act are hereby repealed or modified
accordingly.

Sec. 5. Effectivity ~ This Act shall take effect fifteen (15) days after its complete
Publication in the Official Gazette or two (2) newspapers of general circulation.

Adopted,