NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
V *;,,’ . ■ 
*•%**■*■
o{tl»c
•22 JUL 14 P2:14
SENATE
S. No. 616
received BY.
Introduced by SENATOR FRANCIS "TOL" N. TOLENTINO
AN ACT
REGULATING PHARMACEUTICAL OUTLETS ENGAGED IN THE ONLINE SALE 
OF PHARMACEUTICAL PRODUCTS AND THOSE DISPENSING ONLINE 
PHARMACY SERVICES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 
10918, OTHERWISE KNOWN AS THE "PHILIPPINE PHARMACY ACT"
EXPLANATORY NOTE
The 1987 Constitution enjoins the State to protect and promote the right to 
health of every Filipino by instilling health consciousness among them/ and adopting 
an integrated and comprehensive approach to health development which shall 
endeavor to make essential goods, health, and other social services available to all at 
affordable cost.2
On 11 June 2019, the Food and Drug Administration (FDA) issued FDA Advisory 
No. 2019-154, entitled ""Internet Sales and Access to Safe A/eor/c//7e//reminding the 
public that prevalent laws, rules, and regulations do not allow the online selling of 
medicines while encouraging them to purchase medicines only from licensed 
pharmacies, thus:
'Tn the Philippines, online selling of medicines is NOT permitted pursuant to 
existing laws, rules and regulations. Currently, FDA only allows online ordering 
services provided that the seller has an existing FDA-licensed Pharmacy or Botika
1 Section 15, Article II of the 1987 Constitution.
2 Id., Section 11, Article XIII.


with physical address. Online ordering services are additional activities of a 
Pharmacy or Botika subject for approval of FDA."
Contrary to the said FDA Advisory, Section 5(dd) of Republic Act No. 10918, 
(R.A. No. 10918), otherwise known as the "Philippine Pharmacy Act," recognizes online 
pharmacy services and defines such as "pharmaceutical services of a duly licensed 
pharmaceutical outlet done over the internet." Section 45(p) of R.A. No. 10918 
penalizes the operation of an unlicensed pharmaceutical outlet rendering online 
pharmacy services.
Despite the enactment of R.A. No. 10918, the FDA has yet to issue detailed 
guidelines on the online sale of pharmaceutical drugs and the operation of online 
pharmacies or e-pharmacies. Until then, unscrupulous sellers will continue to sell 
counterfeit, adulterated, or unapproved pharmaceutical drugs to the prejudice of the 
public.
Given the proliferation of online e-commerce platforms and their ease of access 
and convenience especially during the pandemic, this bill seeks to regulate (a) the 
online sale of pharmaceutical drugs and ft) the operation of e-pharmacies.
In view of the foregoing, the approval of this measure is earnestly sought.
^i=RANOS "TOL" N. TOLENTINO


o( tijf 1^; ■ rrr.u-y
iy
NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
S. No. 616
■22 JUL 14 P2:15
RECEIVHD Bi',
Introduced by SENATOR FRANCIS "TOL" N. TOLENTINO
AN ACT
REGULATING PHARMACEUTICAL OUTLETS ENGAGED IN THE ONLINE SALE 
OF PHARMACEUTICAL PRODUCTS AND THOSE DISPENSING ONLINE 
PHARMACY SERVICES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 
10918, OTHERWISE KNOWN AS THE "PHILIPPINE PHARMACY ACT"
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
1 
SEC. 1. Section 5 of Republic Act No. 10918, otherwise known as the
2 
"Philippine Pharmacy Act," is hereby amended to read, thus:
3 
"SECTION 5. Definition of Terms. — As used in this Act: x x x
4 
(XX) ONLINE PHARMACY OR E-PHARMACY REFERS TO A
5 
MODE OF PHARMACY SERVICES THAT UTILIZES INFORMATION
6 
TECHNOLOGY OR ONLINE MODE OF COMMUNICATION TO
7 
BETTER SERVE PATIENTS BY PROVIDING MORE CONVENIENT
8 
ACCESS TO PHARMACY SERVICES. THIS MODE OF SERVICE
9 
SHOULD BE PROVIDED BY A PHARMACY THAT IS DULY-
10 
LICENSED BY 
THE FDA THROUGH 
A SECURED ONLINE
11 
PLATFORM;
12 
(YY) ONLINE E-COMMERCE PLATFORM REFERS TO A
13 
NATURAL OR JURIDICAL PERSON THAT SOLICITS THE
14 
PURCHASE OF 
DIGITAL PRODUCTS THROUGH 
DIGITAL


1 
PLATFORMS AND MARKETPLACES WHOSE BUSINESS IS TO
2 
CONNECT ONLINE BUYERS AND ONLINE SELLERS,
3 
FACILITATING SALES OF PRODUCTS, GOODS, AND SERVICES
4 
THROUGH THE INTERNET WITH THE PRESENCE AND USE OF
5 
MONETARY TRANSACTIONS."
6 
SEC. 2. A new Article VIII is hereby inserted to R.A. No. 10918 and succeeding
7 
Sections are renumbered accordingly to read, thus:
8 
"ARTICLE VIII
9 
ONLINE PHARMACY (E-PHARMACY)
10 
SECTION 47. LICENSE TO OPERATE AS ONLINE PHARMACY (E-
11 
PHARMACY). PHARMACEUTICAL OUTLETS ENGAGED IN THE SALE
12 
OF PHARMACEUTICAL PRODUCTS, WHETHER AS AN ADDITIONAL
13 
ACTIVITY OR AS A PURE E-PHARMACY WITHOUT A PHYSICAL STORE
14 
FOR DISPENSING MEDICINES AND MEDICAL DEVICES, SHALL
15 
REGISTER WITH THE FDA AND SECURE THE APPROPRIATE LICENSE
16 
FOR THIS PURPOSE.
17 
SECTION 48. LICENSED PHARMACIST REQUIREMENT. - ALL
18 
PHARMACEUTICAL OUTLETS ENGAGED IN THE ONLINE SALE OF
19 
PHARMACEUTICAL PRODUCTS SHALL DESIGNATE A LICENSED
20 
PHARMACIST WHO SHALL BE RESPONSIBLE AND ACCOUNTABLE FOR
21 
COMPLIANCE WITH LAWS AND FDA RULES AND REGULATIONS
22 
PERTAINING TO PRODUCT SAFETY, EFFICACY, AND QUALITY.
23 
SECTION 49. GUIDELINES ON THE APPLICATION FOR A
24 
LICENSE TO OPERATE. - ALL PHARMACEUTICAL OUTLETS ENGAGED
25 
IN ONLINE SALE OF PHARMACEUTICAL PRODUCTS, WHETHER AS AN
26 
ADDITIONAL ACTIVITY OR AS A PURE E-PHARMACY, SHALL BE
27 
SUBJECT TO MONITORING AND REGULAR INSPECTION BY THE FDA.
28 
FOR THIS PURPOSE, THE FDA, IN COOPERATION WITH
29 
APPROPRIATE GOVERNMENT AGENCIES, SHALL PROMULGATE
30 
GUIDELINES ON THE LICENSING AND COMPLIANCE REQUIREMENTS
31 
FOR PHARMACEUTICAL OUTLETS ENGAGED IN THE ONLINE SALE OF


1 
PHARMACEUTICAL PRODUCTS AND THOSE DISPENSING ONLINE
2 
PHARMACY SERVICES."
3 
SEC. 3. Separability Clause, — If any clause, provision, paragraph, or part
4 
hereof shall be declared unconstitutional or invalid, such declaration shall not affect,
5 
invalidate, or impair the other provisions otherwise valid and effective.
6 
SEC. 4. Repealing Clause, — All other laws, presidential decrees, executive
7 
orders, and other administrative issuances or parts thereof which are contrary to or
8 
inconsistent with the provisions of this Act are hereby repealed, amended, or modified
9 
accordingly.
10 
SEC. 5. Effectivity, — This Act shall take effect fifteen (15) days after its
11 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,