SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
) 
) 
) 
Senate Bill No. _2_6_3_1 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
I I:U 
~'i 
1'1 () ·Ak) 
<.U 
< 
,"",.q 
FURTHER ENSURING THE USE OF THE GENERIC NAMES IN THE 
MANUFACTURE, PRESCRIPTION AND DISTRIBUTION OF DRUGS AND 
MEDICINES, AMENDING FOR THE PURPOSE CERTAIN SECTIONS OF 
REPUBLIC 
ACT 
NUMBERED 6675, 
OTHERWISE 
KNOWN 
AS 
THE 
"GENERIC ACT OF 1988" AND FOR OTHER PURPOSES 
EXPLANATORY NOTE 
Right to health is a fundamental human right. Thus, Article II, Section 15 of 
the 1987 Constitution declares that, "The State shall protect and promote the 
right to health of the people and instill health consciousness among them." 
Corollary to this provision, Article XIII, Section 11 of the Constitution provides 
that, "The State shall adopt an integrated and comprehensive approach to health 
development which shall endeavor to make essential goods, health and other 
social services available to all people at affordable cost. x x x" 
Thus, the enactment of Republic Act No. 6675, otherwise known as the 
"Generics Act of 1988" provided for the framework for ensuring adequate supply 
of drugs at the lowest cost in all govemment health agencies involved in 
purchasing, prescribing, dispensing and administering of drugs and medicines. 
Moreover, the law requires companies involved 
in the manufacturing, 
importation, re-packing and distribution of drugs and medicines to indicate 
prominently the generic name of the product. Drug outlets must likewise inform 
any buyer about any and all other drug products having the same generic name, 
with their corresponding prices. Consequently, consumers have the right to 
choose an equivalent but more affordable drug. 
While the law provides administrative and penal sanctions, there are 
reports, however, that most doctors as well as drug companies who constantly 
violate it by prescribing brand name medicines because of the incentives that go 
with them. They are offered cash and other valuable consideration in exchange 
for prescribing the medicines sold by the pharmaceutical companies. Drugstores 
and other drug establishments reportedly fail to inform buyers of drugs having the 
same generic names with their corresponding prices. Thus, the Generic Law's 
noble purpose of providing Filipino consumers affordable, accessible, safe and 
efficacious drugs appears to be eroded. 
In order to curb or minimize these practices, this bill seeks to provide 
stiffer penalties for any violation of the Generic Act. 


To properly monitor and supervise the strict implementation of this Act, 
this bill proposes the creation of the "Generic Board". The Board shall, among 
others, investigate any violation of this Act and recommend prosecution in court, 
and promulgate rules and regulations as may be deemed necessary to carry out 
the provisions of this Act. To guarantee its implementation, the proposed bill 
requires the Board to submit annual report to the President and to Congress. 
In view of the foregoing, early passage of this bill is earnestly sought. 
JIN GOY EJERCITO ESTRADA 
Senator 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
) 
) 
) 
(')(")1 
Senate Bill No. _'_ 
.• _O_~)_.l 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
FURTHER ENSURING THE USE OF THE GENERIC NAMES IN THE 
MANUFACTURE, PRESCRIPTION AND DISTRIBUTION OF DRUGS AND 
MEDICINES, AMENDING FOR THE PURPOSE CERTAIN SECTIONS OF 
REPUBLIC 
ACT 
NUMBERED 6675, 
OTHERWISE KNOWN 
AS 
THE 
"GENERIC ACT OF 1988" AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. Section 9 of Republic Act No. 6675, otherwise known as the 
2 
"Generic Act of 1988", is hereby amended to read as follows: 
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 
"Section 9. [Rules and Regulations] IMPLEMENTATION. - The 
implementation of the provisions of this Act shall be in accordance 
with the rules and regulations to be promulgated by the Department 
of Health. Rules and regulations with penal sanctions shall be 
promulgated within one hundred eighty (180) days after the 
approval of this Act, and shall take effect fifteen (15) days after 
publication in the Official Gazette or in two (2) newspapers of 
general circulation. TO REVIEW, MONITOR AND SUPERVISE 
THE IMPLEMENTATION OF THIS ACT, THERE IS HEREBY 
CREATED 
A 
GENERIC 
DRUGS 
BOARD, 
HEREINAFTER 
REFERRED 
TO 
AS 
THE 
"BOARD, 
WHICH 
SHALL 
BE 
COMPOSED OF THE FOLLOWING: 
A. THE SECRETARY OF 
HEALTH AS EX-OFFICIO 
CHAIRMAN; 
B. A 
REPRESENTATIVE 
FROM 
THE 
MEDICAL 
PRACTITIONERS ASSOCIATION AS MEMBER; 
C. A 
REPRESENTATIVE 
FROM 
THE 
CONSUMERS 
SECTOR AS MEMBER; 
D. A 
REPRESENTATIVE 
FROM 
THE 
DRUG 
MANUFACTURERS AS MEMBER; 
E. A REPRESENTATIVE FROM DRUG DISTRIBUTORS 
AS 
MEMBER; 
PROVIDED, 
THAT 
MEMBERS 
APPOINTED 
TO 
THE 
BOARD 
SHALL 
BE 
OF 
RECOGNIZED STANDING IN THEIR RESPECTIVE 
FIELD OR GROUP AND MUST POSSESS GOOD 
MORAL CHARACTER." 
1 


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 
37 
38 
39 
40 
41 
42 
SEC. 2. Section 10 of the same Act is hereby renumbered to Section 11 
and the new provision of Section 10 shall read as follows: 
"SECTION 10. APPOINTMENT, POWERS AND DUTIES. - THE 
MEMBERS OF THE BOARD SHALL BE APPOINTED BY THE 
SECRETARY OF HEALTH FROM A LIST OF NOMINEES TO BE 
SUBMITTED BY MEDICAL PRACTITIONERS, CONSUMERS, 
DRUG MANUFACTURERS AND DRUG DISTRIBUTORS. THE 
MEMBERS OF THE BOARD SHALL HOLD OFFICE FOR A TERM 
OF TWO (2) YEARS; PROVIDED, THAT THE MEMBERS OF THE 
BOARD FIRST APPOINTED SHALL HOLD OFFICE FOR THE 
FOLLOWING TERMS: TWO (2) MEMBERS FOR TWO (2) YEARS 
AND THE OTHER TWO (2) MEMBERS FOR ONE (1) YEAR. 
"THE BOARD SHALL HAVE THE FOLLOWING POWERS AND 
DUTIES: 
A. 
INVESTIGATE 
RECOMMEND 
AGENCIES; 
ANY VIOLATIONS OF THE ACT AND 
PROSECUTION 
TO 
THE 
PROPER 
B. 
RECOMMEND 
SUSPENSION 
OR 
REVOCATION 
OF 
LICENSES OF MEDICAL PRACTITIONERS AFTER PROPER 
INVESTIGATION FOR VIOLATION OF THIS ACT; 
C. 
RECOMMEND 
SUSPENSION 
OR 
REVOCATION 
OF 
LICENSE 
TO 
OPERATE 
ISSUED 
TO 
DRUG 
ESTABLISHMENTS 
OR 
DRUG 
OUTLETS 
AFTER 
INVESTIGATION; 
D. 
PERIODICALLY RECOMMEND TO CONGRESS MEASURES 
UPDATING 
THE 
LAW 
TO 
CONFORM 
WITH 
THE 
PREVAILING SITUATION; AND, 
E. 
PROMULGATE RULES AND REGULATIONS AS MAY BE 
DEEMED NECESSARY TO CARRY OUT THE PROVISIONS 
OF THIS ACT." 
SEC. 3. Subsequent Sections shall be renumbered accordingly. 
43 
SEC. 4. Section 12, now renumbered as Section 13, of the same Act is 
44 hereby amended to read as follows: 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
55 
56 
57 
"Sec [12]13. Penalty. -
"A. Any person who shall violate Sec. 6 (a) or 6 (b) of R.A. 6675 
shall suffer the penalty graduated hereunder, viz: 
(a) For the first conviction, he shall suffer the penalty of reprimand, 
which shall be officially recorded in the appropriate books of the 
Professional Regulatory Commission; 
(b) For the second conviction, the penalty of fine in the amount of 
not less than [Two Thousand Pesos (P2,000.00)] TEN THOUSAND 
PESOS (P10,000.00) but not exceeding [Five Thousand Pesos 
2 


1 
(P5,000.00)] 1WENTY THOUSAND PESOS (P20,OOO.OO) at the 
2 
discretion of the court; 
3 
4 
(c) For the third conviction, the penalty of fine in the amount of not 
5 
less 
than 
[Five 
Thousand 
Pesos 
(P5,000.00)1 
1WENTY 
6 
THOUSAND PESOS (P20,000.00) but not exceeding [Ten 
7 
Thousand 
Pesos 
(PIO,OOO.OO)] 
FIFTY THOUSAND 
PESOS 
8 
(P50,000.00) and suspension of his license to practice his 
9 
profession for [thirty (30) SIXTY (60) days at the discretion of the 
10 
court; 
11 
12 
(d) For the fourth and subsequent convictions, the penalty of fine no 
13 
less than [Ten Thousand Pesos (Pi0,QOO.OO)) FIFTY THOUSAND 
14 
PESOS (P50,OOO.00) and suspension of his license to practice his 
15 
profession for [One (1)]1WO years at the discretion of the court. 
16 
17 
"B. Any judicial person who violates Section 6 (c), 6 (d), 7 and 8 
18 
shall suffer the penalty of a fine not less than [Five Thousand 
19 
Pesos (P5,000.00)] 1WENTY THOUSAND PESOS (P20,000.00) 
20 
but not more than [Ten Thousand Pesos (P10,OOO.00)] FIFTY 
21 
THOUSAND PESOS (P50,000.OO) and suspension or revocation of 
22 
license to operate such drug establishment or drug outlet at the 
23 
discretion of the court; Provided, That its officers directly 
24 
responsible for the violation shall suffer the penalty of fine and 
25 
suspension or revocation of license' to practice the profession, if 
26 
applicable, and by imprisonment of not less than [six (6) months nor 
27 
more than] ONE (1) YEAR or both fine and imprisonment at the 
28 
discretion of the court; Provided further, That if the guilty party is an 
29 
alien, he shall ipso facto be deported after service of sentence 
30 
without need of further proceedings. 
31 
32 
"C. The Secretary of Health shall have the authority to impose 
33 
administrative sanctions such as suspension or cancellation of 
34 
license to practice the profession to the Professional Regulatory 
35 
Commission as the case may be for the violation of this Act." 
36 
37 
38 
SEC. 5. Annual Report. - The Board shall submit to the Office of tM 
39 President and to Congress an annual report detailing its activities towards the 
40 implementation of this Act. 
41 
42 
43 
SEC. 6. Separability Clause. - If any part of this Act is declared invalid, 
44 the remainder or any provision hereof not affected thereby shall remain in full 
45 force and effect. 
46 
47 
48 
SEC. 7. Repealing Clause. - The provisions of any law, executive order, 
49 presidential decree or other issuances inconsistent with this Act are hereby 
50 repealed or modified accordingly. 
51 
52 
53 
SEC. 8. Effectivity. - This Act shall take effect fifteen (15) days after its 
54 approval. 
55 
56 
57 
Approved, 
3