Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

4808

House Bill No.

Introduced by Representatives
ESTRELLITA B. SUANSING and HORACIO P. SUANSING, JR.

EXPLANATORY NOTE

‘The Food and Drug Administration or FDA is an essential government
agency tasked with the regulation and monitoring of the health products
industry and its products under its jurisdiction. The FDA’s functions and
powers include the following, such as, but are not limited to: collecting
samples of health products; analyzing and inspecting health products,
establishing analytical data to serve as basis for the preparation of health
products standards, and to recommend standards of identity, purity, safety,
efficacy, quality and full of container; issuing certificates of compliance with
technical requirements and the like.

‘The FDA was recently strengthened by establishing adequate testing
laboratories and field offices, its equipment upgraded, its human resource
complement augmented and has been authorized to retain its income by RA
9711 thereby amending RA 3720.

Now, a review of RA 9711 reveals Sec. 4, to wit:

“SEC. 4. To carry out the provisions of this Act, there is
hereby created an office to be called the Food and Drug
Administration (FDA) in the Department of Health (DOH). Said
Administration shall be under the Office of the Secretary...”

Given this organizational structure in the Department of Health vis-a-
vis the Food and Drug Administration or FDA, there can be instances of
potential conflicts of interest here and may affect the independence and
autonomy of the agency in making its decisions if it is under the Secretary of
Health’s supervision. To ensure the FDA’s independence and free it from the
clout of the Secretary of Health, it would be prudent, to transfer supervision
and control of the FDA from the Department of Health to the Office of the
President of the Republic of the Philippines.


Hence, the passage of this bill is sought.

“EST! B. $UANSING REP. HORACIO P/SUANSING, JR.
1* District, NuevajEcija 24 District, Sultan Kudarat


Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

4808
House Bill No.

Introduced by Representatives
ESTRELLITA B. SUANSING and HORACIO P. SUANSING, JR.

AN ACT
TRANSFERRING THE FOOD AND DRUG ADMINISTRATION FROM THE
DEPARTMENT OF HEALTH TO THE OFFICE OF THE PRESIDENT OF THE
REPUBLIC OF THE PHILIPPINES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Transferring the Supervision and Control of the Food and
Drug Administration. - The supervision and control including the applicable
funds and appropriations, records, equipment, property and personnel of the
Food and Drug Administration (FDA) are hereby transferred from the
Department of Health to the Office of the President of the Republic of the
Philippines.

All agreements and contracts entered into by the Food and Drug
Administration shall remain in full force and effect unless otherwise terminated,
modified or amended by the Office of the President of the Republic of the
Philippines.

SECTION 2. Powers and Functions. - The Food and Drug Administration shall
continue to exercise its full powers and functions under existing laws.

SECTION 3. Director General of the Administration. - The current Director
General including all Deputy Director Generals of the Food and Drug
Administration shall continue their respective duties and functions.


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SECTION 4. Implementing Rules and Regulations. - The Office of the
President in close coordination with the Food and Drug Administration shall
promulgate the Implementing Rules and Regulations for the effective
implementation of this Act within ninety (90) days upon the approval of this Act.

SECTION. 5. Repealing Clause. - All, laws, decrees orders, rules and
regulations which are inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.

SECTION 6. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any newspaper of general circulation.

Approved,