PHARMACEUTICAL AND HEALTHCARE
Petitioner,
- versus - CIVIL CASE NO. 00-1374
SECRETARY OF HEALTH, DIRECTOR
O R D E R
Before this Court is the prayer of petitioner Pharmaceutical and
Healthcare Association of the Philippines, Inc., for the issuance of
Temporary Restraining Order against the Secretary of the Department of
Health, Director of Bureau of Food and Drugs, and Philippine International
Trading Corporation.
A summary hearing was held on 27 November 2000 at 2:00 in the
afternoon to determine whether or not a temporary restraining order will be
issued to temporarily restrain respondents from implementing Administrative
Order No. 85.
Petitioner claims that A.O. No. 85 violates existing laws and
intellectual property rights of the members of the petitioner association. Its
implementation would cause proliferation of adulterated drugs and medicines
and would damage the reputation of the member pharmaceutical companies.
Respondents upon the other hand, maintain that the grounds relied
upon by the petitioners would not warrant the issuance of a TRO. There is
irreparable damage that will be suffered by petitioner.
Also, respondents raised two (2) technical issues, these are:
1. That the verification of the petition is defective; and
2. That the petitioner is not a real party in interest.
In response to the technicalities raised, petitioner argues that the
petition was properly verified and that the members of the association
(petitioner herein) have given their individual authorization to file the instant
petition for prohibition.
ON THE TECHNICAL ISSUES:
1) An examination of the verification of the petition (Records, p. 25)
reveals that the same has complied with the requirements set forth under
Section 4 Rule 7 of the 1997 Rules of Civil Procedure in that the affiant
read the petition and the allegations therein are true and correct of his
knowledge and belief. The verification reads:
2) With regard to the contention that the petition was filed not by
the
real party in interest, this Court rules that petitioner Pharmaceutical and
Healthcare Association, Inc., represented by Leo Wassmer has the legal
personality to institute and pursue the present petition for prohibition. This is
so, because the Association has been authorized by its members manifested
by counsel for petitioner.
On the propriety of the issuance of TRO, this Court finds that the
petitioner's prayer for issuance of TRO or Writ of Preliminary Injunction
cannot be granted.
Petitioner failed to convince the Court that the implementation of A.O.
No. 85 will, not only work injustice but also cause irreparable damage to the
members of petitioner association.
Upon the other hand, the importation of the "similarly branded
medicine" in accordance with the subject A.O. No. 85 will be beneficial to
patients of Government hospitals by making these drugs available to them at
a price lower than the prevailing price of the same drugs dispensed by the
members of petitioner association.
WHEREFORE, in view of the foregoing, this Court finds the Petition
for Prohibition sufficient in form and substance. However, the prayer for the
issuance of Temporary Restraining Order is DENIED for lack of merit.
To expedite the proceedings on the Petition, this Court will no longer
set the case for hearing on the prayer for the issuance of the Writ of
Preliminary Injunction, instead the respondents are directed to file their
comment on the petition within ten (10) days from receipt of this Order.
SO ORDERED.
City of Makati, November 28, 2000.
DELIA M. PANGANIBAN
ASSOCIATION OF THE PHILIPPINES,
INC.,
OF BUREAU OF FOOD AND DRUGS,
and PHILIPPINE INTERNATIONAL
TRADING CORPORATION,
Respondents," LEO WASSMER, of legal age, subscribing under oath, states
that he is the Executive Vice President and Chief Executive Officer of
Pharmaceutical and Healthcare Association of the Philippines,
petitioner in this case, and that he has read the petition, the contents of
which are true and correct of his knowledge and belief."
J u d g e