181.

PHARMACEUTICAL V DOH
FACTS: This is a petition seeking to nullify AO no 2006-0012 entitled Revised
Implementing Rules and Regulations of Executive Order 51 otherwise known as the
Milk Code Relevant International Agreements, Penalizing violations thereof and for
other purposes.DOH was impleaded in their capacity as officials of said executive
agency. Petitioner questions the validity of different provisions of said AO including
Section 46 of the RIRR which provides for administrative sanctions.
ISSUE: W/N Sec 46 was valid?
HELD: Neither the Milk Code nor the Revised Administrative Code grants the DOH the
authority to fix or impose administrative fines. Thus, without any express grant of power
to fix or impose such fines, the DOH cannot provide for those fines in the RIRR. In this
regard, the DOH again exceeded its authority by providing for such fines or sanctions in
Section 46 of the RIRR. Said provision is, therefore, null and void.