Scribbles of a Lunatic Mind: Del Rosario vs.

Bengzon (December 21, 1989)

11/23/13 11:55 PM

Scribbles of a Lunatic
Mind
I'M A SCHIZOPHRENIC! I'M HAPPY! I'M PROUD TO BE ONE!
HOME

Home

POSTS RSS

Political Law

COMMENTS RSS

enter your keywords here...

EDIT

Del Rosario vs. Bengzon (December 21, 1989)

Share

Del Rosario vs. Bengzon (December 21, 1989)

FOLLOW BY EMAIL
Post under case digests, Political Law at Sunday, March 18, 2012 Posted by Schizophrenic Mind

Facts: Philippine Medical Association is the national organization of

medical doctors in the Philippines. They assail the constitutionality of
some of the provisions of Generics Act of 1988 (Rep. Act 6675) and
the implementation of Administrative Order No. 62.
The law specifically provides that All government health agencies
shall use generic terminology or generic names in all transactions
related to purchasing, prescribing, dispensing, and administering of
drugs and medicines. It also includes medical, dental and veterinary,
private practitioners shall write prescriptions using the generic
name.

Email address... Submit

Subscribe in a reader

CATEGORIES
bar exam questionnaire (8)
case digests (612)
Civil Law (123)

The petitioners main argument is the alleged unequal treatment of

government practitioners and those on the private practice. It is
because the former are required to use only generic terminology in
the prescription while the latter may write the brand name of the
drug below the generic name. It is allegedly a specie of invalid class
legislation.
In addition, the petitioners gave a distorted interpretation on RA
6675 and Admin Order No. 62 saying that the salesgirl and or
druggist have the discretion to substitute the doctors prescription.
The court says that the salesgirl at the drugstore counter merely
informs the customer, but does not determine all the other drug
products or brands that have the same generic name and their
prices.
Issue: Whether or not the Generics Act is constitutional as to the
exercise of police power by the government.

Commercial Law (89)

Criminal Law (102)
labor law (95)
Legal Ethics (89)
MCQ (28)
personal (6)

Followers (9)
Political Law (163)
promo/discounts/freebies (56)
Psychiatry (5)
Remedial Law (112)
Taxation (85)

Held: Petition Dismissed.

The court has been unable to find any constitutional infirmity in the
Generics Act. It implements the constitutional mandate for the State
to protect and promote the right to health of the people and to
make essential goods, health and other social services available to
all the people at affordable cost.

villarama doctrines (103)

There was an error in this

gadget
Follow this blog

Live Traffic Feed

The alleged unequal treatment of government physicians, dentists

and veterinarians on one hand and those in the private practice in
the other, is a misinterpretation of the law.
A visitor from Makati,
Manila viewed "Scribbles
http://coffeeafficionado.blogspot.com/2012/03/del-rosario-vs-bengzon-december-21-1989.html

Page 1 of 3

Scribbles of a Lunatic Mind: Del Rosario vs. Bengzon (December 21, 1989)

11/23/13 11:55 PM

The salesgirl at the drugstore counter merely informs the customer

of all available products, but does not determine all the other drug
products or brands that have the same generic name and their
corresponding process.
The penal sanction in violation of the law is indispensable because
they are the teeth of the law. Without them, the law would be
toothless.
The Generics Act and the implementing administrative orders of the
Secretary of Health are constitutional.
The purpose of the Generics Act is to promote and require the use
of generic drug products that are therapeutically equivalent to their
brand name counterparts. The effect of the drug does not depend
on its brand but on the active ingredients which it contains.

0 COMMENTS: ON "DEL ROSARIO VS. BENGZON (DECEMBER 21, 1989)"

POST A COMMENT

Enter your comment...

Comment as:

Publish

Google Account

Preview

Newer Post

Home

Older Post

Subscribe to: Post Comments (Atom)

http://coffeeafficionado.blogspot.com/2012/03/del-rosario-vs-bengzon-december-21-1989.html

Manila viewed "Scribbles

of a Lunatic Mind: Del
Rosario vs. Bengzon
(December 21, 1989)" 0
secs ago
A visitor from Muntinlupa
City, Rizal viewed
"Scribbles of a Lunatic
Mind: Gaston vs. Republic
Planters Bank" 7 mins ago
A visitor from Philippines
viewed "Scribbles of a
Lunatic Mind: Briccio
Ricky A. Pollo vs.
Chairperson Karina
Constantino-David, et al.,
G.R. No. 181881. October
18, 2011." 10 mins ago
A visitor from Philippines
viewed "Scribbles of a
Lunatic Mind: Carlos
Superdrug Corp. v. DSWD,
526 SCRA 130 (2007)" 10
mins ago
A visitor from Philippine,
Benguet left "Scribbles of a
Lunatic Mind: Rommel
Jacinto, Dantes Silverio vs.
Republic of the Phil. G. R.
No. 174689, October 19,
2007" via
feeds.feedburner.com 10
mins ago
A visitor from Philippine,
Benguet viewed "Scribbles
of a Lunatic Mind:
Rommel Jacinto, Dantes
Silverio vs. Republic of the
Phil. G. R. No. 174689,
October 19, 2007" 13 mins
ago
A visitor from Quezon City
viewed "Scribbles of a
Lunatic Mind: Procter &
Gamble vs. Municipality of
Jagna" 14 mins ago
A visitor from Philippines
viewed "Scribbles of a
Lunatic Mind: Yrasuegui v.
PAL, 569 SCRA 467
(2008)" 14 mins ago
A visitor from Malolos,
Bulacan viewed "Scribbles
of a Lunatic Mind:
Malayan Insurance Co.,
Inc. vs. CA [G.R. No. L36413, 26 September
1988]" 18 mins ago
A visitor from Philippines
viewed "Scribbles of a
Lunatic Mind: People of
the Philippines vs. Hermie
M. Jacinto, G.R. No.
182239. March 16, 2011"
22 mins ago

258,225

RECOMMENDED READS
bethere2day
blog-links-exchange
BLOG-PH.com
Maruism
NURSINGnle
Philippine

Case

Digests

Databank
Scire Licet
The Digester
Uberdigests

ARCHIVE
Archive

Page 2 of 3