Documente Academic
Documente Profesional
Documente Cultură
MAIN: W/N the DOH acted w/o or in excess of their jurisdiction, or with grave abuse of discretion
amounting to lack of excess of jurisdiction and in violation of the Constitution by promulgating the RIRR.
Held:
Sub-issue:
Yes for ICBMS. Under 1987 Consti, intl law can become domestic law by transformation (thru
constitutional mechanism such as local legislation) or incorporation (mere constitutional declaration i.e
treaties) The ICBMS and WHA resolutions were not treaties as they have not been concurred by 2/3 of all
members of the Senate as required under Sec, 21, Art 8. However, the ICBMS had been transformed into
domestic law through a local legislation such as the Milk Code. The Milk Code is almost a verbatim
reproduction of ICBMS.
No for WHA Resolutions. The Court ruled that DOH failed to establish that the provisions pertinent WHA
resolutions are customary intl law that may be deemed part of the law of the land. For an intl rule to be
considered as customary law, it must be established that such rule is being followed by states because
they consider it as obligatory to comply with such rules (opinion juris). The WHO resolutions, although
signed by most of the member states, were enforced or practiced by at least a majority of member states.
Unlike the ICBMS whereby legislature enacted most of the provisions into the law via the Milk Code, the
WHA Resolutions (specifically providing for exclusive breastfeeding from 0-6 months, breastfeeding up to
24 Months and absolutely prohibiting ads for breastmilk substitutes) have not been adopted as domestic
law nor are they followed in our country as well. The Filipinos have the option of how to take care of their
babies as they see fit. WHA Resolutions may be classified as SOFT LAW non-binding norms, principles
and practices that influence state behavior. Soft law is not part of intl law.
Main issue:
Yes. Some parts of the RIRR were not in consonance with the Milk Code such as Sec. 4(f) ->advertising,
promotions of formula are prohibited,
Sec 11 -> prohibitions for advertising breastmilk substitutes intended for infants and young children uo to
24 months
And Sec 46 -> sanctions for advertising .
These provisions are declared null and void. The DOH and respondents are prohibited from implementing
said provisions.