PRESENT: Hon. Robert N.

Cong, City Vice Mayor

Presiding Officer
Hon. Salutario B. Cuasito, SP Member
Hon. Harris Glenn D. Puyot, SP Member
Hon. Ernie M. Ceniza, SP Member, Plenary Floor Leader
Hon. Daniel O. Racaza, SP Member
Hon. Lorito Q. Maragaas, SP Member
Hon. Raykito M. Kittilstvedt, SP Member
Hon. Ceasar Jomer Y. Ong Oh, SP Member
Hon. Ernesto G. Tapales, SP Member
Hon. Lito B. Bulasa, SP Member, Liga ng Barangay Pres.
Hon. Mark Lito O. Polgarinas, SP Member, CSK Federation Pres.
ABSENT: None.

CITY ORDINANCE NO. 2009-19

AN ORDINANCE MANDATING EVERY PHARMACY/DRUGSTORE

TO EMPLOY PHARMACIST/S AND REQUIRING HIM/HER TO STAY
WHILE THE SAID PHARMACY/DRUGSTORE IS OPEN FOR
BUSINESS AND REGULATING THE SELLING AND DISPENSING OF
DRUGS/MEDICINES AND PROVIDING PENALTY FOR VIOLATION
THEREOF AND FOR OTHER PURPOSES.

WHEREAS, medicine/drug is one of the remedies in curing illness and it

served a vital role in prolonging human life. But a wrong prescription of the same will
endanger the lives and worsen the health of the consuming public and even cause
death;

WHEREAS, rampant practices of selling and dispensing of medicines without

requiring the buying public to present Rx or prescription. Ergo, dispensing of
drugs/medicines without Rx or prescription is dangerous to human life;

WHEREAS, the name of a pharmacist is being used in a Pharmacy Store or

Drugstore even if he/she is not there or present just to deceive the buying public;

WHEREAS, the presence of a Pharmacist in a Pharmacy Store or Drugstore

is necessary and significant so that any questions or clarifications from the buying
public regarding drugs/medicines can be referred to the said pharmacist and can be
answered immediately.
NOW THEREFORE

BE IT ORDAINED, by the 1st Sangguniang Panlungsod, in its 98 th

Regular Session assembled, t h at:

SECTION 1. Scope and Applicability- this Ordinance shall equally be

applied to all stores selling drugs/medicines particularly the pharmacies/drugstores
within the City of Cabadbaran except Botika ng Barangay.
City Ord. No. 2009-19 - -/
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SECTION 2. Objective - This Ordinance provides for and shall govern

(a) the standardization and regulation of selling and dispensing of medicines/drugs
and (b) requiring pharmacists to be in the pharmacies or drugstores while it is on
business.

SECTION 3. Definition of Terms- For purposes of this Ordinance, the

following terms are hereby defined:

a.. "Pharmacy" or "Drug Store" means a place of establishment where drugs,

chemical products, active principles of drugs, pharmaceuticals, proprietary medicines
or pharmaceutical specialties, devices, and poisons are sold at retail and where
medical, dental and veterinary prescriptions are compounded and dispensed.

b. "Drug" means (1) articles intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in man or animals; (2) articles (other than food)
intended to affect the structure or function of the body of man or animals; and articles
intended for use as a component of any articles specified in clauses (1) or (2) but do
not include devices or their components, parts or accessories.

c. "Proprietary Medicines" means any drug, preparation or mixture of drugs

marked under a trade name and intended for the cure, mitigation, treatment, or
prevention of disease in man or animals.

d. Device" means instrument, apparatus, or contrivances including their

components, parts and accessories, intended (1) for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in man or animals; or (2) to affect the
structure or any function of the body in man or animals.

e. Authority shall mean the City Mayors Office in coordination with the City
Health Office and PNP Cabadbaran.

f. Pharmacists - any person who had taken the pharmacy examinations and
passed the same and duly issued a license by the Professional Regulation
Commission (PRC).

g. Rx shall mean the prescription.

SECTION 4. Provisions relative to dispensing of anti-conceptional

substances and devices. No drug or chemical product or device shall be delivered
or sold to any person without a proper prescription by a duly licensed physician.

SECTION 5. Provisions relative to dispensing of potent drugs Every

pharmacist who dispenses, sells or delivers any drug which falls under the
classification of the Food and Drug Administration and of the City Health Office
as potent drugs shall do so only upon prescription of a duly licensed physician,
dentist, veterinarian and ophthalmologist.
City Ord. No. 2009-19 - -/
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.SECTION 6. Sales of medicine, pharmaceuticals, drugs, devices. - No

medicine, pharmaceutical or drug of whatever nature and kind or device shall be
compounded, dispensed, sold or resold, or otherwise be made available to the
consuming public except through a prescription.

SECTION 7. No pharmacist dispensing or compounding prescription shall

substitute the drug or drugs called for in the prescription with any other drug or
substance or ingredient without prior consultation with physician issuing the
prescription and with a written consent of the person prescribing.

SECTION 8. Display of certificate required - It shall be the duty of every

pharmacist engaged in the practice of pharmacy either on his own account or under
the employ of another to display his certificate of registration in a prominent and
conspicuous place in pharmacy, drugstore, hospital pharmacy or drug establishment
which he/she operates or in which he/she is employed. No pharmacist shall with
his/her knowledge allow his/her certificate of registration to be displayed in such
establishments when he/she is not actually employed or operating therein in his/her
professional capacity.

SECTION 9. Pharmacist required - Every pharmacy, drugstore or hospital

pharmacy whether owned by government or a private person or firm shall at all times
when open for business be under the personal and immediate supervision of a
registered pharmacist: Provided, that no pharmacist shall have personal supervision
of more than one such establishment. In case where a drug establishment operates in
more than one shift, each shift must be under the supervision and control of a
registered pharmacist. Provided further, that a pharmacist in charged of a drugstore
shall be present all the times when open for business. (One Pharmacy One
Pharmacist Rule)

SECTION 10. Penal Provisions - Any owner of a pharmacy or drugstore or

pharmacist who shall violate any of the provisions of this Ordinance shall upon
conviction, be sentenced to a fine of not less than Two Thousand Pesos (P 2,000.00)
but not more than Four Thousand Pesos (P 4,000.00) or an imprisonment of not
less than one (1) month and one (1) day but not more than six (6) months, and
the revocation of his/her business permit and closure of the business
establishment in case of the owner and revocation of his/her license or suspension
in case of a pharmacist.
City Ord. No. 2009-19 - -/
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SECTION 11. Implementing Agency- it is now the duty and responsibility of

the City Mayors Office in coordination with the City Health Office to implement this
Ordinance and to list down all drugs/medicines that can be bought without
prescriptions and those with prescriptions without prejudice to the provisions of
sections 4, 5, and 6 hereof.

The City Mayors Office in coordination with the City Health Office, as an
implementing agency is hereby authorized to apprehend and prosecute violators
of this Ordinance without prejudice to the right of the aggrieved party to file a case
under existing laws.

SECTION 12. Suppletory Clause- in case of insufficiency of this ordinance,

all laws with the same intent particularly R.A 5921 otherwise known as an Act
regulating the practice of Pharmacy and setting standards of Pharmaceutical
education in the Philippines and for other purposes, R.A. 3720 otherwise known as
Drug Laws and R.A. 6675 otherwise known as Generic Law shall be to supplement
this ordinance.

SECTION 13. Separability Clause- in the event that any of the provisions of
this ordinance shall be declared invalid and unconstitutional, the remaining
unaffected shall be in full force and effect.

SECTION 14. Repealing Clause- All local legislations inconsistent with this
ordinance shall be repealed accordingly.

SECTION 15. Effectivity- this ordinance shall take effect upon approval and
after 15 days of posting in three (3) conspicuous places within the City of
Cabadbaran.

ENACTED AND APPROVED: OCTOBER 08, 2009

Author : Hon. Harris Glenn D. Puyot
Co-authors : Hon. Raykito M. Kittilstvedt
Hon. Mark Lito O. Polgarinas
Movant : Hon. Harris Glenn D. Puyot
Seconder : Hon. Ernesto G. Tapales

CERTIFIED CORRECT:

ROBERT N. CONG
City Vice Mayor
Presiding Officer
City Ord. No. 2009-19 - -/
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SALUTARIO B. CUASITO HARRIS GLENN D. PUYOT

SP Member SP Member

ERNIE M. CENIZA DANIEL O. RACAZA

SP Member SP Member

LORITO Q. MARAGAAS RAYKITO M. KITTILSTVEDT

SP Member SP Member

CEASAR JOMER Y. ONG OH ERNESTO G. TAPALES

SP Member SP Member

LITO B. BULASA MARK LITO O. POLGARINAS

SP Member, Liga ng Barangay Pres SP Member, CSK Federation
Pres.

ATTESTED:

NELIA T. PINUNGGAN
Secretary to the Sangguniang Panlungsod

Submitted to the Mayor:

Date: ______________

APPROVED:

DALE B. CORVERA
City Mayor
lmbcityordno2009-19