Title
Drugstores Association of the Philippines, Inc. vs. National Council on Disability Affairs
Case
G.R. No. 194561
Decision Date
Sep 14, 2016
A law granting PWDs a 20% medicine discount was upheld as constitutional, deemed a valid exercise of police power, and compliant with due process and equal protection.

Case Digest (G.R. No. 194561)
Expanded Legal Reasoning Model

Facts:

  • Legislative Background
    • Republic Act No. 7277 (1992) – “Magna Carta for Disabled Persons”:
      • Defines “disabled persons,” “impairment,” and “disability.”
      • Declares State policy to rehabilitate and integrate disabled persons.
    • Republic Act No. 9442 (2007) – Amending RA 7277:
      • Renames beneficiaries as “persons with disability (PWD).”
      • Grants PWDs a 20% discount on medicine purchases.
      • Allows establishments to deduct cost of discounts from gross income.
  • Implementing Rules and Administrative Issuances
    • Joint IRR of RA 9442 (2008):
      • Confirms PWD definitions and discount privilege for medicines.
      • Requires proof of entitlement (LGU-issued ID, passport, NCDA fare ID).
      • Prescribes tax-deduction mechanics for establishments.
    • NCDA Administrative Order No. 1, s. 2008:
      • Establishes PWD-ID issuance procedures via LGUs.
      • Specifies documentary requirements by type of disability (apparent vs non-apparent).
    • DOF Revenue Regulations No. 1-2009:
      • Details conditions under which establishments deduct discounts from gross income.
    • DOH Administrative Order No. 2009-0011:
      • Prescribes prescription and record-keeping requirements for medicine discounts.
      • Limits dispensing to one-month supply, mandates special register for PWD transactions.
  • Procedural History
    • Petition for Prohibition filed by Drugstores Association (July 28, 2009) seeking to enjoin RA 9442 and its IRR, NCDA A.O. No. 1, DOF RR No.1-2009, and DOH A.O. No. 2009-0011.
    • Court of Appeals Decision (July 26, 2010):
      • Upheld constitutionality of statutes and issuances.
      • Suspended effectivity of NCDA A.O. No. 1 pending proof of publication and registration.
    • CA Resolution (Nov 19, 2010):
      • Dismissed motions for reconsideration by petitioners.
      • Lifted suspension after proof of NCDA A.O. No. 1 publication and ONAR filing.
    • Petition for Review on Certiorari filed with the Supreme Court; petitioners pray for annulment of CA rulings and injunctive relief.

Issues:

  • Whether the mandatory 20% PWD discount constitutes a valid exercise of police power or an invalid exercise of eminent domain requiring compensation.
  • Whether Section 32 of RA 7277 (as amended) and related issuances violate substantive due process.
  • Whether the statutory and IRR definitions of “disability” are vague, ambiguous, or unconstitutional.
  • Whether the 20% discount on medicines violates the equal protection clause by unfairly singling out drugstores.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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