Case Digest (G.R. No. 7262)
Facts:
The case at hand is titled Francisco Gonzalez y Salazar vs. The Board of Pharmacy, created by Act No. 597, and the Secretary-Treasurer of said Board. The action was formally initiated on October 21, 1911. Plaintiff Francisco Gonzalez y Salazar sought a writ of mandamus compelling the Board of Pharmacy of the Philippine Islands to issue him a license to practice pharmacy. Gonzalez was a resident of the Philippines and a graduate of the College of Pharmacy in Spain, having attained the qualifications mandated for pharmacists under Philippine law. From 1887 to 1895, he was duly licensed and practiced pharmacy in Antique, Panay, maintaining his own drugstore, with his license remaining active and never revoked or canceled.
Upon the enactment of Act No. 597, which regulated pharmacy practice in the Philippine Islands, Gonzalez claimed that he had made a formal application to the Board for registration as a pharmacist, but the Board refused on the grounds that he had not registered
Case Digest (G.R. No. 7262)
Facts:
- Plaintiff's Background:
- Francisco Gonzalez y Salazar, a resident of the Philippine Islands, is an alumnus of the College of Pharmacy of Spain.
- He completed all required studies and possessed the qualifications necessary to practice pharmacy.
- From 1887 to 1895, he was licensed and practiced pharmacy in Antique, Panay, owning and operating a drug store.
- His license was never revoked or canceled.
- Claim Against the Board of Pharmacy:
- Gonzalez demanded a license and certificate of registry from the Board of Pharmacy under Section 9 of Act No. 597.
- The Board refused, citing his failure to register within 120 days of the Act's passage (Section 11) and lack of qualifications under the statute.
- Plaintiff's Defense for Non-Registration:
- Gonzalez claimed he was in the interior of Negros during the 120-day period and was unaware of the registration requirement.
- Upon learning of the requirement, he petitioned the Governor-General for late registration, supported by certificates from pharmacists in Panay and Negros.
- Despite his efforts, the Board denied his request.
- Relevant Provisions of Act No. 597:
- Section 3: Outlines the types of certificates the Board can issue (e.g., registered pharmacist, second-class pharmacist, apprentice, Chinese druggist).
- Section 7: Prohibits practicing pharmacy without a certificate of registration after 60 days of the Board's first meeting.
- Section 9: Grants certificates to graduates of the University of Santo Tomas without examination.
- Section 11: Requires existing pharmacists to register within 120 days of the Act's passage; failure to do so necessitates an examination.
- Plaintiff's Legal Position:
- Gonzalez argued that the Board's refusal violated his rights and deprived him of his profession.
- He sought a writ of mandamus to compel the Board to issue him a license.
Issues:
- Whether the Board of Pharmacy had a legal duty to issue Gonzalez a license without requiring him to pass an examination or meet the registration deadline under Act No. 597.
- Whether Gonzalez had a clear legal right to the issuance of a license under the circumstances.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)