Title
Supreme Court
Southern Luzon Drug Corp. vs. Department of Social Welfare and Development
Case
G.R. No. 199669
Decision Date
Apr 25, 2017
A drugstore challenged laws granting senior citizens and PWDs 20% discounts, claiming undue burden. SC upheld laws as valid police power, prioritizing public welfare over private profit.

Case Digest (G.R. No. 199669)
Expanded Legal Reasoning Model

Facts:

  • Parties and Procedural History
    • Southern Luzon Drug Corporation (petitioner), a domestic corporation operating drugstores, filed before the Court of Appeals (CA) a Petition for Prohibition with Application for TRO and/or Writ of Preliminary Injunction, assailing the implementation of:
1) Section 4(a) of R.A. No. 9257 (Expanded Senior Citizens Act of 2003), granting a 20 % discount on medicines and treating it as tax deduction from gross income; and 2) Section 32 of R.A. No. 9442 (Magna Carta for Disabled Persons), similarly granting a 20 % discount on medicines to persons with disability (PWDs) as tax deduction.
  • The CA dismissed the petition on June 17, 2011, and denied petitioner’s motion for reconsideration on November 25, 2011. Petitioner then filed a Petition for Review on Certiorari under Rule 45 before the Supreme Court.
  • Legislative and Regulatory Background
    • R.A. No. 7432 (1992) granted senior citizens aged ≥ 60 a 20 % discount on medicines, recoverable by establishments as tax credit subject to an income ceiling.
    • R.A. No. 9257 (2004) removed the income ceiling, retained the 20 % discount, and modified its tax treatment to a deduction from gross income based on net cost of goods sold. DSWD issued IRR in May 2004, confirming tax deduction treatment, subject to BIR/DOF Revenue Regulations.
    • R.A. No. 7277 (1992) codified Magna Carta for Disabled Persons; R.A. No. 9442 (2007) amended it by inserting Chapter 8 granting PWDs a 20 % discount on medicines, likewise recoverable as tax deduction. A joint IRR was promulgated by DSWD and other agencies.
  • Prior Jurisprudence
    • In Carlos Superdrug Corp. v. DSWD (G.R. No. 166494, 2007), the Supreme Court upheld Section 4(a) of R.A. 9257 as a valid exercise of police power, rejecting takings and due process/equal protection challenges.
    • Petitioner argued the same issues before the CA in 2011, which invoked stare decisis and jurisdictional grounds to dismiss, and held prohibition improper for constitutional challenge.

Issues:

  • Whether a Petition for Prohibition before the CA is a proper remedy to assail the constitutionality of Sections 4(a) of R.A. 9257 and 32 of R.A. 9442.
  • Whether the Supreme Court’s ruling in Carlos Superdrug constitutes stare decisis and bars relitigation of the issues.
  • Whether the 20 % discount and its tax-deduction treatment are a valid exercise of police power or an invalid exercise of eminent domain requiring just compensation.
  • Whether elimination of the senior-citizen income ceiling and grant of identical 20 % discount to all senior citizens and PWDs violates equal protection.
  • Whether definitions of “disability” and “persons with disability” in R.A. 9442 and its IRR are vague, depriving PWDs and establishments of due process.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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