Case Summary (G.R. No. 149907)
Factual Background
On August 14, 2000, NBI operatives and BFAD inspectors executed a search warrant at Roma Drug in San Matias, Guagua, Pampanga. They seized various imported antibiotics (Augmentin, Orbenin, Amoxil, Ampiclox) manufactured by SmithKline abroad and not registered locally. Although chemically identical to registered counterparts, these products lacked BFAD registration and were deemed “counterfeit” under RA 8203.
Procedural History
The NBI filed charges under Section 4 of RA 8203, alleging sale of unregistered imported drugs. During preliminary investigation, Rodriguez challenged the statute’s constitutionality. The prosecutors bypassed the challenge and recommended formal charges. Rodriguez then sought a writ of prohibition to halt further prosecution and to invalidate Sections 3(b)(3), 4, and 5 of the SLCD. The Court granted a temporary restraining order on October 15, 2001.
Parties’ Contentions
Petitioners argued that RA 8203’s provisions:
- Violate the equal protection clause.
- Contravene Section 11, Article XIII (affordable essential goods and health services).
- Contravene Section 15, Article II (right to health).
GlaxoSmithKline and the OSG countered that:
- The SLCD is presumptively constitutional.
- Policy directives in the Constitution are not self-executing.
- The Court should defer to legislative wisdom.
Subsequent Legislative Developments
Republic Act No. 9502 (2008) amended Section 72 of the Intellectual Property Code to expressly permit any private third party to import patented drugs once introduced anywhere in the world. Its Implementing Rules reiterated and clarified the unqualified right to import such medicines, thereby recognizing “unregistered imported drugs” as lawful.
Legal Analysis
Under the principle that a later statute irreconcilably conflicting with an earlier one must prevail, RA 9502 nullifies the SLCD’s classification of unregistered imported drugs as counte
...continue readingCase Syllabus (G.R. No. 149907)
Procedural Background
- Petitioners Roma Drug and its proprietor Romeo Rodriguez filed a petition for prohibition against the RTC of Guagua, Pampanga, the Provincial Prosecutor of Pampanga, BFAD and Glaxo SmithKline.
- The petition challenged the pending prosecution of Rodriguez for alleged violation of Section 4 (in relation to Sections 3 and 5) of Republic Act No. 8203 (Special Law on Counterfeit Drugs, SLCD).
- A search warrant issued by RTC Angeles City led to a raid on Roma Drug on August 14, 2000, and the seizure of imported medicines.
- Upon preliminary investigation, Rodriguez questioned the SLCD’s constitutionality; the prosecutor nevertheless recommended charges which were approved.
- The Court granted a temporary restraining order on October 15, 2001, enjoining further prosecution and directed respondents to desist.
Facts of the Case
- An NBI–BFAD team raided Roma Drug in San Matias, Guagua, Pampanga under Search Warrant No. 00-43.
- Seized products comprised imported Augmentin 375 mg tablets, Orbenin 500 mg capsules, Amoxil 250 mg capsules, and Ampiclox 500 mg.
- These drugs were identical in content and labeling to Philippine-registered counterparts, and not adulterated or mislabeled.
- They were imported directly from abroad, bypassing the local distributor (former SmithKline Beecham, now merged into Glaxo SmithKline).
- Under SLCD Section 3(b)(3), “unregistered imported drug product” is deemed “counterfeit,” irrespective of actual quality or source.
Legal Issues Presented
- Whether Sections 3(b)(3), 4 and 5 of RA 8203 contravene:
• The equal protection clause (Bill of Rights).
• Section 11, Article X