QuestionsQuestions (EXECUTIVE ORDER NO. 155)
RA 9502 declares it a policy of the State to protect public health and, when public interest or circumstances of extreme urgency so require, to adopt appropriate measures to promote and ensure access to affordable quality drugs and medicines for all.
EO No. 104 imposed Maximum Retail Price (MRP) and/or Maximum Wholesale Price (MWP) on selected drug molecules/formulas (87 drug molecules or 133 drug formulas) addressing leading causes of morbidity, and created a Technical Working Group (TWG) for further price review.
EO No. 155 imposes price regulation through MRP and/or MWP on 34 drug molecules or 71 drug formulas listed in Annex A of the Order.
Every manufacturer, importer, distributor, wholesaler, trader, or retailer of a drug/medicine intended for sale must display the retail price not exceeding the MRP.
The MRP must be preceded by the words “RETAIL PRICE NOT TO EXCEED” and “UNDER DRUG PRICE REGULATION,” printed on a red strip, clearly printed on the label of the immediate container and the minimum pack offered for retail.
No. The labelling requirement also applies to drug formulas or medicines under MRP through EO No. 104.
DOH, in consultation with DTI, must review the list six (6) months after effectivity, and then every 6 months thereafter.
DOH conducts the review in consultation with DTI; the review covers the list of medicines and their corresponding MRPs and/or MWPs.
DOH, in consultation with relevant agencies (including DTI and the Philippine Competition Commission), must study and propose measures such as pooled procurement, price negotiation, and other mechanisms influencing supply, demand, and expenditure on drugs and medicines.
The measures must be in accordance with RA 9502 and other relevant laws and regulations.
DOH shall formulate guidelines for the effective implementation of EO No. 155 as may be necessary.
The Presidential Communications Operations Office is directed to provide necessary support and assistance to DOH for dissemination of information about the Order.
All other government agencies and instrumentalities (including GOCCs, government financial institutions, and state colleges/universities) are directed to support DOH in information dissemination, enforcement, and implementation.
Violations are to be dealt with in accordance with RA 9502 and related laws; EO 155 specifically directs the Secretary of Health to investigate alleged violations, impose administrative fines/penalties, and call upon/deputize government entities for assistance.
EO No. 155 invokes Section 19 of RA 9502 to direct the Secretary of Health to investigate alleged MRP/MWP violations, impose administrative fines and penalties, and deputize necessary entities.
Within a non-extendable period of 90 days from effectivity, existing inventory stock shall be disposed of at prevailing prices; thereafter, regardless of existing stock status, the MRP and/or MWP under the Order must be strictly implemented.
EO No. 821 (s. 2009) is expressly repealed. All executive issuances, orders, rules, and regulations, or parts inconsistent with EO No. 155 are revoked or modified accordingly.
It takes effect upon publication in the Official Gazette or in a newspaper of general circulation.