QuestionsQuestions (OP EXECUTIVE ORDER NO. 49)
It cites the 1987 Constitution: (1) Article II, Section 15 (right to health and health consciousness); (2) Article XIII, Section 11 (integrated approach to health development and affordable essential goods and services); and (3) Article XIII, Section 12 (effective food and drug regulatory system and health manpower development and research).
EO 49 points to Generics Act policy in Section 2, paragraphs 3 and 4—encouraging extensive generic drug use through rational procurement/distribution and emphasizing scientific basis for therapy effectiveness—plus the promotion of essential drug list-based drugs and generic terminology.
EO 49 cites Section 4, requiring special consideration to drugs and medicines included in the essential drug list to be prepared within 180 days from approval of the Act and updated quarterly by DOH based on Philippine health conditions and internationally accepted criteria.
All concerned government entities are mandated to use the current Philippine National Drug Formulary (PNDF), Volume I (Core List and Complementary List), as the basis for procurement of drug products.
It is the Essential Drugs List for the Philippines prepared by the National Drug Committee (NDC) in consultation with experts and specialists, updated yearly, and consisting of a Core List and a Complementary List.
Core List drugs are essential drugs needed by the majority of the population and should be available at all times in appropriate dosage forms and sufficient quantities. Complementary List drugs are for rare disorders, have special pharmaceutical properties, or are alternative drugs when Core List drugs cannot be used or there is no response.
The Therapeutic Committee/Physician-in-Charge of the clinic or infirmary, or the Procurement Officer—whichever is applicable.
Every Requisition and Issue Voucher (RIV) or any request to purchase drug must be accompanied by a certification signed by the requisitioning officer that the products requisitioned or procured conform with PNDF Volume I, current edition.
Yes. EO 49 expressly states that the certification requirement applies even to drugs falling under Emergency Purchase authorized under the General Appropriation Act.
COA must instruct its unit auditors/heads to monitor compliance and to disallow in audit claims/disbursements covering procurement of drugs and medicines not within PNDF Volume I, current edition.
A written request with justification must be addressed to the Head of the National Drug Policy Office, who may approve or disapprove it. The Head may refer the request to the National Drug Committee as needed.
The Head of the National Drug Policy Office evaluates the justification and may refer it to the National Drug Committee (NDC) as needed.
Any violation is construed as conduct grossly prejudicial to the best interest of the service or grave misconduct, as the case may be, per P.D. 807 and CSC-M No. 30, series of 1989.
EO 49 references P.D. 807 and CSC-M No. 30, s. 1989.
It takes effect immediately.
It was adopted on 21 January 1993 and signed by President Fidel V. Ramos.