Title
Supreme Court
Mandatory Use of PNDF for Gov't Drug Procurement
Law
Executive Order No. 49
Decision Date
Jan 21, 1993
A law in the Philippines mandates the use of the Philippine National Drug Formulary for the procurement of drug products by government entities, promoting the use of generic drugs and ensuring the availability and accessibility of essential drugs.

Law Summary

Mandate for Use of the Philippine National Drug Formulary (PNDF) Volume I

  • The Executive Order directs all government entities to use the current PNDF (Volume I) as the basis for procuring drug products.
  • PNDF Volume I is the Essential Drugs List created by the National Drug Committee in collaboration with medical experts and the pharmaceutical industry.
  • The PNDF is updated annually and comprises two parts:
    • Core List: Essential drugs required by the majority, to be available always in proper dosage and quantity.
    • Complementary List: Drugs for rare disorders, special pharmaceutical properties, or alternatives when Core List drugs cannot be used.

Procurement and Compliance Procedures

  • Therapeutic Committee, Physician-in-Charge, or Procurement Officer must determine the products and quantities to be procured.
  • Every drug requisition or purchase request must be accompanied by a certification that the drugs conform with the current PNDF Volume I.
  • Emergency purchases under the General Appropriation Act are also subject to this requirement.
  • The Commission on Audit is tasked to monitor compliance and disallow payments for drugs outside the PNDF list.

Request and Approval for Non-PNDF Drugs

  • Requests for drugs not listed in PNDF Volume I require written justification addressed to the Head of the National Drug Policy Office.
  • This office may consult the National Drug Committee to decide approval or disapproval of such requests.

Penalties for Violations

  • Any breach of the order is considered gross misconduct or conduct prejudicial to public service.
  • Violations are subject to administrative sanctions under Presidential Decree 807 and Civil Service Commission Memorandum Circular No. 30, series of 1989.

Immediate Effectivity

  • This Executive Order took effect immediately upon issuance on January 21, 1993, reinforcing the government's commitment to rational drug procurement and use to promote public health.

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