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Sec 19
People V. Dionisio22 SCRA 1299FACTS: On or about the 19th day of August, 1962, in Manila City, Rosauro Dionisio, a person who is not duly authorized in any capacity by the Games and Amusement Board to conduct a horse race, did then and there willfully and unlawfully offer, arrange and collect bets for the Special Daily Double Race being then conducted at the Sta. Ana Racing Club at Makati and for that purpose has in possession the cash amount of P8.50, one Nueva Era Racing Program, dated August 19, 1962, one list of bets, one ballpen and one booklet of Daily Double receipt. He was thereby charged in violation of Republic Act No. 3063.ISSUE: Whether or not the penalty applied to his offense infringes the Constitutional provision that “Excessive fines shall not be imposed nor cruel and unusual punishment inflicted.” (Art III Sec. 1 clause 19, of the Constitution of the Phils)RULING: Neither fines nor imprisonment constitute in themselves cruel and unusual punishment, for the Constitutional structure has been interpreted as referring to penalties that are inhumane and barbarous, or shocking to the conscience and fines or imprisonment are definitely not in this category. Nor does mere severity constitute cruel and unusual punishment.“The Social Scourge of Gambling must be stamped out. The laws against gambling
must be enforced to the limit.” (Peo v. Gorostiza, 77 Phil 88)
Del Rosario vs BengzonFacts: Philippine Medical Association is the national organization of medical doctors in the Philippines. They assail the constitutionality of some of the provisions of Generics Act of 1988 (Rep. Act 6675) and the implementation of Administrative Order No. 62.
The law specifically provides that “All government health agencies shall use generic terminology or generic names in all transactions related to purchasing, prescribing, dispensing, and administering of drugs and medicines. It also includes medical, dental and veterinary, private practitioners shall write prescriptions using the generic name.
The petitioner’s main argument is the alleged unequal treatment of government practitioners and those on the private practice. It is because the former are required to use only generic terminology in the prescription while the latter may write the brand name of the drug below the generic name. It is allegedly a specie of invalid class legislation.
In addition, the petitioners gave a distorted interpretation on RA 6675 and Admin Order No. 62 saying that the salesgirl and or druggist have the discretion to substitute the doctor’s prescription. The court says that the salesgirl at the drugstore counter merely informs the customer, but does not determine all the other drug products or
brands that have the same generic name and their prices.
Issue: Whether or not the Generics Act is constitutional as to the exercise of police power by the government.
Held: Petition Dismissed.
The court has been unable to find any constitutional infirmity in the Generics Act. It implements the constitutional mandate for the State “to protect and promote the right to health of the people” and “to make essential goods, health and other social services available to all the people at affordable cost”.
The alleged unequal treatment of government physicians, dentists and veterinarians on one hand and those in the private practice in the other, is a misinterpretation of the law.
The salesgirl at the drugstore counter merely informs the customer of all available products, but does not determine all the other drug products or brands that have the same generic name and their corresponding process.
The penal sanction in violation of the law is indispensable because they are the teeth of the law. Without them, the law would be toothless.
The Generics Act and the implementing administrative orders of the Secretary of Health are constitutional.
The purpose of the Generics Act is to “promote and require the use of generic drug products that are therapeutically equivalent to theirbrand name counterparts”. The effect of the drug does not depend on its brand but on the active ingredients which it contains.
Sec. 20
Serafin VS Lindayag
Facts: Philippine Medical Association is the national organization of medical doctors in the Philippines. They assail the constitutionality of some of the provisions of Generics Act of 1988 (Rep. Act 6675) and the implementation of Administrative Order No. 62.
The law specifically provides that “All government health agencies shall use generic terminology or generic names in all transactions related to purchasing, prescribing, dispensing, and administering of drugs and medicines. It also includes medical, dental and veterinary, private practitioners shall write prescriptions using the generic name.
The petitioner’s main argument is the alleged unequal treatment of government practitioners and those on the private practice. It is because the former are required to use only generic terminology in the prescription while the latter may write the brand name of the drug below the generic name. It is allegedly a specie of invalid class legislation.
In addition, the petitioners gave a distorted interpretation on RA 6675 and Admin Order
No. 62 saying that the salesgirl and or druggist have the discretion to substitute the doctor’s prescription. The court says that the salesgirl at the drugstore counter merely informs the customer, but does not determine all the other drug products or brands that have the same generic name and their prices.
Issue: Whether or not the Generics Act is constitutional as to the exercise of police power by the government.
Held: Petition Dismissed.
The court has been unable to find any constitutional infirmity in the Generics Act. It implements the constitutional mandate for the State “to protect and promote the right to health of the people” and “to make essential goods, health and other social services available to all the people at affordable cost”.
The alleged unequal treatment of government physicians, dentists and veterinarians on one hand and those in the private practice in the other, is a misinterpretation of the law.
The salesgirl at the drugstore counter merely informs the customer of all available products, but does not determine all the other drug products or brands that have the same generic name and their corresponding process.
The penal sanction in violation of the law is indispensable because they are the teeth of the law. Without them, the law would be toothless.
The Generics Act and the implementing administrative orders of the Secretary of Health are constitutional.
The purpose of the Generics Act is to “promote and require the use of generic drug products that are therapeutically equivalent to theirbrand name counterparts”. The effect of the drug does not depend on its brand but on the active ingredients which it contains.