Last November 24 I wrote the Philippine International Trading Corporation (PITC) through pitc@pitc.gov.ph asking for clarification regarding its legal mandate.* In my letter, I asked the following:
"Isn't it that under Section 10 of the Generics Act of 1988, only raw materials and not finished drug products are to be imported 'during periods of critical shortage and absolute necessity' and that the government agency authorized under that law 'to import raw materials of which there is a shortage for the use of Filipino-owned or controlled drug establishments to be marketed and sold exclusively under generic nomenclature' is the Department of Health?"
Today, when I opened my mailbox, I found out I got a reply from Mr. Steve Francis A. Roldan, PITC's Legal Officer V, and this was his response:
Thank you very much for your e-mail dated November 24, 2006 expressing your support for PITC’s efforts in bringing down the prices of medicines to benefit the majority of our countrymen. In your e-mail, you seek clarification on PITC’s legal mandate, vis-à-vis Section 10 of the Generics Act of 1988.
In response to your query, please be informed of the following:
1. Under Section 11, Article XIII of the Constitution, the government is mandated to “…adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all people at affordable cost …”
2. In order to “[r]educe by half the cost of medicines through increased and improved distribution importation through PITC and local sourcing, partnership with the pharmaceutical Industry, resolution of patent issues increased use of generic products, community based initiatives”[1] and consistent with the earlier quoted provision of the Constitution, the President issued Executive Order No. 442 on July 4, 2005, designating PITC as the lead coordinating agency to make quality medicines available, affordable and accessible to the greater masses of Filipinos.
3. PITC, as an agency under the Office of the President, is mandated under Section 1, EO 442, to “…establish retail outlets nationwide and supply these outlets with low priced quality medicines…”
As can be gleaned from the foregoing, while Section 10 of the Generics Act of 1988 authorizes the Department of Health to import raw materials for the use of Filipino-owned or controlled drug establishments to be marketed and sold exclusively under generic nomenclature during periods of critical shortage and absolute necessity, PITC’s mandate is distinct from, and is not precluded by, said Section 10.
We hope to have clarified matters.
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* http://www.pitc.gov.ph/mandates.html
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