Pharmaceutical and Health Care Association v. Health Secretary Francisco T. Duque III, et al.

G.R. No. 173034 (2007)

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Pharmaceutical and Health Care Association v. Health Secretary Francisco T. Duque III, et al.

Philippines Supreme Court
G.R. No. 173034 (2007)

Facts

Corazon Aquino, the president of the Philippines, issued an executive order known as the Milk Code to adopt, in part, the World Health Assembly’s (WHA) International Code of Marketing Breastmilk Substitutes (ICMBS). The ICMBS did not allow the advertising of milk substitutes, but the Milk Code did. Nearly 20 years later, the Philippines Department of Health (DOH) (defendant) sought to issue new regulations enforcing additional recommendations made by the WHA regarding breastfeeding, including a ban on advertising breastmilk substitutes. The Pharmaceutical and Health Care Association (PHCA) (plaintiff), representing breastmilk-substitute manufacturers, petitioned the Philippines Supreme Court to reverse the new rules, arguing that the DOH had acted in excess of its authority and in violation of the Philippines constitution. The Philippines constitution incorporated customary international law.

Rule of Law

Issue

Holding and Reasoning (Austria-Martinez, J.)

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