Del Rosario v. Bengzon
GR No. 88265
December 21, 1989
Facts:
The Philippine Medical Association questioned the validity of some provisions of the Generics Act of 1988 (RA 6675) and of the implementing Administrative Order No. 62. The law provides that all government health agencies and their personnel as well as other government agencies shall use generic names in all transactions. All medical, dental, and veterinary practitioners are likewise ordered to write prescriptions using the generic name. The brand name may also be written, but the generic name should be legible and should precede the brand name. It is also prohibited to put the generic name in parenthesis and to order the drug seller not to allow substitution for the prescription. Furthermore, the law also provides that drug outlets shall inform the buyer about any and all other products having the same generic name. The Association contends that such act tantamount to the salesgirl at the drugstore counter making the prescription instead of the physician, dentist, or veterinarian.
Issues:
1. Is the Generics Act valid?
2. Does the law impair the obligation of contract between the physician and patient?
Ruling:
1. Yes. The purpose of the Generics Act is to carry out the policy of the State. It was found that the therapeutic effect of a drug does not depend on its brand but on the active ingredients which it contains. The law compels physicians to prescribe drugs based on their active ingredients instead of their brand names. In addition, the prohibition of disallowing substitution is also valid because it prevents the circumvention of the law.
2. No. In the first place, no contract ever results from a consultation between physician and patient. The patient has no obligation to follow the physician’s prescription as he can disregard the same. Even assuming arguendo that there is a contract between them, such contract will not be allowed to override the power of the State to enact laws that are reasonably necessary to secure the health, safety, good order, comfort, or general welfare of the community.
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