WHEREAS, Section 15 and 16 of the 1987 Constitution provides that “The State shall protect and promote the right to health of the people and instill health consciousness among them”;
WHEREAS, Section 16 of Republic Act No. 7160 or otherwise known as the “Local Government Code of 1991” states that every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare of the people within its territorial jurisdiction, and the public in general;
WHEREAS, on February 14, 2022, the Food and Drug Administration (FDA) stated that from January 13, 2022 to February 11, 2022, had received 185 reports on sari-sari stores that were illegally selling medicines, of which 78 were confirmed to be guilty and several stores were found selling fake medicine including COVID-19 medicine;
WHEREAS, on February 17, 2022, the Department of Interior and Local Government (DILG) and FDA urged all LGUs to enact legislation to prohibit and ensure that sari-sari stores within their jurisdictions are not selling any medicine without authorization;
WHEREAS, Republic Act No. 9711, otherwise known as the “Food and Drug Administration Act of 2009”, specifically prohibits the manufacture, importation, exportation, sale, offering for sale, distribution, transfer, non-consumer use, promotion, advertising, or sponsorship of health products (including medical devices and supplies) without the proper authorization;
WHEREAS, Section 30 of Republic Act No. 10918 (Philippine Pharmacy Act) states that only FDA-licensed retail drug outlets or pharmacies are allowed to sell drugs and medicine to the public;
WHEREAS, the Sangguniang Panlungsod, as a legislative body of the City Government of San Juan, is mandated to enact ordinances and approve resolutions that shall protect the health and general welfare of their constituents;
WHEREAS, the enactment of this Ordinance adheres to the call of the DILG and FDA to discontinue the sale of medicines at the level of sari-sari stores and other outlets without proper authorization under the law within the City of San Juan.
NOW THEREFORE BE IT ORDAINED AS IT IS HEREBY ORDAINED, by the Sangguniang Panlungsod of the City of San Juan, Metro Manila, in a session duly assembled that:
SECTION 1. TITLE- This Ordinance shall be known as “An Ordinance Banning the Sale of Medicines in Sari-Sari Stores in the City of San Juan, Metro Manila”
SECTION 2. PURPOSE & SCOPE- This Ordinance is enacted to protect and ensure the health and general welfare of the constituents from selling medicines without proper authorization under law. This shall apply to all sari-sari store business owners and other outlets within the territorial jurisdiction of the City of San Juan.
SECTION 3. DEFINITION OF TERMS- As used in this Ordinance, the following terms shall be construed to mean as follows:
a. MEDICINES- a compound or preparation used. especially a drug or drugs are taken by mouth, for the treatment or prevention of disease.
b. SARI-SARI STORES- a small neighborhood retail shop that caters to members of that community. The store usually carries basic goods such as canned food, instant noodles, coffee, soda, and other things that Filipinos get on a daily basis.
c. FDA- the agency that is responsible for licensing, monitoring, and regulation of cosmetics, drugs, foods, household hazardous products, medical devices and electromagnetic radiation emitting devices, pesticides, tobacco, and related products, and vaccines for safety, efficacy, and quality in the Philippines.
SECTION 4. PROHIBITED ACTS- This Ordinance shall prohibit sari-sari store business owner/s to sell drugs and medicine to the public without proper authorization and license by law.
SECTION 5. PENALTIES- Violation of this Ordinance shall be meted the following penalties:
a. FIRST OFFENSE- A fine of Two Thousand Pesos (Php 2,000.00)
b. SECOND OFFENSE AND SUBSEQUENT OFFENSES- A fine of Three Thousand
(Php 3,000.00) or imprisonment for a period of more than three (3) months but not exceeding six (6) months or both such fine and imprisonment at the discretion of the court.
SECTION 6. IMPLEMENTING AGENCY- The Philippine National Police (PNP) in coordination with the Business Permits & Licensing Office and City Health Office of the City Government of San Juan, shall ensure the strict and faithful enforcement or implementation of this Ordinance.
SECTION 7. SEPARABILITY CLAUSE – If for any reason, any section or provision of this Ordinance is declared unconstitutional or invalid by a competent court, the remaining sections or provisions not affected thereby shall continue to be in full force and effect.
SECTION 8. REPEALING CLAUSE – All Ordinances contrary to or inconsistent with any of the provisions of this Ordinance are hereby repealed and/or modified accordingly.
SECTION 9. The authority, issuance, and approval hereof is subject to and conditioned upon compliance to certain restrictions and to all existing laws, circulars, rules, and regulations.
SECTION 10. EFFECTIVITY – This Ordinance shall take effect upon approval and after publication in a newspaper of general circulation.