GR 149907; (April, 2009) (Digest)
G.R. No. 149907 . April 16, 2009.
ROMA DRUG and ROMEO RODRIGUEZ, as Proprietor of ROMA DRUG, Petitioners, vs. THE REGIONAL TRIAL COURT OF GUAGUA, PAMPANGA, THE PROVINCIAL PROSECUTOR OF PAMPANGA, BUREAU OF FOOD & DRUGS (BFAD) and GLAXO SMITHKLINE, Respondents.
FACTS
On August 14, 2000, a team of NBI operatives and BFAD inspectors raided petitioner Roma Drug, a sole proprietorship of petitioner Romeo Rodriguez, pursuant to a search warrant. The raiding team seized several imported medicines (Augmentin, Orbenin, Amoxil, and Ampiclox). These medicines, manufactured by SmithKline Beecham Research Limited (which later merged to form respondent Glaxo SmithKline), were imported directly from abroad and not purchased from the local authorized Philippine distributor. The NBI filed a complaint against Rodriguez for violating Section 4 (in relation to Sections 3 and 5) of Republic Act No. 8203 (Special Law on Counterfeit Drugs or SLCD), which classifies an “unregistered imported drug product” as a counterfeit drug. During preliminary investigation, Rodriguez challenged the constitutionality of the SLCD, but the Provincial Prosecutor recommended the filing of an information against him. Rodriguez filed a Petition for Prohibition, asserting that the challenged provisions contravened the equal protection clause, Section 11, Article XIII, and Section 15, Article II of the Constitution . The Court issued a temporary restraining order.
ISSUE
Whether the prosecution of Romeo Rodriguez for violation of the Special Law on Counterfeit Drugs ( Republic Act No. 8203 ) should be prohibited in light of the subsequent passage of Republic Act No. 9502 (Universally Accessible Cheaper and Quality Medicines Act of 2008).
RULING
The petition is GRANTED in part. A writ of prohibition is issued commanding respondents from prosecuting petitioner Romeo Rodriguez for violation of Section 4 of Republic Act No. 8203 . The prosecution is no longer warranted. The Court held that the passage of Republic Act No. 9502 in 2008 mooted the constitutional questions. Section 7 of R.A. No. 9502 amended the Intellectual Property Code to grant third persons, including any government agency or private third party, the unqualified right to import drugs or medicines whose patent was registered in the Philippines after the product has been introduced anywhere in the world by the patent owner. The Implementing Rules of R.A. No. 9502 confirmed this right. While R.A. No. 9502 did not expressly repeal the SLCD, its provisions are irreconcilably in conflict with the SLCD’s classification of “unregistered imported drugs” as “counterfeit drugs” and the imposition of criminal penalties. The later legislative expression prevails, and the prior law yields to the extent of the conflict. Therefore, the prosecution under the SLCD could not be sustained.