G.R. No. 240764, November 18, 2021
VENUS COMMERCIAL CO., INC., PETITIONER, VS. THE DEPARTMENT OF HEALTH AND THE FOOD AND DRUG ADMINISTRATION, RESPONDENTS.

FACTS

This is a petition for review on certiorari assailing the Court of Appeals’ Decision and Resolution which declared valid Food and Drug Administration (FDA) Personnel Order No. 2014-220 and dissolved a writ of permanent injunction issued by the trial court. The case originated from the enactment of Republic Act No. 9711 (FDA Act of 2009), which renamed the Bureau of Food and Drugs (BFAD) to the Food and Drug Administration (FDA) and strengthened its regulatory powers. The law amended Republic Act No. 3720, granting the FDA Director-General powers, including the authority to issue cease and desist orders and orders of seizure for health products that are adulterated, counterfeited, misbranded, or unregistered. The Department of Health subsequently issued the Implementing Rules and Regulations (IRR) of RA 9711 via Department Circular 2011-0101, which reiterated these quasi-judicial powers of the Director-General. The specific antecedents leading to the petition, including the FDA’s actions against the petitioner based on a complaint, are detailed in the provided text but the narrative is cut off.

ISSUE

The core issue revolves around the validity of FDA Personnel Order No. 2014-220 and the extent of the FDA’s powers under RA 9711, particularly its authority to issue seizure orders and cease and desist orders against health products without a prior hearing or court order.

RULING

The Supreme Court, through Justice Lazaro-Javier, denied the petition and affirmed the Court of Appeals’ decision. The Court upheld the validity of the FDA’s powers as granted by RA 9711 and its IRR. It ruled that the FDA Director-General is authorized to issue seizure orders and hold in custody health products that are adulterated, counterfeited, misbranded, or unregistered when there is reasonable cause to believe they may cause injury or prejudice to the public, even without a prior hearing or court order. This power is explicitly provided under Section 30(4) of RA 3720, as amended by RA 9711, and Section 12(a) of the same law. The Court found this administrative seizure power to be a valid exercise of the State’s police power to protect public health, distinguishing it from a criminal seizure that requires a warrant. The Implementing Rules and Regulations (Department Circular 2011-0101) which operationalized these powers were also deemed valid. Consequently, FDA Personnel Order No. 2014-220, which was issued pursuant to these laws and regulations, was declared valid, and the injunction against it was properly dissolved.