Del Rosario VS Bengzon

GR NO 88265
December 21, 1989

Facts
Republic Act 6675, entitled "an act to promote, require and ensure the production of an
adequate supply, distribution, use and acceptance of drugs and medicines identified by their
generic names", otherwise known as the "generics act", took effect. RA 6675 would in effect be
mandating doctors to prescribe generic medication rather than brand names which are
significantly more costly. Pursuant to the law, Administrative Order 62, as amended by
Administrative Order 76, postponed to january 1, 1990 the penal sanctions and penalties for
violation of the generics act as provided for in section 6 and 12 said law. A class suit was filed
by the officers of the Philippine Medical Association and the National Organization of Medical
Doctors in the Philippines. The suit requested of the court to declare some provisions, especially
the penal ones, of the generics act and Administrative Orders 62 and 76 as unconstitutional.
The petition was one for declaratory relief, however, due to the public interest involved, the court
treated it as a petition for prohibition.

Issue
whether or not RA 6675, in proscribing medical doctors to prescribe only brand names of
medication with "no substitution" is a valid exercise of police power

Ruling
Yes, it is, and there is no constitutional violation. The court held that said law implements the
constitutional mandate for the state "to protect and promote the right to health of the people"
and "to make essential goods, health and other social services available to all people at
affordable costs". Doctors are allowed by the law to write both the generic and brand name in
his prescription. This secures the patient's right to choose. If doctors are to prescribe brand
name drugs, the patient's right of choice between the lower-priced generic drug and the more
costly branded ones would be curtailed. The impoverished majority of the population will truly be
benefited by the law.