Loopholes
The group criticized what it calls ‘loopholes’ in the Universally Accessible Cheaper and Quality Medicines Act of 2008 or RA 9502. Proponents of the law promised to bring down the prices of essential medicines in the country.
Registered nurse Eleanor Nolasco, chairperson of the Nagkakaisang Nars sa Adhikaing Reporma sa Kalusugan ng Sambayanan (NARS or United Nurses for Reforms for the Health of the People) said the Universally Accessible Cheaper and Quality Medicines Act of 2008 or RA 9502 was enacted on June 6, 2008, and the implementing rules and regulations (IRR) was finalized in November 2008. However, no progress in terms of lowering the prices of medicines has been achieved so far.
In its unity statement, the Consumers’ Action revealed that the law would not bring down the prices of essential medicines due to ‘inherent loopholes’ in its provisions.
Jara said the law failed to dismantle foreign control over the drug industry. She said that multinational companies dictate the high prices of medicines through the World Trade Organization – Trade Related Aspects of Intellectual Property Rights Agreement (WTO-TRIPS).
The Consumers’ Action further said the law does not provide for a Drug Price Regulatory Board that could have ensured representation from all stakeholders. Under Article III, Section 17 of the law, only the President of the Philippines, upon recommendation of the Secretary of the Department of Health, shall have the power to impose maximum retail prices over any or all drugs and medicines.
The group added that the law does not provide any support for local drug manufacturers. Instead, the group added, the law encourages parallel importation ‘which would eventually kill the local drug manufacturers.’
A parallel import is a non-counterfeit product imported from another country without securing the permission of the intellectual property owner.
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