Reply of Mercury Drug to NCDA Letter dated 20 August 2010 Re: BFAD Case Nos. CMP-PD-2010-031 and CMP-PD-2010-032

September 24, 2010

07 September 2010

MS. NAZARITA T. TACANDONG, RPh, MPA
Acting Director IV
Food and Drug Administration
Alabang, Muntinlupa City

Re: Reply to NCDA Letter dated 20 August 2010 BFAD Case Nos. CMP-PD-2010-031 and CMP-PD-2010-032

Dear Dir. Tacandong:

We beg to disagree with the position of the National Council on Disability Affairs (NCDA) as stated in its letter dated 20 August 2010. Republic Act No. 9442 cannot yet be implemented as Administrative Order No. 001, s. 2008, one of the implementing guidelines, was declared by the Court of Appeals to be not yet in effect.

Indeed, the Decision of the Court of Appeals dated 26 July 2010 upheld the validity of Republic Act No. 9442. However, in the words of NCDA, what was “granted is the suspension of the implementation of NCDA Administrative Order No. 001, s. 2008 relative to the issuance of ID”.

The importance of the ID cannot be further emphasized. We need to ensure that the person asking for discount is indeed a person with disability. Thus, one of the major requirements for availing the discount for disabled persons is the presentment of a duly issued identification card identifying the person with disability (PWD) as such. It is through these requirements as enumerated in the implementing rules and regulations and administrative orders, that the orderly and efficient enforcement of the law can be had. Thus, for the law to be properly enforced, these implementing rules and regulations including administrative orders should be validly enacted.

NCDA cannot therefore just set aside the decision of the Court of Appeals suspending the implementation of NCDA AO No. 001, S. 2008. If indeed NCDA AO No. 001, s. 2008 is not necessary for the implementation of RA 9442, then the Court of Appeals could have expressly pointed out that fact and there would have been no need to declare such order suspended.

At present, there is yet no Decision issued by the Court of Appeals confirming that NCDA has complied with its directive. Hence, we could not yet give the said discount to persons with disabilities.

We reiterate our assurance that we shall continue to abide by the prevailing laws and regulations in effect.

Very truly yours,

ORIGINAL SIGNED
JONNA O. GUIANG
Legal Officer

COPY FURNISHED:

MR. MATEO A. LEE, JR.
Officer-In-Charge
National Council on Disability Affairs
NCDA Building, Isidora Street
Brgy. Holy Spirit, Quezon City
By registered mail with Registry Receipt No. __
Dated September __, 2010-09-24

MS. NEMIA T. GETES
Chief, Regulation Division I
Food and Drug Administration

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