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

  1. Leslie Ones on October 27th, 2010 12:15 pm

    ive got a 2inch big cut open wound on my left that makes my bones appearing. im PWD polio right foot. after then i went to the hospital for medication namely Dr. Ignacio M. Cortes General Hospital, Inc. Mandaue City Tel no. 032 3467850. Sadly they refuse to give me discount both medication and purchase of medicine yet i have my PWD ID stating on the back the different kinds of discounts such medicine, transportation, commodities and etc. it was issued by PWD CSWD Mandaue city. After then i went to the drugstores like Evercare, Mercury Drug, Rose Pharmacy but sadly they dont honor my discounted PWD ID. It really makes me sad and hurt, its like im disable inside out. Out of my grieve feeling, i purchase the medicine coz ive got no choice i have to take my medicine for my cure. After that i went home with tears. When the morning came, i decided to go and surrender my PWD ID in the PWD CSWD sector office here in Mandaue coz it has nothing to do at all, its like a decoration that it never make sense. ID with no power at all coz the PWD Law is so old but sadly the implementation of it is still infant. I cant deny that the word “no discrimination for PWD” is merely on word alone and not in motion.

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  2. mike jose on December 3rd, 2010 6:46 am

    i wonder how much longer persons with disabilities will wait for the implementation of the law. much to our dismay, it has been two years since mercury drug and other drug stores filed their opposition and TRO in the courts and not much has happend. can we not get the PAO to help in pursuing this case for and on behalf of the disabled. a class action suit may be necessary for something to happen. nakakasawa na to learn that it is so easy for businessess particularly drug stores, to disregard laws and no government agency can do anything to make sure the laws benefitting our citizens are properly appplied and adhered to. cant the NCDA be more agressive in this matter?

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  3. Vincent Kit Mejos on February 11th, 2011 12:30 am

    Hi Sir where can i get a PWD ID? thanks

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    luke skywalker Reply:

    @Vincent Kit Mejos, check with your dept. of social welfare department at your city hall

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  4. Janelyn Sy SMith on July 29th, 2011 10:52 pm

    I tried to buy a regulated drug from Mercury drugstore inside BF Homes, Paranaque corner El Grande St. and Aguirre Avenue last week with a complete ID (PWD), prescrpition from the doctor and the booklet for my son who is autistic. My son’s ID had his thumbmarked on it(he is non-verbal and does not know how to sign for his signature).
    I was told to get an authorization letter from my son (who is autistic) and also a letter from the doctor saying my son is autistic. I told them that the preescribed drug was regulated hence the prescription and that my son cannot sign his name hence the thumbmark. A few times I bought that drug from the same Mercury Drugstore without any problem. Of course, I haven’t applied for an ID of my son then.

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  5. wheng on November 20th, 2011 7:30 pm

    Mercury drug store don’t honor the xerox copy of the doctor’s authorization letter for my daughter. But other branch advice me to have a lot of xerox of the original and i am submitting the xerox copy along with other requirements. Ano po ba talaga? original or xerox copy?

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