Notice of Resolution

December 6, 2010

Notice of Resolution

Republic of the Philippines
COURT OF APPEALSManila

ELEVENTH DIVISION
CA-G.R.SP NO. 109903

Members:

TIJAM, Chairperson
GONZALES-SISON, M.,&
BUESER, D.Q. II

DRUGSTORES ASSOCIATION OF THE PHILIPPINES, INC.
SAVE MORE DRUG, INC.,
MANSON DRUG CORPORATION,
SOUTH STAR DRUG INC., and
NORTHERN LUZON DRUG CORPORATION
Petitioners

-versus-

NATIONAL COUNCIL ON DISABILITY AFFAIRS,
DEPARTMENT OF HEALTH
DEPARTMENT OF FINANCE
BUREAU OF INTERNAL REVENUE,
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT and
DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT
Respondents

Promulgated:

RESOLUTION
TIJAM, :

On July 26, 2010, We partially granted Petitioner’s petition for injunction, the dispositive portion of our decision stated:

WHEREFORE, the petition is PARTIALY GRANTED. The effectivity of NCDA Administrative Order No. 1 is hereby SUSPENDED pending Respondents compliance with the proof of filing of NCDA Administrative Order No. 1 with the Office of the National Administrative Register and its publication in a newspaper circulation.

SO ORDERED.

In a Letter, dated August 4, 2010, the NCDA, thru its Officer-in-charge Mateo Lee, claimed that the filing of copies of NCDA Administrative Order No. 1 with the University of the Philippines Law Center was a sufficient compliance with the requirement of publication relying on Section 3,1 Chapter 2 of the Revised Administrative Code of 1987.

Subsequently, the NCDA2 and the Office of the Solicitor General3 filed their respective motion for reconsideration to lift the suspension of the implementation of Administrative Order No. 1 attaching thereto copies of newspapers, The Philippine Star and The Daily Tribune with the corresponding affidavits of publication6 issued by the respective representatives of the said newspaper companies; a Certification7 from the Office of the National Administrative Register (ONAR) showing that NCDA Administrative Order No. 1.S.2008 was filed with said office on October 22, 2009, as proof of their compliance. Petitioners also filed a motion for partial reconsideration8 of Our Decision dated July 26, 2010.

After a careful and exhaustive evaluation of Petitioners motion for partial reconsideration, We find that the same merely reiterates identification issues and arguments raised by the Petitioners in their petition for prohibition which had been extensively passed upon by this Court in its assailed decision. Considering that no new or novel issues have been raised, We find no compelling reason to reverse Our previous ruling on the validity and constitutionality of subject administrative order.

In view of Respondents compliance, the suspension of the effectivity of NCDA Aministrative Order No. 1 is hereby lifted considering that the same was filled with ONAR and was published in a newspaper of general circulation.

WHEREFORE, Petitioners motion for partial reconsideration is Dismissed. This Court’s Decision dated July 26, 2010, hereby AFFIRMED with Modification with Our pronouncement that NCDA Administrative Order No. 1 is now effective and enforceable nationwide.

SO ORDERED.

ORIGINAL SIGNED
NOEL G. TIJAM
Associate Justice

WE CONCUR:

ORIGINAL SIGNED
MARLENE GONZALES-SISON
Associate Justice

ORIGINAL SIGNED
DANTON Q. BUESER
Associate Justice

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