SPECIAL ANNOUNCEMENT: Court of Appeals denies TRO filed by Southern Luzon Drug Corporation

September 5, 2011

The Special Fifth Division of the Court of Appeals, in its decision dated June 17, 2011 (CA-G.R. SP NO. 102486), denied the petition for a temporary restraining order and/or writ of preliminary injunction filed by the Southern Luzon Drug Corporation (petitioners) to prohibit and invalidate section 4 (a) 2 of the expanded senior citizen’s act of 2003 and its implementing rules and regulations, section 32 of the magna carta for persons with disability, and section 5.1 of its implementing rules and regulations. This means that while the appeal of the petitioners is ongoing, ALL DRUGSTORES IN THE PHILIPPINES ARE BOUND TO COMPLY WITH THE ABOVE MENTIONED PROVISIONS. AND THAT NON COMPLIANCE OR ANY VIOLATION WILL BE PENALIZED AS PROVIDED FOR IN SECTION 46 OF Republic Act 9442 AMENDING Republic Act 7277 which reads as follows;
“SEC. 46. Penal Clause. –
(a) Any person who violates any provision of this Act shall suffer the following penalties:
(1) For the first violation, a fine of not less than Fifty thousand pesos (P50,000.00) but not exceeding One hundred thousand pesos (P100,000.00) or imprisonment of
not less than six months but not more than two years, or both at the discretion of the court; and
(2) For any subsequent violation, a fine of not less than One hundred thousand pesos (P100,000.00) but not exceeding Two hundred thousand pesos (P200,000.00) or imprisonment for not less than two years but not more than six years, or both at the discretion of the court.
(b) Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than six months or a fine of not less than Five thousand pesos (P5,000.00), but not more than Fifty thousand pesos (P50,000.00), or both, at the discretion of the court.
(c) If the violator is a corporation organization or any similar entity, the officials thereof directly involved shall be liable therefore.
(d) If the violator is an alien or a foreigner, he shall be deported immediately after service of sentence without further deportation proceedings.

Upon filing of an appropriate complaint, and after notice and hearing the proper authorities may also cause the cancellation or revocation of the business permit, permit to operate, franchise and other similar privileges granted to any business entity that fails to abide by the provisions of this Act.”

We therefore call on all our partners and concerned citizens to report any violation to the NCDA Programs Management Division tel. No. 952-2809,
Office of the Executive Director 951-6033 or via email: council@ncda.gov.ph

Court of Appeal Decision

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