Thursday, October 20, 2011

Moth, 3 Behemoths Duel In Court

Published : Saturday, October 08, 2011 00:00
Written by : NEIL A. ALCOBER CORRESPONDENT | The Manila Times.Net

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NO contest in pitting a puny moth against three behemoths of the pharmaceutical industry but the ensuing fight would be keenly watched: a Manila-based licensed pharmaceutical drug distributor and importer has filed a P15-million civil suit against three multinational pharmaceutical companies for “malicious prosecution.”

Three Goliaths against a lone David is a downright mismatch.

Named in the complaint of Sahar Pharma were Pfizer Philippines, GlaxoSmithKline Philippines, and Roche Philippines.

The complaint was described as “a landmark case” as it would further the government’s agenda in encouraging competition and cheaper medicines.

The law office of former Supreme Court Associate Justice Santiago Kapunan and lawyer-educator Adel Tamano serves as Sahar Pharma’s legal counsel in the suit.

The pharmaceutical giants had previously slapped a case against Sahar on the legality of parallel importation of drugs. The case didn’t prosper—thrown out by the Department of Justice, the Court of Appeals, and the Supreme Court.

In its ruling, the Supreme Court stressed that the multi-national companies failed to prove that the law prohibits the parallel importation of medicines and cited the government’s effort to encourage parallel importation of essential drugs to make affordable to the people, especially the poor.

The Sahar International Trading Incorporated (SITI) is one of the major distributors of cheaper medicines (generic) to some pharmacies and hospitals in the Philippines. It distributes medicines to Mercury Drug Stores, especially the Generika Pharmacy which caters affordable medicines to the poor people.

Meanwhile, Sahar spokesman Mack Macalanggan expressed hope that the ruling would be in their favor as it would also “recognize the right to health of every Filipino, and the essence of the law and fair competition will defend that right.”

Macalanggan thanked former senator and now Transportation Secretary Mar Roxas 3rd, the proponent of Republic Act 9502 or the Cheaper Medicine Law, as well as the whole legislature for approving the law.
Macalanggan said that the law itself expresses deep concern on citizen’s right to health enshrined in the 1987 Charter.

He added that R.A. 9502 author, Mar Roxas has left a landmark legacy that may linger in the memories of the Filipinos for the next century to come.

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