GOVERNMENT SCORES VICTORY IN MILK CODE RULING
18 October 2007
Acting Secretary of Justice and Solicitor General Agnes VST Devanadera announced that the government scored a victory in the milk code decision of the Supreme Court, contrary to the claims of some sectors. In a 53-page decision penned by Associate Justice Ma. Austria-Martinez, the Supreme Court upheld the validity of the Department of Health Administrative Order No. 2006-0012 entitled “Revised Implementing Rules and Regulations (RIRR) of Executive Order No. 51, otherwise known as the “Milk Code”. Out of the 59 sections of the department order, only three sections were invalidated.
The RIRR was found to be in consonance with the objective, purpose, and intent of the Milk Code that constitute reasonable regulation of an industry which affects public health and welfare, and, as such, do not constitute illegal restraint of trade nor are they violative of the due process clause of the Constitution.
In effect, the position of the Office of the Solicitor General which was articulated during the oral arguments before the Supreme Court by Solicitor General and Acting DOJ Secretary Devanadera was upheld. The OSG maintained that the Milk Code does not prescribe absolute ban on advertisement, promotional, and marketing materials. The Milk Code, however, requires regulation of these materials by undergoing review and approval of an Inter-Agency Committee (IAC) created for that purpose.
The Supreme Court likewise lifted the Temporary Restraining Order issued on August 15, 2006 thereby imposing no more legal obstacle to the implementation of the revised rules and regulations (RIRR).
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