DOJ junks case vs local drug firm

MANILA, Philippines - The Department of Justice has dismissed a counterfeiting charge filed by three multinational companies against a local drug distributor.

In a six-page resolution, Assistant State Prosecutor Cesar Calubag said there is insufficient evidence to indict Renante Dumasig for the case leveled against him.

“While the complainants’ evidence tends to prove that the medicines seized from Dumasig on Nov. 18, 2010 were not registered with the Food and Drug Administration (FDA), their conclusion that the items were counterfeit lacks merit,” the resolution said.

“A clearer scrutiny of the samples submitted by complainants would show the drugs were manufactured and registered in other countries as appearing in their labels. This explains why the seized medicines were not registered with our FDA and the labels thereof were not in accordance with the Philippine Generic Labeling Requirements. This cannot be a proof that the medicines are counterfeit,” it added.

It also said that the regulatory power of the FDA, as provided for by Republic Act 9711, does not apply to Dumasig’s case because it “would run counter to the provisions of Republic Act 9502 or the Universally Accessible Cheaper and Quality Medicine Act of 2008.”

The Cheaper Medicine Law, the DOJ explained, grants third persons the right to import medicines even if there are same ones registered in the Philippines.

“Therefore the seized medicines cannot be classified as counterfeit and the respondent’s act of importing and selling the (essential) drugs cannot be classified as criminal.”

The resolution was recommended by assistant state prosecutor Pedrito Lances and approved by chief state prosecutor Claro Arellano.