Why the foot dragging on the CML?

There’s a congressional inquiry on why the Cheaper Medicine Law (CML) has not been implemented until now. July 13 was supposed to kick off such hearing, but the invitees, DOH and DTI officials, failed to appear for the reason, as explained by executive secretary Eduardo Ermita, of lack of time to prepare for the session.

Whether the reason for the non-appearance of PGMA’s people was true or not is open to speculations. There are talks that after the President met with representatives of pharmaceutical firms on July 8, she was having second thoughts about the content of the proposed IRR of R.A. 9502. This could be the reason why until now she refused to sign the document.

Possible collusion with drug manufacturers – this is what Senator Mar Roxas commented after learning of the event. Being a presidential candidate, the Senator doesn’t sound convincing in his accusation. But with the refusal of some cabinet men to attend the committee hearing, the Senator’s claim seems credible.

Even as it was debated in the legislature, the CML actually generated a lot of controversies. There was a tug-of-war between the proponents of the law (among them Rep. Ferjenel Biron of Iloilo and Senator Mar Roxas) and the pharmaceutical executives and their lobby groups. One of the points of contention was the proposal to create a drug price regulatory board that would decide on the MRP (minimum retail price) for essential medicines. But this was later deleted in the bicameral conference of the House and the Senate, and the function was given to the DOH.

Envisioned to be composed of reputable and non-committed people, the board would have been a more credible body to set the price of critically needed medicines. The DOH may be manned by trustworthy people at present, but what about in the future? Besides, that agency is under the President. What will prevent the latter from influencing its decisions?

In fact, such influence may have been already at work. A few weeks ago, for instance, Congressman Biron commented that the MRP released by DOH to implement R.A. 9502 was “inutile” saying that the pricing of the items was only a “consuelo bobo” for consumers. Here’s a quote from the congressman: “What happened in the MRP list is that not all medicines specified in the law was included in the list. Of the 22 medicines in the list, 10 are for cancer. There are many people who buy daily maintenance for hypertension and diabetes compared to those dying of cancer. They should have included medicines for asthma, cardiac arrest and diabetes.”

Why did DOH exclude in its list medicines that are widely needed? And why is the price reduction of the items not substantial enough, as claimed by Congressman Biron? It is true that in the list some items have their prices reduced by 50%, said the Congressman, but the decrease is not enough. As such, availment of these medicines cannot be enjoyed by the average consumer. What is happening? Is the government trying to water-down the pro-poor intent of the law?

Personally, we don’t believe the President is more sympathetic to drug cartel – they are really a cartel, you know – than to the average Pinoy. With high prices for consumer goods plus expensive medicines millions of Pinoy are at their wits and how to survive. Actually, millions (the hypertensive, the asthmatic, the heart diseases patients and others with similar ailment) must have already succumbed for lack of medication. Would a president, any president for that matter, be callous enough to disregard such tragic happening? GMA was once a DSWD chief and as such has had ample exposure to works of mercy. Her term as such must have given her adequate grasp on the need for government intervention to make the lives of disadvantaged Filipinos better. And making medicine cheap is clearly one such intervention.

The people around her, however, must have been interested in making a killing, financially or politically, out of the implementation or mis-implementation of CML. Many of them are eyeing the Senate or even the presidency, a feat which requires hundreds of millions of pesos. Can their greed prevail over the crying need of the masses?

Only Malacañang can answer this question.

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