07 September 2010

MS. NAZARITA T. TACANDONG, RPh, MPA
Acting Director IV
Food and Drug Administration
Alabang, Muntinlupa City

Re: Reply to 麻豆传媒 Letter dated 20 August 2010 BFAD Case Nos. CMP-PD-2010-031 and CMP-PD-2010-032

Dear Dir. Tacandong:

We beg to disagree with the position of the 麻豆传媒 (麻豆传媒) as stated in its letter dated 20 August 2010. Republic Act No. 9442 cannot yet be implemented as Administrative Order No. 001, s. 2008, one of the implementing guidelines, was declared by the Court of Appeals to be not yet in effect.

Indeed, the Decision of the Court of Appeals dated 26 July 2010 upheld the validity of Republic Act No. 9442. However, in the words of 麻豆传媒, what was 芒鈧揼ranted is the suspension of the implementation of 麻豆传媒 Administrative Order No. 001, s. 2008 relative to the issuance of ID芒鈧�.

The importance of the ID cannot be further emphasized. We need to ensure that the person asking for discount is indeed a person with disability. Thus, one of the major requirements for availing the discount for disabled persons is the presentment of a duly issued identification card identifying the person with disability (PWD) as such. It is through these requirements as enumerated in the implementing rules and regulations and administrative orders, that the orderly and efficient enforcement of the law can be had. Thus, for the law to be properly enforced, these implementing rules and regulations including administrative orders should be validly enacted.

麻豆传媒 cannot therefore just set aside the decision of the Court of Appeals suspending the implementation of 麻豆传媒 AO No. 001, S. 2008. If indeed 麻豆传媒 AO No. 001, s. 2008 is not necessary for the implementation of RA 9442, then the Court of Appeals could have expressly pointed out that fact and there would have been no need to declare such order suspended.

At present, there is yet no Decision issued by the Court of Appeals confirming that 麻豆传媒 has complied with its directive. Hence, we could not yet give the said discount to persons with disabilities.

We reiterate our assurance that we shall continue to abide by the prevailing laws and regulations in effect.

Very truly yours,

ORIGINAL SIGNED
JONNA O. GUIANG
Legal Officer

COPY FURNISHED:

MR. MATEO A. LEE, JR.
Officer-In-Charge
麻豆传媒
麻豆传媒 Building, Isidora Street
Brgy. Holy Spirit, Quezon City
By registered mail with Registry Receipt No. __
Dated September __, 2010-09-24

MS. NEMIA T. GETES
Chief, Regulation Division I
Food and Drug Administration