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Executive Orders

Further Amending Republic Act No. 5921, Entitled "An Act Regulating the Practice of Pharmacy and Setting Standards of Pharmaceutical Education in the Philippines and For Other Purposes", as Amended

Executive Order No. 174

EXECUTIVE ORDER NO. 174 May 22, 1987

FURTHER AMENDING REPUBLIC ACT NO. 5921, ENTITLED "AN ACT REGULATING THE PRACTICE OF PHARMACY AND SETTING STANDARDS OF PHARMACEUTICAL EDUCATION IN THE PHILIPPINES AND FOR OTHER PURPOSES", AS AMENDED

WHEREAS, consistent with the State policies as enunciated in Article II, Section 15 of the 1987 Constitution, that: "The State shall protect and promote the right to health of the people and instill health consciousness among them", and Article XIII, Section 12, that: "The State shall establish and maintain an effective food and drug regulatory system and undertake appropriate health manpower development and research, responsive to the country's health needs and problems," the Pharmacy Law must be further amended to strengthen the legal basis of the regulation of drugs and devices.

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do hereby order:

Sec. 1. Section 29 of Republic Act No. 5921 is hereby amended to read as follows:

"Sec. 29. Responsibility for safety, efficacy, quality and purity of drugs. In cases of drugs, pharmaceuticals,...

Summary of Executive Order No. 174

Amending Republic Act No. 5921 (Pharmacy Law)

- Responsibility for safety, efficacy, quality and purity of drugs (Section 1, amending Section 29):
• For drugs sold in original packings with unbroken seals, liability rests upon the manufacturer, or in the manufacturer's absence, upon the importer, distributor, representative, or dealer responsible for distribution or sale.

- Penal provisions (Section 2, amending Section 40):
• Violating Sections 12, 24, 25, 26, and 27 of the Act, or making false representations to obtain a pharmacist registration certificate, or allowing non-registered pharmacists to practice pharmacy, or falsely displaying a pharmacist's certificate, or acting as a dummy for an alien or unqualified person to operate a drugstore, shall be punished with a fine of not less than ₱1,000 but not exceeding ₱4,000, or imprisonment of not less than 6 months and 1 day but not more than 4 years, at the court's discretion.

- Definition of "drugs" (Section 3, amending Section 42(c)):
• "Drugs" mean:
• (1) Articles recognized in the current official United States Pharmacopeia-National Formulary (USP-NF), official Homeopathic Pharmacopeia of the United States, official National Drug Formulatory, or any supplement to any of them;
• (2) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
• (3) Articles (other than food) intended to affect the structure or any function of the body of humans or animals;
• (4) Articles intended for use as a component of any articles specified in clauses (1), (2), or (3), but excluding devices or their components, parts or accessories.

- Repealing clause (Section 4):
• All laws, orders, issuances, rules and regulations or parts thereof inconsistent with this Executive Order are repealed or modified accordingly.

- Effectivity (Section 5):
• This Executive Order shall take effect 15 days after publication in the Official Gazette.

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