DR.
MARIO C. VILLAVERDE DID THE ANOMALY AGAIN [ILLEGAL INSERTION] IN THE
DRAFTING OF THE IMPLEMENTING RULES & REGULATIONS [IRR] OF RA 9711
Yes, Dr. Mario Villaverde of DOH did the anomaly again [insertion], this time, in the Drafting of the Implementing Rules & Regulations [IRR] of RA 9711, the law that created the Food & Drug Administration [FDA].
In our reply letter to FDA Director General Nela Charade G. Puno that cited RA 9711 that “expressly grants to the FDA, through the Center for Cosmetics Regulation and Research (CCRR) jurisdiction over household/ urban hazardous substances (HUHS) including urban pesticides."
We asked her this: Did you read very well Republic Act No. 9711 and its Implementing Rules and Regulations issued March 22, 2011 per the Department Circular No. 2011-0101? This was issued by Dr. Mario C. Villaverde, now the Undersecretary of Health by Authority of the Secretary of Health.
We asked her again: Do you not know that THERE IS AN ILLEGAL INSERTION OF THE PHRASE “OR URBAN PESTICIDES” in the IRR of RA 9711?
We herewith attach the letter of our Legal Counsel Atty. Arturo M. Dupio of the DUPIO, DUPIO & SENERES law office, Clay town – Daro, Dumaguete City who handled the MAPECON vs FPA Cases up to our Supreme Court Victorious cases.
The letter was addressed to former Director Suzette H. Lazo of the FDA last June 15, 2011.
The letter of Atty. DUPIO showed clearly there was an ILLEGAL INSERTION of the phrase “Or URBAN PESTICIDES” in the IRR of R.A. 9711. And we now show this ILLEGAL ACT by the FDA and DOH Undersecretary Mario Villaverde.
Sec. 11 (k) of R. A. 9711 provides:
“(k) the manufacture, importation, exportation, sale, offering for sales, distribution, transfer or distribution of any food, cosmetic or household /urban hazardous substances; or the operation of a radiation or pest control establishment by any natural or juridical person without the license to operate from the FDA required under this Act.
Book II, Section 1 (b) of the Rules and Regulation Implementing R.A. 9711, re: Licensing of Establishments and Registration of Health Products, provides:
Sec. 1. General Provision:
“b”. The manufacture, importation, exportation, sale, offering for sale, distribution, transfer, retail of any drug or devise; the manufacture, importation, exportation, transfer or distribution of any food, cosmetics, household or hazardous substances “or urban pesticides” [illegally inserted w/o the “ "] the operation of a radiation facility or pest control establishment without the appropriate authorization from the FDA is prohibited.”
And on page two of the letter of our LEGAL COUNSEL Atty. Dupio states:
“A cursory reading of the two afore-quoted provisions will readily show that the implementing Rules and Regulation has illegally introduced into the law what is not there in the first place.
“In the underlined provision of the basic law, the phrase “OR URBAN PESTICIDES” is not found. But in the implementing Rules and Regulations the following phrase: “OR URBAN PESTICIDES” was unlawfully added. This is simply mangling the basic law.
“The unauthorized inclusion of the phrase “OR URBAN PESTICIDES” in the Implementing Rules and Regulations renders the entire Section 1(b) null and void for being in gross contravention of the basic law and in the light of the principle in Statutory Construction which states: Expressio unius est exclussio alterius (What is not included in the law is deemed excluded).
The ILLEGAL ACT of the insertion of "OR URBAN PESTICDES" in Section 1(b) of the IRR of R.A. 9711 is deemed deleted for being ILLEGAL; and likewise, UNCONSTITUTIONAL for being Contemptuous of the 2007 Supreme Court ruling.
The NCUPC et. al. and all law abiding citizens not only declare Section 1 (b) of the IRR of R.A. 9711 null and void but we demand that the person who masterminded and did the ILLEGAL INSERTION of the phrase “OR URBAN PESTICIDES” be punished. The main culprit would be no other than the person who signed by Authority of the Secretary of Health, and he is Dr. Mario C. Villaverde, the Undersecretary of the Department of Health.
We learned that Dr. Mario C. Villaverde had just returned to the DOH and most likely was in-charge of regulations! We ask that the DOH Secretary UBIAL and the Office of the President of the Philippines to do something drastic versus Dr. Villaverde. Remove him from VERY IMPORTANT and SENSITIVE DOH and other Government Positions.
Yes, Dr. Mario Villaverde of DOH did the anomaly again [insertion], this time, in the Drafting of the Implementing Rules & Regulations [IRR] of RA 9711, the law that created the Food & Drug Administration [FDA].
 | |
| Department of Health Circular No. 2011-0101, signatory was Dr. Mario C. Villaverde | . |
In our reply letter to FDA Director General Nela Charade G. Puno that cited RA 9711 that “expressly grants to the FDA, through the Center for Cosmetics Regulation and Research (CCRR) jurisdiction over household/ urban hazardous substances (HUHS) including urban pesticides."
We asked her this: Did you read very well Republic Act No. 9711 and its Implementing Rules and Regulations issued March 22, 2011 per the Department Circular No. 2011-0101? This was issued by Dr. Mario C. Villaverde, now the Undersecretary of Health by Authority of the Secretary of Health.
We asked her again: Do you not know that THERE IS AN ILLEGAL INSERTION OF THE PHRASE “OR URBAN PESTICIDES” in the IRR of RA 9711?
 |
| Page 15 of RA 9711 |
 |
| Page 40, IRR of RA 9711 |
We herewith attach the letter of our Legal Counsel Atty. Arturo M. Dupio of the DUPIO, DUPIO & SENERES law office, Clay town – Daro, Dumaguete City who handled the MAPECON vs FPA Cases up to our Supreme Court Victorious cases.
 |
| Letter of Atty. Dupio to FDA, Page 1. |
The letter was addressed to former Director Suzette H. Lazo of the FDA last June 15, 2011.
The letter of Atty. DUPIO showed clearly there was an ILLEGAL INSERTION of the phrase “Or URBAN PESTICIDES” in the IRR of R.A. 9711. And we now show this ILLEGAL ACT by the FDA and DOH Undersecretary Mario Villaverde.
 |
| Letter of Atty. Dupio to FDA, Page 2. |
 |
| Letter of Atty. Dupio to FDA, Page 3. |
Sec. 11 (k) of R. A. 9711 provides:
“(k) the manufacture, importation, exportation, sale, offering for sales, distribution, transfer or distribution of any food, cosmetic or household /urban hazardous substances; or the operation of a radiation or pest control establishment by any natural or juridical person without the license to operate from the FDA required under this Act.
Book II, Section 1 (b) of the Rules and Regulation Implementing R.A. 9711, re: Licensing of Establishments and Registration of Health Products, provides:
Sec. 1. General Provision:
“b”. The manufacture, importation, exportation, sale, offering for sale, distribution, transfer, retail of any drug or devise; the manufacture, importation, exportation, transfer or distribution of any food, cosmetics, household or hazardous substances “or urban pesticides” [illegally inserted w/o the “ "] the operation of a radiation facility or pest control establishment without the appropriate authorization from the FDA is prohibited.”
And on page two of the letter of our LEGAL COUNSEL Atty. Dupio states:
“A cursory reading of the two afore-quoted provisions will readily show that the implementing Rules and Regulation has illegally introduced into the law what is not there in the first place.
“In the underlined provision of the basic law, the phrase “OR URBAN PESTICIDES” is not found. But in the implementing Rules and Regulations the following phrase: “OR URBAN PESTICIDES” was unlawfully added. This is simply mangling the basic law.
“The unauthorized inclusion of the phrase “OR URBAN PESTICIDES” in the Implementing Rules and Regulations renders the entire Section 1(b) null and void for being in gross contravention of the basic law and in the light of the principle in Statutory Construction which states: Expressio unius est exclussio alterius (What is not included in the law is deemed excluded).
The ILLEGAL ACT of the insertion of "OR URBAN PESTICDES" in Section 1(b) of the IRR of R.A. 9711 is deemed deleted for being ILLEGAL; and likewise, UNCONSTITUTIONAL for being Contemptuous of the 2007 Supreme Court ruling.
The NCUPC et. al. and all law abiding citizens not only declare Section 1 (b) of the IRR of R.A. 9711 null and void but we demand that the person who masterminded and did the ILLEGAL INSERTION of the phrase “OR URBAN PESTICIDES” be punished. The main culprit would be no other than the person who signed by Authority of the Secretary of Health, and he is Dr. Mario C. Villaverde, the Undersecretary of the Department of Health.
We learned that Dr. Mario C. Villaverde had just returned to the DOH and most likely was in-charge of regulations! We ask that the DOH Secretary UBIAL and the Office of the President of the Philippines to do something drastic versus Dr. Villaverde. Remove him from VERY IMPORTANT and SENSITIVE DOH and other Government Positions.
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