An Anomaly Committed By Dr. Mario C. Villaverde In The Final Approval Of The IRR of Chapter XVI

AN ANOMALY COMMITTED BY DR, MARIO C. VILLAVERDE IN THE FINAL APPROVAL OF THE IMPLEMENTING RULES & REGULATION [IRR] OF CHAPTER XVI OF VERMIN CONTROL OF PRESIDENTIAL DECREE NO. 856

The NCUPC was one of the parties to the Drafting of the Implementing Rules & Regulations [IRR] of Chapter XIV [Vermin Control] of Presidential Decree 856. otherwise known as the Code of Sanitation of the Philippines.

Last DOH Consultative Workshop On The Draft Code of Sanitation [PD 856] Chapter XVI Vermin Control in Baguio City on October 12-14, 1995. I witnessed that FPA was not here and in other areas!

Section 69. Definition of Terms As used in this Chapter, the following terms shall mean:

(a) Place Land, building, residence, pier, watercraft, aircraft or any means of conveyance.

(b) Vermin A group of insects or small animals such as flies, mosquitoes, cockroaches, fleas, lice, bedbugs, mice and rats which are vectors of diseases.

Section 70. General Requirements

(a) A vermin abatement program shall be maintained in places by their owners, operators or administrators. If they fail, neglect or refuse to maintain a vermin abatement program, the local health agency will undertake the work at their expense.

(b) Vermin control in public places shall be the responsibility of the provincial, city or municipal governments which have jurisdiction over them.

(c) The procedure and frequency of vermin abatement program shall be determined and approved by the local health authority.

The Drafting of the IRR of Chapter XIV of PD 856 happened in different areas in the country. It was headed by Dr. Mario C. Villaverde, Director, DOH Environmental Health Service.

In all those areas, the Fertilizer & Pesticide Authority [FPA] was absent. Health Circular 155 formed mostly the IRR. 

Health Circular 155 S-1975, Page 1

Health Circular 155 S-1975, Page2

However, when it was finally approved in 1998 by then DOH Secretary Carmencita Noriega-Reodica, the FPA, an agency of the Department of Agriculture was already included and became the lead agency. Dr. Villaverde committed an anomaly in this instance by inserting the Fertilizer & Pesticide Authority [FPA].

Presidential Decree 856, Page 1

Presidential Decree 856, Last Page

However, the approved IRR became illegal after the Supreme Court came out with its decision in 2007 that the FPA has no jurisdiction over urban pesticides and urban pest control activities.

The Implementing Rules & Regulations [IRR] of Chapter XVI [Vermin Control] of Presidental Decree 856 can't be implemented as a result of the anomaly committed by the Department of Health [DOH] itself as the result of the 2007 Supreme Court Final Decision. The whole exercise of drafting the IRR became the exercise of futility and the waste of resources.