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].
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| 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?
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| Page 15 of RA 9711 |
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| 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.
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| 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.
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| Letter of Atty. Dupio to FDA, Page 2. |
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| 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.
