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CONGRESS is taking a break next week and a review of its work is
timely. We take a hurried look at some of the interesting bills that
are on the agenda that may or may not pass before the June 12
recess.
There is little enthusiasm for the extension of
the Comprehensive Agrarian Reform Program that Malacanang has
certified as urgent. The program expires on June 15 under a growing
debate.
The advocates claim the law has achieved much of
its purpose, which is to democratize land ownership and increase
food production. The critics say agrarian reform has failed to
improve life in the countryside. Moreover, the Department of
Agrarian Reform has great difficulty explaining how it spent its
funds in the past several years. The lawmakers add that there is no
time to pass H.B 4077, the bill that seeks to extend CARP, since
Congress is taking a break next week.
What are we to make of H.B. 3859, introduced by
Rep. Eduardo Nonato Joson of Nueva Ecija, that calls for a
presidential snap election? The author says the bill will resolve
the question of legitimacy surrounding the presidency of President
Gloria Arroyo.
There is nothing to resolve: she was elected
lawfully and dutifully confirmed and proclaimed by the Commission on
Elections. If Mr. Joson wants to save the country from coups, people
power and violent protests, he should advocate peaceful elections in
May 2010. H.B. 3859 is divisive; it raises expectations; it will
distract attention from more important work.
The good news is that the Pre-Need Code in the
Senate would strengthen the controversial pre-need industry and
provide parents the finances for their children’s education. The
senators have restructured the trust fund mechanism by requiring
strict disclosure, including the risks associated with buying
pre-need plans.
Other bills worth passing are S.B. 2333, which
improves the overseas absentee voting law; H.B. 3811, which
penalizes failure to liquidate cash advances (the government has
billions of these); and the Personal Equity and Retirement Account
bill to help workers deal with economic difficulties.
We hope we would not need a special session to
pass these measures.
A landmark medicine bill
PRESIDENT Gloria Arroyo is scheduled to sign
today a very important bill that would lower the costs of quality
medicines, save the sick and their families great sums of money and
offer the great mass of Filipinos a lifeline in these days of
continually rising prices.
She has invited to the signing ceremony the
principal authors and sponsors of the Senate and House bills that
became an omnibus measure—Senators Mar Roxas and Pia Cayetano and
Congressmen Teddy-boy Locsin and Antonio Alvarez.
The President had certified to the urgency of
the Universally Accessible, Cheaper and Quality Medicines Act of
2008 for its far-reaching benefits. It took two Congresses to pass
the measure. She shares honor in its passage.
It was a tough battle to have the law passed.
The Senate passed its version first and the House, playing catch-up,
followed. Both chambers united behind the landmark measure that
broke the hold of the big drug companies.
With the law, retail chains, private hospitals
and other private entities can help bring in affordable medicines by
bulk, ordering them from the Philippine International Trading Corp.
If they have the resources, they may choose to
conduct parallel importation of the medicines themselves, with
licenses from the Department of Health and the Bureau of Food and
Drugs.
Local governments, nongovernment organizations
and labor groups, among others—registered with the DOH and BFAD—may
pool their resources and order medicines from PITC for sale or
distribution to residents or members.
The law adopts the “early working doctrine,”
that allows generic drug companies to begin testing, producing and
registering drugs even prior to expiry of a patent. With this
elbow-room, Filipino manufacturers can start to identify patented
drugs that are near-expiry and start developing more affordable
generic versions.
The act allows the government to use existing
patents even without the consent of the patent holder, when a health
emergency is determined. Before this amendment, it would have taken
the government a long time to act on outbreaks or epidemics, such as
the threat of SARS and bird flu. If an epidemic strikes, the
government can immediately exercise its duty to protect public
health.
Passing the law is a first step, said Senator
Roxas, the principal author, who worked on the bill for the past 10
years, starting from his House term. The real victory, he said, lies
in having cheaper quality medicines sold in the public outlets. This
requires political will and the full support of civil society and
the private sector.
In his view, the fight isn’t over because
pharmaceutical companies and special interests groups may still try
to impede effective implementation of the law.
We hope that doesn’t happen and that a
becoming sense of responsibility and social conscience would guide
all the parties as we begin to enforce the law and bring affordable
quality medicines to the poor and the middle class.
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