Ilocos Sur Rep. Eric Singson Jr. has challenged the authority of the Department of Health (DOH) to implement the international Framework Convention on Tobacco Control (FCTC).
In a letter to DOH Secretary Enrique T. Ona dated May 2, Singson raised his concern over communication sent by National Center for Health Promotion director Dr. Asuncion Anden. The letter was obtained on Friday by GMA News Online.
The congressman claimed Anden was “demanding that the Department of Agriculture submit itself to an evaluation on their capacity to regulate the tobacco industry."
Singson argued that the FCTC “is not self-executory," and needs legislation to implement in the Philippines. However, the FCTC Alliance Philippines (FCAP) said the FCTC is an international treaty to which the country is a signatory. The Senate ratified it on June 5, 2005 and the FCTC entered into force on Sept. 4 that same year.
The World Health Organization has said the convention is the response of the international community to the global tobacco epidemic.
The National Tobacco Administration (NTA) has a charter, Executive Order No. 245, which “gives the NTA general and specific regulatory powers over tobacco," Singson said in his letter to Ona.
But the DOH implementing rules and regulations (IRR) on the Tobacco Regulatory Act of 2003 provides that, “Nothing in the FDA Act of 2009 shall be deemed to modify the jurisdiction of other specialized agencies and special laws only insofar as the acts covered by these specialized agencies and laws except the health aspects of such products." The IRR was issued on March 22, 2011.
Singson claims the IRR “caused confusion" in the tobacco industry because it gave the Food and Drug Administration (FDA) jurisdiction over tobacco.
Article III, Section 2 of the IRR of RA 9211 states, “The DOH, tasked with protecting the public's health against the injurious effects arising from the use of tobacco and tobacco products, has the responsibility of regulating tobacco and tobacco products through the FDA."
The Ilocos Sur congressman said he was informed by FDA Director Suzette Lazo that “the DOH will issue a clarificatory… on FDA’s coverage over tobacco." — With Earl Rosero/VS
