Fortune Tobacco Company sought a temporary restraining order against the Department of Health's Administrative Order (AO) 2010-0013, based on its contention that the order (which seeks to bring the Philippines' existing Tobacco Control Law into compliance with the FCTC) is null and void and without legal effect because it is in contravention to an already existing statute, namely R.A. No. 9211, known as the Tobacco Regulation Act of 2003. Claiming that AO 2010-0013 was issued as an "invalid exercise and usurpation of legislative power," petitioners specifically took issue with the provisions of the AO that required additional graphical warnings.
Finding that preliminary injunctions are provisional remedies intended merely to preserve the status quo until the issue could be fully litigated on the merits before a trial court, the Court ruled the interest of justice would be "better served if the status quo is maintained." The Court thus granted a writ of preliminary injunction enjoining the implementation of the AO, and requiring a 5,000,000 peso bond to compensate the Department of Health in the event that the ultimate court decision was unfavorable.
Fortune Tobacco Corp. v. Dep't of Health, SCA No. 2010-796-MK, Philippines Regional Trial Court Branch 272 Marikina City (2010).
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging.
(See FCTC Art. 11)
The legislative branch, through its tobacco control legislation, may have granted too much authority to the executive branch to implement measures administratively.
Subsequent regulations exceed the scope of the originating law.
Type of Tobacco Product
None
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"While it is true that AO 2010-0013 enjoys the presumption of validity and constitutionality until proven otherwise, but for the purpose of issuing an injunctive relief, this matter still lacks relevance and premature to consider. Obviously, a law need not be declared unconstitutional first before a preliminary injunction against its enforcement may be granted...After thorough study of the allegations and arguments raised by the petitioner both in its petition and memorandum, the Court holds that the interest of justice will be better served if the status quo is maintained."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
Fortune Tobacco Company sought a temporary restraining order against the Department of Health's Administrative Order (AO) 2010-0013, based on its contention that the order (which seeks to bring the Philippines' existing Tobacco Control Law into compliance with the FCTC) is null and void and without legal effect because it is in contravention to an already existing statute, namely R.A. No. 9211, known as the Tobacco Regulation Act of 2003. Claiming that AO 2010-0013 was issued as an "invalid exercise and usurpation of legislative power," petitioners specifically took issue with the provisions of the AO that required additional graphical warnings.
Finding that preliminary injunctions are provisional remedies intended merely to preserve the status quo until the issue could be fully litigated on the merits before a trial court, the Court ruled the interest of justice would be "better served if the status quo is maintained." The Court thus granted a writ of preliminary injunction enjoining the implementation of the AO, and requiring a 5,000,000 peso bond to compensate the Department of Health in the event that the ultimate court decision was unfavorable.