Fortune Tobacco Co. v. Dept. of Health

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).

  • Philippines
  • Jul 1, 2010
  • Regional Trial Court


Plaintiff Fortune Tobacco Corporation

Defendant Department of Health

Legislation Cited

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product