Fortune Tobacco Corp. v. Inter-Agency Committee - Tobacco

A tobacco company petitioned the Court for declaratory relief regarding a tobacco control law that regulated or prohibited tobacco advertisements, excepting those located within point-of-sale premises.  Students at the University of the Philippines filed a motion to intervene, claiming that the issues being litigated implicated their right to health and arguing that young people are particular targets of tobacco advertisements.  The Court denied the motion, finding that the students' interest in the litigation was too impersonal and indefinite to provide legal standing.

Fortune Tobacco Corporation v. Inter-Agency Committee - Tobacco, et al., SCA Case No. 2007-688-MK, Republic of the Philippines Regional Trial Court, National Capital Judicial Region, Marikina City, Branch 263 (2007).

  • Philippines
  • Oct 25, 2007
  • Republic of the Philippines Regional Trial Court, National Capital Judicial Region, Marikina City, Branch 263

Parties

Plaintiff Fortune Tobacco Corporation

Defendant

  • Administrator of the National Tobacco Administration
  • Inter-Agency Committee - Tobacco
  • President of the Framework Convention of Tobacco Control Alliance
  • President of the Philippine Tobacco Institute
  • Secretary of the Department of Agriculture
  • Secretary of the Department of Education
  • Secretary of the Department of Environment and Natural Resources
  • Secretary of the Department of Finance
  • Secretary of the Department of Health
  • Secretary of the Department of Justice
  • Secretary of the Department of Science and Technology
  • Secretary of the Department of Trade and Industry

Third Party

  • JT International (Philippines), Inc.
  • La Suerte Cigar and Cigarette Factory, Telengtan Brothers & Sons, Inc. (La Suerte)
  • Mighty Corporation Tobacco Company
  • Philip Morris Philippines Manufacturing, Inc. (PMPMI)

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"Although the Court finds noble the intention of herein respondents-movants; their supposed interest is too general and far too detached from the ultimate objective of this petition. Not only is the presumed interest impersonal in character, it is likewise too vague, highly speculative and uncertain to satisfy the requirement of standing. (Toleotino vs Board of Accountancy, 90 Phil 83)."