Fortune Tobacco Corp. v. Inter-Agency Committee - Tobacco
Fortune Tobacco Corporation v. Inter-Agency Committee - Tobacco, et al., SCA Case No. 2007-688-MK, Philippines Regional Trial Court, National Capital Judicial Region, Marikina City (2008).
- Philippines
- Feb 14, 2008
- Republic of the Philippines Regional Trial Court, National Capital Judicial Region, Marikina City, Branch 263
A tobacco company petitioned the Court for a declaratory judgment regarding a tobacco control law that regulated or prohibited tobacco advertisements, except those located within point-of-sale premises. The petitioner requested clarification of three issues: (1) the meaning of "premises" as used in the regulation; (2) the extent of regulation on point-of-sale-advertising materials; and (3) the identities of parties who would be held criminally liable for violations of the regulation. The Court held that "premises" denoted the entire tract of land on which a point-of-sale establishment rested, that the regulation placed no restrictions on advertising materials located within point-of-sale premises, and that the question of criminal liability was reserved for the prosecution to argue during criminal proceedings.
The Court of Appeals later said that procedural rules required the appeal be brought to the Supreme Court rather than the Court of Appeals. The Court of Appeals was required to dismiss the appeal outright.