Philip Morris Philippines Manufacturing Inc. v. Department of Health
This is a new resolution denying the government's motion for reconsideration, so the August 26, 2011 decision stands. The Court of Appeals ruled there were no new arguments raised in the motion for reconsideration to warrant a reversal of its prior ruling. This resolution repeats the appellate court's opinion that domestic law distinguishes promotions from advertising and sponsorship. The resolution reiterates its holding that the FCTC is not self-executing and cannot provide a legal basis for a full ban on promotional, advertising and sponsorship activities absent domestic law implementing the treaty.
Phillip Morris Philippines Manufacturing Inc. v. Department of Health, CA-G.R. SP No. 109493 (2012)
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.
A violation of the right to procedural fairness. For example, a party may claim that a government agency did not consult with public or stakeholders when issuing regulations.
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.
"We agree with the petitioner in contending that the Framework Convention on Tobacco Control (FCTC) is not self-executing and cannot be the direct legal basis for the respondents to justify its mistaken stance that Tobacco Promotions are now fully prohibited. For indeed, although the World Health Organization Framework Convention on Tobacco Control aims at total elimination of tobacco products and related activities, it provides only for a gradual elimination of tobacco due to health concerns and takes into account the "legal environment and technical means available" to the signatory Country."
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.
This is a new resolution denying the government's motion for reconsideration, so the August 26, 2011 decision stands. The Court of Appeals ruled there were no new arguments raised in the motion for reconsideration to warrant a reversal of its prior ruling. This resolution repeats the appellate court's opinion that domestic law distinguishes promotions from advertising and sponsorship. The resolution reiterates its holding that the FCTC is not self-executing and cannot provide a legal basis for a full ban on promotional, advertising and sponsorship activities absent domestic law implementing the treaty.