Telengtan Brothers & Sons, Inc. v. Ona, et al.

A tobacco manufacturer challenged the Department of Health’s (DOH) requirements to use graphic and text health warnings on its tobacco packaging.  The company sought an injunction preventing the regulations from taking effect, arguing the regulations were outside the authority of the DOH and would take the company’s property.  The court considered the regulations in combination with the FCTC and the authority granted to the DOH under the tobacco control law.  The court ultimately held that the regulations were issued in excess of the authority of DOH and granted the injunction sought by the tobacco company.

Telengtan Brothers & Sons, Inc. v. The Department of Health Civil Case No. 10-0277

  • Philippines
  • Sep 8, 2010
  • National Capital Judicial Region Regional Trial Court Branch 196 Paranque City
Download Document

Parties

Plaintiff Telengtan Brothers and Sons (La Suerte Cigar and Cigarette Factory)

Defendant

  • The Dep't of Health
  • The Hon. Sec'y of Health Enrique T. Ona

Legislation Cited

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"It would be an understatement for public respondent to disregard Section 29 of RA9211 creating the IACT (Tobacco Control Committee) when the broad spectrum of social relevancy of tobacco sale, distribution, advertisement is left for the policy determination by the IACT, which collegial body determines as a matter of policy and plan of activity means of regulating the distribution of tobacco products. It can not be overly emphasized that the existence of Section 29 of RA2911 is a delimitation to the authority of the Department of Health to exclusively undertake policy formulation and plan activities for tobacco regulation under Section 3.1 Chapter 1 of Title IX of EO292 by force of statute, given the expressed intention and meaning of the law. Unfortunately, was disregarded by public respondent to render the assailed AO2010-0013 to have been issued in excess of authority, without drawing policy guideline and plan framework from the IACT which board was created by law."