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    Venus Commercial Co

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    Mary Anne Turiano
    The Supreme Court upheld the constitutionality of Section 10(ff) of RA 3720, ruling that it did not constitute an invalid delegation of legislative power to the FDA. The Court found that RA 3720 provides complete guidelines and limitations for the FDA to enforce, meeting the tests for a valid delegation. While the final sentence of Section 10(ff) gives the FDA authority to determine what constitutes a health product, the petitioner's product still fell under the FDA's jurisdiction. The Court reversed the Court of Appeals' decision dissolving the writ of permanent injunction.

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    Venus Commercial Co

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    Mary Anne Turiano
    44 views2 pages
    The Supreme Court upheld the constitutionality of Section 10(ff) of RA 3720, ruling that it did not constitute an invalid delegation of legislative power to the FDA. The Court found that RA 3720 provides complete guidelines and limitations for the FDA to enforce, meeting the tests for a valid delegation. While the final sentence of Section 10(ff) gives the FDA authority to determine what constitutes a health product, the petitioner's product still fell under the FDA's jurisdiction. The Court reversed the Court of Appeals' decision dissolving the writ of permanent injunction.

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    The Supreme Court upheld the constitutionality of Section 10(ff) of RA 3720, ruling that it did not constitute an invalid delegation of legislative power to the FDA. The Court found that RA 3720 provides complete guidelines and limitations for the FDA to enforce, meeting the tests for a valid delegation. While the final sentence of Section 10(ff) gives the FDA authority to determine what constitutes a health product, the petitioner's product still fell under the FDA's jurisdiction. The Court reversed the Court of Appeals' decision dissolving the writ of permanent injunction.

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    44 views2 pages

    Venus Commercial Co

    Uploaded by

    Mary Anne Turiano
    The Supreme Court upheld the constitutionality of Section 10(ff) of RA 3720, ruling that it did not constitute an invalid delegation of legislative power to the FDA. The Court found that RA 3720 provides complete guidelines and limitations for the FDA to enforce, meeting the tests for a valid delegation. While the final sentence of Section 10(ff) gives the FDA authority to determine what constitutes a health product, the petitioner's product still fell under the FDA's jurisdiction. The Court reversed the Court of Appeals' decision dissolving the writ of permanent injunction.

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    of 2

    VENUS COMMERCIAL CO., INC.

    vs

    THE DEPARTMENT OF HEALTH and THE FOOD AND DRUG ADMINISTRATION

    FACTS:

     In a letter dated April 7, 2014 received by the FDA from Ecowaste Coalition, it alleged that the
    Artex Fine Water Colors manufactured by petitioner Venus Commercial Co., have high lead
    content. Acting thereon, FDA purchased samples of Artex Fine Water Colors and subjected them
    to laboratory analysis. The results showed that the amount of lead in each sample exceeded the
    maximum tolerable limits prescribed by FDA. Verification with the records of this Office also
    shows that the aforesaid establishment has no valid license to operate as
    manufacturer/distributor of the questioned product.
     Consequently, the FDA Acting Director-General issued FDA Personnel Order No. 2014-220
    granting authority for Food and Drug Regulation Officers of the RFO-NCR to proceed and enter
    Venus Commercial Company, Inc. located at 10 University Ave., Malabon City, conduct
    inspection, and if confirmed manufacturing and/or distributing Artex Fine Water Colors, to seize
    the same and/or padlock the establishment.
     On May 29, 2014, FDA agents went to petitioner's office in Malabon City to implement the said
    FDA Order but weren’t allowed in by the security. The FDA agents left, but not without first
    serving Venus a Notice of Violation Report. They also advised the company that they would
    return to implement the Order on another date.
     A few days later, or on June 4, 2014, Venus filed a petition for certiorari and prohibition with
    application for writ of preliminary injunction and/or temporary restraining order (TRO). Among
    other things, Venus assailed Section 10(ff) of the RA 3720, as amended, for being supposedly an
    undue delegation of legislative power.
     In its Decision, the trial court stated that it avoided the issue of constitutionality and focused
    solely on the factual basis of FDA Personnel Order No. 2014-220. It ruled that since there was no
    showing that laboratory tests were actually done on the product samples, the right of Venus to
    due process was violated, hence, the impugned FDA Personnel Order No. 2014-220 is void.
     Respondents brought the same to the appellate court, in its Decision the Court of Appeals
    reversed and consequently dissolved the writ of permanent injunction. Hence, this petition.

    ISSUE:

    1. Whether or not Section 10 (ff) of RA 3720, as amended, constitute an invalid delegation of


    legislative power.

    RULINGS:

    1. SECTION 10 (FF) OF RA 9711 DOES NOT CONSTITUTE AN INVALID DELEGATION OF


    LEGISLATIVE POWER.
    It is a well settled rule under the doctrine of non-delegation of legislative power that what has
    been delegated cannot be delegated. Congress may, however, delegate to another branch of the
    Government the power to fill in the details in the execution, enforcement, or administration of a
    law. But, it is essential, to forestall a violation of the principle of separation of powers, that said
    law be a valid delegation of legislative power.

    The Court has adopted two (2) tests in determining whether a statute is validly delegated or not,
    to wit: the completeness test and the sufficient standard test. Under the first test, the law must
    be complete in all its terms and conditions when it leaves the legislature such that when it
    reaches the delegate, the only thing he or she will have to do is to enforce it. The second test or
    the sufficient standard test, mandates that there should be adequate guidelines or limitations in
    the law to determine the boundaries of the delegate's authority and prevent the delegation from
    running riot.

    RA 3720, as amended, is complete in itself such that Section 3 thereof sets forth the policy to be
    carried out or implemented by the delegate, the FDA. Furthermore, the law fixes a standard and
    the limits of such standards are sufficiently determinate or determinable. Consistent with the
    State policy to protect and promote the right to health of the Filipino people and maintain an
    effective health products regulatory system, the legislature strengthened the FDA's regulatory
    power over "health products” by virtue of Sec. 10 (ff) of the same law. Whether the final
    sentence of Section 10 (ff) gave the FDA unbridled authority to determine what constitutes a
    health product, hence, void, is wholly immaterial here. Just the same, petitioner's Artex Fine
    Water Colors would still be classified as "health products" within the regulatory jurisdiction of the
    FDA for it still squarely falls under "household/urban hazardous substances" as defined in Section
    10 (gg) of RA 3720.

    Therefore, the Court ruled that there is no undue delegation of legislative power in this case.

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