ORDINANCE NO: 2022-509 Sponsored by: Hon. Priscilla M. Fernandez "AN ORDINANCE PRESCRIBING POLICIES FOR RESPONSIBLE DISPENSING, SELLING, AND RESELLING OF PRESCRIPTIONS AND PHARMACIST ONLY-OVER-THE-COUNTER PHARMACEUTICAL PRODUCTS IN ALL DRUGSTORES AND PHARMACIES INCLUDING, BUT NOT LIMITED TO, THE PROHIBITION OF DISPENSING, SELLING, AND RESELLING OF PRESCRIPTIONS AND PHARMACIST ONLY-OVER-THE-COUNTER PHARMACEUTICAL PRODUCTS IN ALL SARI-SARI STORES AND OTHER SIMILAR RETAIL OUTLETS WITHIN THE TERRITORIAL JURISDICTION OF PAGADIAN CITY" WHEREAS, Section 15, Article 2 of the 1987 Philippine Constitution provides that, the State shall protect and promote the right to health of the people and instill health consciousness among them; WHEREAS, Section 33 of Republic Act No. 10918, otherwise known as "Philippine Pharmacy Law" clearly provides that prescription medicines may be dispensed only by a registered and licensed pharmacist and with valid prescription/s from a physician, dentists or veterinarian; WHEREAS, Section 4, paragraph 4.1.3 of DILG Memorandum Circular No. 2022-025 provides that "sari-sari stores and other similar retail outlets and micro enterprises are prohibited from dispensing, selling, or reselling prescription and pharmacist only over-the-counter medicines as defined by FDA, as these medicines may only be dispensed by or obtained from a licensed pharmacist and with said licensed pharmacist's advice xx..."; WHEREAS, the preservation of life is the most vital and primordial concern of every Local Government Units; NOW, THEREFORE, Be it ordained by the Sangguniang Panlungsod (13th City Council) of Pagadian City in session assembled that: SECTION 1. Title. This Ordinance shall be entitled "An Ordinance Prescribing Policies For Responsible Dispensing, Selling, And Reselling Of Prescriptions And Pharmacist Only-Over-The-Counter Medicines In All Drugstores And Pharmacies Including, But Not Limited To, The Prohibition Of Dispensing, Selling, And Reselling Of Prescriptions And Pharmacist Only-Over-The-Counter Medicines In All Sari-Sari Stores And Other Similar Retail Outlets Within The Territorial Jurisdiction Of Pagadian City"; SECTION 2. Objective. This Ordinance provides policies for responsible dispensing, selling and reselling of prescriptions and pharmacist only over-the-counter medicines in all drugstores and pharmacies, including the prohibition of dispensing, selling, and reselling of the aforementioned medicines in all sari-sari stores and other similar retail outlets in the City of Pagadian; SECTION 3. Definition of Terms. For the purpose of this Ordinance, the following terms shall mean: Pharmacy or Drugstores or Pharmaceutical Outlets - shall refer to entities licensed by FDA, and which are involved in compounding and/ or dispensing and selling of pharmaceutical products directly to the patients or end-users; SAR-SARI Stores, Retail Outlets, and other similar retail outlets - shall refer to an establishment allowed to sell non-prescription medicines only to the general public; SECTION 5. Penal Clause. Any person who violates this Ordinance shall be penalized as follows: First Offense: Fine of One Thousand (Php1,000.00) Pesos and a Cease-and-Desist Order. Second Offense: Fine of One Thousand Five Hundred (Php1,500.00) Pesos and Temporary Revocation of Permit. Third Offense: Fine of Two Thousand (Php2,000.00) Pesos and Revocation/ Cancellation of Business Permit and Permanent Closure of the establishment. SECTION 6. Implementation. The Office of the Local Chief Executive shall be the lead office tasked to implement and enforce this ordinance. SECTION 7. Repealing Clause. All existing City Ordinances which are inconsistent with the herein provisions are hereby repealed and/or modified accordingly; SECTION 8. Separability Clause. Any provision that may be declared by any competent court to be invalid shall not affect the rest of the provisions not so declared illegal; SECTION 9. Effectivity Clause. This ordinance shall take effect Thirty (30) Days after publication in a newspaper of general circulation in Pagadian City. ENACTED AND APPROVED by the Sangguniang Panlungsod (13th City Council) during its 124th Regular Session on 13 April 2022 conducted via Video Conferencing.