CITY ORDINANCE NO. 2026-631
(Sponsored by: Honorable Ariel J. Lim, Jr.)
"AN ORDINANCE PROVIDING FOR THE PAGADIAN CITY BOTIKA NG BAYAN MEDICINE DISPENSING ORDINANCE OF 2026"
WHEREAS, Section 15 of 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 11, Article 13 of the 1987 Philippine Constitution provides that "The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at an affordable cost";
WHEREAS, Republic Act No. 6675, also known as the Generics Act of 1988, mandates the use of generic drugs in all health programs of the government, ensuring that all Filipinos, especially the underserved, have access to affordable, safe, and effective medicines;
WHEREAS, medicines, prescription drugs and other basic medical supplies are globally essential lifeline articles that have to be readily available to the consuming public;
WHEREAS, pharmacy services particularly the prompt and appropriate dispensing of medicines and other medical supplies are indispensable health care services that must be unhampered, uninterrupted at all times, and readily accessible to the general public;
WHEREAS, the preservation of life is the most vital and primordial concern of every local government unit;
WHEREAS, the City Government of Pagadian recognizes the need to ensure the delivery of responsive, inclusive, and non-discriminatory health services to its constituents by providing free access to essential medicines for indigent residents through a transparent and efficient system, institutionalizing safeguards to prevent misuse, abuse, or inequitable distribution of government-procured medicines, and upholding the constitutional right to health and access to quality public health programs, particularly for the marginalized and vulnerable sectors;
NOW, THEREFORE, be it ordained by the Sangguniang Panlungsod (15th City Council) of Pagadian City in session assembled that:
SECTION 1. TITLE - This ordinance shall be known as the "Updated Pagadian City Botika ng Bayan Medicine Dispensing Ordinance of 2026."
SECTION 2. DECLARATION OF POLICY - It shall be the policy of the Local Government of Pagadian to establish and maintain a centralized pharmacy that shall dispense medicines only upon presentation of valid medical prescription issued by any duly licensed physician authorized to practice medicine in the Philippines.
SECTION 3. OBJECTIVES -This Ordinance aims to:
a. Establish clear and consistent guidelines for the dispensing of medicines through the Botika ng Bayan in Pagadian City;
b. Define qualifications, documentary requirements, and verification procedures to ensure that only qualified indigent residents benefit from the program;
c. Promote integrity, impartiality, and accountability in public health service delivery.
SECTION 4. DEFINITION OF TERMS - For purposes of this Ordinance, the following terms shall be understood as:
a. Botika ng Bayan - A local government-managed pharmacy that provides free or subsidized medicines to qualified constituents;
b. Indigent - A person who is without sufficient income or means of livelihood, certified by the barangay or local social welfare office as financially incapable;
c. Resident - A person who has lived continuously within Pagadian City for at least one (1) year prior to availing of Botika ng Bayan services;
d. Reseta - A valid and duly signed prescription issued by a licensed physician, indicating the type and quantity of medicines required;
e. Legitimate Physician - A medical doctor licensed by the Professional Regulation Commission (PRC), whether practicing in government or private health institutions.
SECTION 5. LOCATION OF CENTRALIZED PHARMACY OUTLET - The centralized pharmacy outlet of the City Government of Pagadian, through this Ordinance, shall be established on Ground Floor of the Executive Building, City Hall Complex, Barangay Gatas, this city, where its management and operation shall be vested;
SECTION 6. SUPPLIES PARTNER SCHEME - For this purpose, the Local Chief Executive shall be authorized to enter into a Memorandum of Agreement/Contract with the winning bidder of a reputable pharmaceutical distribution company for the establishment of supplies network where medicines and medical supplies shall be drawn on terms and conditions stipulated in the agreement/contract.
SECTION 7. OPERATION AND MANAGEMENT OF PHARMACY - The Pharmacy shall operate from Monday to Friday, or as necessary. No medicines, pharmaceutical drugs of whatever nature and kind or devices, shall be dispensed or otherwise be made available to the consuming public except through a prescription from a duly licensed Physician, in accordance with the existing laws.
SECTION 8. PHARMACY PERSONNEL - The personnel shall be initially composed of the following:
a. Two (2) Pharmacists
b. Two (2) Pharmacy Aides
c. One (1) Utility Worker
SECTION 9. RESPONSIBILITY FOR QUALITY OF DRUGS - Subject to existing laws, drugs, medicines, and/or any pharmaceutical products must be dispensed in their original pack, the seal of which has not been broken or tampered with. Such that, any liability due to quality and purity of the products, shall rest upon the manufacturer, or in his absence, the importer, the distributor, the representative or dealer who is responsible for the distribution or sale of such drugs, medicines and/or pharmaceutical products;
SECTION 10. BENEFICIARY ELIGIBILITY CRITERIA - To avail of medicines under the Botika ng Bayan program, an individual must:
a. Be an indigent as certified by the Barangay or the City Social Welfare and Development Office (CSWDO);
b. Be a bona fide resident of Pagadian City for at least one (1) year and a registered voter; in case of minor or a beneficiary under legal age, their parent or legal guardian must meet this residency and voter registration requirement;
c. Possess a valid medical prescription (reseta) issued by a physician duly licensed and registered to practice in the Philippines;
d. Have not previously availed of medications from the Botika ng Bayan in the past three (3) months, particularly for maintenance or regular lifetime medications;
e. Have no record of falsification, abuse, or violation of this Ordinance or any related program guidelines.
SECTION 11. DOCUMENTARY REQUIREMENTS - All applicants shall submit the following documents:
a. Barangay Certificate of Indigency - Issued within the last three (3) months;
b. Proof of Residency - Any government-issued ID indicating address in Pagadian City, Barangay Clearance, or recent utility bill under the applicant's name;
c. Valid Medical Prescription - Issued not more than seven (7) days prior to application by a licensed public or private physician;
d. Photocopy of any valid government-issued ID- For verification and record purposes;
e. Voter's Identification Card- a valid identification card issued by the Commission On Elections (COMELEC).
f. In cases where the patient is unable to personally process the application due to illness or incapacity, a duly authorized representative within the fourth (4th) degree of consanguinity or affinity may transact on the patient's behalf, provided that the following documents are submitted:
1. An Authorization Letter signed by the patient and a medical certificate indicating the patient's permanent or temporary incapacity;
2. A photocopy of any valid government-issued ID of both the patient and the representative.
The record of availment will be documented under the patient's file or record.
SECTION 12. DISPENSING PROCEDURE - The dispensing of medicines shall be carried out in accordance with established pharmacy standards and applicable laws and regulations. It shall ensure proper prescription verification, accurate labeling, and safe and orderly release of medicines to qualified recipients.
a. The applicant shall proceed to the designated Botika ng Bayan outlet and submit the required documents for verification;
b. Upon validation of eligibility, medicines shall be dispensed in accordance with the quantity and dosage stated in the prescription;
c. The recipient shall sign a dispensing logbook or electronic form confirming receipt of the medicine;
d. In cases of unavailability of specific medicines, the pharmacist may dispense generic equivalents with prior informed consent of the recipient;
e. All drugs and medicines dispensed shall be recorded by the pharmacist in a secured data logging system, such as a personal computer or similar electronic device, and shall be made available for review by an authorized auditor of the Local Government Unit (LGU) of Pagadian.
f. No service fees, tips, donations, or any form of payment shall be required.
SECTION 13. MANDATORY COMPLIANCE IN THE DISPENSING OF ANTIBIOTICS AND MAINTENANCE MEDICINES -
a. In cases involving antibiotics, the same shall be dispensed and administered strictly in accordance with the complete dosage and duration as prescribed by the attending physician. Partial or incomplete dispensing of antibiotic medication shall not be allowed.
b. In cases involving maintenance medicines, the dispensing thereof shall cover a minimum supply sufficient for at least three (3) months, unless otherwise directed by the prescribing physician on medical grounds.
SECTION 14. IN CASES OF UNAVAILABILITY OF PRESCRIBED DRUGS.- In instances where the medicine prescribed by a duly licensed private physician is not available at the Botika ng Bayan or the City Centralized Pharmacy Outlet, the patient may seek a second opinion or re-consultation with a physician from the City Health Office. The City Health physician may, upon proper evaluation and in the exercise of sound medical judgment, prescribe an alternative medicine that is therapeutically equivalent and available within the City Pharmacy, subject to existing standards and regulations of the Department of Health (DOH) and the Food and Drug Administration (FDA).
SECTION 15. RECORDS AND MONITORING
a. A centralized database of all beneficiaries and transactions shall be maintained by the City Health Office for transparency and audit;
b. All prescriptions, indigency certificates, and release forms shall be securely filed and retained for at least one (1) year. These records shall also be subject to audit and review by the Local Health Board every semester prior to the purchase of the next batch of medicines, ensuring continuous compliance and efficient resource allocation.
c. Quarterly reports shall be submitted by the City Health Officer to the Local Health Board for monitoring and policy evaluation.
SECTION 16. ACCOUNTABILITY AND PROHIBITED ACTS - The following acts are prohibited and shall be penalized accordingly:
a. Favoritism or discrimination in the dispensing of medicines;
b. Requiring or soliciting any form of political support or election-related action in exchange for medicines;
c. Falsification of indigency certificates, prescriptions, or identity to avail of the program;
d. Selling, reselling, or bartering of medicines obtained from the Botika ng Bayan;
e. Allowing unqualified individuals to benefit from the program through collusion or negligence.
SECTION 17. PENALTIES - Any individual, whether beneficiary or public employee, found violating this Ordinance shall be subject to the following:
a. For beneficiaries:
First offense: Suspension from program for six (6) months;
Second offense: Permanent disqualification from the program, with the beneficiary being placed on a blocklist.
Third offense: Filing of appropriate civil or criminal case under relevant laws.
b. For government personnel:
Administrative charges under Civil Service Rules;
Disciplinary sanctions including suspension or dismissal;
Referral to the Office of the Ombudsman for appropriate action.
SECTION 18. CONFIDENTIALITY - All personal and health information obtained under this Ordinance shall be treated as confidential and protected in accordance with the Data Privacy Act of 2012.
SECTION 19. IMPLEMENTING OFFICE - The City Health Office, in coordination with the City Social Welfare and Development Office, shall be the lead implementing office, tasked with:
a. Enforcing this Ordinance;
b. Developing implementing rules and guidelines in accordance with the provisions of this ordinance.
c. Conducting orientation and training for BNB personnel;
d. Reviewing and recommending periodic updates to improve the program.
SECTION 20. APPROPRIATIONS - Funds necessary for the implementation of this Ordinance shall be charged against the appropriate annual budget of the City Government of Pagadian. Supplementary funds may be sourced from grants, donations, or national government assistance, subject to accounting and auditing rules.
SECTION 21. SEPARABILITY CLAUSE - If any provision or part of this Ordinance is declared unconstitutional or invalid, the remaining provisions not affected thereby shall remain in full force and effect.
SECTION 22. REPEALING CLAUSE - City Ordinance No. 2021-498 and all ordinances, resolutions, executive orders, or parts thereof inconsistent with this Ordinance are hereby repealed or amended accordingly.
SECTION 23. EFFECTIVITY - This Ordinance shall take effect fifteen (15) days after its publication in a newspaper of general circulation or posting in at least three (3) conspicuous places in Pagadian City.
ENACTED AND APPROVED by the Sangguniang Panlungsod (15th City Council) during its 45th Regular Session held on 05 August 2026 at the SP Session Hall, 4th Floor City Commercial Center Building, Santiago District, Pagadian City.
MONIQUE SHAIRA Y. TO
City Vice Mayor/Presiding Officer
Verified:
JACKIELYN KRYSTYL C. BANA
SP Member/ Floor Leader
Attested:
ELKID P. NACUA
Secretary to the Sangguniang Panlungsod
Approved:
SAMUEL S. CO
City Mayor
Date:_________________
APPROVED BY THE SANGGUNIANG PANLUNGSOD, BY AN AFFIRMATIVE VOTE OF AT LEAST TWO-THIRDS (2/3) OF ALL THE MEMBERS, THEREBY, OVERRIDING THE VETO OF THE HONORABLE CITY MAYOR, PURSUANT TO SECTION 54, IN RELATION TO SECTION 55, OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE "LOCAL GOVERNMENT CODE OF 1991."