GEN. DIONISIO R. SANTIAGO Ret.

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Philippine Drug Enforcement AgencyBarangay
Pinyahan, Quezon City, Philippines
Legal Infrastructure and Enforcement Landscape
Presented by
GEN. DIONISIO R. SANTIAGO (Ret.) Sr.
Undersecretary / Director General
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LEGAL INFRASTRUCTURE

• DEFRAUDS ILLNESS/DISEASE-SUFFERING CONSUMERS.
• DEPRIVE SICK PEOPLE OF THE OPPORTUNITY TO GET
  WELL AND RECOVER FROM SICKNESS.

• U.S. FDA SAW A PATTERN OF INCREASE IN NO. OF
  INVESTIGATIONS.
• ALARMED, THE U.S. FDA CONDUCTED STUDIES.
• THE PROBLEM WAS CONFIRMED TO BE AN INCREASE IN
  THE OFFENSE OF COUNTERFEITING OF
  DRUGS/PHARMACEUTICALS.
• RESULTS AND FINDINGS NOT YET DISSEMINATED ON
  REGIONAL LEVELS.
• ASIA-PACIFIC FIRST TIME EXPERIENCE WITH THIS KIND
  OF FORUM CONCERNING COUNTERFEIT DRUGS.

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• THERE APPEARS TO BE MINIMAL INTERNATIONAL
  ACCORDS AND CONVENTIONS IN THE PAST.
• MEDWATCH IS A SYSTEM OF MONITORING BUT IS HIGHLY
  LIMITED TO THE RANKS OF HEALTH PROFESSIONALS.
• PDEA IS ACTUALLY NOT THE PARTY TO REPRESENT THE
  PHILIPPINES IN THIS FORUM BUT NEVERTHELESS
  DECIDED TO ACTIVELY PARTICIPATE MIGHT GAIN FROM
  SUCH AN INVOLVEMENT.
• PROVISIONS OF REVISED PENAL CODE, BOOK 2, TITLE
  4, SECTION 2, ARTICLES 188-189, FRAUD AND
  COUNTERFEITINGIN COMMERCIAL AND INSTRIAL REALM.
• RA 3720 - CREATION OF THE BFAD AND
  CRIMINALIZATION OF CERTAIN ACTS OF FRAUDS
  INVOLVING COMMERCIAL FOOD PRODUCTS.
• RA 8203 - SPECIAL LAW ON ANTI-COUNTERFEITING OF
  DRUGS.
• RA 9165 - CREATION OF THE PDEA AND PROVISIONS
  FOR ENFORCEMENT OF THE COMPREHENSIVE DANGEROUS
  DRUGS LAW.

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ENFORCEMENT LANDSCAPE

• EXISTING ENFORCEMENT AGENCIES
• REGION-WISE IN SOUTHEAST ASIA, ASEANAPOL DOES
  NOT HAVE ACTIVE FORCE TO DEAL WITH COUNTERFEIT
  DRUGS.
• EXISTING ENFORCEMENT AGENCIES INCLUDE BFAD, PNP
  AND NBI.
• ESTABLISHMENT AND AVAILABILITY OF DATA SHOULD BE
  DONE BY BFAD.
• DETERMINATION OF THE MOTIVE FOR THE DRUG
  COUNTERFEITING ACTIVITY.

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SUMMARY AND CONCLUSION

• - PDEA IS ONLY ONE OF LAW ENFORCEMENT AGENCIES IN
  PHILIPPINES ENFORCING PROVISIONS OF SPECIAL LAWS
  THAT CREATED THEM
• RA 3720 IS THE LAW THAT CREATED BFAD AND PROVIDES
  FOR DOH AUTHORITY OVER DRUG PREPARATIONS AND
  RELATED MATTERS
• THE REVISED PENAL CODE PROVIDES FOR PENALTIES FOR
  COUNTERFEITING AND FRAUD IN COMMERCE AND INDUSTRY
  SETTING
• RA 8203 IS ENFORCERABLE BY BFAD, THE PNP AND THE
  NBI
• PDEA HAS NOTHING TO DO WITH RA 8203 ENFORCEMENT.

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Philippine Drug Enforcement AgencyBarangay
Pinyahan, Quezon City, Philippines
Thank You
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