A position paper submitted to the Quality and Accessible Medicines Oversight Committee (QAMOC) on the Universally Accessible Cheaper and Quality Medicines Act of 2008
(19 March 2012)
CONSUMERS' ACTION FOR EMPOWERMENT works on the premise that health is a basic human right and it includes the right to accessible, safe and affordable essential medicines.
We believe that the key to improving people's access to affordable and safe essential medicines and other goods and services can only be achieved when people are provided full economic and social opportunities in a democratic society.
From the start, the Cheaper Medicines Act had its inherent flaws and was not expected to effectively bring down the prices of medicines. The act failed to address exorbitant drug prices and failed to promote and ensure access of majority of the people to quality affordable medicines mainly because:
First, the law while avowed to help generic firms to develop quality and affordable generic medicines does not truly support the development of a local drug industry. The law favours parallel importation of branded medicines from countries where these are more affordable even if their generic drug equivalents are available in the Philippines. Parallel importation promotes dependence and virtually kills whatever is left of the Filipino drug industry.
Second, the law does not address the monopoly control of transnational corporations on patents. Though 80 to 90 percent of essential drugs sold in the Philippines is already off-patent, their generic equivalents still cannot be manufactured and made available to the people. To date, local drug manufacturers produce only 200 of 600 essential medicines. The government fails to fully support local drug manufacturers.
Third, the price of medicines has been left to unregulated free-market forces. The President of the Philippines was given the power to set price ceilings of medicine but transnational drug corporations in the marketing, distributing and pricing of medicines still maintain the control of drug prices.
Consumers’ Action for Empowerment believes that the problem of unabated high prices of medicines can be abated through the implementation of national policies and programs that will:
Establish a self-reliant nationalist drug industry that is responsive to the health needs of the people;
Develop technology that will extract and refine raw materials and chemicals for medicine production;
Improve the potentials of herbal medicine and natural components that are locally available as complementary forms in health management;
Create a temporary drug price regulatory board with representation of stakeholders from people's organizations, consumers, academe, health and industry professionals, etc.
Support the genuine development of the local drug industry and provide incentives to local drug manufacturers in the manufacture of essential medicines;
Facilitate selective importation of essential medicines t not locally produced and available and have gone through extensive testing for safety and efficacy;
Implement the National Drugs Policy and Generics Law of 1988.
The need of Filipinos for efficacious and affordable medicines can only be met when a strong national health care system is in place and under a government whose policies are in the best interest of the people.##
CONSUMERS' ACTION FOR EMPOWERMENT works on the premise that health is a basic human right and it includes the right to accessible, safe and affordable essential medicines.
We believe that the key to improving people's access to affordable and safe essential medicines and other goods and services can only be achieved when people are provided full economic and social opportunities in a democratic society.
From the start, the Cheaper Medicines Act had its inherent flaws and was not expected to effectively bring down the prices of medicines. The act failed to address exorbitant drug prices and failed to promote and ensure access of majority of the people to quality affordable medicines mainly because:
First, the law while avowed to help generic firms to develop quality and affordable generic medicines does not truly support the development of a local drug industry. The law favours parallel importation of branded medicines from countries where these are more affordable even if their generic drug equivalents are available in the Philippines. Parallel importation promotes dependence and virtually kills whatever is left of the Filipino drug industry.
Second, the law does not address the monopoly control of transnational corporations on patents. Though 80 to 90 percent of essential drugs sold in the Philippines is already off-patent, their generic equivalents still cannot be manufactured and made available to the people. To date, local drug manufacturers produce only 200 of 600 essential medicines. The government fails to fully support local drug manufacturers.
Third, the price of medicines has been left to unregulated free-market forces. The President of the Philippines was given the power to set price ceilings of medicine but transnational drug corporations in the marketing, distributing and pricing of medicines still maintain the control of drug prices.
Consumers’ Action for Empowerment believes that the problem of unabated high prices of medicines can be abated through the implementation of national policies and programs that will:
Establish a self-reliant nationalist drug industry that is responsive to the health needs of the people;
Develop technology that will extract and refine raw materials and chemicals for medicine production;
Improve the potentials of herbal medicine and natural components that are locally available as complementary forms in health management;
Create a temporary drug price regulatory board with representation of stakeholders from people's organizations, consumers, academe, health and industry professionals, etc.
Support the genuine development of the local drug industry and provide incentives to local drug manufacturers in the manufacture of essential medicines;
Facilitate selective importation of essential medicines t not locally produced and available and have gone through extensive testing for safety and efficacy;
Implement the National Drugs Policy and Generics Law of 1988.
The need of Filipinos for efficacious and affordable medicines can only be met when a strong national health care system is in place and under a government whose policies are in the best interest of the people.##
Tuesday, April 24, 2012
Cheaper Medicines Act not properly implemented — Villar
A study conducted by the Senate committee on trade and commerce has shown that four years after the ratification of Republic Act No. 9502 or the "Universally Accessible Cheaper and Quality Medicines Act of 2008," prices of some medicines have yet to go down.
At the bicameral hearing of the quality affordable medicine oversight committee on Monday, it was revealed that of the five drugs included in the study, only the price of one has decreased since 2008 — and it was not even because of the law.
“Norvasc lang ang bumaba. Nabanggit kanina na kaya bumaba ito [ay] dahil naalis na ‘yung patent protection at talagang normally bababa na ‘yun. Walang kinalaman ang batas sa pagbaba nun,” Sen. Manny Villar, chairman of the Senate committee on trade and commerce, told reporters in an interview after the hearing.
Other drugs that were part of the study were Plendil, which cost P23.76 before the passage of the Cheaper Medicine Law but is now P32.25; Ventolin (inhaler), which used to be P352 but is now P432.50; Ponstan, which used to be P26 but is now P29.75; and Bactrim, which used to be P17 but is now P33.75.
70-percent decrease
But according to Reinier Gloor, executive director of Pharmaceutical & Healthcare Association of the Philippines, prices of some medicines have gone down by as much as 70 percent since the law was passed. He said most of these medicines were those sourced from abroad.
“There are lots of Filipino companies… 125 local firms, some competing with multinational products. In certain products sourced from India or China and so forth, the reduction is 60 to 70 percent. For products made in Europe and the United States, the product price reduction goes down to 60 percent,” Gloor said.
Still, Villar said he would further study the implementation of the Cheaper Medicines Act.
“Hindi ako titigil hanggang hindi nakakagawa ng rekomendasyn ang aking komite dito sa implementasyon ng batas na ito. Mahalaga na bumaba ang presyo ng gamot, ito ang objective ng batas na ito at ‘yan ang dapat mangyari,” he said.
“Lobbied”?
Villar said it is “possible” that pharmaceutical companies had a hand — through intensive lobbying — in drafting the Implementing Rules and Regulations (IRR) of the law.
“Possibleng nagkaron ng lobbying sa IRR pero wala akong inaakusahan. Ang sinasabi ko lang ay posible… Masyadong maaga para malaman kung sino pero definitely sa ating pagre-review may mga kumpanya na nagva-violate nito,” he said.
Villar said his committee would invite health officials who drafted the IRR to the third bicameral hearing.
Out with VAT
To further lower the prices of medicines, Villar proposed to remove the value-added tax on medicines.
“Pino-propose ko rin na tanggalin ang VAT sa gamot. Hindi naman talaga dapat na papatungan pa ng VAT ang mga gamot [dahil] talaga namang napakahalaga ito sa ating buhay, kaya hindi ko naiintindihan kung bakit naipasama yan sa VAT natin noon,” he said.
He said his son, Las Piñas Rep. Mar Villar, has already filed a bill for this, noting that tax measures must originate from the House of Representatives.
Free medicines for cancer patients
Meanwhile, Villar also proposed to provide free medicines specifically to cancer patients.
“Ako’y talagang nag-propose noon pa na dapat itong mga gamot sa cancer ay ibigay ng gobyerno na libre. Naniniwala akong kaya ng budget 'yan,” he said.
The senator claimed that the government may opt to buy in bulk to avail of discounts.
“Ang isang Pilipino ay hindi dapat mamatay dahil sa cancer na hindi lamang nagkakaroon ng pagkakataon [makatikim ng gamot],” he said. – KBK, GMA News
Cheaper Medicines Act not properly implemented — Villar
At the bicameral hearing of the quality affordable medicine oversight committee on Monday, it was revealed that of the five drugs included in the study, only the price of one has decreased since 2008 — and it was not even because of the law.
“Norvasc lang ang bumaba. Nabanggit kanina na kaya bumaba ito [ay] dahil naalis na ‘yung patent protection at talagang normally bababa na ‘yun. Walang kinalaman ang batas sa pagbaba nun,” Sen. Manny Villar, chairman of the Senate committee on trade and commerce, told reporters in an interview after the hearing.
Other drugs that were part of the study were Plendil, which cost P23.76 before the passage of the Cheaper Medicine Law but is now P32.25; Ventolin (inhaler), which used to be P352 but is now P432.50; Ponstan, which used to be P26 but is now P29.75; and Bactrim, which used to be P17 but is now P33.75.
70-percent decrease
But according to Reinier Gloor, executive director of Pharmaceutical & Healthcare Association of the Philippines, prices of some medicines have gone down by as much as 70 percent since the law was passed. He said most of these medicines were those sourced from abroad.
“There are lots of Filipino companies… 125 local firms, some competing with multinational products. In certain products sourced from India or China and so forth, the reduction is 60 to 70 percent. For products made in Europe and the United States, the product price reduction goes down to 60 percent,” Gloor said.
Still, Villar said he would further study the implementation of the Cheaper Medicines Act.
“Hindi ako titigil hanggang hindi nakakagawa ng rekomendasyn ang aking komite dito sa implementasyon ng batas na ito. Mahalaga na bumaba ang presyo ng gamot, ito ang objective ng batas na ito at ‘yan ang dapat mangyari,” he said.
“Lobbied”?
Villar said it is “possible” that pharmaceutical companies had a hand — through intensive lobbying — in drafting the Implementing Rules and Regulations (IRR) of the law.
“Possibleng nagkaron ng lobbying sa IRR pero wala akong inaakusahan. Ang sinasabi ko lang ay posible… Masyadong maaga para malaman kung sino pero definitely sa ating pagre-review may mga kumpanya na nagva-violate nito,” he said.
Villar said his committee would invite health officials who drafted the IRR to the third bicameral hearing.
Out with VAT
To further lower the prices of medicines, Villar proposed to remove the value-added tax on medicines.
“Pino-propose ko rin na tanggalin ang VAT sa gamot. Hindi naman talaga dapat na papatungan pa ng VAT ang mga gamot [dahil] talaga namang napakahalaga ito sa ating buhay, kaya hindi ko naiintindihan kung bakit naipasama yan sa VAT natin noon,” he said.
He said his son, Las Piñas Rep. Mar Villar, has already filed a bill for this, noting that tax measures must originate from the House of Representatives.
Free medicines for cancer patients
Meanwhile, Villar also proposed to provide free medicines specifically to cancer patients.
“Ako’y talagang nag-propose noon pa na dapat itong mga gamot sa cancer ay ibigay ng gobyerno na libre. Naniniwala akong kaya ng budget 'yan,” he said.
The senator claimed that the government may opt to buy in bulk to avail of discounts.
“Ang isang Pilipino ay hindi dapat mamatay dahil sa cancer na hindi lamang nagkakaroon ng pagkakataon [makatikim ng gamot],” he said. – KBK, GMA News
Cheaper Medicines Act not properly implemented — Villar
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