BELTRAN v PARTY INVOLVED
SECRETARY OF  Petitioners comprise the majority of the Board of
HEALTH Directors of the Philippine Association of Blood Bank
 Secretary of Health, being sued in his capacity as the
public official directly involved with the implementation
of the law in question.
1994 JAN - NEW TROPICAL MEDICINE FOUNDATION
RELEASED ITS FINAL REPORT OF A STUDY ON THE PHIL.
BLOOD BANKING SYSTEM, WHICH REVEALED THAT:
 Each commercial blood bank produces 5 times more than
the Red Cross and 15 times more than the government-
run blood banks.
 Philippines heavily relied on commercial sources of blood
 Blood sold by persons to blood commercial banks are 3
times more likely to have any of the 4 tested infections or
blood transfusion transmissible diseases (malaria syphilis,
Hepatitis B and AIDS)
1994 APRIL - RA 7719 OR THE NATIONAL BLOOD SERVICES
ACT OF 1994 WAS ENACTED INTO A LAW
 RA seeks to provide an adequate supply of safe blood by
promoting voluntary blood donation and by regulating
blood banks in the country.
 Section 7 of the said RA provides that all commercial
blood banks shall be phased-out over a period of 2 years
after the effectivity of the Act.
 Years before the passage of the RA, petitioners have
already been operating commercial blood banks under RA
1517 or “An Act Regulating the Collection, Processing and
Sale of Human Blood and the Establishment and Operation
of Blood Banks and Blood Processing Laboratories”
 Secretary of Health granted petitioner’s license to open
and operate a blood bank only until May 27 1998
PETITIONERS FILED A PETITION FOR CERTIORARI ASSAILING
THE CONSTITUTIONALITY AND VALIDITY OF SEC 7 RA 7719
AND ITS IRR
 It violates the equal protection clause for irrationally
discriminating against free standing blood banks
 It represents undue delegation if not outright abdication
of the police power of the state
 It constitutes deprivation of personal liberty and property
SECRETARY OF HEALTH ARGUMENTS
YES, RA 7719 IS A VALID EXERCISE OF POLICE POWER;
NO, IT DOES NOT CONSTITUTE DEPRIVATION OF PERSONAL LIBERTY
AND PROPERTY.
THE RIGHT TO HOLD, ENJOY AND CONVEY PROPERTY IS NOT AN
ABSOLUTE RIGHT BUT IS SUBJECT TO THE POLICE POWER OF THE
STATE.
 Police power is validly exercised if;
(a) the interest of the public generally, as distinguished from
those of a particular class, requires the interference of the State;
(b) the means employed are reasonably necessary to the
attainment of the objective sought to be accomplished and not
duly oppressive upon individuals
 RA seeks the protection of public health by ensuring an adequate
supply of safe blood in the country through voluntary blood
donation. To attain this objective, the State is required to interfere
given the disturbing condition of the Phil Blood Bank System
THE NATIONAL BLOOD SERVICES ACT IS A VALID EXERCISE OF THE
STATE’S POLICE POWER
 Petitioner claims that the phase out of the commercial blood
banks will be disadvantageous to them as it will affect their
businesses and existing contracts with hospitals and other health
institutions
 However, the Court ruled that the State, in order to promote the
general welfare, may interfere with personal liberty, property and
with businesses and occupation.
 Thus, persons may be subjected to certain kinds of restraints and
burdens in order to secure the general welfare of the State.
The Court upholds the validity of Sec 7 of RA 7719.
  Blood from commercial blood banks is unsafe and
therefore the State, in the exercise of its police power, can
close down the commercial blood banks to protect the
public
 It is not safe because a donor who expects payment for his
blood will not tell the truth about his illnesses and will
deny risky social behavior such as sexual promiscuity
which increases the risk of having illnesses

ISSUE:
WN RA 7719 is a valid exercise of police power
WN RA 7719 constitutes deprivation of personal liberty and
property