Constitutionality of the Milk Code of the Philippines

FACTS OF THE CASE

The department of Health issued an Administrative Order revising the Implementing
Rules and Regulations of the Milk Code issued by then President, Corazon Aquino. A
month before the provisions was set to take effect, manufacturers of breastmilk substitute
filed for the issuance of a temporary restraining order (Certiorari and Prohibition with
Prayer) or Writ of Preliminary Injunction, claiming that the RIRR goes beyond the
provisions of the Milk Code.

As a defense, the DOH states that the RIRR and other international instruments are
implemented through the Milk Code concerning infant and child nutrition are deemed part
of the law of the land by doctrine of Incorporation.

ISSUES:
1. Whether or not the RIRR is in accordance with the Milk Code
2. Whether the mentioned international agreements can be considered as part of the
law of the land

RULING
The petition is only PARTIALLY GRANTED. Sections 4f, 11, and 46 are declared NULL
and VOID and are prohibited by being implemented by the DOH while the rest are
deemed reasonable and in consonance with the Milk Code

The Court did not consider the WHA resolutions as customary which is automatically
incorporated into domestic law. The court finds that it has never been concurred in by
the Senate as per the 1987 Constitution and are thus not part of the law of the land.

PRINCIPLES
According to Article VII of the Constitution (Section 21), treaties would become part of the
law of the land through the doctrine of transformation which will only take effect if
concurred in by the senate
• The ICMBS has been adopted into Philippine Law through the Milk Code while
subsequent WHA resolutions have not been transformed into domestic law
The respondents also failed to establish that WHA Resolutions are automatically part of
the domestic law through incorporation and that such resolutions can be considered as
soft laws which are customary and may be considered as part of the law of the land.

Subsequent WHA Resolutions cannot also be considered as part of the law of land
without undergoing the process of transformation, thus cannot be implemented by the
DOH under the Milk Code without undergoing the process of legislation.

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 ADDITIONAL

• Process of which international law is incorporated into

Doctrine of
domestic law through legislation by being concurred in by
Transformation
the senate

• Generally accepted principles of international law are

Doctrine of
automatically incorporated and adopted as part of the law
Incorporation
of the Land

• Issued by late president Corazon Aquino, it is the

Milk Code promotion of the use of breastmilk and regulation of milk
substitutes to lessen infant and child mortality
Revised • Amendment to the milk code which includes prohibiting
Implementing Rules the advertisement of breastmilk substitutes
and Regulations

Soft Law • Is a non-binding social norm adopted by states

The issue is directly connected with the doctrine of
transformation. It’s whether the DOH is acting within the
limitations of the Milk Code which is transformed from the ICMBS
to domestic or the WHA resolutions which have not undergone
CONNECTION TO
the process of legislation
INTLAW
• The respondents claim that it is acting within the scope of
the constitution through the Milk Code, but the subsequent
WHA resolutions have not undergone the process of
legislation to be part of the domestic law

*Res Judicata • The final judgement of a court

Prescription • Acquiring ownership in a specified period of time
*Pacta sunt • Principle of good faith where agreements in international
servanda law must be kept.
Legal bar to denying or alleging a fact because of a
Estoppel
previous action or statement

• Necessary in customary international law necessary in

*Opinio Juris establishing a legally binding custom
• Belief that the action is done due to legal obligation

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ABBAS V COMELEC
Constitutionality of RA 6734

FACTS:
The case is a consolidated petition where petitioners claim that the Organic Act, or certain
provisions within the RA, is in unconstitutional or in conflict with the Tripoli Agreement.
The petitioners seek to enjoin the COMELEC from conducting a plebiscite, citing that the
Article II (Section 1) in the Organic Act, unconditionally creates an autonomous region
despite the condition imposed by the Constitution (creation of an autonomous region
should be based upon the concurrence of a plebiscite)

The petitioners also question the constitutionality of the RA claiming that it provides the
president power beyond the Constitution to merge existing regions by means of
administrative determination, which is Against Article X, (Section 10) of the Constitution
(no province, city, municipality, or brgy, may be created, divided, merged, or altered
without the approval by a majority of votes in a plebiscite.)

Issues: Whether certain provisions in the RA or the Organic Act is Unconstitutional

RULING
The two petitions were DISMISSED by the Court citing that the petitioners have failed to
overcome the presumption that every law has in its favor the presumption of
constitutionality. Therefore, the court finds the law constitutional.

Principles:
• In the Constitution, the creation of an autonomous region is determinative by the
concurrence of a plebiscite (by the majority of votes cast by the constituent units).
Only those provinces and cities who gained a majority in favor of the Organic Act
will be included in the autonomous region.
o Dependent not on the total majority vote in the plebiscite but of the majority
in each of the constituent unites
• The Court finds that while the power to merge administrative regions is not
expressly provided for in the Constitution, it is a power traditionally comes with
the position. There is no conflict between the requirement of government units
because it only expressly applies to provinces, cities, municipalities, or barangays,
not to administrative regions.
o The court also reiterates that the power granted to the president was to
merely regroup the existing regions and not to create.

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 ADDITIONAL

• (INCORPORATION) Generally accepted principles of

international law are automatically incorporated and
adopted as part of the law of the Land
Connection to
INTLAW -
• The case is related to this doctrine as the Tripoli Agreement
Doctrine of
is almost exactly incorporated into the Organic Act which is
Incorporation
tailored according to the needs and demands of the
religious and tribal population of the proposed area of
autonomy.

• An agreement entered between the Philippine Government

and the Moro National Liberation Front establishing
Tripoli
autonomy in the Southern Philippines, an establishment of
Agreement
an autonomous government, the incorporation of Sharia law
and the observance of a ceasefire.

• Written or unwritten law that provides the foundation of

Organic Law
which a government shall be organized