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MANILA, Philippines?Over a hundred petitioners led by former senator and health secretary Juan Flavier on Tuesday sought relief from the Makati Regional Trial Court over an administrative order (AO) which requires tobacco manufacturers to put graphic warnings on the harmful effects of smoking on cigarette packs.
The petitioners want the court to clarify the Department of Health?s (DoH) authority to issue an AO that seeks to promote the people?s right to health information.
?[We] pray that the Honorable Court make a judicial determination of the construction of the Tobacco Regulation Act in relation to DoH AO 2010-0013 and the Framework Convention on Tobacco Control and its guidelines,? they said in their 40-page petition.
In separate cases, two tobacco companies have managed to secure injunctions from some, but not all courts, by saying that the DoH cannot issue an AO promoting the public?s right to health because of a provision in the Tobacco Regulation Act (TRA).
?The pivotal issue in this case is whether Section 13 (g) of the TRA precludes the DoH from issuing the AO,? said lawyers Leo Battad and Jose Jose of the UP Office of Legal Aid, on behalf of the petitioners.
