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149907
7. The drugs and medicines are deemed introduced when they have been sold or offered for sale
anywhere else in the world.
8. With regards to the two statutes, the latest legislative expression prevails and the prior law
yields to the extent of the conflict.
ISSUE: Should Rodriguez still be prosecuted even with the passage of RA 9502?
HELD: NO.
1. The prior law has deprived Filipinos the choice of a less expensive drug for their health by
denying them a plausible and safe means of purchasing the medicine at a cheaper cost.
2. The law would make criminals out of doctors coming from abroad who do humanitarian
missions here and bringing their own pharmaceutical drugs.
3. The importers, per the old law, would be equated with malevolents who would alter or
counterfeit drugs for reasons of profits at the expense of public safety. Normally, these importers
are motivated only to do so out of altruism or basic human love. For a law intended to help save
lives, the SLCD has revealed itself as a heartless, soulless legislative piece.
4. With the passage of RA 9502, the State has reversed course and allowed for a sensible and
compassionate approach with respect to the importation of drugs urgently needed for the peoples
constitutionally-recognized right to health.
Dispositive: WHEREFORE, the petition is GRANTED in part. A writ of prohibition is hereby
ISSUED commanding respondents from prosecuting petitioner Romeo Rodriguez for violation
of Section 4 or Rep. Act No. 8203. The Temporary Restraining Order dated 15 October 2001 is
hereby made PERMANENT. No pronouncements as to costs.