109. Republic Act No. 4729 or "An Act to Regulate the Sale, Dispensation, and/ or Distribution
of Contraceptive Drugs and Devices" and Republic Act No. 5921 or "An Act Regulating the
Practice of Pharmacy and Setting Standards of Pharmaceutical Education in the Philippines
and for Other Purposes" are not repealed by the RH Law and the provisions of said Acts are
not inconsistent with the RH Law.
110. Consequently, the sale, distribution and dispensation of contraceptive drugs and devices
are particularly governed by RA No. 4729 which provides in full:
"Section 1. It shall be unlawful for any person, partnership, or corporation, to sell, dispense or
otherwise distribute whether for or without consideration, any contraceptive drug or device,
unless such sale, dispensation or distribution is by a duly licensed drug store or
pharmaceutical company and with the prescription of a qualified medical practitioner.
"Sec. 2 . For the purpose of this Act:
"(a) "Contraceptive drug" is any medicine, drug, chemical, or portion which is used
exclusively for the purpose of preventing fertilization of the female ovum: and
"(b) "Contraceptive device" is any instrument, device, material, or agent introduced
into the female reproductive system for the primary purpose of preventing
conception.
"Sec. 3 Any person, partnership, or corporation, violating the provisions of this Act shall be
punished with a fine of not more than five hundred pesos or an imprisonment of not less
than six months or more than one year or both in the discretion of the Court.
"This Act shall take effect upon its approval.
"Approved: June 18, 1966"
111. Of the same import, but in a general manner, Section 25 of RA No. 5921 provides:
"Section 25. Sale of medicine, pharmaceuticals, drugs and devices. No medicine,
pharmaceutical, or drug of whatever nature and kind or device shall be compounded,
dispensed, sold or resold, or otherwise be made available to the consuming public except
through a prescription drugstore or hospital pharmacy, duly established in accordance with
the provisions of this Act.
112. With all of the foregoing safeguards, as provided for in the RH Law and other relevant
statutes, the pretension of the petitioners that the RH Law will lead to the unmitigated
proliferation of contraceptives, whether harmful or not, is completely unwarranted and
baseless.186 [Emphases in the Original. Underlining supplied.]
In Re: Section 10 of the RH Law:
The foregoing safeguards should be read in connection with Section 10 of the RH Law which
provides:
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