Michael Ocampo

This is a study involving a review of the Republic Act No. 9184 or Government Procurement Reform Act as it is implemented by the Department of Health (DOH). It seeks to do a diagnostic of the procurement-related problems that can cause major roadblocks to the implementation of DOH programs, especially the Universal Health Care Act.

After doing the diagnostics, recommendations will be made to address the issues identified. Such recommendations may include the use of provisions in the Government Procurement Reform Act, which may have not yet been fully utilized by DOH, the issuance of new policy guidelines, capacity building, and organizational development strategies. The recommendations may also include amendments to current regulations or legislation.

This is a short paper that provides an overview of the public domain in Copyright Law. It argues for the defense of the public domain from further fencing off by copyright rules. The public domain needs to remain robust to ensure the progress of ideas and innovation, and the unshackle human creativity.

The accessibility of medicines and medical treatment is but one facet of health care delivery. One can argue that other aspects like human health resource availability, health infrastructure provision and competent public health administration are issues equal or even greater in weight than that of cheaper drugs. However, the problem of high drug prices is relatively the less complex one. As the adage goes, one should try to fight the battles that can be won. But are we employing the right battle plan?

Senate Bill No.1658 (The Quality Affordable Medicines Act), in brief, attempts to address this problem by amending the Intellectual Property Code (IPC), to allow “flexibilities” in responding to the high cost of medicines through parallel importation of cheaper drugs and by guaranteeing the immediate entry of generic drugs, which are priced lower compared with the branded products.

This paper aims to evaluate the current policy proposals embodied in SB 1658. Specifically, this paper seeks to:

• Ascertain the existence of the problem of drug pricing in the country
• Explain how the patent rights can affect the pricing of drugs
• Measure the probable impact of the SB 1658’s proposal on parallel importation and immediate generic drug entry into market 

There are 5 chapters in this paper. Chapter 1 highlights the gravity of the problem of drug pricing in view of the people’s health needs, government policy directions and the economic situation in the country.  Chapter 2 explains how the current patent system contributes to limited competition in the drug sector and why there is the need to amend the IPC and make it “flexible”. It also debunks the arguments against “softening” of patent laws. Chapter 3 lays down the policies proposed under SB 1658 to provide the needed “flexibilities” and relates them with other practices. Chapter 4 evaluates the probable impact of the proposed amendments to drug pricing through the use of economic models and available empirical data. The authors conclude with a summary of the findings, an assessment of their limitations, as well as recommendations.

Post-script:  After this paper was written, the Philippine Congress passed
Republic Act 9502 or the Universally Accessible Cheaper and Quality Medicines Act of 2008.

Under the Philippine Local Government Code, the Katarungang Pambarangay system provides a way for members of a village (barangay in local parlance) or villages within the same municipality or city, or adjacent villages but from different municipalities/cities) to settle their disputes through mediation, conciliation and arbitration without resorting to the formal justice system; i.e., the courts. This alternative dispute mechanism is handled by the Lupong Tagapamayapa, made up of the barangay captain  (head of the village) as chair and 10-20 members who are residing or working in the barangay, with proven integrity, impartiality, and reputation for probity.

This is a case study on how Barangay U.P., a village that covers the State University and nearby areas, implements the Katarungang Pambarangay. This paper does not attempt to do a policy evaluation of the Katarungang Pambarangay system but it is properly an attempt to appreciate how a particular aspect of governance - the delivery of justice – works in the country’s basic political unit. It likewise attempts to find out how an innovative practice can be fully utilized to benefit communities.

This paper discusses the need to reform the tobacco excise tax rules in the Philippine 1997 National Internal Revenue Code as a means to increase government revenues and improve the health of the population. It highlights the design flaws of the 1997 excise tax rules (e.g. multi-tier tax rates, the "price classification freeze" that protect certain cigarette brands) that ). The paper was written when bills on tobacco excise tax were being debated in the Philippine Congress. (PS: The Philippine Congress eventually passed an excise tax reform law  in 2012, Republic Act No. 10351, which resulted in additional revenues of PhP 42.86 billion and PhP 44.72 billion in 2013 and 2014. http://www.gov.ph/2015/10/05/report-sin-tax-revenue-2015/)

This paper argues that the anti-sex discrimination provision of the Philippine Labor Code also protects lesbian, gay, bisexual, and transgender (LGBTs) individuals against workplace discrimination. It won the 2011 Perfecto V. Fernandez Prize in Labor Law, annually awarded by the University of the Philippines College of Law.

An edited version of this paper was published in the Philippine Law Journal, Volume 93, No. 2 (April 2020)

The Philippines is the 8th largest sugar producing country in the world, but not a major player in the international sugar trade because of higher production costs. 1 The industry is highly regulated with quantitative import/export restrictions and production quotas, which impact sugar output, supply, and prices. There have been reports of a cartel among sugar traders and other anti-competitive conduct. It appears that the newly-formed Philippine Competition Commission (PCC) has similar concerns when it included the sugar industry in its 2019 priorities for market investigation.

If the competition concerns can be substantiated, we have a curious case of government regulations facilitating collusion and other anti-competitive conduct, or at least, failing to thwart them. It can mean a confrontation between the PCC and the Sugar Regulatory Administration (SRA), and not to mention an old, but still strong political class with ties to the industry. This paper analyses the possible competition issues in the sugar sector and the interface between sector-specific regulations and competition rules. To understand these competition issues, we take a brief overview of the structures and practices in the industry that have deep historical roots dating back to American colonial times (Part I). It  analyses their anti-competitive effects within the industry itself, on consumers, and downstream manufacturing industry (Part II). The paper does not attempt to conclusively prove anti-competitive behaviour, which will require a thorough sector investigation. However, it identifies possible competition issues, based on existing literature on competition and the sugar industries in the Philippines and other countries.

To address these issues, we need to know the competition law framework and its boundaries with sector regulations. Part III summarizes the Philippine Competition Act’s (PCA) key provisions, prohibited acts, and PCC’s powers vis-à-vis sector regulators. Possible overlaps between competition and regulation are discussed in Part IV. In view of the competition framework and overlap with regulations, and the structural, behavioural and regulatory constraints identified in the first four parts, Part V delves into approaches that a nascent competition authority can take as it tests its wings and attempts to establish a strong competition framework, while avoiding unnecessary conflicts with sector regulators and the political establishment, which can clip the wings of the competition law before it can take flight.