Article IV Section 25 of RA 5921, otherwise known as Food, Drug and Devices and Cosmetic Act, state that:

œNo medicine, pharmaceutical or drug 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.

Pharmaceuticals, drugs or biological manufacturing establishments, importers and wholesalers or drugs, medicines or biological products are authorized to sell their products only at wholesale to duly established retail drugstores or hospital pharmacies. 

The law provides that any person found violating this provision shall, upon conviction thereof be sentenced to a fine of not less than one thousand pesos, but not exceeding four thousand pesos, or should be imprisoned for not less than six months and one day, but not more than four years, in the discretion of the court, as stated in the RA 5921.

Further, violation of the aforequoted provision of law can also be a violation of the license as a manufacturer and wholesaler/distributor as defined in AO 56 s. 1989.

Therefore, in the interest of public health and safety and to comply with the aforecited provision of law, all licensed drug manufacturers, traders and distributors are reminded to sell and distribute their drug and pharmaceutical products only to licensed drugstores and hospital pharmacies.

Adopted: 7 Aug. 1996