Directing Government Agencies to Ensure Compliance with DOH and DA Issuances on Prices of Essential Emergency Medicines and Supplies, and Selected Agriculture and Fishery Commodities

March 17, 2020

MEMORANDUM CIRCULAR NO. 77

DIRECTING ALL GOVERNMENT AGENCIES, OFFICES AND INSTRUMENTALITIES, AS WELL AS LOCAL GOVERNMENT UNITS, TO IMPLEMENT AND ENSURE COMPLIANCE WITH THE ISSUANCES OF THE DEPARTMENT OF HEALTH AND DEPARTMENT OF AGRICULTURE ON THE PRICES OF ESSENTIAL EMERGENCY MEDICINES AND SUPPLIES, AND SELECTED AGRICULTURE AND FISHERY COMMODITIES

WHEREAS, Section 2 of Republic Act (RA) No. 7581 or the "Price Act," as amended by RA No. 10623, provides that it is the policy of the State to provide effective and sufficient protection to consumers against hoarding, profiteering and cartels with respect to the supply, distribution, marketing and pricing of goods during periods of calamity, emergency and widespread illegal price manipulation;

WHEREAS, Section 6 of RA No. 7581, as amended, provides that unless otherwise declared by the President, prices of basic necessities in an area shall automatically be frozen at their prevailing prices or placed under automatic price control whenever, among others, the area is declared under a state of calamity or an emergency;

WHEREAS, through Proclamation No. 922 (s. 2020), the President declared a State of Public Health Emergency throughout the Philippines due to the COVID-19 situation, and has called all government agencies and local government units (LGUs) to undertake appropriate measures to curtail and eliminate the COVID-19 threat;

WHEREAS, through Proclamation No. 929 (s. 2020), the President declared a State of Calamity throughout the Philippines for a period of six (6) months, unless earlier lifted or extended as circumstances may warrant;

WHEREAS, the Department of Health (DOH), in consultation with the Department of Trade and Industry (DTI), has issued Memorandum Nos. 2020-0058, 0058-A and 0058-B (s. 2020), which mandate a price freeze on emergency medicines and medical supplies;

WHEREAS, the Department of Agriculture (DA) has issued Administrative Circular (AC) No. 1 (s. 2020), which imposes suggested retail prices on basic agricultural and fishery commodities in Metro Manila;

WHEREAS, upon the recommendation of the Inter-Agency Task Force on Emerging Infectious Diseases under Executive Order No. 168 (s. 2014), the President has placed the entire National Capital Region under Community Quarantine starting 15 March 2020 and expiring on 14 April 2020;

WHEREAS, the ongoing global concern on the spread of the COVID-19 has increased the demand for essential emergency drugs and medical supplies, and basic food commodities, thereby making these products susceptible to acts of illegal price manipulation;

WHEREAS, there is a need for coordinated measures to promote and protect the health of the Filipino people and ensure the accessibility of the general public to essential commodities until the COVID-19 situation is stabilized;

NOW, THEREFORE, the following are hereby ordered:

SECTION 1. Price Control. — The existing price control measures being implemented by the DOH and the DA shall be maintained. All concerned government agencies, offices and instrumentalities, as well as LGUs, are directed to strictly implement and ensure compliance with DOH Memorandum Nos. 2020-0058, 2020-0058-A and 2020-0058-B, including all their annexes and amendments, and DA AC No. 1, as well as amendments thereto that may be issued hereafter.

SECTION 2. Review. — The DOH, DA and DTI are directed to undertake continuous monitoring and review of the prices of basic commodities within their respective jurisdictions, and enact such price control measures pursuant to Section 6 of RA No. 7581, as amended.

SECTION 3. Effectivity. — This Circular shall take effect immediately.

DONE in the City of Manila, this 17th day of March, in the year of Our Lord, Two Thousand and Twenty.