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Facts:
Petitioners comprise the majority of the Board of Directors of the
Philippine Association of Blood Banks, a duly registered non-stock and
association composed of free standing blood banks.
Public respondent Secretary of Health is being sued in his capacity as
the public official directly involved and charged with the enforcement and
implementation of the law in question.
Republic Act No. 7719 or the National Blood Services Act of 1994 was
enacted into law on April 2, 1994. This act seeks to provide an adequate
supply of safe blood by promoting voluntary blood donation and by
regulating blood banks in the country. It was approved by then President
Fidel V Ramos on May 15, 1994 and was subsequently published in the
Official Gazette on August 18, 1994.The law took effect on August 23, 1994.
On April 28, 1995, Administrative Order No. 9, Series of 1995,
constituting the Implementing Rules and Regulations of said law was
promulgated by respondent Secretary of the Department of Health (DOH).
Issues:
1. Whether or not section 7 of R.A 7719 constitutes undue delegation of
legislative power;
2. Whether or not Section 7 of R.A 7719 and its Implementing Rules and
Regulations violate the equal protection clause;
3. Whether or not Section 7 of R.A 7719 and its Implementing Rules and
Regulations violate the non-impairment clause;
4. Whether or not Section 7 of R.A 7719 and its Implementing Rules and
Regulations constitute deprivation of personal liberty and property;
5. Whether or not R.A 7719 is a valid exercise of police power;
6. Whether or not Section 7 of R.A and its Implementing Rules and
Regulations truly serve public welfare.
Ruling:
As to the first ground upon which the constitutionality of the Act is
being challenged, it is the contention of petitioners that the phase out of