MANILA, Philippines — Ranking members of the House of Representatives have filed a resolution uring the government to return foreign grants received by regulatory agencies, including the Food and Drug Administration (FDA).
The resolution was filed by Deputy House Speaker Deogracias Victor Savellano of Ilocos Sur and Nueva Ecija Rep. Estrellita Suansing,
The resolution — which mentioned The Union and Bloomberg Initiative as sources of the grants —also directed the House Committee on Good Government and Public Accountability to conduct an inquiry in aid of legislation on the alleged “questionable“ receipt of private funding by the FDA and other government agencies and institutions.
According to the lawmakers, the grants were given in exchange for the issuance of specific and predefined policies against companies marketing electronic cigarettes and heated tobacco products (HTPs) “in complete disregard of the rights and welfare of consumers.”
“Until such time as the investigation by the House Committee on Good Government and Public Accountability is concluded, Congress calls on the FDA and other recipient-government agencies and institutions to cease, with immediate effect, all contact with all aforementioned foreign groups and to return any foreign monies the agencies have received,” the two lawmakers said in the resolution.
The inquiry stemmed from the admission by FDA officials, during a public hearing on Oct. 8 for the drafting of the general guidelines on the regulation of e-cigarettes and HTPs that they received funding from The Union and Bloomberg Initiative — international private groups that advocate against all forms of tobacco products, including ENDS and HTPs.
The legislators said Congress should look into the manner by which government agencies receiving foreign grants and assistance from private institutions could be held accountable for the disbursements and impact of such funds in full public transparency.
“When sought for clarification, FDA officials initially denied receiving any funding. However, when confronted with actual donor declarations contained in the webpage of these private groups, the FDA eventually admitted to receiving such funding,” said the two House members who attended the FDA hearing last Oct. 8.
“As the highest policy and lawmaking body under the Constitution, Congress is duty-bound to ensure that any and all forms of government policies and regulations are not being driven by any vested foreign interest. Sovereignty resides in our people and not in any moneyed ideology or movement. As representatives of our people, it is our duty to ensure this,” the resolution stated.
“FDA officials may be in violation of applicable laws due to their failure to inform stakeholders beforehand of the existence of such arrangement as well as the details of the same,” the resolution stated.
The lawmakers said Article II, Section 7 of the 1987 Philippine Constitution provides that “[t]he State shall pursue an independent foreign policy” and that “[i]n its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.”
They said the acceptance of foreign funds by regulatory bodies may also be in violation of various laws such as Section 11 (3) of Batas Pambansa Bilang 39 — or An Act Regulating the Activities and Requiring the Registration of Foreign Agents in the Philippines — which declares it unlawful for any public officer or employee or his spouse to act as a “foreign agent.”
The two House members said they in fact received complaints from different stakeholder groups conveying their concerns on the manner by which the FDA consultations were conducted and lamenting the lack of meaningful discourse.
They also expressed concerns over how their rights and welfare as consumers are being ignored because of the FDA’s refusal to acknowledge and respond to the concerns they had been raising, even prior to the actual public consultation.
“It is therefore incumbent upon Congress to investigate further whether any violation of RA 3019 has been committed by the FDA and other recipient-government agencies and institutions,” the resolution read.
[atm]