DOH mulls raps vs tobacco firms for 'forum shopping'

The Department of Health (DOH) on Wednesday accused tobacco firms of "forum shopping" to prevent the government from implementing an order placing graphic health warnings on cigarette packs sold in the Philippines. Health Undersecretary Alexander Padilla told GMANews.TV his office received on Tuesday a copy of a complaint filed by Philip Morris Philippines Manufacturing Inc. (PMPMI) before a Batangas court against DOH Administrative Order (AO) 2010-0013, which the agency released last May 24. Padilla suspected that the tobacco firm's move was an attempt at “forum shopping," or the tactic of filing similar cases in several courts where they are most likely to receive a favorable judgment — a practice officially frowned on by the judiciary but commonly employed by litigants in cases where court jurisdiction overlaps or is not yet well-established. PMPMI has manufacturing facilities in Tanauan City and Santo Tomas town in Batangas. Aside from Philip Morris' case, Fortune Tobacco Corp (FTC) earlier filed a similar case against the DOH-AO before the Marikina City Regional Trial Court Branch 271. On July 1, the Marikina City judge issued a writ of preliminary injunction against AO 2010-0013, a move seen by Padilla as a "home court decision," given that the Lucio Tan-owned tobacco firm has its factory in Marikina City. (See: Court stops graphic health warnings on cigarette packs) Padilla said the DOH will appeal the preliminary injunction order before the Supreme Court. The PMPMI and FTC, long considered the biggest tobacco firms in the Philippines, went into a merger in February. Padilla said the DOH might file a separate case against Fortune Tobacco and Philip Morris for the alleged "forum shopping," depending on the advice of the Office of the Solicitor General, which represents government agencies in court cases. GMANews.TV tried reaching the corporate communications department of Philip Morris but calls remained unanswered as of posting time. Padilla said he was not aware about the date the PMPMI's complaint was filed but said it could have been filed "several weeks ago." He said the DOH has not yet received any word from the Batangas court regarding the complaint of Philip Morris, but added the agency was more than willing to submit a comment. Padilla said that while Fortune Tobacco's petition was for a "declaratory relief" and that of Philip Morris' was a petition for prohibition, he considered the two complaints as similar. The Health department crafted AO 2010-0013 in the hopes of dissuading people, especially the youth, from smoking by requiring manufacturers to displaying on cigarette packs graphic images of the ill effects of inhaled tobacco smoke on the body. The DOH's move was met with opposition from tobacco firms, who said the AO was in violation of Republic Act 9211 or the Tobacco Regulation Act of 2003. That law, they claim, prevents the printing of warnings on cigarette packs except for a textual warning pre-defined in the law.—JV, GMANews.TV