Tuesday, February 07, 2012

Beltran v. Secretary of Health, 476 SCRA 168 (2005)

Facts: Petitioners comprise the majority of the Board of Directors of the Philippine Association of Blood Banks, a duly registered non-stock and non-profit 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 RA 7719 or the National Blood Service Act. Section 7 of RA 7719 provides phase-out of Commercial Blood Banks. Petitioners assail the constitutionality of the said provision on the ground, among others, that such represents undue delegation if not outright abdication of the police power of the state.

Whether or not RA 7719 is a valid exercise of police power

Held: Petitions dismissed. The court upholds the validity of RA 7719.

The promotion of public health is a fundamental obligation of the State. The health of the people is a primordial governmental concern. RA 7719 was enacted in the exercise of the State’s police power in order to promote and preserve public health and safety.

Police power of the state is validly exercised if (a) the interest of the public generally, as distinguished from those of a particular class, requires the interference of the State; and (b) the means employed are reasonably necessary to the attainment of the objective sought to be accomplished and not unduly oppressive upon individuals

Police power is the State authority to enact legislation that may interfere with personal liberty or property in order to promote the general welfare.

Thus, persons may be subject to certain kinds of restraints and burdens in order to secure the general welfare of the State and to its fundamental aim of government, the rights of the individual may be subordinated.

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