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Republic of the Philippines

SUPREME COURT
Manila

EN BANC

G.R. No. 153888             July 9, 2003

ISLAMIC DA'WAH COUNCIL OF THE PHILIPPINES, INC., herein represented by PROF. ABDULRAFIH H. SAYEDY, petitioner,
vs.
OFFICE OF THE EXECUTIVE SECRETARY of the Office of the President of the Philippines, herein represented by HON. ALBERTO G. ROMULO,
Executive Secretary, and the OFFICE ON MUSLIM AFFAIRS, herein represented by its Executive Director, HABIB MUJAHAB HASHIM, respondents.

CORONA, J.:

Before us is a petition for prohibition filed by petitioner Islamic Da'wah Council of the Philippines, Inc. (IDCP) praying for the declaration of nullity of Executive
Order (EO) 46, s. 2001 and the prohibition of herein respondents Office of the Executive Secretary and Office of Muslim Affairs (OMA) from implementing the
subject EO.

Petitioner IDCP, a corporation that operates under Department of Social Welfare and Development License No. SB-01-085, is a non-governmental organization
that extends voluntary services to the Filipino people, especially to Muslim communities. It claims to be a federation of national Islamic organizations and an active
member of international organizations such as the Regional Islamic Da'wah Council of Southeast Asia and the Pacific (RISEAP) 1 and The World Assembly of
Muslim Youth. The RISEAP accredited petitioner to issue halal 2 certifications in the Philippines. Thus, among the functions petitioner carries out is to conduct
seminars, orient manufacturers on halal food and issue halal certifications to qualified products and manufacturers.

Petitioner alleges that, on account of the actual need to certify food products as halal and also due to halal food producers' request, petitioner formulated in 1995
internal rules and procedures based on the Qur'an 3 and the Sunnah 4 for the analysis of food, inspection thereof and issuance of halal certifications. In that same
year, petitioner began to issue, for a fee, certifications to qualified products and food manufacturers. Petitioner even adopted for use on its halal certificates a
distinct sign or logo registered in the Philippine Patent Office under Patent No. 4-2000-03664.

On October 26, 2001, respondent Office of the Executive Secretary issued EO 46 5 creating the Philippine Halal Certification Scheme and designating respondent
OMA to oversee its implementation. Under the EO, respondent OMA has the exclusive authority to issue halal certificates and perform other related regulatory
activities.

On May 8, 2002, a news article entitled "OMA Warns NGOs Issuing Illegal 'Halal' Certification" was published in the Manila Bulletin, a newspaper of general
circulation. In said article, OMA warned Muslim consumers to buy only products with its official halal certification since those without said certification had not been
subjected to careful analysis and therefore could contain pork or its derivatives. Respondent OMA also sent letters to food manufacturers asking them to secure
the halal certification only from OMA lest they violate EO 46 and RA 4109. 6 As a result, petitioner lost revenues after food manufacturers stopped securing
certifications from it.

Hence, this petition for prohibition.

Petitioner contends that the subject EO violates the constitutional provision on the separation of Church and State. 7 It is unconstitutional for the government to
formulate policies and guidelines on the halal certification scheme because said scheme is a function only religious organizations, entity or scholars can lawfully
and validly perform for the Muslims. According to petitioner, a food product becomes halal only after the performance of Islamic religious ritual and prayer. Thus,
only practicing Muslims are qualified to slaughter animals for food. A government agency like herein respondent OMA cannot therefore perform a religious function
like certifying qualified food products as halal.

Petitioner also maintains that the respondents violated Section 10, Article III of the 1987 Constitution which provides that "(n)o law impairing the obligation of
contracts, shall be passed." After the subject EO was implemented, food manufacturers with existing contracts with petitioner ceased to obtain certifications from
the latter.

Moreover, petitioner argues that the subject EO violates Sections 15 and 16 of Article XIII of the 1987 Constitution which respectively provide:

ROLE AND RIGHTS OF PEOPLE'S ORGANIZATIONS

Sec. 15. The State shall respect the role of independent people's organizations to enable the people to pursue and protect, within the democratic framework, their
legitimate and collective interests and aspirations through peaceful and lawful means.

People's organizations are bona fide associations of citizens with demonstrated capacity to promote the public interest and with identifiable leadership,
membership, and structure.

Sec. 16. The rights of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision-making
shall not be abridged. The State shall, by law, facilitate, the establishment of adequate consultation mechanisms.

According to petitioner, the subject EO was issued with utter haste and without even consulting Muslim people's organizations like petitioner before it became
effective.

We grant the petition.

OMA was created in 1981 through Executive Order No. 697 (EO 697) "to ensure the integration of Muslim Filipinos into the mainstream of Filipino society with due
regard to their beliefs, customs, traditions, and institutions." 8 OMA deals with the societal, legal, political and economic concerns of the Muslim community as a
"national cultural community" and not as a religious group. Thus, bearing in mind the constitutional barrier between the Church and State, the latter must make
sure that OMA does not intrude into purely religious matters lest it violate the non-establishment clause and the "free exercise of religion" provision found in Article
III, Section 5 of the 1987 Constitution. 9

Freedom of religion was accorded preferred status by the framers of our fundamental law. And this Court has consistently affirmed this preferred status, well aware
that it is "designed to protect the broadest possible liberty of conscience, to allow each man to believe as his conscience directs, to profess his beliefs, and to live
as he believes he ought to live, consistent with the liberty of others and with the common good." 10

Without doubt, classifying a food product as halal is a religious function because the standards used are drawn from the Qur'an and Islamic beliefs. By giving OMA
the exclusive power to classify food products as halal, EO 46 encroached on the religious freedom of Muslim organizations like herein petitioner to interpret for
Filipino Muslims what food products are fit for Muslim consumption. Also, by arrogating to itself the task of issuing halal certifications, the State has in effect forced
Muslims to accept its own interpretation of the Qur'an and Sunnah on halal food.
To justify EO 46's intrusion into the subject religious activity, the Solicitor General argues that the freedom of religion is subservient to the police power of the
State. By delegating to OMA the authority to issue halal certifications, the government allegedly seeks to protect and promote the muslim Filipinos' right to health,
and to instill health consciousness in them.

We disagree.

Only the prevention of an immediate and grave danger to the security and welfare of the community can justify the infringement of religious freedom. 11 If the
government fails to show the seriousness and immediacy of the threat, State intrusion is constitutionally unacceptable. In a society with a democratic framework
like ours, the State must minimize its interference with the affairs of its citizens and instead allow them to exercise reasonable freedom of personal and religious
activity.

In the case at bar, we find no compelling justification for the government to deprive muslim organizations, like herein petitioner, of their religious right to classify a
product as halal, even on the premise that the health of muslim Filipinos can be effectively protected by assigning to OMA the exclusive power to issue halal
certifications. The protection and promotion of the muslim Filipinos' right to health are already provided for in existing laws and ministered to by government
agencies charged with ensuring that food products released in the market are fit for human consumption, properly labeled and safe. Unlike EO 46, these laws do
not encroach on the religious freedom of muslims.

Section 48(4) of the Administrative Code of 1987 gives to the National Meat Inspection Commission (NMIC) of the Department of Agriculture (DOA) the power to
inspect slaughtered animals intended for human consumption to ensure the safety of the meat released in the market. Another law, RA 7394, otherwise known as
"The Consumer Act of 1992," gives to certain government departments the duty to protect the interests of the consumer, promote his general welfare and to
establish standards of conduct for business and industry.12 To this end, a food product, before its distribution to the market, is required to secure the Philippine
Standard Certification Mark after the concerned department inspects and certifies its compliance with quality and safety standards. 13

One such government agency designated by RA 7394 is the Bureau of Food and Drugs (BFD) of the Department of Health (DOH). Under Article 22 of said law,
BFD has the duty to promulgate and enforce rules and regulations fixing and establishing a reasonable definition and standard of identity, a standard of quality and
a standard of fill of containers for food. The BFD also ensures that food products released in the market are not adulterated. 14

Furthermore, under Article 48 of RA 7394, the Department of Trade and Industry (DTI) is tasked to protect the consumer against deceptive, unfair and
unconscionable sales acts or practices as defined in Article 50. 15 DTI also enforces compulsory labeling and fair packaging to enable the consumer to obtain
accurate information as to the nature, quality and quantity of the contents of consumer products and to facilitate his comparison of the value of such products. 16

With these regulatory bodies given detailed functions on how to screen and check the quality and safety of food products, the perceived danger against the health
of muslim and non-muslim Filipinos alike is totally avoided. Of great help are the provisions on labeling of food products (Articles 74 to 85) 17 of RA 7394. In fact,
through these labeling provisions, the State ably informs the consuming public of the contents of food products released in the market. Stiff sanctions are imposed
on violators of said labeling requirements.

Through the laws on food safety and quality, therefore, the State indirectly aids muslim consumers in differentiating food from non-food products. The NMIC
guarantees that the meat sold in the market has been thoroughly inspected and fit for consumption. Meanwhile, BFD ensures that food products are properly
categorized and have passed safety and quality standards. Then, through the labeling provisions enforced by the DTI, muslim consumers are adequately apprised
of the products that contain substances or ingredients that, according to their Islamic beliefs, are not fit for human intake. These are the non-secular steps put in
place by the State to ensure that the muslim consumers' right to health is protected. The halal certifications issued by petitioner and similar organizations come
forward as the official religious approval of a food product fit for muslim consumption.

We do not share respondents' apprehension that the absence of a central administrative body to regulate halal certifications might give rise to schemers who, for
profit, will issue certifications for products that are not actually halal. Aside from the fact that muslim consumers can actually verify through the labels whether a
product contains non-food substances, we believe that they are discerning enough to know who the reliable and competent certifying organizations in their
community are. Before purchasing a product, they can easily avert this perceived evil by a diligent inquiry on the reliability of the concerned certifying organization.

WHEREFORE, the petition is GRANTED. Executive Order 46, s. 2000, is hereby declared NULL AND VOID. Consequently, respondents are prohibited from
enforcing the same.

SO ORDERED.

Davide, Jr., C .J ., Bellosillo, Panganiban, Ynares-Santiago, Carpio, Austria-Martinez, Carpio-Morales, Callejo, Sr ., Azcuna and Tinga, JJ., concur.
Quisumbing and Sandoval-Gutierrez, JJ ., on official leave.

Separate Opinions

VITUG, J.:

I concur, with the understanding as so explained during the deliberations, that the halal certification, which herein petitioner and other similar organizations have
been accredited to issue, is not taken as a compulsory requirement for muslim food manufacturers to secure. Adequate safeguards being already in place to
ensure the safety of all food products, food manufacturers would thus have the option, decided solely on the basis of marketing advantage, whether or not to
obtain the certification on their food products. In fine, the acquisition of halal certificates should remain optional or only on a voluntary basis on the part of
manufacturers of muslim food products.

Puno, J ., concurs.

Footnotes

1
According to the petitioner, RISEAP is a federation of Muslim organizations in non-Muslim countries where Muslims are minorities in Asia and the Pacific.

2
Halal is a Muslim term that means lawful food, things, manners and actions allowed by God for mankind and enjoined upon the believers (Petition, p. 6; Rollo, p.
8). It is a term that means "to slaughter for food" (WEBSTER'S THIRD INTERNATIONAL DICTIONARY, 1986 Ed., p. 1021).

3
The book composed of writings accepted by Muslims as revelations made to Mohammad by Allah and the divinely authorized basis for the religious, social, civil,
commercial, military, and legal regulations of the Islamic world (WEBSTER'S THIRD INTERNATIONAL DICTIONARY, 1986 Ed., p. 1255).

4
The body of Islamic custom and practice based on Mohammad's words and deeds (WEBSTER'S THIRD INTERNATIONAL DICTIONARY, 1986 Ed., p. 2292).

5
EXECUTIVE ORDER NO. 46

AUTHORIZING THE OFFICE ON MUSLIM AFFAIRS TO


UNDERTAKE PHILIPPINE HALAL CERTIFICATION

WHEREAS, it is the policy of the State to protect and promote the Filipinos' right to health and instill health consciousness among them;

xxx             xxx             xxx

WHEREAS, the establishment of a Philippine Halal Certification Scheme for food and non-food products will contribute toward:

1. The establishment of a national standards and certification scheme for halal food and non-food products and a national standards and accreditation scheme for
establishments;

2. The opening of new markets and the development of strong consumer awareness of, and confidence in, Philippine halal food and non-food products;

3. The development and promotion of Philippine industries through the increase in the volume and value of Philippine halal food and non-food exports; and

4. The development of Philippine products which comply with halal standards established in accordance with Shari'ah Law and which are highly competitive and
acceptable to the Muslim Market;

xxx             xxx             xxx

WHEREAS, the establishment of a Philippine Halal Certification Scheme is in accordance with our country's commitments to the World Trade Organization (WTO),
the Brunei-Indonesia-Malaysia-Philippines East ASEAN Growth Area (BIMP-EAGA), the ASEAN Free Trade Area (AFTA), The Asia Pacific Economic Cooperation
(APEC), and the Association of Southeast Asian Nations (ASEAN), specifically, the Consultative Committee on Standards and Quality and the Senior Officials
Meeting-ASEAN Ministers on Agriculture and Forestry (SOM-AMAF), and with the efforts of SOM-AMAF to provide mechanisms for identifying halal food and non-
food products in order that ASEAN member countries may better comply with international halal standards and processes;

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Philippines, by virtue of the powers vested in me by law and the Constitution, do
hereby order the following:

SECTION 1. Designation of the Office on Muslim Affairs to Undertake Philippine Halal Certification and Regulatory Activitie s. — The Office on Muslim Affairs is
hereby designated to undertake Philippine halal certification and regulatory activities. The Office on Muslim Affairs shall oversee the Philippine Halal Certification
Scheme.

SECTION 2. Halal Certification and Regulatory Functions. — The halal certification and regulatory functions to be exercised by the Office on Muslim Affairs shall
involve the following powers and functions:

1. Formulate policies, guidelines and developmental goals within the context of the Philippine Halal Certification Scheme;

2. Plan, facilitate, and supervise the implementation and monitoring of components and developmental activities relating to the Philippine Halal Certification
Scheme;

3. Ensure strict implementation of and compliance with halal standards and guidelines;

4. Coordinate with appropriate agencies, both at local and international level as may be required, to ensure the enforcement of the Philippine Halal Certification
Scheme and the acceptance of Philippine products certified under the Philippine Halal Certification Scheme;

5. Issue Halal Certificates to applicants;

6. Validate whether imported halal products complied with halal standards; and

7. Adopt measures to ensure the success of the Philippine Halal Certification Scheme.

SECTION 3. Training and Research. — A halal training and research facility to support the Philippine Halal Certification Scheme shall be established. Said facility
shall be operated under the auspices of the Office on Muslim Affairs.

SECTION 4. Funding. — Funds necessary for the initial halal certification and regulatory functions of the Office on Muslim Affairs shall be sourced from the Office
of the President, upon submission by the Office on Muslim Affairs of its work and financial plan. Subsequent annual funding requirement shall be sourced from the
General Appropriations Act and from the income generated by the Office on Muslim Affairs.

SECTION 5. Rules and Regulations; Sanctions. — The Office on Muslim Affairs shall formulate rules and regulations, and impose sanctions as may be allowed by
law to ensure compliance therewith, for the successful implementation of the Philippine Halal Certification Scheme; Provided, that the Office on Muslim Affairs
shall consider the pertinent provisions of Republic Act No. 4109 in the formulation and eventual implementation of said rules and regulations.

SECTION 6. Repealing Clause. — All executive issuances, orders, rules and regulations which are inconsistent with any provision of this Executive Order are
hereby revoked, amended or modified accordingly.

SECTION 7. Effectivity. — This Executive Order shall take effect fifteen (15) days after its publication in two (2) newspapers of national circulation.

City of Manila, October 26, 2001.

By the President:

ALBERTO ROMULO (Sgd.)

Executive Secretary

6
An Act to Convert the Division of Standards Under the Bureau of Commerce into A Bureau of Standards, to Provide for the Standardization and/or Inspection of
Products and Imports of the Philippines and for other Purposes.
7
Section 6, Article II of the 1987 Philippine Constitution provides that:

Sec. 6. The separation of the Church and State shall be inviolable.

8
Section 1, EO 697.

9
SEC. 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.

10
Iglesia ni Cristo vs. Court of Appeals, 259 SCRA 529 [1996] citing Victoriano vs. Elizalde Rope Workers Union, 59 SCRA 54 [1974].

11
Victoriano vs. Elizalde Rope Workers Union, 59 SCRA 54, 72 [1974].

12
Article 2, RA 7394.

13
Article 14, RA 7394.

14
Article 23, RA 7394.

15
ARTICLE 50. Prohibition Against Deceptive Sales Acts or Practices. — A deceptive act or practice by a seller or supplier in connection with a consumer
transaction violates this Act whether it occurs before, during or after the transaction. An act or practice shall be deemed deceptive whenever the producer,
manufacturer, supplier or seller, through concealment, false representation or fraudulent manipulation, induces a consumer to enter into a sales or lease
transaction of any consumer product or service.

Without limiting the scope of the above paragraph, the act or practice of a seller or supplier is deceptive when it represents that:

a) a consumer product or service has the sponsorship, approval, performance, characteristics, ingredients, accessories, uses, or benefits it does not have;

b) a consumer product or service is of a particular standard, quality, grade, style, or model when in fact it is not;

c) a consumer product is new, original or unused, when in fact, it is in a deteriorated, altered, reconditioned, reclaimed or second-hand state;

d) a consumer product or service is available to the consumer for a reason that is different from the fact;

e) a consumer product or service has been supplied in accordance with the previous representation when in fact it is not;

f) a consumer product or service can be supplied in a quantity greater than the supplier intends;

g) a service, or repair of a consumer product is needed when in fact it is not;

h) a specific price advantage of a consumer product exists when in fact it does not;

i) the sales act or practice involves or does not involve a warranty, a disclaimer of warranties, particular warranty terms or other rights, remedies or obligations if
the indication is false; and

j) the seller or supplier has a sponsorship, approval, or affiliation he does not have.

16
Article 74, RA 7394.

17

CHAPTER IV

LABELING AND FAIR PACKAGING

ARTICLE 74. Declaration of Policy. — The State shall enforce compulsory labeling, and fair packaging to enable the consumer to obtain accurate information as to
the nature, quality and quantity of the contents of consumer products and to facilitate his comparison of the value of such products.

ARTICLE 75. Implementing Agency. — The Department of Trade and Industry shall enforce the provisions of this Chapter and its implementing rules and
regulations: Provided, That with respect to food, drugs, cosmetics, devices and hazardous substances, it shall be enforced by the concerned department.

ARTICLE 76. Prohibited Acts on Labeling and Packaging. — It shall be unlawful for any person, either as principal or agent, engaged in the labeling or packaging
of any consumer product, to display or distribute or to cause to be displayed or distributed in commerce any consumer product whose package or label does not
conform to the provisions of this Chapter.

The prohibition in this Chapter shall not apply to persons engaged in the business of wholesale or retail distributors of consumer products except to the extent that
such persons:

a) are engaged in the packaging or labeling of such products;

b) prescribe or specify by any means the manner in which such products are packaged or labeled; or

c) having knowledge, refuse to disclose the source of the mislabeled or mispackaged products.

ARTICLE 77. Minimum Labeling Requirements for Consumer Products. — All consumer products domestically sold whether manufactured locally or imported shall
indicate the following in their respective labels of packaging:

a) its correct and registered trade name or brand name;

b) its duly registered trademark;


c) its duly registered business name;

d) the address of the manufacturer, importer, repacker of the consumer product in the Philippines;

e) its general make or active ingredients;

f) the net quality of contents, in terms of weight, measure or numerical count rounded off to at least the nearest tenths in the metric system;

g) country of manufacture, if imported; and

h) if a consumer product is manufactured, refilled or repacked under license from a principal, the label shall so state the fact.

The following may be required by the concerned department in accordance with the rules and regulations they will promulgate under authority of this Act:

a) whether it is flammable or inflammable;

b) directions for use, if necessary;

c) warning of toxicity;

d) wattage, voltage or amperes; or

e) process of manufacture used if necessary.

Any word, statement or other information required by or under authority of the preceding paragraph shall appear on the label or labeling with such
conspicuousness as compared with other words, statements, designs or devices therein, and in such terms as to render it likely to be read and understood by the
ordinary individual under customary conditions of purchase or use.

The above requirements shall form an integral part of the label without danger of being erased or detached under ordinary handling of the product.

ARTICLE 78. Philippine Product Standard Mark. — The label may contain the Philippine Product Standard Mark if it is certified to have passed the consumer
product standard prescribed by the concerned department.

ARTICLE 79. Authority of the Concerned Department to Provide for Additional Labeling and Packaging Requirements. — Whenever the concerned department
determines that regulations containing requirements other than those prescribed in Article 77 hereof are necessary to prevent the deception of the consumer or to
facilitate value comparisons as to any consumer product, it may issue such rules and regulations to:

a) establish and define standards for characterization of the size of a package enclosing any consumer product which may be used to supplement the label
statement of net quality, of contents of packages containing such products but this clause shall not be construed as authorizing any limitation on the size, shape,
weight, dimensions, or number of packages which may be used to enclose any product;

b) regulate the placement upon any package containing any product or upon any label affixed to such product of any printed matter stating or representing by
implication that such product is offered for retail at a price lower than the ordinary and customary retail price or that a price advantage is accorded to purchases
thereof by reason of the size of the package or the quantity of its contents;

c) prevent the nonfunctional slack-fill of packages containing consumer products.

For purposes of paragraph (c) of this Article, a package shall be deemed to be nonfunctionally slack-filled if it is filled to substantially less than its capacity for
reasons other than (1) protection of the contents of such package, (2) the requirements of machines used for enclosing the contents in such package, or (3)
inherent characteristics of package materials or construction being used.

ARTICLE 80. Special Packaging of Consumer Products for the Protection of Children. — The concerned department may establish standards for the special
packaging of any consumer product if it finds that:

a) the degree or nature of the hazard to children in the availability of such product, by reason of its packaging, is such that special packaging is required to protect
children from serious personal injury or serious illness resulting from handling and use of such product; and

b) the special packaging to be required by such standard is technically feasible, practicable and appropriate for such product. In establishing a standard under this
Article, the concerned department shall consider:

1) the reasonableness of such standard;

2) available scientific, medical and engineering data concerning special packaging and concerning accidental ingestions, illnesses and injuries caused by
consumer product;

3) the manufacturing practices of industries affected by this Article; and

4) the nature and use of consumer products.

ARTICLE 81. Price Tag Requirement. — It shall be unlawful to offer any consumer product for retail sale to the public without an appropriate price tag, label or
marking publicly displayed to indicate the price of each article and said products shall not be sold at a price higher than that stated therein and without
discrimination to all buyers: Provided, That lumber sold, displayed or offered for sale to the public shall be tagged or labeled by indicating thereon the price and the
corresponding official name of the wood: Provided, further, That if consumer products for sale are too small or the nature of which makes it impractical to place a
price tag thereon price list placed at the nearest point where the products are displayed indicating the retail price of the same may suffice.

ARTICLE 82. Manner of Placing Price Tags. — Price tags, labels or markings must be written clearly, indicating the price of the consumer product per unit in
pesos and centavos.

ARTICLE 83. Regulations for Price Tag Placement. — The concerned department shall prescribe rules and regulations for the visible placement of price tags for
specific consumer products and services. There shall be no erasures or alterations of any sort of price tags, labels or markings.
ARTICLE 84. Additional Labeling Requirements for Food. — The following additional labeling requirements shall be imposed by the concerned department for
food:

a) expiry or expiration date, where applicable;

b) whether the consumer product is semi-processed, fully processed, ready-to-cook, ready-to-eat, prepared food or just plain mixture;

c) nutritive value, if any;

d) whether the ingredients used are natural or synthetic, as the case may be;

e) such other labeling requirements as the concerned department may deem necessary and reasonable.

ARTICLE 85. Mislabeled Food. — A food shall also be deemed mislabeled:

a) if its labeling or advertising is false or misleading in any way;

b) if it is offered for sale under the name of another food;

c) if it is an imitation of another food, unless its label bears in type of uniform size and prominence, the word "imitation" and, immediately thereafter, the name of
the food imitated;

d) its container is so made, formed, or filled as to be misleading;

e) if in package form unless it bears a label conforming to the requirements of this Act: Provided, That reasonable variation on the requirements of labeling shall be
permitted and exemptions as to small packages shall be established by the regulations prescribed by the concerned department of health;

f) if any word, statement or other information required by or under authority of this Act to appear on the principal display panel of the label or labeling is not
prominently placed thereon with such conspicuousness as compared with other words, statements, designs or devices in the labeling and in such terms as to
render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

g) if it purports to be or is represented as a food for which a definition or standard of identity has been prescribed unless:

1) it conforms to such definition and standard; and

2) its label bears the name of the food specified in the definition or standards, and insofar as may be required by such regulations, the common names of optional
ingredients other than spices, flavoring and coloring, present in such food;

h) if it purports to be or represented as:

1) a food for which a standard of quality has been prescribed by regulations as provided in this Act and its quality fall below such standard, unless its label bears in
such manner and form as such regulations specify, a statement that it falls below such standard; or

2) a food for which a standard or standards or fill of container have been prescribed by regulations as provided by this Act and it falls below the standard of fill of
container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard;

i) if it is not subject to the provisions of paragraph (g) of this Article unless its label bears:

1) the common or usual name of the food, if there be any; and

2) in case it is manufactured or processed from two or more ingredients, the common or usual name of such ingredient; except the spices, flavorings and colorings
other than those sold as such, may be designated as spices, flavorings and colorings without naming each: Provided, That to the extent that compliance with the
requirement of clause (2) of this paragraph is impracticable or results in deception or unfair competition, exemptions shall be established by regulations
promulgated by the concerned department of health;

j) if it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin or mineral or other dietary properties
as the concerned department determines to be, or by regulations prescribed as necessary in order fully to inform purchasers as its value for such uses;

k) if it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling, stating that fact: Provided, That to the extent that compliance
with the requirements of this paragraph is impracticable, exemptions shall be established by regulations promulgated by the concerned department. The provisions of this
paragraph or paragraphs (g) and (i) with respect to the artificial coloring shall not apply in the case of butter, cheese or ice cream.

CODE OF PROFESSIONAL RESPONSIBILITY


(Promulgated June 21, 1988)
 
CHAPTER I. THE LAWYER AND SOCIETY
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL
PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system.

Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man's cause.

Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement.

CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE
INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION.
Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed.

Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the
extent necessary to safeguard the latter's rights.
Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to solicit legal business.

Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant.

CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE
INFORMATION OR STATEMENT OF FACTS.
Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or
claim regarding his qualifications or legal services.

Rule 3.02 - In the choice of a firm name, no false, misleading or assumed name shall be used. The continued use of the name of a deceased partner is
permissible provided that the firm indicates in all its communications that said partner is deceased.

Rule 3.03 - Where a partner accepts public office, he shall withdrawal from the firm and his name shall be dropped from the firm name unless the law
allows him to practice law currently.

Rule 3.04 - A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of, or in return for, publicity to attract
legal business.

CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW
REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.

CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS,
SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST
IN DISSEMINATING THE LAW AND JURISPRUDENCE.

CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS.

Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done. The suppression of facts or the
concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action.

Rule 6.02 - A lawyer in the government service shall not use his public position to promote or advance his private interests, nor allow the latter to
interfere with his public duties.

Rule 6.03 - A lawyer shall not, after leaving government service, accept engagement or employment in connection with any matter in which he had
intervened while in said service.

CHAPTER II. THE LAWYER AND THE LEGAL PROFESSION

CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES
OF THE INTEGRATED BAR.

 
Rule 7.01 - A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact in connection with his application for
admission to the bar.

Rule 7.02 - A lawyer shall not support the application for admission to the bar of any person known by him to be unqualified in respect to character,
education, or other relevant attribute.

Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he whether in public or private life,
behave in a scandalous manner to the discredit of the legal profession.

CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR TOWARDS HIS PROFESSIONAL COLLEAGUES, AND
SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL.

 
Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper.

Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer, however, it is the right of any
lawyer, without fear or favor, to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel.

CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW.

 
Rule 9.01 - A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the
bar in good standing.

Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law, except:

(a) Where there is a pre-existing agreement with a partner or associate that, upon the latter's death, money shall be paid over a reasonable period of
time to his estate or to persons specified in the agreement; or

(b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or

(c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan even if the plan is based in whole or in part, on a profit sharing
agreement.

CHAPTER III. THE LAWYER AND THE COURTS

CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.
 
Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he mislead, or allow the Court to be misled by any
artifice.

Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the argument of opposing counsel, or the
text of a decision or authority, or knowingly cite as law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which
has not been proved.

Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice.

CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST
ON SIMILAR CONDUCT BY OTHERS.

 
Rule 11.01 - A lawyer shall appear in court properly attired.

Rule 11.02 - A lawyer shall punctually appear at court hearings.

Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the Courts.

Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality to the case.

Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper authorities only.

CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION
OF JUSTICE.

 
Rule 12.01 - A lawyer shall not appear for trial unless he has adequately prepared himself on the law and the facts of his case, the evidence he will
adduce and the order of its proferrence. He should also be ready with the original documents for comparison with the copies.

Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause.

Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting the
same or offering an explanation for his failure to do so.

Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse Court processes.

Rule 12.05 - A lawyer shall refrain from talking to his witness during a break or recess in the trial, while the witness is still under examination.

Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another.

Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him.

Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except:

(a) on formal matters, such as the mailing, authentication or custody of an instrument, and the like; or

(b) on substantial matters, in cases where his testimony is essential to the ends of justice, in which event he must, during his testimony, entrust the
trial of the case to another counsel.

CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR
GIVES THE APPEARANCE OF INFLUENCING THE COURT.

 
Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for cultivating familiarity with Judges.

Rule 13.02 - A lawyer shall not make public statements in the media regarding a pending case tending to arouse public opinion for or against a party.

Rule 13.03 - A lawyer shall not brook or invite interference by another branch or agency of the government in the normal course of judicial
proceedings.

CHAPTER IV. THE LAWYER AND THE CLIENT

CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.

 
Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the latter's race, sex. creed or status of life, or because of his own
opinion regarding the guilt of said person.

Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de officio or as amicus curiae, or a request
from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid.

Rule 14.03 - A lawyer may not refuse to accept representation of an indigent client if:

(a) he is not in a position to carry out the work effectively or competently;

(b) he labors under a conflict of interest between him and the prospective client or between a present client and the prospective client.
Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his
relations with paying clients.

CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.

 
Rule 15.01. - A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable whether the matter would involve a conflict with
another client or his own interest, and if so, shall forthwith inform the prospective client.

Rule 15.02.- A lawyer shall be bound by the rule on privilege communication in respect of matters disclosed to him by a prospective client.

Rule 15.03. - A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts.

Rule 15.04. - A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in settling disputes.

Rule 15.05. - A lawyer when advising his client, shall give a candid and honest opinion on the merits and probable results of the client's case, neither
overstating nor understating the prospects of the case.

Rule 15.06. - A lawyer shall not state or imply that he is able to influence any public official, tribunal or legislative body.

Rule 15.07. - A lawyer shall impress upon his client compliance with the laws and the principles of fairness.

Rule 15.08. - A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall make clear to his client whether
he is acting as a lawyer or in another capacity.

CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS PROFESSION.

 
Rule 16.01 - A lawyer shall account for all money or property collected or received for or from the client.

Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him.

Rule 16.03 - A lawyer shall deliver the funds and property of his client when due or upon demand. However, he shall have a lien over the funds and may
apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also
have a lien to the same extent on all judgments and executions he has secured for his client as provided for in the Rules of Court.

Rule 16.04 - A lawyer shall not borrow money from his client unless the client's interest are fully protected by the nature of the case or by independent
advice. Neither shall a lawyer lend money to a client except, when in the interest of justice, he has to advance necessary expenses in a legal matter he
is handling for the client.

CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED
IN HIM.

CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE.

 
Rules 18.01 - A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to render. However, he may render
such service if, with the consent of his client, he can obtain as collaborating counsel a lawyer who is competent on the matter.

Rule 18.02 - A lawyer shall not handle any legal matter without adequate preparation.

Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable.

Rule 18.04 - A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable time to the client's request for
information.

CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW.

 
Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not present, participate in
presenting or threaten to present unfounded criminal charges to obtain an improper advantage in any case or proceeding.

Rule 19.02 - A lawyer who has received information that his client has, in the course of the representation, perpetrated a fraud upon a person or
tribunal, shall promptly call upon the client to rectify the same, and failing which he shall terminate the relationship with such client in accordance with
the Rules of Court.

Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the case.

CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.

 
Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees:
(a) the time spent and the extent of the service rendered or required;

(b) the novelty and difficulty of the questions involved;

(c) The importance of the subject matter;


(d) The skill demanded;

(e) The probability of losing other employment as a result of acceptance of the proffered case;

(f) The customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs;

(g) The amount involved in the controversy and the benefits resulting to the client from the service;

(h) The contingency or certainty of compensation;

(i) The character of the employment, whether occasional or established; and

(j) The professional standing of the lawyer.

Rule 20.02 - A lawyer shall, in case of referral, with the consent of the client, be entitled to a division of fees in proportion to the work performed and
responsibility assumed.

Rule 20.03 - A lawyer shall not, without the full knowledge and consent of the client, accept any fee, reward, costs, commission, interest, rebate or
forwarding allowance or other compensation whatsoever related to his professional employment from anyone other than the client.

Rule 20.04 - A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition,
injustice or fraud.

CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS
TERMINATED.

 
Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client except;
(a) When authorized by the client after acquainting him of the consequences of the disclosure;

(b) When required by law;

(c) When necessary to collect his fees or to defend himself, his employees or associates or by judicial action.

Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use information acquired in the course of employment, nor shall he use the same to
his own advantage or that of a third person, unless the client with full knowledge of the circumstances consents thereto.

Rule 21.03 - A lawyer shall not, without the written consent of his client, give information from his files to an outside agency seeking such information
for auditing, statistical, bookkeeping, accounting, data processing, or any similar purpose.

Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client.

Rule 21.05 - A lawyer shall adopt such measures as may be required to prevent those whose services are utilized by him, from disclosing or using
confidences or secrets of the clients.

Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's affairs even with members of his family.

Rule 21.07 - A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible conflict of interest.

CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES.

 
Rule 22.01 - A lawyer may withdraw his services in any of the following case:
(a) When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling;

(b) When the client insists that the lawyer pursue conduct violative of these canons and rules;

(c) When his inability to work with co-counsel will not promote the best interest of the client;

(d) When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively;

(e) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement;

(f) When the lawyer is elected or appointed to public office; and


(g) Other similar cases.

Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn over all papers and property to which the client
is entitled, and shall cooperative with his successor in the orderly transfer of the matter, including all information necessary for the proper handling of
the matter.

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