Endnotes:
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;x x x
WHEREAS, the establishment of a Philippine Halal Certification Scheme for food and non-food products will contribute toward:chanrob1es virtual 1aw library
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;x x x
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:chanrob1es virtual 1aw library
SECTION 1. Designation of the Office on Muslim Affairs to Undertake Philippine Halal Certification and Regulatory Activities. — 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:chanrob1es virtual 1aw library
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:chanrob1es virtual 1aw library
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:chanrob1es virtual 1aw library
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 v. Court of Appeals, 259 SCRA 529 [1996] citing Victoriano v. Elizalde Rope Workers Union, 59 SCRA 54 [1974].
11. Victoriano v. 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:chanrob1es virtual 1aw library
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:chanrob1es virtual 1aw library
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:chanrob1es virtual 1aw library
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:chanrob1es virtual 1aw library
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:chanrob1es virtual 1aw library
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:chanrob1es virtual 1aw library
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:chanrob1es virtual 1aw library
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:chanrob1es virtual 1aw library
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:chanrob1es virtual 1aw library
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:chanrob1es virtual 1aw library
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:chanrob1es virtual 1aw library
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:chanrob1es virtual 1aw library
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.