Sunday, November 13, 2011

Beltran vs. Sec. of Health


FACTS: This case involves a law seeking to promote voluntary donation of blood and to phase out commercial blood banks within 2 years from its effectivity. The purpose of the law is to prevent blood transfusion transmissible diseases which were proven in studies to be more prone in blood transfusions w/c come from the commercial blood banks as compared to those coming from the Phil. National Red Cross. Petitioners assailed the latter’s constitutionality on the ground of deprivation of property and liberty.  

ISSUE: WON RA 7719 (National Blood Services Act) constitutes as unlawful deprivation of personal liberty and property.

HELD: No. It was a VALID legislation. The interest of commercial blood banks must yield to a greater interest of the public.

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