DOH undersecretary for legal affairs lawyer Alex Padilla said these blood outlets are operating only by virtue of the temporary restraining order (TRO) issued by the Supreme Court to stop the DOH from closing down such facilities as mandated under the Republic Act 7719, or the National Blood Service Act.
"It’s status quo. Their licenses have expired but they continue to operate because of the TRO issued by the Supreme Court (in 1998)," Padilla told The STAR.
Passed in 1994, the law was intended to provide for an adequate supply of safe blood through voluntary blood donation.
The law was enacted in 1994 amid the emergence of the dreaded Acquired Immune Deficiency Syndrome (AIDS) an incurable disease that can be transmitted through blood transfusion.
The DOH was to nail down all commercial blood banks that will be replaced by blood service facilities that will be put up by the government. These facilities are either based or networked with hospitals.
The phase-out was supposed to commence in 1996 — two years after the law was enacted — but was extendable to two years, or in 1998.
Blood bank owners, however, questioned the law until they reached high tribunal. They argued that the government lacked sufficient blood outlets.
A DOH insider noted that because of the law, the department is no longer monitoring these blood outlets.
"What’s the use of monitoring them. What we are mandated to do under the law is to close them down," the insider added.
According to Padilla, the DOH had already filed with the Supreme Court a motion for the early resolution of the blood banks’ case.
"We hope the Supreme Court will soon issue a resolution on this," he said.
Maritess Estrella, development management officer of DOH’s blood program, said the law provides for the establishment of "blood service network" in every province and city nationwide.
At present, the DOH has 45 lead blood service facilities that each has at least 10 satellite outlets, mostly based in private and public hospitals. This does not include the blood outlets of the Philippine National Red Cross.
Under the networking scheme, hospitals coordinate with these facilities for their blood demands.
Estrella added the DOH also put up "clearing house" to ensure that a patient’s need for hemoglobin is met on time.