Republic of the Philippines FS oe 2 SFEB 2015
HOUSE OF REPRESENTATIVES Bt oy PH
Quezon City =

SIXTEENTH CONGRESS
Second Regular Session

5500

HOUSE BILL NO.

Introduced by: Hon. Angelina “Helen” D.L. Tan, M.D.

AN ACT
AMENDING REPUBLIC ACT NO. 9211, OTHERWISE KNOWN AS “AN ACT
REGULATING THE PACKAGING, USE, SALE, DISTRIBUTION AND
ADVERTISEMENTS OF TOBACCO PRODUCTS, AND FOR OTHER PURPOSES”

EXPLANATORY NOTE

More than a decade since it was enacted into law, the effective implementation of the
first comprehensive national legislation on tobacco control in the country largely remains
a severe challenge to this day. It was observed that there were loopholes and gaps in
the Tobacco Regulation Act of 2003 or Republic Act No. 9211 that urgently need to be
addressed to fully realize the intent of this landmark piece of legislation. Majority of its
provisions are poorly implemented by the enforcement agencies and institutions and
most local government units.

One loophole that has been noted was in the definition of “public places” which is
construed to mean only such places that are enclosed or confined. This definition under
the law veers away from the World Health Organization’s Guidelines on Protection from
Exposure to Tobacco Smoke consistent with the WHO Framework Convention on
Tobacco Control, which covers all places accessible to the general public.

Another loophole is in the provision on the prohibition of smoking in certain public places
which does not make specific mention of public places such as parks and playgrounds,
entertainment halls, concert grounds, convention centers, and sporting arenas where
the general public, including children, pregnant women, and the elderly engage in
different activities. Hence, this bill seeks to cover these places under the definition.

Another problem under the present law is the composition of the Inter-Agency
Committee on Tobacco or the IAC-Tobacco which is headed by the Department of
Trade and Industry instead of the Department of Health considering that the law is
fundamentally a health law. Section 2 of RA 9211 primarily provides the State policy,
«to protect the populace from hazardous products and promote the right to health and
instil health consciousness among them.”

The bill removes a representative from the Tobacco Industry among the members of the
IAC-Tobacco which is vested with the exclusive power and function to administer and
implement the provisions of RA 9211 since that which is being regulated and monitored
cannot and should never be part of the monitoring and regulating body.


Moreover, it seeks to prohibit smoking not only in public conveyances but in private
conveyances as well where there are children, senior citizens and pregnant women.
Lastly, the bill makes the posting of smoking and non-smoking signages part of the
requirements for the issuance and/or renewal of business permits and/or permits to
operate for various establishments and facilities.

In view of promoting the right to health of the general public and instilling health
consciousness among them, approval of this significant measure is earnestly requested.

ANGELINA wert TAN, M.D.

4th District, Quezon


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 5500

Introduced by: Hon. Angelina “Helen” D.L. Tan, M.D.

AN ACT
AMENDING REPUBLIC ACT NO. 9211, OTHERWISE KNOWN AS “AN ACT
REGULATING THE PACKAGING, USE, SALE, DISTRIBUTION AND
ADVERTISEMENTS OF TOBACCO PRODUCTS, AND FOR OTHER PURPOSES”

Be enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION. 1. Section 4 of Republic Act No. 9211 is hereby amended to read as follows:
“Section 4. Definition of Terms. - As used in this Act:
XXX

n. “Public Places” - refer to [enclosed or confined] areas of all hospitals, medical
clinics, schools, public transportation terminals and offices, and buildings such as
private and public offices, recreational places, shopping malls, movie houses, hotels,
restaurants, and the like OR ALL PLACES ACCESSIBLE TO THE GENERAL PUBLIC
OR PLACES FOR COLLECTIVE USE;

XXX
SEC. 2. Section 5 of Republic Act No. 9211 is hereby amended to read as follows:

"Section 5. Smoking Ban in Public Places. - Smoking shall be absolutely prohibited
in the following public places:

a. Centers of youth activity such as playschools, preparatory schools, elementary
schools, high schools, colleges and universities, youth hostels and recreational facilities
for persons under eighteen (18) years old, LIKE PLAYGROUNDS AND PARKS,
AMONG OTHERS;

b. Elevators and stairwells, HIGHWAYS, STREETS, COVERED WALKS OR
PATHWAYS, PEDESTRIAN UNDERPASS AND OVERPASS OR FOOTBRIDGES,
WAITING SHEDS, AND SIDEWALKS;

c. Locations in which fire hazards are present, including gas stations and storage areas
for flammable liquids, gas, explosives or combustible materials;


d. Within the buildings and premises of public and private hospitals, medical, dental,
and optical clinics, health centers, nursing homes, dispensaries and laboratories;

e. Public conveyances and public facilities including airport and ship terminals, and train
and bus stations, restaurants and conference halls, except for separate smoking areas;
and

f. Food preparation areas.”
SEC. 2. Section 6 of Republic Act No. 9211 is hereby amended to read as follows:

“SECTION 6. Designated Smoking and Non-smoking Areas. - In all [enclosed]
places that are open to the general public, GOVERNMENT AND private workplaces,
ENTERTAINMENT HALLS, CONCERT GROUNDS, CONVENTION CENTERS,
SPORTING VENUES AND COMPLEXES, PUBLIC TRANSPORT TERMINALS, TAXI
STANDS, and other places not covered under the preceding section, where smoking
may expose a person other than the smoker to tobacco smoke, the owner, proprietor,
operator, possessor, manager or administrator of such places shall establish smoking
and non-smoking areas. Such areas may include a designated smoking area within the
building, which may be in an open space or separate area with proper ventilation, but
‘shall not be located within the same room that has been designated as a non-smoking
area, PROVIDED, THAT IN ALL SCHOOL-RELATED ACTIVITIES, WHETHER WITHIN
OR OUTSIDE THE SCHOOL PREMISES AND WHETHER HELD INDOORS OR
OURDOORS, SMOKING SHALL BE ABSOLUTELY PROHIBITED.

All designated smoking areas shall have at least one (1) legible and visible sign
posted, namely “SMOKING AREA" for the information and guidance of all concerned. In
addition, the sign or notice posted shall include a warning about the health effects of
direct or secondhand exposure to tobacco smoke. Non-Smoking areas shall likewise
have at least one (1) legible and visible sign, namely: “NON-SMOKING AREA" or “NO
SMOKING.”

THESE SMOKING AND NON-SMOKING SIGNAGES SHOULD BE MADE PART
OF THE REQUIREMENTS FOR THE ISSUANCE AND/OR RENEWAL OF THE
BUSINESS PERMITS AND/OR PERMITS TO OPERATE OF ESTABLISHMENTS,
HEALTH FACILITIES OR SCHOOLS AND THE FAILURE TO COMPLY THEREWITH
IS A GROUND FOR THE DENIAL OR REVOCATION OF SUCH PERMITS.

SEC. 3. A new Section 6-A of Republic Act No. 9211 is hereby appended to read as
follows:

“Section 6-A. Smoking in Private Conveyances. — Smoking is absolutely prohibited
in private conveyances where there are minors, senior citizens and pregnant women.
Private conveyance shall refer to any vehicle that is not considered a public conveyance
as defined in Section 4 (m) herein.”


SEC. 4. Section 29 of Republic Act No. 9211 is hereby amended to read as follows:

“SECTION 29. Implementing Agency. - An Inter-Agency Committee—Tobacco
(IAC-Tobacco), which shall have the exclusive power and function to administer and
implement the provisions of this Act, is hereby created. The IAC-Tobacco shall be
chaired by the Secretary of the Department of HEALTH (DOH) {Trade and Industry
(DTI)] with the Secretary of the Department of TRADE AND INDUSTRY (DTI) [Health
(DOH)] as Vice Chairperson. The IAC-Tobacco shall have the following as members:

a. Secretary of the Department of Agriculture (DA);

b. Secretary of the Department of Justice (DOJ);

c. Secretary of the Department of Finance (DOF);

d. Secretary of the Department of Environment and Natural Resources (DENR);

e. Secretary of the Department of Science and Technology (DOST);

f. Secretary of the Department of Education (DepEd);

g. Administrator of the National Tobacco Administration (NTA); AND

h. A representative from a nongovernment organization (NGO) involved in public
health promotion nominated by DOH in consultation with the concerned NGOs;

The Department Secretaries may designate their Undersecretaries as their
authorized representatives to the IAC.”

SEC. 5. Section 32 of Republic Act No. 9211 is hereby amended to read as follows:
“SECTION 82. Penalties. - The following penalties shall apply:

a. Violation of Sections 5 [and] 6 AND 6-A. - On the first offense, a fine of not less
than TWO THOUSAND [Five hundred} pesos (PHP2,000.00) [(Php500.00)} but not
more than THREE [One] thousand pesos (PHP3,000.00) [(Php1,000.00)] shall be
imposed.

On the second offense, a fine of not less than THREE [One] thousand pesos
(PHP3,000.00) [(Php1,000.00)] but not more than Five thousand pesos (Php5,000.00)
shall be imposed.

On the third offense, in addition to a fine of [not less than] TEN [Five] thousand
pesos (PHP10,000) {(Php5,000.00) but not more than Ten thousand pesos
(Php10,000.00), the business permits and licenses to operate shall be cancelled or
revoked.

SEC. 6. If any part hereof, is held invalid or unconstitutional, the remainder of the
provision not otherwise affected shall remain valid and subsisting.


SEC. 7. Any law, presidential decree or issuance, executive order, letter of instruction,
administrative order, rule or regulation contrary to or inconsistent with, the provisions of
this Act is hereby repealed, modified or amended accordingly.

SEC. 8. This Act shall take effect fifteen (15) days after its publication in at least two (2)
newspapers of general circulation.

Approved,