Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Second Regular Session

5630

HOUSE BILL NO.

Introduced by HON. ROY V, SENERES

EXPLANATORY NOTE

The Philippines has a solemn obligation to protect and promote the right to
health, which is intimately linked with the self-preservation and self-perpetuation of
the Filipino people. Article II, Section 15 of the 1987 Philippine Constitution
mandates that the State “shall protect and promote the right to health of the people
and instill health consciousness among them.

In the Philippines, at least eighty seven thousand six hundred (87,600)
Filipinos die every year from tobacco-related diseases, or approximately two hundred
forty (240) deaths every day.’ In 2009, the Philippines was revealed to have one of
the highest smoking populations in the world, ranking 9" for males and 16" for
females.’ These figures underscore the urgent need to adopt and implement more
effective measures to curb tobacco consumption.

AS a State Party to the World Health Organization Framework Convention on
Tobacco Control ("WHO FCTC”), the world’s first public health treaty which aims to
address the global tobacco epidemic and to provide protection to the world’s
population against the health hazards tobacco use and tobacco smoke, the
Philippines has an international obligation to uphold the principles contained therein.

Protection against tobacco industry interference? is an _ indispensable
requirement to the realization of all provisions of the WHO FCTC. This is premised on
the principle that there is a fundamental and irreconcilable conflict between the
tobacco industry's interests and public health policy interests.*Recognizing the need
to counter the tobacco industry's efforts to undermine tobacco control*and to inform
the public of the tobacco industry's efforts to undermine tobacco control
measures, Article 5.3 of the FCTC states that “[i]n setting and implementing their
public health policies with respect to tobacco control, Parties shall act to protect
these policies from commercial and other vested interests of the tobacco industry in
accordance with national law." Article 5.3 is grounded in extensive evidence showing
that the tobacco industry has been subverting tobacco control measures on a global

* Department of Health National Tobacco Control Coordinating Office, data available at <hitpii/www.beat
tobacco,phinational-tobacco-control-steategy/introduction/>Last aveessed on 14 January 2014; see also
Quimbo $1, Casorla AA, Miguel-Baquilod M, Medalla 1M, Xu X, Chaloupka FJ. (2012), The Econonics of
Tobacco and Lobscco Taxation in the Philippines, Paris: Intemational Union Against Tuberculosis and Lung
Disease.

2 American Cancer Society (2008); The Tobacco Atlas, 3rd ed, 29-25

"Tobacco industry interference” refers to the broad array of tacties utilized by the tobacco industry to
interfere with or influence public health measures related to tobacco control in order to promote its interests
‘Guidelines for implementation of Article 530f the WHO Framework Convention on Tobacco Control
(FETC Guidelines”), Conference of the Parties, Decision WHO FCTC/COP2(4), available at
chitp://www.wha.int/WHO BCTC/guidelines/adoptecl/guidel_2011/ery>

WHO FCTC, Preamble.
© World Health Assembly (“WHA”) Resolution WHAS4.18, citing the findings of the Committee of Experts
on Tobacco Industry Documents; WHO, TOBACCO COMPANY STRATEGIES TO INDERMINE TOBACCO CONTROL
ACTIVES Av Hitt WHO (Tuly 2000).



scale.’The tobacco industry has vast accesses to resources and employs
sophisticated techniques to impede tobacco contro! measures.*

Republic Act No. 9211 or the Tobacco Regulation Act of 2003 (“RA 9211”), the
first comprehensive law on tobacco control in the Philippines, became effective in
2003, two years before the FCTC came into force. The main policy areas of RA 9211
are: (a) smoke-free environment, (b) sale to minors, (c) health warnings, and (d)
advertising, promotions, and sponsorships. RA 9211 created the Inter-Agency
Committee-Tobacco ("IACT”) to implement the provisions of the Act. Significantly,
Section 29 (g) of RA 9211 provides that a “representative from the Tobacco Industry
to be nominated by the legitimate and recognized associations of the industry” be
among the members of the IACT. The representation of tobacco industry interests in
a regulatory body mandated to implement, enforce, and monitor the implementation
of a tobacco control measure isin contravention of Article 5.3 of the WHO FCTC.
Notably, RA 9211 does not contain any provision addressing tobacco industry
interference nor does it contain any safeguards for its member agencies and
organizations to be protected from tobacco industry tactics. RA 9211 established the
TACT to implement the provisions of the Act.

There is a gap in the implementation of the Philippines’ obligation to
implement Article 5.3 of the WHOFCTC as a result of the composition of the IACT
under RA 9211. Considering the vast range of forms that tobacco industry
interference may take, it is necessary to alter the composition of the IACT under RA
9211 so as to eliminate the main venue by which the tobacco industry is able to
exert its commercial and vested interests through its participation in the
government's administration and implementation of tobacco control measures.

As a State Party to the FCTC, the Philippines is internationally bound to
comply with its treaty obligations in good faith and to show patitical commitment not

? WHASA.18,

* Briefing Paper: Implementing Article 53, from the Second Session of the Conference of the Parties to the
WHO FCTC, available at <http:ivww.WHO FCTCong/images/stories/2007/fea-2007-cop-articleS-3-cop2-
briefing-en-pdP, last accessed 10 August 2014

*Secretary of Justice vs. Hon. Ralph C. Lantion, supra; Vienna Convention on the Law of Treaties,
Section 26


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS.
Second Regular Session

5630

HOUSE BILL NO.

Introduced by HON, ROY V. SENERES

AN ACT
ACT STRENGTHENING THE INTER-AGENCY COMMITTEE-TOBACCO (IAC-
TOBACCO) TO ENSURE COMPLIANCE WITH ARTICLE 5.3 OF THE WORLD
HEALTH ORGANIZATION FRAME WORK CONVENTION ON TOBACCO
CONTROL (WHO FCTC) THEREBY AMENDING FOR THIS PURPOSE SECTIONS
2, 4, 29, 31, 32, 36 AND 39 OF REPUBLIC ACT 9211, OTHERWISE KNOWN AS
THE TOBACCO REGULATION ACT OF 2003

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

SEC. 1, Section 2 of Republic Act 9211, otherwise known as the Tobacco
Regulation Act of 2003, is hereby amended to read as follows:

SECTION 2. Policy.—It is the policy of the State to protect the
Populace from hazardous products and promote the right to health
and instill health consciousness among them. [It is also the policy of
the State, consistent with the Constitutional ideal to promote the
general welfare, to safeguard the interests of the workers and other
stakeholders in the tobacco industry.] For these purposes, the
government shall institute a [balanced] policy whereby the use, sale
and advertisements of tobacco products shall be regulated in order
to promote a healthful environment and protect the citizens from the
hazards of tobacco smoke[, and at the same time ensure that the
interests of tobacco farmers, growers, workers and stakeholders are
not adversely compromised].

SEC. 2. Section 4 of the same Act is hereby amended by inserting new
paragraphs to read as follows and the same are hereby renumbered accordingly

“Section 4. Definition of Terms - As used in this Act:
Xxx

(V) “TOBACCO INDUSTRY” - REFERS TO ORGANIZATIONS,
ENTITIES, ASSOCIATIONS, AND INDIVIDUALS THAT WORK FOR
AND IN BEHALF OF THE TOBACCO INDUSTRY, SUCH AS BUT NOT
UIMITED TO — TOBACCO MANUFACTURERS, | WHOLESALE
DISTRIBUTORS, IMPORTERS OF TOBACCO PRODUCTS, TOBACCO
RETAILERS, FRONT GROUPS AND/OR ORGANIZATIONS, INCLUDING
BUT NOT LIMITED TO LAWYERS, SCIENTISTS AND LOBBYISTS WHO
WORK TO FURTHER THE INTERESTS OF THE TOBACCO INDUSTRY;
AND

(W)_“UNECESSARY INTERACTIONS” - REFERS TO ALL
INTERACTIONS WITH THE TOBACCO INDUSTRY THAT IS NOT
STRICTLY NECESSARY FOR THE LATTER'S EFFECTIVE REGULATION,
SUPERVISION AND CONTROL.”


SEC. 3. Section 29 of the same Act is hereby further amended to delete
paragraph h to read as follows:

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

a. Secretary of the Department of Agriculture (DA);
b. Secretary of the Department of Justice (DOJ);
©. Secretary of the Department of Finance (DOF);

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

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

f. Secretary of the [Department of Education (DepEd)] DEPARTMENT OF
TRADE AND INDUSTRY (DTI); AND;

[g. Administrator of the national Tobacco Administration (NTA);]

[h. A representative from the Tobacco Industry to be nominated
by the legitimate and recognized associations of the industry; and]

[i] G. ONE (1) representative EACH from [a] AT LEAST THREE (3)
Rongovernment organizationS (NGOS) involved in public health
promotion, WITHOUT ECONOMIC AND/OR FIDUCIARY TIES TO THE
TOBACCO INDUSTRY, OR DO NOT KNOWINGLY REPRESENT OR
RECEIVE PAYMENT FROM ANY TOBACCO PRODUCT
MANUFACTURER OR WHOLESALER, OR ANY PARENT, AFFILIATE
OR SUBSIDIARY OF A TOBACCO PRODUCT MANUFACTURER OR
WHOLESALER, OR ANY PERSON, INTEREST GROUP, ADVOCACY
ORGANIZATION, LAW FIRM, ADVERTISING AGENCY, OR OTHER
BUSINESS OR ORGANIZATION THAT REPRESENTS THE INTERESTS
OF THE TOBACCO INDUSTRY, nominated by DOH in consultation
with the concerned NGOs.”

THE DEPARTMENT SECRETARIES SHALL DESIGNATE THEIR
RESPECTIVE AUTHORIZED PERMANENT REPRESENTATIVE TO THE
TAC-TOBACCO CONTROL; = PROVIDED, SAID PERMANENT
REPRESENTATIVE SHALL HAVE A RANK NOT LOWER THAN ASSISTANT
SECRETARY.

THE DEPARTMENT SECRETARIES SHALL DESIGNATE THEIR
RESPECTIVE AUTHORIZED PERMANENT REPRESENTATIVE TO THE
IAC-TOBACCO CONTROL; ~— PROVIDED, SAID. PERMANENT
REPRESENTATIVE SHALL HAVE A RANK NOT LOWER THAN ASSISTANT
SECRETARY.

IN ORDER TO FACILITATE COORDINATION AMONG MEMBERS OF THE
TAC-TOBACCO CONTROL, THE DEPARTMENT OF HEALTH AS THE LEAD
AGENCY SHALL PROVIDE THE SECRETARIAT. THE SECRETARIAT
SHALL ACT AS THE COORDINATING BODY OF THE IAC-TOBACCO
CONTROL AND SHALL PROVIDE THE FOLLOWING FUNCTIONS SUCH
AS, BUT NOT LIMITED TO, SETTING OF MEETINGS, MANAGING OF
IMPORTANT LOGISTICS AND CIRCULATION OF INFORMATION AND
DOCUMENTS AMONG MEMBERS.


SEC. 4. A new provision is hereby inserted to be denominated as Section 29-
A to read as follows:

SECTION 29-A. PROTECTION OF THE IAC-T FROM TOBACCO
INDUSTRY INTERFERENCE. -ALL MEMBERS OF THE IAC-T ARE
PROHIBITED FROM INTERACTING WITH THE TOBACCO INDUSTRY,
EXCEPT WHEN STRICTLY NECESSARY FOR ITS EFFECTIVE
REGULATION, SUPERVISION AND CONTROL, ANY NECESSARY
INTERACTION MUST BE CONDUCTED PUBLICLY AND TRANSPARENTLY,
AND EFFORTS MUST BE TAKEN TO PREVENT OR CORRECT ANY
PERCEPTION OF PARTNERSHIP WITH THE TOBACCO INDUSTRY.

ALL MEMBERS OF THE IAC-T ARE STRICTLY PROHIBITED FROM
ACCORDING PREFERENTIAL TREATMENT TO THE TOBACCO
INDUSTRY; SOLICITING OR ACCEPTING ANY GIFT, GRATUITY, FAVOR,
ENTERTAINMENT OR ANYTHING OF MONETARY VALUE FROM THE
TOBACCO INDUSTRY; FAILING TO DISCLOSE, RETAINING, AND/OR
ACQUIRING ANY FINANCIAL OR MATERIAL INTEREST IN, OR OTHER
POTENTIAL SOURCE OF CONFLICT OF INTEREST WITH THE TOBACCO
INDUSTRY; AND ACCEPTING ANALOGOUS FAVORS FROM THE
TOBACCO INDUSTRY.

SEC. 5. Section 31 of the same Act is hereby further amended by inserting a
new paragraph to read as follows:

SECTION 31. Compliance Monitoring.—Not later than one (1) year
after the date of the effectivity of this Act, and annually thereafter, the
IAC-Tobacco CONTROL shall submit to the President of the Philippines
and to both Houses of Congress a Compliance Monitoring Report on
the compliance of the manufacturers on all applicable laws and
ordinances with respect to the manufacture and distribution of tobacco
products.

The report shall contain pertinent information on the methods, goals
and implementation program of said manufacturers with respect to the
requirements of this Act.

A SEPARATE REPORT SHALL BE SUBMITTED BY THE MEMBERS OF
THE IAC-TOBACCO CONTROL ENUMERATING THE MEASURES
ESTABLISHED TO LIMIT INTERACTIONS WITH THE TOBACCO
INDUSTRY AND ENSURE THE TRANSPARENCY OF THOSE
INTERACTIONS THAT OCCUR, AS WELL AS POLICIES IMPLEMENTED
TO PROTECT THEIR AGENCIES FROM TOBACCO INDUSTRY
INTERFERENCE.

SEC. 6. Section 32 of the same Act is hereby further amended by inserting a
new paragraph to read as follows:

“SECTION 32. Penalties.—The following penalties shall apply:
XXX

D. VIOLATION OF SECTIONS 29-A. - IF THE OFFENDER IS A PUBLIC
OFFICIAL, HE SHALL BE SUBJECT TO ADMINISTRATIVE DISCIPLINARY
ACTION PURSUANT TO RULE XIV (DISCIPLINE) OF THE OMNIBUS
RULES IMPLEMENTING BOOK V OF EO 292, AS MAY BE AMENDED,
MODIFIED, CHANGED, ADDED TO, DELETED FROM, OR SUPERSEDED
BY THE ENACTMENT OF ANY NEW LAW, WITHOUT PREJUDICE TO THE
CRIMINAL AND/OR CIVIL ACTIONS UNDER EXISTING LAWS, RULES,
AND REGULATIONS.


SEC. 7. A new provision is hereby inserted to be denominated as Section 36-
A to read as follows:

SECTION 36-A. CITIZEN SUITS. - FOR PURPOSES OF ENFORCING THE
PROVISIONS OF THIS ACT OR ITS IMPLEMENTING RULES AND
REGULATIONS, ANY CITIZEN MAY FILE AN APPROPRIATE CIVIL,
CRIMINAL OR ADMINISTRATIVE ACTION IN THE PROPER COURTS OR
ADMINISTRATIVE BODY AGAINST ANY PUBLIC OFFICER WHO
WILLFULLY OR GROSSLY NEGLECTS THE PERFORMANCE OF AN ACT
SPECIFICALLY ENJOINED AS A DUTY BY THIS ACT, ITS
IMPLEMENTING RULES AND REGULATIONS, INCLUDING THE
TEMPLATE, GUIDELINES, OR OTHER REGULATIONS; OR ABUSES HIS
AUTHORITY IN THE PERFORMANCE OF HIS DUTY; OR, IN ANY
MANNER, IMPROPERLY PERFORMS HIS DUTIES UNDER THIS ACT OR
ITS IMPLEMENTING RULES AND REGULATIONS.

THE ADMINISTRATIVE, CIVIL AND CRIMINAL ACTIONS ALLOWED
UNDER THIS SECTION SHALL BE CUMULATIVE AND CUMULATIVE
AND SHALL NOT PRECLUDE ANY OTHER PERSON FROM FILING A
SIMILAR ACTION.

THE COURT SHALL EXEMPT SUCH ACTION FROM THE PAYMENT OF
FILING FEES AND STATEMENTS LIKEWISE, UPON PRIMA FACIE
SHOWING OF THE NON-ENFORCEMENT OR VIOLATION COMPLAINED
OF, EXEMPT THE PLAINTIFF FROM THE FILING OF AN INJUNCTION
BOND FOR THE ISSUANCE OF PRELIMINARY INJUNCTION. IN THE
EVENT THAT THE CITIZEN SHOULD PREVAIL, THE COURT SHALL
AWARD REASONABLE ATTORNEY'S FEES, MORAL DAMAGES AND.
LITIGATION COSTS AS APPROPRIATE

SEC. 8. Repealing Clause. - All laws, decrees, presidential proclamations,
executive orders, rules and regulations or parts thereof inconsistent herewith, are
hereby repealed or modified accordingly.

SEC. 9. Separability Clause. - If any provision of this Act is held invalid or
declared unconstitutional, the other provisions which are not affected thereby shall
remain valid and subsisting.

SEC, 10. Effectivity. - This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in two (2) newspapers of general
circulation, whichever comes first.

Approved,