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FOURTEENTH CONGRESS OF THE REPUBLIC) 
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OF THE PHILIPPINES 
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First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Civil Service Commission, the central personnel agency of the government, has 
launched several programs, which include the imposition of smoking ban for public servants, to 
ensure honesty, integrity and dedication of the government workers as well as to promote 
efficiency in the delivery of public service. 
It had been previously noted that workers who smoke are proven to be seven percent 
(7%) less productive because of the time they spend on their self-imposed cigarette breaks. For 
this reason, the Civil Service Commission reminded all smoking public servants of the existence 
of Memorandum Circular No. 30, Series of 1991 and issued a stem warning to those who would 
violate the same. Under the said Memorandum Circular, the first violation would lead to 
reprimand, while suspension could be given for the second and dismissal for the third. This 
Circular however, appears to have been ignored by smoking public servants either because 
agencies of the government did not cooperate in implementing the smoking ban or the Civil 
Service Commission itself is not too serious in implementing this policy. 
In order to put more teeth to this government policy, this bill seeks to ban public officers 
and employees from smoking within the premises during office hours. Once approved, any 
person found guilty of violating the provision of this Act shall suffer the penalty of prision 
correccional or temporary disqualification from holding public office or both at the discretion of 
the court. 
It is a recognized €act that every citizen, including smoking public servants, has the right 
to do what he pleases as long as he does not injure the right of others. Such individual right 
however, must yield to the police power of the State to protect the right to health of the people, 


both the smokers and non-smokers, and to promote efficiency and productivity in the delivery of 
public service. 
This is a Senate counterpart bill to one filed in the House of Representatives by Rep. 
Emilio C. Macias 11. 


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c r . - .  .i(* 
jl.‘ 
FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
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25 
3 -  &- 
, ~ ,  1 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
BANNING PUBLIC OFFICERS AND EMPLOYEES FROM SMOKING 
WITHIN THE WORK PREMISES DURING OFFICIAL WORK HOURS 
AND PROVIDING PENALTIES THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. SECTION 1. Short Title. - This Act shall be known as the “Public Officers 
and Employees Smoking Ban Act of 2008.” 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to 
protect the right to health of the people and to promote efficiency in the delivery of public 
service by ensuring maximum utilization of desijyated official work hours. 
SECTION 3. De$nition ofTerms. -For purposes of this Act, the term: 
(A)“Public officer or employee” means any person in the public service as defined under 
Executive order No. 292 otherwise known as the Administrative Code of 1987, which includes 
any person in the service of government or any of its agencies, divisions, subdivisions or 
instrumentalities; 
(B)“Official work hours” means the designated work hours in a day during which a 
public officer or employee performs his functions or duties and for which he expects to receive 
compensation; 
(C)“Work premises” refers to the office or work station, which includes building, 
grounds and the entire compound; and 
(D)“Smoking” means the act of carrying a lighted cigar, cigarette, cigarillo, pipes or 
other smoking paraphernalia whether or no such is being puffed, inhaled or smoked. 
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SECTION 4. Prohibited Acts; Penalties. - It shall be unlawful for any public officer or 
employee to smoke within the work premises during official work hours. 
Any public officer or employee found in violation of any provision of this Act shall 
suffer the penalty of arrest0 mayor, or temporary disqualification from holding public office, or 
both at the discretion of the court, taking into consideration all the attending circumstances. 
SECTION 5. Separability Clause. - If any part hereof, is held invalid or unconstitutional, 
the remainder of the provision not otherwise affected shall remain valid and subsisting. 
SECTION 6. Repealing Clause. - 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. 
SECTION 7. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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