Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS:
First Regular Session

HOUSE BILL NO. *°~*_ 2602

Introduced by HONORABLE RESURRECCION MARRERO-ACOP, MD

EXPLANATORY NOTE

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.'According to
the Global Adult Tobacco Survey (GATS), 23.8% overall (16.6 million
adults from the entire Filipino population) or 41.9% of men and 5.8%
of women currently use tobacco.? 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.

A landmark study on the economics of tobacco control, Curbing
the Epidemic: Governments and the Economics of Tobacco Control
(CTE), was published by the World Bank in 1999 and it concluded
that tobacco control brings unprecedented health benefits without
harming economies - threatening the transnational tobacco
companies’ ability to use economic arguments to dissuade
governments from enacting tobacco control policies and supporting
the WHO Framework Convention on Tobacco Control (FCTC)*.

"Department of Health National Tobacco Control Coordinating Office, data available at <hitpi//www. beat-obacco. ph/national-

tobacco-control-strategy/introduction/>Last accessed on 19 July 2019; see also Quimbo SLA, Casoria AA, Miguel-Baquilod M,

‘Medalla FM, Xu X, Chaloupka FJ. (2012), The Economics of Tobacco and Tobacco Taxation in the Philippines, Paris: International
‘uberculosis and Lung,

Disease.
“Global "Adult Tobacco Survey (GATS, Peitppion Fact Seat 2015

‘{iituds HM Hammond Rad Glan, S208, Tobsoco industry atcmpeso coon the Weld Bank report
epidemic and obstruct the WHO framework convention on tobacco control. Socal science & medicine, 67(11), pp.1650-1699.
(Abstract)


Protection against tobacco industry  interferencetis 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 andpublic health policy interests.> Recognizing
the need to counter thetobacco 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 “iJn 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 scale.* The
tobacco industry has vast accesses to resources and employs
sophisticated techniques to impede tobacco control 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 ("IAC-Tobacco") 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 IAC-Tobacco. The representation of tobacco
industry interests in a regulatory body mandated to implement,
enforce, and monitor the implementation of a tobacco control
measure contravenes Article 5.3 of the WHO FCTC. Notably, RA 9211
does not contain any provision prohibiting and/or preventing tobacco
industry interference with public health policies, nor does it contain
any safeguards for its member agencies and organizations to be
protected from tobacco industry tactics. Hence, RA 9211, which
specifically created the IAC-T to implement the provisions of the law,
must be urgently amended.

There is a gap in the implementation of the Philippines’
obligation to implement Article 5.3 of the WHO FCTC as a result of
the composition of the IAC-Tobacco under RA 9211. Considering the
vast range of forms that tobacco industry interference may take, it is
necessary to alter the composition of the IAC-T under RA 9211 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

“Tobacco industry interference refers to the broad array of tactics utilized by the tobacco industry to interfere with or influence public
Ihealth measures related to tobacco control in order to promote its interests.

Guidelines for implementation of Article 5.3... of the WHO Framework Convention on Tobacco Control ("FCT Guidelines”),
Conference of the Parties, Decision WHO —FCTC/COP2(14), available at <http//www.who.int/WHO.
FCTC/guidelines/adopted/guide!201 Ven/>.

“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 UNDERMINE TOBACCO CONTROL ACTIVITIES AT THE
‘WHO Gluly 2000).

“WHASA.18.


control measures.®

In the decades since the release of the 1999 World Bank CTE
report, tobacco companies’ activities against CTE illustrate the extent
to which transnational corporations in the global political economy
will go to engage international political and legal processes perceived
to be a threat to the realization of their economic motive of profit
maximization. These activities illustrate the tobacco industry’s efforts
to manipulate science and undermine research whose conclusions do
not favor the industry! - a likely scenario liable to play out if its
membership were to be allowed to persist in the IAC-Tobacco.Hence,
the immediate approval of this bill requiring the removal of the
tobacco industry in the IAC-Tobacco is earnestly sought

pee." On reece, MD

Representative
2n4 District, Antipolo City

Briefing Paper: Implementing Article 5.3, from the Second Session of the Conference of the Parties to the WHO FCTC, available at
-<hitp:/www. WHO FCTC org/images/stories/2007/fca-2007-cop-articleS-3- cop2-briefing-en.pdf>, last accessed 19 July 2019.
'°Mamudu, H.M., Hammond, R. and Glantz, S., 2008 Ibid


Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. zb02

Introduced by HONORABLE RESURRECCION MARRERO-ACOP, MD

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

Beit enacted by the Senate and the House of Representatives
ofthePhilippines in Congressassembled:

SECTION 1. Section 2 of Republic Act No. 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. |t-is-alse the policy-of the State,

industry.For these purposes, the government shall institute a
balancedpolicy 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


SECTION 2. Section 4 of the same Act is hereby amended by inserting new
paragraphs toread as follows and the same are hereby renumbered accordingly:

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

XXX

(U) "TOBACCO INDUSTRY" - REFERS TO ORGANIZATIONS,ENTITIES,
ASSOCIATIONS, AND INDIVIDUALS THAT WORKFOR AND IN BEHALF OF
THE TOBACCO INDUSTRY, SUCH ASBUT NOT LIMITED TO TOBACCO
MANUFACTURERS, WHOLESALE DISTRIBUTORS, IMPORTERS OF
TOBACCOPRODUCTS, TOBACCO RETAILERS, FRONT GROUPS.
AND/ORORGANIZATIONS, INCLUDING BUT NOT LIMITED TO LAWYERS,
SCIENTISTS AND LOBBYISTS WHO WORK TO FURTHER THE INTERESTS
OF THE TOBACCO INDUSTRY; AND

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

(W) u. "Warning’ - refers to the notice printed on the tobacco product or its
container and/or displayed in print or alert in broadcast or electronic media
including outdoor advertising and which shall bear information on the hazard

of tobacco use;

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

SECTION 29. Implementing Agency. An Inter-Agency Committee-TobaccofAC-
Tebacco)(I-ACT), which shall have the exclusive power and function to
administer and implement the provisions of this Act, is hereby created. The
IAC-Tobaceol-ACTshall be chaired by the Secretary of the DEPARTMENT OF
HEALTH (DOH) with the Secretary of the DEPARTMENT OF EDUCATION


(DEPED) as Vice Chairperson. The IAC-Tebaceol-ACT 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 TRADE AND INDUSTRY (DTI); AND;

g. ONE (1) representative EACH from AT LEAST THREE (3) nongovernment
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 THEIRRESPECTIVE
AUTHORIZED PERMANENT REPRESENTATIVE TO THE IAC-T CONTROL;
PROVIDED, SAID PERMANENT REPRESENTATIVE SHALL HAVE A RANK
NOT LOWER THANASSISTANT SECRETARY.

IN ORDER TO FACILITATE COORDINATION AMONG MEMBERSOF THE IAC-
T, THE DEPARTMENT OF HEALTH AS THE LEAD AGENCY SHALL PROVIDE
THE SECRETARIAT. THE SECRETARIAT SHALL ACT AS THECOORDINATING
BODY OF THE IAC-T 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.

SECTION 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
TOBACCOINDUSTRY 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.

SECTION 5. Section 31 of the same Act is hereby further amended 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, thelAC-Tobaccol-
ACT 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 tothe
requirements of this Act.

A SEPARATE REPORT SHALL BE SUBMITTED BY THE MEMBERS OF THE
IAC-T 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.

SECTION 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:

x!

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 OFANY NEW LAW, WITHOUT PREJUDICE TO THE CRIMINAL
AND/OR CIVIL ACTIONS UNDER EXISTING LAWS, RULES, AND
REGULATIONS.

SECTION 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 GROSSLYNEGLECTS 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 AND SHALL NOT PRECLUDE ANY
OTHERPERSON 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 PREY AIL, THE COURT SHALL AWARD REASONABLE
ATTORNEY'S FEES, MORAL DAMAGESAND LITIGATION COSTS AS
APPROPRIATE.

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

SECTION 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.

SECTION 10.£ffectivity. - 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,