Republic of the Philippines
Bouse of Representatives
Quezon City
Eighteenth Congress
First Regular Session

HOUSE BILL NO. 29

Introduced by Rep. Jose “Bonito” C. Singson Jr.

EXPLANATORY NOTE

In light of the recommendation of the United Nation Interagency
Task Force (UNIATF) on the Prevention and Control of
Noncommunicable Diseases (NCDs) to increase the minimum age to 21
of people purchasing tobacco products, the Philippine Society of Medical
Oncologist (PMSO) called on the government to consider such
recommendation.

A 2015 Global School-Based Health Survey conducted under the
watch of the Department of Health (DOH) showed that at least 12% of
students aged 13 to 15 are smokers.

Data from the World Health Organization’s International Agency
for Research on Cancer showed that in the Philippines, there were 17,255
new cases of lung cancer reported last year. In 2018 there were 15,454
reported deaths from lung cancer.

The Centers for Disease Control and Prevention in the United States
listed smoking as the top risk factor for lung cancer.

Republic Act 6809 which amended Article 234 of Executive Order
209 otherwise known as the family code, lowered the age of emancipation
to eighteen years from the original twenty-one. However, pursuant to
Section 12 of Article XIII of the 1987 Constitution, the state shall establish
an effective food and drug regulatory system and undertake appropriate
health, manpower development, and research, responsive to the
country’s health needs and problems. Hence, this bill seeks to prohibit the
sale of tobacco products to persons below the age of 21, in line with the
UNIATF recommendation.


This bill aims to save lives, and improve the health conditions of our
youth, for as the executive is actively doing its part in its advocacy against
the harmful effects of smoking, so should the legislative, in keeping with

international standards of public health and good practices.
In view of the foregoing, approval of this bill is earnestly sought.

Cas aot s
JOSE “BONTTO” C. SINGSON JR.

Probinsyano Ako Party List


Republic of the Philippines
House of Representatives
Quezon City, Metro Manila
Eighteenth Congress
First Regular Session
HOUSE BILL NO. 6240

Introduced by Rep. Jose “Bonito” C. Singson, Jr.

AN ACT
INCREASING THE MINIMUM ALLOWABLE AGE
FOR SMOKING TO TWENTY-ONE (21) YEARS, HEREBY
AMENDING R.A. 9211 OR THE TOBACCO REGULATION ACT
OF 2003;

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

SECTION 1. The existing allowable age for smoking is eighteen
(18) years and above, as provided for by R.A. 9211; any individual
below eighteen (18) years of age is defined as a “Minor” in the Tobacco
Regulation Act of 2003 and is therefore prohibited in purchasing and
acquiring smoking products.

SECTION 2. The minimum allowable age is hereby increased to
twenty-one (21) years of age, and for purposes of this bill, shall be
referred to as the authorized age.

SECTION 3. The following provisions in R.A. 9211 shall now
read as follows:

“SECTION 3. Purpose.—It is the main thrust of this Act to:

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b. Inform the public of the health risks associated with cigarette smoking, tobacco
use, and its derivatives;

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e. Protect the youth from being initiated to cigarette smoking and tobacco use by
prohibiting the sale of tobacco products and its derivatives to miners persons below
the authorized age;


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SECTION 4, Definition of Terms.—As used in this Act:
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b. “Advertising’—refers to the business of conceptualizing, presenting, making
available and communicating to the public, through any form of mass media, any
fact, data or information about the attributes, features, quality or availability of
consumer products, services or credit.

For the purpose of this Act, advertising shalll be understood as tobacco advertising.
This shall specifically refer to any messages and images promoting smoking; the
purchase or use of cigarette, tobacco products, and its derivatives; and cigarette,
tobacco or its derivatives’ trademarks, brand names, design and manufacturer's
names;

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g. (Minor) Authorized Age — For purposes of this bill, authorized age shall be
understood as any person upon the age of twenty-one (21) years and above.

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p. “Smoking’—refers fo the act of carrying any lighted or heated cigarette, or
other tobacco products and its derivatives in whatever form, whether being
inhaled, smoked, vaped, or consumed in whatever means.

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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 twenty-one (21) years old;

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SECTION 7. Vending Machines, Self-Service Facilities —Unless the vending
machine has a mechanism for age verification, the sale or distribution of tobacco
products and its derivatives to persons below the authorized age by means of a
vending machine or any self-service facility or similar contraption or device is
prohibited, except at point-of-sale establishments.

SECTION 9. Minimum Age Sales.—Under this Act, it shall be unlawful:


a. For any retailer of tobacco products to sell or distribute tobacco products and its
derivatives to any person below the authorized age;

b. For any person to purchase cigarettes or tobacco products and its derivatives
from a person below the authorized age;

c. For persons below the authorized age to sell or buy cigarettes or any tobacco
product and its derivatives; and

d. For persons below the authorized age to smoke cigarettes or any other tobacco
products and its derivatives.

It shall not be a defense for the person selling or distributing that he/she did not
know or was not aware of the real age of the person purchasing/receiving the
product. Neither shall it be a defense that he/she did not know nor had any reason
to believe that the cigarette or any other tobacco product and its derivatives was
for the consumption of the person below the authorized age to whom it was sold.

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SECTION 10. Sale of Tobacco Products and Its Derivatives Within School
Perimeters.—The sale or distribution of tobacco products and its derivatives is
prohibited within one hundred (100) meters from any point of the perimeter of a
school, public playground or other facility frequented particularly by persons below
the authorized age.

SECTION 11. Signage—Point-of-Sale establishments offering, distributing or
selling tobacco products and its derivatives to consumers, shall post the following
statement in a clear and conspicuous manner: “SALE/DISTRIBUTION TO OR
PURCHASE BY PERSONS BELOW THE AUTHORIZED AGE OF TOBACCO.
PRODUCTS AND ITS DERIVATIVES IS UNLAWFUL" or “IT IS UNLAWFUL FOR
TOBACCO PRODUCTS AND ITS DERIVATIVES TO BE SOLD/DISTRIBUTED
TO OR PURCHASED BY PERSONS UNDER TWENTY-ONE (21) YEARS OF
AGE.”

SECTION 12. Proof of Age Verification—in case of doubt as to the age of the
buyer, retailers shall verify, by means of any valid form of photographic
identification containing the date of birth of the bearer, that no individual purchasing
a tobacco product and its derivatives is below twenty-one (21) years of age.

SECTION 13. Warnings on Cigarette Packages.—Under this Act:

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f. In addition to the health waming, all packages of tobacco products and its
derivatives that are provided to consumers shall contain, on one side panel, the
following statement in a clear, legible and conspicuous manner: “NO SALE TO


PERSONS BELOW TWENTY-ONE (21) YEARS OLD” or “NOT FOR SALE TO
PERSONS BELOW TWENTY-ONE (21) YEARS OLD.” The statement shall
occupy an area of not less than ten percent (10%) of such side panel and shall
appear in contrast by color, typography or layout with all the other printed material
on the side panel.

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SECTION 15. Restrictions on Advertising —The following restrictions shall apply
to all tobacco advertising:

a. Advertisements shall not be aimed at or particularly appeal to persons under
twenty-one (21) years of age.

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SECTION 16. Restrictions on Print Media Advertising —The following restrictions
shall apply to all print media tobacco advertisements:

a. Advertisements shall not be placed in any printed publication unless there
is a reasonable basis to believe that at least seventy-five percent (75%) of
the readers of such publication are twenty-one (21) years of age and above,
and the number of youth who read it constitutes less than ten percent (10%)
of all youth in the Philippines.

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SECTION 17. Restrictions on Outdoor Advertising —The following restrictions
shall apply to all outdoor tobacco advertisements:

a. Outdoor advertisements shall not be placed on billboards, wall murals, or
transport stops or stations which are within one hundred (100) meters from
any point of the perimeter of a school, public playground or other facility
frequented particularly by persons below twenty-one (21) years of age.

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SECTION 18. Restrictions on Advertising in Cinemas.—Tobacco advertisements
are prohibited in connection with the showing of any film where persons below
twenty-one (21) years old are permitted admission.

SECTION 20. Restrictions on Advertising in Audio, Video and Computer
Cassettes/Discs and Similar Medium.—No electronic advertisements shall be
incorporated within any video or audio cassette, videogame machine, optical disc,
or any similar medium, unless access to the item is restricted to persons twenty-
‘one (21) years of age or older. For the purpose of this Section, video game includes
any electronic amusement device that utilizes a computer, microprocessor, or


similar electronic circuitry and its own cathode ray tube, or is designed to be used
with a television set or a monitor that interacts with the user of the device.

SECTION 21. Restrictions on Advertising on the Internet and Similar Medium.—
Advertisements are prohibited on the Internet and other similar medium unless the
Internet site is restricted to persons twenty-one (21) years of age or older. A site
will be deemed restricted if a person cannot obtain access beyond the first page
of the website unless the person has established that he or she is at least twenty-
one (21) years old. This limitation applies to commercial communications and shall
not prevent the use of company Internet websites to provide information regarding
a company, its products and smoking and health related information. This Section
shall not prohibit business-to-business transactions conducted on the Intemet and
other similar medium between tobacco manufacturers, retailers, and distributors.

SECTION 23. Restrictions on Tobacco Promotions.—The following restrictions
shall apply on all tobacco promotions:

a. Promotions must be directed only to persons at least twenty-one (21) years
old age. No person below twenty-one (21) years old or who appears to be
below twenty-one (21) years old may participate in such promotions. The
participants in promotions must be required to provide proof of age.

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h. No name, logo, or other indicia of a cigarette brand or element of a brand-
related marketing activity, may appear on items that are marketed to or
likely to be used by persons below the authorized age such as, but not
limited to, sports equipment, toys, dolls, miniature replicas of racing
vehicles, video games, and food. The manufacturer or company must take
all available measures to prevent third parties from using the company’s
brand names, logos, or other proprietary material on products that are
directed toward persons below the authorized age.

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SECTION 25. Restrictions on Sponsorships.—Beginning 1 July 2006:
a. No sponsorship shall be provided for:

1) an event or activity which bears a tobacco product and its derivatives’ brand
name, unless there is reasonable basis to believe that all persons who compete,
or otherwise take an active part, in the sponsored events or activities are persons
twenty-one (21) years of age or older;

2) a team or an individual bearing a tobacco product and its derivatives’ name,
unless all persons sponsored are twenty-one (21) years of age or older, or


3) a sponsored event or activity reasonably believed to be of particular appeal to
persons under twenty-one (21) years old.

b. Tobacco brand sponsorships shall be prohibited except where there is a
reasonable basis to believe that:

1) attendance at the sponsored event or activity will comprise no less than seventy-
five percent (75%) of persons that are at least twenty-one (21) years old;

2) the sponsored event or activity will not be of particular appeal to persons under
twenty-one (21) years old;

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4) the principal activity associated with the sponsorship does not require above-
average physical fitness for someone of the age group of those taking part.

c. All persons authorized to bear tobacco product and its derivatives
advertisements, logos or brand names at sponsored events shall be af least
twenty-one (21) years old.

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SECTION 27. Restrictions on Sampling.—The distribution of samples of tobacco
products and its derivatives to persons below twenty-one (21) years old is
prohibited.

SECTION 32. Penalties —The following penalties shall apply:
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b. Violation of Sections 7, 8, 9, 10, and 11.—On the first offense, any person
or any business entity or establishment selling to, distributing or purchasing
a cigarette or any other tobacco products and its derivatives for a person
below the authorized age shall be fined the amount of not less than Five
thousand pesos (Php 5,000.00) or an imprisonment of not more than thirty
(30) days, upon the discretion of the court. For succeeding offenses, both
penalties shall apply in addition to the revocation of business licenses or
permits in the case of a business entity or establishment.

If the violation is by an establishment of business entity, the owner,
president, manager, or the most senior officers thereof shall be held liable
for the offense.

If a person under twenty-one (21) years of age is caught selling, buying or
smoking cigarettes or any other tobacco products and its derivatives, the
provisions of Article 189 of Presidential Decree No. 603 otherwise known
as The Child and Youth Welfare Code, as amended, shall apply.


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SECTION 33. Programs and Projects —For a period not exceeding five (5) years,
the National Government and the concerned departments and agencies shall
provide the following programs and projects:

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h. Withdrawal Clinics—The DOH shall establish smoking withdrawal clinics to
provide counseling regarding the hazardous health effects of tobacco/cigarette
‘smoking and to rehabilitate smokers from the hazardous effects of such products.

If a smoker below the authorized age voluntarily submits himself for treatment,
counseling, or rehabilitation in a smoking withdrawal clinic located in any medical
institution in the Philippines, or through his parent/guardian, the expenses incurred
shall be a reimbursable outpatient service of the Philippine Health Insurance

Corporation.

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SECTION 4. Repealing Clause - All other laws, decrees, ordinances,
administrative orders, rules and regulations, or any part thereof,
which are inconsistent with this Act are hereby repealed or amended
accordingly.

SECTION 5. Separability Clause - Should any provision of this Act
be subsequently declared unconstitutional, the other provisions not so
declared shall remain in full force and effect.

SECTION 6. Effectivity - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette and at least two (2)
newspapers of national circulation.

Approved,