THIRTEENTH CONGRESS OF TKE REPUBLIC) 
OF THE PHILIPPMES 
1 
First Regular Session 
1 
'04 JUL -1 
A9038 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution provides that: 
Article 2, Section 15. The State shall protect and promote the right to 
health of the people and instill health consciousness among them. 
Article 13, Section ' 11. 
The State shall adopt an integrated and' 
comprehensive approach to health development -xxx- There shall be 
priority for the needs of the underprivileged sick, elderly, disabled, 
women, and children. 
Studies show that exposure to secondhand tobacco smokes increases a person's chance of 
Children are especially susceptible to the harmful effects of 
contracting respiratory ailments. 
secondhand smoke, because they are powerless to avoid exposure to it 
Although there have been various attempts at enforcing a smoking ban in public areas, 
these efforts have failed dismally. The purpose of this Act is to lessen, if not totally eliminate, 
children's exposure to cigarette smoke in public places that offer services for children, by 
providing eligibility requirements for persons providing children's services that request financial 
assistance from the government. 
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THIRTEENTH CONGRESS OF THE REPUBLIC) 
1 
’04 
JUL -1 
M O  :14 
OF THE PHILIPPINES 
First Regular Session 
1 
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Introduced by Senator Mlriam Defensor Santiago 
A BILL 
TO PROTECT CHILDREN FROM EXPOSURE TO ENVIRONMENTAL TOBACCO 
SMOKE IN THE PROVISION OF CHILDREN’S SERVICE§ 
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Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congess assenibled 
SECTION 1. Short Title. - This Act shall be known as the “Preventing Our Kids From 
Inhaling Deadly Smoke (PRO-KIDS) Act of 1998.” 
SECTION 2. Dejinitions. - As used in this Act, the terms: 
(1) “Children” means individuals who have not attained the age of 6, 
(2) “Children’s services” means: 
(A) direct health services routinely provided to children; or 
(B) any other direct services routinely provided primarily to children. 
SECTION 3. Prohibition of Government Funding or Financial Assistance. - (a) IN 
GENERAL - Notwithstanding any other provision of law, no government hnds or financial 
assistance may be provided to, or used by, any person with respect to the provision of children’s 
services by such person, unless such person establishes and makes a good-faith effort to enforce 
a nonsmoking policy that meets or exceeds the requirements of subsection (b). 
(b) NONSMOKING POLICY - A nonsmoking policy meets the requirements of this subsection 
if such policy prohibits smoking in each portion of an indoor facility used in connection with the 
provision of children’s services, and, where appropriate, such policy requires that signs reading 
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“No Smoking” be posted in each such facility to communicate the policy. 
allow smoking in those portions of the facility: 
Such policy may 
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(1) in which such services are not normally provided directly to children; and 
(2) that are ventilated separately from those portions of the facility in which such services 
are normally provided directly to children. 
(c) WAIVER - A person described in subsection (a) may publicly petition the government 
agency from which the person receives government finds or financial assistance for a waiver of 
the requirements of subsection (b). A waiver may be granted, after an opportunity for public 
hearing and comment, only if the person provides assurances satisfactory to the government 
agency that: 
(l)(A) unusual extenuating circumstances prevent the person from establishing or 
enforcing the nonsmoking policy described in subsection (b) (such as the person shares space in 
an indoor facility with another person and cannot obtain an agreement with the other person to 
abide by the nonsmoking policy described in subsection (b); and 
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(B)-the 
person wiil establish and make a good-faith effort to enforce an alternative 
nonsmoking policy that will protect children from exposure to environmental tobacco smoke to 
the maximum’extent possible; or 
(2) the person will establish and make a good-faith effort to enforce an alternative 
nonsmoking policy that will protect children from exposure to environmental tobacco smoke to 
the same degree as the policy described in subsection (b). 
(d) TECHNICAL ASSISTANCE .- The Secretary of Health ( or a designee of the .Secretary) 
shall provide technical assistance to government agencies and other persons who request such 
assistance, including: 
(1) information on smoking cessation programs for employees; and 
(2) information to assist such agencies and persons in complying with this Act. 
SECTION 4. Separability Clazise. - If any provision, or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision shall remain valid and subsisting. 


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SECTION 5. 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 6 
Effectivrty Clause - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation 
Approved. 
FN: 1212