Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
‘Second Regular Session

HOUSE BILL NO Ses

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT TO PROTECT CHILDREN FROM EXPOSURE TO ENVIRONMENTAL
TOBACCO SMOKE IN THE PROVISION OF CHILDREN’S SERVICES

The Constitution provides that:

Article II, Section 15. The State shall protect and promote the right
to health of the people and instill health consciousness among them.

Article XIll, 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 contracting respiratory ailments. Children are especially susceptible to the
harmful effects of 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 bill 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.

Luis wep JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. este

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT TO PROTECT CHILDREN FROM EXPOSURE TO ENVIRONMENTAL
TOBACCO SMOKE IN THE PROVISION OF CHILDREN’S SERVICES

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

SECTION 1. Short Title. — This Act shall be known as the “Preventing Our Kids From
Inhaling Deadly Smoke (PRO-KIDS) Act.”

SECTION 2. Definitions. —As used in this Act, the term:
(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 funds 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 paragraph (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 “No Smoking” be posted in each such facility to communicate the
policy. Such policy may allow smoking in those portions of the facility:

(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 paragraph (A) may publicly petition the government
agency from which the person receives government funds or financial assistance for a
waiver of the requirements of paragraph (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:
(1) Unusual extenuating circumstances prevent the person from establishing or enforcing
the nonsmoking policy described in paragraph (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 paragraph (B); and 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 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 his duly authorized agent 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 Clause. - If any provision, or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision shall remain valid and
subsisting.

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. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved.