Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 6485

Introduced by Congressman Alfredo D. Vargas III

EXPLANATORY NOTE

Under the 1987 Philippine Constitution, it is the policy of the State to protect and
promote the people's right to health. Furthermore, the Constitution identifies children
as one of the groups entitled to be prioritized in health development?

‘According to the World Health Organization and the Department of Health
(2009), children are more vulnerable to the dangers of second-hand smoke compared to
adults because of their small built. Also, children breathe faster than adults and thus, are
exposed to a greater amount of tobacco smoke. More studies have also associated
children’s exposure to second-hand smoke to increased risk of lung cancer in adulthood.

This bill seeks to protect children from second-hand smoke in public places and
enclosed areas by amending the Tobacco Regulation Act of 2003.

In view of the foregoing, the passage of this bill is earnestly sought.

“FREDO D. VARGAS IIL

Article I, Section 15 of the 1987 Philippine Constitution.

? Article XIll, Section 11 of the 1987 Philippine Constitution.


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL no.8485.

Introduced by Congressman Alfredo D. Vargas III

AN ACT
PROTECTING CHILDREN FROM CIGARETTE SMOKE EXPOSURE, AMENDING FOR
THE PURPOSE REPUBLIC ACT NO. 9211, OTHERWISE KNOWN AS THE TOBACCO
REGULATION ACT OF 2003, SECTIONS 6 AND 29

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

Section 1. Section 6 of Republic Act No. 9211, also known as the Tobacco
Regulation Act of 2003, on Designated Smoking and Non-Smoking Areas is hereby
amended to read as follows:

Section 6. Designated Smoking and Non-Smoking Areas. ~ In all
enclosed places that are open to the general public, private
workplaces and other places not covered under the preceding
section, where smoking may expose a person other than the
smoker to tobacco smoke the owner, proprietor, operator,
possessor, manager or administrator of such places shall establish
smoking and non-smoking areas, Such areas may include a
designated smoking area with proper ventilation, but shall not be
located within the same room that has been designated as a non-
smoking area, PROVIDED, THAT IN ALL SCHOOL-RELATED
ACTIVITIES, WHETHER WITHIN OR OUTSIDE THE SCHOOL
PREMISES AND WHETHER HELD INDOORS OR OUTDOORS,
SMOKING SHALL BE ABSOLUTELY PROHIBITED.

All designated smoking areas shall have at least one (1) legible and
visible sign posted, name “SMOKING AREA” for the information
and guidance of all concerned. In addition, the sign or notice
posted shall include a warning about the health effects of direct or
secondhand exposure to tobacco smoke. Non-Smoking areas shall
likewise have at least one (1) legible and visible sign, namely:
{NON-SMOKING—AREA”—or—“NO—SMOKING"] “SMOKING IS
ABSOLUTELY PROHIBITED IN ENCLOSED AREAS UNDER R.A.
NO. 9211.”


THESE SMOKING AND NON-SMOKING SIGNAGES SHOULD BE
MADE PART OF THE REQUIREMENTS FOR THE ISSUANCE
AND/OR RENEWAL OF THE BUSINESS PERMITS AND/OR
PERMITS TO OPERATE OF ESTABLISHMENTS, HEALTH
FACILITES OR SCHOOLS AND THE FAILURE TO COMPLY
THEREWITH IS A GROUND FOR THE DENIAL OR REVOCATION
OF SUCH PERMITS, PROVIDED, THAT FOR SCHOOLS, THESE
SIGNAGES SHOULD BE PROMINENTLY DISPLAYED WHENEVER
YOUTH ACTIVITIES ARE BEING CONDUCTED DECLATRING
THAT THE AREA IS A SMOKE-FREE ZONE.

Section 2. Section 29 of the same Act is also hereby amended to read as follows:

SECTION 29. Implementing Agency. - An Inter-Agency Committee ~
Tobacco (IAC -Tobacco), which shall have the exclusive power and
function to administer and implement the provisions of this Act, is
hereby created, The IAC-Tobacco shall be chaired by the Secretary
of the Department of HEALTH (DOH) [Trade-and-ndustey-(DTH)]
with the Secretary of the Department of TRADE AND INDUSTRY
(DT!) [HBALTH-{DOH)] as Vice Chairperson. The IAC-Tobacco
shall have the following as members:

Secretary of the Department of Agriculture (DA);

. Secretary of the Department of Justice (DO]);

Secretary of the Department of Finance (DOF);

|. Secretary of the Department of Environment and Natural
Resources (DENR);

e. Secretary of the Department of Science and Technology

(DOST);

£ Secretary of the Department of Education (DepEd);

Administrator of the National Tobacco Administration (NTA);

. A representative from the Tobacco Industry to be nominated
by the legitimate and recognized associations of the industry;
and

i. A representative from a non-government organization (NGO)

involved in public health promotion nominated by DOH in

consultation with the concerned NGOs;

pose

ra

The Department Secretaries may designate their Undersecretaries
as their authorized representatives to the IAC.

Section 3. Separability Clause. - If any provision of this Act is held invalid or
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions hereof.

Section 4. Repealing Clause. ~ All laws, decrees, orders, and issuances, or
portions thereof, which are inconsistent with the provisions of this Act, are hereby
repealed, amended or modified accordingly.


Section 5. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,