FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN~Fo5 
S.No. ___ _ 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The rationale for smoke-free laws is to protect people from the effects of second-
hand smoke, which include an increased risk of heart disease, cancer, emphysema, and 
other diseases. Laws implementing bans on indoor smoking have been introduced by 
many countries in various fonus over the years,' with some legislators citing scientific 
evidence that shows tobacco smoking is hanuful to the smokers themselves and to those 
inhaling second-hand smoke. 
The World Health Organization considers smoke-free laws to have an influence to 
reduce demand for tobacco by creating an environment where smoking becomes 
increasingly more difficult and to help shift social nonus away from the acceptance of 
smoking in everyday life. Along with tax measures, cessation measures, and education, 
smoking ban policy is currently viewed as an important element in lowering smoking 
rates and promoting public health. When correctly and strictly implemented it is seen as 
one important policy agenda goal to change human behavior away from unhealthy 
behavior and towards a healthy lifestyle. 
In the United States, prisons have increasingly been banning tobacco smoking 
some states with smoke-free prison policies only ban indoor smoking whereas others ban 
smoking. on the entire prison grounds. In a sense the prison authorities in enforcing the 
ban are doing the prisoners a great big favor. Many people need a little bit of 
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encouragement to quit and what better way than to be locked up in a place where it is just 
impossible to get cigarettes. 
The proposed bill seeks to prohibit smoking of cigarette and tobacco products 
inside the prison and jail systems in the Philippines.! 
I This bill was originally filed in the third regular session of the 14'h Congress. 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
Ht 
AUG -2 .1\9 :3B 
SENATE 
S. N~. 2205 
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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PROHIBITTING THE SMOKING OF CIGARETTE AND TOBACCO PRODUCTS IN 
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THE JAIL AND PRISON SYSTEMS IN THE PHILIPPINES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Title. - This Act shall be known as the "Prison Smoking Ban Act. " 
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SECTION 2. Prohibition. - The Director of the Bureau of Prisons and the 
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Director of the Bureau of Jail and Penology shall prohibited the possession and smoking 
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of tobacco and cigarette products of all prisoners and inmates in their custody witllin all 
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jail and prison facilities under their control and supervision. 
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SECTION 3. Ban on Smoking. - The Director of the Bureau of Prisons and the 
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Director of the Bureau of Jail and Penology shall also prohibit the use of Tobacco and 
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Cigarette Products of all its employees and visitors within the facilities under their 
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control and supervision. 
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SECTION 4. Imposition of Fines. - To implement this Act, the Director of the 
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Bureau of Prisons and the Director of the Bureau of Jail and Penology may impose fines 
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to ensure yompliance with this Act. 
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. SECTION 5. Penalties. - Failure ofthc Director of the Bureau of Prisons and the 
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Director of the Bureau of Jail and Penology to enforce the provisions of this Act within a 
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period of three months from its enactment shall result to their suspension for a period of 
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one year without pay. 
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• 
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SECTION 10. Separability Clause. - If any provision or part thereof, is held 
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invalid or unconstitutional, the remainder of the law or the provision not othenvise 
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affected shall remain valid and sUbsisting. 
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SECTION 11. Repealing Clause. - Any law, presidential decree or issuance, 
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executive order, letter of instruction, administrative order, rule or regulation contrary to, 
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or inconsistent with the provisions of this Act is hereby repealed, modified or amended 
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accordingly. 
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SECTION 12. Effectivity Clause. - This Act shall take effect fifteen (15) days 
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after its publication in at least two (2) newspapers of general circulation. 
Approved. 
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