Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

1402

House Bill No.

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

EXPLANATORY NOTE

Under the 1987 Philippine Constitution, it is the policy of the State to pri
and promote the people's right to health,’ Furthermore. the Constitution identi
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.

RPf.ALFRED Dy,
Fifth Dis

ARGAS



Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No, 1402

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

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 Semate 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, ~ (n 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, 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
nonsmoking area, PROVIDED, THAT IN ALL SCHOOL-RELATED
ACTIVI 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 t© tobacco smoke. Non-Smoking areas shall
likewise have at least one (1) legible and visible sign. namely:
[ NON-SMOKING--ARSA!-of "NO_S_M_O1(IN G" ] "SMOKING IS



ABSOLUTELY PROHIBITED IN ENCLOSED AREAS UNDER R.A.
NO, 9211."

THI

SMOKING AND NON-SMOKING SIGNAGI

S SHOULD BE MADE

PART OF THE REQUIREMENTS FOR THE ISSUANCE AND/OR
TO

RENEWAL OF TH
OPERATE OF

SCHOOLS AND TH
GROUND FOR. TH
PROVIDE!
PROMINE
BEING
ZONE,

BUSINESS PERMITS AND/OR PERMI
TABLISHMENTS, I LTH FACILIT!
FAILURE TO COMPLY THEREWITH
2 DENIAL OR REVOCATION OF SUCH PER
. THAT FOR SCHOOLS, THESE SIGNAG SHOULD
Y DISPLAYED WI YOUTH ACTIVE
CONDUCTED DECLATRING THAT THE AREA IS A SMOKE-FREE

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
Industry_(P Hy] with the Secretary of the Department of TRADE
AND INDUSTRY (DTI) [HEALTH (DOE)] as Vice
Chairperson. The IAC-Tobacco shall have the following as
members.

a. Sceretary of the Department of Agriculture (DA):
b. Secretary of the Department of Justice (DOj):
c. Secretary of the Department of Finance (DOF):
d. Secretary of the Department of Environment and
Natural
Resources (DENR):
e. Secretary of the Department of Science and
Technology
(DOST):
f, Secretary of the Department of Education (DepEd);
. Administrator of the National Tobacco Administration (NTA):
h. 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:


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

Section 3, Separability Clause. - \f 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. - Ali 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, Effeetivity Clause. — This Act shall take effect fifteen (15) day
after its publication in. the Official Gazere or in two (2) newspapers of general

circulation.

Approved.