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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

SIXTEENTH CONGRESS
First Regular Session

House BiLLNo.__1528

INTRODUCED BY HON. MARCELINO “MARCY” R. TEODORO

EXPLANATORY NOTE.

It is the policy of the State to ensure the health and well-being of its citizens
through relevant measures that include information dissemination and the regulation or
prohibition of not only substances harmful to one's health, but the sale and
advertisement of said products as well. The latter does not mean to undermine a
person's judgment or decision-making as regards product consumption, rather its only
aim is to reduce if not totally eliminate advertisements that influence or entice
impressionable minds to consume products at the expense of their health.

Cigarettes have been known to cause a variety of illnesses ranging from
respiratory ones to those cardiac in nature. In the Philippines, almost 100% of lung
cancer cases are caused by smoking, and smokers reach the “cancer age" 15 years
earlier than non-smokers. Quitting is difficult for users given the addictive property of one
of cigarette's main ingredient, nicotine. This poses a problem not only for smokers but for
nonsmokers as well, since the latter are also at risk of contracting diseases as a result of
exposure to secondhand smoke.

As for liquors, moderate drinking is not dangerous per se. Rather, it is chronic
alcohol consumption that takes a toll on people's health. Also, excessive drinking leads
to intoxication and when combined with activities that need sharpness of mind and
senses like driving, that is when tragedy follows. Driving under the influence of alcohol
ranks among one of the primary causes of road mishaps both here and abroad.

Given the dangers posed by the (excessive and unintelligent) consumption of
cigarettes and alcohol, there is still a remarkable number of users, especially those
belonging in the teen years. Critics have put the blame on advertisements that create
images of sophistication associate with smoking and drinking, thus outweighing the
negative effects of the aforementioned,

As such, this bill seeks to strengthen existing laws as regards the prohibition of
advertisement of cigarette and alcoholic drinks across a variety of media. Local as well
as international studies have proven that liquor and cigarette advertising plays a vital
part in encouraging non-users to begin consuming the said products. They also found
links between the lifestyle and image of cigarette and alcohol consumption through multi-
media advertising and the increased consumption of said products, especially of young
people, change in youth norms and attitudes as regards smoking and drinking,
increased frequency of motor vehicle accidents, among other things. Furthermore,
studies have shown that a considerable reduction in the consumption of these products
can be attributed to the effectiveness of the proposed advertisement ban.

In light of the foregoing, immediate passage of this bill is earnestly sought.
MARCELINO “MARCY” R. TEODORO

Representative
1® District, City of Marikina


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1528

INTRODUCED BY HON. MARCELINO “MARCY” R. TEODORO

AN ACT
PROHIBITING RADIO, TELEVISION, NEWSPAPER, MOVIE HOUSE, POSTER AND
BILLBOARD ADVERTISEMENT ON CIGARETTE AND ALCOHOLIC DRINKS.

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

Section 1. Short Title. - This Act shall be known as the “ANTI-CIGARETTE AND
ALCOHOLIC DRINKS ADVERTISEMENT ACT”.

Sec. 2. Declaration of Policy. ~ It is the policy of the State to promote and safeguard
the physical and intellectual well-being of its citizenry, particularly the youth, from the
harmful effects of cigarettes and alcohol, to protect and promote the right to health of the
people as enshrined in the Constitution.

Towards this end, the government shall undertake an intensive and unrelenting
campaign against advertisements on cigarettes and alcoholic drinks, and shall instill
health consciousness among the people. Likewise, the government shall see to it that
educational institutions are complying with the Constitutional mandate for them to
strengthen ethical wastes, develop personal discipline, and encourage critical and
creative thinking.

Sec. 3. Definition of Terms. — As used in this Act, the following terms shall mean:

a) Cigarette - Finely cut tobacco or tobacco product for smoking, rolled in a very
thin paper of any kind or quality, whether filtered or not, locally manufactured or
imported, and of whatever label, name or brand.

b) Alcoholic drink — Anything intended for drinking in liquid form, whether with or
without color, with alcohol content of at least 5% per volume, including beer as
the term is commonly known or understood, of whatever label, name or brand,
and whether locally manufactured or imported.

©) Advertise — To make known or prociaim publicly by any means and in whatever
form or material and in any place for the purpose of promoting use, sale, or
drawing public attention.

d) Newspaper — Any printed publication which contains reports on news, events,
opinions, advertisements, whether published daily, weekly, monthly, or local
monthly or quarterly, and whether of national, provincial, regional, or local
circulation and whether printed locally or abroad, including, but not limited to
tabloids, newsletters, magazines, periodicals and books.

) Billboards — A wall of planks for the display of advertisements, regardless of the
materials used in the construction thereof, its height and location.

f) Poster — A placard displayed in or given to the public of whatever size or form
and regardless of the material used.


g) Flyer—A widely distributed handbill of whatever size, form or material used.

Sec, 4. Punishable Acts. — The following acts are declared unlawful and punishable
under this Act:

a) Advertising or causing the advertisement of cigarette or alcoholic drinks in radio
or television stations, movie houses, newspapers, billboards, posters or flyers, as
the terms are defined under this Act;

b) Publishing or printing, or causing the publication or printing, of any advertisement
on cigarette or alcoholic drinks in any newspaper, as the term is defined in this
Act;

©) Airing or showing in radio or television stations, or movie houses, of such
advertisements on cigarette or alcoholic drinks, as the terms are defined in this
Act; and

d) Posting or distributing posters or flyers containing advertisements on cigarettes
or alcoholic drinks, as the terms are defined in this Act.

Sec. 5. Penalties. — The following penalties shall be imposed upon any person found
guilty of any of the declared unlawful acts under Sec. 4. thereof:

a) For advertising or causing the advertisement of cigarettes or alcoholic drinks, the
penalty of imprisonment of not less than Five Hundred Thousand Pesos (Php
500,000.00) nor more than One Million Pesos (Php 1,000,000.00) shall be
imposed: Provided, That if the offender is a juridical person, the President,
General Manager, Sales, Marketing and Advertising Manager, or Head thereof,
shall be held liable;

b) For publishing or printing, or causing the publication or printing, of any
advertisement on cigarette or alcoholic drinks, in any newspaper, the penalty of
imprisonment of not less than four (4) years but not more than seven (7) years
and a fine not less than Three Hundred Thousand Pesos (Php 300,000.00) nor
more than Five Hundred Thousand Pesos (Php 500,000.00) shall be imposed:
Provided, That if the offender is a juridical person, the President, Publications
Manager and Editor-in-Chief of such newspaper shall be liable;

c) For airing or showing in radio or television station or movie house of any
advertisement on cigarette or alcoholic drinks, the penalty of imprisonment of not
less than five (5) years nor more than eight (8) yeas and a fine of not less than
Four Hundred Thousand Pesos (Php 400,000.00) nor more than Seven Hundred
Thousand Pesos (Php 700,000.00) shall be imposed: Provided, That if the
offender is a juridical person, the President, the General Manager, Sales,
Marketing and Advertising Manager, or Head thereof, shall be the one liable;

d) For posting or distributing posters or flyers containing advertisement on cigarette
of alcoholic drinks, the penalty of imprisonment of no less than three (3) years
and a fine of not less than Fifty Thousand Pesos (Php 50,000.00) but not more
than Two Hundred Thousand Pesos (Php 200,00.00) shall be imposed.

Sec, 6. Separability Clause. ~ If for any reason any section or provision of this Act, or
any portion thereof, or the application of such section, provision or portion thereof to any
person, group or circumstance is declared invalid or unconstitutional, the remaining
provisions of this Act shall not be affected by such declaration and shall remain in force
and effect

Sec. 7. Repealing Clause. - All laws, decrees, executive orders, rules or regulations
contrary to or inconsistent with the provisions of this Act are hereby repealed, modified
or amended accordingly.


Sec, 8. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) newspapers of general circulation.

Approved,