FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIF’PINES 
) 
First Regular Session 
) 
S. No. ““@‘6 9 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Cigarette smoking causes a variety of diseases and starting to smoke at a younger age 
naturally increases the risk of death from a smoking related-cause. According to a 2003-2004 
study, tobacco use among the youth in the Philippines disclosed an increase in the accessibilility 
of cigarettes to Filipino adolescents. Two in 10 students aged 12 to 17 currently use some form 
of tobacco. The study also showed that almost half of Filipino youth smokers can buy their 
cigarettes in the stores and this accessibility had increased the figure by 28.1% since the last 
study conducted in 2000. 
Although there is a regulatory provision regarding sales to minors, the regulation does not 
seem to solve the problem because according to the study, stores are still very aggressive in 
increasing their sales. To minimize if not totally prevent underage smoking, a penalty on both 
the seller and the buyer is needed. Likewise, stricter monitoring of sales to underage smokers 
should be done through the method of giving rewards to informers. 
The Constitution, in Article 11, provides for policy statements regarding health and the 
youth. Sections 13 and 15 of the Constitution are specific examples of the policies: 
Section 13. The State recognizes the vital role of the youth in nation- 
building and shall promote and protect their physical, moral, spiritual, intellectual, 
and social well-being. 
Section 15. The State shall protect and promote the right to health of the 
people and instill health consciousness among them. 
In line with the specific mandate of the Constitution for the government to protect the 
health of the youth, this bill aims to prevent underage smoking by restricting the youth’s access 
to tobacco products.’ 
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* This hill was originally filed during the Thirteenth Congress, Second Regular Session. 


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FOURTEENTH CONGRESS OF THE REPLJBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROHBITING MINORS FROM PURCHASING OR POSSESSING TOBACCO PRODUCTS 
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 “Underage Tobacco Access 
Restriction Act of 2007.” 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to 
promote the health and general welfare of the youth by restricting their access to tobacco 
products. 
SECTION 3. Definition of Terms. - For purposes o f  this Act, the following terms shall 
mean: 
(A) “Minor” means a person eighteen years of age or younger; 
(B) “Tobacco products” include, but are not limited to, cigarettes, tobacco, cigarette 
paper, or a substitute for them; 
(C) “Proof of age” means a driver’s license or other documentary or written evidence that 
the individual is eighteen years of age or older. 
SECTION 4. Prohibitions. - (A) A person eighteen (18) years old and below may not 
purchase or knowingly possess tobacco products. Possession is prima facie evidence that the 
tobacco product is knowingly possessed. 
(B) A person may not falsely represent his age for the purpose of procuring tobacco 
products. 
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(C) It is unlawfil for a person to sell, furnish, give, or provide a person under the age of 
twenty-one with tobacco products. 
@) It is unlawful for a person to distribute a tobacco product sample to a person under 
the age of twenty-one. A person engaged in sampling shall demand proof of age from a 
prospective recipient if an ordinary person would conclude on the basis of appearance that the 
prospective recipient may be under the age of eighteen. 
SECTION 5. Penalties. - 
(A) A person violating the provisions of this Act, either in person, by agent, or in another 
way, shall, upon conviction, be punished as follows: 
(1) For a first offense, by a fine not exceeding one thousand five hundred pesos; 
(2) For a second offense, by a fine not exceeding three thousand pesos; and 
(3) For a third or subsequent offense, by a fine of not less than five thousand 
pesos or imprisonment for not more than one year and not less than sixty days, 
or both, provided that existing laws as to non-imprisonment of minors shall be 
followed. 
(B) One-half of a fine imposed must be paid to the informer of the offense and the other 
half to the treasurer of the local govenment unit where the person was the convicted.” 
SECTION 6. Duty of the Secretary of Health. - (A) The Secretary of Health shall 
provide for the enforcement of this Act in a manner that reasonably may be expected to reduce 
the extent to which tobacco products are sold or distributed to persons under the age of eighteen 
and annually shall conduct random, unannounced inspections at locations where tobacco 
products are sold or distributed to ensure compliance with this Act. The Secretary shall 
designate an enforcement officer to conduct the annual inspections. Penalties collected pursuant 
to this Act must be used to offset the costs of enforcement. 
(B) The Department of Health shall develop and implement a Youth Smoking Prevention 
Plan for the purpose of preventing and reducing cigarette smoking by people under the age of 
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eighteen (1 8) years. 
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(C) The Youth Smoking Prevention Plan must address prevention, cessation, and control 
of smoking by people under the age of eighteen and may include, but is not limited to: 
(1) Media campaigns; 
(2) School based youth programs; 
(3) Community based youth programs; 
(4) Business, community, and school partnerships; 
(5) Programs focusing on the enforcement and administration of related tobacco 
laws, including retailer education; 
(6) Surveillance and evaluations; 
(7) Chronic disease and health-related programs. 
(D) To assist in carrying out the purposes of the plan, the Department may award youth 
smoking prevention grants to local agencies, organizations, and entities based on criteria 
developed by the Department. As a condition for the receipt of funds under this Act, a grantee 
shall agree to file a report with the Department, as to the following: 
(1) The amount received as a grant and the expenditures made with the proceeds 
of the grant; 
(2) A description of the program offered and the number of youths who 
participated in the program; and 
(3) Specific elements of the program meeting the criteria set forth in the state 
plan. 
(E) The plan shall provide for a grant for an annual nationwide school-based survey to 
measure cigarette use and behaviors towards cigarette use by individuals in grades six through 
fourth year high school. This survey shall: 
(1) Involve a statistically valid sample of the individuals in each grade from sixth 
through fourth year high school; 
(2) Not include any individual who is nineteen years or older; and 
(3) Be made available to the public, along with the resulting date, excluding 
respondent identities and respondent-identifiable date. 
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SECTION 7. Separability Clause. - If any provision or part thereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 8. 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 9. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
JPS/3-15-06 
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