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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

Introduced by Representative John Marvin “Yul Servo” Nieto

Explantory Note:

It is the responsibility of the state to defend and protect the people's right to health.
The 1987 Constitution further identifies the importance of safeguarding children for
they belong to vulnerable sector.

Article II Sec 15

The State shall protect and promote the right to health of the people and instill
health consciousness among them.

Article XV, Sec 3 (2)

The right of children to assistance, including proper care and nutrition, and
special protection from all forms of neglect, abuse, cruelty, exploitation, and
other conditions prejudicial to their development;

According to the Department of Health, children are more vulnerable to the dangers of
inhaling second-hand smoke as compared to adults. This is due to their small stature
and their developing respiratory system. Furthermore, several studies have also
associated this early exposure to second-hand smoke to increased risk of lung cancer
in adulthood. It is urgent that the state implement various safeguards to protect the
future of the children in the country.

This measure seeks to protect children from the negative effects of 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.

JOHN IN “YY SERVO” NIETO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No. 8395

Introduced by Representative John Marvin “Yul Servo” Nieto

AN ACT

PROTECTING CHILDREN FROM CIGARETTE SMOKE EXPOSURE, AMENDING FOR
THE PURPOSE REPUBLIC ACT NO. 2911, 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“—oer—"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—industry{D74)] with the Secretary of the Department of TRADE AND
INDUSTRY (DTI) [HEALTH{DOH)] as Vice Chairperson. The IAC-Tobacco shall
have the following as members:

. Secretary 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);

g. 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 nongovernment 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. - 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,