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CONGRESS OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
First Regular Session 
SENATE 
S. B. No. 499 
INTRODUCED BY SENATOR FRANKLIN M. DRILON 
EXPLANATORY NOTE 
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JUL -4 P 4:38 
In previous Congresses, we realized the need to shield our citizens from the hannful health 
effects brought about by tobacco products by approving Republic Act No. 9211 or "The Tobacco 
Regulation Act of2003," which mandated textual health warnings on cigarettes. 
However, studies indicate that textual health warnings are not effective. While present smokers 
understand that tobacco use is hannful, studies point that most are not completely aware of its 
true risks. Studies on the subject revealed that such health warnings are several times more 
effective in terms of encouraging cessation and prevention than text-only labels. 
The proposed "Picture-Based Health Warning Act of 2013" mandates the placing of graphic 
health warnings on cigarette packaging to further strengthen the government's efforts to 
discourage smoking. Verily, it prescribes that all cigarette packages and other tobacco products 
found in the market, including cartons or master cases, must bear highly visible full-color 
picture-based health warnings. 
By strategically placing meaningful graphic images along with text warnings to cigarette cartons 
and other tobacco products, we hope to effectively deter smoking in the same way that other 
countries where this system have been set in place were able to reduce the incidence of smoking 
in their respective jurisdictions. 
Foregoing considered, the immediate passage of this bill is earnestly sought. 


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CONGRESS OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
First Regular Session 
SENATE 
S.B.No. 499 
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JUL -4 P 4 :38 
INTRODUCED BY SENATOR FRANKLIN M. DRlLON 
AN ACT TO EFFECTIVELY INSTILL HEALTH CONSCIOUSNESS THROUGH 
PICTURE-BASED WARNINGS ON TOBACCO PRODUCTS 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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Section 1. Short title. - This Act shall be known as "The Picture-Based Health Warning 
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Law." 
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Section 2. Declaration of Principles. - The State shall protect and promote the right to 
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health of the people and instill health consciousness among them. 
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The State shall protect consumers from trade malpractices and from substandard and 
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hazardous products. 
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The State accepts that, as a State-Party to the World Health OrganiZation's Framework 
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Convention on Tobacco Control (FCTC), a treaty that reaffirms the right of all people to the 
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highest standards of health, the Philippines is obliged to inform every person of the health 
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consequences of tobacco consumption & exposure to tobacco smoke; to enact effective measures 
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to curb and reduce tobacco use, especially among the youth; and to protect public health policy 
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from the commercial and vested interests ofthe tobacco industry. 
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The State is cognizant of the Philippine's duty under Article 11 of the FCTC which is to 
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adopt and implement by September 2008 effective health warnings on tobacco products that 
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should describe the harmful effects of tobacco use. 
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The State recognizes that based on empirical data, text warnings have been shown to be 
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insufficient in conveying the dangers of tobacco products while graphic or picture-based health 
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warnings have been shown to be more effective in conveying the truth about the dangers of 
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exposure and consumption of tobacco smoke. 
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Section 3. Purpose. - The purpose of this Act is: 
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a. 
to have health warnings that effectively warn of the devastating effects of tobacco 
use and exposw'e to second hand smoke; 
b. 
to remove signs or terms or any other direct or indirect means on or in tobacco 
product packages that create or are likely to create a false impression about the 
health effects of tobacco products, including but not limited to misleading or 
deceptive descriptors like "low tar," "light," "ultra light" or "mild;" 
c. 
to fwther promote the right to health and information of the people; 
d. 
to strengthen the role of the Department of Health in promoting the right to health 
and instilling health consciousness among Filipinos. 
Section 4.-Definition of terms. -
a. "Insert" means any communication inside an individual package and/or carton 
purchased at either wholesale or retail by consumers, such as a leaflet or brochure. 
b. "Onsert" means any communication affixed to the outside of an individual package 
and/or carton purchased at either wholesale or retail by consumers, such as a brochure 
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beneath the outer cellophane wrapping or glued to the outside of the cigarette 
package. 
c. "Picture-based Health Warning" means warning labels that are composed of a 
photographic picture warning on health dangers or other problems related to tobacco 
use or exposure to tobacco smoke and an accompanying textual warning that is 
related to the picture, as issued by the Department of Health (DOH) in accordance 
with Section 15 of this Act. 
d. "Principal Display Surface", means: 
e. 
1. in the case of a package and carton that has at least two equal sized sides 
or surfaces, other than the top and bottom, that may be displayed or visible 
under normal or customary conditions of sale or use, the areas of each of 
the 2 largest surfaces; 
2. the largest surface of any spherical, cylindrical or conical container of 
tobacco products and in the case of a package and carton that does not 
have a particular side or surface that is predominantly displayed or visible 
under normal or customary conditions of sale or use, the total surface area 
of the package; 
3. all surfaces or panels, exterior or interior, of any tobacco product 
packaging or carton not specified above. 
"Tobacco Product Package" means the packet and package of tobacco products and 
any outside packaging and labelling of tobacco products for sale, distribution, 
exportation, importation, trade, exchange, or exhibition, such as, but not limited to, 
packs, tins, boxes, pouches, flip-tops, slide and shell packages, cartons, transparent 
wrappers, clear packaging, packages containing one product unit, master cases, or 
other containers of tobacco products. 
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f. 
"Tobacco Products" means products entirely or partly made of leaf tobacco as raw 
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material, which are manufactured to be used for smoking, sucking, chewing or 
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snuffing, or by any other means of consumption. 
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Section 5. Picture-based Health Warning. - Ninety (90) days after the effectivity of this 
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Act, cigarette packages and other tobacco product packages found in the market including 
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package inseli and onserts, and any outside packaging and labelling, shall bear highly visible 
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full-color "Picture-based Health Warnings," as prescribed, as to aU particulars, that shall have 
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two components: a photographic picture warning and an accompanying textual warning that is 
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related to the picture. 
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a. The Picture-based Health Warnings shall be printed on at least 60% of the principal 
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display surfaces of any tobacco package; it shall occupy no less than 60% of the front 
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and 60% of the back panel of the packaging, as described in Sec. 4; 
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b. It shall be located at the upper portions of the said panels or Principal Display Areas; 
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c. Nothing shall be printed or applied on a location where it is likely to obscure or cover, 
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in part or in whole, the Picture-based Health Warnings; 
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d. No part of the warning may be obliterated, obscured, folded, severed or become 
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unreadable when the tobacco package is opened or closed or when a wrapper on the 
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package is removed; 
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e. The Picture-based Health Warning shall be printed in accordance with guidelines 
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prescribed by the DOH, or in the absence thereof, in full color, with the minimum 
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resolution of 600 dpi using at least 4-color printing; 
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f. 
A minimum of eight (8) variations of Picture-based Health Warnings shall be printed 
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simultaneously and these shall be rotated periodically, not just for each brand family 
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but also for each brand within the family for each package size and type, so that at' 
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any time within the twelve (12) month period, when a set of Picture-based Health 
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Wamings are scheduled to be rotated, the variations of the wamings shall appear in 
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the market with propOltionate frequency and equal display of health wamings and 
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messages on retail packages; 
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g. In no case shall the Picture-based Health Waming measure less than 2475 square 
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millimeters in size regardless of the type of tobacco package. Furthermore, the 
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shortest side of the health warning shall measure no less than 55 millimeters; 
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h. Picture-based Health Waming specifications-
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1. The text waming accompanying the picture shall be worded in such manner 
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that an ordinary layman will understand what the picture is about and what are 
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the ill-effects of smoking on the health of the smoker and of the people around 
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him; 
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2. The text waming shall be placed on areas of the photograph where it will not 
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obscure the picture itself but will be prominently displayed; 
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3, The text shall use up nO'more than 30% of the entire area of the Picture-based 
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Health Waming and shall appear in clearly legible type and in contrast by 
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typo graph, layout and color, without the use of any border, frame or any other 
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design that will effectively lessen the size of the textual waming; and 
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4. The accompanying text shall be, printed in English on the front panel and 
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Filipino on the back panel and altemately, Filipino on the front panel and 
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English on the back panel. In the case of other containers where there is only 
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one (1) extemal surface area, the accompanying text will likewise altemately 
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be in English or Filipino. 
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Section 6. Side Panel. - In addition to the Picture-based Health Warning, cigarette 
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packages, as well as other tobacco product packages found in the market, shall bear, on one side 
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panel, additional information as issued by the DOH according to Section 15 of this Act, such as, 
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but not limited to, additional health wamings, hotlines or websites for tobacco-related concems, 
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or tips on how to stop smoking. This information shall be prominently displayed and the text 
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thereto shall appear in clearly legible type and in contrast by typo graph, layout and color, 
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without the use of any border or frame or any other design that will effectively lessen the size of 
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the additional health wamings. 
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Section 7. Descriptors. - Ninety (90) days after the effectivity of this Act, no cigarette 
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packs or other tobacco product packages shall contain any term, descriptor, trademark, figurative 
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or any other sign including colors, images, or numbers, or any other package or product design 
10. or feature, that directly or indirectly create or are likely to create the false impression that a 
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particular tobacco product is less harmful than any other tobacco product or brand, or that 
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I?roinote a tobacco product by any means that are false, misleading, deceptive, or likely to create 
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an erroneous impression about its characteristics, health effects, hazards or emissions, such as, 
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but not limited to, "low tar", "light", "ultra-light", or "mild," "extra," "ultra," and similar terms in 
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any,language that might mislead consumers, or corresponding symbols or colors signifying the 
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same. 
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No cigarette packs or other tobacco product packages shall contain information that may 
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imply that one variant or brand is safer than the other, such as, but not limited to, statements 
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indicating that the tobacco product contains "reduced levels" of contents, substances, and 
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emissions. Figures for emission yields, such as for tar, nicotine and carbon monoxide, shall be 
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prohibited, including when used as part of a brand name or trademark. 
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Section 8. Minimum Principal Display Surface! Prohibition on Smaller Packages - To 
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ensure the visibility, prominence, and impact of Picture-based Health Wamings, no person or 
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legal entity. shall make, fabricate, impOlt, sell or distribute cigar, cigarette or other tobacco 
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products with packages that have for its Principal Display Surface, a total area of less than 4950 
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square millimeters for each of the two largest sides in the case of tobacco packages described in 
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Sec 4 d (l). For other tobacco packages that fall under Section 4 d (2) and 4 d (3), the minimum 
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size for the principal display surface shall also be 4950 square millimeters. 
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Section 9. Costs. -
All printing costs pertaining to packaging and labelling shall be 
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~houldered by tobacco manufacturers and/or importers. 
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Section 10. Prohibition on Sales. - No person or legal entity shall sell or commercially 
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distlibute or display any cigarette or tobacco product without ensuring that the labels and 
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packages, as well as any other container used in displaying the cigarette or tobacco products, 
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meet the requirements under this Act. Manufacturers and distributors of tobacco products shall 
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ensure the removal from all displays of non-compliant tobacco products manufactured and 
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distl'ibuted by them within 120 days from the effectivity of this Act. 
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Section 11. Prohibition on Obstruction of Display. - No person or legal entity shall 
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obscure or cover in part or in whole the Picture-based Health Warning in the selling areas. The 
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Picture-based Health Warnings shall be prominently displayed whenever the said packages are 
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commercially displayed. 
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Section 12. Liability of Manufacturers, Importers, and Distributor. - Manufacturers, 
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importers, and distributors of tobacco products shall be directly liable for any violations of the 
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provisions of this Act. In the case of a business entity or establishment, the chairperson of the 
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Board of Directors, the owner, president, manager and the corporate officials thereof shall be 
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directly responsible therefore and shall be made accountable. Agents/representatives of the 
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aforecited manufacturers, importers, and distributors who commit any violation of the provisions 
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of this Act and its implementing rules shall be jointly and severally liable with the 
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manufacturers, importers, and distributors .. 
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Section 13. Liability of Retailers and Sellers. - Retailers and sellers of tobacco products 
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shall be directly liable for violations of Section 10 and 11 of this Act. In the case of a business 
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entity or establishment, the chair of the Board of Directors, the owner, president, manager and 
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,the corporate officials thereof shall be directly responsible and shall be made accountable. 
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Section 14. Penalties for Non Compliance. -
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a. The following penalties shall individually apply to manufacturers, importers, and 
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distributors of tobacco products as well as their agents/representatives for any 
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violation of this Act: 
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1. On the first offense, a fine of not more than One Million Pesos (Php 
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1,000,000.00) shall be imposed; 
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2. On the second offense, a fine of Five Million Pesos (Php 5,000,000.00), shall 
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be imposed; 
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3. On the third offense, in addition to a fine of not more than Twenty Million 
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Pesos (Php 20,000,000.00) or imprisonment of not more than five (5) years, or 
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both at the discretion of the CHurt, the husiness permits and licenses, in the 
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case of a business entity or establishment shall be revoked or cancelled. 
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If the guilty officer is a foreign national, he shall be deported after service of sentence 
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and/or payment of applicable fines without need of further deportation proceedings and shall be 
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forever barred from re-entering the Philippines. Filing of the appropriate case may be 
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commenced by the DOH; the Philippine National Police (PNP); a Prosecutor by himself; or any 
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private citizen. 
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Each batch of non-compliant tobacco packages, regardless of size, that are withdrawn 
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from the manufacturing facility, imported into the Philippines for sale to the market, transferred 
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to other facilities, or delivered to the retail establishments after the compliance date shall 
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constitute one offense. An additional penalty of One Hundred Thousand Pesos (Php 100,000.00) 
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per day shall be made for each day the violation continues after having received the order from 
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the DOH or other appropriate body, notifying the company of the infraction. 
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b. The following penalties shall individually apply to retailers/sellers of tobacco 
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products as well as their agents/representatives for any violation of this Act: 
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1. On the first offense, a· fine of not more than Five Thousand Pesos (Php 
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5,000.00) shall be imposed; 
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2. On the second offense, a fine of Ten Thousand Pesos (Php 10,000.00) shall be 
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imposed; 
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3. On the third offense, in addition to a fine of not more than Twenty Thousand 
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Pesos (Php 20,000.00) or imprisonment of not more than one (1) year, or both 
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at the discretion of the court, the business permits and licenses, in the case of a 
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business entity or establishment shall be revoked or cancelled. 
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If the guilty officer is a foreign national, he shall be deported after service of sentence 
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andlor payment of applicable fines without need of :further deportation proceedings and shall be 
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forever barred from re-entering from the philippines. Filing of the appropriate case may be 
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commenced by the DOH; the PNP; a Prosecutor by himself; or any private citizen. 
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Each day that non-compliant tobacco packages are found in the retail establishments of 
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the retailers after the compliance date shall constitute one offense. An additional penalty of Five 
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Thousand Pesos (Php 5,000.00) per day shall be made for each day the violation continues after 
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having received the order from the DOH or other appropriate body, notifying the retailers of the 
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infraction. 
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Section 15. Picture-Based Health Warning Guidelines - Thirty days (30) days after the 
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effectivity of this Act, and every year thereafter, or as frequently as the need arises, the DOH 
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shall issue a template of Picture-based Health Warnings to be rotated, as well as guidelines 
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respecting the printing instructions, specific pictures, design, or content of the information 
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relating to the Picture-based Health Wamings, and other information that must appear in the 
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tobacco product packages. The DOH shall consider the recommendations of leading non-
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government organizations that have established and proven records of dealing with tobacco-
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related diseases and deaths; Pl'Ovided, however, that the absence of recommendations shall not 
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delay the issuance of the template and guidelines. All Picture-based Health Warnings issued shall 
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comply with the specifications above and must always present the devastating effects of tobacco 
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use and exposure to tobacco smoke. 
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In light of technological developments in printing quality and package design, the DOH 
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shall have the authority to provide additional printing guidelines beyond those specified in 
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Section 5(e), to ensure that picture warnings remain effective and with impact. 
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Picture-based Health Warning regulations issued by the DOH Secretary upon 
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recommendation of non-government organizations shall be presumed compliant with the 
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specifications listed above for purposes of implementation by the tobacco companies. 
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Tobacco manufacturers and importers shall have no more than two (2) months to comply 
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with any new templates issued. 
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Section 16. Administrative Power: - Within one (1) year from the effectivity of this Act, 
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the DOH shall issue Guidelines and Administrative Sanctions to facilitate the implementation of 
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this Act, but this should, in no case, delay the implementation of this Act and the deadlines/time 
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frames set herein. 
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The DOH, in coordination with the Food and Dmg Administration, is hereby charged 
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;"'ith implementing and enforcing the provisions of this Act and shall: 
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a. promulgate mles governing the hearings on alleged violations of this Act. The 
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hearings shall be summary in nature and shall be conducted by means of position 
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papers and affidavits. Any decision must be rendered by the DOH no longer than 
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thirty (30) days from the date of filing; 
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b. impose, after notice and hearing and in accordance with the degree of the offense and 
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the nature of the business of the offender, administrative fines of up to Ten Million 
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Pesos (Php 10,000,000.00), the proceeds of which will be used for health promotion 
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campaigns on tobacco control of the DOH. Provided, That manufacturers, importers, 
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and distributors of tobacco products as mentioned in Section 12 of this Act, shall have 
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a higher penalty compared to retailers and sellers, as provided in Section 13 of this 
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Act; 
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c. issue other administrative rules and regulations it deems necessary to effectively 
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implement the provisions of this law, such as but not limited to, seizure, forfeiture, 
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and destruction of non-compliant packages as described under this law. 
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The non-issuance of the Regulations and Administrative Sanctions by the DOH shall not 
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prevent the coming into force of this Act. 
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The DOH shall have the power to call upon law enforcement agencies, and the managing 
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authorities in the economic zones for assistance in the implementation and enforcement of its 
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decisions, orders, rules and regulations. In addition, the DOH may also deputize, whenever 
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necessary, local government executives and representatives of the national government agencies, 
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tobacco control organizations and concerned sectors to help monitor compliance with and report 
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any violation of this Act. 
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The filing of an administrative case for an act constituting a violation of the 
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administrative regulations to be issued by the DOH shall not preclude the simultaneous or 
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subsequent filing of criminal charges for the same act constituting a violation under this Act, 
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through criminal proceedings authorized under Section 14 of this Act. In the same manner, 
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neither shall the filing of criminal charges preclude the filing of administrative cases. 
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Section 17. Strict Compliance and Inspections. - Absolutely no extensions of time to 
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comply with the provisions of this Act shall be granted to tobacco manufacturers and importers 
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or any other affected party . 
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For purposes of enforcing the law and ensuring compliance therewith, the DOH, through 
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FDA or other deputized law enforcement agency, or its authorized representative, upon 
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presenting appropriate credentials to the owner, manager, or agent in charge, is authorized (1) to 
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enter, at reasonable hours, any factory, V\iarehouse or establishment in which tobacco products 
are manufactured, processed, packed or held, for introduction into domestic commerce or are 
held after such introduction, or (2) to enter any vehicle being used to transport or hold the 
tobacco products in question; and (3) to inspect, in a reasonable manner, such factory, 
warehouse, or establishment or vehicle and all pertinent equipment, finished and unfinished 
materials, containers and labeling therein. If the officer, employee, or person designated to make 
any such inspection of a factory, warehouse or other establishment has obtained any sample in 
the course of the inspection, upon completion of the inspection and prior to leaving the premises, 
he shall give the owner, manager, or agent-in-charge a receipt describing the samples obtained. 
The DOH shall have the power to punish the refusal of the owner, manager, agent-in-
charge or employee of the factory, warehouse, establishment, or vehicle who, despite the 
presentation of appropriate credentials by the officer or employee designated to conduct the 
inspection, refuses the entry of such otlicer or employee. 
Section 18. Citizen Suits. - For purposes of enforcing the provisions of this Act or its 
implementing rules and regulations, any citizen may file an appropriate civil, criminal or 
administrative action in the proper COUlts or administrative body against: 
(a) 
Any person or entity who violates or fails to comply with the provisions of this 
Act, its implementing rules and regulations, including the template, guidelines, or other 
regulations; or 
(b) 
The DOH and other implementing agencies with respect to rules and regulations 
issued inconsistent with this Act; and/or 
(c) 
Any public officer who willfully or grossly neglects the performance of an act 
specifically enjoined as a duty by this Act, its implementing rules and regulations, 
including the template, guidelines, or other regulations; or abuses his authority in the 
performance of his duty; or, in any manner, improperly performs his duties under this 
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Act or its implementing rules and regulations including the template, guidelines, or other 
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regulations. 
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The administrative, civil and criminal actions allowed under this section shall be 
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alternative and cumulative and shall not preclude any other person from filing a similar action. 
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Section 19. Other obligations of the Tobacco Industry. Compliance with the Act shall 
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not remove or diminish any other obligations of tobacco manufacturers, importers, distributors, 
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retailers, and sellers, including but not limited to, obligations to warn and inform consumers 
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about the health hazards of tobacco use and exposure to tobacco smoke. 
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Section 20. Separability Clause. - If any clause, provision, paragraph or part thereof shall 
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pe declared unconstitutional or invalid, such judgment shall not alIect, invalidate or impair any 
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other part hereof but such judgment shall be merely confined to the clause, provision, paragraph 
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or patt directly involved in the controversy in which such judgment has been rendered. 
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Section 21. Repealing Clause.-
All other laws, decrees, executive order and other 
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administrative issuances and pads thereof which are inconsistent with the provisions of this Act 
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are hereby modified, superseded or repealed accordingly. 
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Section 22. Effectivity. - This Act shall take effect fifteen (15) days following its 
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publication in the Official Gazette or in a major daily newspaper of national circulation in the 
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Philippines. 
Approved, 
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