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Republic of the Philippines is ¥ Rg VED
HOUSE OF REPRESENTATIVES 96 SEP 2017
Quezon City ae 7
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17" Congress
Second Regular Session

House BiLL No, S462

Introduced by: HON. LORNA C. SILVERIO

AN ACT
PROHIBITING THE SALE OF TOBACCO PRODUCTS AND OF OBJECTS IN THE FORM
OF CIGARETTES, CIGARS, TOBACCO AND SIMILAR TOBACCO PRODUCTS TO.
MINORS AND FOR OTHER PURPOSES.

EXPLANATORY NOTE

In 2007 Global Youth Tobacco Survey of the World Health Organization shows the rising prevalence of
smoking among the youths in the Philippines, thus an almost forty percent (40%) increase in prevalence of
smoking among school children thirteen (13) to fifteen (15) years old within the span of four (4) years, The
World Health Organization has noted the health effects of smoking among youth people such as respiratory
and non respiratory effects, addiction to nicotine, and the associated risk of other drug use. Smoking also hurts
‘young people's. physical fitness in terms of both performance and endurance, increases the risk of lung cancer
and coronary heart disease. It is also associated with a host of other risky behaviors, such as fighting and
engaging in unprotected sex.

The 1987 Constitution mandates the State to defend 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 (Art.XV, Sec.3, 1987 Constitution).

In this light, in 2003, Republic Act No. 9211, otherwise known as Tobacco Regulation Act of 2003 was
enacted, providing regulation on tobacco control and prohibiting the sale of tobacco to minors. Subsequently,
however, on September 4, 2005, the Philippine Senate ratified the World Health Organization Framework
Convention on Tobacco Control (WHO FCTC) where it enjoins the State to adopt and implement effective
legislative, executive, administrative or other measures at the appropriate government level to prohibit the
sale of tobacco products to persons under the age set by domestic and national law or eighteen (18). Such
measures may include, among others, prohibiting the manufacture and sale of sweets, snacks, toys or nay
‘other objects in the form of tobacco products which appeal to minors {Art.16 (1c)}, and the sale of cigarettes
individually or in small packets which increase the affordability of such products to minors (Art.16(2)}. These
measures identified under WHO FCTC, however, are not presently under RA no, 9211. Meanwhile, cigarettes
can still be bought individually or in small packets at sari-sari stores or other point of sale by children of
parents and older siblings who smoke.

Inasmuch as the formation of the smoking habit usually begins at an early age aided by the easy
access to cigarette, cigars, tobacco and similar tobacco products, as well as the presence of influences such as
sales of sweets, snacks and toys in the form of tobacco products, there is need to fill the gap in R.A. No. 9211
in order to make it consistent with the WHO FCTC.

In view of the foregoing, approval of this bill is earnestly sought.

Ee ey

LORNA C. SILVERIO



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

17* Congress
Second Regular Session

nouse sino. 6462

Introduced by: HON. LORNA C. SILVERIO

AN ACT PROHIBITING THE SALE OF TOBACCO PRODUCTS AND OF OBJECTS IN
THE FORM OF CIGARETTES, CIGARS, TOBACCO AND SIMILAR TOBACCO
PRODUCTS TO MINORS AND FOR OTHER PURPOSES

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

SEC 1. Declaration of Policy.- It is the policy of the State to protect the children from
hazardous products and promote the right to health and promote health awareness. It is also
the policy of the State to safeguard the interests of children and the Constitutional ideal to
promote the general welfare. For these purposes, the government shall regulate the sale,
distribution, and promotion of tobacco products and their representations in all forms, in
order to promote a healthy environment and protect the children from the harmful effects of
tobacco products.

SEC 2. Definition of Terms - The following shall be defined as follows:

A.) Minors refer to persons below eighteen (18) years of age or those over but are
unable to fully take care of themselves or protect themselves from abuse, neglect,
cruelty, exploitation or discrimination.

B,) Tobacco products are products entirely or partly made of the tobacco leaf as
primary material and manufactured to be used mainly for smoking.

C.) Point of sale means any location at which an individual can purchase or otherwise
obtain tobacco products or their representation or imitation,

SEC 3. Prohibitions.- The following acts by any person, natural or juridical are prohibited:
A.) Sale of cigarettes individually or in full or small packets to minors which increase
the affordability of such products, whether at point of sale or by means of vending
machine or any self-service facility or similar contraption or device, and
B.) Manufacture, sale, advertisement, promotion, and free distribution of sweets,
snacks, toys, or any other objects in the form of tobacco products which appeal to
minors.


SEC 4. Requirement of Photographic Identification — In case of doubt, the seller or
distributor shall require the presentation of any valid form of photographic identification
indicating the date of birth of the buyer to ensure that no individual purchasing a tobacco
product is a minor.

It shall not be a defense for the person selling that he/she did not know or was aware of the
real age of the minor. Neither shall it be a defense that he/she did not know nor had any
reason to believe that the cigarette or any other tobacco product or product in the form of
tobacco products was for the consumption of the minor to whom it was sold, given or
distributed.

SEC 5, Signage - Point-of-Sale establishments offering, distributing, or selling tobacco
products to consumers, shall post the following statement in a clear and conspicuous manner:
“SALE/DISTRIBUTION TO OR PURCHASE BY MINORS OF TOBACCO PRODUCTS
OR IN THE FORM OF TOBACCO PRODUCTS IS UNLAWFUL” or “IT IS LAWFUL
FOR TOBACCO PRODUCTS OR THOSE IN THE FORM OF TOBACCO PRODUCTS
TO BE SOLD/DISTRIBUTED TO OR PURCHASED BY PERSONS UNDER EIGHTEEN
(18) YEARS OF AGE.

SEC 6, Penalties - Any violation of this Act shall be penalized with a fine of not more than.
Fifteen Thousand Pesos (Php 15,000.00) or imprisonment of not less than one (1) year but
not more than three years, or both, at the discretion of the court. In addition to such penalty,
any establishment, business or otherwise, found guilty shall have its Business Permit
suspended for a period of not less than one (1) year but not more than two (2) years.

The penalty provided shall be imposed upon the proprietor for individual proprietorships,
upon all partners for partnerships and the general partner/s for limited partnerships, the
branch manager of the particular branch or the manager and the chief operating officer for
incorporated businesses; and all such persons not falling within any of the descriptions\titles
above-mentioned, being in-charge of the particular prohibited tobacco products or their
representation or imitation and failing to follow the prohibitions here defined.

SEC 7. Separability Clause — Should any part or provision’s of this Act be declared invalid
or unconstitutional, the other part or provision/s not so declared shall remain in full force and
effect.

SEC 8, Repealing Clause — Any law, decree, executive order or issuance inconsistent with
the provisions of this Act is repealed and or modified accordingly.

SEC 9. Effectivity — This Act shall take effect fifteen (15) days from its publication in at
least two (2) national newspapers of general circulation.

Approved,

Mev. Ai flins—