Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4825

HOUSE BILL NO.

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

EXPLANATORY 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 “FUL SERVO” C. NIETO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4825
HOUSE BILL NO.

Introduced by Hon. John Marvin “Yul Servo” C. 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
@ 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 ()
legible and visible sign, namely:

“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) [4rade—and—Industry{D74)] with the Secretary of the
Department of TRADE AND INDUSTRY (DTI) [HEALTFH{DOH)] as Vice
Chairperson. The IAC-Tobacco shall have the following as members:

a. 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,