THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF T I E  PHILIPPINES 
Third Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Cigarette molting causes a variety of diseases and starting to srnolce 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 o f  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 peiialty on both 
the seller and the buyer is needed. Likewise, stricter monitoring of sales to underage smolcers 
should be done through the method of giving rewards to informers. 
The Constitution, in Article 2 on Declaration of State Principles and Policies provides for 
policy statements regarding health and the youth. Sections 13 and 15 of the Constitution are 
specific examples of the policies. The Constitution, Article 2, Section 13, first sentence provides 
that: 
The State recognizes the vital role of the youth in nation-building aid shall 
promote and protect their physical, moral, spiritual, intellectual, and social well- 
being. 
On the other hand, Section 15 states that: 
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 Constitutiorl for the government lo protect the 
health of the youth, this bill aims to prevent underage smoking by restricting the youth’s access 
to tobacco products. 


THIRTEENTH CONGRESS OF ‘THE REPUBLIC) 
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OF THE PI-IILIPPINES 
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Third Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO PROHIBIT A MINOR FROM PURCHASING OR POSSESSING TOBACCO PRODUCTS 
%e tt enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled. 
SECTION 1. Short Title. - This Act shall be lcnown as the “Underage Tobacco Access 
Restriction Act of 2006.” 
SECTION 2. Declomtion 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. Dejnition of 7’ernzs. - For purposes of ihis Act, the following terms shall 
mean: 
(1) “Minor” means a person eighteen years of age or youiger; 
(2) “Tobacco products” include, but are not limited to, cigarettes, tobacco, cigarette 
paper, or a substitute for them; 
(3) “Proof or age” means a driver’s license or other documentary ox written evidence that 
the individual is eighteen years of age or older. 
SECTION 4. Prohibitions. - (A) A person eighteen years old and below may not 
purchase or knowingly possess tobacco products. Possession is prima lacie evidence that the 
tobacco product is lcnowingly possessed. 
(B) A person may not falsely represent his age for the purpose of procuring tobacco 
products. 


(C) It is unlawful for a person to sell, furnish, give, or provicL: a person under the age of 
twenty-one with tobacco products. 
(D) 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 sanipling shall demantl 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 ofrense, by a fine not exceeding one thousand five hundred pesos; 
(2) for a second offense, by a fine not exceeding tluec thousand pesos; aid 
(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-imprisonnieiit 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 government unit where the person was the convicted.” 
SECTION 6. Duty qf’ the Secrelrvy 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 o€ficer to conduct the annual inspections. Penalties collected pursuant 
to this Act innst be used to offset the costs of enforcement. 
(B) The Department of Health (Department) shall develop and implement a Youth 
Smoking Prevention Plan for the purpose of preventing arid reducing cigarette sniolting by 
people under the age of eighteen. 


(C) The Youth Smoking l’revention Plan must address prevcntion, cessation, and colitroi 
of smoking by people under the age of eighteen and may include, but is not limited to: 
(1) media campaigns; 
(2) school bascd youth programs; 
(3) community based youth programs; 
(4) business, community, and school partnerships; 
(5) prograins focusing on the enforcenient and adininistraiion of related tobacco laws, 
including retailer education; 
(6) surveillance and evaluations; 
(7) chronic disease and health-related programs. 
(D) (1) To assist in carrying out the purposes of the plan, the Department may award 
youth srnolting prevention grants to local agencies, organizations, and entities based 011 criteria 
developed by the Department. 
(2) 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: 
(a) ainonnt received as a grant and the expenditures made with the proceeds of the 
grant; 
(b) a description of the prograin offered and the nuniber of youths who participated in 
the program; and 
(c) specific elements of the program meeting the criteria set lorth in the state plan. 
(E) The plan shall provide for a grant for an aniinal 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-identilable date.” 


SECTION 7. Separability Clause. - If any Drovision or part thereof, is held invalid or 
unconstitutional, the remainder of the law or the proirision not otherwise affected shall remain 
valid and subsisting. 
SECTION 8. Repealing Clause. - Any law, presiilential 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. Eflictivity Clause. - This Act shall take erfect fifteen (15) days aiier its 
publication in at least two (2) newspapers of general circulation. 
jpsi3-15-06