Republic of the Philippines
HOUSE OF THE REPRESENTATIVES

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Seventeenth Congress
First Regular Session

House Bill No, 4713

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Introduced by Hon. Lawrence Lemuel H. Fortun

EXPLANATORY NOTE

Article Il, Section 15 of the 1987 Constitution of the Republic of the Philippines
mandates that the State “shall protect and promote the right to health of the people and
instill health consciousness among them."

This bill seeks to prohibit the placing, posting, or displaying tobacco
advertisements and promotion items including tobacco products in any place
including point of sale sites except for the placement of a simple sign informing
consumers of the availability of the tobacco products therein. The bill defines
tobacco advertisement and promotion as any form of commercial
communication, recommendation, or action that has the likely effect of
promoting a tobacco product or its use.

Tobacco addiction is a global epidemic that creates an enormous toll of
death, disease, and disability. Over many decades, it has remained’ prevalent,
mainly because of the poor implementation of tobacco control policies and
inconsistent enforcement. Driven by its commercial interest, the tobacco industry
has actively promoted both, and has since been correctly identified as the
primary vector of this epidemic.’ Battling this epidemic should be an urgent
concern especially in the developing countries, where over 80% of the world’s
smokers come from. In the Philippines, an estimated 87,600 Filipinos die every
year due to tobacco-related illnesses, or 240 Filipinos daily ?

As a State Party to the World Health Organization (“WHO”) Framework
Convention on Tobacco Control (“FCTC"), the world’s first public health treaty
which aims to address the global tobacco epidemic and provide protection to the
world’s population against the health hazards of tobacco use and tobacco smoke,
the Philippines has an international obligation to uphold the principles contained

See Sungkyu Lee, Pamela M. Ling, Stanton A. Glantz, The vector of the tobacco epidemic: tobacco
industry practices in low and middle-income countries, 23 Cancer Causes Control 117, 117-129 (2012).

? WHO, Report on the Global Tobacco Epidemic, Geneva: WHO Press (2008), online at

/wwrw. who int/tobacco/mpower/mpower report full 2008.pdf (visited May 31, 2015).

* WHO, Global Report Mortality Attributable to Tobacco, Geneva: WHO Press (2012), online at
hitp://whalibdoc.who nt/oublications/2012/9789241564434 eng.pdf (visited May 31, 2015); See also
Department of Health and Human Services, Public Health Service, Centers for Disease Control and
Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and
Health, Global Tobacco Surveillance System 2009: Philippines’ GATS: Global Adult Tobacco Survey -
Country Report, Atlanta GA (2012), online at

htto://www.who..int/tobacco/surveillance/2009_gats report_philippines.pdf (visited May 31, 2015).



therein in good faith. The Philippines signed and ratified the FCTC in 2003, and
the Senate concurred in 2005. In accordance with Section 21, Article VII of the
1987 Constitution of the Republic of the Philippines, the FCTC forms part of the laws
of the land? and has the force and effect of law in the Philippines. This treaty
demonstrates global political will to strengthen tobacco control measures in
order to save lives. The FCTC is legally binding and as such provides a solid
foundation for countries to implement and manage effective tobacco control
measures to address the tobacco epidemic. One such effective measure mandated
by the FCTC is enforcing a comprehensive ban on tobacco advertising,
promotions, and sponsorships (TAPS).

The evidence is clear that TAPS increase tobacco use and that
comprehensive bans on TAPS decrease tobacco use. TAPS activities project an
image of success, fun, and glamour to tobacco products that lure new users,
especially the youth, into a lifetime of addiction. These deceive consumers into
believing that tobacco is an ordinary consumer product, and not one that kills
half of its regular users when used exactly as the manufacturer intended. In fact,
Article 13.1 of the FCTC contains an explicit recognition among Parties that “a
comprehensive ban on advertising, promotion and sponsorship would reduce
the consumption of tobacco products.”

Republic Act No. 9211 or the Tobacco Regulation Act of 2003 (“RA 9211”)
became effective in 2003, two years before the WHO FCTC came into force. The
main policy areas of RA 9211 include: (a) smoke-free environments, (b) sale to
minors, (c) health warnings, and (d) advertising, promotions, and sponsorships.
It should be noted that a comprehensive ban on all TAPS is not provided for
under RA 9211. There is a gap in the Philippines’ obligation to implement Article
13 of the WHO FCTC as a result of the fact that the so-called “comprehensive”
ban on advertising admits of exceptions for point-of-sale retail establishments,
and there are only regulations imposed for promotions. Moreover, there is the
issue on enforcement, particularly on certain restrictions on TAPS that are
conditioned on age” or distance from schools, public playground or other facility
frequented particularly by minors. It is but time that the paramount objectives
of R.A, 9211 be finally realized, Section 3 (c) of which provides for the regulation
and subsequent banning of all tobacco advertisements and sponsorships.

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

As District ff Aghsan tel Norte

“Vienna Convention on the Law on Treaties, U.N. Doc. A/C.39/27 (1969), Art. 26. (the time-honored
international principle of pacto sunt servanda demands the performance in good faith of treaty
obligations on the part of the states that enter into the agreement).

const, Art. Vil, §21: "No treaty or international agreement shall be valid and effective unless concurred
in by at least two-thirds of all the Members of the Senate.”

© Luna v. Court of Appeals, G.R. No. 100374-75, 216 SCRA 107 (1992).

7 RA 9211, Sections 18, 19, 20, 21, 23, 25, and 27.

* id., Section 10 and 17(a).


Republic of the Philippines
HOUSE OF THE REPRESENTATIVES

Seventeenth Congress
First Regular Session

or 4713

House Bill No.

Introduced by Hon. Lawrence Lemuel H. Fortun

“AN ACT
PROVIDING FOR THE COMPREHENSIVE BANNING OF ALL FORMS OF
TOBACCO ADVERTISING, PROMOTIONS AND SPONSORSHIPS IN THE
PHILIPPINES, THEREBY AMENDING REPUBLIC ACT 9211, OTHERWISE
KNOWN AS THE TOBACCO REGULATION ACT OF 2003”

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

Section 1, Section 2 of Republic Act 9211, as amended, otherwise known as
the Tobacco Regulation Act of 2003, is hereby amended to read as follows:

SECTION 2. Policy.— It is the policy of the State to protect the
populace from hazardous products and promote the right to health
and instill health consciousness among them. It is also the policy of
the State, consistent with the Constitutional ideal to promote the
general welfare, to safeguard the interests of the workers and other
stakeholders in the tobacco industry. For these purposes, the
government shall institute a policy whereby the use, sale and
advertisements of tobacco products shall be regulated in order to
promote a healthful environment and protect the citizens from the
hazards of tobacco smoke:

Section 2. Section 4 of the same Act is hereby amended by inserting
paragraphs (v), (w), and (x) to read as follows:

“Section 4. Definition of Terms. As used in this Act:

(V) “TOBACCO ADVERTISEMENT AND PROMOTION” REFERS
TO ANY FORM OF COMMERCIAL COMMUNICATION,
RECOMMENDATION, OR ACTION WITH THE AIM, EFFECT
OR LIKELY EFFECT OF PROMOTING A TOBACCO PRODUCT
OR TOBACCO USE, EITHER DIRECTLY OR INDIRECTLY,
INCLUDING BUT NOT LIMITED TO, PUBLIC DISPLAY OF
TOBACCO PRODUCTS, ANY MESSAGE OR IMAGE
PROMOTING SMOKING, TOBACCO USE, TOBACCO
PRODUCTS, BRAND NAMES, OR TOBACCO COMPANY


NAMES, LOGOS, INSIGNIAS OR ANY PROMOTIONAL
MATERIAL OR STRUCTURE THAT CONTAINS THESE, SUCH
AS, BUT NOT LIMITED TO, POSTERS, STREAMERS, SIGNAGES,
STANDEES, BILLBOARDS, FLIERS, UMBRELLAS, PARASOLS,
BUNTINGS, AWNINGS, TARPAULINS, STORE DISPLAY, CDS,
FILM, T-SHIRTS, CAPS, SWEATSHIRTS, VISORS, BACKPACKS,
SUNGLASSES, WRITING IMPLEMENT TOWELS, MUGS,
CANDIES, STICKERS, ASHTRAYS, PAPER NAPKIN HOLDERS,
LIGHTERS AND THE LIKE;

(W). “TOBACCO INDUSTRY” ~ REFERS TO ORGANIZATION,
ENTITIES, ASSOCIATION: ND INDIVIDUALS THAT WORK
FOR AND IN BEHALF OF THE TOBACCO INDUSTRY, SUCH AS
BUT NOT LIMITED TO TOBACCO MANUFACTURERS,
WHOLESALE DISTRIBUTORS, IMPORTERS OF TOBACCO
PRODUCTS, TOBACCO RETAILERS, FRONT GROUPS AND/OR
ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO
LAWYERS, SCIEN’ 'S AND LOBBYISTS WHO WORK TO.
FURTHER THE INTERESTS OF THE TOBACCO INDUSTRY.

(X) “TOBACCO SPONSORSHIP” RI RS TO ANY FORM OF
CONTRIBUTION TO ANY EVENT, ACTIVITY, INDIVIDUAL OR
PERSON, WHETHER JURIDICAL OR NON-JURIDICAL, WITH
THE AIM, EFFECT OR LIKELY EFFECT OF PROMOTING A
TOBACCO PRODUCT OR TOBACCO USE EITHER DIRECT) Y
OR INDIRECTLY.”

Section 3. Comprehensive Ban on All Forms of Tobacco Advertisement,
Promotions and Sponsorship. Upon the effectivity of this Act, all forms of
tobacco advertisements, promotions and sponsorships, and any advertisement,
promotions and sponsorships that indirectly promote tobacco products are
prohibited, without any exceptions.

Section 4. A new provision is hereby inserted into Republic Act 9211 as
Section 13-A to read as follows:

“SECTION 13-A. PROHIBITED ACTS. - THE FOLLOWING ACTS
ARE PROHIBITED:

(A) PLACING, POSTING, OR DISPLAYING TOBACCO
ADVERTISEMENTS AND PROMOTION ITEMS INCLUDING
TOBACCO PRODUCTS IN ANY PLACE, EXCEPT FOR THE
PLACEMENT OF A SINGLE SIMPLE SIGN WITH WHITE
BACKGROUND AND BLACK FONT AND NOT EXCEEDING
TWELVE INCHES BY EIGHTEEN INCHES (12”X 18”) IN SIZE
STATING ONLY THE FOLLOWING: “TOBACCO PRODUCTS


77 AVAILABLE. HERE” INSIDE POINT-OF-SALE
78 ESTABLISHMENTS;

7

80 (B) PROMOTING, DIRECTLY OR INDIRECTLY, TOBACCO
81 PRODUCTS AND/OR TOBACCO PRODUCT SUBSTITUTES
82 IN AN EVENT, ACTIVITY, PROGRAM OR PROJECT WHERE
83 A TOBACCO COMPANY IS A_ PARTICIPANT AS
84 FACILITATOR, SPONSOR, CONTRIBUTOR, DONOR OR
85 BENEFACTOR, WHETHER OR NOT THE SAME IS PART OF
86 ITS CORPORATE SOCIAL RESPONSIBILITY ACTIVITIES;

87

88 (C) ENGAGING IN ANY FORM OF TOBACCO
89 ADVERTISEMENT AND PROMOTION.

90

91

92

93 Section 5. A new provision is hereby inserted into Republic Act 9211
94 as Section 32-A to read as follows:

95

96 SECTION 32-A. VIOLATIONS OF SECTION 13-A SUBSECTIONS
97 A, B, AND C BY MANUFACTURERS, IMPORTERS, AND
98 DISTRIBUTORS - ON THE FIRST OFFENSE, A FINE OF NOT
99 MORE THAN FIVE HUNDRED THOUSAND PESOS (P500,000.00)
100 OR IMPRISONMENT OF NOT MORE THAN ONE (1) YEAR, OR
101 BOTH AT THE DISCRETION OF THE COURT.
102
103 ON THE SECOND OFFENSE, A FINE OF SEVEN HUNDRED
104 FIFTY THOUSAND (PHP 750,000.00) OR IMPRISONMENT OF
105 NOT MORE THAN TWO (2) YEARS, OR BOTH AT THE
106 DISCRETION OF THE COURT.
107
108 ON THE THIRD OFFENSE, A FINE OF ONE MILLION PESOS
109 (PHP 1,000,000) OR IMPRISONMENT OF NOT MORE THAN
110 THREE (3) YEARS, OR BOTH AT THE DISCRETION OF THE
feet couRT.
112
113 THE BUSINESS PERMITS AND LICENSES, IN THE CASE OF A
114 BUSINESS ENTITY OR ESTABLISHMENT, SHALL BE REVOKED
115 OR CANCELLED.
116
117 IN THE CASE OF A BUSINESS ENTITY OR ESTABLISHMENT,
118 THE OWNER, PRESIDENT, MANAGER OR OFFICIALS
119 THEREOF SHALL BE LIABLE.

120

121 IF THE GUILTY OFFICER IS AN ALIEN, HE SHALL
122 SUMMARILY BE DEPORTED AFTER SERVING HIS SENTENCE,
123 AND SHALL BE FOREVER BARRED FROM RE-ENTERING THE

124 PHILIPPINES.


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SECTION 32-A. VIOLATIONS OF SECTION 13-A SUBSECTION
A BY POINT OF SALE ESTABLISHMENTS. —

IN THE CASE OF POINT OF SALE ESTABLISHMENTS THE
VIOLATIONS OF SECTION 13-A SUBSECTION A SHALL BE
FIVE HUNDRED PESOS (PHP500.00) EACH DAY OF
VIOLATION FOR MICRO BUSINESS ENTERPRISE; ONE
THOUSAND PESOS (PHP1000.00) EACH DAY OF VIOLATION
FOR SMALL SCALE BUSINESS ENTERPRISE AND ONE
THOUSAND FIVE HUNDRED PESOS (PHP1500.00) EACH DAY
OF VIOLATION FOR MEDIUM SCALE BUSINESS ENTERPRISE.

THE MICRO, SMALL AND MEDIUM ENTERPRISES (MSMES)
SHALL REFER TO THOSE AS DEFINED IN REPUBLIC ACT 9501,
AS AMENDED.

IN THE CASE OF SARI SARI STORES OR A NEIGHBORHOOD
VARIETY STORE WITH AN INVESTMENT OF LESS THAN,
FIFTY THOUSAND PESOS (P50,000), VIOLATIONS COMMITTED
AGAINST SECTION 13.A SUBSECTION A - THE REGISTERED
OWNER SHALL BE PUNISHED WITH A WARNING ON THEIR:
FIRST OFFENSE; FIVE HUNDRED PESOS (P500.00) PENALTY
ON THEIR SECOND OFFENSE AND CLOSURE OF THEIR
BUSINESS OPERATIONS ON THEIR THIRD OFFENSE.

Section 6, Implementing Rules.—The Inter-Agency Committee on Tobacco
(IAC-Tobacco) shall promulgate such rules and regulations necessary for the
effective implementation of this Act within three (3) months from the date of
publication of this Act. The said rules and regulations shall be submitted to
the Congressional Oversight Committee-Tobacco (COC-Tobacco) for its
review. The COC-Tobacco shall approve the implementing rules and
regulations within thirty (30) working days of receipt thereof: Provided, That
in the event the implementing rules and regulations are not promulgated
within the specified period, the specific provisions of this Act shall
immediately be executory.

Section 7. Appropriations. — The amount necessary to implement the
provisions of this Act shall be charged against the current year’s
appropriations of the concerned national government agencies. Thereafter,
such funds as may be necessary for the continued implementation of this Act
shall be included in the budgets of the concerned national government
agencies under the annual General Appropriations Act.

Section 8. Repealing Clause ~ All laws, executive orders, ordinances, rules
and regulations and other issuances, or any part thereof, inconsistent with
this Act are hereby repealed, modified or amended accordingly.


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Section 9. Separability Clause-—— Should any provision of this Act be
subsequently declared unconstitutional, the other provisions not so declared
shall remain in full force and effect.

Section 10. Effectivity.—This Act shall take effect fifteen (15) days after its
publication in the Official Gazette and at least two (2) newspapers of national

circulation.

Adopted,