Republic of the Philippines
HOUSE OF REPRESENTATIVES|
Quezon City, Metro Manila

DATE: 4 J 99
a:

TINE:

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 317

Introduced by Representative H. Harry L. Roque, Jr.

“AN ACT STRENGTHENING THE INTER-AGENCY COMMITTEE-TOBACCO
(IAC-TOBACCO) TO ENSURE COMPLIANCE WITH ARTICLE 5.3 OF THE
WORLD HEALTH ORGANIZATION FRAME WORK CONVENTION ON
TOBACCO CONTROL (WHO FCTC) THEREBY AMENDING FOR THIS
PURPOSE SECTIONS 2, 4, 29, 31, 32, 36 AND 39 OF REPUBLIC ACT 9211,
OTHERWISE KNOWN AS THE TOBACCO REGULATION ACT OF 2003”

EXPLANATORY NOTE

‘The Philippines has a solemn obligation to protect and promote the right to
health, which is intimately linked with the self-preservation and self-perpetuation of
the Filipino people. Article Il, Section 15 of the 1987 Philippine Constitution
mandates that the State “shall protect and promote the right to health of the people
and instill health consciousness among them."

In the Philippines, at least eighty seven thousand six hundred (87,600)
Filipinos die every year from tobacco-related diseases, or approximately two
hundred forty (240) deaths every day. In 2009, the Philippines was revealed to have
one of the highest smoking populations in the world, ranking 9% for males and 16%
for females. These figures underscore the urgent need to adopt and implement more
effective measures to curb tobacco consumption.

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

Department of Health National Tobacco Control Coordinating Office, data available at
<<htip://www.beat-tobacco.phinational-tobacco-control-strategy/introduction/>Last _ accessed on 14
January 2014; see also Quimbo SLA, Casorla AA, Miguel-Baquilod M, Medalla FM, Xu X, Chaloupka
FJ. (2012), The Economics of Tobacco and Tobacco Taxation in the Philippines, Paris: International
Union Against Tuberculosis and Lung Disease.

2 American Cancer Society (2008); The Tobacco Atlas, Srd ed., 23-26.

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HOUSE OF REPRESENTATIVES:
RECEIVED


Protection against tobacco industry interference? is an indispensable
requirement to the realization of all provisions of the WHO FCTC. This is premised
on the principle that there is a fundamental and irreconcilable conflict between the
tobacco industry’s interests and public health policy interests.“Recognizing the need
to counter the tobacco industry's efforts to undermine tobacco controlSand to inform
the public of the tobacco industry's efforts to undermine tobacco control
measures,‘Article 5.3 of the FCTC states that “[iJn setting and implementing their
public health policies with respect to tobacco control, Parties shall act to protect these
policies from commercial and other vested interests of the tobacco industry in
accordance with national law.” Article 5.3 is grounded in extensive evidence
showing that the tobacco industry has been subverting tobacco control measures on
a global scale” The tobacco industry has vast accesses to resources and employs
sophisticated techniques to impede tobacco control measures

Republic Act No. 9211 or the Tobacco Regulation Act of 2003 (“RA 9211”), the
first comprehensive law on tobacco control in the Philippines, became effective in
2003, two years before the FCTC came into force. The main policy areas of RA 9211
are: (a) smoke-free environment, (b) sale to minors, (c) health warnings, and (d)
advertising, promotions, and sponsorships. RA 9211 created the Inter-Agency
Committee-Tobacco (“IAC-T") to implement the provisions of the Act. Significantly,
Section 29 (g) of RA 9211 provides that a “representative from the Tobacco Industry
to be nominated by the legitimate and recognized associations of the industry” be
among the members of the IAC-T. The representation of tobacco industry interests in
a regulatory body mandated to implement, enforce, and monitor the implementation
of a tobacco control measure contravenes Article 5.3 of the WHO FCTC. Notably, RA
9211 does not contain any provision prohibiting and/or preventing tobacco industry
interference with public health policies, nor does it contain any safeguards for its
member agencies and organizations to be protected from tobacco industry tactics.
Hence, RA 9211, which specifically created the IAC-T to implement the provisions of
the law, must be urgently amended.

There is a gap in the implementation of the Philippines’ obligation to
implement Article 5.3 of the WHO FCTC as a result of the composition of the IAC-T
under RA 9211. Considering the vast range of forms that tobacco industry
interference may take, it is necessary to alter the composition of the IAC-T under RA
9211 to eliminate the main venue by which the tobacco industry is able to exert its
commercial and vested interests through its participation in the government's
administration and implementation of tobacco control measures.

S"Tobacco industry interference” refers to the broad array of tactics utilized by the tobacco industry to

interfere with or influence public health measures related to tobacco control in order to promote its

interests

“Guidelines for implementation of Article 5.30of the WHO Framework Convention on Tobacco Control

(FCTC Guidelines’), Conference of the Parties, Decision WHO FCTCICOP2(14), available at
Shueow who int FCTC/quidelines/adoptediquidel 201 1/en/>

5 WHO FCTC, Preamble.

© World Health Assembly (‘WHA’) Resolution WHAS4.16, citing the findings of the Committee of Experts

‘on Tobacco Industry Documents; WHO, Tosacco CoMPaNY STRATEGIES TO UNDERMINE TOBACCO

ConrRot Activities AT THE WHO (July 2000),

TWHAS4.18.

® Briefing Paper: Implementing Article 5.3, from the Second Session of the Conference of the Parties to

the WHO FCTC, available at <http:/Awww WHO FCTC.org/images/stories/2007/fca-2007-cop-articles-3-

cop2-briefing-en paf>, last accessed 10 August 2074.

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‘As a State Party to the FCTC, the Philippines is internationally bound to
comply with its treaty obligations in good faith and to show political commitment
not to undermine the objectives set out in the FCTC.Hence, the immediate approval
of this Bill requiring the removal of the tobacco industry in the IACT is earnestly
sought.

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

LEVY

REP. H. HARRY L. ROQUE, JR.

®Secretary of Justice vs. Hon. Ralph C. Lantion, supra; Vienna Convention on the Law of Treaties,
Section 26

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32

238

SSRHRREBE

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

917

HOUSE BILL NO.

Introduced by Representative H. Harry L. Roque, Jr. KABAYAN Partylist

AN ACT
STRENGTHENING THE INTER-AGENCY COMMITTEE-TOBACCO (IAC-
TOBACCO) TO ENSURE COMPLIANCE WITH ARTICLE 5.3 OF THE WORLD
HEALTH ORGANIZATION FRAME WORK CONVENTION ON TOBACCO
CONTROL (WHO FCTC) THEREBY AMENDING FOR THIS PURPOSE
SECTIONS 2, 4, 29, 31, 32, 36 AND 39 OF 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:

SEC. 1. Section 2 of Republic Act 9211, 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. 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.

SEC. 2. Section 4 of the same Act is hereby amended by inserting new paragraphs to
read as follows and the same are hereby renumbered accordingly:

“Section 4, Definition of Terms - As used in this Act:
XXX

(V) “TOBACCO INDUSTRY” - REFERS TO ORGANIZATIONS,
ENTITIES, ASSOCIATIONS, AND 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

Page 4 of 8


ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO
LAWYERS, SCIENTISTS AND LOBBYISTS WHO WORK TO
FURTHER THE INTERESTS OF THE TOBACCO INDUSTRY; AND

(W) “UNECESSARY INTERACTIONS” - REFERS TO ALL
INTERACTIONS WITH THE TOBACCO INDUSTRY THAT IS
NOT STRICTLY NECESSARY FOR THE LATTER'S EFFECTIVE
REGULATION, SUPERVISION AND CONTROL.”

worsen

SEC. 3. Section 29 of the same Act is hereby further amended to delete sub-
paragraph h. to read as follows:

SECTION 29.Implementing Agency. — An _ Inter-Agency
Committee—Tobacco CONTROL (IAC-Tobacco CONTROL), which
shall have the exclusive power and function to administer and
implement the provisions of this Act, is hereby created. The IAC-
Tobacco CONTROL shall be chaired by the Secretary of the
DEPARTMENT OF HEALTH (DOH) with the Secretary of the
DEPARTMENT OF EDUCATION (DEPED) as Vice Chairperson. The
JAC-Tobacco CONTROL shall have the following as members:

REBSBIAGE

a. Secretary of the Department of Agriculture (DA);

b. Secretary of the Department of Justice (DO));

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 (DOS);

£. Secretary of the DEPARTMENT OF TRADE AND INDUSTRY
(DT); AND;

g. ONE (1) representative EACH from AT LEAST THREE (3)
nongovernment organizations (NGOS) involved in public health
promotion, WITHOUT ECONOMIC AND/OR FIDUCIARY TIES
TO THE TOBACCO INDUSTRY, OR DO NOT KNOWINGLY
REPRESENT OR RECEIVE PAYMENT FROM ANY TOBACCO
PRODUCT MANUFACTURER OR WHOLESALER, OR ANY
PARENT, AFFILIATE OR SUBSIDIARY OF A TOBACCO
PRODUCT MANUFACTURER OR WHOLESALER, OR ANY
PERSON, INTEREST GROUP, ADVOCACY ORGANIZATION,
LAW FIRM, ADVERTISING AGENCY, OR OTHER BUSINESS
OR ORGANIZATION THAT REPRESENTS THE INTERESTS OF
THE TOBACCO INDUSTRY, nominated by DOH in consultation
with the concerned NGOs.”

SESEEEES

50 THE DEPARTMENT SECRETARIES SHALL DESIGNATE THEIR
31 RESPECTIVE AUTHORIZED PERMANENT REPRESENTATIVE TO

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THE IAC-TOBACCO CONTROL; PROVIDED, SAID PERMANENT

1

2 REPRESENTATIVE SHALL HAVE A RANK NOT LOWER THAN
3 ASSISTANT SECRETARY.

4

5 THE DEPARTMENT SECRETARIES SHALL DESIGNATE THEIR
6 RESPECTIVE AUTHORIZED PERMANENT REPRESENTATIVE TO
7 THE IAC-TOBACCO CONTROL; PROVIDED, SAID PERMANENT
8 REPRESENTATIVE SHALL HAVE A RANK NOT LOWER THAN:
9 ASSISTANT SECRETARY.

10

u IN ORDER TO FACILITATE COORDINATION AMONG MEMBERS:
12 OF THE IAC-TOBACCO CONTROL, THE DEPARTMENT OF
13 HEALTH AS THE LEAD AGENCY SHALL PROVIDE THE
14 SECRETARIAT. THE SECRETARIAT SHALL ACT AS THE
15 COORDINATING BODY OF THE IAC-TOBACCO CONTROL AND
16 SHALL PROVIDE THE FOLLOWING FUNCTIONS SUCH AS, BUT
17 NOT LIMITED TO, SETTING OF MEETINGS, MANAGING OF
18 IMPORTANT LOGISTICS AND CIRCULATION OF INFORMATION
19 AND DOCUMENTS AMONG MEMBERS.

21 SEC. 4. A new provision is hereby inserted to be denominated as Section 29-A to
22 read as follows:

24 SECTION 29-A. PROTECTION OF THE IAC-T FROM TOBACCO
25 INDUSTRY INTERFERENCE. -ALL MEMBERS OF THE IAC-T ARE
26 PROHIBITED FROM INTERACTING WITH THE TOBACCO
21 INDUSTRY, EXCEPT WHEN STRICTLY NECESSARY FOR ITS
28 EFFECTIVE REGULATION, SUPERVISION AND CONTROL. ANY
29 NECESSARY INTERACTION MUST BE CONDUCTED PUBLICLY
30 AND TRANSPARENTLY, AND EFFORTS MUST BE TAKEN TO
31 PREVENT OR CORRECT ANY PERCEPTION OF PARTNERSHIP
32 WITH THE TOBACCO INDUSTRY.

34 ALL MEMBERS OF THE IAC-T ARE STRICTLY PROHIBITED FROM
35 ACCORDING PREFERENTIAL TREATMENT TO THE TOBACCO
36 INDUSTRY; SOLICITING OR ACCEPTING ANY GIFT, GRATUITY,
37 FAVOR, ENTERTAINMENT OR ANYTHING OF MONETARY
38 VALUE FROM THE TOBACCO INDUSTRY; FAILING TO
39 DISCLOSE, RETAINING, AND/OR ACQUIRING ANY FINANCIAL
40 OR MATERIAL INTEREST IN, OR OTHER POTENTIAL SOURCE OF
41 CONELICT OF INTEREST WITH THE TOBACCO INDUSTRY; AND
2 ACCEPTING ANALOGOUS FAVORS FROM THE TOBACCO
43 INDUSTRY.

45 SEC. 5. Section 31 of the same Act is hereby further amended to read as follows:

47 SECTION 31. Compliance Monitoring.—Not later than one (1) year
48 after the date of the effectivity of this Act, and annually thereafter, the
49 TAC-Tobacco CONTROL shall submit to the President of the
50 Philippines and to both Houses of Congress a Compliance Monitoring
31 Report on the compliance of the manufacturers on all applicable laws

Page 6 of 8


and ordinances with respect to the manufacture and distribution of

1

2 tobacco products.

4 The report shall contain pertinent information on the methods, goals
3 and implementation program of said manufacturers with respect to
6 the requirements of this Act.

a

8 A SEPARATE REPORT SHALL BE SUBMITTED BY THE MEMBERS

9 OF THE IAC-TOBACCO CONTROL ENUMERATING THE

10 MEASURES ESTABLISHED TO LIMIT INTERACTIONS WITH THE

u TOBACCO INDUSTRY AND ENSURE THE TRANSPARENCY OF

2 THOSE INTERACTIONS THAT OCCUR, AS WELL AS POLICIES

B IMPLEMENTED TO PROTECT THEIR AGENCIES FROM

4 TOBACCO INDUSTRY INTERFERENCE.

15
16 SEC. 6. Section 32 of the same Act is hereby further amended by inserting a new
17 paragraph to read as follows:

19 “SECTION 32. Penalties. — The following penalties shall apply:

20

21 XXX

2

23 D. VIOLATION OF SECTIONS 29-A. - IF THE OFFENDER IS A

PUBLIC OFFICIAL, HE SHALL BE SUBJECT TO ADMINISTRATIVE
DISCIPLINARY ACTION PURSUANT TO RULE XIV (DISCIPLINE)
OF THE OMNIBUS RULES IMPLEMENTING BOOK V OF EO 292,
AS MAY BE AMENDED, MODIFIED, CHANGED, ADDED TO,
DELETED FROM, OR SUPERSEDED BY THE ENACTMENT OF
ANY NEW LAW, WITHOUT PREJUDICE TO THE CRIMINAL
AND/OR CIVIL ACTIONS UNDER EXISTING LAWS, RULES, AND
REGULATIONS.

SEC. 7. A new provision is hereby inserted to be denominated as Section 36-A to
read as follows:

SECTION 36-A. 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 COURTS OR ADMINISTRATIVE BODY AGAINST
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
ACT OR ITS IMPLEMENTING RULES AND REGULATIONS.

THE ADMINISTRATIVE, CIVIL AND CRIMINAL ACTIONS
ALLOWED UNDER THIS SECTION SHALL BE CUMULATIVE

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AND CUMULATIVE AND SHALL NOT PRECLUDE ANY OTHER
PERSON FROM FILING A SIMILAR ACTION.

THE COURT SHALL EXEMPT SUCH ACTION FROM THE
PAYMENT OF FILING FEES AND STATEMENTS LIKEWISE,
UPON PRIMA FACIE SHOWING OF THE NON-ENFORCEMENT
OR VIOLATION COMPLAINED OF, EXEMPT THE PLAINTIFF
FROM THE FILING OF AN INJUNCTION BOND FOR THE
ISSUANCE OF PRELIMINARY INJUNCTION. IN THE EVENT
THAT THE CITIZEN SHOULD PREVAIL, THE COURT SHALL
AWARD REASONABLE ATTORNEY'S FEES, MORAL DAMAGES
AND LITIGATION COSTS AS APPROPRIATE.

SEC. 8. Repealing Clause. - All laws, decrees, presidential proclamations, executive
orders, rules and regulations or parts thereof inconsistent herewith, are hereby
repealed or modified accordingly.

SEC. 9, Separability Clause. - If any provision of this Act is held invalid or declared
unconstitutional, the other provisions which are not affected thereby shall remain
valid and subsisting

SEC. 10. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in two (2) newspapers of general circulation,

whichever comes first.

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