HOUSE OF REF TATIVES
RECEIVED
pate:_0 4 Jlil_ 2016

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

SEVENTEENTH CONGRESS,
‘ist Regular Session

25

House Bill No. iad

RECISTRATION UNIT
BILLS AND INDEX SERVICE

Introduced by Hon. Francis Gerald Aguinaldo Abaya

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 II, 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.

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 control and to inform the

* Department of Health National Tobacco Control Coordinating Office, data available at
http://www. beat-tobacco,ph/national-tobacco-control-strateay/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.

? American Cancer Society (2009); The Tobacco Atlas, 3" ed., 23-25.

° “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.


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, 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 (ACT) to implement the provisions of the Act. Significantly, Section 29 () 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 IACT. The representation of tobacco industry interests in a regulatory body
mandated to implement, enforce, and monitor the implementation of a tobacco control
measure is in contravention of Article 5.3 of the WHO FCTC. Notably, RA 9211 does
not contain any provision addressing tobacco industry interference nor does it contain
any safeguards for its member agencies and organizations to be protected from
tobacco industry tactics. RA 9211 established the IACT to implement the provisions of
the Act.

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 IACT under RA
9211. Considering the vast range of forms that tobacco industry interference may take,
it is necessary to alter the composition of the IACT under RA 9211 so as 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.

As a State party to the FCTC, the Philippines is internationally bound to comply
with its treaty obligations in good faith and show political commitment not to undermine
the objectives set out in the FCTC.

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

-
Ks tbes on Sialo0 ABAYA

Representative, First District, Cavite

4 World Health Assembly (WHA) Resolution WHA54.18

® Briefing Paper: Implementing Article 5.3, from the Second Session of the Conference of the
Parties to the WHO FCTC, available at <http:/ww. WHO FCTC.org/images/stories/2007/fea-
2007-cop-article5-3-cop2-briefing-en.pdf>, last accessed 10 August 2014.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

925

House Bill No.

Introduced by Hon. Francis Gerald Aguinaldo Abaya

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)

SECTION 1. Section 2 of Republic Act 9211, otherwise known as the Tobacco

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2. Regulation Act of 2003, is hereby amended to read as follows:

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4 SECTION 2. Policy—It is the policy of the State to protect the populace from
5 hazardous products and promote the right to health and instill health consciousness
6 among them. [It is-also-the-policy of the State--consistent with the Constitutional ideal
7 to promote -the-general welfare, to safeguard_the-interests-of the-workers-and-other
8 stakeholders_in_the-tobacce-industry.] For these purposes, the government shall
9 institute a [balanced] policy whereby the use, sale and advertisements of tobacco
10 products shall be regulated in order to promote a healthful environment and protect
ul the citizens from the hazards of tobacco smoke[,-and-at the-same-time-ensure that the
12 terests-of tobacco-f growers, -workers-and-stakeholdi ot-adversely
13 compromised],

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15 SECTION 2. Section 4 of the same Act is hereby amended by inserting new

16 paragraphs to read as follows and the same are hereby renumbered accordingly:
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18 “Section 4. Definition of Terms - As used in this Act:
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20 XXX

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(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 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.”

SECTION 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 Trade-andtadustry {DT)] DEPARTMENT OF
HEALTH (DOH) with the Secretary of the [Department-of Health{DOH)]
DEPARTMENT OF EDUCATION (DEPED) as Vice Chairperson. The IAC-
Tobacco CONTROL 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);

4. 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)] DEPARTMENT OF
TRADE AND INDUSTRY (DTI); AND;

Ig-Administrator of the national Tob. \dmministration (NTA)]

[1 G. ONE (1) representative EACH from [a] 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.”

THE DEPARTMENT SECRETARIES SHALL DESIGNATE THEIR
RESPECTIVE AUTHORIZED PERMANENT REPRESENTATIVE TO THE
AC-TOBACCO. CONTROL; PROVIDED, SAID PERMANENT
REPRESENTATIVE SHALL HAVE A RANK NOT LOWER THAN ASSISTANT
SECRETARY.

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

IN ORDER TO FACILITATE COORDINATION AMONG MEMBERS OF THE
1AC-TOBACCO CONTROL, THE DEPARTMENT OF HEALTH AS THE LEAD
AGENCY SHALL PROVIDE THE SECRETARIAT. THE SECRETARIAT
SHALL ACT AS THE COORDINATING BODY OF THE IAC-TOBACCO
CONTROL AND SHALL PROVIDE THE FOLLOWING FUNCTIONS SUCH
AS, BUT NOT LIMITED TO, SETTING OF MEETINGS, MANAGING OF
IMPORTANT LOGISTICS AND CIRCULATION OF INFORMATION AND
DOCUMENTS AMONG MEMBERS.

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

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

43 ALL MEMBERS OF THE IAC-T ARE STRICTLY PROHIBITED FROM
44 ACCORDING PREFERENTIAL TREATMENT TO THE TOBACCO
45 INDUSTRY; SOLICITING OR ACCEPTING ANY GIFT, GRATUITY, FAVOR,
46 ENTERTAINMENT OR ANYTHING OF MONETARY VALUE FROM THE

47 TOBACCO INDUSTRY; FAILING TO DISCLOSE, RETAINING, AND/OR


ACQUIRING ANY FINANCIAL OR MATERIAL INTEREST IN, OR OTHER
POTENTIAL SOURCE OF CONFLICT OF INTEREST WITH THE TOBACCO
INDUSTRY; AND ACCEPTING ANALOGOUS FAVORS FROM THE
TOBACCO INDUSTRY.

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

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SECTION 31. Compliance Monitoring.—Not later than one (1) year after the
date of the effectivity of this Act, and annually thereafter, the IAC-Tobacco
CONTROL shall submit to the President of the Philippines and to both Houses
of Congress a Compliance Monitoring Report on the compliance of the
manufacturers on all applicable laws and ordinances with respect to the
manufacture and distribution of tobacco products.

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

A SEPARATE REPORT SHALL BE SUBMITTED BY THE MEMBERS OF
THE IAC-TOBACCO CONTROL ENUMERATING THE MEASURES
ESTABLISHED TO LIMIT INTERACTIONS WITH THE TOBACCO
INDUSTRY AND ENSURE THE TRANSPARENCY OF THOSE
INTERACTIONS THAT OCCUR, AS WELL AS POLICIES IMPLEMENTED
TO PROTECT THEIR AGENCIES FROM TOBACCO INDUSTRY

INTERFERENCE.
27 SECTION 6. Section 32 of the same Act is hereby further amended by inserting a new
28 paragraph to read as follows:
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30 “SECTION 32. Penalties. —The following penalties shall apply:
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32 XXX
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34 D. VIOLATION OF SECTIONS 29-A. - IF THE OFFENDER IS A PUBLIC
35 OFFICIAL, HE SHALL BE SUBJECT TO ADMINISTRATIVE DISCIPLINARY
36 ACTION PURSUANT TO RULE XIV (DISCIPLINE) OF THE OMNIBUS
37 RULES IMPLEMENTING BOOK V OF EO 292, AS MAY BE AMENDED,
38 MODIFIED, CHANGED, ADDED TO, DELETED FROM, OR SUPERSEDED
39 BY THE ENACTMENT OF ANY NEW LAW, WITHOUT PREJUDICE TO THE
40 CRIMINAL AND/OR CIVIL ACTIONS UNDER EXISTING LAWS, RULES, AND
41 REGULATIONS.
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43 SECTION 7. A new provision is hereby inserted to be denominated as Section 36-A to
44 read as follows:
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46 SECTION 36-A. CITIZEN SUITS. - FOR PURPOSES OF ENFORCING THE

47 PROVISIONS OF THIS ACT OR ITS IMPLEMENTING RULES AND


SowridsHavne

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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 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.

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

SECTION 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

SECTION 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.

Approved,