RECEIVED

S ,, D1wuL 208

Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City
es
SIXTEENTH CONGRESS
First Regular Session S
oe a
House Bill No. 299

introduced by Rep. Eulogio “Amang” R. Magsaysay

EXPLANATORY NOTE

Article I, Section 15 of the Constitution provides that the State shall protect and promote the
right to health of the people and instill health consciousness among them. Further, Article XII, Section
11 of the same mandates that the State shall adopt an integrated and comprehensive approach to
health development. However, there is still a need for more health-related legislation to achieve the
aforementioned ideals. This is true especially in highly urbanized areas like Metro Manila and low-
income local government units (LGUs) where various health problems are prevalent. One of these
problems is the incidence of tuberculosis (TB), which, though curable, ranks 6" among the top leading
causes of mortality and morbidity in the Philippines.

According to the World Health Organization (WHO), the Philippines has a long way to go in
eradicating TB even if the Department of Health confidently announced that the country will be able to
attain the millennium development goal of reducing TB deaths by 50% within five years or 2015.
Recent data reveal that the number of deaths due to TB stands at an average of 75 Filipinos every
day. It is contagious and airborne. Mycobacterism tuberculosis, the bacteria which causes TB, can
survive in a dried state for weeks up to eight months. Spitting has been identified as one of the factors
in the spread of TB.

While anti-spitting laws have been in existence in a number of jurisdictions like Singapore,
India, Malaysia, and China, only Davao City has vigorously implemented a similar law in the country,
which has been in place just in 2010. In 2003, through the suggestion of the Metro Manila
Development Authority (MMDA), Metro Manila mayors approved a resolution prohibiting spitting in
public places as a means to combat Severe Acute Respiratory Syndrome (SARS). Nonetheless, no
significant change happened since its implementation

With the occurrence of global pandemic like SARS, bird flu and other contagious and airborne
diseases, there is an urgent need to change hazardous societal habits like spitting. This is further
aggravated by natural disasters which, more often than not, bring contagion

Within the purview of Articles 694 and 695 of the New Civil Code, spitting may be considered
‘as a nuisance. A nuisance is any act, omission, establishment, business, condition of property or
anything else which injures or endangers the health or safety of others or annoys or offends the
senses. It may be classified as public if it affects a community or neighborhood or any considerable
number of persons, although the extent of the annoyance, danger or damage upon individuals may be
unequal.

By experience, as in the case of Singapore, India and the Philippines, nuisance such as
spitting persist if enforcement and information dissemination are weak. This issue will be addressed by
a coordinated implementing and monitoring arm headed by the LGUs, the Department of Health
(DOH) and the Department of Science and Technology (DOST).

This bill seeks to prohibit spitting in public places to prevent the spread of TB and other

contagious and airborne diseases. The same will also help spread environmental and health
consciousness among the citizens apart from changing societal habits and lifestyles.

ey /

EULOGIO “AMANG” R. MAGSAYSAY

Hence, approval of this measure is eamestly sought.


SIXTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

House of Representatives
299

House Bill No.

Introduced by Rep. Eulogio “Amang” R. Magsaysay

AN ACT
PROHIBITING SPITTING IN PUBLIC PLACES, APPROPRIATING FUNDS THEREFOR,
AND FOR OTHER PURPOSES.

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

Section |. Short Title. This Act shall be known as "Anti-Spitting Act of 2013."

Section 2. Declaration of Policy. It is a policy of the State to protect and promote the
right to health of the people and instill health consciousness among them. Thus, it shall adopt
an integrated and comprehensive approach to health development.

Section 3. Definition of Terms. For the purposes of this Act, these terms are defined
as follows:

a. Spitting — the act of expectorating carelessly or intentionally saliva, phlegm, mucus
or other substances

b. Saliva - a clear, tasteless, odorless, slightly acidic (pH 6.8) viscid fluid, consisting of
the secretion from the parotid, sublingual, and submandibular salivary glands and the mucous
glands of the oral cavity

c. Phlegm - abnormal amounts of mucus, especially as expectorated from the mouth

d. Mucus -the clear viscid secretion of the mucous membranes, consisting of mucin,
epithelial cells, leukocytes, and various inorganic salts dissolved in water

e. Other substances — those not included in the foregoing definitions but are
determined by the Department of Health as in the same class like the above

f. Public places - generally an indoor or outdoor area, whether privately or publicly
‘owned, to which the public have access by right or by invitation, expressed or implied,
whether by payment of money or not. It shall include any highway, boulevard, avenue, road,
street, bridge or other thoroughfare, park, plaza, square, and/or any open space of public
ownership where the people are allowed access.

Section 4. Prohibited Acts. No person or persons shall carelessly or intentionally spit
saliva, phlegm, mucus, or other substances from the mouth in the city streets, alleys,
sidewalks, parks, malls, markets, streets, public carriers, public halls, and buildings, banks,
public squares, terminals, shopping and business centers, schools, churches, hospital, and
other similar public places.


Section 5. Penalties. Any person caught spitting in public places shall be charged with
the corresponding penalties, to wit:

a. First Offense —A fine of five hundred pesos (P500.00)

b. Second Offense — A fine of one thousand pesos (P1000.00)

c. Third Offense —A fine of two thousand pesos (P2000.00) and attendance in a health
seminar conducted by the Department of Health in coordination with local health units or a
subsidiary imprisonment not exceeding six months in case of insolvency, or both such fine
and imprisonment at the discretion of the court.

Section 6. Implementing and Monitoring Agency. Local government units shall lead
inimplementing the provisions of this Act, whereas the Department of Health (DOH) and if
necessary, in coordination with the Department of Science and Technology (DOST), shall
conduct seminars and provide guidelines including the Implementing Rules and Regulations
‘on how to go about the health hazards of spitting. The said agencies shall also conduct
regular evaluation on the implementation of this Act.

Section 7. Appropriations. Appropriations needed for the implementation of this Act
shall be derived from the Internal Revenue Allotment (IRA) of the LGUs and from sources
provided by the Department of Health (DOH) and other government agencies.

Section 8. Repealing Clause. All laws, decrees, orders, ordinances, rules and
regulations or parts thereof inconsistent with this Act are hereby repealed or modified
accordingly.

Section 9. Separability Clause. If any provision of this Act is declared unconstitutional
or otherwise invalid, the validity of the other provisions shall not be affected thereof.

Section 10. Effectivity. This shall take effect fifteen (15) days after publication in at

least two (2) newspapers of general circulation.

Approved,