SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
" 
,;-;" , \ \" ' f 
Second Regular Session 
) 
) 
) 
':j JIIN -'j P 3 :53 
SEN A l1i 
S. B. No. 
~548 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROTECTING CHILDREN FROM EXPOSURE TO ENVIRONMENTAL TOBACCO 
SMOKE IN FACILITIES PROVIDING CHILDREN'S SERVICES 
EXPLANATORY NOTE 
The Constitution provides that: 
Article 2, Section 15. The State shall protect and promote the right 
to health of the people and instill health consciousness among them. 
Article 13, Section 11. 
The State shall adopt an integrated and 
comprehensive approach to health development -xxx- There shall be 
priority for the needs of the underprivileged sick, elderly, disabled, 
women, and children. 
Studies show that exposure to secondhand tobacco smokes increases a person's 
chance of contracting respiratory ailments. Children are especially susceptible to the 
harmful effects of secondhand smoke, because they are powerless to avoid exposure to it. 
Although there have been various attempts at enforcing a smoking ban in public 
areas, these efforts have failed dismally. The purpose of this Act is to lessen, if not 
totally eliminate, children's exposure to cigarette smoke in public places and facilities 
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that offer services for children, by providing eligibility requirements for persons 
providing children's services that request financial assistance from the government. l 
4'·~ ~..--J~ 
MIRIAM DEF~SOR SANTI~GO 
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1 This bill was originally filed during the Thirteenth Congress, First Regular Session. 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
) 
) 
) 
S. B. No. ~_548 
Introduced by Senator Miriam Defensor Santiago 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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AN ACT 
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PROTECTING CHILDREN FROM EXPOSURE TO ENVIRONMENTAL TOBACCO 
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SMOKE IN FACILITIES PROVIDING CHILDREN'S SERVICES 
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SECTION 1. Short Title. - This Act shall be known as "Preventing Our Kids 
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From Inhaling Deadly Smoke (PRO-KIDS) Act of2014." 
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SECTION 2. Definitions. - As used in this Act, the following term: 
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A. "Children" means individuals who have not attained the age of 6. 
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B. "Children's services" means: 
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1. direct health services routinely provided to children; or 
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2. any other direct services routinely provided primarily to children. 
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SECTION 3. Prohibition of Government Funding or Financial Assistance. -
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A. IN GENERAL - Notwithstanding any other provision of law, no government funds or 
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financial assistance may be provided to, or used by, any person with respect to the 
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provision of children's services by such person, unless such person establishes and makes 
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a good-faith effort to enforce a nonsmoking policy that meets or exceeds the 
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requirements of subsection (b). 
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B. NONSMOKING POLICY ~ A nonsmoking policy meets the requirements of this 
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subsection if such policy prohibits smoking in cach portion of an indoor facility used in 
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connection with the provision of children's services, and, where appropriate, such policy 
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requires that signs reading "No Smoking" be posted in each facility to communicate the 
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policy. 
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C. 
WAIVER 
A person described in subsection (A) may publicly petition the 
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government agency from which the person receives government funds or financial 
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assistance for a waiver of the requirements of subsection (B). A waiver may be granted, 
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after an opportunity for public hearing and comment, only if the person provides 
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assurances satisfactory to the government agency that: 
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1. unusual extenuating circumstances prevent the person from establishing or 
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enforcing the nonsmoking policy described in subsection (B) such as the person shares 
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space in an indoor facility with another person and cannot obtain an agreement with the 
14 - other person to abide by the nonsmoking policy described in subsection (B); and 
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2. the person will establish and make a good-faith effort to enforce an alternativc 
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nonsmoking policy that will protect children from exposure to environmental tobacco 
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smoke to the maximum extent possible; or 
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3. the person will establish and make a good-faith effort to enforce an alternative 
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nonsmoking policy that will protect children from exposure to environmental tobacco 
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smoke to the same degree as the policy described in subsection (8). 
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D. TECHNICAL ASSISTANCE -
The Secretary of Health shall provide technical 
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assistance to government agencies and other persons who request such assistance, 
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including: 
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1. information on smoking cessation programs for employees; and 
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2. information to assist such agencies and persons in complying with this Act. 
SECTION 4. 
Separability Clause. -
If any provision, or part hereof, is held 
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invalid or unconstitutional, the remainder of the law or the provision shall remain valid 
4 -and subsisting. 
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SECTION 5. 
Repealing Clause. -
Any law, presidential decree or Issuance, 
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executive order, letter of instruction, administrative order, rule or regulation contrary to 
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or inconsistent with the provisions of this Act is hereby repealed, modified or amended 
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accordingly. 
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SECTION 6. Effectivity Clause. ~ This Act shall take effect fifteen (15) days after 
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its publication in at least two (2) newspapers of general circulation. 
Approved. 
IdpmDec2014 
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