EIGHTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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■0uUf uf lij.’ 
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S E N A T E
S. No. 1 1 8  3
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NOV 19 
P 6 S 2
Introduced by Senator Francis "Tol" N. Tolentino
AN ACT
PROHIBITING THE USE, SALE, MANUFACTURE, DISTRIBUTION, TRADE, 
IMPORTATION, AND MARKETING OF ELECTRONIC NICOTINE OR 
ELECTRONIC NON-NICOTINE DELIVERY SYSTEMS (ENDS/ENNDS) IN THE 
PHILIPPINES, APPLYING THE PRECAUTIONARY PRINCIPLE, AND FOR
OTHER PURPOSES.
EXPLANATORY NOTE
Article II, Section 15 of the 1987 Constitution provides: "The State shall 
protect and prom ote the right to health o f the people and instill health 
consciousness among them ." It is therefore the responsibility of the state to protect 
its citizens from health risks and hazards whether known or unknown. The 
precautionary principle as recognized in A.M. No. 09-6-8-SC or the Rules of 
Procedure for Environmental Cases, states, that when human activities may lead to 
threats of serious and irreversible damage to the environment that is scientifically 
plausible but uncertain, actions shall be taken to avoid or diminish that threat.
The effects of Electronic Nicotine or Electronic Non-Nicotine Delivery Systems 
(ENDS/ENNDS) like electronic cigarettes, Vape, and Juul among others, on a 
person's health are still unknown. Although marketed as a healthier alternative to 
traditional cigarette smoking, some studies have reported that they bring about 
health problems of their own equal or even greater in risk than regular cigarettes. 
What makes these products more dangerous is that they tend to attract younger 
users, the young professionals, students and even minors, as they come in fragrant


scents and delicious flavors, and as using ENDS/ENNDS is viewed by impressionable 
minds as a "cool" activity. Instead of just helping existing smokers quit smoking as 
advertised, these products also create smokers out of the new generation.
Last November 15, 2019, the Department of Health confirmed the country's 
first reported case of electronic cigarette or vaping-associated lung injury from 
Central Visayas. The time to act is now.
With these reasons in mind, and also in seeing the wisdom of similar policies 
implemented in countries that have realized that under uncertainty it is better to err 
on the side of caution, such as India, China, certain states in the USA, and other 
jurisdictions that have banned vape products, and countries such as Australia and 
Singapore that have even declared them as "poison", this bill aims to prohibit the 
use, sale, manufacture, distribution, trade, importation, and marketing of Electronic 
Nicotine or Electronic Non-Nicotine Delivery Systems (ENDS/ENNDS) 
in 
the 
Philippines until otherwise declared as not harmful.
S aN ^"T O L " n. tolentino


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
S E N A T E  
S. No. 1 1 8 3
TIME
INDEX
BILLS
Introduced by Senator Francis "Tol" N. Tolentino
AN ACT
PROHIBITING THE USE, SALE, MANUFACTURE, DISTRIBUTION, TRADE, 
IMPORTATION, AND MARKETING OF ELECTRONIC NICOTINE OR 
ELECTRONIC NON-NICOTINE DELIVERY SYSTEMS (ENDS/ENNDS) IN THE 
PHILIPPINES, APPLYING THE PRECAUTIONARY PRINCIPLE, AND FOR
OTHER PURPOSES.
Be it  enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
1 
Section 1. Short Title. — This Act shall be known as the "Electronic Smoking
2 
Prohibition Act."
3 
Sec. 2. Policy. — It is the policy of the state to protect and promote the right
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to health of the people and instill health consciousness among them, especially the
5 
youth. It is likewise the policy of the state to follow the precautionary principle in
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that when activities may lead to morally unacceptable harm that is scientifically
7 
plausible but uncertain, actions shall be taken to avoid or diminish that harm.
8 
Sec. 3. Definition o f Terms. — As used in this Act, the term -
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(A) Electronic Nicotine or Electronic Non-Nicotine Delivery Systems
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(ENDS/ENNDS) -  refers to devices that heat a solution or product to
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create an aerosol which the user then inhales, which frequently also
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contain flavors. This includes but is not limited to e-Cigarettes, Heat-
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Not-Burn devices, Vape, e-Sheesha, e-Nicotine Flavored Hookah, and
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the like devices. This shall also include the solutions, e-liquids, heat


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sticks, packets, or any other form of product used for the devices,
2 
whether containing nicotine or not.
3 
(B) Department -  refers to the Department of Health.
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(C) President -  refers to the President of the Republic of the Philippines.
5 
Sec. 4. Prohibition -  The use, sale, including online sale, manufacture,
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distribution, trade, importation, and marketing of ENDS/ENNDS shall be prohibited
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within the jurisdiction of the Philippines.
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Sec. 5. Lifting the prohibition -  The President may, upon the recommendation
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of the Department, after a comprehensive study and research, lift the prohibition on
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ENDS/ENNDS, should it be proven that their use is substantially less harmful than
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cigarettes to the health of users and non-users alike.
12 
Upon the lifting of the prohibition, ENDS/ENNDS shall be subject to the same
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regulations provided for in Republic Act No. 9211, otherwise known as the Tobacco
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Regulation Act of 2003. ENDS/ENNDS shall also be subject to the jurisdiction of the
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Food and Drug Administration under a category the latter deems appropriate.
16 
Sec. 6. Prohibition on flavors -  Upon the lifting of the prohibition, the
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President may, upon the recommendation of the Department, prohibit the use, sale,
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including online sale, manufacture, distribution, trade, importation, importation, or
19 
marketing of artificial flavors or varieties of ENDS/ENNDS.
20 
Sec. 7. Penalties. The Department shall assess a penalty against violators of
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this Act. Provided, that the penalty shall not be less than fifty thousand pesos
22 
(Php50,000.00) but not more than one million pesos (P hpl,000,000.00) for each
23 
violation
24 
Sec 8. Implementing Rules and Regulations. — The Secretary of the
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Department of Health shall promulgate the rules and regulations to implement this
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Act within ninety (90) days from the effectively of this Act.
27 
Sec. 9. Separability Clause. —If any provision or part thereof is held invalid or
28 
unconstitutional, the remainder of the law or the provision not otherwise affected
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shall remain valid and subsisting.
30 
Sec. 10. Repealing Clause. — Any law, presidential decree or issuance,
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executive order, letter of instruction, administrative order, rule, or regulation


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contrary to or inconsistent with the provisions of this Act is hereby repealed, 
modified, or amended accordingly.
Sec. 11. Effectivity Cause. — This Act shall take effect fifteen (15) days after 
its publication in at least two (2) newspapers of general circulation.
Approved,