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FOURTEENTH CONGRESS OF THE REPUBLIC) 
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OF THE PHILIPPWES 
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,
 
First Regular Session 
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S. B. No. 
6 2 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution provides that: 
Article 11, Section 15. The State shall protect and promote the right to 
health of the people and instill health consciousness among them. 
Article XIII, 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 harm€ul 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 bill is to lessen, if not totally eliminate, 
children’s exposure to cigarette smoke in public places that offer services for children, by 
providing eligibility requirements for persons providing children’s services that request financial 
assistance from the government.* 
’ This bill was originally filed during the Thirteenth Congress, First Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
A BILL 
TO PROTECT CHILDREN FROM EXPOSURE TO ENVIRONMENTAL TOBACCO 
SMOKE IN THE PROVISION OF CHILDREN’S SERVICES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Preventing Our Kids From 
Inhaling Deadly Smoke (PRO-KIDS) Act of 2007.” 
SECTION 2. Definitions. - As used in this Act, the term: 
(A) “Children” means individuals who have not attained the age of 6. 
(B) “Children’s services” means: 
(1) Direct health services routinely provided to children; or 
(2) Any other direct services routinely provided primarily to children. 
SECTION 3. Prohibition of Government Funding or Financial Assistance. 
(A) In General. - Notwithstanding any other provision of law, no government funds or 
financial assistance may be provided to, or used by, any person with respect to the provision of 
children’s services by such person, unless such person establishes and makes a good-faith effort 
to enforce a nonsmoking policy that meets or exceeds the requirements of paragraph (B). 
(B) Nonsmoking Policy. - A nonsmoking policy meets the requirements of this 
subsection if such policy prohibits smoking in each portion of an indoor facility used in 
connection with the provision of children’s services, and, where appropriate, such policy requires 
that signs reading “No Smoking” be posted in each such facility to communicate the policy. 
Such policy may allow smoking in those portions of the facility: 
(1) In which such services are not normally provided directly to children; and 
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(2) That are ventilated separately from those portions of the facility in which such 
services are normally provided directly to children. 
(C) Waiver. - A person described in paragraph (A) may publicly petition the government 
agency from which the person receives government funds or financial assistance for a waiver of 
the requirements of paragraph (B). A waiver may be granted, after an opportunity for public 
hearing and comment, only if the person provides assurances satisfactory to the government 
agency that: 
(1) Unusual extenuating circumstances prevent the person from establishing or 
enforcing the nonsmoking policy described in paragraph (B) such as the person shares space in 
an indoor facility with another person and cannot obtain an agreement with the other person to 
abide by the nonsmoking policy described in paragraph (B); and the person will establish and 
make a good-faith effort to enforce an alternative nonsmoking policy that will protect children 
from exposure to environmental tobacco smoke to the maximum extent possible; or 
(2) The person will establish and make a good-faith effort to enforce an 
alternative nonsmoking policy that will protect children from exposure to environmental tobacco 
smoke to the same degree as the policy described in paragraph (B). 
(D) Technical Assistance. - The Secretary of Health or his duly authorized agent shall 
provide technical assistance to government agencies and other persons who request such 
assistance, including: 
(1) Information on smoking cessation programs for employees; and 
(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 invalid or 
unconstitutional, the remainder of the law or the provision shall remain valid and subsisting. 
SECTION 5. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with the provisions of this Act is hereby repealed, modified or amended accordingly. 
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SECTION 6. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
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Approved. 
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