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

SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 5589

Introduced by Representative LEAH S. PAQUIZ of ANG NARS Party ~ List

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 Il, 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 found 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,

Certain policies has been issued, both local and international, and yet the mortality
incidence due to smoking and smoking related illness remains pervasive. In 2003, Republic
Act (RA) No. 9211 or the Tobacco Regulation Act of 2003, the first comprehensive law on
tobacco control in the Philippines has been enacted with the following main purpose: (a)
smoke-free environments, (b) access restrictions for minors, (c) health warnings, and (d) ban

‘on tobacco advertising, promotions, and sponsorships.

' Department of Health National Tobacco Control Coordinating Office, data available at <http://www-beat-
tobacco. ph/national-tobacco-control-strategy introcluction/> 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
Tabacco Taxation in the Philippines, Paris: International Union Against Tuberculosis and Lung Disease.

2 American Cancer Society (2009); The Tobacco Atta, 3rd ed, 23-25,



To achieve the foregoing purposes, RA 9211 created the Inter-Agency Committee
Tobacco (“IAC-Tobacco”) to implement the tobacco regulation act. The composition of
IAC-Tobacco includes “representative from the Tobacco Industry to be nominated by the
legitimate and recognized associations of the industry” shall be among the members of the
IAC-Tobaceo

Later on in 2005, the Philippines ratified 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 provide protection to the world’s
population against the health hazards of tobacco use and tobacco smoke. Corollary, the
Philippines has an international obligation to uphold the principles therein. On protection
against tobacco industry interference, Article 5.3 of the WHO FCTC mandates 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.“

Categorically, inconsistencies between RA 9112 and WHO FCTC insofar as the
non-interference of tobacco industry vis-a-vis presence of tobacco industry in the tobacco
regulation, implementation, and monitoring exists due primarily to the period of time of its
enactment (2003 for RA 9112) and ratification ( 2005 for WHO FCTC) and tobacco
industry’ s interests vis~a~vis public health policy interests.”

Given the foregoing, there exist an urgent need to harmonize the two conflicting
policies in order to serve the best interest of Filipinos to their right to health.

REP. LEAH S. PAQUIZ
ANG NARS Party-list

§ Guidelines for implementation of Article 5.3 of the WHO Framework Convention on Tobacco Control ("FCTC
Guidelines”), Conference of the Parties, Decision WHO FCTC/COP2(14), available at <hitp://www.who.int/WHO,

FCTC/guidelines/adopted/guidel 2011/en>.



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

SIXTEENTH CONGRESS
Second Regular Session

5589

HOUSE BILL NO.

Introduced by Representative LEAH S, PAQUIZ of ANG NARS Party ~ List

AN ACT STRENGTHENING THE INTER-AGENCY COMMITTEE-TOBACCO (IAC
TOBACCO) 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, as amended, otherwise known as the
Tobacco Regulation Act of 2003, is hereby amended to read as follows:

“Section 2. Policy - It is the policy of the State to protect the
populace from hazardous products and promote the right to health and instill
health consciousness among them. [It is also the policy of the State,
consistent with the Constitutional ideal to promote the general welfare, to
safeguard the Interests of the workers and other stakeholders in the tobacco
industry.] For these purposes, the government HEREBY [shall] institute a
{balanced] policy whereby the use, sale, and advertisements of tobacco
products shall be regulated in order to promote a healthful environment and
protect the citizens from the hazards of tobacco smoke. [, and at the same
time ensure that the interests of tobacco farmers, growers, workers and
stakeholders are not adversely compromised)”

SECTION 2. Section 4 of the same Act is hereby amended by inserting new
paragraphs to read as follows, and the same are hereby renumbered accordingly:

“Section 4. Definition of Terms ~ As used in this Act:

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 Republic Act 9211 is hereby amended 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 [AC-Tobacco CONTROL shall
be chaired by the Secretary of the [Department of Trade and Industry (DTD)
DEPARTMENT OF HEALTH (DOH) with the Secretary of the [Department
of Health (DOH)] DEPARTMENT OF EDUCATION (DepEd) as Vice
Chairperson. The I[AC-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);

a, 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.

[g. Administrator of the national Tobacco Administration (NTA);]

{h. A representative from the Tobacco Industry to be nominated by
the legitimate and recognized associations of the industry; and)

[i.] G. AT LEAST THREE (3) representatives from [a] nongovernment
organizations (NGOS) involved in public health promotion, WITHOUT
ECONOMIC 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

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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
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 IAC-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 into Republic Act 9211 as Article

29-A to read as follows:

“SECTION 29-A. PROTECTION OF THE IAC-TOBACCO
CONTROL MEMBERS AND THEIR RESPECTIVE AGENCIES FROM
TOBACCO INDUSTRY INTERFERENCE. - ALL MEMBERS OF THE IAC-
TOBACCO CONTROL AND THEIR RESPECTIVE AGENCIES 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.

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

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INDUSTRY; AND ACCEPTING ANALOGOUS FAVORS FROM THE
TOBACCO INDUSTRY.”

SECTION 5. Section 31 of Republic Act 9211 is hereby amended to read as follows:

“Section 31. Compliance Monitoring - Not later than one (1) year
after the date of the effectivity of this Act, and annually thereafter, the [AC~
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 UNECESSARY INTERACTIONS
WITH THE TOBACCO INDUSTRY AND TO ENSURE THE
TRANSPARENCY OF THOSE INTERACTIONS THAT OCCUR, AS WELL
AS POLICIES IMPLEMENTED TO PROTECT THEIR AGENCIES FROM
TOBACCO INDUSTRY INTERFERENCE.”

SECTION 6. Section 32 of Republic Act 9211 is hereby amended to read as follows:

A new provi

“Section 32, Penalties ~ The following penalties shall apply:
XxX

D. VIOLATION OF SECTION 29-A. ~ IF THE OFFENDER IS A
PUBLIC OFFICIAL OR EMPLOYEE, HE OR SHE SHALL BE SUBJECT
TO ADMINISTRATIVE DISCIPLINARY ACTION PURSUANT TO RULE
XIV (DISCIPLINE) OF THE OMNIBUS RULES IMPLEMENTING BOOK V
OF EO 292, AS MAY BE AMENDED, MODIFIED, CHANGED, ADDED
TO, DELETED FROM, OR SUPERSEDED BY THE ENACTMENT OF
ANY NEW LAW, WITHOUT PREJUDICE TO THE CRIMINAL AND/OR
CIVIL ACTIONS UNDER EXISTING LAWS, RULES, AND
REGULATIONS.

ion is hereby inserted into Section 32 of Republic Act 9211 as Section
32 subparagraph D , to read as follows

SECTION 7. A new provision is hereby inserted into Republic Act 9211 as Article

32-A to read as follows:

Page 4 of 6


“SECTION 32-A. CITIZEN SUITS. - FOR PURPOSES OF
ENFORCING THE PROVISIONS OF THIS ACT OR ITS IMPLEMENTING
RULES AND REGULATIONS, ANY CITIZEN MAY FILE AN
APPROPRIATE CIVIL, CRIMINAL OR ADMINISTRATIVE ACTION IN
THE PROPER COURTS OR ADMINISTRATIVE BODY AGAINST:

(A) ANY PERSON WHO VIOLATES OR FAILS TO COMPLY WITH
THE PROVISIONS OF THIS ACT AND ITS IMPLEMENTING RULES AND
REGULATIONS; AND/OR

(B) ANY PUBLIC OFFICER OR EMPLOYEE WHO WILLFULLY OR
GROSSLY NEGLECTS THE PERFORMANCE OF AN ACT SPECIFICALLY
ENJOINED AS A DUTY BY THIS ACT, ITS IMPLEMENTING RULES AND
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
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. A new provision is hereby inserted into Republic Act 9211 as Article

39-A to read as follows:

“SECTION 39-A. COMPLIANCE WITH EXISTING
INTERNATIONAL CONVENTIONS. - NOTHING IN THIS ACT SHALL
MODIFY THE MEASURES ADOPTED TO GIVE EFFECT TO THE
OBLIGATIONS OF THE PHILIPPINES UNDER INTERNATIONAL
CONVENTIONS EXISTING AT THE TIME OF THE ENACTMENT OF
THIS ACT.”

Page 5 of 6


SECTION 9, Repealing Clause. - All laws, decrees, presidential proclamations,
executive orders, rules and regulations or parts thereof inconsistent herewith, are hereby
repealed or modified accordingly.

SECTION 10. 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 11, Bffectivity. - 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,

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