SIXTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
FIRST Regular Session )

HOUSE OF REPRESENTATIVES
HB. 3B8

Introduced by Hon. Al Francis C. Bichara (2nd District of Albay), Hon. Evelina
G. Escudero (1st District of Sorsogon), Hon. Maria Vida Espinosa-Bravo (Ist
District of Masbate), Hon. Salvio B. Fortuno (5th District of Camarines Sur),
Hon. Fernando V. Gonzalez (3rd District of Albay), Hon. Edcel “Grex” B.
Lagman, Jr. (Ist District of Albay), Hon. Elmer E, Panotes (2nd District of
Camarines Norte), Hon, Deogracias B. Ramos, Jr. (2nd District of Sorsogon),
Hon. Maria Leonor Gerona-Robredo (3rd District of Camarines Sur), Hon.
Christopher S. Co (Ako Bicol Partylist), Hon, Rodel M. Batocabe (Ako Bicol
Partylist), Hon. Cesar V. Sarmiento (Lone District of Catanduanes), Hon, Elisa
Olga T. Kho, (2nd District of Masbate), and Hon. Catherine Barcelona-Reyes
(ist District of Camarines Norte)

EXPLANATORY NOTE

It has already been scientifically established that the use of tobacco
products is significantly detrimental to public health. In both developed and
developing countries, millions of people die every year from tobacco-related
diseases. In the Philippines, tobacco kills approximately 87,600 Filipinos per year,
or 240 persons a day.!

Leaders around the world are now recognizing the fact that tobacco
cannot be treated like any other consumer product. It is a product that has been
scientifically proven to be addictive, and to cause disease, disability, and death.
There is a rapidly growing global consensus that picture-based health warnings
are a key tobacco control measure because these are more effective at
communicating health messages and discouraging tobacco use than text only
warnings. As of March 2013, more than 60 countries in the Americas, Asia,
Europe, and Western Pacific regions have passed legislation requiring pictures or
images on cigarette packs? A number of sub-national jurisdictions, including
Hong Kong and Taiwan, have likewise passed legislation requiring pictorial
warnings.’ These actions are firmly supported by the wealth of solid and
extensive evidence that picture-based health warnings on tobacco packages are
effective in preventing, addiction, reducing disease, and saving lives.

+ Department of Health National Tobacco Control Coordinating Office, data available at http://www.beat-
tobacco. ph/national-tobacco-control-strategy/introduction/; Last accessed on 27 January 2014,

2 Riordan, Meg (March 2013), Tobacco Warning Labels: Evidence of Effectiveness, The Campaign for Tobacco-
Free Kids. Available at http://www, reckids.org/research fas 110925.pdf, Last accessed on
27 January 2014.

* Ibid.



Longitudinal data from countries with established picture-based health
warning labels reduce smoking, prevalence, increase quit attempts, and reduce
relapse among ex-smokers. The International Tobacco Control Policy Evaluation
Project (“ITC”), an international cohort study that consists of surveys of adult
smokers in nineteen countries,‘ both adult and youth smokers report that large,
comprehensive warning labels reduce smoking consumption, increase
motivation to quit, and increase the likelihood that they will remain abstinent
following a quit attempt? Another ITC study includes a study that consists of
surveys of adult smokers in four countries* that shows that prominent picture-
based health warnings were associated with higher levels of awareness about the
health risks of smoking when compared to text-only labels.”

As a State Party to 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 to provide protection to the world’s
population against the health hazards tobacco use and tobacco smoke, the
Philippines has an international obligation to uphold the principles contained
therein. Under Article 11 in relation to Article 7 of the WHO FCTC, the
Philippines is obliged to adopt and implement, within three years from its entry
into force in 2005 or until 2008, effective legislative, executive, administrative
and/or other measures on tobacco packaging and labelling. The importance of
adopting effective packaging and labeling measures for tobacco products is
underscored by the fact that it is one of only two measures in the WHO FCTC
that lays down an express deadline for compliance. It is now five (6) years after
the 2008 deadline for compliance with Article 11 of the WHO FCTC, but the
Philippines has not yet adopted and implemented the measures provided
therein.

Moreover, Article I, 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." The Philippines has a
solemn obligation to protect and promote the right to health in order to develop
a healthy and alert citizenry.’ The Philippines should affirm its commitment to
protect and promote the fundamental rights to health and life. In connection with
the foregoing, the immediate approval of this Bill requiring the placement of
picture-based health warnings on tobacco product labels and packages is
urgently sought.

4 The study used nationally representative samples of adult smokers from Australia, Bangladesh, Bi
Canada, China, France, Germany, Ireland, Malaysia, Mauritius, Mexico, Netherlands, New Zealand,
Scotland, South Korea, Thailand, United Kingdom, the United States, and Uruguay. Infra at 5.

5 Tee Project (March 2012), Health Warnings on Tobacco Packages: ITC Cross-Country Comparison Report,
University of Waterloo, Waterloo, Ontario, Canada. Available at httpi//itcamedia-doc.comyfiles/ITC Cross:
Country Report - Warning Labels-Final,pdf; Last accessed on 27 January 2014.

© The study used nationally representative samples of adult smokers from the United States, the United
Kingdom, Canada, and Australia to examine variations in smokers’ knowledge about tobacco risks and the
impact of package warnings. Infia at 7.

? Hammond, D, et al, “Effect of cigarette warning labels in informing smokers about the risks of
‘smoking: Findings from the International Control Four Country Study,” Tobacco Control 15 (Suppl Ill: 19-25,
June 2006. Available at: httpi/tobaccocontrol.bmj.com/content/I5/suppl S/iil9.full; Last accessed on 27
January 2014,

' See 1987 Philippine Constitution, Article XIV, Section 19(2)..



WA

1 Francis Bichara
istrict of Albay

~~ Hon. Evelina Escudero
Ist District of Sorsogon

—

aria Vida Espinosa-Bravo

st District of Masbate
N

\glectec ¢
ion. SAlvio Fortuno ~
5th Distrigt of me Sur

Hor. Fernai ohzales
3rd Distr{cdof\ Alby

Hon,

gman, J

“Hon. Elmer Panotes
2nd District of Caplarines Norte

HonDebdgfacias ee

ind Disfrict of Sorsogon

lon. Rodel Batocabe
[Ako Bicol Partylist

eho SAS

1st District of Albay
Habba

Nine Sat pect Ihow, Cotnevine “Borel —Leue)
4

Id p. Cowmwes Wuste


Hon, Cesar V. Sarmiento
Lone District of Catanduanes

Hon. Elisa Olga T. Kho
2nd District of Masbate

Hon, Catherine Barcelona-Reyes
Ist District of Camarines Norte



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SIXTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
FIRST Regular Session )

HOUSE OF REPRESENTATIVE
HB: No.__3881

Introduced by Hon. Al Francis C. Bichara (2nd District of Albay), Hon. Evelina
G. Escudero (1st District of Sorsogon), Hon. Maria Vida Espinosa-Bravo (ist
District of Masbate), Hon. Salvio B. Fortuno (5th District of Camarines Sur),
Hon, Fernando V. Gonzalez (3rd District of Albay), Hon. Edcel “Grex” B.
Lagman, Jr. (ist District of Albay), Hon. Elmer E, Panotes (2nd District of
Camarines Norte), Hon. Deogracias B. Ramos, Jr. (2nd District of Sorsogon),
Hon, Maria Leonor Gerona-Robredo (3rd District of Camarines Sur), Hon.
Christopher S. Co (Ako Bicol Partylist), Hon. Rodel M. Batocabe (Ako Bicol
Partylist), Hon. Cesar V. Sarmiento (Lone District of Catanduanes), Hon. Elisa
Olga T. Kho, (2nd District of Masbate), and Hon, Catherine Barcelona-Reyes
(1st District of Camarines Norte)

“AN ACT TO EFFECTIVELY INSTILL HEALTH CONSCIOUSNESS
THROUGH PICTURE-BASED HEALTH WARNINGS
ON TOBACCO PRODUCTS”

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

Section 1. Short Title. - This Act shall be known as “The Picture-Based
Health Warning Law.”

Section 2. Declaration of Principles. ~ The State shall protect and promote
the right to health of the people and instill health consciousness among them.

The State shall protect consumers from trade malpractices and from
substandard and hazardous products.

The State accepts that, as a State Party to the World Health Organization
(WHO) Framework Convention on Tobacco Control (FCTC), a treaty that
reaffirms the right of all people to the highest standards of health, the Philippines
is obliged to inform every person of the health consequences of tobacco
consumption and exposure to tobacco smoke; and to protect public health policy
from the commercial and vested interests of the tobacco industry.

The State is cognizant of the Philippines’ duty under Article 11 of the
FCTC, which is to adopt and implement by September 2008 effective health
warnings on tobacco products that should describe the harmful effects of tobacco
use.



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The State recognizes that based on empirical data, text warnings have
been shown to be insufficient in conveying the dangers of tobacco products,
while graphic or picture-based health warnings have been shown to be more
effective in conveying the truth about the dangers of consumption of tobacco and
of exposure to tobacco smoke.

Section 3. Purpose. ~ The purpose of this Act is:

a. To have health warnings that effectively warn of the devastating
effects of tobacco use and exposure to second-hand smoke;

b. To remove signs or terms or any other direct or indirect means on or in
tobacco product packages that create or are likely to create a false
impression about the health effects of tobacco products, including but
not limited to misleading or deceptive descriptors like “low tar,”
“ight,” “ultra light,” or “mild;”

¢. To further promote the right to health and information of the people;
and

d. To strengthen the role of the Department of Health in promoting the
right to health and instilling health consciousness among Filipinos.

Section 4. Definition of Terms. —
a. “DOH” refers to the Department of Health.

b. “Insert” means any communication inside an individual package
and/or carton purchased at either wholesale or retail by consumers,
such as a leaflet or brochure.

c. “Onsert” means any communication affixed to the outside of an
individual package and/or carton purchased at either wholesale or
retail by consumers, such as a brochure beneath the outer cellophane
wrapping or glued to the outside of the cigarette package.

d, “Picture-Based Health Warning” means warning labels that are
composed of a photographic picture warning on health dangers or
other problems related to tobacco use or exposure to tobacco smoke
and an accompanying textual warning that is related to the picture, as
issued by the DOH in accordance with Section 15 of this Act.

e. “Principal Display Area” means:

1. In the case of a package and carton that has at least two equal
sides or surfaces, other than the top and bottom, that may be


COUT HGR wis

displayed or visible under normal or customary conditions of sale or use,
the areas of each of the two largest surfaces;

2. The largest surface of any spherical, cylindrical or conical container
of tobacco products and in the case of a package and carton that
does not have a particular side or surface that is predominantly
displayed or visible under normal or customary conditions of sale
or use, the total surface area of the package;

3. All surfaces or panels, exterior or interior, of any tobacco product
packaging or carton not specified above.

£, “Tobacco Product Package” means the packet and package of tobacco
products and any outside packaging and labeling of tobacco products
for sale, distribution, exportation, importation, trade, exchange, or
exhibition, such as, but not limited to, packs, tins, boxes, pouches, flip-
tops, slide and shell packages, cartons, transparent wrappers, clear
packaging, packages containing one product unit, master cases, or
other containers of tobacco products.

g. “Tobacco Products” means products entirely or partly made of leaf
tobacco as raw material, which are manufactured to be used for
smoking, sucking, chewing or snuffing, or by any other means of
consumption. The term also refers to any product, device or delivery
system which contains tobacco or any substance derived from tobacco,
and is intended for smoking or oral or nasal use. It includes any
product, device or delivery system that is designed, intended or
otherwise used as a substitute for any tobacco product or any product,
device or delivery system that resembles the outward appearance of
any tobacco product, whether or not it delivers nicotine or any other
substance derived from tobacco to the user, such as electronic
cigarettes, shisha, waterpipe, and similar produts, devices or delivery
systems.

Section 5. Picture-Based Health Warning. - Ninety (90) days after the
effectivity of this Act, cigarette packages and other tobacco product packages
found in the market including package insert and onserts, and any outside
packaging and labeling, shall bear highly visible full-color “Picture-Based Health
Warnings,” as prescribed, as to all particulars, that shall have two components: a
photographic picture warning and an accompanying textual warning that is
ielated to the picture.

a. The Picture-Based Health Warnings shall be printed on at least eight-
five percent (85%) of the principal display areas of any tobacco
package; it shall occupy no less than eighty-five percent (85%) of the
front and eighty-five percent (85%) of the back panel of the packaging,
as described in Section 4;



. It shall be located on the top or upper portions of the said panels or

Principal Display Areas;

Nothing shall be printed or applied on a location where it is likely to
obscure or cover, in part or in whole, the Picture-Based Health
Warnings;

|. No part of the warning may be obliterated, obscured, folded, severed

or become unreadable when the tobacco package is opened or closed
or when a wrapper on the package is removed or by any other legally
required markings or by commercial inserts or onserts;

... The Picture-Based Health Warning shall be printed in accordance with

guidelines prescribed by the DOH, or in the absence thereof, in full
color, with the minimum resolution of 600 dpi using at least 4-color
printing;

A minimum of eight (8) variations of Picture-Based Health Warnings
shall be printed simultaneously and these shall be rotated periodically,
not just for each brand family but also for each brand within the family
for each package size and type, so that at any time within the twelve
(12) month period, when a set of Picture-Based Health Warnings are
scheduled to be rotated, the variations of the warnings shall appear in
the market with proportionate frequency and equal display of health
warnings and messages on retail packages;

. In no case shall the Picture-Based Health Warning measure less than

2475 square millimeters in size regardless of the type of tobacco
package. Furthermore, the shortest side of the health warning shall
measure no less than 55 millimeters;

. Picture-Based Health Warning specifications:

1. The text warning accompanying the picture shall be
worded in such manner that an ordinary layman will
understand what the picture is about and what are the
ill-effects of smoking on the health of the smoker and of
the people around him;

2. The text warning shall be placed on areas of the
photograph where it will not obscure the picture itself
but will be prominently displayed;

3. The text shall use up to no more than 30% of the entire
area of the Picture-Based Health Warning and shall
appear in clearly legible type and in contrast by
typograph, layout and color, without the use of any



border, frame or any design that will effectively lessen
the size of the textual warning; and

4, The accompanying text shall be printed in English on the
front panel and Filipino on the back panel and
alternately, Filipino on the front panel and English on the
back panel. In the case of other containers where there is
only one (1) external surface area, the accompanying text
will likewise alternately be in English or Filipino.

Section 6. Side Panel. — In addition to the Picture-Based Health Warning,
cigarette packages, as well as other tobacco product packages found in the
market, shall bear, on one side panel, additional information designed to
promote healthy behavior or to reduce tobacco use, as issued by the DOH
according to Section 15 of this Act, such as, but not limited to, additional health
warnings, hotlines or websites for tobacco-related concerns, or tips on how to
stop smoking. This information shall be prominently displayed and the text
thereto shall appear in clearly legible type and in contrast by typograph, layout
and color, without the use of any border or frame or any other design that will
effectively lessen the size of the additional health warnings.

Section 7. Descriptors. ~ Ninety (90) days after the effectivity of this Act,
no cigarette packs or other tobacco product packages shall contain any term,
descriptor, trademark, figurative or any other sign including colors, images, or
numbers, or any other package or product design or feature, that directly or
indirectly create or are likely to create the false impression that a particular
tobacco product is less harmful than any other tobacco product or brand, or that
promote a tobacco product by any means that are false, misleading, deceptive, or
likely to create and erroneous impression about its characteristics, health effects,
hazards or emissions, such as, but not limited to, “low tar,” ‘light,” “ultra-light,”
or “mild,” “extra,” “ultra,” and similar terms in any language that might mislead
consumers, or corresponding symbols or colors signifying the same.

No cigarette packs or other tobacco product packages shall contain
information that may imply that one variant or brand is safer than the other,
such as, but not limited to, statements indicating that the tobacco product
contains “reduced levels” of contents, substances, and emissions. Figures for
emission yields, such as for tar, nicotine and carbon monoxide, shall be
prohibited, including when used as part of a brand name or trademark.

Section 8, Minimum Principal Display Area / Prohibition on Smaller
Packages. - To ensure the visibility, prominence, and impact of Picture-Based
Health Warnings, no person or legal entity shall make, fabricate, import, sell or
distribute cigar, cigarette or other tobacco products with packages that have for
its Principal Display Area, a total area of less than 4950 square millimeters for
each of the two largest sides in the case of tobacco packages described in Section
4(e)(1). For other tobacco packages that fall under Section 4(e)(2) and 4(¢)(3), the


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minimum size for the principal display area shall also be 4950 square
millimeters.

Section 9. Costs. - All printing costs pertaining to packaging and labeling
shall be shouldered by tobacco manufacturers and/or importers.

Section 10. Prohibition on Sales. - No person or legal entity shall sell or
commercially distribute or display any cigarette or tobacco product without
ensuring that the labels and packages, as well as any other container used in
displaying the cigarette or tobacco products, meet the requirements under this
Act. Manufacturers and distributors of tobacco products shall ensure the removal
from all displays of non-compliant tobacco products manufactured and
distributed by them within one hundred twenty (120) days from the effectivity of
this Act.

Section 11. Prohibition on Obstruction of Display. - No person or legal
entity shall obscure or cover in part or in whole the Picture-Based Health
Warning in the selling areas. The Picture-Based Health Warnings shall be
prominently displayed whenever the said packages are commercially displayed.

Design features that tend to obscure or cover, in part or in whole, the
Picture-Based Health Warning, such as, but not limited to, any features of the
tobacco product package that are designed to change after retail sale, are likewise
prohibited, including, but not limited to:

a. Heat activated inks;

b. Inks or embellishments designed to appear gradually over time,
including on the product itself;

c. Inks that appear fluorescent in certain light, including on the product
itself;

d. Panels designed to be scratched or rubbed to reveal an image or text;

e. Removable or hidden tabs or panels;

f, Fold-out tables or panels; and

g. Any other misleading or promotional features or design of the
packaging, labeling, or product.

Section 12. Liability of Manufacturers, Importers, and Distributors. ~
Manufacturers, importers, and distributors of tobacco products shall be directly
liable for any violations of the provisions of this Act. In the case of a business
entity or establishment, the chairperson of the Board of Directors, the owner,
president, manager and the corporate officials thereof shall be directly
responsible therefor and shall be made accountable and jointly and severally
liable with the offending entity or establishment. Agents or representatives of
the aforecited manufacturers, importers, and distributors who commit any
violation of the provisions of this Act and its implementing rules shall be jointly
and severally liable with the manufacturers, importers, and distributors.

10



Section 13. Liability of Retailers and Sellers. ~ Retailers and sellers of
tobacco products shalll be directly liable for violations of Section 10 and 11 of this
‘Act. In the case of a business entity or establishment, the chair of the Board of
Directors, the owner, president, manager and the corporate officials thereof shall
be directly responsible and shall be made accountable and jointly and severally
liable with the offending entity or establishment.

Section 14, Penalties for Non Compliance. ~

a. The following penalties shall apply to manufacturers, importers, and
distributors of tobacco products as well as their agents/representatives
for any violation of this Act:

1. On the first offense, a fine of not less than One Million Pesos (PhP
1,000,000.00) shall be imposed;

2. On the second offense, a fine of not less than Five Million Pesos
(PhP 5,000,000.00) shalll be imposed;

3. On the third offense, in addition to a fine of not less than Twenty
Million Pesos (PhP 20,000,000.00) or imprisonment of not less than
one (1) year but not more than five (5) years, or both at the
discretion of the court, the business permits and licenses, in the case
ofa business entity or establishment shall be revoked or cancelled.

If the guilty officer is a foreign national, he shall be deported after service
of sentence and/or payment of applicable fines without need of further
deportation proceedings and shall be forever barred from entering the
Philippines. Filing of the appropriate case may be commenced by the DOH; the
Philippine National Police (PNP); a Prosecutor by himself motu proprio; or any
private citizen.

Each batch of non-compliant tobacco packages, regardless of size, that are
withdrawn from the manufacturing facility, imported into the Philippines for
sale to the market, transferred to other facilities or delivered to the retail
establishments after the compliance date shall constitute one offense. An
additional penalty of One Hundred Thousand Pesos (PhP 100,000.00) per day
shall be made for each day the violation continues after having received the
order from the DOH or other appropriate body, notifying the company of the
infraction.

b. The following penalties shall individually apply to retailers/sellers of
tobacco products as well as their agents/representatives for any
violation of this Act:

1. On the first offense, a fine of not less than Five Thousand Pesos

(PhP 5,000.00) but not more than Ten Thousand Pesos (PhP
10,000.00) shalll be imposed;

i


2. On the second offense, a fine of not less than Ten Thousand Pesos
(PhP 10,000.00) but not more than Twenty Thousand Pesos (PhP
20,000.00) shall be imposed;

3. On the third offense, in addition to a fine of not less than Twenty
Thousand Pesos (PhP 20,000.00) or imprisonment of not less than
two (2) months, or both at the discretion of the court, the business
permits and licenses, in the case of a business entity or
establishment shall be revoked or cancelled.

If the guilty officer is a foreign national, he shall be deported after service
‘of sentence and/or payment of applicable fines without need of further
deportation proceedings and shall be forever barred from entering the
Philippines. Filing of the appropriate case may be commenced by the DOH; the
Philippine National Police (PNP); a Prosecutor by himself motu proprio; or any
private citizen.

Each day that non-compliant tobacco packages are found in the retail
establishments of the retailers after the compliance date shall constitute one
offense. An additional penalty of Five Thousand Pesos (PhP 5,000.00) per day
shall be made for each day the violation continues after having received the
order from the DOH or other appropriate body, notifying the retailers of the
infraction.

Section 15. Picture-Based Health Warning Guidelines. ~ Thirty (30) days
after the effectivity of this Act, and every year thereafter, or as frequently as the
need arises, the DOH shall issue a template of Picture-Based Health Warnings to
be rotated, as well as guidelines respecting the printing instructions, specific
pictures, design, or content of the information relating to the Picture-Based
Health Warnings, and other information that must appear in the tobacco product
packages. The DOH shall consider the recommendations of leading non-
government organizations that have established and proven records of dealing
with tobacco-related diseases and deaths; Provided, however, that the absence of
recommendations shall not delay the issuance of the template and guidelines. All
Picture-Based Health Warnings issued shall comply with the specifications above
and must always present the devastating effects of tobacco use and exposure to
tobacco smoke.

In light of technological developments in printing quality and package
design, the DOH shall have the authority to provide additional printing
guidelines beyond those specified in Section 5(e), to ensure that picture warnings
remain effective and with impact.

Picture-Based Health Warning regulations issued by the Secretary of
Health upon recommendation of non-government organizations shall be
presumed compliant with the specifications listed above for purposes of
implementation by the tobacco companies. Picture-Based Health Warnings duly
approved by the WHO from other countries, for as long as they meet the
specifications provided for under this Act, may likewise be used.

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Tobacco manufacturers and importers shall have no more than two (2)
months to comply with any new templates issued.

Section 16, Administrative Power. - Within one (1) year from the
effectivity of this Act, the DOH shall issue Guidelines and Administrative
Sanctions to facilitate the implementation of this Act, but this should, in no case,
delay the implementation of this Act and the deadlines/time frames set herein.

‘The DOH, in coordination with the Food and Drug Administration, is
hereby charged with implementing and enforcing the provisions of this Act and
shall:

a. Promulgate rules governing the hearings on alleged violations of this
‘Act. The hearings shall be summary in nature and shall be conducted
by means of position papers and affidavits. Any decision must be
rendered by the DOH no longer than thirty (30) days from the date of
filing;

b. Impose, after notice and hearing and in accordance with the degree of
the offense and the nature of the business of the offender,
administrative fines of up to Twenty Million Pesos (PhP 20,000,00.00),
the proceeds of which will be used for health promotion campaigns on
tobacco control of the DOH. Provided, that manufacturers, importers,
and distributors of tobacco products as mentioned in Section 12 of this
Act, shall have a higher penalty compared to retailers and sellers, as
provided in Section 13 of this Act;

. Issue other administrative rules and regulations it deems necessary to
effectively implement the provisions of this law, such as but not
limited to, seizure, forfeiture, and destruction of non-compliant
packages as described under this law.

‘The non-issuance of the Regulations and Administrative Sanctions by the
DOH shall not prevent the coming into force of this Act.

The DOH shall have the power to call upon law enforcement agencies,
and the managing authorities in the economic zones for assistance in the
implementation and enforcement of its decisions, orders, rules and regulations.
In addition, the DOH may also deputize, whenever necessary, local government
executives and representatives of the national government agencies, tobacco
control organizations and concerned sectors to help monitor compliance with
and report any violation of this Act.

The filing of an administrative case for the act constituting a violation of
the administrative regulations to be issued by the DOH shall not preclude the
simultaneous or subsequent filing of criminal charges for the same act
constituting a violation under this Act, through criminal proceedings authorized


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under Section 14 of this Act. In the same manner, neither shall the filing of
criminal charges preclude the filing of administrative cases.

Section 17. Strict Compliance and Inspections. — Absolutely no extensions
of time to comply with the provisions of this Act shall be granted to tobacco
manufacturers and importers or any other affected party.

For purposes of enforcing the law and ensuring compliance therewith, the
DOH, through FDA or other deputized law enforcement agency, or its
authorized representative, upon presenting appropriate credentials to the owner,
manager, or agent in charge, is authorized:

a, to enter, at reasonable hours, any factory, warehouse or establishment
in which tobacco products are manufactured, processed, packed or
held, for introduction into domestic commerce or are held after such
introduction; or

b. to enter any vehicle being used to transport or hold the tobacco
products in question; and

c. to inspect, in a reasonable manner, such factory, warehouse, or
establishment or vehicle and all pertinent equipment, finished and
unfinished materials, containers and labeling therein.

If the officer, employee, or person designated to make any such inspection
of a factory, warehouse or other establishment has obtained any sample in the
course of the inspection, upon completion of the inspection and prior to leaving
the premises, he shall give the owner, manager, or agent-in-charge a receipt
describing the samples obtained.

‘The DOH shall have the power to punish the refusal of the owner,
manager, agent-in-charge or employee of the factory, warehouse, establishment,
or vehicle who, despite the presentation of appropriate credentials by the officer
or employee designated to conduct the inspection, refuses the entry of such
officer or employee.

Section 18. 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 or entity who violates or fails to comply with the
provisions of this Act, its implementing rules and regulations,

including the template, guidelines, or other regulations;

b. The DOH and other implementing agencies with respect to rules and
regulations issued inconsistent with this Act; and/or

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c. Any public officer who willfully or grossly neglects the performance of
an act specifically enjoined as a duty by this Act, its implementing
rules and regulations, including the template, guidelines, or other
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 including the template,
guidelines, or other regulations.

The administrative, civil and criminal actions allowed under this section
shall be alternative and cumulative and shall not preclude any other person from
filing a similar action.

Section 19. Other Obligations of the Tobacco Industry. ~ Compliance with
the Act shall not remove or diminish any other obligations of tobacco
manufacturers, importers, distributors, retailers, and sellers, including, but not
limited to, obligations to warn and inform consumers about the health hazards of
tobacco use and exposure to tobacco smoke.

Section 20. Separability Clause. - If any clause, provision, paragraph or
part thereof shall be declared unconstitutional or invalid, such judgment shall
not affect, invalidate or impair any other part hereof but such judgment shall be
merely confined to the clause, provision, paragraph or part directly involved in
the controversy in which such judgment has been rendered.

Section 21. Repealing Clause. ~ All other laws, degrees, executive order
and other administrative issuances and parts hereof which are inconsistent with
the provisions of this Act are hereby modified, superseded or repealed
accordingly.

Section 22. Effectivity. - This Act shall take effect fifteen (15) days
following its publication in the Official Gazette or in any major daily newspaper
of national circulation in the Philippines.

Approved.

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