Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. 4024

Introduced by Representative MARLYN PRIMICIAS-AGABAS

EXPLANATORY NOTE

Republic Act No. 9211 otherwise known as “An Act Regulating the
Packaging, Use, Sale, Distribution and Advertisements of Tobacco Products and for
Other Purposes” was enacted in 2003. During the hearings, technical working
group meetings and consultations conducted by the Committee on Health and
Demography inthe 14th Congress, it was observed that there were loopholes and
gaps in the law that need to be addressed in order to fully implement the intent of the
law.

One is that the prohibition of smoking in certain public places does not
mention public places such as parks and playgrounds, entertainment halls, concert
grounds, convention centers, and sporting arenas where the general public, including
children and pregnant women, spend time and perform different activities. Thus, this
measure expands the prohibition. This bill also seeks to prohibit smoking in private
vehicles where there are children, senior citizens and pregnant women, considering
the ill-effects of second-hand smoke.

Another loophole found in RA No. 9211 is the composition of the Inter-
Agency Committee on Tobacco or IAC-T. Republic Act No. 9211 is basically a
health law however under the law, the lead agency of the IAC-T is the Department
of Trade and Industry (DTD), with the Department of Health (DOH) as the vice chair
and this gives rise to the difficulty in the enforcement of the law. Thus the proposed
measure seeks to mandate the Department of Health to take the lead in the
implementation of the law.

This measure also removes the Philippine Tobacco Institute, the organization
representing the tobacco companies, from its membership in the IAC-T. The IAC-T
is the agency that takes charge of regulating and monitoring the implementation of
RA 9211. Indeed, it is ironic for the industry that is being regulated and monitored to
be part of the monitoring and regulating authority.

To advance the health of the Filipino people, especially the victims of second-
hand smoke, the approval of this bill is urgently sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4924

Introduced by Representative MARLYN PRIMICIAS-AGABAS

AN ACT
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9211, OTHERWISE
KNOWN AS “AN ACT REGULATING THE PACKAGING, USE, SALE,
DISTRIBUTION AND ADVERTISEMENTS OF TOBACCO PRODUCTS,
AND FOR OTHER PURPOSES

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

SECTION 1. Section 5 of Republic Act No. 9211 is hereby amended to read
as follows:
“Sec. 5. Smoking in Public Places. - Smoking shall be
absolutely prohibited in the following public places:

a. Centers of youth activity such as playschools, preparatory
schools, elementary schools, high schools, colleges and
universities, youth hostels, and recreational facilities for
persons under eighteen (18) years old, SUCH AS
PLAYGROUNDS AND PARKS, AMONG OTHERS;

b, ENTERTAINMENT HALLS, CONCERT GROUNDS,
AND CONVENTION CENTERS;

c, SPORTING VENUES AND COMPLEXES;

d. Elevator and stairwells;

e. Location in which fire hazards are present, including gas
stations and storage areas for flammable liquids, gas,
explosives or combustible materials;

f. Within the buildings and premises of public and private
hospitals, medical, dental, and optical clinics, health
centers, nursing homes, dispensaries and laboratories;

g. Public conveyance and public facilities including airport and
ship terminals and train and bus stations, restaurant and
conference halls, except for separate smoking areas; and

h. Food preparation areas.”

SECTION 2. Section 6 of Republic Act No. 9211 is hereby amended to read
as follows:


“Sec. 6. Designated Smoking And Non-Smoking Areas. - In
all enclosed places that are open to the general public, private
workplaces, and other places not covered under the preceding
section, where smoking may expose a person other than the
smoker to tobacco smoke, the owner, proprietor, operator,
possessor, manager or administrator of such places shall
establish smoking and non-smoking areas. Such areas may
include a designated smoking area within the building, which
may be in an open space or separate area with proper
ventilation, but shall not be located within the same room that
has been designated as a non-smoking area, PROVIDED,
THAT IN ALL SCHOOL-RELATED ACTIVITIES,
WHETHER WITHIN OR OUTSIDE THE SCHOOL
PREMISES AND WHETHER HELD INDOORS OR
OUTDOORS, SMOKING SHALL BE ABSOLUTELY
PROHIBITED.

All designated smoking areas shall have at least one (1)
legible and visible sign posted, namely "SMOKING AREA" for
the information and guidance of all concemed. In addition, the
sign or notice posted shall include a warning about the health
effects of direct or secondhand exposure to tobacco smoke.
Non-smoking areas shall likewise have at least one (1) legible
and visible sign, namely: "SMOKING IS ABSOLUTELY
PROHIBITED IN ENCLOSED AREAS UNDER RA 9211.”

THESE SMOKING AND NON-SMOKING
SIGNAGES SHOULD BE MADE PART OF THE
REQUIREMENTS FOR THE ISSUANCE AND/OR
RENEWAL OF THE BUSINESS PERMITS AND/OR
PERMITS TO OPERATE OF ESTABLISHMENTS,
HEALTH FACILITIES OR SCHOOLS AND _ THE
FAILURE TO COMPLY THEREWITH IS A GROUND
FOR THE DENIAL OR REVOCATION OF SUCH
PERMITS, PROVIDED, THAT FOR SCHOOLS, THESE
SIGNAGES SHOULD BE PROMINENTLY DISPLAYED
WHENEVER YOUTH ACTIVITIES ARE BEING
CONDUCTED DECLARING THAT THE AREA IS A
SMOKE-FREE ZONE.”

SECTION 3. A new Section 6-A of Republic Act No. 9211 is hereby added
to read as follows:

“Sec, 6-A. Smoking in Private Conveyances. - Smoking is
absolutely prohibited in private conveyances where there are
minors, senior citizens and pregnant women. Private
conveyance shall refer to any vehicle that is not considered a
public conveyance, as defined in Section 4(m) herein.”

SECTION 4. Section 29 of Republic Act No. 9211 is hereby amended to read
as follows:

“Sec. 29. Implementing Agency. - An Inter-Agency
Committee-Tobacco (IAC-Tobacco), which shall have the
exclusive power and function to administer and implement the
provisions of this Act, is hereby created. The IAC-Tobacco
shall be chaired by the Secretary of the Department of
HEALTH (DOH) with the Secretary of the Department of


TRADE AND INDUSTRY (DTI) as Vice Chairperson. The
IAC-Tobacco shall have the following 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);

d. Secretary of the Department of Environment and Natural
Resources (DENR);

e. Secretary of the Department of Science and Technology
@osT);

£. Secretary of the Department of Education (DepEd);

g. Administrator of the National Tobacco Administration
(TA);

h. A representative from a non-government organization
(NGO) involved in public health promotion nominated by
DOH in consultation with the concerned NGOs;

The Department Secretaries may designate their
Undersecretaries as their authorized representatives to the
TAC.”

SECTION 5. Section 32 of Republic Act No. 9211 is hereby amended to read
as follows:

“Sec. 32. Penalties. - The following penalties shall apply:
a.Violation of Sections 5, 6 and 6-A. - x x x”

SECTION 6. Separability Clause. - If any part or provision of this Act shall be
held unconstitutional or invalid, other provisions thereof which are not affected
thereby shall continue to be in full force and effect.

SECTION 7. Repealing Clause. - All laws, presidential decrees, executive
orders, rules and regulations or parts thereof which are not consistent with this Act
are herby repealed, amended or modified accordingly.

SECTION 8. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in at least two (2) newspapers of
general circulation, whichever comes earlier.

Approved,