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01 JUL 2013

2 Republic of the Philippines

Bouse of Representatives
Batasan Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

an

House BillNo. ss 62D.

Tntroduced by: Congressman Mariano U. Piamonte Jr. and
Congresswoman Julieta R. Cortuna, Representatives, A TEACHER Party-list

EXPLANATORY NOTE

Republic Act No. 9211 otherwise known as “An Act Regulating the Packaging, Use, Sale,
Distribution and Advertisement of Tobacco Products and for Other Purposes” was enacted in 2003. It has
been eight (8) years since the law was enacted but there are loopholes and gaps in the law that need to be
addressed in order to fully implement the intent of the law and make such implementation effective.

One of the ineffective prohibitions is on the restriction of sales of tobacco products within 100
meters from schools. This is really violated where students can access tobacco products beyond the
restricted areas. Thus, this proposed measure provides the restricted areas for selling of tobacco products
that are even beyond the 100 meters restricted area.

This bill also seeks to implement an absolute smoking ban on schools and other education
establishments in both public and private sector.

This bill also seeks to expand the composition of the Inter-Agency Committee on Tobacco (IAC-
T) under RA 9211 to include the Commi on Higher Education (CHED) and the TECHNICAL.
EDUCATION AND SKILLS DEVELOPMENT AUTHORITY (TESDA). The IAC-T is the agency that

takes charge of regulating and monitoring the implementation of RA 9211. While DepEd is currently a
member of the IAC-T under RA 9211, the DepEd’s jurisdiction extends only to elementary and high

the review of Implementing Rules applicable to higher education institutions and post secondary training
centers where the propensity of students to smoke is higher than those in the elementary and high school
institutions.

To provide a smoke free campus and smoke free students, the approval of this Bill is urgently
sought.

|ARIANO U. PIAMONTE JR.



Republic of the Philippines

Bouse of Representatives
Batasan Hills, Quezon City

SIXTEENTH CONGRESS

First Regular Session

House Bill No. 621

Tntroduced by: Congressman Mariano U. Piamonte Jr. and
Congresswoman Julieta R. Cortuna, Representatives, A TEACHER Party.

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

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

1, SECTION 1. Section 5 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 SUCH
PLAYGROUNDS AND PARKS, AMONG OTHER for persons under cighteen (18) years
old;

TERTAINMENT HALLS, CONCERT GROUNDS, AND CONVENTING
CENTERS;

¢, SPORTING VESUES AND COMPLEXES;

d. Elevator and stairways;


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 bus stations;
restaurant conference halls, except for separate smoking areas; and

h, Food preparation areas.

SECTION 2.A new

ction 7 is hereby added to read as follows:

SEC. 7. ABSOLUTE PROHIBITION ON SMOKING IN EDUCATIONAL
INSTITUTIONS. SMOKING IS ABSOLUTELY PROHIBITED IN ALL PUBLIC AND
PRIVATE SCHOOLS AND OTHER EDUCATIONAL INSTITUTION. THIS
ABSOLUTE PROHIBITION ALSO APPLIES DURING ALL SCHOOL RELATED
ACTIVITES HELD OUTSIDE OF THE SCHOOL PREMISES.

SECTION 3.Section 10 is hereby amended to read as follow:

See. 10. Sale of Tobacco Products Within School Perimeters - The sale or distribution of
tobacco products is prohibited within one hundred (100) meters from any point of the perimet
of a school. IN ADDITIONAL, SALE AND DISTRIBUTION OF TOBACCO PRODUCTS
TO MINOR STUDENTS ARE PROHIBITED AT ALL TIM) EVEN BEYOND THE 100
METER RESTRICTION.

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 (DOS
f, Secretary of the Department of Education (DepEd);

g. Chairperson of the Commission on Higher Education (CHED);
h. Director General of TESDA;

i. Administrator of the National Tobacco Administration (NTA);



j.A representative from a non-govemment organization (NGO) involved in public health
promotion nominated by DOH in consultation with concerned NGOs; The Department
Secretaries may designate their Undersecretaries as their authorized representatives to the JAC.

Approved.