“ Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

FIFTEENTH CONGRESS
Second Regular Session

ry
HOUSE BILL NO. 570

INTRODUCED BY: HON. MARCELINO “MARCY” R. TEODORO

EXPLANATORY NOTE

The pernicious effects of tabacco smoking on one's health are indisputable and all
efforts must be undertaken to protect people from said harmful consequences either through
regulation or outright prohibition, as the case may be.

While smoking in itself is not untawful as every consenting adult has all the right to
engage in it, without necessarily having to ask for permission nor consent from concerned
authorities, it can be subjected to certain limitations the moment smoking becomes
deleterious to other people, who have the same recognized right to be protected from it.

This could not be more glaring in the case of children, who have always been victims of
second hand smoking coming from all fronts. Therefore, unless appropriate measures are
adopted, they shall forever be subject to many hazardous consequences smoking can bring
people.

The purpose of this bill is to address this situation by protecting children from exposure
to environmental tobacco smoke. Given the nature of smoking and also that smokers, with
their uncontrollable and insatiable addiction, a law is needed as they cannot be expected to
morally take it upon themselves to act responsibly.

Hence, immediate enactment of this measure is earnestly sought, before it becomes

too late.
| ana

MARCELINO “MARCY” R. TEODORO
Representative, 1° District
Cily of Marikina


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

FIFTEENTH CONGRESS
Second Regular Session

4
HOUSE BILL NO. 5740

INTRODUCED BY: HON. MARCELINO “MARCY” R. TEODORO

Be

(1)

(1)
(2)

qa)

AN ACT
TO PROTECT CHILDREN FROM EXPOSURE TO ENVIRONMENTAL TOBACCO
SMOKE

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 Kics from
Inhaling Deadly Smoke (PROKIDS) ACT OF 2012.

SECTION 2. Definitions. - As used in this Act, the term:
Children's services" means:

(A) Direct health services routinely provided to children; or
(B) 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, non 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 non-smoking 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 the 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 not allow smoking in those positions of the
facility

In which such services are not normally provided directly to children; and

That were 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 govemment funds or financial assistance for a
waiver of the requirements of paragraph (8). A waiver may be granted, ater an
opportunity for public hearing and comment, only if the person provided assurances
satisfactory to the government agency that:

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 non-smoking policy described in paragraph (B); and the
person will establish and make a good-faith effort to enforce an alternative non-smoking


policy that will protect children from expe sure to environmental tobacco smoke to the
maximum extent possible; or

(2) The person will establish and r 3ke good faith effort to enforce an alternative
non-policy policy that will protect children from exposure to environmental tobacco
smoke to the same degree as the policy described in subsection (B).
{D) Technical Assistance. - The Secretary of Health or his duly authorized agent shall
provide technical assistance of government agencies and other persons who request
such assistance, including:

a) 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 thereof, 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 ot 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.

SECTION 6. Effectivity Clause. - This Act shall take effect fifteen (15)days after its
publication in at least two (2) newspapers of general circulation

Approved.