FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.B. No. 2356 
INTRODUCED BY SENATOR PIA S. CAYETANO 
EXPLANATORY NOTE 
Republic Aot 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 
meetin~s and consultations conducted by the Committee on Health and Demography in 
the 141 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 9211 is the composition of the IAC-T. It is a 
common fact that Republic Act No. 9211 is basically a health law. However, under RA 
9211, the lead agency of the IAC-T is the Department of Trade and Industry (DTI) with 
the Department of Health (DOH) only as the vice chair and this gives rise to the difficulty 
in the enforc;ement 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 Inter-Agency 
Committee on Tobacco (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, approval of this Bill is urgently sought. 
ttJ.~# 
PIA (' CA YET. NO 
Senato 


FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. No. 
235B 
y 
INTRODUCED BY SENATOR PIA S. CAYETANO 
"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 
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SEC. 1. Section 5 of Republic Act No. 9211 is hereby amended to read as 
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follows: 
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Sec. 5. Smoking in Public Places. - Smoking shall be absolutely prohibited 
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in the following public places: 
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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 


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h. Food preparation areas. 
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SEC. 2. A new Section 6 is hereby added to read as follows: 
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SEC. 6. SMOKING IN PRIVATE CONVEYANCES .• 
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SMOKING 
IS 
ABSOLUTELY 
PROHIBITED 
IN 
PRIVATE 
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CONVEYANCES WHERE 
THERE 
ARE 
MINORS, 
SENIOR 
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CITIZENS AND PREGNANT WOMEN. PRIVATE CONVEYANCE 
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SHALL REFER TO ANY VEHICLE THAT IS NOT CONSIDERED 
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A PUBLIC CONVEYANCE, AS DEFINED IN SECTION 4(M) 
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HEREIN. 
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SEC. 3. Section 6 of Republic Act No. 9211 is hereby amended to read as 
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follows and the subsequent sections shall also be renumbered accordingly. 
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Sec. 7 [6]. Designated Smoking And Non-Smoking Areas. -
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In all enclosed places that are open to the general public, private 
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workplaces, and other places not covered under the preceding 
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section, where smoking may expose a person other than the 
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smoker to tobacco smoke, the owner, proprietor, operator, 
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possessor, manager or administrator of such places shall establish 
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smoking and non-smoking areas. Such areas may include a 
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designated smoking area within the building, which may be in an 
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open space or separate area with proper ventilation, but shall not 
, 
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be located within the same room that has been designated as a 
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non-smoking 
area, 
PROVIDED, 
THAT 
IN 
ALL 
SCHOOL· 
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RELATED ACTIVITIES, WHETHER WITHIN OR OUTSIDE THE 
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SCHOOL PREMISES AND WHETHER HELD INDOORS OR 
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OUTDOORS, 
PROHIBITED. 
SMOKING 
SHALL 
BE 
ABSOLUTELY 
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." 
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THESE 
SMOKING 
AND 
NON-SMOKING 
SIGNAGES 
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SHOULD BE MADE PART OF THE REQUIREMENTS FOR THE 
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ISSUANCE ANDIOR RENEWAL OF THE BUSINESS PERMITS 
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ANDIOR PERMITS TO OPERATE OF ESTABLISHMENTS, 
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HEALTH FACILITIES OR SCHOOLS AND THE FAILURE TO 
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COMPLY THEREWITH IS A GROUND FOR THE DENIAL OR 
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REVOCATION OF SUCH PERMITS, PROVIDED, THAT FOR 
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SCHOOLS, THESE SIGNAGES SHOULD BE PROMINENTLY 
, 
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DISPLAYED WHENEVER YOUTH ACTIVITIES ARE BEING 
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CONDUCTED DECLARING THAT THE AREA IS A SMOKE-
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FREE ZONE. 
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SEC. 4. Section 29 of Republic Act No. 9211 is hereby amended to read as 
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follows: 
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"Sec. 29. Implementing Agency. - An Inter-Agency Committee-
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Tobacco (lAC-Tobacco), which shall have the exclusive power and 
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function to administer and implement the provisions of this Act, is hereby 
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created. The lAC-Tobacco shall be chaired by the Secretary of the 
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Department of HEALTH (DOH) with the Secretary of the Department of 
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TRADE AND INDUSTRY (DTI) as Vice Chairperson. The lAC-Tobacco 
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shall have the following members: 
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a. Secretary of the Department of Agriculture (DA); 
b. Secretary of the Department of Justice (DOJ); 
c. Secretary of the Department of Finance (DO F); 
d. 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); 
g. 
Administrator of the National Tobacco Administration (NTA); 
h. A representative from a non-government organization (NGO) 
involved in public health promotion nominated by DOH in 
consultation with the concerned NGOs; 
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The Department Secretaries may designate their Undersecretaries as their 
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authorized representatives to the lAC. 
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SEC. 5. Section 32 of RA 9211 is hereby amended to read as follows: 
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Sec. 33 [32). Penalties - The following penalties shall apply: 
a. 
Violation of Sections 5, 6 and 7 [6]. - x x x 
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SEC. 6. Separability Clause. - If any part or provision of this Act shall be held 
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unconstitutional or invalid, other provisions thereof which are not affected thereby shall 
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continue to be in full force and effect. 
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SEC. 7. Repealing Clause. - All laws, presidential decrees, executive orders, 
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rules and regulations or parts thereof which are not consistent with this Act are herby 
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repealed, amended or modified accordingly. 
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SEC. 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in the Official Gazette or in at least two (2) newspapers of general 
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circulation, whichever comes earlier. 
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Approved, 
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