ec? RESS

RECEIVED ”
UATE:FEB 17

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

EIGHTEENTH CONGRESS
284 Regular Session

House Bill No. 8763"

Introduced by Representatives ROWENA NINA O. TADURAN, ERIC YAP,
and JOCELYN PUA-TULFO

EXPLANATORY NOTE

The COVID-19 pandemic underscored the importance of prioritizing our
health. Now more than ever, government should scale up efforts to promote healthy
living choices to all Filipinos. Even prior to the pandemic, the Philippines is struggling
to combat the ever-persistent problem on tobacco use. The official data from the
Global Adult Tobacco Survey revealed that 23.5% of Filipino adults have experienced
smoking. The deadly impacts of tobacco use in our health have been established for
decades. The recent passage of significant tax increases on tobacco products not only
reduced the smoking prevalence in the country but is also a manifestation of the
government's commitment to rid the country of smoking-related diseases.

Now, more than ever is the most opportune time for a more stringent tobacco
control measure to ensure a smoke-free new normal. The chief implementer of the
National Task Force (NTF) on COVID-19 himself Gen. Carlito, Galvez revealed that
smoking areas along with canteens and shuttle buses are virus transmission hotspots.
1Furthermore, toxic substances from tobacco and novel tobacco products weaken the
body's immune system which increases the risk of contracting severe COVID-19
infections. *

The right to health of Filipinos is deeply enshrined in the 1987 Constitution.
Furthermore, the country’s commitment to the World Health Organization -
Framework Convention on Tobacco Control (WHO- FCTC) reinforces the need to
protect public health by promoting tobacco control measures based on current and
relevant scientific considerations. President Rodrigo Duterte’s Executive Order No. 26
(EO 26) explicitly states that “scientific evidence has unequivocally established the

1 https://mb.com.ph/2020/09/09/galvez-says-canteens-smoking-areas-shuttle-buses-are-
potential-hotspots-for- covid-19/

2 Department of Health Memorandum No. 2020 - 0246

3 https:/ / www.officialgazette.gov.ph/downloads/2017/05may/20170516-EO-26-RRD. pdf


tobacco consumption and exposure to tobacco smoke cause death, disease and
disability, lead to devastating health, social, economic and environmental
consequences, and places burdens on families, on the port, and on national and
local health systems.”?

The role of the Local Government Units (LGUs) and Civil Society
Organizations (CSOs) will be instrumental in the achievement of a smoke-free new
normal. As such, sufficient support to guarantee sustainability of local tobacco control
efforts must be prioritized

In order to minimize access and provide a more supportive environment for
tobacco cessation and complement efforts to mitigate the pandemic, there is an urgent
need to expand smoke-free areas to cover all indoor workplaces and indoor public
spaces. The protection of our people, particularly the youth, should be at the center
of all public health measures that will fortify our country as we head towards a new
and better normal.

in view of the foregoing, a switt passage ofthis bill is earnestly sought.

= ERIC GO YAP

Representative, ACT-CIS Partylist Representative, ACT-CIS Partylis



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

EIGHTEENTH CONGRESS
284 Regular Session

House Bill No.__8763_

Introduced by Representatives ROWENA NINA O. TADURAN, ERIC YAP,
and JOCELYN PUA-TULFO.

AN ACT
MANDATING A SMOKE-FREE ENVIRONMENT IN ALL PUBLIC AND
WORKPLACES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9211,
OTHERWISE KNOWN AS THE "TOBACCO REGULATION ACT OF 2003"

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

SECTION 1. This Act shall be known as the “Smoke-Free Environment Act”.

SEC, 2, Declaration of Policy. - It is the policy of the State to protect and
promote the right to health of the people and instill health consciousness among them.
The State also recognizes that effective measures to provide protection from exposure
to tobacco smoke, as envisioned by Article 8 of the World Health Organization
Framework Convention on Tobacco Control, require the total elimination of smoking
and tobacco smoke in a particular space or environment in order to create a 100%
smoke free environment. It is, therefore, the State's policy to protect all people from
exposure to tobacco smoke.

SEC. 3. Constructi - In case of doubt, the interpretation of any of the
provisions of this Act, including its implementing rules and regulations (IRRs), shall
be construed liberally in favor of the protection and promotion of public health.

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

“SEC. 4, Definition of Terms. - As used in this Act:

“n, Public Places - refers to all places fixed or mobile, that are accessible
or open to the public or places for collective use, regardless of ownership or
right to access, including but not limited to, schools, workplaces, government
facilities, establishments that provide food and drinks, accommodation,
merchandise, professional services, entertainment, or other services, It also includes



outdoor spaces where facilities are available for the public or where facilities are
available for the public or where a crowd of people would gather such as but not
limited to playgrounds, sports grounds or centers, church grounds, health/hospital
compounds, transportation, terminals, markets, parks, resorts, walkways/ sidewalks,
entrance ways, waiting areas and the like.”

“v. Persons-in-charge - refers to the president, manager in case of a company,
corporation, partnership or association, the owner/ proprietor/operator in case of a
single proprietorship, or the administrator in case of government or private property,
facility, office or building, and the city/municipal schools superintendent, school
president, dean or principal in case of schools,

“w. Workplaces - any place used by people during employment or work,
including voluntary work. It includes not only those places at which work is
performed, but also attached or associated places commonly used by the workers
in the course of their employment, including, but not limited to, corridors, lifts,
lobbies, joint facilities, cafeterias, toilets, lounges, lunchrooms and also outbuildings
such as sheds

and huts. Vehicles used in the course of work are workplaces and should be
specifically identified as such.”

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

“SEC. 5. Smoke-free Public Places. - Smoking shall be prohibited in all public
and workplaces:

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;

b. Elevator and stairwells;

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

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

e, Public conveyance and public facilities including airport and ship terminals
and train and bus stations, restaurant and conference halls;

£. Food preparation areas;

g. Government offices; and

h. Other public places as may be designated as smoke-free through an

ordinance to promote general welfare.

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


“SEC. 6, Non-Smoking Areas and 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, possessor, manager or
administrator of such places may establish smoking areas. Such area must be in an
outdoor space with the following requirements:

a. It shall be located in an open space with no permanent or temporary roof or
walls in an outdoor area;

b. It shall not be located within 10 meters of entrances, exits or any place where
people pass or where people congreg:

¢. It shall not have an area larger than 10 square meters;

d. No more than one smoking area shall be designated in a building or public
place;

e. No food or drinks shall be served in the designated smoking area; and,

£. Every smoking area shall have a highly visible and prominently displayed
“Smoking Area” signages.

Nothing in this Act shall compel persons-in-charge to establish designated
smoking areas nor prevent them from instituting more stringent measures in their
buildings and establishments to better ensure a smoke-free environment.

These smoking and non-smoking signages should be made part of renewal of
the requirements for the issuance and/or 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.

SEC. 7. Obligations of Persons-in-Charge. Persons-in-charge, operators and
owners of establishments within public and workplaces shall:

a. Prominently post and display “No Smoking” Signage in locations most
visible to the public. The sign shall be at least 8 x11 inches in size;

b, Removeash trays and other receptacles for disposing cigarette refuse in place
where smoking is prohibited;

c. Establish internal procedures and measures in which this Act shall be
implemented and ordered within his or her areas of jurisdiction;

d. Ensure that all employees are aware of this Act before implementation and
enforcement; and,

e. Have several signages versions, including those written in local dialects or in
English.

SEC. 8. Prohibited Acts. The following are declared unlawful:
a. Smoking in public and workplaces;


b. Inducing, allowing, or tolerating smoking in smoke-free areas provided in
Section 5 and 6 of this Act. c. Establishment of smoking areas in smoke-free public
places pursuant to Section 5;

d. Failure to comply with the requirements provided under Section 6; and, e.
Other analogous acts or omissions in violation of this Act.

SEC. 9. Persons Liable. - The following are liable and shall be punished in
accordance with the governing provisions of this Act:

a. Any person or entity who commits prohibited acts; and

b. Persons-in-charge who knowingly allow, abet, authorize, or tolerate the
prohibited acts, or have failed to fulfill their duties and obligations enumerated in this
Act.

SEC. 10. Creation of Smoke-Free Task Forces. - All provinces, cities and
municipalities are mandated to establish a Smoke-Free Task Force. The Smoke-Free
Task Force, in coordination with Philippine National Police, shall be responsible in the
implementation, enforcement, and monitoring of this Act; provided that, the
effectivity and enforcement of this Act shall not be prejudiced by the lack of a Smoke
Free Task Force in the local government unit.

Local government units shall allocate a 3% dedicated fund from the Local
Health Budget for the operation of the Smoke Free Task Force and shall enact
measures necessary to implement the provisions of this Act including the
development and implementation of supportive programs to promote smoke-free
environment. The Task Force is mandated to meet on a quarterly basis, or whenever
necessary, to carry out the provisions of this Act and other relevant tobacco control
laws and ordinances.

The Smoke-Free Task Force shall be chaired by the Mayor and co-chaired by
the Municipal / City

Health Office. The Task Force shall have the following members:

a) Business Processing and Licensing Office

b) Engineering Office

¢) Offices involved in Peace and Order

d) Association of Barangay Captains Chair

e) SK Federation President

f) School District Representative

g) Tertiary Institution Representatives

The Smoke-Free Task Force shall include at least one representative from civil
society organizations, community and people organizations promoting public health
which should not be connected, directly or indirectly, or represent the interest of the
tobacco industry.



SEC. 11. - Awards and Recognition - The Department of Health (DOH) and
the Department of the Interior and Local Government (DILG) are hereby requested
to include the faithful implementation of this Act, particularly the performance of the
Smoke-Free Task Force, as a requisite in the granting of the Red Orchid Awards and
the Seal of Good Local Governance, respectively.

SEC. 12. - Section 32(a) of RA 9211 is hereby further amended to read as
follows:

“SEC. 32, Penalties, - The following penalties shall apply:

a. Violation of Section 5 and 6 - A fine of not less than Two Thousand Pesos
(PHP 2,000.00) but not more than Three Thousand Pesos (PHP 3,000.00) shall be
imposed for every infraction to any person who shall smoke, induce, abet or allow
someone to smoke in a prohibited place, together with the confiscation and
destruction of all tobacco products in his or her possession.

“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 for every person,
whether natural or juridical, that shall establish or maintain an unlicensed or illegal
designated smoking area, together with the demolition or destruction of the
unlicensed or illegal designated smoking. This is without prejudice to the suspension,
cancellation and revocation of licenses and/or permits that may be imposed upon the
business entity or establishment consistent to existing rules and ordinances of the local
government unit.”

SEC. 13. Separability Clause. - If any provision of this Act is held invalid or
declared unconstitutional, the other provisions which are not affected thereby shall
remain valid and subsisting.

SEC. 14. Repealing Clause. - Sections 4(n), 5, 6 and Section 32(a) of Republic
Act No, 9211 are hereby repealed or modified accordingly.

SEC. 15. Effectivity. - This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in two (2) newspapers of general
circulation.

Approved,