MERGED: Smoking Ban in Cebu City

[mondzter]

---

ako mo smoke ko pero naa man sad intawon ko kaikog dili gyud ko smoke inside PUJ/PUV.

[boski]

maglisod ug implement ani nga law kay mismo ang enforcer ug uban pang magbantay unta sa driver mao pa hinuon manigarilyo ug una!

mao jud. law maker law breaker

[SioDenz]

saon nlan ang dakong tax sa gobyerno sa tobacco industries nga binilyon...di sila musogot ois...murag dream ra jud ni taman..hehe

[meowa]

that we are aware that there is a law for this helps, but we shouldn't wait for government to implement it. we defeat ourselves by waiting for others to do something we can do ourselves.

yes, its ok to politely ask a smoker to not smoke in public places.

if manghinayang pa sya sa one stick, i'm willing to reimburse the cost of the stick than to inhale his 2nd hand smoke.

and as for the cigarette vendors, i'm sure they can find other things to sell. maayo pa mag-sell ng food.

[Mz.Sassy21]

yah!1
dghan jud LAW's pero mostly are useless
just an OPINION ha?
thnx,.

[Teban2006]

Mga trapo man gud ang mga police and dotc or LTO,,to prove suroya ng terminal bus tapad sa DOTC LTO region 7,,,360 degrees ang bulhot sa sigarilyo.


Taaaaasssss kaayo ang balaod ani:



Home » Resources » Legal Resources
Tobacco Regulation Act of 2003 (RA 9211)

*

Congress of the Philippines
Twelfth Congress
Second Regular Session

Begun held in Metro Manila on Monday, the twenty-second day of July, two thousand two

Republic Act No. 9211

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. Short Title - This Act shall be known as the "Tobacco Regulation Act of 2003."

Section 2. Policy - it is the policy
of the State to protect the populace from hazardous products and
promote the right to health and instill health consciousness among
them. It is also the policy of the State, consistent with the
Constitutional ideal to promote the general welfare, to safeguard the
Interests of the workers and other stakeholders in the tobacco
industry. For these purposes, the government shall institute a balanced
policy whereby the use, sale, and advertisements of tobacco products
shall be regulated in order to promote a healthful environment and
protect the citizens from the hazards of tobacco smoke, and at the same
time ensure that the interest of tobacco farmers, growers, workers and
stakeholders are not adversely compromised.

Section 3. Purpose - It is the main thrust of this Act to:

a. Promote a healthful environment;

b. Inform the public of the health risks associated with cigarette smoking and tobacco use;

c. Regulate and subsequently ban all tobacco advertisements and sponsorships;

d. Regulate the labeling of tobacco products;

e. Protect the youth from being initiated to
cigarette smoking and tobacco use by prohibiting the sale of tobacco
products to minors;

f. Assists and encourage Filipino tobacco farmers to
cultivate alternative agricultural crops to prevent economic
dislocation; and

g. Create an Inter-Agency Committee on Tobacco (IAC-Tobacco) to oversee the implementation of the provision of this Act.

Section 4. Definition of Terms - As used in this Act:

a. "Advertisement" - refers to any visual and/or
audible message disseminated to the public about or on a particular
product that promote and give publicity by words, designs, images or
any other means through broadcasts, electronic, print or whatever form
of mass media, including outdoor advertisements, such as but no limited
to signs and billboards. For the purpose of this Act, advertisement
shall be understood as tobacco advertisement.

b. "Advertising" - refers to the business of
conceptualizing, presenting, making available and communicating to the
public, through any form of mass media, any fact, data or information
about the attributes, features, quality or availability of consumers
products, services or credit.

For the purpose of this Act, advertising shall be
understood as tobacco advertising. This shall specifically refer to any
messages and images promoting smoking; the purchase or use of cigarette
or tobacco trademarks brand names, design and manufacturer's names;

c. "Advertiser" - refers to a person or entity on
whose account of for whom an advertisement is prepared and disseminated
by the advertising agency, which is service established and operated
for the purpose of counseling or creating and producing and/or
implementing advertising program in various forms of media;

d. "Cigarette" - refers to any roll or tubular
construction, which contains tobacco or its derivatives and is intended
to be burned or heated under ordinary conditions of use;

e. "Distributor" - refers to any person to whom a
tobacco product is delivered or sold for purposes of distribution in
commerce, except that such terms does not include a manufacturer or
retailer or common carrier of such product;

f. "Mass Media" - refers to any medium of
communication designed to reach a mass of people. For this purposes,
mass media includes print media such as, but not limited to,
newspapers, magazines, and publications; broadcast media such as, but
not limited to, radio, television, cable television, and cinema;
electronic media such as but not limited to the internet;

g. "Minor" - refers to any person below eighteen (1 years old;

h. "Manufacturer" - refers to any person entity,
including a re-packer, who makes, fabricates, assembles, processes, or
labels a finished product;

i. "Package" - refers to pack, boxes, cartons or
containers of any kind in which any tobacco product is offered for sale
to consumers;

j. "Persons" - refers to an individual, partnership, corporation or any other business or legal entity;

k. "Point-of-sale" - refers to any location at which an individual can purchase or otherwise obtain tobacco products;

l. "Promotions" - refers to an event or activity
organized by or on behalf of a tobacco manufacturer, distributor or
retailer with the aim of promoting a brand of tobacco product, which
event or activity would not occur but for the support given to it by or
on behalf of the tobacco manufacturer's name, trademark, logo, etc. on
non-tobacco products. This includes the paid use of tobacco products
bearing the brand names, tradenames, logos, etc. In movies, television
and other forms of entertainment. For the purpose of thus Act,
promotion shall be understood as tobacco promotion;

m. "Public Conveyance" - refers to mode of
transportation servicing the general population such as, but not
limited to, elevators, airplanes, buses, taxicabs, ships, jeepneys,
light rail transits, tricycles, and similar vehicles;

n. "Public Places" - refer to enclose or confined
areas of all hospitals, medical clinics, schools, public transportation
terminals and offices, and building such as private and public offices,
recreational places, shopping malls, movie houses, hotels, restaurants,
and the like'

o. "Retailer" - refers to any person who or entity that sells tobacco products to individuals for personal consumption;

p. "Smoking" - refers to the act of carrying a
lighted cigarette or other tobacco products, whether or not it is being
inhale or smoked;

q. "Sponsorship" - refers to any public or private
contribution to a third party in relation to an event, team or activity
made with the aim of promoting a brand of tobacco product, which event,
team or activity would still exist or occur without such contribution.
For the purpose of this Act, sponsorship shall be understood as tobacco
sponsorship;

r. "Tobacco" - refers to agricultural components
derived from the tobacco plant, which are processed for use in the
manufacturing of cigarettes and other tobacco products;

s. "Tobacco Products" - refers to any product that
consists of loose tobacco that contains nicotine and is intended for
use in a cigarette, including any product containing tobacco and
intended smoking or oral or nasal use. Unless stated otherwise, the
requirements of this Act pertaining to cigarettes shall apply to other
tobacco products;

t. "Tobacco Grower" - refers to any person who
plants tobacco before the enactment of this Act and classified as such
by the national Tobacco Administration (NTA); and

u. "Warning" - refers to the notice printed on the
tobacco product or its container and/or displayed in print or alert in
broadcast or electronic media including outdoor advertising and which
shall bear information on the hazard of tobacco use;

[Teban2006]

ection 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 (1 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, except for separate smoking areas; and

f. Food preparation areas.

Section 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 to the other than the smoker to
tobacco smoke, the owner, proprietor, possessor, manager or
administrator of such places shall establish 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.1�vvph�|.��t

All designated smoking areas shall at least one (1)
legible and visible sign posted, namely "SMOKING AREA" for the
Information and guidance of all concerned. In addition, the sign or not
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: "NO SMOKING
AREA" or "NO SMOKING".

ACCES RESTRICTIONS

Section 7. Vending Machines, Self-Service Facilities -
unless the vending machine has a mechanism for age verification, the
sale or distribution of tobacco products to minors by means of a
vending machine or any self-service facility or similar contraption or
device is prohibited, except at point-of-sale establishments.

Section 8. Retailer Compliance With Respect To Self-Service Facilities. -
Each retailer shall ensure that all tobacco-related self-service
displays or facilities, advertising, labeling and other items that are
located in the establishment of the retailer and that do not comply
with the requirements of this Act are removed or are brought into
compliance with the requirements of this Act.

Section 9. Minimum Age Sales - Under this Act, It shall be unlawful:

a. For any retailer or tobacco products to sell or distribute tobacco products to any minor;

b. For any person to purchase cigarettes or tobacco products from a minor;

c. For a minor to sell or buy cigarettes or any tobacco products; and

d. For a minor to smoke cigarettes or any other tobacco products.

It shall not be a defense for the person selling or
distributing that he/she did not know or was aware of the real age of
the minor. Neither shall it be a defense that he/she did not know nor
had any reason to believe that the cigarette or any other tobacco
product was for the consumption of the minor to whom it was sold.

Section 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 perimeter of a school,
public playground or other facility frequented particularly by minors.

Section 11. Sinage - Point-of-Sale
establishments offering, distributing or selling tobacco products to
consumers, shall post the following statement in a clear and
conspicuous manner: "SALE/DISTRIBUTION TO OUR PURCHASE BY MINORS OF
TOBACCO PRODUCTS IS UNLAWFUL" or " IT IS LAWFUL FOR TOBACCO PRODUCTS TO
BE SOLD/DISTRIBUTED TO OR PURCHASED BY PERSONS UNDER 18 YEARS OF AGE".

Section 12. Proof Of Age Verification -
In case of doubt as to the age of the buyer, retailers shall verify, by
means of any valid from of photographic identification containing the
date of birth of the bearer, that no individual purchasing a tobacco is
below eighteen (1 years of age.

ADVERTISING AND PROMOTIONS

Section 13. Warning On Cigarette Packages - Under this Act:

a. All packages in which tobacco products are
provided to consumers withdrawn from the manufacturing facility of all
manufacturers or imported into the Philippines intended for sale to the
market, starting 1 January 2004, shall be printed, in either English or
Filipino, on a rotating basis o separately and simultaneously, the
following health warnings:

"GOVERNMENT WARNING; Cigarette are Addictive";

"GOVERNMENT WARNING; Tobacco Can harm your Children"; or

"GOVERNMENT WARNING; Smoking Kills."

b. Upon effectivity of this Act until 30June 2006,
the health warning shall be located on one side panel of every tobacco
product package and occupy not less than fifty percent (50%) of such
side panel including any border of frame.

c. Beginning 1 July 2006, the health warning shall
be on the bottom portion of one (1) front panel of every tobacco
product package and occupy not less than thirty percent (30%) of such
panel including any border or frame. The text of the warning shall
appear in clearly legible type in black text on a white background with
a black border and in contrasts by typography; layout or color to the
other printer materials on the package. The health warning shall occupy
a total area of less than fifty percent (50%) of the total warning
frame.

d. The warning shall be rotated periodically, or
separately and simultaneously printed, so that within any twenty-four
(24) month period, the four (4) variations of the warnings shall appear
with proportionate frequency.

e. The warning shall not be hidden or obscured by
other printed information or images, or printed in a location where tax
or fiscal stamps are likely to be applied to the package or placed in a
location where it will be damaged when the package is opened. If the
warning to be printed on the package is likely to be obscured or
obliterated by a wrapper on the package, the warning must be printed on
both the wrapper and the package.

f. In addition to the health warning al packages of
tobacco products that are provided to consumers shall contain, on one
side panel the following statement in a clear, legible and conspicuous
manner; "NO SALE TO MINORS" or "NOT FOR SALE TO MINORS." The statement
shall occupied an area of not less than ten percent (10%) of such side
panel and shall appear in contrast by color, typography or layout with
all the other printed material on the side panel.

g. No other printed warnings, except the health
warning and the message required in this Section, paragraph F shall be
placed on cigarette packages.

Section 14. Warning On Advertising - Under this Act:

a. All tobacco advertising in mass media shall
contain either in English or Filipino, the following health warning;
"GOVERNMENT WARNING: Cigarette Smoking is Dangerous to Your Health."

b. For print and outdoor advertisement, the warning
frame shall be centered across the bottom of the advertisement and
occupy a total area of not less than fifteen percent (15%) of such
advertisement including any border or fame. The text of the health
warnings shall be clearly visible and legible, printed in a prominent
color as approximate and shall appear in contrast by color, typography
or layout with all other printed material in the advertisement. The
warning shall not be hidden or obscured by other printed information or
images in the advertisement.

c. For television and cinema advertisements, the
warning shall be clearly shown and voiced over in the last five (5)
seconds of the advertisement, regardless of the duration of the
advertisement, even when such advertisement is silent. The health
warning shall occupy a total area of not less than fifty percent (50%)
of the television screen and shall be clearly visible, legible, and
audible, in black text on white background or white text on black
background. No other images except in writing shall be included in the
warning frame.

d. For radio advertisement, the warnings stated
after the advertisement shall be clearly and audibly voiced over in the
last five (5) seconds of the advertisement, regardless of its duration.

Section 15. Restrictions On Advertising - The following restrictions shall apply to all tobacco advertising:

a. Advertisement shall not be aimed at or particularly appeal to persons under eighteen (1 years of age.

b. Advertisement shall not feature a celebrity or contain an endorsement, implied or express by a celebrity.

c. Advertisement shall not contain cartoon
characters or subjects that depict humans or animals with comically
exaggerated features or that attribute human or unnatural
characteristics to animals, plants or other objects.

d. Advertisement shall not show, portray or depict
scenes where the actual use of, or the act of using, puffing or
lighting cigarettes or other tobacco products is presented to the
public.

Section 16. Restrictions on Print Media Advertising - The following restrictions shall apply to all print media tobacco advertisements:

a. Advertisements shall not be placed in any printed
publication unless there is a reasonable basis to believe that at least
seventy-five percent (75%) of the readers of such publication are
eighteen (1 years of age and above, and the number of youth who read
it constitutes less than ten percent (10%) of all youth in the
Philippines.

b. Advertisements shall not be placed on the
packaging or outside covers (front and back) of a magazine, newspaper,
journal or other publication printed for general circulation.

Section 17. Restrictions on Outdoor Advertising - The following restrictions shall apply to all print media tobacco advertisements:

a. Outdoor advertisements shall not be placed on
billboards, wall murals, or transport stops or stations which are
within the one hundred (100) meters from any point of the perimeter of
a school, public playground or other facility frequented particularly
by persons below eighteen (1 years of age.

b. Outdoor advertisements shall not, either
individually or when placed indeliverate combination with other outdoor
tobacco advertising, exceed seventy (70) square meters in total size.

c. Outdoor advertisements shall not be placed on
taxis, buses, trains or other public conveyance or in stations,
terminals or platforms thereof, except point-of-sale establishments.

Section 18. Restrictions on Advertising In Cinemas -
Tobacco advertisements are prohibited in connection with the showing of
any film where persons below eighteen (1 years old are permitted
admission

Section 19. Restrictions on Television -
Advertisements shall not be broadcast on television, cable television,
and radio between seven o' clock in the morning and seven o' clock at
night.

[Teban2006]

Cont.

Section 20. Restriction on Advertising In Audio, Video And Computer Cassettes/discs And Similar Medium -
No electronic advertisements shall be incorporated within any video or
audio cassette, videogame machine, optical disc or any similar medium,
unless access to the item is restricted to persons eighteen (1 years
of age or older. For the purpose of this Section, video game includes
any electronic amusement device that utilizes a computer,
microprocessor, or similar electronic circuitry and its own cathode ray
tube, or is designed to be used with a television set or monitor that
interacts with the user of the device.

Section 21. Restrictions on Advertising On The Internet And Similar Medium -
Advertisement are prohibited on the internet and other similar medium
unless that Internet site is restricted to persons eighteen (1 years
of age or older. A site will be deemed restricted if a person cannot
obtain access beyond the first page of the website unless the persons
has established that he or she is at least eighteen (1 years old.
This limitation applies to commercial communications and shall not
prevent the use of company Internet websites to provide information
regarding a company, its products and smoking and health related
information. This Section shall prohibit business-to-business
transactions conducted on the Internet, and other similar medium
between tobacco manufactures, retailers and distributors.

Section 22. Ban On Advertisements - Beginning 1 January 2007, all tobacco advertising on television, cable television and radio shall be prohibited.

Beginning 1 July 2007, all cinema and outdoor
advertising shall be prohibited. No leaflets, posters and similar
outdoor advertising materials be posted, except inside the premises of
point-of-sale retail establishments.

Beginning 1 July 2008, all forms of tobacco
advertising in mass media shall be prohibited except tobacco
advertisements placed inside the premises of point-of sale
establishments.

Section 23. Restrictions on Tobacco Promotions - The following restrictions shall apply on all tobacco promotions.

a. Promotions must be directed only to persons at
least eighteen (1 years old. No person below eighteen (1 years old
or who appear to be below eighteen (1 years old may participate in
such promotions. The participants in promotions must be required to
provide proof of age.

b. Communications to consumers about tobacco
promotions shall comply with the provisions of this Act governing
tobacco advertising. In addition to the required health warning, the
age requirement for participation in any promotion must be clearly
marked on the program materials distributed to consumers.

c. All stalls, booths and other display concerning tobacco promotions must be limited to point-of-sale of adult only facilities.

d. Telephone Communications concerning promotional
offers, programs or events must include a recorded health warning
message in English or Filipino consistent with the warnings specified
in this Act.

e. No placement shall be made by manufacturer,
distributor, or retailer of any tobacco product or tobacco product
packages and advertisement as a prop in any television program or
motion picture produced for viewing by the general public or in a
video, or optical disc or on video game machine.

f. The name, logo or other indicia of a cigarette
brand may appear on cigarette lighters, ashtrays, of other smoking
related items. If such name, logo or other indicia of the cigarette
brand is larger than fifty (50) square centimeters, the item must carry
a health warning consistent with the warnings specified in this Act.

g. No merchandise such as, but not limited to,
t-shirts, caps, sweatshirts, visors, backpacks, sunglasses, writing
implements and umbrellas, may be distributed, sold or offered, directly
or indirectly, with the name, logo or other indicia of a cigarette
brand displayed so as to be visible to others when worn or used.
Clothing items must be in adult sizes only.

h. No name, logo or other indicia of a cigarette
brand or element of a brand-related marketing activity, may appear on
items that are marketed to or likely to be used by minors such as but
not limited to sports equipment, toys, dolls, miniature replicas of
racing vehicles, video games, and food. The manufacturer or company
must take all available measures to prevent third parties from using
the company's brand names. Logos or other proprietary material on
products that are directed toward minors.

i. No tobacco advertisements may be placed on shopping bags.

Section 24. Naming Rights. - Subject to the provision of this Act:

a. No manufacturer may enter into any agreement
pursuant to which payment is made or other consideration is provided by
such manufacturer to any sports league, or any team involved in any
such league, in exchange for use of tobacco products brand.

b. No manufacturer may enter into any agreement for
the naming rights of any stadium or arena using a tobacco product brand
name or otherwise cause a stadium or arena to be name with such a brand
name.

Section 25. Restrictions on Sponsorships. Beginning 1 July 2006:

a. No sponsorship shall be provided for:

1) an event or activity which bears a tobacco
product brand name, unless there is reasonable basis to believe that
all persons who compete, or otherwise taken an active part, in the
sponsored events or activities, are person eighteen (1 years of age
or older;

2) a team or individual bearing a tobacco product name, unless all persons under eighteen (1 years of age or older;

3) a sponsored event or activity reasonably believed to be particular appear to persons under eighteen (1 years old.

b. Tobacco brand sponsorship shall be prohibited except where there is a reasonable basis to believe that:

1) attendance at the sponsored event or activity
will comprise no less than seventy-five percent (75%) persons at least
eighteen years of age or older;

2) the sponsored event or activity will not be of particular appeal to persons under eighteen (1 years old;

3) the sponsored event or activity will not receive
exposure, other than as a news item, on television or radio or the
Internet, unless such exposure complies with the provisions of this Act
governing tobacco marketing through those media; and

4) the principal activity associated with the
sponsorship does not require above-average physical fitness for someone
of the age group of those taking part.

c. All persons authorized to bear tobacco product
advertisement, logos and brand names at sponsored events shall be at
least eighteen (1 years old.

d. All forms of advertising associated with or ancillary to sponsorship shall comply with the marketing provisions of this Act.

Section 26. Ban on Sponsorships. -
Beginning 1 July 2008, cigarette and tobacco companies are hereby
prohibited from sponsoring any sport, concert, cultural art or event,
as well as individual and team athletes, artists, or performers where
such sponsorship shall required or involve the advertisement or
promotion of any cigarette or tobacco company, tobacco product or
tobacco use, name, logo or trademarks and other words, symbols,
designs, colors or other depictions commonly associated with or likely
to identify a tobacco product; Provided further, That no manufacturer
may register a tobacco brand name as a company name after the passage
of this Act.

Section 27. Restriction on Sampling. - The distribution of samples of tobacco products to persons below eighteen (1 years old is prohibited.

Section 28. Legal Action. - Any legal
action in connection with the tobacco industry shall be governed by the
provisions of the Philippine Civil Code and other applicable laws.

IMPLEMENTING AGENCY AND APPLICATION

Section 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 Trade and Industry (DTI) with the
Secretary of the Department of Health (DOH) 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 Environment and Natural Resources (DENR);

d. Secretary of the Department of Science and Technology (DOST);

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

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

g. A representative from the Tobacco Industry to be nominated by the legitimate and recognized associations of the industry; and

h. A representative from a nongovernment
organization (NGO) involved in public health promotion nominated by DOH
in consultation with the concerned NGO's;

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

Section 30. Application to Tobacco Products -
This provision of this Act shall apply to all tobacco products placed
into commerce in the Philippines. Except as provided below, no
provision of this Act shall apply to tobacco products intended or
offered by the manufacturer for export and not for (retail) sale in the
Philippines.

Tobacco products intended or offered for export
shall be subject only to the requirement that the shipping container
shall be prominently marked on the outside "Export Only": Provided,
that tobacco products which are marked for export, but are sold/traded
or distributed in the Philippine market, shall be subject to immediate
confiscation and destruction.

Section 31. Compliance Monitoring -
Not later than one (1) year after the date of the effectivity of this
Act, and annually thereafter, the IAC-Tobacco shall submit to the
President of the Philippines and to both Houses of Congress a
Compliance Monitoring Report on the compliance of the manufacturers on
all applicable laws and ordinances with respect to the manufacture and
distribution of tobacco products.

The report shall contain pertinent information on
the methods, goals and implementation program of said manufacturers
with respect to the requirements of this Act.

Section 32. Penalties - The following penalties shall apply:

a. Violation of Sections 5 and 6. - On the first
offense, a fine of not less than Five Hundred Pesos (Php500.00) but not
more than One Thousand (Php1,000.00) shall be imposed.

On the second offense, a fine of not less than One
Thousand Pesos (Php1,000.00) but not more than Five Thousand Pesos
(Php5,000.00) shall be imposed.

On the third offense, in addition to a fine of not
less than Five Thousand Pesos (P5,000.00) but not more than Ten
Thousand pesos (Php10,000.00), the business permits and licenses to
operate shall be cancelled or revoked.

b. Violation of Sections 7,8,9, 10 and 11 - On the
first offense, any person or any business entity or establishment
selling to, distributing or purchasing a cigarette or any other tobacco
products for a minor shall be fined the amount of not less than Five
Thousand Pesos (Php5,000.00) or an imprisonment of not more than thirty
(30) days, upon the discretion of the business licenses or permits in
the case of a business entity or establishment.

If the violation is by establishment of business entity, the owner, president, manager, or the most senior officers thereof shall be liable for the offense.

If a minor is caught selling, buying or smoking cigarettes or any other tobacco products, the provisions of Article 189 of Presidential Decree No. 603 otherwise known as The Child and Youth Welfare Code, as amended, shall apply.

c. Violation of Section 13 to 27 - On the first offense, a fine of not more than One Hundred thousand pesos (Php100,000.00) or imprisonment of not more than one (1) year, or both, at the discretion of the court shall be imposed.

On the second offense, a fine of Two hundred thousand pesos (Php200,000.00) or imprisonment of not more than two (2) years, or both, at the discretion of the court shall be imposed.

On the third offense, in addition to a fine of not more than Four Hundred thousand pesos (Php400,000.00) or imprisonment of not more than three (3) years, or both at the discretion of the court, the business permits and licenses, in the case of a business entity or establishment shall be revoked or cancelled.

In the case of a business entity or establishment, the owner, president, manager or officials thereof shall be liable.

If the guilty officer is an alien, he shall summarily be deported after serving his sentence and shall be forever barred from re-entering from the Philippines.

PROGRAMS AND PROJECTS

Section 33. Programs and Projects -
For a period not exceeding five (5) years, the National Government and the concerned departments and agencies shall provide the following programs and projects:

a. Tobacco Grower's Assistance Program - This program shall be utilized to support financially the tobacco farmers who may be displaced due to the implementation of this Act has voluntarily ceased to produce tobacco. To avail of this program, a beneficiary shall present convincing and substantial evidence that:

1. He or she has been a tobacco farmer for the last three (3) years prior to January 1, 2004;

2. He or she belongs to the tobacco producing provinces;

3. He or she has certificate of eligibility to apply issued by the local government Unit and the NTA; and

4. He or she has ceased to plant tobacco for the next preceding season after the enactment of this Act.

b. Tobacco Growers Cooperative.- This program shall promote cooperative programs to assist tobacco farmers in developing alternative farming systems, plant alternative crops and other livelihood projects. The requirements of subsection (a) shall likewise apply.

c. National Smoking Cessation Program - A National Smoking Cessation Program shall be undertaken with the approval of the IAC-Tobacco. The implementing rules and guidelines to reinforce this program shall be submitted to the IAC-Tobacco by the Secretary of Health within three (3) months after the effectivity of this Act.

d. Research and Development Program - The IAC-Tobacco shall establish a research and develop a program to be spearheaded by the NTA in cooperation with the DOST, which will undertake studies concerning technologies and methods to reduce the risk of dependence and injury from tobacco product usage and exposure, alternative uses of tobacco and similar research programs.

e. National Tobacco-Free Public Education Program.- State Universities and Colleges and technical and Vocational Schools shall provide scholarships programs to defendants of tobacco growers for which the administrator of the NTA shall provide implementing rules and guidelines. The guidelines shall be submitted to the IAC- Tobacco within three (3) months after the effectivity of this Act.

f. Displaced Cigarette Factory Workers' Assistance Program.- The Secretary of Labor and Employment with the concurrence of the IAC-Tobacco shall establish a program to assist displaced terminated/ separated or retrenched cigarette factory workers as result of the enactment of the Act. The Secretary of Labor in coordination with the NTA and DTI shall provide the rules as guidelines to effectuate this program and submit the same to the IAC-Tobacco within three (3) months after the effectivity of this Act.

g. Health Programs.- The IAC-Tobacco, in consultation with DOH, shall be responsible for awarding grants to all medical institutions for the purpose of planning, carrying out, and evaluating activities related to smoking-related illnesses. The IAC-Tobacco shall submit to Congress and President of the Philippines the annual report of expenditures related to this program.

h. Withdrawal Clinics.- The DOH shall establish smoking withdrawal clinics to provide counseling regarding the hazardous health effects of tobacco/ cigarette smoking and to rehabilitate smokers form the hazardous effects of such products.

If a smoker-minor voluntarily submits himself for treatment, counseling or rehabilitation in smoking withdrawal clinic located in any medical institution in the Philippines, or through the parents/ guardian, the expenses incurred shall be reimbursable outpatient service of the Philippine Health Insurance Corporation.

INFORMATION PROGRAM

Section 34. Informative Drive. -Consistent with the provisions of this Act, the DOH shall, in cooperation with the DepEd and with the assistance of the Philippine Information Agency (PIA), undertake a continuous information program on the harmful effects of smoking.

The DOH shall enlist the active participation of the public and private sectors in the national effort to discourage the unhealthy habit of smoking.

Section 35. Instructions on the Hazardous Effect of Smoking as Part of School Curricula. -
Instruction on the adverse effects of cigarette tobacco smoking,
including their health, environmental and economic implications, shall be integrated into the existing curricula of all public and private elementary and high schools.

The DepEd Secretary shall promulgate such rules and regulations as may be necessary to carry out the abovestated policy hereof, and, with, the assistance of the Secretary of Health, and with the approval of the IAC-Tobacco, shall cause the publication and distribution of materials on the unhealthy effects of smoking to
students and the general public.

MISCELLANEOUS PROVISIONS

Section 36. Congressional Oversight Committee on Tobacco. -
a Congressional Oversight Committee on Tobacco (COC-Tobacco) is hereby constituted which is mandated to monitor and review the implementation of this Act for a period not exceeding three (3) years. The COC-tobacco shall be composed of the Chairpersons of the Senate Committee on Health, Trade and Commerce, Agriculture and Public Information and the House of Representative Committees on Trade and Industry, Health, Public Information and Agriculture and a Member of the House of Representatives representing the tobacco producing provinces, to be nominated by all the Members of the House of Representatives from tobacco producing districts.

The Secretariat of the COC-Tobacco shall be drawn from the existing secretariat personnel of the standing committees comprising the Congressional Oversight Committee and its funding requirements shall be charged against the appropriations of both the House of Representatives and the Senate of the Philippines.

Section 37. Implementing Rules. - The IAC-Tobacco shall promulgate such rules and regulations necessary for effective implementation of this Act within six (6) months from the date of publication of this Act. The said rules and regulations shall submitted to the COC- Tobacco for its review. The COC-Tobacco shall approve the implementing rules and regulations within thirty (30) working days of receipt thereof: Provided, That in the event the
implementing rules and regulations are not promulgated within the
specified period, the specific provisions of this Act shall immediately be executory.

Section 38. Appropriations. - The amount necessary to implement the provisions of this Act shall be charged against the current year's appropriations of the concerned national government agencies. Thereafter, such funds as may be necessary for the continued implementation of this Act shall be included in the budgets of the concerned national government agencies under the annual General Appropriations Act.

Section 39. Repealing Clause. - DOH
Administrative Orders No. 10 s. 1993 and No. 24 s. 1993 are hereby
repealed. Article 94 of Republic Act No. 7394, as amended, otherwise
known as the Consumer Act of the Philippines, is hereby amended.

All other laws, decrees, ordinances, administrative orders, rules and regulations, or any part thereof, which are consistent with this Act are likewise repealed or amended accordingly.

Section 40. Separability Clause. -
Should any provisions of this Act be subsequently declared unconstitutional, the other provisions not so declared shall remain in full force and effect.

Section 41. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette and at least two (2) newspapers of national circulation.

Approved,

FRANKLIN DRILON
President of the Senate


JOSE DE VENECIA JR.
Speaker of the House of Representatives

This Act, which is a consolidation of Senate
Bill No. 1859 amd House Bill No. 5960 was finally passed by the Senate
and the House of Representatives on June 3, 2003 and June 2, 2003,
respectively.

OSCAR G. YABES
Secretary of Senate


ROBERTO P. NAZARENO
Secretary General
House of Represenatives

Approved: June 23, 2003

GLORIA MACAPAGAL-ARROYO
President of the Philippines

[COMCAM]

@ teban, thanks for sharing RA 9211, comprehensive law man jud diay ni - taas kaayo ang ge tackle. But depende jud ni sa implementation side sa politics and that starts with the Mayor.

Mao na diri dapat naa si PacMan not with congress, para ma insakto ug implement ang balaod.

[FernandoSucre]

taas jud tinuod................