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For easy reference, the violations of Republic Act 9211 are grouped according to
the places and their vicinity where the violations are most commonly seen and
witnessed.
} R epublic Act 9211 was enacted on June 3, 2003. It is the first comprehensive
national legislation on tobacco control. However, despite the enactment of
RA 9211, smoking prevalence remains high with smokers comprising one third (1/3) of
the Philippine population. The Philippines ranks second in Southeast Asia in terms of }
the number of smokers and is among the top fifteen (15) worldwide.
[ 02 ] Republic Act 9211
To effectively implement Republic Act 9211 and its Implementing Rules and
Regulations, the Philippine National Police is authorized to institute criminal
proceedings against violators, as well as to cause the removal of non-compliant
cinema and outdoor advertising and tobacco-related self-service facilities.
{ S
}
tandards for the designated smoking area: A designated smoking area, OTHER THAN IN
AN OPEN SPACE, shall be COMPLETELY ENCLOSED OR PHYSICALLY SEPARATED
from the rest of the premises and EQUIPPED WITH ADEQUATE VENTILATION in conformity with the
National Building Code and the Philippine Society of Mechanical Engineers Code. (See Schedule A)
b.) Designated Smoking and Non-Smoking Areas
There are places where smoking is allowed provided these have designated
smoking areas. A non-smoking area must be designated in places where there is
a smoking area. The designated smoking area must comply with requirements.
c.) Merchandise
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. *d
*f *g *h
{
BROADCAST, ELECTRONIC, PRINT OR WHATEVER FORM OF MASS MEDIA, including OUTDOOR
ADVERTISEMENTS, such as but limited to SIGNS AND BILLBOARDS. Beginning July 1, 2008, all forms of
tobacco advertising in mass media shall be PROHIBITED except tobacco advertisements placed INSIDE THE
PREMISES of POINT-OF-SALE RETAIL ESTABLISHMENT.
MALE FEMALE
Disease Number Rate Number Rate Ages
Trachea, lung and bronchius cancer 3811 52.3 1281 16.6 35+
Lip, oral cavity and pharynx cancer 1000 14.2 635 52.2 35+
Respiratory disease 7384 120.7 3574 52.2 35+
Ischemic heart disease 16057 257.0 11141 177.1 35+
Stroke 12467 204.8 9825 150.4 35+
Other diseases of the circulatory system 7737 135.4 6803 107.0 35+
All causes 144931 2265.2 103311 1553.7 35+
[ 06 ] Republic Act 9211
C. Pro-forma WARNING
FORMAL CHARGE
Based on reports and actual verification, you have been reported to have
violated the provisions of the Tobacco Regulation Act of 2003 otherwise
known as RA9211, specifically: __________________________________.
Pursuant to the Local Government Code provisions on the duty of the mayor
to enforce all laws relative to the governance of the city as well as Title IV
Rule 2 Section 2 of the Implementing Rules and Regulations of RA 9211,
undersigned, as the officials duly authorized to initiate action to effectively
implement RA 9211, hereby formally charges you for the violation above.
For this purpose, the PNP concerned are hereby instructed to assist and/
or implement the above and ensure compliance until further orders from
this office.
{ W hat is a nuisance?
A nuisance is any act, omission, establishment, condition of property, or anything else which:
1.) Injures or endangers the health or safety of others; or
2.) Annoys or offends the senses; or
3.) Shocks, defies or disregards decency or morality; or
}
4.) Obstructs or interferes with the free passage of any public highway or street, or any body of water; or
5.) Hinders or impairs the use of property.
Prosecution, a civil action or abatement without judicial remedies are the remedies against a nuisance.
[ 08 ] Republic Act 9211
{ W hat is a fire hazard? A fire hazard is any condition or act which increases or may cause
an increase in the probability of the occurrence of fire, or which may obstruct, delay,
hinder or interfere with fire fighting operations and the safeguarding of life and property.
}
1. Smoking is absolutely prohibited in the following public places:
a.) CENTERS OF YOUTH ACTIVITY such as:
i.) PLAYSCHOOLS
ii.) PREPARATORY SCHOOLS
iii.) ELEMENTARY SCHOOLS
iv.) HIGH SCHOOLS
v.) COLLEGES AND UNIVERSITIES
vi.) YOUTH HOSTELS and
vii.) RECREATIONAL FACILITIES FOR PERSONS UNDER 18 YEARS OLD
b.) Locations in which FIRE HAZARDS are present, including gas stations and
storage areas for flammable liquids, gas, explosives or combustible materials
d.) Food Preparation Areas (includes areas where food or beverage is actually
being manufactured or prepared)
{I O ne of the main thrusts of RA 9211 is to protect the youth from being initiated to
cigarette smoking and tobacco use.
}
t is significant to note that the percentage of young people who have smoked cigarettes is
46.2%, who currently use any tobacco product is 27.3%, who currently smoke cigarettes is
21.7%, and who currently use other tobacco products is 9.7%. (Source: 2007 WHO Global
Youth Tobacco Survey)
*i
a.) Failure to Designate SMOKING and NON-SMOKING AREAS
*i *j
[ 10 ] Republic Act 9211
*k Article 8.2 Air Conditioning and Ventilation Standards
Philippine Society of Mechanical Engineers Code
8. x x x
8.2. x x x
8.2.1. The temperature and humidity of the air to be used for comfort cooling
shall be maintained at 20-23C effective temperature at an air movement of
from 4,570 to 7,620 mm/min within the living zone and 55 to 60% relative
humidity.
8.2.2. The air quality in such occupied spaces shall at all times be free from
toxic, unhealthful, or disagreeable gases and fumes and shall be relatively free
from odors and dust.
8.2.3. The air in such occupied spaces shall at all times be in constant motion
sufficient to maintain a reasonable uniformity of temperature and humidity but
shall not cause objectionable drafts in any occupied portion. The air motion
in such occupied spaces, and in which the only source of contamination is the
occupant, shall have a velocity of not more than 15.24 meter per minute as the
air enters the living zone or 1,830 mm above the floor.
8.2.4. The air in all rooms and enclosed spaces shall be distributed with
reasonable uniformity, and the variation in carbon dioxide content of the
air shall be taken as a measure of such distribution. The carbon dioxide
concentration when measured 910 mm above the floor shall not exceed 100
parts per million (ppm).
8.2.5. The quality of air used to ventilate the space during the occupancy
shall always be sufficient to maintain the standards of air temperature,
air quality, air motion and air distribution. Ventilation requirements
shall conform to the following Table 8.2.5.
{
Best Practice in Makati
Establishments like restaurants and bars in Makati who want to designate smoking areas are required
to apply for the approval and certification of operations with the City Health Department and pay the
following fees:
1.) Filing fee of Php 5,000 to be paid upon filing of the application
2.) Inspection fee of Php 200 to be paid prior to inspection
3.) Processing fee of Php 5,000 to be paid upon the approval of the application and release of pertinent
documents, such as the Certificate of Approval, and duly approved architectural design of the
designated smoking area.
They are also required to submit the following:
}
1.) Five (5) sets of the floor plan of the entire establishment showing the actual location of its non-smoking
area and the proposed location of the smoking area, as well as the respective sizes of these areas.
2.) Business Permit
3.) Certificate of Occupancy
Republic Act 9211 [ 11 ]
*l
[ 12 ] Republic Act 9211
or
IT IS UNLAWFUL FOR TOBACCO PRODUCTS TO BE SOLD/DISTRIBUTED TO
*n
OR PURCHASED BY PERSONS UNDER 18 YEARS OF AGE.
Each retailer also has the duty to ensure that all tobacco-related self-service
displays or facilities, advertising, labeling and other items that are located in
the establishment of the retailer that do not comply with the requirements of
Republic Act 9211 and its Implementing Rules and Regulations are removed
or brought into compliance with the requirements of the Act and the
Implementing Rules and Regulations.
*m *n
Republic Act 9211 [ 13 ]
COMPLAINT
The undersigned, ____________, accuses the (tobacco manufacturer &
advertiser) and its officers of the crime of the violation of the Tobacco
Regulation Act of 2003 otherwise known as Republic Act No. 9211, specifically
the provision:
2. That the aforesaid acts are done against the specific requirements of Section
13(c) Republic Act No. 9211 which requires that _______________________
_______________________________________________________________;
as a measure to protect the populace from hazardous products, promote the
right to health, and instill health consciousness.
Contrary to law.
______________________
Chief of Police
WITNESSES:
_____________________________ __________________________
Republic Act 9211 [ 15 ]
Civil Society
A.) What is the Role of Civil Society
in the Implementation of Republic Act 9211?
The success of the implementation of Republic Act 9211 will be achieved
with the cooperation of civil society, and much more so the participation of
civil society in monitoring and reporting compliance and non-compliance
with the law to the appropriate government agencies and local government
units.
Civil society has a central role in building support for and ensuring compliance
with the law. Civil Society should be an active partner of the concerned agencies
and local government units in the process of developing, implementing and
enforcing the law. Civil Society can also play a very important role in raising
awareness about the dangers of smoking and secondhand smoke. To raise
awareness civil society must also be active in information campaigns.
A violation can be seen in one place or vicinity of the places enumerated, and
also in the other places mentioned.
1.) Malls, Restaurants, Hotels and Bars
a.) Violations on the Smoking Prohibition
In all
i.) places that are not covered by those in the smoking prohibition,
ii.) all enclosed places that are open to the general public
iii.) public and private workplaces
*o *p *q
Republic Act 9211 [ 17 ]
A designated smoking area must have at least one (1) legible and visible
SMOKING AREA sign. A designated non-smoking area must have at
least one (1) legible and visible NO SMOKING AREA or NO SMOKING
sign. The sign may be in ENGLISH or FILIPINO. The SMOKING AREA sign
shall be placed conspicuously at the entrance to the designated smoking
area and shall NOT include any mark, device word, or image associated
with any tobacco company or product.
*r *s *t
{
[ 18 ] Republic Act 9211
iv.) Failure to include a Warning in the SMOKING AREA sign about the
health effects of direct or secondhand exposure to tobacco smoke
*u *v
Republic Act 9211 [ 19 ]
v.) Sale or Distribution of cigarettes and other tobacco products within 100
METERS from any point of the perimeter of a SCHOOL, PUBLIC PLAYGROUND,
or FACILITY FREQUENTED BY MINORS *w
d.) Merchandise
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. *x
e.) Ad Ban
Beginning July 1, 2008, all forms of tobacco advertising in mass media shall
be PROHIBITED except tobacco advertisements placed INSIDE THE PREMISES
of POINT-OF-SALE RETAIL ESTABLISHMENT.
*w *x *y
[ 20 ] Republic Act 9211
{
What is Mass Media?
ii.) All stalls, booths, and other displays concerning tobacco promotions
must be limited to point-of-sale locations or adult-only facilities *z
iii.) The name, logo or other indicia of a cigarette brand may appear on
cigarette lighters, ashtrays, or other smoking related items. If such name,
logo, or other indicia of a cigarette brand is larger than fifty (50) square
*aa
centimeters, the item must carry a health warning.
}
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, distributor or retailer. It may also refer
to the display of a tobacco product or manufacturers name, trademark, logo, etc. on non-
tobacco products.
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.
2.) Highways and Streets
{ Basic
Examples of Tobacco Brand Names
Ashford Dunhill
Hope
Longbeach
Lucky Strike
Viceroy
West
Benson and Hedges Kool Mark Winston
}
Bond Street Lark Marlboro Fortune
Camel Mighty Merit Vogue
Capri DJ Mix Next Peel
Champion Virginia Slims Parliament Pearl
Chesterfield Salem
*ee
b.) Within the building and premises of :
ii.) 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 named with
such a BRAND NAME .
*ee
Table of Violations
I. SMOKING IN ABSOLUTELY SMOKE-FREE AREAS (SEC.5, RA 9211)
VIOLATION VIOLATORS PENALTY/IES
SMOKING IN A PROHIBITED PUBLIC PLACE. INDIVIDUAL First offense:
a. a fine of not less than Five
The prohibited public places are: Hundred Pesos (Php500.00) but
1.) CENTERS OF YOUTH ACTIVITY. These include PLAYSCHOOLS, not more than One Thousand
PREPARATORY SCHOOLS, ELEMENTARY SCHOOLS, HIGH SCHOOLS, (Php1,000.00).
COLLEGES AND UNIVERSITIES, YOUTH HOSTELS AND RECREATIONAL
FACILITIES FOR PERSONS BELOW EIGHTEEN (18) YEARS OLD. Second offense:
a. a fine of not less than One
2.) ELEVATORS AND STAIRWELLS Thousand Pesos (Php1,000.00)
but not more than Five Thousand
3.) LOCATIONS IN WHICH FIRE HAZARDS ARE PRESENT. These locations Pesos (Php5,000.00).
include GAS STATIONS, AND STORAGE AREAS FOR FLAMMABLE
LIQUIDS, GAS, EXPLOSIVES OR COMBUSTIBLE MATERIALS.
Third offense:
4.) WITHIN THE BUILDING AND PREMISES OF: a. a fine of not less than Five
A.) PUBLIC AND PRIVATE HOSPITALS Thousand Pesos (P5,000.00) but
B.) MEDICAL, DENTAL AND OPTICAL CLINICS not more than Ten Thousand pesos
C.) HEALTH CENTERS (Php10,000.00).
D.) NURSING HOMES
E.) DISPENSARIES
F.) LABORATORIES
II. VIOLATION OF RULES ON DESIGNATED SMOKING AND NON-SMOKING AREAS (Sec.6, RA 9211)
VIOLATION VIOLATORS PENALTY/IES
A.) FAILURE TO DESIGNATE SMOKING AND NON-SMOKING INDIVIDUAL OR First Offense:
AREAS IN THE FOLLOWING PLACES: ESTABLISHMENT a. a fine not less than Five Hundred
Republic Act 9211
What are the elements of the violation? ESTABLISHMENT On the first offense, a fine of not
less than five thousand pesos (Php
1. There is a vending machine, a self-service facility, In case of an 5,000.00) or an imprisonment of not
or similar device. establishment, the more than thirty (30) days.
2. The machine sells tobacco products. person liable is the: For succeeding offenses, both
3. The machine has no mechanism for age verification. penalties shall apply, in addition to
1. Owner the revocation of business licenses
2. President or permits.
3. Manager or
4. Most senior officers
of the company.
VIOLATION OF MINIMUM AGE SALES (Sec.9, RA 9211)
VIOLATION VIOLATORS PENALTY/IES
1. SELLING OR DISTRIBUTING tobacco 1.MINORS a. If the minor is below fifteen (15) years of age or above fifteen (15) but
products to minors by any RETAILER below eighteen (18)years old who acted without discernment he is
exempt from criminal liability. However, the child shall be subjected to
2. PURCHASING cigarettes or any tobacco an intervention program pursuant to Section 20 of RA 9344.
product from a MINOR
b. If the minor is above fifteen (15) years of age but below eighteen (18)
years old who acted with discernment -- he shall undergo diversion
3. SELLING cigarettes or any tobacco proceedings without undergoing court proceedings as long as the
product by a MINOR child voluntarily admits to committing the offense and his/her parent
or guardian consents to the diversion.
4. PURCHASING cigarettes or any
tobacco product by a MINOR However, if the minor offender violates the diversion contract, the
offended party may institute legal proceedings against the minor. If
5. SMOKING cigarettes or any tobacco the parents or guardian of the minor does not consent to the diversion
product by a MINOR or no conciliation, mediation or family conferencing was conducted,
an inquest and/or preliminary investigation shall be conducted to
determine whether or not the child should remain under custody and
SALE OF TOBACCO WITHIN SCHOOL correspondingly charged in court.
PREMISES by a MINOR(SEC. 10)
2. ADULTS On the first offense, a fine of not less than five thousand pesos (Php
3. ESTABLISHMENTS 5,000.00) or an imprisonment of not more than thirty (30) days.
In case of an establishment, For succeeding offenses, both penalties shall apply.
the person liable is the:
1. OWNER On the first offense, a fine of not less than five thousand pesos (Php
5,000.00) or an imprisonment of not more than thirty (30) days.
2. PRESIDENT
For succeeding offenses, both penalties shall apply, in addition to the
3. MANAGER OR
revocation of business licenses or permits.
Republic Act 9211
NON-COMPLIANT or
a. It must appear in clear, legible, and conspicuous manner CIGARETTE PACKS
b. It must be in black text b. imprisonment not to exceed one (1)
year, or
c. It must use either Helvetica or Arial (fonts) c. both.
d. It must be on a white background In the case of a business
e. It must have a black border and entity or establishment, Second offense:
f. It must be in contrast by typography, layout or color to the the following shall be a. a fine of Two Hundred Thousand
other printer materials on the package. held liable: Pesos (P200,000); or
5. The health warning occupies a total area of at least 50% of the b. imprisonment for a maximum of
warning frame. two (2) years; or
6. The warnings are rotated periodically. Every 24 months, the A. OWNER c. both.
4 variations of health warnings must appear with proportional B. PRESIDENT Third offense:
frequency. C. MANAGER OR a. a fine not to exceed Four
7. The warning must not be hidden or obscured in any way. D. OFFICIALS Hundred Thousand (P400,000); or b.
8. The warning must not be damaged when the packaged is imprisonment not to exceed three (3)
opened. years; or
9. The size panel must have a conspicuous warning: NO SALE TO c. both; and
MINORS or NOT FOR SALE TO MINORS, which must occupy not less d. the business permit and license
than 10% of the side panel. of the erring establishment will be
revoked or cancelled.
Typical violations include: placing of stickers on packages instead of
*If the guilty officer is an alien, he shall
printing, non-compliance with the font size requirement, obscuring summarily be deported after serving
the warning by placing a sticker or tax stamp over it, and making his sentence, and shall forever be
the border so thick as to take focus away from the warning. barred from entering the Philippines.
NON-COMPLIANCE WITH ADVERTISEMENT REQUIREMENTS
VIOLATION VIOLATORS PENALTY/IES
A. Mass media, in general A. NON-COMPLIANT First Offense:
TOBACCO COMPANY a. a fine in the maximum about
What are the elements of the offense? of One Hundred Thousand Pesos
(P100,000); or
b. imprisonment not to exceed one
1. There is a tobacco advertisement in mass media. (1) year; or
Mass media refers to any medium of communication c. both.
designed to reach a mass of people. Examples of mass
media include print media (e.g., newspapers, magazines, Second offense:
publications), broadcast media (e.g., radio, television, a. a fine of Two Hundred Thousand
Pesos (P200,000); or
cable television, and cinema), and electronic media (e.g., b. imprisonment for a maximum of
internet). However, communications designed to reach two (2) years; or
persons by private, postal, or regular mail, electronic mail, c. both.
and similar means are not considered as mass media.
Third offense:
a. a fine not to exceed Four Hundred
2. The advertisement does not contain a health warning Thousand Pesos (P400,000); or
that cigarette smoking is dangerous to ones health. b. imprisonment not to exceed three
(3) years; or c. both; and
d. the business permit and license
of the erring establishment will be
revoked or cancelled.
Republic Act 9211
[ 31 ]
[ 32 ]
1
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 broadcast,
electronic, print or whatever form of mass media, including outdoor advertisements, such as, but not limited to signs and billboards. [Rep. Act No. 9211 (2003), Sec. 4 (a)].
2
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;
3
The law does not state who the violator is. However, a careful reading of the provision leads to the conclusion that it is the retailer who should also be held liable. As worded, the law presumes that the mechanism for
restricting access to non-minors is not built-in into the video. It is access to the item itself (which contains the tobacco advertisement) which is restricted. This can only be complied with by the retailer by first verifying the
age of the buyer.
VIOLATION OF RESTRICTION ON ADVERTISING ON THE INTERNET (Sec. 21, RA 9211)
VIOLATION VIOLATORS PENALTY/IES
What are the elements of the offense? Non-compliant tobacco First offense:
company a. a fine of not more than One
1. There is an advertisement of tobacco products. Hundred thousand pesos
*In the case of a (P100,000.00); or
b. imprisonment of not more than
2. The advertisement is done through the Internet business entity or one (1) year; or c. both.
or a similar medium. establishment, the
following shall be held Second offense:
3. Such advertisement is made on an Internet site, which liable: a. a fine of Two hundred thousand
a. owner, pesos (P200,000.00); or
is not restricted to persons eighteen years of age or older. b. imprisonment of not more than
A site will be deemed restricted if a person cannot obtain b. president, two (2) years; or c. both.
access beyond the first page of the website unless the c. manager or
persons has established that he or she is at least eighteen d. officials. Third offense:
(18) years old. a. a fine of not more than Four
Hundred thousand pesos
(Php400,000.00); or
4. The advertisement is not a company website which b. imprisonment of not more than
provides data regarding a company, its products and three (3) years; or
smoking and health related information. c. both; and
d. the business permits and licenses,
in the case of a business entity or
establishment shall be revoked or
cancelled.
Republic Act 9211
[ 35 ]
[ 36 ]
television, cable television and radio have been prohibited. 2. Retail establishment Hundred thousand pesos
3. Cinema (P100,000.00); or
b. imprisonment of not more than
2. Starting 1 July 2007, all cinema and outdoor advertising establishment or one (1) year; or
were prohibited. No leaflets, posters and similar outdoor 4. Media company c. both.
advertising materials are allowed to be posted, except inside
the premises of point-of-sale retail establishments. *In the case of a Second offense:
business entity or a. a fine of Two hundred thousand
pesos (P200,000.00); or
3. Lastly, beginning 1 July 2008, all forms of tobacco establishment, the b. imprisonment of not more than
advertising in mass media were prohibited except tobacco following shall be held two (2) years, or c. both.
advertisements placed inside the premises of point-of sale liable:
establishments. a. owner, Third offense:
b. president, a. a fine of not more than Four
Hundred thousand pesos
c. manager or (P400,000.00); or
d. officials. b. imprisonment of not more than
three (3) years, or
c. both, and
d. the business permits and
licenses, in the case of a business
entity or establishment shall be
revoked or cancelled.
ADVERTISEMENT BANS (SEC. 22, RA 9211)
VIOLATION VIOLATORS PENALTY/IES
There are four (4) forms of advertisements that have 1. Non-compliant First offense:
been banned. These are: tobacco company a. a fine of not more than One
2. Retail establishment Hundred thousand pesos
3. Cinema (P100,000.00); or
1. Tobacco advertising on television, cable television b. imprisonment of not more than
and radio establishment or one (1) year; or
4. Media company c. both.
What are the elements of the offense?
Second offense:
*In the case of a a. a fine of Two hundred thousand
1. There is a tobacco advertisement; AND business entity or pesos (P200,000.00); or
2. It is shown on television, cable television, or the radio; establishment, the b. imprisonment of not more than
following shall be held two (2) years, or c. both.
4
2. Tobacco advertising outdoors liable: Third offense:
a. owner, a. a fine of not more than Four
What are the elements of the offense? b. president, Hundred thousand pesos
c. manager or (P400,000.00); or
b. imprisonment of not more than
1. There is a tobacco advertisement; d. officials. three (3) years, or
2. The tobacco advertising is made outdoors. This means that c. both, and
the advertisement is posted or installed outside. Examples d. the business permits and licenses,
of these are leaflets, posters, billboards, signs, or tarpaulins in the case of a business entity or
establishment shall be revoked or
which are posted or installed outside the establishment; cancelled.
Republic Act 9211
4
An exception is carved out for advertisements made inside the premises of point-of-sale establishments. Point-of-sale refers to any location at which an individual can purchase or
otherwise obtain tobacco products.
[ 37 ]
[ 38 ]
establishments. (P100,000.00); or
3. Cinema b. imprisonment of not more than
3. Tobacco advertising in cinemas establishment or one (1) year; or
4. Media company c. both.
What are the elements of the offense? Second offense:
*In the case of a a. a fine of Two hundred thousand
1. There is a tobacco advertisement; AND business entity or pesos (P200,000.00); or
establishment, the b. imprisonment of not more than
following shall be held two (2) years, or c. both.
2. It is made in connection with the showing of any film. This
means that the prohibition applies not only to on-screen liable: Third offense:
advertising in the cinemas, but to any kind of advertising in a. owner, a. a fine of not more than Four
5 b. president, Hundred thousand pesos
connection with the showing of any film. ; AND (P400,000.00); or
c. manager or
b. imprisonment of not more than
3. It is not made within the premises of a point-of-sale retail d. officials. three (3) years, or
establishment. This last requirement constitutes an exception. c. both, and
d. the business permits and licenses,
However this exception would only apply to films where only in the case of a business entity or
6
those eighteen (18) years old and above are permitted. establishment shall be revoked or
cancelled.
5
Rep. Act No. 9211 (2003), Sec. 22 cf. Sec. 18.
6
Rep. Act No. 9211 (2003), Sec. 22 cf. Sec. 18 which totally prohibits tobacco advertisements where persons below 18 years are permitted for admission with respect to a film showing.
ADVERTISEMENT BANS (SEC. 22, RA 9211)
VIOLATION VIOLATORS PENALTY/IES
4. Tobacco advertising in mass media 1. Non-compliant First offense:
tobacco company a. a fine of not more than One
2. Retail establishment Hundred thousand pesos
What are the elements of the offense? (P100,000.00); or
3. Cinema b. imprisonment of not more than
1. There is a tobacco advertisement; establishment or one (1) year; or
4. Media company c. both.
2. The tobacco advertisement is in mass media. Mass media Second offense:
refers to any medium of communication designed to reach a *In the case of a a. a fine of Two hundred thousand
mass of people. For this purpose, mass media includes print business entity or pesos (P200,000.00); or
establishment, the b. imprisonment of not more than
media such as, but not limited to, newspapers, magazines, two (2) years, or c. both.
and publications; broadcast media such as but not limited following shall be held
to radio, television, cable television, and cinema; electronic liable: Third offense:
media such as but not limited to, the internet. However, a. owner, a. a fine of not more than Four
b. president, Hundred thousand pesos
communications designed to reach persons by private, (P400,000.00); or
postal or regular mail, electronic mail, and similar means are c. manager or
b. imprisonment of not more than
7 d. officials.
NOT considered as mass media ; AND three (3) years, or
c. both, and
d. the business permits and licenses,
3. The advertisement is not placed inside the premises of in the case of a business entity or
point-of-sale establishments. establishment shall be revoked or
cancelled.
Republic Act 9211
7
IRR of Rep. Act No. 9211 (2004), Title I, Rule III, Sec. 1.11.
[ 39 ]
[ 40 ]
8
Rep. Act No. 9211 (2003), Sec. 23.
RESTRICTIONS ON TOBACCO PROMOTIONS (SEC. 23, RA 9211)
VIOLATION VIOLATORS PENALTY/IES
The elements for a violation of the second duty (no minor or
person who appears to be a minor participate in such promotions)
are:
2. Communications to Consumers
3. Points-of-Sale
9
Rep. Act No. 9211 (2003), Sec. 23 (c).
RESTRICTIONS ON TOBACCO PROMOTIONS (SEC. 23, RA 9211)
VIOLATION VIOLATORS PENALTY/IES
What are the elements of the offense?
4. Telephone Communications
10
Rep. Act No. 9211 (2003), Sec. 23 (g).
RESTRICTIONS ON TOBACCO PROMOTIONS (SEC. 23, RA 9211)
VIOLATION VIOLATORS PENALTY/IES
3. The merchandise or clothing item is distributed, sold or
offered.
4. The name, logo or indicia is visible to others when worn
or used.
11
Rep. Act No. 9211 (2003), Sec. 23 (i).
VIOLATION OF RESTRICTIONS ON NAMING RIGHTS
VIOLATION VIOLATORS PENALTY/IES
There are two ways of violating the restriction on naming rights: 1. Non-compliant First offense:
tobacco company, and a. a fine of not more than
1. Entering into an agreement with a sports league or any 2. Team or company One Hundred thousand pesos
team involved in such league where payment is made or other that entered into the (Php100,000.00); or
consideration is given by the manufacturer in exchange for use prohibited contract wth b. imprisonment of not more than
of tobacco products brand. a tobacco company one (1) year, or
c. both.
What are the elements of the offense? *In the case of a business
entity or establishment, Second offense:
1. There is an agreement between a manufacturer of tobacco the following shall be held a. a fine of Two hundred thousand
liable: pesos (Php200,000.00); or
products and a sports league or any team involved in any such
b. imprisonment of not more than
league. a. owner,
two (2) years, or c. both.
2. There was consideration and payment for such agreement; b. president,
3. It is in exchange for use of a tobacco product brand (as a name for c. manager or Third offense:
such sports league or team). d. officials a. a fine of not more than Four
Hundred thousand pesos
2. Naming an arena or stadium with a tobacco brand. If the guilty officer is an (Php400,000.00); or
alien, he shall summarily b. imprisonment of not more than
What are the elements of the offense? be deported after serving three (3) years, or
his sentence and shall c. both, and
1. There is an agreement between a tobacco manufacturer and the be forever barred from d. the business permits and
owner of a stadium or arena; AND re-entering from the licenses, in the case of a business
2. The agreement provides that the stadium or arena will be named Philippines. entity or establishment shall be
revoked or cancelled.
Republic Act 9211
12
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.
13
Manufacturer refers to any person entity, including a re-packer, who makes, fabricates, assembles, processes, or labels a finished product.
VIOLATION OF SAMPLING RESTRICTIONS (Sec. 27, RA 9211)
VIOLATION VIOLATORS PENALTY/IES
What are the elements of the offense? 1. Non-compliant First offense:
14
person, or a. a fine of not more than One
1. Samples of tobacco products are being distributed. 2. Entity Hundred thousand pesos
2. They are being distributed to persons below 18 years of age. - who gave out tobacco (Php100,000.00); or
samples to minors b. imprisonment of not more than
one (1) year, or c. both.
*In the case of a business
entity or establishment, Second offense:
the following shall be held a. a fine of Two hundred thousand
liable: pesos (Php200,000.00); or
a. owner,
b. imprisonment of not more than
two (2) years, or c. both.
b. president,
c. manager or Third offense:
d.officials a. a fine of not more than
Four Hundred thousand pesos
If the guilty officer is an (Php400,000.00); or
alien, he shall summarily b. imprisonment of not more than
be deported after serving three (3) years, or
his sentence and shall c. both , and
be forever barred from d. the business permits and
re-entering from the licenses, in the case of a business
Philippines. entity or establishment shall be
revoked or cancelled.
Republic Act 9211
14
A sample is a representative piece or item that shows the quality or the nature of the whole from which it was taken. 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.
[ 51 ]
[ 52 ] Republic Act 9211
Schedule A
Article 8.2 Air Conditioning and Ventilation Standards
Philippine Society of Mechanical Engineers Code
8xxx
8.2 x x x
2.2.2. The air quality in such occupied spaces shall at all times be
free from toxic, unhealthful, of disagreeable gases and fumes and
shall be relatively free from odors and dust
2.2.4 The air in all rooms and enclosed spaces shall be distributed
with reasonable uniformity, and the variation in carbon dioxide
content of the air shall be taken as a measure of such distribution.
The carbon dioxide concentration when measured 910 mm above
the floor shall not exceed 100 parts per million (ppm).
2.2.5. The quality of air used to ventilate the space during the
occupancy shall always be sufficient to maintain the standards
of air temperature, air quality, air motion and air distribution.
Ventilation requirements that conform to the following table
8.2.5.
Republic Act 9211 [ 53 ]
Table 8.2.5
Outdoor Air Requirement
CMM
Application Occupants Recommended Minimum
S A M P LE VI O L ATI ONS
Republic Act 9211 [ 55 ]
Non-compliant
smoking area
inside mall
Health Warning
too small
Cigar packages
without warning
Smoking in
prohibited area
[ 56 ] Republic Act 9211
Prohibited
Merchandise
Republic Act 9211 [ 57 ]
DIRECTORY
Caloocan City
Telephone Number: 288-8811
Website: http://www.caloocan.gov.ph
Makati City
Telephone Number: 870-1000
Website: http://www.makati.gov.ph
Mandaluyong City
Telephone Number: 532-5001
Website: http://www.mandaluyong.gov.ph
Manila
Telephone Number: 527-0451
Website: http://www.manila.gov.ph
Pasig City
Telephone Number: 641-0000
Website: http://www.pasigcity.gov.ph
Marikina City
Telephone Number: 646-2360 to 70
Website: http://www.marikina.gov.ph
Quezon City
Telephone Number: 925-6045
Website: http://www.quezoncity.gov.ph
Department of Health
Telephone Number: 743-8301 to 23
Website: http://www.doh.gov.ph
Dear Sir/Madam:
Good day!
We would like to call your attention to the violation/s of Republic Act 9211 or the
Tobacco Regulation Act occurring in your jurisdiction.
The following are the violation/s that we have witnessed, and the person/s responsible
for the violations:
1.)
2.)
3.)
Attached to this letter is/are photo/s and other proof that we have taken.
We hope that you will act urgently on this matter and respond to this letter of ours.
Thank you.
Name of Representative
Republic Act 9211 [ 59 ]
Dear Sir/Madam:
Good day!
On ________________ (insert date), we sent a letter to your office calling your attention
to violation/s of Republic Act 9211 or the Tobacco Regulation Act occurring in your
jurisdiction. Since that date, fifteen (15) working days has already passed, we have not
received any response to the letter or any action regarding the violation/s. Attached is a
copy of the letter we sent to your office.
According to Section 5(a) of Republic Act 6713 or the Code of Conduct and Ethical
Standards for Public Officials and Employees, quoted below:
In the performance of their duties, all public officials and employees are under
obligation to:
1. Act promptly on letters and requests-All public officials and employees shall,
within fifteen (15) working days from receipt thereof, respond to letters, telegrams, or
other means of communication sent by the public. The reply must contain action taken
on the request.
We would like to remind your good office of your duty to enforce Republic Act 9211 or
the Tobacco Regulation Act, and your obligation under the law just cited to act on our
letter. We hope you will act favorably on this letter of ours.
Thank you.
Dear Sir/Madam:
Good day!
We would like to thank your good office for the favorable action you took regarding the
letter we sent last _____________. (Insert Date) Attached is the letter we sent.
The success of tobacco control efforts in the Philippines can only be achieved with your
continued vigilance in the enforcement of the law.
In our groups efforts to curb the tobacco epidemic, we hope that you will be always be
our partner.
Thank you.
Name of Representative
Republic Act 9211 [ 61 ]
Violation: Failure to Post Signage in the designated smoking and non-smoking areas
1. Testimony of witnesses
2. Photograph
Violation: Selling/Distributing tobacco products within one hundred (100) meters from
any point of the perimeter of a school, public playground or other facility frequented
by minors
1. Testimony of witnesses
2. Photograph of the transaction
3. Video of the transaction
4. Certified Land Title where the store is located
5. Geodetic Engineers certified measurement of the distance from where the
transaction took place to the school public playground or other facility frequented
by minors
Violation: Stalls, booths, and other display concerning tobacco promotions are located
in places other than the point-of-sale of adult only facilities
1. Testimony of witnesses
2. Photographs of the promotions
3. Video of the promotions
[ 64 ] Republic Act 9211
Violation: Tobacco sponsorship of a sport, concert, cultural art or event, individual and
team athletes, artists, or performers
1. The sponsorship agreement itself
2. Posters, leaflets, and other promotional items for the event
3. Materials given by the tobacco company to be used by the individual, team, artist,
or performer
4. Testimony of the event organizer, individual, team or performer
5. Testimony of those who attended
6. Photographs or video recording of the event, person, or group showing tobacco
sponsorship
d.) Are there retailers of cigarettes and other tobacco products? __ Yes __ No
i.) If yes, do these retailers have the required signage saying SALE/DISTRIBUTION
TO OR PURCHASE BY MINORS OF TOBACCO PRODUCTS IS UNLAWFUL or
IT IS UNLAWFUL FOR TOBACCO PRODUCTS TO BE SOLD/DISTRIBUTED TO OR
PURCHASED BY PERSONS UNDER 18 YEARS OF AGE? __ Yes __ No
ii.) Do the retailers verify the age of a buyer to check whether the buyer is a
minor or not? __ Yes __ No
iii.) Do the tobacco products sold by the retailer have the required health
warning on their packages? __ Yes __ No
Republic Act 9211 [ 67 ]
e.) Is there merchandise being sold that contain tobacco brand names, logos of
tobacco brand names or indicia of tobacco brand names? __ Yes __ No
d.) Are there people smoking in the schools (preschools, elementary schools, high
schools, colleges and universities)? __ Yes __ No
e.) Are there sellers of cigarettes and other tobacco products within 100 meters of
the perimeter of any school, playground, or facility frequented by minors?
__ Yes __ No