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Copyright 2010.

University of the Philippines


College of Law Development Foundation, Inc.

All rights reserved.

Reviewed and Edited by: Atty. Myrna S. Feliciano


Professorial Lecturer, UP College of Law
Handbook for the
Implementation and
Enforcement of
REPUBLIC ACT 9211
(TOBACCO
REGULATION ACT)
TABLE OF CONTENTS

How to Use this Handbook ........................................1


Philippine National Police ..........................................2
Pro-forma Warning .......................................................6
City Engineer, City Health Officer and
other Local Government Officials............................7
Flowchart of Procedure.............................................13
Pro-forma Complaint.................................................14
Civil Society ..................................................................15
Table of Violations.......................................................23
Sample Violations........................................................54
Directory.........................................................................57
Sample Letter to Mayor/Concerned Local
Government Official...................................................58
Sample Follow-up Letter ..........................................59
Letter of Appreciation................................................60
Evidence Checklist for Inspectors /
Enforcers .........................................................................61
Inspection Checklist for Enforcers.........................66
The Smokers Body................................................70-71
Republic Act 9211 [ 01 ]

What is Republic Act 9211?


Republic Act 9211, also known as the Tobacco Regulation Act of 2003, is the law
that regulates the packaging, use, sale, distribution and advertising of tobacco
products like cigarettes and cigars. The policy of the law is to protect the populace
from hazardous products, promote the right to health of the populace, and instill
health consciousness among them. Republic Act 9211 is a special penal law, and
provides for penalties for specific violations.

Republic Act 9211 aims to achieve the following:


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 about tobacco
use by prohibiting the sale of tobacco products to minors.

How to Use this Handbook


This handbook provides an easy reference and tool for enforcers and civil society for
the implementation of Republic Act 9211. The handbook is divided into sections for
the Philippine National Police, the local government officers, and civil society.

This handbook has:


a.) pictures for examples of violations of Republic Act 9211
b.) flowcharts to show the readers of the procedure for implementation of
Republic Act 9211
c.) pro-forma complaints and warning letters
d.) table of offenses and penalties and
e.) directory of agencies and local government units to provide the readers with
contact information.

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.

These places are:


1.) Malls, Restaurants, Hotels and Bars
2.) Highways and Streets
3.) Public Markets, Churches and Schools
4.) Bus Station, Train Stations and Jeep Terminals and
5.) All other places.

} 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

Philippine National Police


A. What is the role of the Philippine National Police
in the enforcement of Republic Act 9211?
The Philippine National Police is mandated to enforce all laws and ordinances
relative to the protection of lives and properties, maintain peace and order and
take all necessary steps to ensure public safety, investigate and prevent crimes,
effect the arrest of criminal offenders, bring offenders to justice and assist in their
prosecution, exercise the general powers to make arrests, searches and seizures
in accordance with the Constitution and pertinent laws and detain an arrested
person for a period not beyond what is prescribed by law, informing the person
so detained of all his rights under the Constitution. Part of the mandate of the
Philippine National Police is the enforcement of 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.

B.) Violations of Republic Act 9211


1.) Malls, Restaurants, Hotels and Bars
a.) Violations on Smoking Prohibition
Smoking is absolutely prohibited in public places such as:
*a
i.) Elevators and Stairwells
ii.) Locations in which fire hazards are present like GAS STATIONS and STORAGE
AREAS for FLAMMABLE LIQUIDS, GAS, EXPLOSIVES, OR COMBUSTIBLE *b
MATERIALS
iii.) Playgrounds, Playschools, Recreational Facilities for Persons below 18 years old
iv.) Food preparation areas (areas where food is actually being manufactured or
prepared) such as KITCHENS of restaurants
*a *b
Republic Act 9211 [ 03 ]

{ 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.

Non-compliance with any of the requirements constitutes a violation of


Republic Act 9211. Smoking areas may be designated in enclosed public places
like restaurants, malls, and hotels, and public and private workplaces like offices.
Smoking can only be allowed in the designated smoking area.

The following are violations:


*c
i.) Smoking in a place with no designated smoking area
ii.) Non-observance of standards for the designated smoking area
(See SCHEDULE A before Directory)
iii.) Non-Posting of the required signages
iv.) Non-designation of smoking and non-smoking areas.

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

d.) Violations of Provisions concerning Minors


The following are violations:
i.) Selling/Distributing Tobacco Products to Minors *e
ii.) Purchasing cigarettes or any tobacco product from a minor
iii.) Sample Restrictions - the distribution of samples of tobacco products to
persons below 18 years old
*c *d *e
[ 04 ] Republic Act 9211

*f *g *h

100 meters is the


distance of about three
(3) basketball courts

iv.) 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
*f
REPLICAS OF RACING VEHICLES, VIDEO GAMES AND FOOD.
v.) Sale or Distribution of cigarettes and other tobacco products within
100 METERS from any point of the perimeter of a SCHOOL, PUBLIC
*g
PLAYGROUND, or FACILITY FREQUENTED BY MINORS

e.) Ban on Tobacco Advertisements


Four forms of advertisements have been banned:
1.) Tobacco Advertisements on TELEVISION, CABLE TELEVISION AND RADIO
2.) Tobacco Advertisements OUTDOORS
3.) Tobacco Advertisements in CINEMAS
4.) Tobacco Advertisements in MASS MEDIA

2.) Highways and Streets


a.) Violation on Smoking Prohibition
i.) Smoking is absolutely prohibited in public conveyances such as
jeepneys, buses and tricycles
b.) Selling/Distributing Tobacco Products to Minors
c.) Outdoor Ad Ban

3.) Public Markets, Churches and Schools


a.) Sale or Distribution of cigarettes and other tobacco products within
100 METERS*h from any point of the perimeter of a SCHOOL
b.) Designated Smoking and Non-Smoking Areas
c.) Outdoor Advertising Ban

{ Ignorance of real age of minor is not a defense for a person selling or


distributing tobacco products. }
Republic Act 9211 [ 05 ]

{ W hat is an advertisement? An advertisement refers to any visual and/or audible message


disseminated to the public about or on a particular product that PROMOTES AND
GIVES 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 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.

4.) Bus Stations, Train Stations and Jeepney Terminals


a.) Designated Smoking and Non-Smoking Areas (Bus stations, train
stations, and jeepney terminals can have a designated smoking area,
but it must follow requirements.)
b.) Outdoor Advertising Ban

5.) All other places


a.) Smoking is absolutely prohibited in the following places:
i.) Places with no designated smoking areas where a designated smoking
area is required

ii.) Within the building and premises of :


A.) PUBLIC AND PRIVATE HOSPITALS
B.) MEDICAL, DENTAL, AND OPTICAL CLINICS
C.) HEALTH CENTERS
D.) NURSING HOMES
E.) DISPENSARIES
F.) LABORATORIES

TABLE OF MORTALITY RATES FROM CANCER,


RESPIRATORY AND CIRCULATORY DISEASES FROM SMOKING
(Source: WHO Mortality Data Base for the Philippines [2003])

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.

In reaction thereto, you are hereby notified and commended to appear on


(Day, Month, Year) at ______am./p.m. for the FORMAL INVESTIGATION of
the charge/s against you, independent of any criminal and/or civil actions
which may be prosecuted for the same violation.

In the meantime, pending the commencement of the formal


investigation and pursuant to Section in undersigned hereby ORDERS the
following:______________________________________________.

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.

FOR STRICT COMPLIANCE AND ENFORCEMENT

Done in the Philippines on this ___day of (Month, year),

UNDER THE AUTHORITY


OF THE CITY MAYOR CONCERNED
BUILDING OFFICIAL

MEMBER OF THE PNP


Republic Act 9211 [ 07 ]

IV.) City Engineer, City Health


Officer and other Local
Government Officials
A.) What is the role of the City Engineer
in the implementation of Republic Act 9211?
The City Engineer acts as the local building official of the local government unit.
The City Engineer takes charge of the engineering office and also exercises such
powers and performs such other duties as may be prescribed by law. Under
Republic Act 9211, the building official is authorized to take the necessary steps
such as the institution of criminal proceedings against violators of the provisions
of Republic Act 9211, as well as to cause the removal of non-compliant cinema
and outdoor advertising, and tobacco-related self-service facilities.

B.) What is the role of the City Health Officer in the


implementation of Republic Act 9211?
The health officer takes charge of the office of health services and shall
execute and enforce laws, ordinances and regulations relating to public
health. Republic Act 9211 is a law that deals with the promotion of the health
of the people, so the health officer is a front liner in its implementation.
The health officer also takes care that remedies against a public nuisance are
availed of.

C.) Violations of Republic Act 9211


Republic Act 9211 has specifications on buildings and advertisements that
the City Engineer, the City Health Officer and other local government officials
must look out for, before they can grant permits and/or licenses or to ensure
that existing establishments comply with the requirements of Republic Act
9211 and its Implementing Rules and Regulations.
Non-compliance with the requirements are violations of Republic Act 9211
and its Implementing Rules and Regulations.

{ 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

c.) Within the building and premises of:


i.) PUBLIC and PRIVATE HOSPITALS
ii.) MEDICAL, DENTAL, AND OPTICAL CLINICS
iii.) HEALTH CENTERS
iv.) NURSING HOMES
v.) DISPENSARIES and
vi.) LABORATORIES

d.) Food Preparation Areas (includes areas where food or beverage is actually
being manufactured or prepared)

These areas CANNOT HAVE DESIGNATED SMOKING AREAS.

2.) Designated Smoking and Non-Smoking Areas


In all
i.) places that are not covered by those above,
ii.) all enclosed places that are open to the general public
iii.) public and private workplaceswhere smoking may expose a person
other than the smoker to tobacco smoke, the OWNER, PROPRIETOR,
OPERATOR, POSSESOR, MANAGER, or ADMINISTRATOR of such places
shall establish smoking and non-smoking areas. The designated areas
must comply with requirements and standards.

Violation is done by OMISSION, the failure of the responsible person to


comply with any of the requirements and standards prescribed.
Republic Act 9211 [ 09 ]

{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

A smoking area may be designated WITHIN THE BUILDING, in an OPEN


SPACE or a SEPARATE AREA WITH PROPER VENTILATION, but shall NOT be
located within the same area that has been designated as a non-smoking
area.
*j
b.) Failure to Observe Standards for Designated Smoking Areas
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 (NBC) and the PHILIPPINE SOCIETY OF
MECHANICAL ENGINEERS CODE (PSMEC).

The separation may be accomplished either by:


-floor-to-ceiling or floor-to-floor solid partitions interrupted only by
doors with door closers and which must be constantly closed except
when a person is entering or exiting the area; OR

- by other means which enable compliance with the air quality


standards set forth in the NBC and the PSMEC. *k

*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 ]

c.) Failure to Post Signage in the D esignated Smok ing


and Non-Smok ing A reas
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.
*l
The following are the specifications for the signs:
OVER-ALL SIZE OF SIGN: 297 x 210 mm
(about 11.7 inches by 8 inches)
FONT AND SIZE FOR SMOKING AREA or NO SMOKING AREA or
NO SMOKING: ARIAL BLACK, 122 pt.
FONT AND SIZE FOR GOVERNMENT WARNING: ARIAL BLACK,
48 pt.
FONT AND SIZE FOR Tobacco Regulation Act: ARIAL BLACK,
32 pt.
d.) Failure to include a Warning in the SMOKING AREA sign about the health
effects of direct or secondhand exposure to tobacco smoke
The health warning may be in English or Filipino. It may be any of the following
variants:

GOVERNMENT WARNING:Cigarette Smoking is dangerous to


your health. (Babala: Ang paninigarilyo ay mapanganib sa iyong
kalusugan.)
GOVERNMENT WARNING: Cigarettes are addictive.
(BABALA: Ang sigarilyo ay nakaka-adik.)
GOVERNMENT WARNING: Tobacco smoke can harm your children.
(BABALA: Ang usok ng sigarilyo ay mapanganib sa bata.)
GOVERNMENT WARNING: Smoking kills.
( BABALA: Nakamamatay ang paninigarilyo.)

*l
[ 12 ] Republic Act 9211

{ A POINT-OF-SALE is any location at which an individual can purchase or obtain tobacco


products. Examples are convenience stores, sari-sari stores and kiosks in malls. Excluded are
sidewalk vendors.
*m
}
3.) Outdoor Advertisement Ban
Beginning July 1, 2007, all cinema and outdoor advertising shall be prohibited.
No leaflets, posters and similar outdoor advertising materials may be posted,
EXCEPT INSIDE THE PREMISES OF POINT-OF-SALE RETAIL ESTABLISHMENTS.

4.) Other Duties of Establishment Owners


It is the duty of retailers to verify by means of any valid form of photographic
identification containing the date of birth of the buyer, in case of doubt as
to the age of the buyer, that no individual purchasing a tobacco product is
below (18) years of age.

It is also the duty of point-of sale establishments offering, distributing or


selling tobacco products to consumers to post the following statement in a
CLEAR AND CONSPICUOUS MANNER:

SALE/DISTRIBUTION TO OR PURCHASE BY MINORS OF TOBACCO


PRODUCTS IS UNLAWFUL

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 ]

5.) Flowchart of Procedure


5.) Flowchart of Procedure
[ 14 ] Republic Act 9211

6.) Pro-Forma Complaint

Republic of the Philippines )


City of Manila ) s.s.

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:

The crime was committed as follows:


1. That on or about (month day, year), in the City of _______, and within the
jurisdiction of this court, the said accused, did then and there unlawfully (cite
the acts that constitute the elements of the violation):

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.

(Day) (Month) (Year), (City)

______________________
Chief of Police

SUBSCRIBED AND SWORN to before me this _____ day of (month) (year),


complainant _____________, before me exhibiting his Residence Certificate
No._____________________ issued on _____________-at_______________.

Doc. No. _____ ;


Page No. _____ ;
Book No. _____ ;
Series of (year)

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.

B.) Violations under Republic Act 9211


For easy reference to civil society, the violations of Republic Act 9211 are
grouped according to the places and their vicinity where the violations are
most commonly seen and witnessed. These places are:
1.) Malls, Restaurants, Hotels and Bars
2.) Highways and Streets
3.) Public Markets, Churches and Schools
4.) Bus Stations, Train Stations and Jeep Terminals
5.) All other places.
[ 16 ] Republic Act 9211

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

i.) Centers of Youth Activity *o


(i.e. playschools, barbershops for children, playgrounds)
ii.) Locations in which FIRE HAZARDS are present
iii.) Food Preparation Areas (i.e. kitchens, bars) *p
These places cannot have designated smoking areas.
*q
b.) Designated smoking and non-smoking areas

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

where smoking may expose a person other than the smoker to


tobacco smoke, the owner, proprietor, operator, possessor, manager,
or administrator of such places shall establish smoking and non-
smoking areas. The designated areas must comply with requirements
and standards.
Violation is done by OMISSION, the failure of the responsible person to
comply with any of the requirements and standards prescribed.

i.) Failure to Designate SMOKING and NON-SMOKING AREAS

A smoking area may be designated WITHIN THE BUILDING, in an OPEN


SPACE or a SEPARATE AREA WITH PROPER VENTILATION, but shall NOT be
located within the same area that has been designated as a non-smoking
area.

*o *p *q
Republic Act 9211 [ 17 ]

ii.) Failure to Observe Standards for Designated Smoking Areas *r

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 (NBC) and the PHILIPPINE SOCIETY
OF MECHANICAL ENGINEERS CODE (PSMEC). (See SCHEDULE A before
Directory)

The separation may be accomplished either by:


floor-to-ceiling or floor-to-floor solid partitions interrupted only by
doors with door closers and which must be constantly closed except
when a person is entering or exiting the area; OR
by other means which enable compliance with the air quality
standards set forth in the NBC and the PSMEC.

iii.) Failure to Post Signage in the Designated Smoking


*s
and Non-Smoking Areas

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.

The following are the specifications for the signs: *t


OVER-ALL SIZE OF SIGN: 297 x 210 mm (about 11.7 inches by 8
inches)
FONT AND SIZE FOR SMOKING AREA or NO SMOKING AREA or
NON SMOKING: ARIAL BLACK, 122 pt.

*r *s *t
{
[ 18 ] Republic Act 9211

A person who smokes in a designated non-smoking area has also


committed a violation.
}
FONT AND SIZE FOR GOVERNMENT WARNING: ARIAL BLACK, 48
pt.
FONT AND SIZE FOR Tobacco Regulation Act: ARIAL BLACK, 32 pt.

iv.) Failure to include a Warning in the SMOKING AREA sign about the
health effects of direct or secondhand exposure to tobacco smoke

The health warning may be in English or Filipino. It may be any of the


following variants:

GOVERNMENT WARNING: Cigarette Smoking is dangerous to your health.


(Babala: Ang paninigarilyo ay mapanganib sa iyong kalusugan.)
GOVERNMENT WARNING: Cigarettes are addictive. *u
(BABALA: Ang sigarilyo ay nakaka-adik.)
GOVERNMENT WARNING: Tobacco smoke can harm your children.
( BABALA: Ang usok ng sigarilyo ay mapanganib sa bata.)
GOVERNMENT WARNING: Smoking kills.
( BABALA: Nakamamatay ang paninigarilyo.)

c.) Violations of Provisions Concerning Minors

The following are violations:

i.) Selling/Distributing Tobacco Products to Minors


*v
ii.) Purchasing cigarettes or any tobacco product from a minor

iii.) Sample Restrictions- The distribution of samples of tobacco products to


persons below 18 years old

*u *v
Republic Act 9211 [ 19 ]

{ T he seller need not have a business permit to be a violator of the prohibition on


selling tobacco products to minors.
}
iv.) 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.

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.

Four forms of advertisements have been banned:


i.) Tobacco Advertisements on TELEVISION, CABLE TELEVISION AND RADIO
*y
ii.) Tobacco Advertisements OUTDOORS
iii.) Tobacco Advertisements in CINEMAS
iv.) Tobacco Advertisements in MASS MEDIA

*w *x *y
[ 20 ] Republic Act 9211

{
What is Mass Media?

M ass media is any medium of communication designed to reach a mass of


people. 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 limited to the INTERNET. }
f.) Restrictions on Tobacco Promotions
The following are violations of this restriction:
i.) Tobacco promotions must only be directed to persons at least 18 years old.

There are three kinds of violations for this restriction:


1.) tobacco is promoted and directed to minors
2.) tobacco is promoted and a minor or one who appears to be a
minor participates in the promotion
3.) tobacco is promoted, a person participates in the promotion and
presentation of proof of age was not required.

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.

iv.) No tobacco advertisements may be placed on shopping bags.

g.) Restrictions on Sponsorships


Beginning July 1, 2008, cigarette and tobacco companies are prohibited from
sponsoring any sport, concert, cultural art or event, as well as individual and
team athletes, artists or performers where such sponsorship shall require or
*z *aa
Republic Act 9211 [ 21 ]

{ P romotion is 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, 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

i.) Violation on Smoking Prohibition


Smoking is absolutely prohibited in public conveyances such as
jeepneys, buses and tricycles *bb
ii.) Selling/Distributing Tobacco Products to Minors *cc
iii. Outdoor Ad Ban

3.) Public Markets , Churches and Schools


i.) Smoking in Schools (i.e. Universities, Colleges, High Schools,
Elementary Schools and Preschools)
ii.) Sale or Distribution of cigarettes and other tobacco products *dd
within 100 METERS from any point of the perimeter of a SCHOOL
iii.) Designated Smoking and Non-Smoking Areas
iv.) Outdoor Advertising Ban

4.) Bus Station, Train Stations and Jeep Terminals


i.) Designated Smoking and Non-Smoking Areas
ii.) Outdoor Advertising Ban
5.) All other places
i.) Smoking is absolutely prohibited in the following places:
a.) Places with no designated smoking areas where a
designated smoking area is required
*bb *cc *dd
[ 22 ] Republic Act 9211

{ 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 :

G.) PUBLIC AND PRIVATE HOSPITALS


H.) MEDICAL, DENTAL, AND OPTICAL CLINICS
I.) HEALTH CENTERS
J.) NURSING HOMES
K.) DISPENSARIES
L.) LABORATORIES

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 .

iii.) No manufacturer may register a TOBACCO PRODUCT BRAND


NAME as a COMPANY 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

5.) PUBLIC CONVEYANCES like jeepneys, tricycles, buses, trains and


taxicabs.
Republic Act 9211

6.) FOOD PREPARATION AREAS. These include areas where food or


beverage is actually being manufactured of prepared.
[ 23 ]
[ 24 ]

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

Pesos (Php500.00) but not more


1.) Enclosed places open to the general public than One Thousand (Php1,000.00).
In case of an
2.) Public and private workplaces
3.) Other places where smoking is not prohibited or where
establishment, the Second offense:
smoking may expose a person other than the smoker to person liable is the: a. a fine of not less than One
cigarette smoke. Thousand Pesos (Php1,000.00)
1. OWNER but not more than Five Thousand
Examples of these places are MALLS, RESTAURANTS, HOTELS, 2. PROPRIETOR Pesos (Php5,000.00).
INTERNET CAFES, COFFEE SHOPS and similar places. 3. POSSESSOR Third offense:
4. MANAGER OR a. a fine of not less than Five
A smoking area may be designated WITHIN THE BUILDING WITH 5. ADMINISTRATOR. Thousand Pesos (P5,000.00) but
PROPER VENTILATION, IN AN OPEN SPACE or a SEPARATE AREA not more than Ten Thousand pesos
WITH PROPER VENTILATION. (Php10,000.00),
b. the business permit and license
B.) FAILURE TO OBSERVE STANDARDS FOR DESIGNATED to operate of the establishment
SMOKING AREAS. concerned shall be cancelled or
revoked.
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.
II. VIOLATION OF RULES ON DESIGNATED SMOKING AND NON-SMOKING AREAS (Sec.6, RA 9211)
VIOLATION VIOLATORS PENALTY/IES
C. FAILURE TO POST SIGNAGE IN THE DESIGNATED SMOKING INDIVIDUAL OR First Offense:
AND NON-SMOKING AREAS ESTABLISHMENT a. a fine not less than Five Hundred
Pesos (Php500.00) but not more
Smoking areas must have one legible and visible SMOKING AREA than One Thousand (Php1,000.00).
In case of an
sign-The sign may be in English or Filipino. The SMOKING AREA sign
shall be placed at the entrance to the designated smoking area and
establishment, the Second offense:
shall NOT include any mark, device word, or image associated with person liable is the: a. a fine of not less than One
ANY tobacco product or brand. Thousand Pesos (Php1,000.00) but
1. OWNER not more than Five Thousand Pesos
Non-smoking areas must have at least one legible and visible NO 2. PROPRIETOR (Php5,000.00).
SMOKING AREA or NO SMOKING sign. 3. POSSESSOR Third offense:
4. MANAGER OR a. a fine of not less than Five
The signage LOOKS LIKE: 5. ADMINISTRATOR. Thousand Pesos (P5,000.00) but
not more than Ten Thousand pesos
SMOKING AREA (Php10,000.00),
GOVERNMENT WARNING: b. the business permit and license
Cigarette Smoking to operate of the establishment
is Dangerous to Your Health concerned shall be cancelled or
Tobacco Regulation Act revoked.

D.) SMOKING IN PLACES WHERE THERE IS NO DESIGNATED


SMOKING AREA OR SMOKING IN A NON-SMOKING AREA (Sec.
6, RA 9211)
Republic Act 9211
[ 25 ]
[ 26 ]

SALE OR DISTRIBUTION OF TOBACCO PRODUCTS VIA SELF-SERVICE FACILITY


WITHOUT MECHANISM FOR AGE VERIFICATION (Sec.7, RA 9211)

VIOLATION VIOLATORS PENALTY/IES


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

4. MOST SENIOR OFFICERS.


[ 27 ]
[ 28 ]

SALE OF TOBACCO WITHIN SCHOOL PREMISES (SEC. 10)


VIOLATION VIOLATORS PENALTY/IES
SELLING OR DISTRIBUTING CIGARETTES OR OTHERTOBACCO 1. INDIVIDUAL On the first offense, a fine of not
PRODUCTS WITHIN 100 METERS FROM ANY POINT OF THE less than five thousand pesos (Php
5,000.00) or an imprisonment of not
Republic Act 9211

PERIMETER OF A SCHOOL, PUBLIC PLAYGROUND OR OTHER


more than thirty (30) days.
FACILITY FREQUENTED BY MINORS ( 100 METERS IS ABOUT
THE LENGTH OF THREE BASKETBALL COURTS) For succeeding offenses, both
penalties shall apply.

2. ESTABLISHMENT On the first offense, a fine of not


less than five thousand pesos (Php
5,000.00) or an imprisonment of not
In case of an establishment,
more than thirty (30) days.
the person liable is the:
For succeeding offenses, both
1. OWNER penalties shall apply, in addition to
2. PRESIDENT the revocation of business licenses
3. MANAGER OR or permits.
4. MOST SENIOR
OFFICERS.
FAILURE TO PLACE PROPER WARNING IN TOBACCO PACKAGES (SEC. 13, RA 9211)
VIOLATION VIOLATORS PENALTY/IES
What are the elements of the offense? 1. MANUFACTURER First Offense:
2. RETAILER OF THE a. a fine in the maximum about of One
A package containing tobacco products is in violation of Section NON-COMPLIANT Hundred Thousand Pesos (P100,000); or
13 or RA 9211 if it fails to comply with any of the following b. imprisonment not to exceed one (1)
CIGARETTE PACKS year, or
requirements: c. both.
1. The manufacturer/importer prints the following warnings on
In the case of a business Second offense:
the cigarette packages: entity or establishment, a. a fine of Two Hundred Thousand
the following shall be Pesos (P200,000); or
held liable: b. imprisonment for a maximum of two
a. GOVERNMENT WARNING: Cigarette Smoking is (2) years; or
Dangerous c. both.
to Your Health (BABALA: Ang Paninigarilyo ay A. OWNER
Mapanganib B. PRESIDENT Third offense:
sa Iyong Kalusugan); a. a fine not to exceed Four Hundred
C. MANAGER OR Thousand (P400,000); or b. imprisonment
b. GOVERNMENT WARNING: Cigarettes are Addictive not to exceed three (3) years; or
D. OFFICIALS
(BABALA: Ang Sigarilyo ay Nakaka-adik); c. both; and
c. GOVERNMENT WARNING: Tobacco Smoke Can Harm d. the business permit and license of the
Your Children (BABALA: Ang Usok ng Sigarilyo ay erring establishment will be revoked or
Mapanganib sa mga Bata); and cancelled.
d. GOVERNMENT WARNING: Smoking Kills *If the guilty officer is an alien, he shall
(BABALA: Nakamamatay ang Paninigarilyo). summarily be deported after serving his
e. NO SALE TO MINORS / NOT FOR SALE TO MINORS sentence, and shall forever be barred
from entering the Philippines.
Republic Act 9211

2. The warning is located on the bottom portion of one front panel


of every product package.
[ 29 ]
[ 30 ]

FAILURE TO PLACE PROPER WARNING IN TOBACCO PACKAGES (SEC. 13, RA 9211)


VIOLATION VIOLATORS PENALTY/IES
3. The warning occupies not less than 30% of such panel, including 1. MANUFACTURER First Offense:
the border or frame. 2. RETAILER OF THE a. a fine in the maximum about of One
4. The text of the warning must conform to the following: Hundred Thousand Pesos (P100,000);
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 ]

NON-COMPLIANCE WITH ADVERTISEMENT REQUIREMENTS


VIOLATION VIOLATORS PENALTY/IES
B. Print and outdoor advertisement 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
Republic Act 9211

1. There is a print advertisement for tobacco. (P100,000); or


2. Either of the following attends the print advertisement: b. imprisonment not to exceed one
a. The print advertisement does not have the mandated health (1) year; or
warning: GOVERNMENT WARNING: Cigarette Smoking c. both.
Is Dangerous To Your Health.
Second offense:
b. Or, if there is such a warning, either of the following defects a. a fine of Two Hundred Thousand
are present: Pesos (P200,000); or
i. The warning is not centered b. imprisonment for a maximum of
ii. The warning does not occupy a total area of not less than two (2) years; or
15% of such advertisement; c. both.
iii. The text of the warning is not clearly visible or legible; OR
iv. The text is hidden or obscured by other text or images. Third offense:
a. a fine not to exceed Four Hundred
C. Cinema and television advertisement Thousand Pesos (P400,000); or
b. imprisonment not to exceed
What are the elements of the offense? three (3) years; or c. both; and
1. There is a tobacco advertisement in television or in the d. the business permit and license
of the erring establishment will be
cinema.
revoked or cancelled.
2. Either of the following attends the advertisement:
a. There is no mandated health warning GOVERNMENT
WARNING: Cigarette Smoking Is Dangerous To Your Health
NON-COMPLIANCE WITH ADVERTISEMENT REQUIREMENTS
VIOLATION VIOLATORS PENALTY/IES
b. The health warning is not voiced over in the last five (5) A. NON-COMPLIANT First Offense:
seconds of the advertisement; TOBACCO COMPANY a. a fine in the maximum about
c. If there is a health warning, the following defects are present: of One Hundred Thousand Pesos
i. The health warning occupies less than fifty percent (50%) (P100,000); or
of the screen; b. imprisonment not to exceed one
ii. The health warning is not visible, legible, and audible; (1) year; or
iii. It is not in black text on white background or white text c. both.
on black background; or
iv. There are other images included in the warning frame.
Second offense:
a. a fine of Two Hundred Thousand
Pesos (P200,000); or
D. Radio advertisement b. imprisonment for a maximum of
two (2) years; or
What are the elements of the offense? c. both.
1. There is a tobacco advertisement over the radio. Third offense:
2. It does not comply with either of the following requirements: a. a fine not to exceed Four Hundred
a. There was no health warning voiced over in the last five Thousand Pesos (P400,000); or
(5) seconds of the advertisement; OR b. imprisonment not to exceed
b. If there was a warning, it was not voiced over clearly three (3) years; or c. both; and
and audibly. d. the business permit and license
of the erring establishment will be
revoked or cancelled.
Republic Act 9211
[ 33 ]
[ 34 ]
NON-COMPLIANCE WITH THE RESTRICTIONS ON TOBACCO ADVERTISING IN AUDIO, VIDEO
AND COMPUTER CASSETTES/DISCS AND SIMILAR MEDIUM (SEC.20, RA 9211)
VIOLATION VIOLATORS PENALTY/IES
No electronic advertisements should be incorporated a. Non-compliant First offense:
a. a fine of not more than One Hundred
Republic Act 9211

within any video or audio cassette, videogame machine, Retailer 3


thousand pesos (Php100,000.00); or
optical disc or any similar medium. This is allowed only b. imprisonment of not more than one
if access to the item is restricted to persons eighteen (18) *In the case of a (1) year; or c. both.
years of age or older. business entity or
establishment, the Second offense:
a. a fine of Two hundred thousand pesos
What are the elements of the offense? 1 following shall be held (Php200,000.00); or
1. There is a tobacco advertisement. liable: b. imprisonment of not more than two
2. The advertisement is in electronic form; a. owner, (2) years; or c. both.
3. The advertisement is incorporated within any video or b.president, Third offense:
2
audio cassette, videogame machine, optical disc or any c. manager or a. a fine of not more than Four Hundred
similar medium. d. officials thousand pesos (Php400,000.00); or
4. Access to the item is not restricted to persons 18 years b. imprisonment of not more than three
(3) years; or
of age or older. c. both; and
d. the business permits and licenses,
in the case of a business entity or
establishment shall be revoked or
cancelled.

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 ]

ADVERTISEMENT BANS (SEC. 22, RA 9211)


VIOLATION VIOLATORS PENALTY/IES
1. Non-compliant First offense:
1. Beginning 1 January 2007, all tobacco advertising on tobacco company a. a fine of not more than One
Republic Act 9211

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 ]

ADVERTISEMENT BANS (SEC. 22, RA 9211)


VIOLATION VIOLATORS PENALTY/IES
1. Non-compliant First offense:
3. It is not made within the premises of point-of-sale tobacco company a. a fine of not more than One
2. Retail establishment Hundred thousand pesos
Republic Act 9211

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 ]

RESTRICTIONS ON TOBACCO PROMOTIONS (SEC. 23, RA 9211)


VIOLATION VIOLATORS PENALTY/IES
There are nine restrictions on tobacco promotions: 1. Manufacturers First offense:
2. Distributors a. a fine of not more than One
1. Target Market and Participants 3. Retailers, or Hundred thousand pesos
Republic Act 9211

4. Those who act on their (Php100,000.00); or


behalf b. imprisonment of not more than
What does the law provide? one (1) year; or c. both.
Promotions must be directed only to persons at least *In the case of a business
eighteen (18) years old. No person below eighteen (18) entity or establishment, Second offense:
years old or who appear to be below eighteen (18) years the following shall be held a. a fine of Two hundred thousand
old may participate in such promotions. The participants in liable: pesos (Php200,000.00); or
1. owner,
b. imprisonment of not more than
promotions must be required to provide proof of age. two (2) years; or c. both.
What are the elements of the offense? 2. president,
3. manager or Third offense:
4. officials. a. a fine of not more than Four
The elements for a violation of the first duty (tobacco
promotions be directed only to adults as opposed to minors) Hundred thousand pesos
If the guilty officer is an (Php400,000.00); or
are: alien, he shall summarily b. imprisonment of not more than
be deported after serving three (3) years, or
1. That tobacco is promoted. his sentence and shall c. both, and
2. It is directed to minors. 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.

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:

1. That tobacco is promoted.


2. A minor or one who appears to be a minor participates in the
promotion.

The elements for a violation of the third duty (that participants in


promotions must be required to show proof of age):

1. That tobacco is promoted.


2. That a person participates in the promotion.
3. Presentation of proof of age was not required.

2. Communications to Consumers

What does the law provide?

Communications to consumers about tobacco promotions shall


comply with the provisions of this Act governing tobacco
Republic Act 9211
[ 41 ]
[ 42 ]

RESTRICTIONS ON TOBACCO PROMOTIONS (SEC. 23, RA 9211)


VIOLATION VIOLATORS PENALTY/IES
advertising. In addition to the required health warning, the age
requirement for participation in any promotion must be clearly
Republic Act 9211

marked on the program materials distributed to consumers.

What are the elements of the offense?

1. That tobacco is promoted.


2. The promotion is communicated to consumers.
3. The promotional materials do not comply with the provisions
on advertising or display the age requirement.

3. Points-of-Sale

What does the law provide?

All stalls, booths and other display concerning tobacco


promotions must be limited to point-of-sale of adult only
9
facilities.

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?

1. That tobacco is promoted.


2. Displays are employed in connection with the promotion.
3. The displays are located in places other than the points-of-
sale of adult only locations.

4. Telephone Communications

What does the law provide?

Telephone Communications concerning promotional offers,


programs or events must include a recorded health warning
message in English or Filipino consistent with the warnings
specified under RA 9211.

What are the elements of the offense?


1. That tobacco is promoted.
2. The promotion is communicated by telephone.
3.The communication does not include a recorded health
warning in English or Filipino.
Republic Act 9211
[ 43 ]
[ 44 ]

RESTRICTIONS ON TOBACCO PROMOTIONS (SEC. 23, RA 9211)


VIOLATION VIOLATORS PENALTY/IES

5. Placement of Props in Visual Media


Republic Act 9211

What does the law provide?

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.

What are the elements of the offense?

1. That tobacco is promoted.


2. There is a TV program or motion picture for viewing by
the general public or a video, optical disc or video game
machine.
3. A tobacco product, tobacco product package or
advertisement is placed as a prop therein.
4. The placement is made by a manufacturer, distributor or
retailer.
RESTRICTIONS ON TOBACCO PROMOTIONS (SEC. 23, RA 9211)
VIOLATION VIOLATORS PENALTY/IES

6. Cigarette Brands on Smoking Related Paraphernalia

What does the law provide?

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 RA 9211.

What are the elements of the offense?

1. That tobacco is promoted.


2. An indicia of a cigarette brand larger than 50 cm appears
on a smoking related item.
3. There is no health warning consistent with the Act.
Republic Act 9211
[ 45 ]
[ 46 ]

RESTRICTIONS ON TOBACCO PROMOTIONS (SEC. 23, RA 9211)


VIOLATION VIOLATORS PENALTY/IES
7. Cigarette Brands on Merchandise
Republic Act 9211

What does the law provide?

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. This enumeration provided in the law is not exclusive by
express provision thereof, and thus, is broad enough to cover
items such as key chains, tissue, tissue holders, and any other
items which by their nature may be considered merchandise.
Clothing items must be in adult sizes only.10

What are the elements of the offense?

1. That tobacco is promoted.


2. There is merchandise or a clothing item with the name, logo
or indicia of a cigarette brand.

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.

Another violation may be incurred in the case of clothing


items, as when not all are in adult sizes. In such a case, the
first three elements above are the same, but the fourth will
be: (4) Not all clothing items are in adult sizes.

8. Cigarette Brands on Products for Minors

What does the law provide?

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 companys brand
Republic Act 9211

names, logos or other proprietary material on products that


[ 47 ]
[ 48 ]

RESTRICTIONS ON TOBACCO PROMOTIONS (SEC. 23, RA 9211)


VIOLATION VIOLATORS PENALTY/IES
are directed toward minors.
Republic Act 9211

What are the elements of the offense?

1. That tobacco is promoted.


2. There is an item marketed to or likely to be used by a
minor.
3. The name, logo or other indicia of a cigarette brand or
element of brand-related activity appears thereon.

9. Advertisements on Shopping Bags

What does the law provide?


No tobacco advertisements may be placed on
shopping bags. 11

What are the elements of the offense?


1. That tobacco is promoted.
2. There is a tobacco advertisement.
3. The advertisement is placed a shopping bag.

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

using a tobacco product or brand name.


[ 49 ]
[ 50 ]

TOBACCO SPONSORSHIP (Sec. 26, RA 9211)


VIOLATION VIOLATORS PENALTY/IES
Two acts are penalized under section 26 of RA 9211: 1. Cigarette/ tobacco First offense:
company and a. a fine of not more than One
1. Violation of the sponsorship ban 2. The group or individual Hundred thousand pesos
Republic Act 9211

who entered into the (Php100,000.00); or


What are the elements of the offense? prohibited sponsorship b. imprisonment of not more than
contract one (1) year, or c. both.
1. There is a sport, concert, or cultural art or event, OR individual
or team athletes, artists or performers *In the case of a business Second offense:
2. Such event, person or group is being sponsored by a cigarette entity or establishment, a. a fine of Two hundred thousand
12 pesos (Php200,000.00) or
or tobacco company. the following shall be held
b. imprisonment of not more than
3.The sponsorship agreement requires the advertisement or liable: two (2) years, or c. both.
promotion of cigarette use, name or brand. a. owner
b. president Third offense:
2. Registration of tobacco brand name as company name c. manager or a. a fine of not more than Four
d. officials Hundred thousand pesos
What are the elements of the offense? (Php400,000.00); or
13
If the guilty officer is an b. imprisonment of not more than
1. There is a manufacturer. alien, he shall summarily three (3) years, or
2. Such manufacturer registered a tobacco brand name as a be deported after serving c. both, and
company name; his sentence and shall d. the business permits and
3. The registration was made after June 23, 2003. be forever barred from licenses, in the case of a business
re-entering from the
entity or establishment shall be
revoked or cancelled.
Philippines.

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

1.1.1. The Temperature and humidity of the air to be used


for comfort cooling shall be maintained at 20-30 C 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.

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

2.2.3. The air such occupied spaces shall at all times be in


constant motion sufficient to maintain a reasonable uniformity
of temperature and humidity but shall 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 15.54 meter per minute as
the air enters the living zone or 1,830 mm above the floor.

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

Apartment, ave, Smoking 0.567 0.283


Apartment, de luxe Some 0.567 0.283
Banking spaces Some 0.283 0.213
Barber Parlor Occasional 0.425 0.283
Beauty Parlor Considerable 0.283 0.213
Board Room Occasional 1.417 0.567
Cocktail Bar Very Heavy 1.134 0.708
Department Store Heavy 0.213 0.412
Directors Room None 1.417 0.850
Drug Store Extreme 0.283 0.213
Factory Considerable 0.283 0.213
Funeral Parlor None 0.283 0.213
Hospital, Private Rm None 0.850 0.708
Hospital Ward None 0.567 0.283
Hotel Room None 0.850 0.708
Laboratories Heavy 0.567 0.425
Meeting Room Some 1.417 0.850
Offices, General Very Heavy 0.425 0.283
Offices, Private Some 0.708 0.425
Offices, Private None 0.850 0.708
Restaurant Cafeteria Considerable 0.340 0.283
Dining Room Considerable 0.425 0.340
Shop, Retail Considerable 0.283 0.213
Theater None 0.213 0.412
Theater None 0.425T 0.288
Some
[ 54 ] Republic Act 9211 Republic Act 9211 [ Xx ]

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

Out door ad ban


violation

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

Department of Trade and Industry (DTI)


Telephone Number: 751-3330
Website: http://www.dti.gov.ph

Philippine National Police (PNP)


Telephone Number 723-0401 to 20
SMS (For Non-Emergency Police Response):
Type PNP <your message> then send to 2920
Website: http://www.pnp.gov.ph
[ 58 ] Republic Act 9211

APPENDIX A: SAMPLE LETTER TO MAYOR/


CONCERNED LOCAL GOVERNMENT OFFICIAL

(Insert Name of Mayor/Concerned Local Government Official)

Dear Sir/Madam:

Good day!

We are ______________________________, (insert name of civil society group) a


concerned civil society group that has its main purpose the ______________________
_________________ , (insert primary corporate purpose) represented by ___________
________________________ (insert name of representative).

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.)

(Insert violations of the Tobacco Regulation Act and the violator.)

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 ]

APPENDIX B: SAMPLE FOLLOW-UP LETTER

(Insert name of City Mayor/ Concerned Local Government Official)

Dear Sir/Madam:

Good day!

We are ___________________________________, (insert name of civil society group) a


concerned civil society group that has its main purpose the __________________________
(insert primary corporate purpose) represented by ______________________________
_____ (insert name of representative).

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.

Name of the representative


[ 60 ] Republic Act 9211

APPENDIX C: LETTER OF APPRECIATION

(Insert Name of Mayor/Concerned Local Government Official)

Dear Sir/Madam:

Good day!

We are ______________________________, (insert name of civil society group) a


concerned civil society group that has its main purpose the _______________________
________________ , (insert primary corporate purpose) represented by _____________
______________________ (insert name of representative).

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 ]

APPENDIX D: EVIDENCE CHECKLIST FOR


INSPECTORS/ENFORCERS
Republic Act 9211 is a law that provides for penalties for violations of its provisions.
In order to prove the violations, evidence is required. The following is a checklist of
evidence that may be taken for each of the violations.

Violation: Smoking in a Prohibited Public Place


1. Testimony of witnesses
2. Photograph
3. Video

Violation: Failure to designate smoking and non-smoking areas


1. Testimony of witnesses
2. Photograph

Violation: Failure to observe standards for designated smoking areas


1. Testimony of witnesses
2. Photograph

Violation: Failure to Post Signage in the designated smoking and non-smoking areas
1. Testimony of witnesses
2. Photograph

Violation: Failure to include a health warning in the Smoking Area sign


1. Testimony of witnesses
2. Photograph

Violation: Selling/distributing tobacco products to minors


1. Testimony of witnesses
2. Business permits, books of account, sales invoices and other business records showing
that the retailer sells tobacco products
3. Receipt/s of the transaction
4. Photographs of the transaction
5. Video of the transaction
6. Birth certificate or any proof of identification indicating the date of birth of the minor

Violation: Purchasing cigarettes or any tobacco product from a minor


1. Testimony of witnesses
2. Receipts, monies and the tobacco product subject of the transaction
3. Photographs of the transaction
4. Video of the transaction
5. Birth certificate or any proof of identification indicating the date of birth of the minor

Violation: Selling of cigarettes by a minor


1. Birth certificate or any proof of identification indicating the date of birth of the minor
2. Testimony of witnesses
3. Receipts, monies and the tobacco product sold
[ 62 ] Republic Act 9211

4. Photograph of the transaction


5. Video of the transaction

Violation: Purchasing of cigarettes or any tobacco product by a minor


1. Testimony of witnesses
2. Receipts, monies and the tobacco product subject of the transaction
3. Photograph of the transaction
4. Video of the transaction
5. Birth certificate or any proof of identification indicating the date of birth of the
minor

Violation: Smoking of cigarettes or any tobacco product by a minor


1. Birth certificate or any proof of identification indicating the date of birth of the
minor
2. Testimony of witnesses
3. Photographs
4. Videos
5. The cigarette, cigarette butts, or tobacco products smoked

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: Non-compliance with the required health warnings on packages of tobacco


products
1. The actual package of the tobacco product
2. Testimony that the tobacco product is being sold
3. Photograph of the transaction
4. Video of the transaction

Violation: Tobacco Advertising in mass media


1. The actual advertisement
2. Photo of the advertisement
3. Video or video capture of the advertisement
4. Testimony of persons who witnesses the advertisement

Violation: Tobacco Advertising outdoors


1. The actual advertisement
2. Photo of the advertisement
3. Video of the advertisement
4. Testimony of persons who witnessed the advertisement
Republic Act 9211 [ 63 ]

Violation: Tobacco Advertising in Cinemas and on Television


1. The actual advertisement
2. Photo of the advertisement
3. Video of the advertisement
4. Testimony of persons who witnessed the advertisement

Violation: Tobacco Advertising on Radio


1. The actual advertisement
2. Recording of the advertisement
3. Testimony of persons who witnessed the advertisement

Violation: Non-compliance with the restrictions on tobacco advertising in audio, video


and computer cassettes/discs and similar medium
1. Video or audio cassette, videogame machine, optical disc or any similar medium
containing the tobacco advertisement
2. Testimony of persons who saw or made use of the audio cassette, videogame
machine, optical disc or any similar medium
3. Video or photographs showing that the device contains tobacco advertisement
and that it can be accessed

Violation: Tobacco Advertising on the Internet and other similar medium


1. Printout of the first page of the website to prove that the site is not restricted to
persons 18 years old and above
2. Printout of the webpage containing the tobacco advertisement
3. Certification from the person who printed the advertisement to prove the
authenticity of the printout
4. Testimony of persons

Violation: Promotions of tobacco products to minors


1. Tobacco promotional materials
2. Testimony of witnesses to prove that the promotion was directed to minors,
participated in by minors, or that presentation of proof identification is not
requires
3. Photographs
4. Video

Violation: Tobacco promotions are communicated to consumers and these do not


comply with requirements
1. Copy of the promotional materials
2. Testimony of witnesses to prove that the materials were being distributed

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 promotions communicated by telephone does not include a health


warning in English or Filipino
1. Recording of the telephone communication
2. Testimony of recipient of communication

Violation: Placement of Props( tobacco products, tobacco product packages, tobacco


advertisement) in Visual Media
1. Original copy of the video or the optical disc or video game
2. Copy of the TV program or movie showing such placement
3. Testimony of witnesses

Violation: Cigarette Brands on Smoking Related Paraphernalia (cigarette lighters,


ashtrays, matches and other smoking related items) with no Health Warning
1. The paraphernalia itself
2. Photograph of the paraphernalia
3. Video of the paraphernalia
4. Testimony of witnesses

Violation: Cigarette Brands on Merchandise


1. The article of merchandise itself
2. Testimony of witnesses
3. Photograph of the merchandise
4. Video showing such merchandise

Violation: Cigarette Brands on Products for Minors


1. The product itself
2. Testimony of witnesses

Violation: Tobacco Advertisement on Shopping Bags


1. The shopping bag
2. Testimony of witnesses

Violation: Tobacco manufacturer entering into an agreement with a sports league or


any team involved in such league where payment is made or other consideration is
given by the manufacturer in exchange for use of tobacco products brand
1. The documents embodying such agreement
2. Testimony of witnesses to the agreement
3. Testimony of witnesses who saw the teams sporting such brands
4. Photographs
5. Video

Violation: Naming an arena or stadium with a tobacco product brand


1. The documents embodying such agreement
2. Testimony of witnesses to the agreement
3. Photograph of the stadium or arena bearing the name of a tobacco product
Republic Act 9211 [ 65 ]

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

Violation: Registration of the tobacco brand name as company name


1. Certification from the Securities and Exchange Commission that the manufacturer
registered a tobacco brand name as a company name
2. Documents showing such registration

Violation: Distribution of samples of tobacco products to minors


1. Birth certificate or any proof of identification indicating the date of birth of the
minor
2. Testimony of the minor to whom the sample was given
3. Testimony of witnesses who saw the distribution of samples
4. Photographs of the distribution
5. Video of the distribution
[ 66 ] Republic Act 9211

APPENDIX E: INSPECTION CHECKLIST


FOR ENFORCERS
THE FOLLOWING ARE THE PLACES WHERE VIOLATIONS OF REPUBLIC ACT 9211 OR THE
TOBACCO REGULATION ACT ARE MOST PREVALENT.
1.) Malls, Restaurants, Hotels and Bars
2.) Highways and Streets
3.) Public Markets, Churches, Schools
4.) Bus Station, Train Stations and Jeep Terminals
5.) All other Places.

THE LIST THAT FOLLOWS ENUMERATES THE THINGS TO CHECK.


1.) MALLS, RESTAURANTS, HOTELS AND BARS
a.) Is there a smoking area? __ Yes __ No
i.) If no, are there people smoking? __ Yes __ No
ii.) If yes, is the smoking area in __ an open space or __ in an enclosed place?
iii.) If the smoking area is in an open space, does the area have the required
SMOKING AREA signage? __ Yes __ No
iv.) If the smoking area is in enclosed place, is it located within the same area as
the non-smoking area? __ Yes __ No
v.) If the smoking area is an enclosed place, does the area have:
I.) the required SMOKING AREA signage? __ Yes __ No
II.) adequate ventilation? __ Yes __ No
III.) the required health warning in its signage? __ Yes __ No

b.) Is there a non-smoking area? __ Yes __ No


i.) Does the non-smoking area have the required No Smoking signage?
__ Yes __ No

c.) Are there tobacco advertisements? __ Yes __ No


i.) If yes, are these located inside the premises of point-of-sale establishments?
__ Yes __ No

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

f.) Is there a playground, school or facility frequented by minors nearby?


__ Yes __ No
i.) If yes, are there sellers of tobacco products within 100 meters of the perimeter
of the playground, school or facility frequented by minors? __ Yes __ No
ii.) Are there people smoking in the playground, school, or facility frequented by
minors? __Yes __ No

g.) Are there samples of tobacco products being distributed to minors?


__ Yes __ No

h.) Are tobacco products being sold to minors? __ Yes __ No


i.) Are there items such as SPORTS EQUIPMENT, TOYS, DOLLS, MINIATURE
REPLICAS OF RACING VEHICLES, VIDEO GAMES AND FOOD (marketed to or
likely to be used by minors) that have tobacco brand names, logos or other
indicia appearing on them being sold? __ Yes __ No

j.) Are tobacco promotions being directed to minors? __ Yes __ No


k.) Are there stalls, booths, and other displays concerning tobacco promotions?
__ Yes __ No
l.) Are there events sponsored by tobacco manufacturers being held? __ Yes __ No
m.) Are there tobacco advertisements placed on shopping bags? __ Yes __ No
n.) Are there people smoking in food preparation areas (areas where food or
beverage is actually being prepared)? __ Yes __ No

2.) HIGHWAYS AND STREETS

a.) Are there tobacco advertisements outdoors? __ Yes __ No


i.) If yes, are these located inside the premises of point-of-sale establishments?
__ Yes __ No
b.) Are there persons smoking on public conveyances? __ Yes __ No
c.) Are cigarettes and other tobacco products being sold to minors? __ Yes __ No
d.) Are there persons smoking in locations where fire hazards are present such as
gas stations, and storage areas for flammable LIQUIDS, GAS, EXPLOSIVES, OR
COMBUSTIBLE MATERIALS? __ Yes __ No

3.) PUBLIC MARKETS, CHURCHES AND SCHOOLS


a.) Are there tobacco advertisements outdoors? __ Yes __ No
i.) If yes, are these located inside the premises of point-of-sale establishments?
__ Yes __ No
[ 68 ] Republic Act 9211

b.) Is there a smoking area? __ Yes __ No


i.) If no, are there people smoking? __ Yes __ No
ii.) If yes, is the smoking area in __ an open space or __ in an enclosed place?
iii.) If the smoking area is in an open space, does the area have the required
SMOKING AREA signage? __ Yes __ No
iv.) If the smoking area is in enclosed place, is it located within the same area as
the non-smoking area? __ Yes __ No
v.) If the smoking area is an enclosed place, does the area have:
I.) the required SMOKING AREA signage? __ Yes __ No
II.) adequate ventilation? __ Yes __ No
III.) the required health warning in its signage? __ Yes __ No

c.) Is there a non-smoking area? __ Yes __ No


i.) Does the non-smoking area have the required No Smoking signage?
__ 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

4.) BUS STATIONS, TRAIN STATIONS AND JEEP TERMINALS


a.) Are there tobacco advertisements outdoors? __ Yes __ No
i.) If yes, are these located inside the premises of point-of-sale establishments?
__ Yes __ No

b.) Is there a smoking area? __ Yes __ No


i.) If no, are there people smoking? __ Yes __ No
ii.) If yes, is the smoking area in __ an open space or __ in an enclosed place?
iii.) If the smoking area is in an open space, does the area have the required
SMOKING AREA signage? __ Yes __ No
iv.) If the smoking area is in enclosed place, is it located within the same area as
the non-smoking area? __ Yes __ No
v.) If the smoking area is an enclosed place, does the area have:
I.) the required SMOKING AREA signage? __ Yes __ No
II.) adequate ventilation? __ Yes __ No
III.) the required health warning in its signage? __ Yes __ No

c.) Is there a non-smoking area? __ Yes __ No


i.) Does the non-smoking area have the required No Smoking signage?
__ Yes __ No
d.) Are there persons smoking on public conveyances? __ Yes __ No
e.) Are tobacco products being sold to minors? __ Yes __ No
Republic Act 9211 [ 69 ]
f.) Are there stalls, booths, and other displays concerning tobacco promotions?
__ Yes __ No

5.) ALL OTHER PLACES


a.) Are there persons smoking in the following places?
i.) Places with no designated smoking areas where a designated smoking area
is required __ Yes __No
ii.) Within the building and premises of : __ Yes __ No

A.) PUBLIC AND PRIVATE HOSPITALS


B.) MEDICAL, DENTAL, AND OPTICAL CLINICS
C.) HEALTH CENTERS
D.) NURSING HOMES
E.) DISPENSARIES
F.) LABORATORIES
b.) Are there tobacco advertisements outdoors? __ Yes __ No
i.) If yes, are these located inside the premises of point-of-sale establishments?
__ Yes __ No
[ 70 ] Republic Act 9211
Republic Act 9211 [ 71 ]

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