Lungao, Louie K.

RA 9211- The Tobacco Regulation Act of 2003

Fun Facts: Did you know that there are 1.1 billion smokers in the world today and if current

rends continue the umber is expected to increase 1.6 billion by the year 2025. In the Philippines,

there are 87000 Filipinos die daily due to smoking-related diseases.

To start with, what is TOBACCO? It is the only LEGAL product that, when used according to

the manufacturers instructions, surely kills half of the people who use it. Tobacco smoke contains

more than 7,000 chemicals, more than 50 known or suspected carcinogens, and many potent

irritants.

Young people are the predominant users of tobacco products nowadays, which is

considered very alarming. Youth smoking is drastically increasing every day; however it can be

possibly constrained by the formation of strong and effective measures and policies. One of the

legal basis applicable in the Philippines is RA 9211, the Tobacco Regulation Act of 2003. The

Philippines is a signatory of the Protocol to Eliminate Illicit Trade in Tobacco Products of the World

Health Organization (WHO) Framework Convention on Tobacco Control.

Republic Act 9211, or the Tobacco Regulation Act of 2003 is the first comprehensive

national legislation on tobacco control, enacted on June 23, 2003 under the administration of

Former. Pres. Gloria Macapagal Arroyo. RA 9211 is an omnibus law regulating smoking in public

places, tobacco advertising, promotion and sponsorship, and sales restrictions, among other

requirements. RA 9211 makes it unlawful for any person under the age of 18 years to purchase,

sell or smoke tobacco product. Yet a survey conducted by the Department of Health revealed that

children as young as five years old are already starting to smoke.

RA 9211 establishes regulation for tobacco packaging, use (smoke-free public spaces),

sale, distribution, and advertisement. RA 9211 also mandates the establishment of the Inter-

Agency Committee- Tobacco (IAC-T) to implement the provisions of the act. The IAC-T is the focal

point for tobacco control in the Philippines, and is therefore responsible for implementing,

enforcing, and monitoring RA 9211. It is specified in RA 9211 that the Department of Trade and

Industry (DTI) will serve as chair of the IAC-T and the Secretary of the Department of Health
(DOH) will serve as vice-chair. Six other departments are represented on the committee along with

a representative from the tobacco industry to be nominated by the legitimate and recognized

associations of the industry and one representative from civil society nominated by the DOH. They

are the:

a. Secretary of the Department of Agriculture (DA);

b. Secretary of the Department of Justice (DOJ); y

c. Secretary of the Department of Environment and Natural Resources (DENR);

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

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

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

g. A representative from the Tobacco Industry to be nominated by the legitimate and recognized

associations of the industry; and

h. A representative from a non-government organization (NGO) involved in public health promotion

nominated by DOH in consultation with the concerned NGO's;

The IAC-T produced a Memorandum in 2008 establishing Pilot Agencies for the

monitoring and enforcement of RA 9211. This Memorandum delegates responsibility and

essentially divides the monitoring and enforcement of RA 9211 between DTI and DOH.

DTI is responsible for Access Restrictions including issues such as minimum age sales, proof of

age verification, and sale of tobacco products within school perimeters while DOH is responsible

for the administration of Healthful Environment (e.g., smoking bans in public places) and

Advertising and Promotions (e.g., warnings on cigarette packages, restrictions on advertising and

promotions).

The absolute smoking ban applies to the following public places:

centers of youth activity such as schools, preparatory schools, elementary schools, high

schools, colleges and universities, youth hostels and recreational facilities for person under

18

elevators and stairwells

 locations in which fire hazards are present, including gas stations and storage areas for

flammable liquids, gas, explosives or combustible materials within the buildings and

premises of public and private hospitals, medical, dental and optical clinics, health centers,

nursing homes, dispensaries and laboratories

public conveyances and public facilities including airport and ship terminals and train and

bus stations, restaurants and conference halls, except for separate smoking areas.

food preparation areas(Section 5)

Section 6 of the Act refers to areas where smoking is not absolutely prohibited.

Nevertheless, owners/proprietors/administrators of such places are required to designate

smoking/non- smoking areas:

all enclosed spaces open to the general public;

private workplaces; and

other places not covered under Section 5 where non-smokers may be exposed to tobacco

smoke

Penalty for smoking in places where smoking is absolutely prohibited (Sec. 32): 1st offense:

Php 500 - Php 1,000;

2nd offense: Php 1,000 - Php 5,000;

3rd offense: Php 5,000 - Php 10,000 and cancellation/revocation of franchise or business

permit.

(RA 9211 did not provide community services as an alternative penalty.)

Although smoking is banned on public places, there are still smokers who do not abide by
the law as we could still see countless people who smoke anywhere they want; therefore there
should be a stricter smoking ban on public places in which law o enders would be subjected to a
heavy penalization.

Issues:

In 2010, the Department of Health issued and administrative order requiring the inclusion of

graphic warning labels on packs and prohibiting the use of misleading descrptors such as mild
and light on tobacco product packaging and labels. In response, the tobacco companies filed five

cases against the DOH questioning its authority.

In June 2014, a legislative committee composed of senators and congressmen passed a

bill compelling cigarette a manufacturers to print pictures and illustration that warn about the

dangers of smoking on cigarette packs.

Philippines was the 15th largest consumer of tobacco in the world and currently the no. 1

Southeast Asia according.

Policymakers are often in opposition to raising tobacco taxes because they think that it

would have a negative effect on our economy, specially the reduction of government revenues (Jha

& Chaloupka, 1999). In fact, in the short to medium run, government tax revenues would increase

because cigarette demands in some ways are inelastic even though increase in prices would make

cigarette consumption lesser; the fall in the demand for tobacco products is of only a smaller

percentage than the increase in prices (Jha & Chaloupka, 1999). An example internationally is in

the United Kingdom, taxes for tobacco was increased repetitively which made consumption

decrease, nevertheless their government revenues still increases. (Jha & Chaloupka, 1999).