Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City
SIXTEENTH CONGRESS
2nd Regular Session
HOUSE BILL NO. 0505
Introduced by House Representative Ma. Lizette-anne C. Villaraza
(ASEAN Party List)

EXPLANATORY NOTE
WHEREAS, the Constitution provides that the State shall protect and promote
the right to health of the people and instill health consciousness among them;
WHEREAS, the State recognizes the vital role of the youth in nation building, and
it shall promote and develop their social, physical, spiritual, moral and intellectual
well being.
WHEREAS the Philippine Clean Air Act of 1999 (Republic Act No. 8749) declares
the right of every citizen to breathe clean inside enclosed public places including
public vehicles and other means of transport, and directs local government units
to implement this provision;
WHEREAS an increasing number of Filipinos die each year of smoking-related
diseases such as stroke, heart disease, and various cancers, among others;
WHEREAS, the pernicious effects of tobacco smoking on ones health are
indisputable and all efforts must be undertaken to protect people from said
harmful consequences;

WHEREAS, the Filipinos have been confronted by different problems related to

the use of cigarettes, especially the youth. The attribution to them of our nations
hope has been doubted by many at times for what we see are hopeless cases of
teenagers who are hooked by the false satisfaction that cigarettes have made
them;
WHEREAS, while smoking in itself is not unlawful as every consenting adult has
all the right to engage in it, without necessarily having to ask for permission nor
consent from concerned authorities, it can be the cause of the deterioration of the
health of others, the so called secondhand smoking;
WHEREAS, such alarming concern may already require legislative intervention
considering that three in every five Filipinos smoke and the future well-being of
our youth may already be at stake.
WHEREAS, the purpose of this bill is to promote a healthy lifestyle and promote
awareness among its citizens. Given the nature of smoking and also that
smokers, with their uncontrollable addiction, a law is needed to be able to try to
stop them at least once a year and reflect if smoking is really helping their case
as they cannot be expected to morally take it upon themselves to act responsibly.
HENCE, immediate enactment of this measure is earnestly sought, before it
becomes too late.

Hon. Ma. Lizette-anne C. Villaraza

Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
SIXTEENTH CONGRESS
Second Regular Session
House Bill No. 0505

Introduced by House Representative Ma. Lizette-anne C. Villaraza

(ASEAN Party List)

AN ACT DECLARING MAY 15 OF EVERY YEAR AS NATIONAL SMOKING

HAZARD HOLIDAY, A SPECIAL WORKING HOLIDAY, AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Title.

- This Act shall be known as National Smoking Hazard

Holiday
SECTION 2. Declaration of Policy. It is the policy of the State to protect the
populace from hazardous products and promote the right to health and instill
health consciousness among them. It is the policy of the State to promote and
safeguard the physical and intellectual well-being of its citizenry, particularly the
young people, from the dangerous and harmful effects of smoking, to protect the
health of the people as enshrined in our Constitution.

SECTION 3. Purpose. - It is the purpose of this Bill to safeguard public health

and ensure the well being of all its constituents by protecting them from the
harmful effects of smoking consumption.
SECTION 4. Special Working Holiday. May 15 of every year is hereby
declared as National Smoking Hazard Day, which shall be a special working
holiday, to be celebrated in all parts of the country. In the event that the holiday
falls on a weekend, the holiday shall be observed on the Monday of that week.
SECTION 5. Implementing Agency. The Department of Health shall ensure
the implementation for the National Smoking Hazard Holiday and shall make
activities/ campaigns that will inform the public of the million dangers that
smoking can cause. The Philippine National Police (PNP) is responsible for
arresting the violators.
SECTION 6. Coverage. This Bill shall apply to all persons, whether natural or
juridical, whether resident or not, and in all places, found within the territorial
jurisdiction.
SECTION 7. Definition of Terms. - As used in this Bill, the terms below shall
have the meanings ascribed to them in this section. Any words or terms not
defined shall be given their plain and customary meanings, unless the context
requires otherwise, and shall be interpreted in a manner consistent with the
purpose and spirit of this Ordinance.
a. Second-hand smoke means the smoke emitted from the burning end
of a cigarette or from other tobacco products usually in combination
with the smoke exhaled by the smoker
b. Smoking means being in possession or control of a lit tobacco product
regardless of whether the smoke is being actively inhaled or exhaled.
c. Workplace means any place used by people during their employment
or work, whether done for compensation or voluntarily, including all

attached or associated places commonly used by the workers in the

course of their work (for example, corridors, elevators, stairwells,
toilets, lobbies, lounges). Vehicles used in the course of work are
considered workplaces.
d. Public places means all places, fixed or mobile, that are accessible or
open to the public or places for collective use, regardless of ownership
or right to access, including, but not limited to, establishments that
provide food and drinks, accommodation, merchandise, professional
services, entertainment or other services. It also includes outdoor
spaces where facilities are available for the public or where a crowd of
people would gather, such as, but not limited to, playgrounds, sports
grounds or centers, church grounds, health/hospital compounds,
transportation terminals, markets, parks, resorts, walkways, entrance
ways, waiting areas, and the like.
e. Department of Health (DOH) is the executive department of the
Philippine government responsible for ensuring access to basic public
health services by all Filipinos through the provision of quality health
care and the regulation of all health services and products. It is the
government's over-all technical authority on health. [2] It has its
headquarters at the San Lazaro Compound, along Rizal Avenue in
Manila.
f. Philippine National Police (PNP) is the armed civilian national police
force of the Philippines.
SECTION 8. Prohibited Acts. The following acts are declared unlawful and
prohibited by this Ordinance:
a. Smoking in enclosed or partially enclosed public places, workplaces,
public conveyances, or other public places, as defined in Section 4

b. Establishments knowingly consenting smoking in their place of

business
c. Selling or distributing tobacco products on the said day
Persons-in-charge shall be held similarly liable for the above acts if they are
found to have allowed, abetted, or tolerated the same.
SECTION 9. Duties and Obligations of Persons-in-Charge. Persons in
charge shall:
a. Establish internal procedure and measures through which this Bill shall
be implemented and enforced within the area of which he or she is in
charge, including, but not limited to, warning violators and requesting them
to stop smoking, and if they refuse to comply, bring them to the nearest
Police station.
b. Ensure that the citizens in each city/municipality/district are aware of
this Bill and the procedure and measures for implementing and enforcing
it.
c. Prominently post and display No Smoking signages in the locations
most visible to the public, including vehicles. At the very least, a No
Smoking sign must be posted at the entrance to the area. The No
Smoking sign shall be at least 8 x 16 inches in size and the international
No Smoking symbol shall occupy no less than 70% of the signage. The
remaining lower 30% of the signage shall show the following information:
STRICTLY NO SMOKING
as per BILL NO. _________
Violators can be fined up to P_____
Report violations to ____________ [hotline number optional]

SECTION 10. Duties and Responsibilities of the Task Force. Other than
(1) receiving, reviewing and processing reports of and complaints for violations of
this Bill and (2) deputizing enforcers, the Task Force shall have the following
respective duties and responsibilities:
1) The Department of Health officer shall:
a) Issue official Citation Tickets to the enforcers
b) Serve as the overall coordinator among all the offices involved
in the implementation of this Bill
c) Act as agent of the Treasurer in collecting and receiving fines
paid by violator
2) The Health Education and Promotion Officer shall:
a) Develop

and

produce

information,

education

and

communication materials on the harms of second-hand smoke

as well as on the provisions of this Bill
b) Encourage constituents of the [LGU] to monitor and report
violations of this Ordinance
c) Assist the Health Officer in developing and promoting a smoking
cessation program
3) The Legal Officer shall:
a) Assist the Health Office in reviewing reports of and complaints for
violations of this Ordinance and in determining liability
4) The PNP Representative shall:
a) Apprehend violators in accordance with the provisions of this
Ordinance

b) Assist officials and deputized civilians in apprehending violators

and in filing the appropriate complaints
SECTION 11. Persons Liable. The following persons shall be liable under
this Bill:
a. Any person who commits any of the prohibited acts stated in Section 5
hereof
b. Persons-in-charge who knowingly allow, abet, or tolerate the prohibited
acts enumerated in Section 5, or who otherwise fail to fulfill the duties and
obligations enumerated in Section 6 hereof
SECTION 12. Penalties. The following penalties shall be imposed on violators
of this Bill:
a. Violation of Sec. 5
i. First Offense

P 5,000

ii. Second Offense

P 10,000

iii. Third and Subsequent Offenses

P 15,000
or

imprisonment

period

not

for

exceeding

_____, or both at the

discretion of the court
b. Violation of Sec. 5 (b)
i. Suspension of License. The license to operate of any establishment
or of any

public conveyance covered by this Bill shall be suspended

for at least one (1) week but not more than one (1) month.

c. Community Service. If a violator is unable to pay the fines imposed, he

or

she

may

choose

to

render

community

service

to

the

[province/city/municipality]. For every hour of community service rendered,

his outstanding fine shall be reduced by an amount equivalent to triple the
hourly minimum wage of the [province/city/municipality].
SECTION 13. Citation Ticket System. Violators of this Bill shall be informed
of their violation and the penalty associated with such violation by means of a
Citation Ticket System with the following guidelines:
1. Official booklets of Citation Tickets shall be issued by the Department of
Health (DOH) to duly authorized enforcers within ninety (90) calendar
days of the effectivity of this Bill.
2. A Citation Ticket shall be issued to the person/s liable for any violation of
this Ordinance upon finding of the violation by duly authorized enforcers.
3. A Citation Ticket shall contain the following information:
i.) a checklist of the violations under this Ordinance
ii.) the fines associated with each violation
iii.) due date for compliance with the obligations imposed by the ticket
4. When a Citation Ticket is issued to a violator, the violator shall report to
the nearest Police station within three (3) regular business days after such
issuance, where he or she shall either pay the fine imposed or render
community service under Section 8 (e) hereof.
5. The Police station shall keep a duplicate of all Citation Tickets issued to
violators as well as all other records of violations of this Ordinance.

SECTION 14. Information Dissemination. Within sixty (60) calendar days of

the effectivity of this Bill, the Department of Health shall:
a. In coordination with the PNP:
i. provide at least two (2) copies of this Bill to every PNP station or
precinct in all cities/municipalities/province
ii. provide a primer on this Bill for every member of the PNP
member; and
iii. conduct lectures to brief members of the PNP members of the
provisions of this Bill and of their responsibilities with respect to its
enforcement.
c. In coordination with the Permits and Licenses Office, give a copy of
this Bill and its primer to all existing establishments that are licensed to
operate and open to the public, as well as to those applying for a new
license to operate.
SECTION 15. Public Billboards, Notices in Cities, Municipalities and
Provinces. Upon effectivity of this Bill, the Engineers Office shall put up
billboards in conspicuous places to notify the public of the restrictions and
sanctions imposed by the ordinance. The Information Office shall also
immediately issue for dissemination regarding the obligations of persons under
the ordinance.
SECTION 16. Separability Clause. If any provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions hereof.

SECTION 17. Repealing Clause. All laws, decrees, orders and issuances or
portions thereof which are inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.
SECTION 18. Effectivity Clause. This Act shall take effect fifteen (15) days
following its publication in at least two (2) national newspapers of general
circulation.
Approved,
Hon. Ma. Lizette-anne C. Villaraza