Read this before you light a stick

For those who are not aware yet, the smoking ban covers not only the city of Makati, but the entire Philippines. This is in accordance with Republic Act No. 9211 which was signed into law last June by President Gloria Macapagal-Arroyo.

Although the Implementing Rules and Regulations on the smoking ban are still being worked out by the Department of Justice, Department of Health and other government agencies, the law is already in effect.

Last Tuesday, I asked the bill’s co-author, Sen. Loren Legarda(Sen. Juan Flavier is the principal sponsor) to talk about the anti-smoking law. Below is the conclusion of my interview regarding this issue with Senator Legarda.

What will become of our tobacco industry?

I honestly think there might be some effects on our tobacco industry but these are tolerable and insignificant because the law does not prohibit the use, sale, and advertisement of tobacco products but regulates them to promote a healthy environment and citizenry.

During the debates, it was proposed that the manufacturers can actually explore other agricultural/industrial activities that would help protect their interests, so as not to allow the tobacco industry to become a "dying industry."

Was there a point you thought this law would never be passed anymore?

No. I think it may take some time depending on the political situation, but the law regulating the use, sale and advertisements of tobacco products will have to be enacted due to its importance.

What are the places where smoking is prohibited?

Under Section 5 of RA 9211 or the Tobacco Regulation Act of 2003, smoking is absolutely prohibited in the following public places:

a. Centers of youth activity such as playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels and recreational facilities for persons under 18 years old.

b. Elevators and stairways.

c. Locations in which fire hazards are present, including gas stations, and storage areas for flammable liquids, gas, explosives or combustible materials.

d. Within buildings and premises of public and private hospitals, medical, dental, and optical clinics, health centers, nursing homes, dispensaries and laboratories.

e. Public conveyances and public facilities including airport and ship terminals and train and bus stations, restaurants and conference halls, except for separate smoking areas.

f. Food preparation areas.

To this day, people have this notion that the smoking ban is only in Makati. Why is this so?

Aside from the fact that Makati is composed mostly of business and commercial districts, this area might be stricter on apprehending violators. I was informed that the city government deputized certain sectors of their constituency to help them implement no-smoking in public places where smoking may expose a person other than the smoker to tobacco smoke.

This week, I went to an air-conditioned restaurant in Pasig and saw somebody smoking who turned out to be the owner. What should I have done?

As a concerned citizen, you may approach the owner and inform him of a provision of the new law, RA 9211, which states that smoking is absolutely prohibited in public conveyances and public facilities including restaurants. Under the penal provisions of the law, the following penalties shall apply:

• On the first offense – Fine not less than P500 but not more than P1,000

• On the second offense – Fine not less than P1,000 but not more tan P5,000 shall be imposed

• On the third offense – Fine not less than P5,000 but not more than P10,000 and the cancellation or revocation of business permits and licenses to operate

I was informed that the Inter-Agency Committee created under the law composed of the Secretaries of Trade and Industry as Chairman with the Secretary of Health as Vice Chairman with the Secretaries of Agriculture, Justice, Finance, Environment and Natural Resources, Science and Technology, representatives of the tobacco industry and an NGO involved in public health, as members, has yet to finalize the implementing rules and regulations to clearly define the details on how this law shall be enacted.

When I go to Megamall, I still see a lot of people smoking everywhere. What should I do?

As a concerned citizen, you may inform the Megamall management that smoking is absolutely prohibited under RA 9211 in recreational facilities for persons under 18 years old, elevators and stairwells, locations in which fire hazards are present, restaurants, conference hall, food preparation areas, all of which are found inside a mall. Also, in all enclosed places open to the general public 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. As a responsible business entity, they must comply with the law not only out of fear of being penalized, but because they have a responsibility to promote the health and well-being of their customers and the public they serve.

If a person smokes inside a restaurant, who gets punished, the smoker or the restaurant-owner? What about in a mall? What is the punishment? Can you apply citizen’s arrest in this case?

Under the provisions of the law, it is the smoker who is fined for every offense made. Cases where the owner, possessor, proprietor, operator, manager or administrator may be penalized are when they fail to establish a smoking and non-smoking area in enclosed places that are open to the general public, private workplace and other places, when they sell or distribute or purchase tobacco products to minors, when they fail to provide warnings on cigarette packages in which tobacco products are held and include warnings in advertising tobacco products in mass media, and when they fail to comply with the restrictions on advertising, ban on tobacco advertisements, restrictions on tobacco promotions, restrictions on sponsorships, ban on sponsorships and restrictions on sampling.

Just for clarification, some people think that you cannot even smoke inside your own private vehicle. Is this true?

Smoking inside one’s private vehicle is not prohibited under RA 9211. But this may not be the case with regard to minors, as it shall be unlawful for a minor to smoke cigarettes or any other tobacco products. If a minor is caught selling, buying of smoking cigarettes or any other tobacco products, the provisions of Article 189 of the Child and Youth Welfare Code, as amended, shall apply.

As politicians, aren’t you afraid of losing smokers vote in the coming election?

In my five years as a senator and part of the government, I have learned that in adhering to my mandate as a public servant and as dictated of my conscience and virtues, there will be times that I will have to take the road less traveled, that I will have to risk getting the ire of some of my supporters. But I have faith in the Filipino people, in their desire to see our country progress and develop through good governance and transparent leaders, in their goal of electing individuals who will govern the affairs of the State without personal interests and bias. I know that in the end, they will come to recognize the wisdom behind our actions and realize that we only have their best interests in mind, not only the short-term but also more importantly, the long-term positive results.