THE National Police Commission has ordered the Philippine National Police to strictly enforce the nationwide smoking ban in public places and conveyances.
Lawyer Rogelio Casurao, Napolcom vice chairman and executive office, issued Memorandum Circular 2017-003 directing PNP personnel to apprehend violators of Executive Order 26 approved by President Rodrigo Duterte on May 16, 2017.
Casurao said the directive enjoined the members of the PNP, together with the Smoke-Free Task Force under the city and municipal governments, to strictly carry out the provisions of E.O. 26 including the apprehension of violators and the institution of criminal proceedings for violations, in accordance with relevant laws, rules and regulations, and in observance of due process.
“With 10 Filipinos dying prematurely from tobacco-related diseases every hour according to the World Health Organization, the Napolcom sternly calls for the cooperation of the police and the local government units to take firm action against violators who endanger and neglect the right of every citizen to breathe clean air,” Casurao said.
E.O. 26 is a reinforcement of Republic Act No. 9211, also known as Tobacco Regulation Act of 2003, which prohibits smoking in certain public places and the purchase and sale of cigarettes and other tobacco products to and by minors, and in certain places frequented by minors.
Under the law, the penalty for:
• Smoking in prohibited places and for violation of DSA (designated smoking area) standards:
-First offense: a fine of P500.00 – P1, 000.00;
-Second offense: a fine of P1, 000.00 – P5, 000.00;
-Third offense: a fine of P5,000.00 – P10, 000.00 and revocation of the business permits and licenses to operate.
• Selling or distributing to/ buying from minors; selling of tobacco products within 100 meters from any point of the perimeter of schools, playgrounds, and other facilities frequented particularly by minors; and failing to properly post signage required in point-of-sale establishments offering, distributing, or selling tobacco products:
• Fine of at least P5,000.00 or imprisonment of maximum of 30 days and at the court’s discretion, revocation of business licenses or permits in the case of business entity or establishment.
• Violation of advertising and promotion of tobacco products:
-First offense: a fine of not more than P100,000.00 or imprisonment of not more than one year, or both;
-Second offense: a fine of P200,000.00 or imprisonment of not more than two years, or both;
-Third offense: in addition to a fine of not more than P400,000.00 or imprisonment of not more than three years, or both, the business permits and licenses, in the case of a business entity or establishment, shall be revoked or canceled.
Recent study made by the World Health Organization revealed that smoking killed more than seven million people a year worldwide.
WHO said more than six million of those deaths were the result of direct tobacco use while around 890, 000 were the result of non-smokers being exposed to second-hand smoke.
It reported that tobacco use was the leading cause of death, illness and impoverishment worldwide.
“Nearly 80 percent of the more than one-billion smokers worldwide live in low- and middle-income countries, where the burden of tobacco-related illness and death is heaviest. Tobacco users who die prematurely deprive their families of income, raise the cost of health care and hinder economic development,” the organization stated.
WHO also said in some countries, children from poor households were frequently employed in tobacco farming to provide family income.
These children are especially vulnerable to “green tobacco sickness,” which is caused by the nicotine absorbed through the skin from the handling of wet tobacco leaves.