Irr Ra 9211 PDF

[i] Republic Act 9211
TABLE OF CONTENTS
PART I – PRELIMINARY MATTERS

1. INTRODUCTION .................................. 01
2. OVERVIEW OF THE MANUAL .................................. 02
3. SMOKING PREVALENCE IN THE PHILIPPINES .................................. 03
3.1. What are tobacco products?
3.2. What are the effects of smoking?
3.3. How many are affected by tobacco smoking in the Philippines?
3.4. How much do Filipinos spend for tobacco use?
4. TOBACCO INDUSTRY IN THE PHILIPPINES .................................. 06

4.1. Who are the cigarette manufacturers operating in the Philippines?
4.2. How many stores in the Philippines sell cigarettes?
4.3. What is the impact of the tobacco industry on the Philippine
economy?
5. TOBACCO CONTROL IN THE PHILIPPINES .................................. 07

5.1. What national tobacco control initiatives were made
leading to RA 9211?
5.2. What national agencies are involved in the implementation
of RA 9211?
PART II – TOBACCO-RELATED OFFENSES

A. SMOKE-FREE .................................. 13
1. SMOKING IN PUBLIC PLACES (SEC. 5, RA 9211) .................................. 13

1.1. What does the law provide?
1.2. What are the elements of the violation?
1.3. How do you prove the violation?
1.4. What is the penalty for the violation?
1.5. What are examples of local ordinances that penalize
smoking in absolutely smoke-free places?
1.5.1. Quezon City
1.5.2. Makati City/Mandaluyong
1.5.3. Manila City
1.5.4. Pasig City
Republic Act 9211 [ ii ]
2. VIOLATION OF RULE ON DESIGNATED SMOKING

AND NON-SMOKING AREAS (SEC. 6, RA 9211) .................................. 25
2.5. What are examples of local ordinances that require
establishment of designated smoking areas?
2.5.1. Quezon City
2.5.2. Makati City/Mandaluyong City
2.5.3. Manila City
2.5.4. Pasig City
3. SALE TO MINORS VIA SELF-SERVICE FACILITIES

(SEC. 7, RA 9211) .................................. 42
4. VIOLATION OF MINIMUM AGE SALES (SEC. 9, RA 9211) ................ 44

4.1. Sale or distribution of tobacco products to minors
by any retailer
4.2. Purchase of cigarettes or any tobacco product
from a minor
4.3. Sale of cigarettes or any tobacco product by a minor
4.4. Purchase of cigarettes or any tobacco product by a minor
4.5. Smoking of cigarettes or any tobacco product by a minor
4.6. What is the penalty for any minimum age sales offense?
4.7. What are examples of local ordinances that regulate the
sale/purchase of tobacco products to/from minors?
4.7.1. Quezon City
4.7.2. Makati City
4.7.3. Manila City
4.7.4. Marikina City
5. SALE OF TOBACCO WITHIN SCHOOL PREMISES (SEC. 10, RA 9211)

.................................. 59
C. HEALTH WARNINGS .................................. 62
D. ADVERTISING, PROMOTIONS AND SPONSORSHIPS ............................... 67
7. NON-COMPLIANCE WITH ADVERTISEMENT REQUIREMENTS

(SEC. 14, RA 9211) .................................. 68
7.1. Mass media, in general
7.2. Print and outdoor advertisement
7.3. Cinema and television advertisement
7.4. Radio advertisement
[ iii ] Republic Act 9211
8. VIOLATION OF RESTRICTIONS ON ADVERTISING IN AUDIO, VIDEO AND

COMPUTER CASSETTES/DISCS AND SIMILAR MEDIUM (Sec. 20, RA
9211) .................................. 74
9. VIOLATION OF RESTRICTION ON ADVERTISING ON THE INTERNET (Sec. 21,

RA 9211) .................................. 77
10. ADVERTISEMENT BANS (SEC. 22, RA 9211) .................................. 80

10.1. What forms of advertising have been banned?
10.2. What do “advertisement” and “advertising” mean?
10.3. Mass media advertising
10.4. Cinema advertising
10.5. Outdoor advertising
10.6. What is the penalty for violating the ban
on tobacco advertising?
11. RESTRICTIONS ON TOBACCO PROMOTIONS

(SEC. 23, RA 9211) .................................. 87
11.1. Target Market and Participants
11.2. Communications to Consumers
11.3. Points-of-Sale
11.4. Telephone Communications
11.5. Placement of Props in Visual Media
11.6. Cigarette Brands on Smoking Related Paraphernalia
11.7. Cigarette Brands on Merchandise
11.8. Cigarette Brands on Products for Minors
11.9. Advertisements on Shopping Bags
12. VIOLATION OF RESTRICTIONS ON NAMING RIGHTS

(SEC. 24, RA 9211) .................................. 106
12.1. Agreement with manufacturer and sports team
12.2. Naming an arena or stadium with a tobacco brand.
13. TOBACCO SPONSORSHIP (SEC. 26, RA 9211) .................................. 109

13.1. Violation of the sponsorship ban
13.2. Registration of tobacco brand name as company name
14. VIOLATION OF SAMPLING RESTRICTIONS

(SEC. 27, RA 9211) .................................. 114
Republic Act 9211 [ iv ]
PART III – IMPLEMENTATION

A. IMPLEMENTATION AT THE NATIONAL LEVEL
1. APPLICATION OF RA 9211 .................................. 118

2. IMPLEMENTORS OF RA 9211 .................................. 118
3. INTER AGENCY COMMITTEE-TOBACCO (IAC-TOBACCO) .....................119
4. OFFENDERS UNDER RA 9211 .................................. 120
5. ACTION UPON DISCOVERY OF A CRIME UNDER RA 9211 .................. 121
5.1. Procedure for the issuance of a warrant of arrest
5.2. Procedure for making an arrest
6. LEGAL ACTIONS AND REMEDIES AGAINST OFFENDERS .................... 122
7. MONITORING AND ENFORCEMENT GUIDELINES (MEG) .................... 125

7.1. Purpose of MEG
7.2. Powers and responsibilities of the IAC-Tobacco under MEG
8. CRIMINAL ACTION .................................. 127

8.1. Who can institute criminal action?
8.2. Procedure for institution of criminal action
8.3. Steps when action initiated by mayor or PNP
8.4. Steps when crime discovered by IAC-Tobacco employee
8.5. Steps when crime discovered by any other person
9. CIVIL REMEDIES AGAINST VIOLATORS OF RA 9211 ........................... 138
10. ADMINISTRATIVE REMEDIES AGAINST VIOLATORS OF RA 9211 ..... 139
B. IMPLEMENTATION AT THE LOCAL LEVEL
1. INTRODUCTION: NATIONAL LAW VS. LOCAL LAW .............................. 140
2. MAKATI CITY .................................. 141

2.1. Profile of Implementation in Makati City
2.2. Steps in proceeding against individuals
2.3. Steps in proceeding against establishments
2.4. Enforcement Flowchart
3. MANDALUYONG CITY .................................. 147

3.1. Profile of Implementation in Mandaluyong City
[v] Republic Act 9211

4. MANILA CITY .................................. 153

4.1. Profile of Implementation in Manila City
5. MARIKINA CITY .................................. 158

5.1. Profile of Implementation in Marikina City
6. PASIG CITY .................................. 162

6.1. Profile of Implementation in Pasig City
7. QUEZON CITY .................................. 166

7.1. Profile of Implementation in Quezon City
APPENDIX
1. FORM A: COMPLAINT INITIATED BY PNP .................................. 171
2. FORM B: FORMAL CHARGE BY THE CITY MAYOR, BUILDING
OFFICIAL OR MEMBER OF THE PNP .................................. 172
3. SAMPLE LETTER TO MAYOR/CONCERNED LOCAL
GOVERNMENT OFFICIAL .................................. 173
4. SAMPLE FOLLOW-UP LETTER .................................. 174
5. LETTER OF APPRECIATION .................................. 175
Republic Act 9211 [ vi ]
PART I – PRELIMINARY MATTERS

1. INTRODUCTION
2. OVERVIEW OF THE MANUAL
3. SMOKING PREVALENCE IN THE PHILIPPINES

3.1. What are tobacco products?
3.3. How many are affected by tobacco smoking
in the Philippines?
4. TOBACCO INDUSTRY IN THE PHILIPPINES

4.1. Who are the cigarette manufacturers operating
in the Philippines?
4.3. What is the impact of the tobacco industry on the
Philippine Economy?
5. TOBACCO CONTROL IN THE PHILIPPINES

5.1. What national tobacco control initiatives were made
leading to RA 9211?
5.2. What national agencies are involved in the implementation
of RA 9211?
[ 01 ] Republic Act 9211
1. INTRODUCTION
Tobacco smoking is an epidemic that kills ten (10) Filipinos every hour. It is
the number one cause of preventable deaths worldwide, more than AIDS,
accidents, drugs, fire and homicides combined.
Cigarette smoking has a wide range of effects. It causes heart disease,

aneurysms, bronchitis, emphysema, and stroke, and makes pneumonia and
asthma worse. Moreover, it not only affects the smoker, but secondhand and
thirdhand smokers as well.
In the Philippines, Republic Act No. 9211, the Tobacco Regulation Act of 2003
(hereinafter referred to as “RA 9211”), was enacted on June 23, 2003 as the first
comprehensive national legislation on tobacco control. Among the main thrusts
of the law is the promotion of a healthful environment, the dissemination of
information regarding the health risks associated with tobacco use, and the
regulation and subsequent ban of all tobacco advertisements and sponsorships.1
It also aims to regulate the labeling of tobacco products, and to protect the
youth from starting a life-long addiction of tobacco use by prohibiting the sale
of tobacco products to minors.2 At the same time, recognizing the interest of
tobacco farmers, growers, workers and stakeholders, the law seeks to assist and
encourage Filipino tobacco farmers to cultivate alternative crops in order to
prevent economic dislocation.3
RA 9211 is divided into four policies: (1) smoke-free,4 (2) minors,5 (3) health
warnings,6 and advertising, promotions, and sponsorships.7 Smoke-free
policies include which places are absolutely smoke-free zones, and places
which are required to have designated smoking and non-smoking areas. Minors
include the prohibition on the sale to or from minors. Health Warnings relate
to the mandatory printed warnings on cigarette packages. Lastly, advertising,
promotions, and sponsorships include the restrictions on the various mediums
of tobacco promotions, advertising, and sponsorships.
Notably, despite the enactment of RA 9211 in 2003, smoking prevalence

remains high, with smokers comprising more than one-third (1/3) of the ninety-
1 Rep. Act No. 9211 (2003), Sec. 3 (a),(b),(c).

2 Rep. Act No. 9211 (2003), Sec. 3 (d),(e).
3 Rep. Act No. 9211 (2003), Sec. 3 (f ).
4 Rep. Act No. 9211 (2003), Secs. 5 & 6.
5 Rep. Act No. 9211 (2003), Secs. 7-12.
6 Rep. Act No. 9211 (2003), Sec. 13.
7 Rep. Act No. 9211 (2003), Secs. 14-27.
Republic Act 9211 [ 02 ]
million Philippine population.8 That translates to more than thirty (30) million
Filipinos who will suffer debilitating diseases caused by tobacco. According to
the National Statistics Office website, the population of the Philippines as of
August 2007 is 88,57 million.9
It is clear that the full and proper implementation of RA 9211 is needed. This
manual seeks to aid in meeting that goal by providing simple, feasible, and
practical guidelines in enforcing RA 9211 and local ordinances on tobacco
control, and providing coherence and structure to the various methods that
may be used to implement the law. In particular, this manual also provides
the user with information on ordinance implementation in the following cities:
Quezon, Manila, Makati, Mandaluyong, Pasig, and Marikina.
2. OVERVIEW OF THE MANUAL

This manual is intended for tobacco enforcers and tobacco advocates. Hence,
this manual is not limited to a discussion of the implementation of the law, but
also a discussion on how six local government units in Metro Manila enforce
and implement their smoking ordinances. These local government units are
Makati, Mandaluyong, Manila, Marikina, Pasig and Quezon Cities. Hence, the
manual has been divided into three parts:
1. Introduction. This part provides a brief background of tobacco in the

Philippines: its use, industry, and the history of the Tobacco Regulation
Act of 2003 (RA 9211).
2. Tobacco-related offenses. This part is divided according to the different

offenses that may be committed by individuals or establishments. A
discussion on the legal bases, elements, evidence needed to prove the
violation, and penalty meted out to the violator is made. The offenses
have been outlined following that of RA 9211, and are divided according
to four categories: smoke-free, minors, health warnings, and advertising,
promotions, and sponsorships. Acts which are punishable under a local
ordinance are inserted under the relevant section.
8 Petition by Framework Convention On Tobacco Control Alliance Philippines (FCAP) entitled “An Urgent
Appeal to Her Excellency, Gloria Macapagal-Arroyo: STOP THE KILLER IN OUR MIDST”, published in the
Philippine Daily Inquirer and Manila Bulletin on June 17, 2001 and the Philippine Star, People’s Journal, and
Abante on June 18, 2001.
9 < http://www.census.gov.ph>
3. Implementation. A separate chapter was provided for the enforcement

procedure in order to provide a clearer view of the overall process. The
procedures for various stages of enforcement are included, such as arrest
and the institution of a criminal action. A section is also provided for the
procedure to apply in certain cities in Metro Manila.
This manual aims to be as practical and comprehensive as possible. As to

the enforcement, procedure, guidelines and flowcharts; local enforcement
officers were consulted. The manual aims to serve as (1) a guide for trainors,
and (2) a reference book for issues on the implementation of tobacco control.
Included in the Appendix are the necessary forms and letters needed for the
implementation of RA 9211 and/or the pertinent laws on tobacco control.
3. SMOKING PREVALENCE
IN THE PHILIPPINES
3.1 What are tobacco products?
Aside from regular cigarettes, the following are also tobacco products:
• Spit tobacco or smokeless tobacco - Spit tobacco, also known
as smokeless tobacco, is tobacco that is placed inside the mouth.
• Cigars, cigarillos, and pipe tobacco;
• Bidis – These are thin cigarettes of tobacco wrapped in leaves
and tied with colourful strings; and
• Kreteks or clove and other herbal cigarettes.10
First hand smoking

Cigarette smoking is a major cause of the following cancers: lung, voice box
(larynx), mouth (oral cavity), throat (pharynx), bladder, the swallowing tube
connected to the stomach (esophagus), Smoking is also linked to the following
cancers: pancreas, cervix, kidney, stomach, some leukemias. Only about half of
the deaths related to smoking are from cancer. Smoking is also a major cause
of heart disease, aneurysms, bronchitis, emphysema, and stroke, and it makes
pneumonia and asthma worse.
10
British Columbia Health Link, The Harmful Effects of Tobacco Products. Available online at <http://
www.healthlinkbc.ca/healthfiles/hfile30d.stm> (last accessed:February 19, 2009).
Using tobacco can damage a woman’s reproductive health and hurt babies.
Tobacco use is linked with reduced fertility and a higher risk of miscarriage,
early delivery (premature birth), stillbirth, infant death, and is a cause of low
birth-weight in infants. It has also been linked to sudden infant death syndrome
(SIDS).
Smoking has been linked to other health problems, too, including gum disease,
cataracts, bone thinning, hip fractures, and peptic ulcers. It is also linked to
macular degeneration, an eye disease that can cause blindness.
Smoking can cause or worsen poor blood flow in the arms and legs (peripheral
vascular disease or PVD.) Even worse, surgery that aims to improve the blood
flow often doesn’t work in people who keep smoking. Because of this, many
surgeons who work on blood vessels (vascular surgeons) won’t do certain
surgeries on patients with PVD unless they stop smoking. Studies looking at
male smokers have found that they are more likely to have sexual impotence
(erectile dysfunction) the longer they smoke, which may be due to the problem
with blood flow. 11
Second hand smoking:

Secondhand smoke, also known as environmental tobacco smoke (ETS), is a
mixture of the smoke given off by the burning end of a cigarette, pipe or cigar
and the smoke exhaled from the lungs of smokers. It can cause or exacerbate
a wide range of adverse health effects, including cancer, respiratory infections,
and asthma. 12
Third hand smoking

Thirdhand smoke is residual tobacco smoke contamination that remains after
the cigarette is extinguished. Toxins that are found in third hand smoke are
cyanide, arsenic and lead. These dangerous substances have been found to
linger on upholstery, furniture, clothing, toys, and carpeting long after the
smoke has gone away. Children are uniquely susceptible to thirdhand smoke
exposure and can cause them cancer and lower IQ. The vulnerability of children
is due to the fact that they intake twice the amount of dust particles as adults
and infants explore objects with their mouths. 13
11
American Cancer Society, Cigarette Smoking. Available online at <http://www.cancer.org/docroot/PED/
content/PED_10_2X_Cigarette_Smoking.asp?sitearea=PED> (last accessed: January 19, 2009).
12
California Environmental Protection Agency. Identification of Environmental Tobacco Smoke as a Toxic Air
Contaminant. Executive Summary. June 2005.
13
Associatedcontent.com, How Third Hand Smoke Affects Children. Available online at <http://www.ass
ociatedcontent.com/article/1395652/how_third_hand_smoke_effects_children.html> (last accessed:
February 19, 2009)
3.2.How prevalent is tobacco smoking in the Philippines?
Smoking among adults:

More than one-third (1/3) of the total Philippine population of over ninety
(90) million people14 smokes, making the Philippines one of the countries
with the highest number of smokers, second in Southeast Asia and among the
top fifteen (15) countries worldwide. Smoking prevalence among adults aged
twenty (20) years and above is over fifty six percent (56%) for males and about
twelve percent (12%) for females.
An overwhelming majority of smokers belong to the least educated group

(46%) who are not well-informed of the deadly consequences of tobacco and
how tobacco contributes further to their poverty.15
Smoking among children:

In 2000 and 2003, approximately four in ten students in the Philippines
reported ever smoking cigarettes: 42.8% in 2000 and 41.9% in 2003. Adolescent
boys were significantly more likely than adolescent girls to have ever smoked.
Approximately one in eight students who had smoked cigarettes reported
smoking their first cigarette before age 10 years: 12.9% in 2000 and 12.7% in
2003, with no significant difference between adolescent boys and girls.16
Effects on Filipinos:
The table below shows the mortality rates from cancer, respiratory and
circulatory diseases from smoking: 17
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+
* Numbers of deaths/world age-standardized mortality rate per 100,000 population.
14 Central Intelligence Agency, The World Fact Book, available online at

https://www.cia.gov/library/publications/the-world-factbook/print/rp.html. (last accessed February 11,
2009.)
15 2003 National Nutrition and Health Survey.
16 M. Miguel-Baquilod, M.D,, “Tobacco Use Among Students Aged 13--15 Years --- Philippines, 2000 and
2003”, citing the 2003 WHO Global Youth Tobacco Survey. Available online at http://ncadi.samhsa.gov/
govpubs/mmwr/vol54/mm5404a3.aspx (last accessed: January 30, 2009).
17 World Health Organization, WHO Mortality Data Base for the Philippines (2003).

The poorest households in the Philippines earn approximately P2,800 a month.18
Of this amount, they spend roughly 2.5% on tobacco. This is greater than their
expenditure on health (1.3%) and education (1.6%). Such an imbalance tends
to lead to tobacco-related diseases, which in turn lead to further losses in
income and productivity. The additional burden of shelling out for medicine and
treatment may then drive them deeper into poverty.19
4. TOBACCO INDUSTRY IN THE PHILIPPINES

4.1. Who are the cigarette manufacturers operating in the Philippines?
In 2005, the market share was dominated by Fortune Tobacco Corporation
(55.9%), followed by Philip Morris Philippines Manufacturing, Inc. (30.5%), and
La Suerte Cigar and Cigarette Factory (8.6%).20

There are about three hundred thousand (300,000) retail outlets for cigarettes,
forty thousand (40,000) of which are located in Metro Manila. About forty
percent (40%) of cigarette sales are made through major grocery outlets and
sari-sari stores and ten percent (10%) from other grocery outlets. Cigarette sales
from tobacco specialists, petrol stations, hotels, restaurants and catering outlets
account for five percent (5%) each and the remaining twenty-five percent (25%)
of sales volume is achieved through street vendors, peddlers, and unlicensed
underground operators. At present, vending machines are not a significant
outlet due to their inflexibility and cost of operation.21
4.3. What is the impact of the tobacco industry on the Philippine

Economy?
The Philippines is a major exporter of Virginia and Burley tobacco to the
European and Asian markets. The National Tobacco Administration (NTA)
reported that, in 2007, the country’s tobacco production was valued at around
P1.96 billion; in the same year, the industry also registered P67.11 million worth
of exports, although its contribution to total exports declined by almost 60%
from 2005 to 2007. In 2003, the industry also contributed about P25.66 billion
of income to the government through excise taxes, duties, and other taxes
18 National Statistics Office, 2006 Family Income and Expenditure Survey.

19 Chernobyl Diones and Ruby Anne Lemence, “No Smoking,” Business World Online. Available online at:
http://www.bworldonline.com/BW010909/content.php?id=060. (last accessed: January 30, 2009).
20 South East Asia Tobacco Control Alliance [hereinafter referred to as “SEATCA”] Philippine Report Card,
citing: World Cigarettes 2006, ERC Group.
21 Ibid.
collected from tobacco products.22
At the regional level, the tobacco industry is the main economic activity of
farmers in the Ilocos Region. Around 1.2 million Ilocanos, including some 40,000
farmers, depend on the tobacco industry. Furthermore, tobacco has been the
most profitable crop in the region. The 1997 data of NTA showed that a farmer
can earn approximately P36,561 per hectare of Virginia tobacco. The returns
on tobacco was nearly four times as much as the return per hectare of yellow
corn and more than twice the return on palay, mongo, peanuts, and sweet
potatoes.23
5. TOBACCO CONTROL IN THE PHILIPPINES

5.1. What national tobacco control initiatives were made leading to
RA 9211?
Since 1987, a series of campaigns were implemented to regulate the use
of tobacco products, involving not only the government sectors, but also
advocates from private and non-governmental organizations. The following
events were instrumental in finally pushing for a national legislation against
tobacco:
Year Tobacco Control Events / Provisions Proponent

1992 Placement of health warning on the effects Philippine Consumer Act (Rep. Act No.
of tobacco 7394 of 1992)
1993 Recommendations on labeling and DOH A.O. No.10 s.1993 (Rules and Regulations
advertisement on Labeling and Advertisement of Cigarettes)
1994 Conduct of counter-marketing campaign “Yosi Kadiri”, Department of Health
Promotion of protection from tobacco Philippine Clean Air Act (Rep. Act No. 8749
1999 smoke of 1999)
2003 Philippine became a signatory to the FCTC

2003 Enactment of RA 9211 Tobacco Regulation
Act
2005 FCTC Ratification Philippine Senate
Globally, the World Health Organization Tobacco-Free Initiative (WHO-TFI)

was established in 1998 to curb the tobacco epidemic. Its treaty instrument,
the Framework Convention on Tobacco Control (FCTC), became precedent
setting, as it became the first treaty negotiated under the auspices of World
22 Chernobyl Diones & Ruby Anne Lemence, “No Smoking,” Business World Online, available online at:
http://www.bworldonline.com/BW010909/content.php?id=060. (last accessed: January 30, 2009).
23 Ibid.
Health Organization and has been the most widely embraced treaty in
the history of the United Nations. The FCTC, the first public health treaty
negotiated under the World Health Organization (WHO) acknowledges the
right of all people to the highest standard of health. The said treaty was
developed as a response to the recognition that tobacco epidemic is a global
problem coupled with serious consequences. The FCTC is an evidence-
based treaty that reaffirms the right of all people to the highest standard of
health. It represents a paradigm shift in developing a regulatory strategy to
address addictive substances; in contrast to previous drug control treaties,
the WHO FCTC asserts the importance of demand reduction strategies as
well as supply issues. From the first preambular paragraph, which states
WHO FCTC RA 9211
Core Demand Reduction Provisions
Price / tax policies 24
Protection from exposure to tobacco smoke25 Prohibit smoking in public places with designated smoking
areas26
Regulation of the contents of tobacco products27
Regulation of tobacco disclosure28

Packaging and labelling of tobacco products (2006)29 Warning on cigarettes packages30
Education, communication, training and public Information program32

awareness31
Staged implementation from warning to ban in advertising;
Tobacco advertising, promotion and sponsorship restriction on promotion; naming rights; restriction to ban
(2008)33 on sponsorships34
Tobacco dependence and cessation35 Programs and projects36
Core Supply Reduction Provision
Illicit trade in tobacco products37

Sales to and by minors38 Minors39
Provision of support for economically viable alternative Programs and projects41

activities40
24 WHO Framework Convention on Tobacco Control [hereinafter referred to as “FCTC”], Article 6.

25 Ibid., Article 8.
26 Rep. Act No. 9211 (2003), Secs. 5, 6.
27 FCTC, Article 9.
28 FCTC, Article 10.
30 Rep. Act No. 9211 (2003), Sec. 13.
32 Rep. Act No. 9211 (2003), Secs. 35, 25.
34 Rep. Act No. 9211 (2003), Secs. 16-26.
36 Rep. Act No. 9211 (2003), Sec. 33.
39 Rep. Act No. 9211 (2003), Secs 7-12.
40 FCTC, Article17.
41 Rep. Act No. 9211 (2003), Sec. 33.
that the “Parties to this Convention are determined to give priority to their
right to protect public health”, the WHO FCTC is a global trend-setter.
The Philippines became a signatory in September 23, 2003. The Senate in

turn ratified this treaty in April 25, 2005.
Republic Act No.9211, the Tobacco Regulation Act of 2003, was enacted as
the first comprehensive national legislation on tobacco control. Five out of
the eight core demand reduction provisions and two out of the three core
supply reduction provisions of the FCTC were addressed in this Act.
The WHO FCTC is divided into core demand reduction provisions and
core supply reduction provisions. The core demand reduction provisions
have several stipulations that are not provided for in RA 9211, such as
the price, non-price, and tax measures to reduce the demand for tobacco.
Another addition in the treaty are mechanisms for scientific and technical
cooperation and exchange of information which are set out in Articles 20-
22. The WHO FCTC also provides for regulation of the contents of tobacco
products, which are not touched by RA 9211. Lastly, Article 9-10 of the
WHO FCTC specifically provides that the adoption and implementation of
measures requiring manufacturers and importers of tobacco products
to disclose to governmental authorities information 42 about the contents
and emissions of tobacco products be in accordance with the party’s national
law.43 Unfortunately, RA 9211 does not address the regulation of tobacco
product emission and toxic constituents. With the core supply reduction
provisions, stipulations on the illicit trade in tobacco products are an added
aspect in the WHO FCTC which are not included in RA 9211.
5.2. What sectors are involved in the implementation of RA 9211?

The administration and implementation of RA 9211 was tasked to the
Inter-Agency Committee Tobacco (IAC-Tobacco) chaired by the Secretary
of the Department of Trade and Industry and co-chaired by the Secretary
of the Department of Health. The other nine members are representatives
from the following offices: Department of Agriculture, Department of
Justice, Department of Finance, Department of Environment and Natural
Resources, Department of Science and Technology, Department of
Education, National Tobacco Administration, Tobacco Industry, a Non-
42 FCTC Articles 20, 22.

43 FCTC Articles 9 & 10.
Governmental Organization involved in public health promotion. The IAC-

Tobacco formulated the Implementing Rules and Regulation governing RA
9211. While the inter-agency committee was given authority to promulgate
rules and regulations necessary for effective implementation of RA 9211,44
it cannot impose administrative sanctions because the law creating it does
not grant to it quasi-judicial functions. Because of this, it does not have the
power to issue subpoenas and to declare contempt of court.
In accordance to the commitment of the Department of Health to address

the tobacco problem, the National Tobacco Prevention and Control Program
was established in January 2007. The office implements a comprehensive,
systematic and integrated program geared to prevent and control tobacco-
related diseases consistent with RA 9211.
Under Section 16 of the Local Government Code, every local government

unit shall exercise the powers expressly granted, those necessarily implied
therefrom, as well as powers necessary, appropriate, or incidental for its
efficient and effective governance, and those which are essential to the
promotion of the general welfare. This is known as the General Welfare
Clause. Pursuant to this, local government units like cities, within their
respective territorial jurisdictions, shall, among others, promote the health
and safety of their inhabitants. Hence, local government units like cities can
institute cases against violators of anti-tobacco laws, implement the law, and
enact ordinances to further implement tobacco control.45
44 Rep. Act No. 9211 (2003), Sec. 39.

45 Under Section 455 (b) (2) of the Local Government Code, the City Mayor shall enforce all laws and
ordinances relative to the governance of the city. Pursuant to such a duty, the City Mayor shall issue such
executive orders for the faithful and appropriate enforcement and execution of the laws and ordinances.
Under Section 458 of the Local Government Code, the Sangguniang Panglungsod shall approve ordinances
and pass resolutions necessary for an efficient and effective city government.
PART II – TOBACCO-RELATED OFFENSES

A. SMOKE-FREE
1. SMOKING IN PUBLIC PLACES (SEC. 5, RA 9211)

Local ordinances:
- Quezon City (1.5.1)
- Makati City (1.5.2)
- Mandaluyong (1.5.2)
- Manila City (1.5.3.)
- Pasig City (1.5.4)
2. VIOLATION OF RULE ON DESIGNATED SMOKING AND NON-

SMOKING AREAS (SEC. 6, RA 9211)
Local ordinances:
- Mandaluyong (2.6.2)
- Manila City (2.6.3.)
- Pasig City (2.6.4)
B. MINORS
3. SALE TO MINORS VIA SELF-SERVICE FACILITIES (SEC. 7, RA

9211)
4. VIOLATION OF MINIMUM AGE SALES (SEC. 9, RA 9211)

- Sale or distribution of tobacco products to minors by any retailer (4.1)
- Purchase of cigarettes or any tobacco product from a minor (4.2)
- Sale of cigarettes or any tobacco product by a minor (4.3)
- Purchase of cigarettes or any tobacco product by a minor (4.4)
- Smoking of cigarettes or any tobacco product by a minor (4.5)
Local ordinances:
- Manila City (4.8.3)
- Marikina City (4.8.4)
5. SALE OF TOBACCO WITHIN SCHOOL PREMISES (SEC. 10, RA

9211)
C. HEALTH WARNINGS
6. FAILURE TO PLACE PROPER WARNING IN TOBACCO PACKAGES

(SEC. 13, RA 9211)
D. ADVERTISING, PROMOTIONS, AND SPONSORSHIPS
7. NON-COMPLIANCE WITH ADVERTISEMENT REQUIREMENTS

(SEC. 14, RA 9211)
- Mass media, in general (7.1)
- Print and outdoor advertisement (7.2)
- Cinema and television advertisement (7.3)
- Radio advertisement (7.4)
8. VIOLATION OF RESTRICTIONS ON ADVERTISING IN AUDIO,

VIDEO AND COMPUTER CASSETTES/DISCS AND SIMILAR
MEDIUM (Sec. 20, RA 9211)
9. VIOLATION OF RESTRICTION ON ADVERTISING ON THE

INTERNET (Sec. 21, RA 9211)
10. ADVERTISEMENT BANS (SEC. 22, RA 9211) –

- Mass media advertising (10.3)
- Cinema advertising (10.4)
- Outdoor advertising (10.5)

(SEC. 23, RA 9211)
- Target Market and Participants (11.1)
- Communications to Consumers (11.2)
- Points-of-Sale (11.3)
- Telephone Communications (11.4)
- Placement of Props in Visual Media (11.5)
- Cigarette Brands on Smoking Related Paraphernalia (11.6)
- Cigarette Brands on Merchandise (11.7)
- Cigarette Brands on Products for Minors (11.8)
- Advertisements on Shopping Bags (11.9)
12. VIOLATION OF RESTRICTIONS ON NAMING RIGHTS (SEC. 24,

RA 9211)
- Agreement with manufacturer and sports team (12.1)
- Naming an arena or stadium with a tobacco brand (12.2)
13. TOBACCO SPONSORSHIP (SEC. 26, RA 9211)

- Violation of the sponsorship ban (13.1)
- Registration of tobacco brand name as company name (13.2)
14. VIOLATION OF SAMPLE RESTRICTIONS (SEC. 27, RA 9211)
A. SMOKE-FREE
1. SMOKING IN ABSOLUTELY SMOKE-FREE AREAS

1.1 What does the law provide?
Smoking is absolutely prohibited in certain public places.46 This means
that the establishment of and the smoking in designated smoking areas in
these public areas are likewise not allowed. The prohibition is absolute.
1.2 What are the elements of the violation?
Violation by an individual:
For a person to be charged under this offense, the following elements

must be present:
(1) There is a person smoking. A person is considered to be smoking

when he carries a lighted cigarette or other tobacco products, even if
he is not smoking it.47 A tobacco product is 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 for
smoking or oral or nasal use.48
46 Rep. Act No. 9211 (2003), Sec. 5.

47 Rep. Act No. 9211 (2003), Sec. 4 (p).
48 Rep. Act No. 9211 (2003), Sec. 4 (s).
(2) The person is smoking in a prohibited public place.49 The law

expressly prohibits smoking within the building and premises of the
following public places:
a. Centers of youth activity. Centers of youth activity include:

- playschools,
- preparatory schools,
- elementary schools,
- high schools,
- colleges and universities,
- youth hostels,
- and recreational facilities for persons below eighteen (18) years
old. 50 These recreational facilities include playgrounds; 51
b. Elevators;
c. Stairwells;
d. Locations in which fire hazards 52 are present. These locations

include gas stations and storage areas for flammable liquids,
gas, explosives or combustible materials; 53
e. Within the buildings and premises of:

- public and private hospitals,
- medical, dental and optical clinics,
- health centers,
- nursing homes,
- dispensaries and
- laboratories.
49 Rep. Act No. 9211 (2003), Sec. 4(n).

50 Rep. Act No. 9211 (2003), Sec. 5(a).
51 Memorandum Circular No. 1 (2004) or RA 9211 Implementing Rules and Regulations [hereinafter referred
to as “IRR of RA 9211 (2004)”], Title II, Rule I, Sec. 1.
52 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 (Pres. Decree No. 1185 (1977), Sec. 3).
53 Rep. Act No. 9211 (2003), Sec. 5(d).
f. Public conveyances. Public conveyances are modes of

transportation that service the general population. Examples
of public conveyances are elevators, airplanes, buses, taxicabs,
ships, jeepneys, light rail transits, tricycles, and similar vehicles.
The absolute prohibition does not apply to inter-island vessels, IF
these vessels have designated smoking areas that conform to the
requirements of RA 9211 and its IRR,54 however, the prohibition does
not apply if smoking is done in separate smoking areas ;55
g. Public facilities. Some examples of public facilities are airport and

ship terminals, train and bus stations, restaurants and conference
halls. However, smoking in these areas is allowed if done in separate
smoking areas ;56 AND
h. Food preparation areas. Food preparation areas include

areas where food or beverage is actually being manufactured or
prepared.57 For example, kitchens of restaurants are considered a
“food preparation area” where smoking is absolutely prohibited. 58
1.3 How do you prove the violation?
Each element of the violation should be proven. Therefore, the

following must be gathered in order to prove them:
(1) First, the act of smoking can be proven by the testimony of a witness/
es OR a photograph or video of the violator smoking; AND
(2) Second, it must be clearly shown that the smoking was done in a
place prohibited by law. This can be proven again by testimony of
a witness/es, a photograph OR a video placing the violator in the
prohibited area while smoking.
54 Rep. Act No. 9211 (2003), Sec. 4 (m).

55 IRR of RA 9211 (2004).
56 Rep. Act No. 9211 (2003), Sec. 5(e).
57 Rep. Act No. 9211 (2003), Sec. 5 (e).
58 IRR RA 9211 (2004), Title II, Rule I, Sec. 1.6.
59 Notably, in Davao, bars are likewise considered as absolutely smoke-free places.
1.4. What is the penalty for the offense?
The following penalties are meted out to a person who smokes in

the smoke-free areas, and to smoke-free establishments who allow
people to smoke in their establishments:
First offense: 60
• Fine: P500-1,000
Second offense: 61
• Fine: P1,000-5,000
Third offense: 62
• Fine: P5,000-10,000, AND
1.5. What are examples of local ordinances that penalize smoking in

absolutely smoke-free places?
1.5.1. Quezon City
1.5.1.1. What is the applicable ordinance in Quezon City for the

prohibition on smoking in public places?
A. City Ordinance No. SP-1515, S-2005. An ordinance regulating

smoking in public places, including public conveyances and
providing penalties thereof in accordance with the Implementing
Rules and Regulations of the Tobacco Regulatory Act of 2003,
amending for the purpose, Ordinance No. NC-73, S-89.
B. City Ordinance No. SP-1420, S-2004. An ordinance modifying

Ordinance No. NC-73, S-89, as amended, entitled “Banning Smoking
in Public Places in Quezon City and Imposing Penalty for VIOLATION
Thereof” and expanding the coverage thereon in order to implement
the intent and spirit contemplated in RA 9211, otherwise known as
the “Tobacco Regulation Act of 2003.”
60 Rep. Act No. 9211 (2003), Sec.32 (a), 1st par.

61 Rep. Act No. 9211 (2003), Sec.32 (a), 2nd par.
62 Rep. Act No. 9211 (2003), Sec.32 (a), 3rd par.
1.5.1.2. What are the public places in Quezon City where smoking is
absolutely prohibited?
Smoking is absolutely prohibited in the following public places in

Quezon City:
1. Centers of youth activity. These include playschools,

preparatory schools, elementary schools, high schools,
colleges and universities, youth hostels, and recreational
facilities for person under eighteen (18) years old. Such
recreational facilities for persons under eighteen (18) years old
include playgrounds.
2. Elevators and stairwells
3. Locations in which fire hazards are present. These include gas

stations and storage areas for flammable liquids, gas, explosive
or combustible materials.
4. Within the buildings and premises of public and private

hospitals, medical, dental and optical clinics, health centers,
nursing homes, dispensaries and laboratories
5. Public conveyances and public facilities. These include airport

and ship terminals and train and bus stations, restaurants and
conference halls, except for separate smoking areas.
6. Food preparation areas. Food preparation areas include areas

where food or beverage are actually being manufactured or
prepared.
Notably, this enumeration is similar to that in RA 9211. 63
1.5.1.3. What are the penalties for the offense?
The following penalties are meted out to a person who smokes in the
smoke-free areas.
63 The old ordinance (Ordinance No. NC-73, S-89) was amended by Ordinance No. SP-1515, S-2005 to
comply with the requirements of RA 9211.
First offense:
• Fine: P500-1,000
Second offense:
• Fine: P1,000-3,000
Third offense:
• Fine: P3,000-5,000, AND
• Cancellation and revocation of business permits and licenses
1.5.1.4. How is the Quezon City Ordinance different from RA 9211?
Aside from the penalties, the ordinance is similar to that of RA 9211.
1.5.2. Makati City and Mandaluyong City
Both Makati City and Mandaluyong City have exactly the same rules on
smoke-free public places. Therefore, they will be discussed under one
section.
1.5.2.1. What are the applicable ordinances in Makati City and

Mandaluyong City for the prohibition on smoking in public places??
A. Makati City Ordinance No. 2002-090. An ordinance revising all existing

anti-smoking ordinances in Makati City and expanding the coverage
thereof, providing penalty for violation thereof.
B. Rules and Regulations Implementing Makati City Ordinance No. 2002-

090.
C. Mandaluyong Ordinance No. 347, S-2005. An ordinance banning smoking

in the City of Mandaluyong and providing penalty for violation thereof.
1.5.2.2. What are the places in Makati City and Mandaluyong City
where smoking is absolutely prohibited?
Smoking is absolutely prohibited in the following places in Makati and

Mandaluyong: (Absolutely smoke-free areas)
1. All government/public buildings;
2. Schools in all levels;
3. Hospitals/medical clinics;
4. All enclosed public places with an area of less than 100 square meters.
An “enclosed public space” refers to a building or any other enclosed
structure, whether government or privately owned, that is open to the
public by general invitation or otherwise. It includes:
(1) private work places,
(2) offices,
(3) schools,
(4) hospitals,
(5) medical clinics,
(6) department stores,
(7) malls,
(8) markets,
(9) supermarkets,
(10) restaurants,
(11) bars,
(12) nightclubs,
(13) lounges,
(14) comfort rooms,
(15) auditoriums,
(16) private clubhouses,
(17) session halls,
(18) bus or airport terminals,
(19) elevators,
(20) hotels,
(21) coliseum,
(22) libraries,
(23) courtrooms,
(24) grocery stores,
(25) ship terminals
(26) and other similar places where smoking may expose a person
other than the smoker to tobacco smoke.
The imposition of an entry fee, use charge, membership requirement

or other condition of entry to an enclosed area will not prevent its
constitution as a public place, as long as admission is granted on a
uniform basis to persons who meet the established criteria for use or
admission. These enclosed public places are also required to post “NO
SMOKING” signs in conspicuous areas within their premises; AND
5. Public conveyances plying in Makati City. A public conveyance is a

mode of transport which services the general population, such as, but
not limited to, elevators, jeepneys, buses, light railway transit, trains,
airplanes, ships, taxicabs, tricycles, and other similar vehicles. Drivers
of public conveyances are also required to post a sign in their vehicle,
stating that smoking therein will be penalized. These conveyances are
likewise required to post a “NO SMOKING” sign in their vehicle.
1.5.2.3. What are the penalties for violating the Makati/Mandaluyong

ordinances?
First offense:
• Fine: P1,000
Second offense:
• Fine: P2,000
Third offense:
• Fine: P3,000, OR
• Imprisonment: 3-6 days, OR
• Both
1.5.2.4. How are the Makati and Mandaluyong ordinances different

from RA 9211?
With regard to government buildings, RA 9211 does not consider them as

absolutely smoke-free places and allows designated smoking areas to be
set up in these buildings.
The local ordinances also consider as absolutely smoke-free all enclosed

public places with an area of less than 100 square meters, Its scope is
therefore wider than that of RA 9211.
1.5.3. Manila City
1.5.3.1. What is the applicable ordinance in Manila City for the

prohibition on smoking in public places?
A. Ordinance No. 7748 (Approved August 29, 1991). An ordinance amending

Ordinance No. 6842 relative to the prohibiting on smoking in specified
places and for other purposes.
1.5.3.2. What are the public places in Manila City where smoking is
prohibited?
Smoking in the following places is allowed only in their respective smoking

sections:
1. bars,
2. restaurants,
3. cocktail lounges, and other enclosed public eating places,
4. dancehalls,
5. nightclubs,
6. restaurants other public places offering facilities for dining and dancing,
7. public theaters
8. motion picture houses or other auditoria used for such purposes during
showing or intermission therein or in any projection booth or enclosure
or room in a public place in which any motion picture machine is being
operated.
On the other hand, smoking is absolutely prohibited in the following places:

1. places for storage or carriers of inflammable liquids, explosive and
combustible materials, public or private gasoline stations, cargo trucks,
tank vehicles, or vessels carrying inflammable liquids, explosives or
combustible materials;
2. factories and plants, inside elevators of any establishment, passenger
buses or any other public conveyances operating in or through the City of
Manila;
3. inside bazaars, department stores, markets, supermarkets, furniture shops,
pet shops, barber shops, beauty parlors, books and magazine shops,
textile, grocery stores, warehouses, bodegas, storerooms, stockrooms
and other similar establishments and structures;
4. inside classrooms and within the premises of all schools in all levels,
public and private; provided, that for all collegiate and higher levels, this
prohibition shall apply only to classrooms and all other enclosed rooms
within the premises;
5. inside all public and private hospitals, medical, dental and optical clinics,
centers and dispensaries;
6. inside all enclosed public places wherein more than two persons
congregate, such as session halls, auditoriums, and offices.
However, there are parts of the ordinance which are amended by RA 9211.
First, the exception above with regard to classrooms will no longer apply. RA
9211 prohibits smoking in all colleges and universities, and does not provide
for an exception. Secondly, the provision in the ordinance which states that
the prohibition on smoking does not apply if the place complies sufficient
ventilation and exhaust fans as certified by the Manila Fire Department and
the Engineering Department is deemed modified. This cannot be applied to:

1. Public theaters or motion picture houses or other auditorium used for
such purposes during showing or intermission or any projection booth or
enclosure or room in a public place in which any motion picture is being
operated. Excepted from the prohibition are lobbies, comfort rooms,
smoking sections outside the screening room or hall.
2. Places for storage or carriers of inflammable liquids, explosive and
combustible materials.
3. Inside elevators of any establishment regardless of capacity.
4. Passenger buses, jeepneys, or any other public conveyances operating in
or through Manila.
5. Inside all hospitals, medical dental and optical clinics, centers and
dispensaries;
The owner, operator, manager or administrator of the establishments

and conveyances where smoking is prohibited are also required to post
in conspicuous places the following sign: “NO SMOKING pursuant to City
Ordinance of Manila.”
1.5.3.3. What is the penalty for violating the Manila City ordinance?
Those who can be held liable for allowing smoking in places/conveyances

declared to be absolutely smoke-free are the following:
1. owner of the conveyance or establishment
2. operator of the conveyance or establishment,
3. driver of the conveyance,
4. manager or administrator of the establishment;
An individual who smokes in places declared to be smoke-free is likewise held

liable.
1.5.3.4. How is the Manila City ordinance different from RA 9211?
As aforementioned, there are parts of the ordinance which are amended

by RA 9211. First, the exception above with regard to classrooms will no
longer apply. RA 9211 prohibits smoking in all colleges and universities, and
does not provide for an exception. Secondly, the provision in the ordinance
which states that the prohibition on smoking does not apply if the place
complies sufficient ventilation and exhaust fans as certified by the Manila
Fire Department and the Engineering Department is deemed modified. This
cannot be applied to:

1. Public theaters or motion picture houses or other auditorium used for
such purposes during showing or intermission or any projection booth or
enclosure or room in a public place in which any motion picture is being
operated. Excepted from the prohibition are lobbies, comfort rooms,
smoking sections outside the screening room or hall.
2. Places for storage or carriers of inflammable liquids, explosive and
combustible materials.
3. Inside elevators of any establishment regardless of capacity.
4. Passenger buses, jeepneys, or any other public conveyances operating in
or through Manila.
5. Inside all hospitals, medical dental and optical clinics, centers and
dispensaries;
1.5.4. Pasig City
1.5.4.1. What is the applicable ordinance in Pasig City for the prohibition on
smoking in public places?
A. City Ordinance No. 65, S-1996. An ordinance banning smoking in public

places and regulating smoking in designated areas in Pasig City and
providing penalties for its violation.
1.5.4.2. What are the public places in Pasig City where smoking is
absolutely prohibited?
Smoking is totally prohibited in the following public places:
1. Within the premises of preparatory, elementary and secondary schools;

2. Inside elevators;
3. All government offices, whether national or local, including government
owned corporations, commissions, boards and similar government
agencies;
4. Warehouses, bodegas, storerooms and stockrooms;
5. Places for storages or carriers of inflammable liquids of gas, explosive and
tank vehicles or vessels carrying inflammable liquids, gas, explosives or
combustible materials;
6. Within the buildings of public and private hospitals, medical, dental and
optical clinics, health centers, dispensaries and laboratories;
7. Movie houses and auditoriums;
8. Passenger buses (PUBs) – air conditioned or not, jeepneys (PUJ) and
(AC), or any other public conveyance operating in or through Pasig City
motorized tricycles and pedicabs and taxicabs; AND
9. Public comfort rooms
The owner, proprietor, administrator, operator or manager, as the case

may be, of the covered public places are required to provide and post in
conspicuous and proper places therein the legible “NO SMOKING” sign or
“SMOKING AREA” sign.
1.5.4.3. What are the penalties for violating the Pasig City ordinance?
The following penalties are meted either to individual violators, or

establishments that fail to put up the required signage:
First offense:
• Fine: P100
Second offense:
• Fine: P300
Third offense:
• P500
The ordinance provides for more specific penalties for establishments which
fail to provide and post the prescribed signs.
First offense:
• Fine: P2,000
Second offense:
• Fine: P5,000
Third offense:
• Revocation of the business permit of the establishment, AND
• Community service : 8 hours.
1.5.4.4. How is the Pasig Ordinance different from RA 9211?
The local ordinance does not include food preparation areas and stairwells
in the list of absolutely smoke-free places. Moreover, smoking is disallowed
in schools only until the secondary level (high school) and does not include
universities.
However, the local ordinance adds the following places as absolutely

smoke-free: government offices, warehouses, bodegas, storerooms and
stockrooms, movie houses and auditoriums, public conveyances, and
public comfort rooms.
2. VIOLATION OF RULES ON DESIGNATED SMOKING AND

NON-SMOKING AREAS
Designated smoking areas may be established in places that are open to the
general public, private workplaces, and other places where smoking may
expose a person other than the smoker to tobacco smoke. These places do
not include those which have been declared as absolutely smoke-free places
(see Sec. 1 of Part II of this Manual).
This obligation of establishing a smoking area is imposed upon the owner,

proprietor, possessor, manager or administrator of such places.
Such areas may include a designated smoking area within the building, which
may be in an open space or separate area with proper ventilation, but shall
not be located within the same room that has been designated as a non-
smoking area.
All designated smoking areas should have at least one (1) legible and visible
“SMOKING AREA” sign posted. In addition, the sign posted should include a
warning about the health effects of direct or secondhand exposure to tobacco
smoke. Non-smoking areas should also have at least one (1) legible and visible
sign, namely: “NO SMOKING AREA” or “NO SMOKING”. 64
2.2. What are the elements of the offense?
The following are the elements of the offense:
(1) The place is covered by the rule.
The places covered by the rule are the following:

a. Enclosed places open to the general public. An enclosed area refers
to an area that is physically separated from adjacent areas by walls or
partitions and a roof or ceiling. The walls or partitions must be continuous,
interrupted only by doors and windows. A structure with a roof or ceiling
but without walls is not an enclosed area ; 65
b. Public and private workplaces;
c. Other places where smoking is not absolutely prohibited (see Sec. 1, Part
II of this manual), where smoking may expose a person other than the
smoker to tobacco smoke.
(2) The owner, proprietor, possessor, manager or administrator of the place fails
to do any of the following:
a. 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 room that has been designated as a
non-smoking area. 66
b. 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:
64 Rep. Act No. 9211 (2003), Sec. 6.

65 IRR of RA 9211 (2004), Rule 3, Subsection 1.8.
66 IRR of RA 9211 (2004), Title II, Rule I, Sec. 3.
• 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. 67
c. POST SIGNAGE in the designated smoking and non-smoking areas;

A designated smoking area must have at least 1 legible and visible
“SMOKING AREA” sign. A designated non-smoking area must have
at least 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 specifications for the signs are the following:

• Over-all size of sign: 297x210 mm (11.69 x 8.27 in)
• Font and size for“SMOKING AREA”or“NO SMOKING AREA”: Arial Black, 122p.
• Font and size for “GOVERNMENT WARNING”: Arial Black, 48 pt.
GOVERNMENT
WARNING
• Font and size for “Tobacco Regulation Act”: Arial Black, 32 pt.
Tobacco
Regulation Act
67 See the table of the ventilation requirements as found in Schedule A of the IRR of RA 9211
(2004) and IRR of RA 9211 (2004), Title II, Rule I, Sec. 4.
d. 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 4 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 mga bata”)
• “GOVERNMENT WARNING: Smoking Kills”
(“BABALA: Nakamamatay ang Paninigarilyo”)
68 IRR of RA 9211 (2004), Title II, Rule I, Sec. 5; Schedule B.

69 IRR of RA 9211 (2004), Title II, Rule I, Sec. 5.
70 IRR of RA 9211 (2004), Title 4, Sec. 1.
2.3. How do you prove the offense?
The offense is committed by omission—by non-compliance with the

requirements of designating separate smoking and non-smoking areas, and of
posting signs, with health warnings in the case of “SMOKING AREA” signs. Proof
of the omission or that the place is covered by the rule may be shown by the
following:
1. Testimony of witness/es that the area does not comply with the
requirements;
AND
2. Photographs of the non-compliant area or establishment.
2.4. What are the penalties for not complying with the rules on designated
smoking and non-smoking areas?
The following penalties are meted out to establishments for failure to comply
with the rules on designated smoking and non-smoking areas:
First offense:
• Fine: P500-1,000
Second offense:
• Fine: P1,000-5,000
Third offense:
• Fine: P5,000-10,000, AND
• Cancellation and revocation of business permits and licenses 71
The owner, proprietor, possessor, manager or administrator of the non-

compliant place may be held liable.
2.5. What are examples of local ordinances that require the establishment
of designated smoking and non-smoking areas?
2.5.1. Quezon City
2.5.1.1. What ordinance in Quezon City requires the establishment of

designated smoking and non-smoking areas?
71 Rep. Act No. 9211 (2003), Sec. 32 (a).

A. Quezon City Ordinance No. SP-1515, S-2005. An Ordinance regulating

smoking in public places, including public conveyances and providing
penalties therefore in accordance with the implementing rules and
regulations of the Tobacco Regulation Act of 2003, amending for the
purpose, Ordinance No. NC-73, S-89.
2.5.1.2. What places should have designated smoking and non-smoking

areas?
The local ordinance requires the owners, proprietors, operators, possessors,

managers or administrators of the following places to establish smoking and
non-smoking areas:
1. All enclosed places that are open to the general public

2. Public and private workplaces
3. Places not declared absolutely smoke-free
The designated smoking area may be within the building, which may be an
open space, or a separate area with proper ventilation. However, it shall not
be located within the same room that has been designated as a non-smoking
area.
2.5.1.3. What acts are penalized by the ordinance?
The following acts are penalized in Quezon City:
1. Failure to set up a designated smoking area;

2. Failure to comply with the standards for designated smoking areas;
3. Failure to post signage for designated smoking and non-smoking areas;
4. Inclusion of any mark, device, work or image associated with any tobacco
company or product in the required No Smoking signs; and
5. Failure to post “Non-Smoking Area” or “No Smoking” in non-smoking areas.
The law does not penalize the smoking by individuals in non-smoking areas,
where there are designated smoking areas. The ordinance is geared towards
the compliance by business establishments of the requirements for the
establishment of smoking and non-smoking areas.
2.5.1.4. What are the standards for designated smoking areas?

1. The designated smoking area other than in an open space shall be (a)
completely enclosed or physically separated from the rest of the premises,

and (b) equipped with adequate ventilation in conformity with PD 1096 and
the Philippine Society of Mechanical Engineers Code. 72
2. Separation of the designated smoking area other than in open space shall be
effected through ANY of the following means:
a. The designated smoking area must be fully separated from smoke-
free area by continuous floor-to-ceiling or floor-to-floor solid
partitions which are interrupted only by doors equipped with door
closers, and which must be kept constantly closed except when a
person is entering or exiting the area.
b. The designated smoking area must be set apart, enclosed or confined
by means other than that indicated above. Provide it complies with
the following standards:
i. 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 4,570 to 7,620 mm/min with the living
zone and 55 to 60% relative humidity.
ii. 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.
iii. 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 1,839 mm above
the floor.
iv. 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
measures 910 mm above the floor shall not exceed 100 parts
per million (ppm).
v. 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.
72 See Annex of IRR of RA 9211 (2004).

Ventilation should conform to the Outdoor Air Requirement as

provided in the Ordinance.
2.5.1.5. Are designated smoking and non-smoking areas required

to have a signage?
Yes. All designated smoking and non-smoking areas should have at least 1
sign saying “SMOKING AREA” in Tagalog or English. It should be placed at the
entrance of the designated smoking area. It must conform to the following
specifications:
1. Overall size of sign – 297 x 210 mm (11.69 x 8.27 in)
2. Font and Size for “No Smoking Area” or “Smoking Area” – Arial Black, 122pt.
3. Font and size for “Government Warning”: Arial Black, 48 pt.
GOVERNMENT
WARNING
4. Font and Size for “Tobacco Regulation Act”: Arial Black, 32 pt.
Tobacco
Regulation Act
The sign should also include any of the following health messages:
1. “GOVERNMENT WARNING: Cigarette Smoking is Dangerous to Your Health”
(“BABALA: Ang Paninigarilyo ay Mapanganib sa Iyong Kalusugan”)
2. “GOVERNMENT WARNING: Cigarettes are Addictive” (“BABALA: Ang
Sigarilyo ay Nakaka-adik”)
3. “GOVERNMENT WARNING: Tobacco Smoke can Harm Your Children”
(“BABALA: Ang usok ng Sigarilyo ay Mapanganib sa mga bata”)
4. “GOVERNMENT WARNING: Smoking Kills” (“BABALA: Nakamamatay ang
Paninigarilyo”)
These requirements are similar to that provided by the IRR of RA 9211.
2.6.1.6. What is the penalty for a violation of the ordinance?
The following penalties are imposed on the owners, proprietors, operators,

possessors, managers or administrators of the non-compliant places:
First offense:
• Fine: P500-1,000
Second offense:
• Fine: 1,000-P3,000
Third offense:
• Fine: P3,000-5,000, AND
• Cancellation or revocation of business permits and licenses to operate.
2.6.1.6. Is the Quezon City ordinance different from RA 9211?
No. Except for the penalties imposed, the ordinance otherwise adopts the standards
of RA 9211.
2.6.2. Makati City and Mandaluyong City
2.6.2.1. What are the ordinances in Makati and Mandaluyong that provide
for designated smoking and non-smoking areas?
A. Makati City Ordinance No. 2002-090. An ordinance revising all existing

anti-smoking ordinances in Makati City and Expanding the coverage thereof,
providing penalty for violation thereof.
B. Rules and Regulations Implementing Makati City Ordinance No. 2002-090.
C. Mandaluyong Ordinance No. 347, S-2005. An ordinance banning smoking in

the City of Mandaluyong and providing penalty for violation thereof.
2.6.2.2. What is a designated smoking area?
A designated smoking area complies with the following elements:

1. It is an indoor area;
2. Smoking is allowed in this area;
3. It is physically separated from the declared smoke-free area:
a. The separation is made by continuous floor-to-ceiling walls.
b. The walls must be interrupted only by doors.
c. The doors must be constantly closed except during ingress or
egress
4. It is equipped with effective and strong ventilation:
a. This means that with the equipment, smoke emanating from the
designated smoking area does not drift, permeate or re-circulate
into any smoke free area.
2.6.2.3. What places are required to have designated smoking and non-
smoking areas?
A person owning or having possession of a public place which is not declared

as absolutely smoke-free may designate separate smoking areas. If there is no
designated smoking area, the public place will be considered as a totally non-
smoking area.
The following are declared as absolutely smoke-free areas:

1. All government or public buildings
2. Schools in all levels
3. Hospitals and medical clinics
4. All enclosed public places with an area of less than 100 square
meters.
2.6.2.4. What acts are penalized by the ordinance?
1. Smoking in public conveyances plying in Makati and Mandaluyong

City;
2. Failure of driver of public conveyance to post the required sign inside
their vehicle, indicating that smoking is prohibited inside public
vehicles.
3. Toleration of smoking despite the fact that the area has been
classified as smoke-free by the City Health Department;
4. Non-provision of “no-smoking” signs in enclosed public places;
5. Operation of a designated smoking area without prior approval or
clearance from the City Engineering and City Health Departments;
6. Provision of ashtrays within the establishment; and
7. Operation of defective/inadequate facilities and equipment in
designated smoking areas.
2.6.2.5. What are the requirements for the establishment of designated

smoking areas?
The owners of enclosed public places not otherwise declared as totally non-
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 P5,000.00 to be paid upon filing of the application

2. Inspection fee of P200 to be paid prior to inspection
3. Processing fee of P5,000 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
The establishment owners are also required to submit the following documents
so that their applications can be processed:
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 its smoking area, as well as the respective sizes of these
areas
2. Business Permit
3. Certificate of Occupancy
2.6.2.6. What are the standards for designated smoking areas?
The designated smoking areas should meet the following architectural or

engineering specifications in order to gain approval from the City Engineering
Department or City Building Official:
1. Physical partitions shall be fixed and solidly built double-walled

floor to ceiling or floor-to-floor partitions of at least one (1) hour
fire-resistive rating.
2. Materials for partitions such as bamboo, nipa, logs or lumber shall
not be permitted. Native materials such as those mentioned are
only allowed for decorative purposes.
2.6.2.7. What is the floor area requirement for smoking and non-smoking
areas?
The maximum size of a designated smoking area for respective establishments

shall conform to the following smoking/non-smoking area ratio:
1. Restaurants, cafeterias, and other dining establishments – 15% of the
total dining area, including function rooms
2. Day and night clubs, bars, cocktail lounges, beer gardens, karaoke
bars and similar establishments – 25% of the total dining or drinking
area, including function rooms
3. Disco pads, dance halls, and similar establishments – 25% of the
dancing and drinking area
4. Billiard halls, pool rooms, and similar establishments – 25% of the
pool or billiard area
5. Bowling alleys – 15% of the bowling area
Other enclosed public places not mentioned above are required to conform to a
maximum of 5% of total floor area per floor level designated smoking area.
2.6.2.8. What are the ventilation requirements for smoking areas?
The City Engineering Department/City Building Official requires designated

smoking areas to conform to the following requirements:
1. It must be equipped with effective and strong ventilation so that smoke
emanating from them does not drift, permeate or re-circulate into any
smoke-free area.
2. The quality of air used to ventilate that area during occupancy must always
be sufficient to maintain the standards of air temperature, air quality and air
distribution.
2.6.2.9. What are the ventilation and exhaust equipment standards for
smoking areas?
Designated smoking areas must be equipped with exhaust systems and

ventilation equipment that conform to the provisions of the National Building
Code and the Philippine Society of Mechanical Engineering (PSME) Code. These
are:
1. A complete exhaust system should include an air device, hood, ducts,
fans, objectors, separator receptacles, and all other parts necessary for
its installation.
2. All exhaust systems should discharge to the outside atmosphere
provided, however, that air may be re-circulated, and is passed through
a suitable cleaning device and is safe and wholesome.
3. The point of discharge of an exhaust system should be so located so that
the discharge materials will not re-enter non-smoking areas, nor create
hazard to the public, nor cause any general nuisance.
4. Air circulated in designated smoking areas shall be supplied through air
inlets arranged, located, and equipped so that persons occupying the
said areas are not subjected to air velocities, as specified in the PSME
Code.
5. The discharge from any exhaust system of a designated smoking area
shall be such that no air contaminants will enter any window, door,
air duct system, or other openings at designated smoke-free areas, in
quantities sufficient to create health hazards therein or nuisance to
surrounding areas.
6. Air ducts and piping should be located as to be accessible for inspection
and maintenance.
7. Collected materials should be collected and disposed of at intervals
frequent enough to ensure that the exhaust system meets the
requirements.
2.6.2.10. What are the penalties for violating the ordinance?
The following penalties are meted out to the non-compliant establishment:
First offense:
• Fine: P1,000
Second offense:
• Fine: P2,000
Third offense:
• Fine: P3,000, OR
• Imprisonment: 3-6 days, OR
• Both
The City Government may order the closure of a public place for any of the following
grounds:
1. Management tolerates smoking despite being classified as a “smoke-free”
establishment by the City Health Department
2. Non-provision of “no smoking” signages
3. Operation of designated smoking areas without clearance from the City
Engineering Office and the city
4. Provision of ashtrays within smoke-free areas
5. Operation of inadequate/defective facilities in designated smoking areas
2.6.2.11. How is the Makati City Ordinance No. 2002-090 different from RA 9211?
Makati City Ordinance No. 2002-090 defines its policy in strong terms. It
seeks “to promote the health and welfare of its citizens”, specifying that the
City wants to “ensure the physical well-being of smokers and non-smokers
alike by discouraging cigarette smoking and tobacco use”. 73 Thus, unlike RA
9211, the ordinance explicitly declared as a policy the discouragement of the
use of tobacco. It goes further by stating facts concerning the health risks of
tobacco use and exposure, noting the lack of awareness among smokers as to
the “extremely poisonous substances” that are found in cigarette smoke.74 It
recognizes “cigarette and tobacco smoke-free environment” as a public right
which will be ensured by a ban on smoking in public conveyances and places.75
The ordinance likewise has a more expansive coverage with regard to absolutely
smoke-free areas, to name: all government/public buildings, and all enclosed
public places with an area of less than 100 square meters.
2.6.3. Manila City
2.6.3.1. What ordinance/order in Manila disallows establishments from

allowing minors to stay at designated smoking areas?
73 Makati City Ordinance No. 2002-090, Preamble, clause 1.

74 Makati City Ordinance No. 2002-090, Preamble, clause 2-3.
75 Makati City Ordinance No. 2002-090, Preamble, clause 4.
A. Manila Ordinance No. 7952 (1998). An Ordinance prohibiting any person,

owner, operator, administrator, manager, or person in charge of operation of
restaurants, eateries and other similar establishments to allow children below
eighteen (18) years old to stay, loiter or be seated at designated smoking areas
within subject establishments, providing penalties for violation thereof and for
other purposes.
B. Executive Order No. 36, Series of 2007. An order creating and constituting a task
force for the strict implementation of RA 9211, otherwise known as the Tobacco
Regulation Act of 2003.
2.6.3.2. What acts are punished under the ordinance?
The following acts are prohibited in the City of Manila:
1. Allowing children below 18 years of age to loiter, stay or be seated

at designated smoking areas of restaurants, eateries and other
similar establishments. This prohibition applies to any person,
owner, operator, administrator, manager or person-in-charge of
operation of restaurants, eateries and similar establishments who
allow such minor in the designated smoking area; AND
2. Failure to display within a restaurant, eatery or other similar
establishment the following sign in bold letters: Pursuant to
Ordinance No. 7952, children below 18 years old are not allowed
to loiter, stay or be seated in smoking areas. The owner, operator,
administrator, manager or person-in-charge of operation of the
establishment will be held accountable.
2.6.3.3. What are the penalties for the violation?
The following penalties are meted out to the non-compliant establishment:
First offense:
• Fine: P5,000, OR
• Imprisonment: 60 days
Succeeding offenses:
• Cancellation or revocation of business permit of the establishment
The manager, president or chairman of the board of directors or managing

partner of the establishment shall suffer the penalty or penalties provided.
2.6.4. Pasig City
2.6.4.1.What ordinance in Pasig provides for designated smoking and non-smoking

areas?
A. City Ordinance No. 65, S-1996. An ordinance banning smoking in

public places and regulating smoking in designated areas in Pasig City
and providing penalties for its violation.
2.6.4.2. What places in Pasig City are required to provide smoking

areas in their buildings?
The following public places, establishments and other areas are required to
provide smoking areas in their buildings:
(1) Bars, restaurants, cocktail lounges and canteens;

(2) Dance halls, disco houses, day and night clubs, beer/pub houses, or
other public; places, offering facilities for drinking and dancing;
(3) Department stores, markets, supermarkets groceries and bake shops;
AND
(4) Factories and plants.
The smoking area must be in an open space or in a separate area with proper
ventilation and exhaust fans. However, if there are fire hazards, flammable liquids
or gases in such public places, the creation of smoking areas is prohibited.
2.6.4.3. What is the penalty for violating the ordinance?
The following penalties are meted out to establishments that fail to comply with
the rules on designated smoking and non-smoking areas:
First offense:
• Fine: P100
Second offense:
• Fine: P300
Third and succeeding offense:

• Fine: P5,000
The owner, proprietor, possessor, manager or administrator of the non-

compliant place may be held liable.
Also, the owner, proprietor, administrator, operator, or manager who fails to

provide and post conspicuous and proper places legible “NO SMOKING “ sign or
“SMOKING AREA” shall suffer the following penalties:
First offense:
• Fine: P2, 000
Second offense:
• Fine: P5, 000
Third and succeeding offense:

• Revocation of permit and eight (8) hours community service
2.6.4.4. How is the Pasig City ordinance different from RA 9211?
As regards the places where smoking is absolutely prohibited, the list in

the Pasig City Ordinance is more exhaustive. Considering the policy of RA
9211 in promoting and protecting the right to health of the people, the list
in the Pasig City ordinance can be retained without much controversy, such
as warehouses and public conveyances. On the other hand, the Ordinance’s
enumeration of absolutely non-smoking areas may itself be extended to
cover all “centers of youth activity” and “food preparation areas”. With
respect to the places wherein smoking areas may be designated, the only
inconsistency between the Ordinance and RA 9211 is that concerning
public conveyances. Provisions favoring the right to health must be
given greater weight, so that the total prohibition on smoking in public
conveyances must be sustained. However, the provisions concerning the
specifications of the designated smoking area of both the Ordinance and
the RA must be seen as supplementary or complementary to each other.
Additional specifications provided by one or the other must be followed.
Thus, smoking areas in Pasig City may be in an open space or in a separate
area with proper ventilation and exhaust fans; must not be located within
the same room designated to be a non-smoking area; must have no fire
hazards.76 Furthermore, Pasig City must ensure that they comply with
additional requirements that may be provided in greater detail in the IRR
of RA 9211.
76 See Pasig City Ordinance No. 65, series of 1996, sec. 2; Rep. Act No. 9211 (2003), sec. 6
B. MINORS
3. SALE OR DISTRIBUTION OF TOBACCO PRODUCTS VIA

SELF-SERVICE FACILITY WITHOUT MECHANISM FOR
AGE VERIFICATION
3.1 What does the law provide?
Vending machines or any self-service facility that sells or distributes tobacco

products should have a mechanism for age verification. However, if these
machines and facilities are situated at point-of-sale establishments, the
requirement for age verification does not apply.77
3.2 What are the elements of the violation?
The following are the elements of the act penalized:

(1) There is a vending machine, a self-service facility, or similar device.
(2) The machine sells tobacco products. Tobacco products refer 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.78 As clarified in
the IRR, there is no need for a sale to a minor to actually transpire, only
that the self-service facility fails to comply with the requirement of
having a mechanism for age verification. Sale of tobacco products to
a minor is penalized under Sec. 9 of RA 9211.
(3) The machine has no mechanism for age verification. An example of

age verification mechanisms used in other countries is age verification
cameras. Vending machines should have built-in cameras which
scan the face of the buyer to verify his/her age, or any other similar
mechanism to verify the age of the buyer.
Note, however, that the law provides for an exception in the case of
vending machines and self-service facilities found at point-of-sale
establishments. These machines need not have a mechanism for
age verification because retailers in point-of-sale establishments
are expressly required to verify the age of buyers of cigarettes and
tobacco products. “Point-of-sale” means any location at which an
77 Rep. Act No. 9211 (2003), Sec. 7
78 Rep. Act No. 9211 (2003), Sec. 4(s).
individual can purchase or otherwise obtain tobacco products,

excluding itinerant/ambulant vendors. 79
3.3 How do you prove the violation?
The elements of the offense may be proved by the following:
1. Witness/es who saw the vending machine, etc. which did not have a
mechanism for age verification, in order to prove: (a) that there is a
vending machine or self-service device which sells tobacco products,
and (b) that the machine has no mechanism for age verification, AND
2. Videos or photographs of the machine or facility to prove (a) that

there is a vending machine or self-service device which sells tobacco
products, and (b) that the machine has no mechanism for age
verification.
In lieu of the evidence above, the machine or facility itself may be used to prove:
(a) that such a machine sells tobacco products, and (b) that it has no mechanism
for age verification.
The following penalties are meted out to the non-compliant tobacco

company: 80
First offense
• Fine: At least P5,000, OR
• Imprisonment: maximum of 30 days
Succeeding offenses
• Imprisonment: maximum of 30 days, AND
• Revocation of business licenses or permits
The owner, president, manager, or the most senior officers of the company
thereof shall be liable for the offense.
79 Rep. Act No. 9211 (2003), Sec. 4(k); IRR of RA 9211 (2004), Rule 3, Sec. 1.17.
80 Rep. Act No. 9211 (2003), Sec. 32 (B).
4. VIOLATION OF MINIMUM AGE SALES

The following are the offenses involving the smoking by minors, and the sale
and purchase of tobacco products to/from minors: 81
4.1. Sale or distribution of tobacco products to minors by any retailer;

4.2. Purchase of cigarettes or any tobacco product from a minor;
4.3. Sale of cigarettes or any tobacco product by a minor;
4.4. Purchase of cigarettes or any tobacco product by a minor; and
4.5 Smoking of cigarettes or any tobacco product by a minor.
Minors are those who are below eighteen (18) years of age. 82
4.1. Sale or distribution of tobacco products to minors by any retailer
4.1.1. What does the law provide?
It shall be unlawful for any retailer of tobacco products to sell or distribute

tobacco products to any minor. 83
4.1.2. What are the elements of the offense?
(1) The violator is a retailer of tobacco products. A retailer refers to any

person or entity that sells tobacco products to individuals for personal
consumption.84 The definition is broad enough to include not only
legal entities, but also sari-sari stores and sidewalk vendors who sell
cigarettes. Tobacco products refer to products that consist 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.85
(2) The retailer sold or distributed tobacco product/s. There must have
been an actual sale or distribution of tobacco products. A mere offer of
sale or distribution, or answer to inquiries about the tobacco products
will not hold the retailer liable for this specific offense. Moreover, the
81 Rep. Act No. 9211 (2003), Sec. 9

82 Rep. Act No. 9211 (2003), Sec. 4 (g).
83 Rep. Act No. 9211 (2003), Sec. 9 (a).
84 Rep. Act No. 9211 (2003), Sec. 4 (o).
85 Rep. Act No. 9211 (2003), Sec. 4 (s).
giving by the retailer of tobacco products to the minor without any

consideration will not subject the retailer to liability because the law
speaks of “sale or distribution.”
A “sale” refers to the transfer of ownership of property from one person to

another in return for money. On the other hand, the meaning of “distribution”
may be gleaned from the definition given in the IRR of a distributor, to wit: A
distributor refers to any person to whom a tobacco product is delivered or
sold for purposes of distribution in commerce, except that such term does not
include a manufacturer or retailer or common carrier of such product. Applying
the principle on strict construction of penal provisions, the mere giving of
tobacco products without any consideration in return will not fall within the
ambit of the law. Nonetheless, the person giving may still be prosecuted under
Sec. 25 of RA 9211 which penalizes the giving of samples to minors.
(3) The buyer was a person below 18 years of age. A minor refers to any
person below eighteen (18) years old. 86 Therefore, a buyer of tobacco
products who is eighteen years of age will not fall within the ambit of
the law.
The following will not constitute a defense for the erring retailer:
1. Lack of knowledge as to the age of the minor. Lack of knowledge

of the buyer’s minority will not shield the retailer from liability 87
because the retailer is obliged to verify the age of the buyer by means
of any valid form of photographic identification containing the date
of birth of the bearer. 88
2. No reason to believe that the cigarette or any other tobacco product

was for the consumption of the minor to whom it was sold. The
plain act of selling cigarette/tobacco products to a minor is directly
punishable. 89
4.1.3. How do you prove the offense?
The following evidence should be gathered to prove the sale or distribution of

tobacco products to minors:
86 Rep. Act No. 9211 (2003), Sec. 4 (g); IRR of RA 9211 (2004), Rule III, Sec. 1.12
87 Rep. Act No. 9211 (2003), Sec. 9 (c), last paragraph; IRR of RA 9211 (2004), Title III, Rule II, Sec.2.
88 Rep. Act No. 9211 (2003), Sec. 12; IRR of RA 9211 (2004), Title III, Rule II, Sec. 4.
89 Rep. Act No. 9211 (2003), Sec. 9 (c), last paragraph; IRR of RA 9211 (2004), Title III, Rule II, Sec.2.
1. To prove that the retailer sells tobacco products, any of the following
may be taken:
a. Testimony of witness/es; OR
b. Business permits, books of account, sales invoices and other
business records showing that the retailer sells tobacco
products 90 ; AND
2. To prove that the retailer sold or was about to sell a tobacco product
to a buyer, any of the following may be taken:
b. Receipts, monies, and the tobacco product; OR
c. In-store surveillance videos, close-circuit television recordings
and other videos, video captures or photographs of the actual
transaction; AND
3. To prove that the buyer was a minor, the birth certificate or any proof
of identification indicating the date of birth of the minor should be
taken.
Notably, RA 9344 relieves minors fifteen (15) years of age or under from any
criminal liability. Hence, minors fifteen (15) years old or younger may freely
testify without fear of incurring liability. 91
4.2. Purchase of cigarettes or any tobacco product from a minor
It is unlawful for any person to purchase cigarettes or tobacco products from a

minor.
The following are the elements constituting the offense of purchasing cigarettes
or tobacco products from a minor:
(1) The violator is a buyer.
(2) He buys cigarettes or tobacco products from a seller. The violator

must have actually bought the cigarettes or tobacco products.
90 It should be noted however that in the sale of tobacco products, the common practice is
the non-issuance of receipts despite proscription under the National Internal Revenue Code or
receipts without the seller-establishment’s name. Hence, it is advisable to just gather testimonies
of witnesses. The fact that business permits, books of account and other business records could not
be presented as evidence will not be detrimental to the case as testimonies of witnesses could be
used to prove that the retailer is selling tobacco products.
91 Rep. Act No. 9344 (Juvenile Justice and Welfare Act of 2006), Sec. 6.
Excluded from the ambit of this offense are mere inquiries made by
an individual regarding the tobacco products for sale. Mere viewing
of tobacco products is likewise beyond the contemplation of this
offense.
(3) The seller is a minor.
The following evidence must be gathered to prove that the buyer purchased
from a minor:
1. To prove that the buyer bought cigarettes or tobacco products, any of the
following may be adduced:
b. Receipts, monies and the tobacco subject of the transaction; OR
c. Videos, video captures or photographs of the actual transaction to
prove that the individual purchased cigarettes or tobacco products;
AND
2. A birth certificate or any proof of identification indicating the date of birth of
the minor to prove the minority of the seller.
As with the previous offense, the testimony of the minor concerned may not
be obtained as this will expose him to liability under Sec. 9(c) of RA 9211, which
punishes a minor who purchases or buys cigarettes/tobacco products.
4.3. Sale of cigarettes or tobacco products by minor
It is unlawful for a minor to sell cigarettes or any tobacco product .92
The following are the elements constituting the offense of selling cigarettes or
tobacco products by a minor:
(1) The violator is a seller.
(2) He is a minor.
(3) He sells cigarettes or tobacco products.
92 Rep. Act No. 9211 (2003), Sec. 9 (c).

Note that there need not be a buyer in order for the minor to be liable under
this offense. It is enough that the minor sells cigarettes/tobacco products to be
punishable.
The following evidence should be gathered in order to prove that the minor
sells tobacco products:
1. Birth certificate or any proof of identification indicating the date of birth of

the minor to prove the minority of the seller; AND
2. Either of the following to prove that the minor sells cigarettes or tobacco
products:
a. Testimony of witness/es to prove that the minor sells cigarettes or
tobacco products.
b. Receipts, monies and the tobacco being sold to prove that the
individual sells tobacco products.
and other videos, video captures or photographs of the minor
selling tobacco products.
4.4. Purchase of cigarettes or any tobacco product by a minor
It is unlawful for a minor to buy cigarettes or any tobacco product. 93
The following elements constitute the offense of purchase of tobacco products

by a minor:
(1) The violator is a buyer.
(2) He is a minor.
(3) He buys cigarettes or tobacco products.
93 Rep. Act No. 9211 (2003), Sec. 9 (c).

1. To prove the purchase of cigarettes, any of the following evidence may be

taken:
b. Receipts, monies and the tobacco subject of the transaction to
prove that the individual actually purchased or was in the act of
purchasing tobacco; OR
and other videos, video captures or photographs of the actual
transaction to prove that the minor bought cigarettes or tobacco
products; AND
2. Birth certificate or any proof of identification indicating the date of birth of
the minor to prove the minority of the buyer.
4.5. Smoking of cigarettes or any tobacco product by a minor
Smoking of cigarettes or any tobacco product by a minor is prohibited. 94
(1) The violator is a minor.

(2) He smokes cigarettes or tobacco products. The minor is considered to be
smoking cigarettes or tobacco products if he is carrying a lighted cigarette or
other tobacco products, whether or not it is being inhale or smoked. 95 The
mere carrying of a lighted cigarette is enough to hold the minor liable. The
cigarette, however, must be lighted.
The following evidence must be gathered in order to prove the elements of this
offense:
1. To prove the minority of the child, a baptismal certificate or any other
pertinent documents. In the absence of these documents, age may be based
on information from the child himself/herself, testimonies of other persons,
the physical appearance of the child; 96 AND
94 Rep. Act No. 9211 (2003), Sec. 9 (d).

95 Rep. Act No. 9211 (2003), Sec. 4 (p).
96 Rep. Act No. 9344 (2005), Sec. 7.
2. Either of the following to prove that the minor was smoking:

a. Testimony of witness/es to prove that the minor smoked cigarettes
or tobacco products; OR
b. Videos, video captures or photographs showing that the minor is
smoking cigarettes or tobacco products;
c. The cigarette, cigarette butts, or tobacco products which were
being smoked by the minor.
4.6. What is the penalty for any Minimum Age Sales offense?
If the minor is a violator, the following rules will apply:

b. If the minor is below fifteen (15) years of age or above fifteen (15) but
below eighteen (18) years old who acted without discernment he is
exempt from criminal liability. However, the child shall be subjected
to an intervention program pursuant to Section 20 of RA 9344. 97
c. If the minor is above fifteen (15) years of age but below eighteen (18)
years old who acted with discernment he shall undergo diversion
proceedings without undergoing court proceedings as long as the
child voluntarily admits to committing the offense and his/her parent
or guardian consents to the diversion. 98 However, if the minor offender
violates the diversion contract, the offended party may institute legal
proceedings against the minor. If the parents or guardian of the minor
does not consent to the diversion 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 correspondingly charged in
court.99
As to offenders who are NOT minors, the following penalties will apply:
• Fine: P5,000, OR
• Imprisonment: 30 days maximum
Succeeding offenses
• Fine: P5,000, AND
• Imprisonment: 30 days maximum, AND
• Revocation of business licenses and permits in case of business
establishments.
97 Rep. Act No. 9344 (2005), Sec. 6.
98 Rep. Act No. 9344 (2005), Secs. 23 & 26.
99 Rep. Act No. 9344 (2005), Sec. 28.
These penalties apply to minors who buy and/or sell tobacco products, and to
individuals and establishments who buy and/or sell tobacco products to/from
minors.
4.7. What are examples of local ordinances that regulate the sale/
purchase of tobacco products to/from minors?
Below are the ordinances in Quezon, Makati, Manila, and Marikina cities which
apply to minors.
4.7.1. Quezon City
4.7.1.1. What is the applicable ordinance in Quezon City that regulates

the sale/purchase of tobacco products to/from minors?
A. Quezon City Ordinance Number. SP 1420, S-2004. An Ordinance Modifying

Ordinance No. NC-73, S-89, as amended, entitled “Banning Smoking in
Public Places in Quezon City and Imposing Penalty for Violation Thereof” and
expanding the coverage thereof in order to implement the intent and spirit
contemplated in Republic Act No. 9211, otherwise known as the “Tobacco
Regulation Act of 2003.”
4.7.1.2. What acts are penalized?
The following acts are declared unlawful:

1. Selling or distributing cigarettes or tobacco products to any minor.
The ordinance provides that this may be committed by any retailer
of cigarettes or any other tobacco products. A retailer is any person
or entity that sells cigarettes and tobacco products to individuals
for personal consumption. Therefore, individuals, and not only
establishments are prohibited from selling tobacco products to
minors.
2. Purchasing cigarettes or tobacco products from a minor. This offense
may be committed by any person.
The person selling or distributing cigarettes or tobacco products cannot raise

the defense that s/he was not aware of the real age of the minor. Neither is
it a defense that such seller did not know that the cigarette would be for the
consumption of the minor to whom it was sold.
Notably, the person purchasing tobacco products from a minor is not precluded
by the ordinance from raising the defense of lack of knowledge of the age of the
minor.
4.7.1.3. What is the penalty for the offense?
The following penalties are meted out to the person or entity who sells to or
purchases tobacco products from a minor:
First offense:
• Fine: P500, OR
• Imprisonment: 5 days, OR
• Both
Second offense:
• Fine: P1,000, OR
• Both
Third and succeeding offenses:

• Fine: P2,000
• Both
If the violation is committed by a retail or sari-sari store, convenience or grocery

store or any other similar business entity, the owner, proprietor, president or
manager will face the penalties for individuals. Moreover, the business permit
or license to operate business of such establishment will be revoked.
4.7.1.4. How is the Quezon City Ordinance different from RA 9211?
In Section 9 of the local ordinance regarding minors, only two acts are
enumerated as unlawful: (1) the sale by a retailer of tobacco products to a minor,
and (2) the purchase by a person of tobacco products from a minor.
By contrast, in addition to the two aforementioned acts, RA 9211 also penalizes:

(1) the purchase by a minor of tobacco products, and (2) the smoking by a minor
of tobacco products.
The local ordinance, however, in Section 11 which prescribes penalties, also

states that if a minor is caught selling, buying, or smoking cigarettes or any
tobacco products, then the provisions of Article 189 of the Child and Youth
Welfare Code (P.D. 603) will apply.
4.7.2. Makati City
4.7.2.1. What is/are the applicable ordinance/s in Makati City on the

regulation of the sale/purchase of tobacco products to/from
minors?
A. Makati City Ordinance No: 2001-082 (2001). An ordinance prohibiting any

person from instructing, ordering, sending into an errant or co-opting any
person of minor age to purchase or acquire beer, liquor and other intoxicating
beverages, cigarettes and other tobacco products from retail stores, sari-sari
stores, convenience stores and other similar business establishments within the
City of Makati, further mandating these establishments to post a notice that
selling of beer, liquor and other intoxicating beverages, cigarettes and other
tobacco products to minors is prohibited by law and providing penalties for
violation thereof.
B. Makati City Ordinance No: 93-259 (1993). An ordinance prohibiting minors,

seventeen years old and below from smoking cigarettes or using any other
tobacco product within the territorial jurisdiction of Makati and providing
penalties for violation thereof.
The following acts are declared unlawful in the city of Makati:
1. Selling cigarettes or tobacco products to minors. This prohibition

applies to all retail stores, sari-sari stores, convenience stores and other
similar establishments in Makati City.
2. Instructing, ordering, sending into an errant or co-opting a minor to
purchase cigarettes or other tobacco products. This prohibition applies
to any person.
3. Smoking by minors.
4.7.2.3. What are the penalties for the offense?
Offense: Selling tobacco products to minors;
The following penalties are meted out to the person or entity that sells tobacco
products to minors:
First offense:
• Fine: P500. 100 OR
• Community service (duration is at the discretion of the court), AND
Second offense:
• Fine: P1,000, OR

• Fine: P2,000, OR
In case of a business establishment, its business license/permit may also be

canceled or revoked at the discretion of the city mayor.
Offense: Instructing, ordering, sending into an errant or co-opting a minor

to purchase cigarettes or other tobacco products.
The following penalties are meted out to the person or entity that instructs,
orders, or sends a minor to purchase tobacco products:
First offense:
• Fine: P500. 101 OR
• Community service (duration is at the discretion of the court)
Second offense:
• Fine: P1,000, OR

• Fine: P2,000, OR
Offense: Smoking by a minor
The following penalties are meted out to minors who smoke:
100 In lieu of the monetary fine, the penalty of community service may be imposed on any offending party.
101 In lieu of the monetary fine, the penalty of community service may be imposed on any offending party.
First offense:
• Warning
• If the minor is a student, he is required to bring his parents or guardians
to school for a reprimand or lecture.
Second offense:
• Fine: P500
Third offense and succeeding offenses:

• Fine: P1,000, OR
• Both
4.7.2.4. How are the Makati ordinances different from RA 9211?
The offense of selling cigarettes or tobacco products to a minor is applied only

to retail stores, sari-sari stores, convenience stores and other similar business
establishments. Hence, sidewalk vendors and the like are not punishable
under the ordinance unlike in RA 9211 which broadly defines retailers to
include these individuals.
It should also be noted that what is penalized is when the minor purchases
tobacco products from retail stores, sari-sari stores, convenience stores and
other similar business establishments within the City of Makati. Hence, if the
minor is instructed, ordered, sent into an errand, or co-opted to buy tobacco
products from individuals selling on the streets or sidewalks from these
individuals, the Ordinance does not apply unlike in RA 9211 which broadly
defines retailers to include these individuals.
The Makati ordinance punishes the person who instructs, orders, and sends
into an errand or co-opts the minor to buy tobacco products unlike RA 9211
which punishes instead the minor.
4.7.3. Manila City
4.7.3.1. What is the applicable ordinance/s in Manila City on the regulation

of the sale/purchase of tobacco products to/from minors?
A. Manila City Ordinance No: 7824, (1993). An ordinance prohibiting the selling
of cigarettes, and cigarette paraphernalia to minors and providing penalties for
violation thereof.
The following acts are declared unlawful:
1. Selling, transferring and conveying possession or ownership of

cigarettes or cigarette paraphernalia to a minor. This may be
committed by any person.
4.7.3.3. What are the penalties for the offenses?
Offense: Smoking by a minor
The following penalties are meted out to the minor who smokes:
First offense:
• Community service: 4 hours.102
Second offense:
• Community service: 8 hours.
Third and subsequent offense:

• Fine: P500, OR
• Community service: 16 hours, OR
• Both
Offense: Selling, transferring and conveying possession or ownership of

cigarettes or cigarette paraphernalia103 to a minor
The following penalties are meted out to the person or entity who sells
cigarettes or cigarette paraphernalia to a minor:
First offense:
• Fine: P200
Second offense:
• Fine: P500
102 The minor will render community service to the City Government under the supervision of the Youth
Development and Welfare Bureau.
103 Cigarette and cigarette paraphernalia have been defined in Section 1 of Manila City Ordinance No. 7842
as cigar or cigarette, whether imported or manufactured locally, including tobacco and such other leaves
whether imported or grown locally, and the rolling paper by which these leaves may be used for smoking.

• P1,000, OR
• Imprisonment: 6 months, OR
• Both
4.7.3.4. How are the Manila ordinances different from RA 9211?
The act of transferring possession or ownership of a cigarette or cigarette

paraphernalia to a minor, whether he bought it for a consideration or not, is
punishable under the ordinance unlike RA 9211 where it is only punishable
when the minor actually purchases the tobacco product unless the act would
fall under Section 25 of RA 9211 (giving of samples to minors).
On the other hand, a “seller” under the Manila Ordinance is defined as any person
who offers to customers the transfer of possession/ownership of cigarettes and
cigarette paraphernalia in exchange of money or kind.104 Hence, the mere act
of offering to a minor will constitute a violation of the Ordinance and penalty
will attach against the person who offered unlike in RA 9211 whereby the seller
must have actually sold tobacco products to minors to be liable.
4.7.4.Marikina City
4.7.4.1. What is/are the applicable ordinance/s in Manila City on the

regulation of the sale/purchase of tobacco products to/from
minors?
A. Marikina City Ordinance No. 200, (2001). An ordinance prohibiting the selling
of cigarettes, other tobacco products and cigarettes paraphernalia to minors
within the City of Marikina and providing penalties for violation thereof.
B. Marikina City Ordinance No. 201, (2001). An ordinance prohibiting minors

from smoking cigarettes and other tobacco products within the City of
Marikina and providing penalties thereof
4.7.4.2. What acts are punished?
The following acts are prohibited in the City of Marikina:
1. Selling but also transferring and conveying possession or ownership

of cigarettes or cigarette paraphernalia to minors. This prohibition
applies to any natural or juridical person.
104 Manila City Ordinance 7842, Sec. 1 (b).
4.7.4.3. What are the penalties for the offenses?
Offense: Selling, transferring and conveying possession or ownership of

cigarettes or cigarette paraphernalia to a minor
The following penalties are meted out to the person or entity that sells cigarettes
or cigarette paraphernalia to a minor:
First offense:
• Fine: P500. OR
• Community service
Second offense:
• Fine: 1,000, OR

• Fine: P2,000 OR
Offense: Smoking by minors:
The following penalties are meted out to a minor who smokes:
First offense:
• Community service: 4 hours
• If in school, render community service in school.
• If out of school youth, render community service under the supervision
of the City Health Office and will undergo counseling by any preferred
religious sect.
Second offense:

4.7.4.4. How is the Marikina City Ordinance different from RA 9211?
A “seller” under the Manila Ordinance is defined as any person who offers to
customers the transfer of possession/ownership of cigarettes and cigarette
paraphernalia in exchange of money or kind.105 Hence, the mere act of
offering to a minor will constitute a violation of the Ordinance and penalty will
attach against the person who offered unlike in RA 9211 whereby the seller
must have actually sold tobacco products to minors to be liable.
5. OFFENSE: SALE OF TOBACCO PRODUCTS

WITHIN SCHOOL PERIMETERS
The sale or distribution of tobacco products is prohibited within one hundred

(100) meters from any point of the perimeter of a school, public playground or
other facility frequented particularly by minors.106
5.2 What are the elements of the offense?
The following are the elements that must be proven for this offense:
(1) The violator is the seller or distributor. A retailer is any person or entity
that sells tobacco products to individuals for personal consumption.107
On the other hand, a distributor is any person to whom a tobacco
product is delivered or sold for purposes of distribution in commerce.
A manufacturer, retailer, or a common carrier is not considered a
distributor.108 A wholesaler109 may be considered a distributor, while a
rolling store110 may be considered a retailer.
The seller or the distributor need not have a permit to come within
the scope of the law. Notably, before a business entity is allowed to
sell tobacco, it is required by local ordinance to secure the required
business permit. If it sells without the required permit, it is not only
penalized under that local ordinance for operating without a business
permit, but under this law as well.
106 Rep. Act No. 9211 (2003), Sec. 10.
107 Rep. Act No. 9211 (2003), Sec. 4 (o).
108 Rep. Act No. 9211 (2003), Sec. 4 (e).
109 A wholesaler is a “purchaser [who] buys or imports the commodities for resale to persons other than the end
user regardless of the quantity of the transaction (Rep. Act. No. 7160, Book II, Title One, Chapter 1, Sec 131(31).
110 A rolling store is a mobile store in the form of a 4-wheeled vehicle, a trailer or any movable devise/facility
which maybe taken in places where it is needed and allowed to operate. (Revised Rules and Regulations of
National Food Administration on Grains Business (Pres. Decree No. 4), Regulation I (161).
(2) He sells or distributes tobacco products. The term “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 for smoking or oral or nasal use. 111
(3) The sale or distribution is within 100 meters from any point of the
perimeter of a school, public playground or other facility frequented
by minors. The term “perimeter” refers to any point in the boundaries
as indicated in the Original Certificate of Title or Transfer Certificate of
Title of the tracts of land that is actually used or occupied by a school,
public playground or other facility frequented particularly by persons
below eighteen (18) years of age, whether or not said tract of land is
separated from adjacent tracts by a wall or fence. 112
The following evidence must be gathered in order to prove the offense:
1. Either of the following to prove that tobacco products were sold or

distributed by the violator within one hundred (100) meters from any
point of the perimeter of a school, public playground, or other facility
frequented by minors:
b. Video recording or photographs; AND/OR
2. A Certified Land Title of the lot where the store is located; AND/OR
3. A Geodetic Engineer’s Certified measurement of the distance from the
store where the cigarettes are sold or distributed to the school, public
playground or other facility frequented by minors.
5.4. What are the penalties for the offense?
First offense
• Imprisonment: maximum of 30 days
Succeeding offenses
• Imprisonment: maximum of 30 days, AND
• Revocation of business licenses or permits
111 Rep. Act No. 9211 (2003), Sec. 4(s).

112 IRR of RA 9211 (2004), Title I, Rule III, Sec. 1.15.
The owner, president, manager, or the most senior officers of the company
thereof shall be liable for the offense.
5.5. What local ordinance/s penalize the sale of tobacco products within
school perimeters?
5.5.1 Quezon City
5.4.1.1. What is the applicable ordinance?
Quezon City Ordinance Number. SP 1420, S-2004. An Ordinance Modifying

Ordinance No. NC-73, S-89, as amended, entitled “Banning Smoking in
Public Places in Quezon City and Imposing Penalty for Violation Thereof” and
expanding the coverage thereof in order to implement the intent and spirit
contemplated in Republic Act No. 9211, otherwise known as the “Tobacco
Regulation Act of 2003.”
5.5.1.2. What are the acts penalized?
It is declared unlawful to sell or distribute cigarettes or tobacco products

within 100 meters from any point of perimeter of the school, playground, or
any other facility frequented by minors.
5.5.1.3. What is the penalty for the violation?
Individuals:
First offense:
• Fine: P500, OR
• Both
Second offense:
• Fine: P1,000, OR
• Both

• Fine: P2,000
• Both
Business establishments:
If the violation is committed by a retail or sari-sari store, convenience or grocery

store or any other similar business entity, the owner, proprietor, president or
manager will face the penalties for individuals. Moreover, the business permit
or license to operate business of such establishment will be revoked.
C. HEALTH WARNINGS
6. NON-COMPLIANCE WITH THE REQUIRED HEALTH WARNINGS ON
PACKAGES OF TOBACCO PRODUCTS INTENDED FOR SALE IN THE
PHILIPPINES
All packages in which tobacco products are provided to consumers, withdrawn

from the manufacturing facility of all manufacturers or imported into
the Philippines intended for sale to the market, that is meant for sale and
consumption within the Philippines, should contain health warnings starting 1
January 2004.
6.1.1. What should these warnings contain?
The warnings should be printed, in either English or Filipino, on a rotating basis

or separately and simultaneously and should contain any of the following:
a. “GOVERNMENT WARNING: Cigarette Smoking is Dangerous to Your
Health”
(“BABALA: Ang Paninigarilyo ay Mapanganib sa Iyong Kalusugan”);
b. “GOVERNMENT WARNING: Cigarettes are Addictive”
(“BABALA: Ang Sigarilyo ay Nakaka-adik”);
c. “GOVERNMENT WARNING: Tobacco Smoke Can Harm Your Children”
(“BABALA: Ang Usok ng Sigarilyo ay Mapanganib sa mga Bata”); and
d. “GOVERNMENT WARNING: Smoking Kills”
(“BABALA: Nakamamatay ang Paninigarilyo”).
6.1.2. How often should the warnings be rotated?
The warning should be rotated periodically, or separately and simultaneously

printed, so that within any twenty-four (24) month period, the four (4) variations
of the warnings shall appear with proportionate frequency.
6.1.3. Where should these warnings be placed?
The health warning should be on the bottom portion of one (1) front panel of
every tobacco product package and occupy not less than thirty percent (30%)
of such panel including any border or frame.
6.1.4. Are there any specifications/restrictions?
The text of the warning shall appear in clearly legible type in black text on a
white background with a black border and in contrasts by typography, layout
or color to the other printed materials on the package. The health warning shall
occupy a total area of not less than thirty percent (30%) of the panel including
the border and frame.
The Implementing Rules of RA 9211 further mandate that the health warnings
shall be clearly displayed. Hence, they shall not be hidden or obscured by other
printed information or images, or printed in a location where tax or fiscal stamps
are likely to be applied to the package or placed in a location where it will be
damaged when the package is opened.
However, if the warning is likely to be obscured or obliterated by a wrapper

on the package, the warning must be printed on both the wrapper and the
package.
6.1.5. What else should be placed in addition to the health warning?
All packages of tobacco products that are provided to consumers shall contain,
on one side panel, the following statement in a clear, legible and conspicuous
manner: “NO SALE TO MINORS” or “NOT FOR SALE TO MINORS.”
Such shall occupy an area of not less than ten percent (10%) of the side panel
and shall appear in contrast by color, typography or layout with all the other
printed material (on the side panel).
Aside from the health warning and the aforementioned statement, no other
printed warnings, except the health warning and the message required should
be placed on cigarette packages.
A package containing tobacco products is in

violation of Section 13 of RA 9211 if it fails to comply
with any of the following requirements:
(1) The manufacturer/importer prints the

following warnings on the cigarette packages:
a. “GOVERNMENT WARNING: Cigarette
Smoking is Dangerous to Your Health”
(“BABALA: Ang Paninigarilyo ay
Mapanganib sa Iyong Kalusugan”);
b. “GOVERNMENT WARNING: Cigarettes
are Addictive”
(“BABALA: Ang Sigarilyo ay Nakaka-adik”);
c. GOVERNMENT WARNING: Tobacco Smoke Can Harm Your Children”
(“BABALA: Ang Usok ng Sigarilyo ay Mapanganib sa mga Bata”); and
d. “GOVERNMENT WARNING: Smoking Kills”
(“BABALA: Nakamamatay ang Paninigarilyo”)
e. “NO SALE TO MINORS” / “NOT FOR SALE TO MINORS”
(2) The warning is located on the bottom portion of one front panel of
every product package.
113 Rep. Act No. 9211 (2003), Sec. 13.

(3) The warning occupies not less than 30% of such panel, including the border or
frame.
(4) The text of the warning must conform to the following:
a. It must appear in clear, legible, and conspicuous manner
b. It must be in black text
c. It must use either Helvetica or Arial (fonts)
d. It must be on a white background
e. It must have a black border and
f. It must be in contrast by typography, layout or color to the other
printer materials on the package.
(5) The health warni ng occupies a total area of at least 50% of the warning
frame.
(6) The warnings are rotated periodically. Every 24 months, the 4 variations
of health warnings must appear with proportional frequency.
(7) The warning must not be hidden or obscured in any way.
(8) The warning must not be damaged when the packaged is opened.
(9) The size panel must have a conspicuous warning: NO SALE TO MINORS
or NOT FOR SALE TO MINORS, which must occupy not less than 10% of
the side panel.
6.2.1. What are the most common kinds of violations?

Typical violations include: placing of stickers on packages instead of printing,
non-compliance with the font size requirement, obscuring the warning by
placing a sticker or tax stamp over it, and making the border so thick as to take
focus away from the warning.
6.3. How do you prove the violation?
The following should all be gathered in order to prove the violation:

1. The actual package containing the tobacco products. This will best
prove the non-compliance with the legal requirements; AND
2. Evidence showing that the non-complaint packages in question are
being sold. This may be proven by either of the following:
a. Photographs or videos
b. Affidavits of witness/es
In case of instances wherein there is no Health Warning, but For Export Only
is indicated in the pack, not only should the actual package containing the
product be retained, but the name of the establishment as well as the date of
purchase should be taken note of.
6.4. What is the penalty imposed for a violation?
The following penalties are imposed on the manufacturer or retailer of the non-
compliant packages of tobacco products: 114
First offense:
• Fine: P100,000 maximum, OR
• Imprisonment: 1 year maximum, OR
• Both
Second offense:
• Imprisonment: 2 years maximum, OR
• Both

• Revocation of business permit and license, AND
• Imprisonment: 3 years maximum.
In case of a business entity or establishment, the owner, president, manager or

officials thereof shall be liable.
If the guilty officer is an alien, he shall summarily be deported after serving his
sentence, and shall forever be barred from entering the Philippines.
114 Rep. Act No. 9211 (2003), Sec. 32 (c).

D. PROMOTIONS, ADVERTISING, AND SPONSORSHIPS

Certain restrictions are placed on tobacco advertisement and promotions in
order to carry out the Purpose of RA 9211 to promote a healthful environment,115
to inform the public of the health risks associated with cigarette smoking,116 to
regulate and subsequently ban all tobacco advertisements and sponsorships,117
and to regulate the labeling of tobacco products. 118
In line with the above goals, the following restrictions apply to ALL tobacco
advertising:
1. Advertisement shall not be aimed at or particularly appeal to persons
under eighteen (18) years of age.
2. Advertisement shall not feature a celebrity or contain an endorsement,
implied or express by a celebrity.
3. Advertisement shall not contain cartoon characters or subjects that
depict humans or animals with comically exaggerated features or that
attribute human or unnatural characteristics to animals, plants or other
objects.
4. Advertisement shall not show, portray or depict scenes where the
actual use of, or the act of using, puffing or lighting cigarettes or other
tobacco products is presented to the public. 119
In addition to the restrictions above, specific limitations apply to different kinds

of advertising, to be discussed below.
The different offenses in connection with tobacco advertisement and promotion

are the following:
• Non-compliance with advertisement requirements in mass media
(See Section 7, Part II of this Manual)
• Violation of restrictions on advertising in audio, video, and computer
cassettes, discs and similar medium (See Section 8, Part II of this
Manual)
• Violation of restriction on advertising on the Internet (See Section 9,
Part II of this Manual)
115 Rep. Act No. 9211 (2003), Sec. 3 (a).

116 Rep. Act No. 9211 (2003), Sec. 3 (b).
117 Rep. Act No. 9211 (2003), Sec. 3 (c).
118 Rep. Act No. 9211 (2003), Sec. 3 (d).
119 Rep. Act No. 9211 (2003), Sec. 15.
• Violation of advertisement bans (See Section 10, Part II of this Manual)

• Violation of restrictions on tobacco promotions (See Section 11, Part II
of this Manual)
• Violation of restrictions on naming rights (See Section 12, Part II of this
Manual)
• Tobacco sponsorship (See Section 13, Part II of this Manual)
• Violation of sample restrictions (See Section 14, Part II of this Manual)
7. NON-COMPLIANCE WITH
ADVERTISEMENT REQUIREMENTS
There are four acts penalized under this section. These are non-compliance in
the following modes of advertisement:
7.1 Mass media, in general
7.2 Print and outdoor advertisement
7.3 Cinema and television advertisement
7.4 Radio advertisement
Notably, while all tobacco advertising on television, cable television and radio
are now prohibited, tobacco advertising is still allowed if made in point-of-sale
establishments. 120
In the discussion below, “tobacco advertising” is 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 broadcasts, electronic, print or whatever form of mass media, including
outdoor advertisements, such as but not limited to signs and billboards. 121
7.1. Non-compliance with requirements for mass media, in general
All tobacco advertising in mass media should contain a health warning that
cigarette smoking is dangerous to one’s health.122
120 Rep. Act No. 9211 (2003), Sec. 22.

121 Rep. Act No. 9211 (2003), Sec. 4(a).
122 Rep. Act No. 9211 (2003), Sec. 14.
(1) There is a tobacco advertisement in mass media. Mass media refers to

any medium of communication designed to reach a mass of people.
Examples of mass media include print media (e.g., newspapers,
magazines, publications), broadcast media (e.g., radio, television,
cable television, and cinema), and electronic media (e.g., internet).123
However, communications designed to reach persons by private,
postal, or regular mail, electronic mail, and similar means are not
considered as mass media.124
(2) The advertisement does not contain a health warning that cigarette
smoking is dangerous to one’s health.
The following should be gathered in order to prove the violation:
1. Photographs or video capture or video recording of the advertisement to

prove: (a) that there was a tobacco-related print advertisement; and (b)
that the advertisement did not have the requisite health warning; AND
2. The testimony of witness/es to prove that such tobacco advertisement

was indeed aired.
7.2. Non-compliance with requirements for print and outdoor

advertisement
For print and outdoor advertisement, the law provides that the warning frame
should be centered across the bottom of the advertisement and occupy a total
area of not less than fifteen percent (15%) of such advertisement including
any border or fame. The text of the health warnings should be clearly visible
and legible, printed in a prominent color as approximate and shall appear in
contrast by color, typography or layout with all other printed material in the
advertisement. The warning shall not be hidden or obscured by other printed
information or images in the advertisement.
123 Rep. Act No. 9211 (2003), Sec. 4(f ).

(1) There is a print advertisement for tobacco.
(2) Either of the following attends the print advertisement:

a. The print advertisement does not have the mandated health
warning: GOVERNMENT WARNING: Cigarette Smoking Is
Dangerous To Your Health.
b. Or, if there is such a warning, either of the following defects are
present:
i. The warning is not centered
ii. The warning does not occupy a total area of not less than
15% of such advertisement;
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.
1. The print advertisement itself. This would be the best proof of non-
compliance with the requirements set forth by the law; AND
2. Either of the following to prove that such print advertisement was
disseminated or shown to the public:
a. The testimony of witness/es who saw the advertisement, OR
b. Photographs or video capture or video recording showing that
the print advertisement was disseminated to or seen by the
public.
7.3. Non-compliance with requirements for cinema and television

advertisement
For television and cinema advertisements, the warning should be clearly

shown and voiced over in the last five (5) seconds of the advertisement. This
requirement applies regardless of the duration of the advertisement, and even
when such advertisement is silent. The health warning should occupy a total
area of not less than fifty percent (50%) of the television screen. The warning
should also be clearly visible, legible, and audible, in black text on white
background or white text on black background. No other images except in
writing should be included in the warning frame. 125
7.3.1 What are the elements of the offense?
The following elements must be present:
(1) There is a tobacco advertisement in television or in the cinema.

(2) Either of the following attends the advertisement:
a. There is no mandated health warning “GOVERNMENT WARNING:
Cigarette Smoking Is Dangerous To Your Health”
b. The health warning is not voiced over in the last five (5) seconds of
the advertisement;
c. If there is a health warning, the following defects are present:
i. The health warning occupies less than fifty percent (50%) of
the screen;
ii. The health warning is not visible, legible, and audible;
iii. It is not in black text on white background or white text on
black background; or
iv. There are other images included in the warning frame.
1. Photographs or video capture or video recording of the advertisement

to prove: (a) that there was a tobacco-related advertisement; and (b)
that the advertisement did not have the requisite health warning;
AND

was indeed aired in television or in the cinema.
7.4. Non-compliance with requirements for radio advertisement
For radio advertisement, the warnings stated after the advertisement should be
clearly and audibly voiced over in the last five (5) seconds of the advertisement.
This requirement applies regardless of the duration of the advertisement.
125 Rep. Act No. 9211 (2003), Sec. 14 (c).

(1) There is a tobacco advertisement over the radio.

(2) It does not comply with either of the following requirements:
a. There was no health warning voiced over in the last five (5)
seconds of the advertisement; OR
b. If there was a warning, it was not voiced over clearly and audibly.

1. A tape recording of the advertisement to prove: (a) that there was a
tobacco-related advertisement; and (b) that the advertisement did
not have the requisite health warning; AND
was indeed aired over the radio.
7.5. What is the penalty imposed for a violation of any of the offenses
above?
The following penalties are meted out to the violator: 126

First offense:
• Both
Second offense:
• Both
Third offense:

126 Rep. Act No. 9211 (2003), Sec. 32(c).

7.6. Comment
The law does not state who the violator is. Notably, however, the law defines
an “advertiser” as any person or entity on whose account or for whom an
advertisement is prepared and disseminated by the advertising agency, which
is service established and operated for the purpose of counseling or creating
and producing and/or implementing advertising program in various forms of
media. Hence, the advertiser pertains not to the advertising agency, but to the
tobacco company for whose benefit the advertisement is made. The liability
under this offense should therefore pertain to the tobacco company.
The retailer who distributes such ads in his establishment, together with the
advertising agency that made the advertisement, should also be held liable.
However, absent a clear provision making them liable, the requirements
provided by Sec. 14 may not be imposed upon them, considering that penal
laws are to be construed liberally in favor of the accused.
8. NON-COMPLIANCE WITH THE

RESTRICTIONS ON TOBACCO ADVERTISING
IN AUDIO, VIDEO AND COMPUTER
CASSETTES/DISCS AND SIMILAR MEDIUM
No electronic advertisements should be incorporated within any video or

audio cassette, videogame machine, optical disc or any similar medium. This is
allowed only if access to the item is restricted to persons eighteen (18) years of
age or older. 127
To prove a violation of Section 20 one must show that:
(1) There is a tobacco advertisement. 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. 128
(2) The advertisement is in electronic form;
(3) The advertisement is incorporated within any video or audio cassette,

videogame machine, optical disc or any similar medium. 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;
(4) Access to the item is not restricted to persons 18 years of age or

older.
The evidence needed to prove the commission of the crime are the following:
127 Rep. Act No. 9211 (2003), Sec. 20.

128 Rep. Act No. 9211 (2003), Sec. 4 (a).
1. Video or audio cassette, videogame machine, optical disc or any

similar medium to best prove that the device contains a tobacco
advertisement; AND
2. Either of the following to prove that access to the item is not restricted
to persons 18 years of age or older:
a. Testimony of a witness/es who have seen or made use of such
audio cassette, videogame machine, optical disc or any similar
medium. The testimony of a minor who was able to access the
item would be best.
b. Video recordings or photographs showing that the device
contains tobacco advertisement and that it may be accessed by
any individual, regardless of age.
The following penalties are meted out to the non-compliant retailer: 129
First offense:
• Both
Second offense:
• Both
Third offense:

129 Rep. Act No. 9211 (2003), Sec. 32(c).

8.5. Comment
Unlike in the sale/distribution of tobacco products, there is no law which

prohibits the sale/distribution of video/audio cassette, videogame machine,
optical disc or any similar medium with tobacco advertisement to minors.
Furthermore, the Philippines does not have a ratings system which serves to
regulate the sale of such items to a certain age group based on its content or
theme (i.e. excessive violence, sexual content, etc). These factors may serve as
detriments to apprehending possible violators of this provision as the buyers of
such items might not know of the existence of the electronic advertisements
until they view it (usually in their own residence). The reporting procedure
provided for by law might seem too cumbersome to the ordinary buyer, who
may just opt to just stay silent as such advertisement poses no apparent threat
to their health.
Moreover, the law does not state clearly 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.
9. NON-COMPLIANCE WITH THE

RESTRICTIONS ON ADVERTISING ON THE
INTERNET
Advertisements are prohibited on the Internet and other similar medium unless
that Internet site is restricted to persons eighteen (18) years of age or older.
A site will be considered restricted if a person cannot obtain access beyond
the first page of the website unless the persons has established that he or
she is at least eighteen (18) years old. This limitation applies to commercial
communications and will not prevent the use of company Internet websites to
provide information regarding a company, its products and smoking and health
related information. Notably, business-to-business transactions conducted
on the Internet, and other similar medium between tobacco manufactures,
retailers and distributors are not prohibited by the law. 130
The following elements must be present:
(1) There is an advertisement of tobacco products. 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 broadcasts,
electronic, print or whatever form of mass media. 131 On the other
hand, tobacco product is defined as 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. 132
(2) The advertisement is done through the Internet or a similar medium.
(3) Such advertisement is made on an Internet site, which is not restricted

to persons eighteen years of age or older. A site will be deemed
restricted if a person cannot obtain access beyond the first page of
the website unless the person has established that he or she is at least
eighteen (18) years old.
130 Rep. Act No. 9211 (2003), Sec. 21.

131 Rep. Act No. 9211 (2003), Sec. 4(a).
132 Rep. Act No. 9211 (2003), Sec. 4(s).
(4) The advertisement is not a company website which provides

data regarding a company, its products and smoking and health
related information. This last element serves as an exception to the
prohibition on tobacco advertising in the Internet.
The following evidence must be gathered in order to prove non-compliance

with the legal restrictions on tobacco advertising over the Internet:
1. Printout of the first page of the website to prove the site is not
restricted (i.e. it does not require proof that a person accessing the
site is eighteen (18) years old or older and that the website is not a
company website); AND
2. A printout of the web page containing the tobacco advertisement to
prove such advertisement; AND
3. Certification from the person who printed the abovementioned to
prove the authenticity of the printout; AND
4. Testimony of witness/es to prove: (a) that there was a tobacco
advertisement in the Internet, and (b) that the advertisement is not
restricted to persons over 18 years of age.
The following penalties apply to the non-compliant tobacco company:133
First offense:
• Both
Second offense:
• Both
Third offense:
133 Rep. Act No. 9211 (2003), Sec. 32(c).


9.5. Comment
The limitation is only made to apply to non-restricted sites i.e. those that may
be accessed by persons below eighteen years of age. This means that restricted
sites are not included in the restriction. If the intent for the limitation is to ensure
that tobacco products are not promoted to minors,134 then there is a problem
as some minors are able to easily access some of these restricted sites by filling
in false information as regards their age.
Company websites are excluded from the restriction. Access to these sites may
be easily gained. In these sites, information about their products is given and
this may be considered as a form of advertisement which renders nugatory the
intent of the law. 135
134 Rep. Act No. 9211 (2003), Sec. 3 (e).

135 Rep. Act No. 9211 (2003), Sec. 3 (c).
10. VIOLATION OF ADVERTISING BANS

(MASS MEDIA, CINEMA AND
OUTDOOR ADVERTISING)
10.1. What forms of advertisement have been banned?
There are four (4) forms of advertisements that have been banned. These are:
1. Tobacco advertising on television, cable television and radio (See
10.3)
2. Tobacco advertising outdoors (See 10.4)
3. Tobacco advertising in cinemas (See 10.5)
4. Tobacco advertising in mass media (See 10.6)
Beginning 1 January 2007, all tobacco advertising on television, cable television

and radio have been prohibited. Starting 1 July 2007, all cinema and outdoor
advertising were prohibited. No leaflets, posters and similar outdoor advertising
materials are allowed to be posted, except inside the premises of point-of-
sale retail establishments. Lastly, beginning 1 July 2008, all forms of tobacco
advertising in mass media were prohibited EXCEPT tobacco advertisements
placed inside the premises of point-of sale establishments. 136
Advertising in any of these places or with the use of these mediums is

prohibited. The other provisions in RA 9211 relating to the partial ban in mass
media, outdoor and cinema advertising have been rendered obsolete when
Sec. 22 came into play on January 2007 for television, cable television and
radio advertising; July 2007 for cinema and outdoor advertising; and July 2008
for mass media advertising. This is in consonance with the law’s purpose, as
stated in Sec. 3, to regulate and subsequently ban all tobacco advertisements
and sponsorships. The only exception is advertisements inside the premises of
point-of-sale establishments.
10.2 What do “advertisement” and “advertising” mean?
An advertisement, as applied to these four offenses, 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.137
136 Rep. Act No. 9211 (2003), Sec. 22.
137 Rep. Act No. 9211 (2003), Sec. 4 (a).
On the other hand, advertising refers to the business of conceptualizing,

presenting, making available and communicating to the public, through any
form of mass media, any fact, data or information about the attributes, features,
quality or availability of consumer products, services or credit.138
10.3. Tobacco advertising on television, cable television and radio
Beginning 1 January 2007, all tobacco advertising on television, cable television

and radio is prohibited.139 There is no exception to this prohibition.

(1) There is a tobacco advertisement; AND
(2) It is shown on television, cable television, or the radio;
The following evidence should be adduced to prove the violation:

(1) Photographs, video capture, video recording, or tape recording
of the advertisement to prove that there was a tobacco-related
advertisement; AND
(2) The testimony of witness/es to prove that such tobacco advertisement

was indeed aired in television, cable television, or on the radio after
January 1, 2007.
10.4. Tobacco advertising outdoors
Beginning 1 July 2007, all outdoor advertising shall be prohibited. No leaflets,

posters and similar outdoor advertising materials be posted, except inside the
premises of point-of-sale retail establishments.140
138 Rep. Act No. 9211 (2003), Sec. 4(b).

139 Rep. Act No. 9211 (2003), Sec. 22, 1st par.
140 Rep. Act No. 9211 (2003), Sec. 22, 2nd par.
For a person to be charged under this offense, the following elements must be
present:
(1) There is a tobacco advertisement;
(2) The tobacco advertising is made outdoors. This means that the
advertisement is posted or installed outside. Examples of these are
leaflets, posters, billboards, signs, or tarpaulins which are posted or
installed outside the establishment;
(3) It is not made within the premises of point-of-sale establishments.
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.141 Itinerant
or ambulant vendors are not covered by the term “point-of-sale.142 Therefore,
sari-sari stores, grocery stores, convenience stores, specialty shops, and the
like which sell cigarettes are point-of-sale establishments. On the other hand,
individuals who sell cigarettes, such as those who walk along streets and sell to
drivers are not covered by the law.
When the law says “inside the premises of point-of-sale establishments”, this
is interpreted to mean literally, that advertisements must be placed inside the
establishment. The act penalized is outdoor advertising. Therefore, even if the
advertisement is placed at the parking lot or at the rooftop of an establishment,
such advertisement still falls under the prohibition since it is not inside the
premises of point-of-sale establishments. To construe otherwise would defeat
the purpose of the law for an outdoor advertisement ban. Therefore, even the
posting or the stringing together of leaflets to form banderitas outside the
point-of-sale establishment is a violation of the law.
A point to note is the possibility that leaflets will be strewn together to form
banderitas. This case is an obvious violation of the law because these are placed
in a location outside the premises of the point-of-sale establishment. If the
leaflets are used for the aforementioned purpose, then such is considered as
outdoor advertising and is, therefore, covered by the ban and is a violation of
the law.
141 Rep. Act No. 9211 (2003), Sec 4 (k).

The following evidence should be adduced to prove the violation:
(1) The advertisement itself, such as the leaflets, posters, and other
advertising materials to prove the existence of such tobacco
advertisement. If these cannot be obtained, as in the case of a
billboard, a photograph, video capture or video recording of such
advertisement would suffice; AND
(2) Photographs, video capture, or video recording showing that the

tobacco advertisement was placed outside the premises of the point-
of-sale establishment.
To strengthen further the proof of the violation, it is also advisable to obtain the
testimony of witnesses that such tobacco advertisement was placed outside the
premises of the point-of-sale establishment. This however, is not indispensable,
if the photographs, video capture, or video recording already clearly show that
the tobacco advertisement was outside the establishment.
10.5. Tobacco advertising in cinemas
All cinema advertising shall be prohibited. No leaflets, posters and similar

outdoor advertising materials be posted, except inside the premises of point-
of-sale retail establishments.143
present:
(1) There is a tobacco advertisement; AND
(2) It is made in connection with the showing of any film. This means
that the prohibition applies not only to on-screen advertising in
the cinemas, but to any kind of advertising in connection with the
showing of any film.144 ; AND
143 Rep. Act No. 9211 (2003), Sec. 22.

144 Rep. Act No. 9211 (2003), Sec. 22 in relation to Sec. 18.
(3) It is not made within the premises of a point-of-sale retail

establishment. This last requirement constitutes an exception.
However this exception would only apply to films where only those
eighteen (18) years old and above are permitted.145
The following should be gathered in order to prove the cinema advertising:
1. The advertisement itself, such as leaflets, posters and other tobacco

advertising materials in relation to the promotion of a particular film.
If the advertisement is shown on-screen, then the original or a copy of
the advertisement should be taken; AND
2. Testimony of witness/es to prove that there was a tobacco

advertisement made in connection with the showing of any film, or
that it was made on-screen in the cinema.
10.6. Tobacco advertising in mass media
Beginning 1 July 2008, all forms of tobacco advertising in mass media shall be
prohibited except tobacco advertisements placed inside the premises of point-
of sale establishments.
present:
(1) There is a tobacco advertisement;
(2) The tobacco advertisement is in mass media. Mass media refers to any
medium of communication designed to reach a mass of people. For
this purpose, 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 not limited to, the internet. However,
145 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.
communications designed to reach persons by private, postal or

regular mail, electronic mail, and similar means are NOT considered as
mass media ; 146 AND
(3) The advertisement is not placed inside the premises of point-of-sale

establishments.
The following should be gathered in order to prove the offense:
1. The original copy of the advertisement would be the best evidence

to prove the existence of such ad. If this cannot be obtained, then
photographs, photocopies, video capture or video recording of the
advertisement may be resorted to. If only a copy is obtained, it would
also be advisable to get a certification from the broadcaster, publisher
or printer that the copy is a certified true copy of the original; AND

was indeed aired or published or communicated.
10.7. What is the penalty for violating the advertising ban?
The following penalties apply to the non-compliant tobacco company, retail

establishment, cinema establishment, or media company:147
First offense:
• Both
Second offense:
• Both
Third offense:
147 Rep. Act No. 9211 (2003), Sec. 32(c).

11.8. What does “inside the premises” in the law mean?
A Petition for Declaratory Relief was filed by Fortune Tobacco asking for a
clarification of the words “inside the premises.” Several tobacco companies have
intervened in the case and their argument is that “inside the premises” must be
construed in the meaning proffered in the Implementing Rules and Regulation
of the law which states that it refers to the tract of land and the building or
buildings thereon, including the open spaces between the buildings located
on the same tract of land and within the perimeter of said tract of land.148 It
is being averred that the ordinary meaning of premises allows for the posting
of advertisements even in the parking lots, on the roof and even on the walls
of point-of-sale establishments regardless if these may be visible from the
outside.
However, note must be given that the law itself is clear and unambiguous
when it states that “all forms of tobacco advertising x x x shall be prohibited
except tobacco advertisements placed inside the premises of point-of-sale
establishments.” 149 Any ambiguity that may be found in this statement must
be resolved by reading the provision in conjunction with the purpose of the
law which is to “regulate and subsequently ban all tobacco advertisements and
sponsorships”150 Construing the phrase “inside the premises” to mean that
advertisements posted in an outdoor public environment, such as parking lots,
is allowed is contrary to the purpose of the law and should not be favored.
148 IRR of RA 9211 (2004). Title I, Rule III, Sec. 1.18.

149 Rep. Act No. 9211 (2003), Sec. 22.
150 Rep. Act No. 9211 (2003) Sec. 3.

There are nine restrictions on tobacco promotions: 151
11.1 Target Market and Participants

11.2 Communications to Consumers
11.3 Points-of-Sale
11.4 Telephone Communications
11.5 Placement of Props in Visual Media
11.6 Cigarette Brands on Smoking Related Paraphernalia
11.7 Cigarette Brands on Merchandise
11.8 Cigarette Brands on Products for Minors
11.9 Advertisements on Shopping Bags
11.1 Target Market and Participants
Promotions must be directed only to persons at least eighteen (18) years old. No
person below eighteen (18) years old or who appear to be below eighteen (18)
years old may participate in such promotions. The participants in promotions
must be required to provide proof of age. 152
Under Sec. 4(l) of the Act, “promotions” refer to 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’s
name, trademark, logo, etc. on non-tobacco products. Promotions include the
paid use of tobacco products bearing the brand names, tradenames, logos,
etc. in movies, television, and other forms of entertainment. Some examples of
promotions are parties, concerts, contests and other social events.
There are three ways to incur a violation of Sec. 23 (a) of RA 9211, due to the
three duties imposed thereunder:
151 Rep. Act No. 9211 (2003), Sec. 23.

152 Rep. Act No. 9211 (2003), Sec. 23(a).
(1) That tobacco promotions be directed only to adults as opposed to

minors;
(2) That no minor or person who appears to be a minor participate in
such promotions; and
(3) That participants in promotions must be required to show proof of
age.
By a plain reading of the provision, it appears that the first and third rules apply
against tobacco manufacturers, distributors or retailers or those who act on
their behalf; while the second applies against minors or those who appear to
be minors. However, reading the statute as a whole and in keeping with its
intendment, it is submitted that all three responsibilities fall on the shoulders of
such manufacturers, distributors and retailers. Thus, a minor or one who looks
like a minor should not be held criminally liable, or even to face charges, for
participating in tobacco promotions. Compliance with this duty should be on
account of the promoter, and not on those sought to be protected.
The elements for a violation of the first duty (tobacco promotions be directed
only to adults as opposed to minors) are:
(1) That tobacco is promoted. “Promotions” are 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’s name, trademark, logo,
etc. on non-tobacco products. This includes the paid use of tobacco
products bearing the brand names, tradenames, logos and the like
in movies, television and other forms of entertainment.153 Other
examples may include sporting and recreational events, concerts and
parties. Note that following this definition, if the event or activity may
take place even without the tobacco manufacturer’s involvement,
it is not a promotion. Thus, where a manufacturer merely sponsors
an event, it does not meet this first element. It may, however, be
punished for violating the ban on sponsorships.
(2) It is directed to minors. Although there is no clear definition of what
the phrase “directed to” means, the reasonable view is that it speaks
of targeting a particular demographic sector in promoting tobacco
products. This element may be problematic because it makes the age
153 Rep. Act No. 9211 (2003), Sec. 4(l).

of eighteen (18) the dividing line between the allowed target market
(adults) and the prohibited target market (minors).154 The intricacy
lies in the fact that in reality, the maturity, preferences and lifestyles
of persons in their mid-teens do not differ substantially from those
of persons in their late teens. In other words, where a promotion
targets the 18 to 20 age bracket, for instance, it may equally appeal
to the 14 to 17 year old segment. In fact, promotions directed to a
twenty-and-above age group may just have the same appeal to the
mid-teen sector. In the absence of a clear demarcation in the law, the
reasonable view would be to treat promotions which may appeal to
minors as promotions directed to minors within the meaning of this
provision.
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. “Promotions” is defined in RA 9211 as 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’s name,
trademark, logo, etc. on non-tobacco products. This includes the paid
use of tobacco products bearing the brand names, tradenames, logos
and the like in movies, television and other forms of entertainment.155
Other examples may include sporting and recreational events,
concerts and parties. Note that following this definition, if the event
or activity may take place even without the tobacco manufacturer’s
involvement, it is not a promotion. Thus, where a manufacturer merely
sponsors an event, it does not meet this first element. Restrictions on
sponsorship, however, are punished elsewhere in the Act.
154 This problem is further fortified by the fact that in marketing, the age of majority does not play a
distinctive role. Target markets are defined by preferences, rather than an arbitrary factor, such as age. Thus,
if promotions are made by offering cellular phones as raffle prizes by way of texting in serial numbers taken
from cigarette packs, the market is much wider than a single age group. It would conceivably be equally
attractive to those in their early twenties as it would be to those in their mid-teens. The manufacturer in this
case can simply set-up the defense that the promotion was not directed to minors, or at least, exclusively
to minors. By likewise targeting an older age group, the manufacturer can successfully avoid a satisfaction
of this element. It could, of course, be argued that as long as a promotion’s market may appeal minors,
then a violation is made. Reliance can be made on the intention of the law, which is to absolutely shield
such minors from tobacco promotions. If it be so, then any promotion which could attract the youth would
henceforth be punishable. However, this interpretation is potentially untenable, because it could amount
to an unreasonable deprivation of property rights under the Due Process clause in Art. III, Sec. 1 of the 1987
Philippine Constitution especially since it would exceed the provision’s purpose of protecting the youth,
which in this case seems to be those below 18 years of age. Needless to say, this issue would not matter in
cases where the promotion is clearly directed to a much younger age group, as for example, by employing
cartoon characters and mascots in the activity or event.
155 Rep. Act No. 9211 (2003), Sec. 4(l).
(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 pro motion. Since the term ‘participate’
does not distinguish between the public and those acting in behalf
of the manufacturer, distributor or retailer, it should be understood
in its ordinary meaning. For example, participation would include a
promotional model who gives out flyers in bars and restaurants in the
same way that it includes a contestant in a promotional activity.
(3) Presentation of proof of age was not required. In conducting
promotional activities, the manufacturers, distributors, retailers
and their agents must require participants to provide proof of age.
Since the purpose is only to protect minors, an exemption can
perhaps be made with respect to persons who clearly appear to
be adults. However, compliance must be had as to those who, by
their appearance, could be minors. Proof of age may be in the form
of passports, driver’s licenses, Social Security System identification
cards, postal identification cards, and the like.156 Such proof must
contain both the photograph of the bearer as well as his date of birth.
In any case, the duty does not end with the mere act of requiring the
presentation of proof of age. To fulfill the mandate of this rule, the
identity and age of the participant must be ascertained so as not
to render the same meaningless. In the event that manufacturers,
distributors, retailers or their agents require proof of age from a
participant but fail to strictly enforce this third duty, they may be
held liable for violating the second duty discussed above, i.e. for
permitting a minor or one who appears to be a minor to participate in
a promotion.
The following evidence must be gathered in order to prove an offense:
1. Tobacco promotional materials to prove the fact of advertisement;

AND
156 IRR of RA 9211 (2004), Title IV, Rule XI, Sec. 1 in relation to Title III, Rule II, Sec. 3 thereof.
2. Either of the following to prove that the promotion was directed to

minors, participated in by minors, or that presentation of proof of
identification is not required:
a. Testimony of witness/es (please see discussion on witnesses
who are minors under 4.1.3); OR
b. Photographs, video captures, video recordings.
11.2. Communications to Consumers
Communications to consumers about tobacco promotions shall comply with the

provisions of this Act governing tobacco advertising. In addition to the required
health warning, the age requirement for participation in any promotion must
be clearly marked on the program materials distributed to consumers. 157
The elements of the offense are the following:
(2) The promotion is communicated to consumers. Some common forms

of materials used in communicating promotions are flyers, letters
and invitations sent by mail or electronic mail. However, any form
of communication regarding tobacco promotions should be subject
to all advertising restrictions, whenever applicable. For example, if
a promotional activity is communicated via streamers or banners,
Section 17 can be applied as well.
(3) The promotional materials do not comply with the provisions

on advertising or display the age requirement. The provisions on
advertising referred to are:
c. All tobacco advertising in mass media shall contain

either in English or Filipino, the following health warning;
“GOVERNMENT WARNING: Cigarette Smoking is Dangerous to
Your Health”;
d. For print and outdoor advertisement, the warning frame shall
be centered across the bottom of the advertisement and
157 Rep. Act No. 9211 (2003), Sec. 23 (b).

occupy a total area of not less than fifteen percent (15%) of

such advertisement including any border or fame. The text
of the health warnings shall be clearly visible and legible,
printed in a prominent color as approximate and shall appear
in contrast by color, typography or layout with all other printed
material in the advertisement. The warning shall not be hidden
or obscured by other printed information or images in the
advertisement;
e. For television and cinema advertisements, the warning shall

be clearly shown and voiced over in the last five (5) seconds
of the advertisement, regardless of the duration of the
advertisement, even when such advertisement is silent. The
health warning shall occupy a total area of not less than fifty
percent (50%) of the television screen and shall be clearly
visible, legible, and audible, in black text on white background
or white text on black background. No other images except in
writing shall be included in the warning frame;
f. For radio advertisement, the warnings stated after the

advertisement shall be clearly and audibly voiced over in the
last five (5) seconds of the advertisement, regardless of its
duration;
g. Advertisement shall not be aimed at or particularly appeal to

persons under eighteen (18) years of age;
h. Advertisement shall not feature a celebrity or contain an

endorsement, implied or express by a celebrity;
i. Advertisement shall not contain cartoon characters or subjects

that depict humans or animals with comically exaggerated
features or that attribute human or unnatural characteristics to
animals, plants or other objects;
j. Advertisement shall not show, portray or depict scenes

where the actual use of, or the act of using, puffing or lighting
cigarettes or other tobacco products is presented to the
public;
k. Advertisements shall not be placed in any printed publication

unless there is a reasonable basis to believe that at least
seventy-five percent (75%) of the readers of such publication

are eighteen (18) years of age and above, and the number of
youth who read it constitutes less than ten percent (10%) of all
youth in the Philippines;
l. Advertisements shall not be placed on the packaging or

outside covers (front and back) of a magazine, newspaper,
journal or other publication printed for general circulation;
m. Outdoor advertisements shall not be placed on billboards,

wall murals, or transport stops or stations which are within
the one hundred (100) meters from any point of the
perimeter of a school, public playground or other facility
frequented particularly by persons below eighteen (18)
years of age;
n. Outdoor advertisements shall not, either individually or

when placed in deliberate combination with other outdoor
tobacco advertising, exceed seventy (70) square meters in
total size;
o. Outdoor advertisements shall not be placed on taxis, buses,

trains or other public conveyance or in stations, terminals
or platforms thereof, except point-of-sale establishments;
p. Tobacco advertisements are prohibited in connection with

the showing of any film where persons below eighteen (18)
years old are permitted admission;
q. Advertisements shall not be broadcast on television, cable

television, and radio between seven o’ clock in the morning
and seven o’ clock at night;
r. No electronic advertisements shall be incorporated within

any video or audio cassette, videogame machine, optical
disc or any similar medium, unless access to the item is
restricted to persons eighteen (18) years of age or older.
For the purpose of this Section, 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;
s. Advertisements are prohibited on the internet and other

similar medium unless that Internet site is restricted to
persons eighteen (18) years of age or older. A site will
be deemed restricted if a person cannot obtain access
beyond the first page of the website unless the persons has
established that he or she is at least eighteen (18) years old.
This limitation applies to commercial communications and
shall not prevent the use of company Internet websites to
provide information regarding a company, its products and
smoking and health related information. This Section shall
prohibit business-to-business transactions conducted on
the Internet, and other similar medium between tobacco
manufacturers, retailers and distributors;
t. Beginning 1 January 2007, all tobacco advertising on television,

cable television and radio shall be prohibited;
u. Beginning 1 July 2007, all cinema and outdoor advertising

shall be prohibited. No leaflets, posters and similar outdoor
advertising materials be posted, except inside the premises of
point-of-sale retail establishments; and
v. Beginning 1 July 2008, all forms of tobacco advertising in mass

media shall be prohibited except tobacco advertisements
placed inside the premises of point-of sale establishments.
The minimum age requirement for participants in tobacco promotions

is eighteen (18) years old. Nevertheless, nothing prevents the promoters
from imposing a higher age requirement. Whatever such age be, it should
be clearly marked on the materials in a manner that does not defeat its
purpose. Thus, where the age is printed in such a way that a consumer
may be misled into believing that the number displayed is anything other
than the age requirement, a violation is incurred. If the age indicated is
below 18, the promoter may be liable under this paragraph in addition to
paragraph (a), since in that case, the mandated minimum age requirement
would not have been indicated at all.
The following must be gathered to prove the offense:

1. Copy of the program materials; AND
2. Testimony witness/es that the promotional materials were being
distributed.
11.3. Points-of-Sale
All stalls, booths and other display concerning tobacco promotions must be
limited to point-of-sale of adult only facilities.158 Please see the discussion on
“adult only facilities” in the next subtopic.
The following are the elements of the violation:
(2) Displays are employed in connection with the promotion. Stalls

and booths as covered by the prohibition. The phrase “other
displays,” however, is comprehensive enough to cover virtually any
item that is used to exhibit tobacco products. Hence, wooden box
containers (as commonly used by vendors who offer cigarettes for
sale to cars stuck in traffic) may be included in the scope.
(3) The displays are located in places other than the points-of-sale of
adult only locations. A “point-of-sale” refers to any location at which
an individual can purchase or otherwise obtain tobacco products. 159
The law does not define “adult only facilities”. No aid is availing elsewhere
either, as there has been no legal concept falling squarely with, similar to, or
within such nomenclature. Even taking it in its ordinary meaning, the term
remains vague. It is unclear, for instance, if a bar or club would qualify as an
adult only facility. Many of these remain accessible to minors since in such
establishments, patrons are not required to present proofs of age, which in
itself does not constitute a violation of any legal requirement. Absent this
158 Rep. Act No. 9211 (2003), Sec. 23 (c).

159 Rep. Act No. 9211 (2003), Sec. 4 (k).
legal duty, clubs and bars do not restrict access exclusively to adults, and thus,
would not be adult only facilities in the ordinary sense. This analysis extends
to practically all other establishments – restaurants, moviehouses, malls,
gyms, spas, even massage parlors and casinos. It seems that in actuality, there
is no such place as an adult only facility. Perhaps the closest possible examples
of adult only facilities would be offices, where employment is regularly
limited to adults. But then account should be taken of the right to privacy,
which prevents the government from intruding into all persons’ rights within
the privacy of their own homes or property. Hence, if a private corporation
chooses to set up a cigarette stall within its office, the government will be
unable to compel compliance with Sec. 23(c) on no less than constitutional
considerations. That would leave only government offices within the
contentious phrase. But even then, minors such as children of employees or
even the public are often brought into government facilities. In order to give
meaning to the phrase, therefore, it appears that an adult only facility must
refer to establishments which target adult consumers or clients, such as hotel
bar-restaurants. However, until the legislature defines “adult only facilities,” or
does so indirectly by limiting certain enterprises to adults, would-be violators
may justify their actions on the ground that this particular provision of law is
vague.
In order to prove that the facility is frequented by minors, and that there
are tobacco promotional displays in these facilities, the following should be
gathered:
1. Testimony of witness/es; AND
2. Photographs, video capture, or video recording of said stalls.
11.4. Telephone Communications
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 9211.160
160 Rep. Act No. 9211 (2003), Sec. 23 (d).

(2) The promotion is communicated by telephone. Although the provision

speaks of telephones, it should be made to apply by analogy to mobile
phones, satellite phones and the like, since the intention of the law is
clear and it would be easily circumvented should the restriction be
limited to telephones. In any event, there is no substantial difference
between telephones, mobile phones, satellite phones and the like,
insofar as verbal communications are concerned.
(3) The communication does not include a recorded health warning in

English or Filipino. The health warning required is one that complies
with those described in Sections 13 and 14 of RA 9211, especially with
regard to Section 14(d). Thus, it must state the following: “Government
warning: Cigarette smoking is dangerous to your health” clearly and
audibly in the last five seconds of the communication. Additionally,
it must be in either the Filipino or English language. Although the
provision specifies that the health warning be recorded, should it be
proven that in the absence of a recording such warning is verbally
relayed in a live telephone conversation by the caller.161 This should
be deemed substantial compliance therewith since the aim of the law
would have been fulfilled. Thus, there should be no violation in such
a case. It should be noted, however, that in spite of its application by
analogy to mobile phones, it does not apply to text messages, picture
messages and other non-voice communications. That paragraph (d)
is meant to cover only voice calls is made evident by the requirement
that the health warning be recorded. Should the legislators have
intended to include messages made through fax, Single Messaging
System, Multimedia Messaging System and the like, it would have
been simple for them to so provide. Their silence on the matter thus
reveals an intention to cover only verbal correspondence.
161 Rep. Act No. 9211 (2003), Sec. 23 (d).

The following should be gathered to prove the offense:
1. Recording of the telephone communication, AND

2. Testimony of a person who received such telephone
communication.
11.5. Placement of Props in Visual Media
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.162
To constitute a violation, the following elements must concur:
(1) That tobacco is promoted. Please refer to the previous discussion

on tobacco promotions.
(2) There is a TV program or motion picture for viewing by the general

public or a video, optical disc or video game machine. This element
is a comprehensive enumeration of visual media, since both free
and cable TV, as well as commercially-shown films, are available
for viewing to the general public. Movies which are not shown
commercially, meanwhile, are necessarily contained in videos
or optical discs in order to be viewed. However, pay-per-view
television appears to be excluded from the enumeration. Notably
as well, the provision applies to video game machines but not to
video games themselves.163
(3) A tobacco product, tobacco product package or advertisement

is placed as a prop therein. A “tobacco product” 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.164
162 Rep. Act No. 9211 (2003), Sec. 23 (e).
163 Video games are covered by Sec. 23 (e) of RA 9211.
164 Rep. Act No. 9211 (2003), Sec. 4 (s).
The term “package,” meanwhile, refers to packs, boxes, cartons or

containers of any kind in which any tobacco product is offered
for sale to consumers.165 Finally, an “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 broadcasts,
electronic, print or whatever form of mass media, including outdoor
advertisements, such as but not limited to signs and billboards.166
What is prohibited is the placement of any of the preceding as
props, thus, if any of the covered visual media by circumstance
include a tobacco product, package or advertisement, this
element is absent. As an example, when an individual happens to
be holding a cigarette pack in public is unintentionally filmed in
the background of a movie or TV show, there is no placement as a
prop.
(4) The placement is made by a manufacturer, distributor or retailer.

This particular element is important in the sense that it provides
an escape door for violators of this provision. By stating that “no
placement shall be made by any manufacturer, distributor or
retailer,” these prohibited persons may simply employ the services
of a public relations or marketing firm or the like to undertake
such placement for them. Nevertheless, such manufacturers,
distributors or retailers may be held accountable as agents by
applying the New Civil Code provisions on Agency and the Revised
Penal Code provisions on principals.
The following should be adduced in order to prove the offense:
1. The original copy of the video or the optical disc or video game
machine; or a copy of the TV program or movie viewing showing
such tobacco promotion; AND
2. Testimony of witness/es that such promotions were made.
11.6. Cigarette Brands on Smoking Related Paraphernalia
165 Rep. Act No. 9211 (2003), Sec. 4(i).

166 Rep. Act No. 9211 (2003), Sec. 4 (a).
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. 167

(2) An indicia of a cigarette brand larger than 50 cm2 appears on a

smoking related item. This element requires that the name, logo or
other indicia of the cigarette brand be over 50 cm2, which means
that a manufacturer, distributor, retailer or any person interested
in the production of smoking related items may simply print
such indicia at the maximum size of 50 cm2 in order to avoid the
application of this law. In other words, interested persons may not
comply with the health warning requirement by strict compliance
with the provision. Additionally, these names, logos and other
indicia may come in various shapes and dimensions, therefore
there may be difficulty in making on-the-spot assessments
on compliance with this rule. In any case, the area of 50 cm2 is
equivalent to 7.75 square inches.
(3) There is no health warning consistent with the Act. Should the
indicia exceed 50 cm2, however, there must be a health warning
that is consistent with Section 13 of RA 9211, as opposed to Section
14 which deals with mass media. The paragraph does not require
an exact compliance with the aforementioned provision since it is
specifically applicable to cigarette packs, however, it must satisfy
the purpose and spirit behind such warning to the furthest extent
possible.
167 Rep. Act No. 9211 (2003), Sec. 23 (f ).

The following should be gathered:
1. The promotional item itself is the best evidence. If this cannot be

obtained, then a photograph, video capture, or video recording
showing such item; AND
2. Testimony of witness/es, photographs, video capture, or video
recording that the promotional items in question are being used
or distributed.
11.7. Cigarette Brands on 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.
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.168
The following elements must concur:

(2) There is merchandise or a clothing item with the name, logo

or indicia of a cigarette brand. This element requires that the
name, logo or other indicia of a cigarette brand appear on the
merchandise or clothing item.
(3) The merchandise or clothing item is distributed, sold or offered.

Under this element, the merchandise must be either distributed,
sold or offered. Mere production or manufacturing of the same
without such action would thus not satisfy this requisite.
168 Rep. Act No. 9211 (2003), Sec. 23 (g).

(4) The name, logo or indicia is visible to others when worn or used.
This element contemplates that the merchandise or clothing item
is worn used in accordance to its purpose. Hence, if underwear such
as boxer shorts containing a logo are used in public for some other
purpose, such as in a stage performance, or in a manner whereby it
is visible when it is not meant to be seen, such as in case of low-rise
jeans, this element is not satisfied. An example of a permissible use
of name, logo or indicia would be a tag in the inside collar of a t-
shirt, or a name in the inside of a jacket.
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. There is some
ambiguity in what would constitute adult or non-adult sizes, but this should
be left to the appreciation of the law enforcer and judiciary, as oftentimes size
will be a matter of impression and would be incapable of definition. Ordinarily,
it would be easy to distinguish clothing size for a pre-pubescent child from a
young adult, but the line may not be as clear as to teenagers.
The following evidence must be gathered to prove the offense:
1. Original sample of the said merchandise bearing the name/logo/

indicia; AND
2. Testimony of someone who saw another wearing such merchandise;
OR a photograph or video of another person wearing the
merchandise.
11.8. Cigarette Brands on Products for Minors
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 company’s brand names, logos or other proprietary material on products
that are directed toward minors.169
169 Rep. Act No. 9211 (2003), Sec 23 (h).


(2) There is an item marketed to or likely to be used by a minor. These
items include sports equipment, toys, dolls, miniature replicas of
racing vehicles, video games and food.
(3) The name, logo or other indicia of a cigarette brand or element of
brand-related activity appears thereon. This is an element which is
satisfied by the mere appearance of the name, logo or other indicia of
a cigarette brand or element of a brand-related activity. An example
of a brand-related activity would be an annual sporting event
organized by a cigarette manufacturer. Since such an event would
have its own identity, elements thereof such as a logo of the event,
would constitute an element of a brand-related activity.
The following should be gathered:
1. The promotional item itself; AND

2. Testimonial evidence to prove that the promotional items are being
used by, marketed to, or are likely to be used by minors.
11.9. Advertisements on Shopping Bags

No tobacco advertisements may be placed on shopping bags.170
The following elements should concur:

(2) There is a tobacco advertisement. “Advertisement” is 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
170 Rep. Act No. 9211 (2003), Sec. 23 (i).

or any other means through broadcasts, electronic, print or whatever

form of mass media, including outdoor advertisements, such as but not
limited to signs and billboards. 171 Within the context of this offense,
however, the term should be limited to a visual message in printed
form. Title IV, Rule XI, Sec. 9, IRR includes the name, logo or indicia of
a brand of a tobacco product in the prohibition, which inclusion is
subsumed by the phrase “gives publicity” in the definition above. In
the absence of a specification in the law as to who is responsible for
the offense prescribed herein and in keeping with the intendment
of the law, the parties liable for this particular offense should be
(1) those who cause the placement of tobacco advertisements on
shopping bags such as tobacco manufacturers or their agents as well
as retailers, in the concept of principals by inducement; and (2) those
who actually place the advertisements thereon, such as printing
companies, in the concept of direct principals. No other persons
may be held liable, following the wording of the provision, since the
punishable act is the placement of the advertisement.
(3) The advertisement is placed on a shopping bag. The law does not
define the term “shopping bag.” Because of this, the phrase must be
taken in its ordinary meaning. Thus, any container, usually flexible,
used for carrying or containing items purchased by consumers in
stores and provided by the storeowner or retailer for the formers’
benefit qualifies as a shopping bag. Furthermore, reusing the
shopping bag for purposes other than the transaction in which it was
obtained by the consumer does not diminish or alter its nature as a
shopping bag.
1. The shopping bags with the tobacco advertisement; AND

2. Testimony of witness/es, photographs, OR video recording showing
that such shopping bags are being used.
171 Rep. Act No. 9211 (2003), Sec. 4 (a).

11.10. What are the penalties for violating the restrictions on tobacco
promotions?
The following penalties are meted out to the non-compliant manufacturers,
retailers, or tobacco companies:172
First offense:
• Both
Second offense:
• Both
Third offense:

172 Rep. Act No. 9211 (2003), Sec. 3(a).

12. VIOLATION OF RESTRICTIONS

ON NAMING RIGHTS
There are two ways of violating the restriction on naming rights:
12.1. 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.
12.1. Entering into an agreement with a sports league or team.
No manufacturer may enter into any agreement pursuant to which payment

is made or other consideration is provided by such manufacturer to any sports
league, or any team involved in any such league, in exchange for use of tobacco
products brand. 173
(1) There is an agreement between a manufacturer of tobacco products and

a sports league or any team involved in any such league. “Manufacturer”
refers to any person entity, including a re-packer, who makes, fabricates,
assembles, processes, or labels a finished product.
(2) There was consideration and payment for such agreement;
(3) It is in exchange for use of a tobacco product brand (as a name for such
sports league or team).174
Notably, that as long as the name used is a tobacco product brand, the same will
fall within the purview of the provision, regardless if the tobacco product brand
is at the same time, a tobacco company name.
173 Rep. Act No. 9211 (2003), Section 24 (a)

174 Rep. Act No. 9211 (2003), Sec. 4 (h).
The following must be gathered to prove the offense:
1. The original documents embodying the agreement would be the

best evidence; OR
2. Circumstantial evidence showing such agreement:
a. Testimony of witness/es to the agreement; OR
b. Testimony of witness/es who saw the teams sporting tobacco
brands; OR
c. Photographs or surveillance videos;
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. 175
[1] There is an agreement between a tobacco manufacturer and the

owner of a stadium or arena; AND
[2] The agreement provides that the stadium or arena will be named
using a tobacco product or brand name.
As long as the name used is a tobacco product brand, the same will fall within
the purview of the provision, regardless if the tobacco product brand is at the
same time, a tobacco company name.
Any of the following may be used to prove the offense:

a. The original documents embodying the agreement; AND/OR
b. Testimony of witnesses to the agreement; AND/OR
c. A picture of the stadium or area bearing the name of a tobacco
product or brand name.
175 Rep. Act No. 9211 (2003), Sec. 24 (b).

12.3. What are the penalties for the offense?
The following penalties are meted out to the non-compliant tobacco company
and team or company that entered into a prohibited contract: 176
First offense:
• Both
Second offense:
• Both
Third offense:

176 Rep. Act No. 9211 (2003), Sec. 32 (c).

13. TOBACCO SPONSORSHIP

Two acts are penalized under section 26 of RA 9211:
Beginning 1 July 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
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.177
[1] There is a sport, concert, or cultural art or event, OR individual or team

athletes, artists or performers;
COVERED EXCLUDED
EVENTS Seminars
sport, concert, Workshops
or cultural art or event Job Fairs, etc.
Events which are not sport-
related, and non-cultural events
PERSONS Journalists
individual or team athletes, Media personalities
artists or performers Socialites, etc.
All persons whose professions do
not entail performances, exhibitions
of skill as an artist or athlete
177 Rep. Act No. 9211 (2003), Sec. 26.

[2] Such event, person or group is being sponsored by a cigarette or

tobacco company. “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.178
[3] The sponsorship agreement requires the advertisement or promotion

of cigarette use, name or brand. “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 broadcasts, electronic, print or
whatever form of mass media, including outdoor advertisements, such
as but no limited to signs and billboards.179 “Promotions” refers to 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’s name,
trademark, logo, etc. on non-tobacco products. This includes the paid
use of tobacco products bearing the brand names, tradenames, logos,
etc. in movies, television and other forms of entertainment.180
1. The sponsorship agreement between a cigarette or tobacco company

and the event organizers or individual or team athletes, artists or
performers, requiring the advertisement or promotion of cigarette
use or brand in exchange for the contributions; OR
2. The posters, leaflets, and other promotional items for the event,
showing a tobacco or cigarette company sponsored the event; OR
3. Materials given by a tobacco company to be used by the individual,
team, artist or performer to advertise or promote cigarette use or a
brand; OR
4. Testimony of the event organizer, individual, team, artist or performer
concerned attesting to the sponsorship agreement with the tobacco
company and the advertisement and/or promotion required in
exchange therefor; OR
178 Rep. Act No. 9211 (2003), Sec. 4 (q).

179 Rep. Act No. 9211 (2003), Sec. 4(a).
180 Rep. Act No. 9211 (2003), Sec. 4 (l).
5. Testimony of those who attended the event as to its apparent

sponsorship by a tobacco company, as seen in the materials displayed
and the extent of promotion of the brand during the event; OR
6. Photographs or video recording of the event, person or group
showing that the tobacco sponsorship was involved (i.e., logo of the
tobacco brand or company is used around the venue, or items worn
by the individual, team athletes, artists or performers; the colors of
the tobacco brand or company was the theme)
No manufacturer may register a tobacco brand name as a company name after

the passage of RA 9211.181 The Tobacco Regulation Act (RA 9211) was passed
on June 23, 2003.
The following elements must concur in order to constitute the violation:

1. There is a manufacturer. “Manufacturer” refers to any person entity,
including a re-packer, who makes, fabricates, assembles, processes, or
labels a finished product. 182
2. Such manufacturer registered a tobacco brand name as a company
name;
3. The registration was made after June 23, 2003.
*Examples of local tobacco company names existing prior to June 23, 2003:
Fortune Tobacco Corporation

Philip Morris Philippines Manufacturing Inc.
La Suerte Cigar and Cigarette Factory
181 Rep. Act No. 9211 (2003), Sec. 26.

182 Rep. Act No. 9211 (2003), Sec. 4 (h).
*Examples of tobacco brand names which cannot be used as company names after
June 23, 2003: 183
Ashford Longbeach
Basic Lucky Strike
Benson and Hedges Mark
Bond Street Marlboro
Camel Merit
Capri Next
Champion Parliament
Chesterfield Salem
Dunhill Viceroy
Hope West
Kool Winston
A certification from the Securities and Exchange Commission that the

manufacturer registered a tobacco brand name as a company name will be
the best evidence. This can be supported by other documents where the
manufacturer used a tobacco brand name as a company name.
13.3. What are the penalties for the above offenses?
The following penalties are meted out to the non-compliant tobacco company
who made the prohibited sponsorships or registered a tobacco brand as a
company name, and to the group or individual who entered into a prohibited
sponsorship contract:184
First offense:
• Both
Second offense:
• Both
183 Intellectual Property Office.

184 Rep. Act No. 9211 (2003), Sec. 32 (c).
Third offense:

14. VIOLATION OF SAMPLING RESTRICTIONS

The distribution of samples of tobacco products to persons below eighteen (18)

years old is prohibited. 185

[1] Samples of tobacco products are being distributed. 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” refer 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. 186
[2] They are being distributed to persons below 18 years of age.

1. Birth certificate or photographic ID with the of birth or other proof of
age to prove minority; AND
2. Any of the following:
a. Testimony of the minor/s to whom the samples were given.
This would be the best evidence.
b. Testimony of witness/es who saw the samples were
distributed to minors
c. Pictures or video recording showing that the tobacco samples
were distributed to minors.
185 Rep. Act No. 9211 (2003), Sec. 27, RA 9211.

186 Rep. Act No. 9211 (2003), Sec. 4 (s).

The following penalties are meted out to the non-compliant person or entity
who gave tobacco samples to minors: 187
First offense:
• Both
Second offense:
• Both
Third offense:

187 Rep. Act No. 9211 (2003), Sec. 32 (c).

PART III – IMPLEMENTATION
1. APPLICATION OF RA 9211
2. IMPLEMENTORS OF RA 9211
3. INTER AGENCY COMMITTEE-TOBACCO (IAC-TOBACCO)
4. OFFENDERS UNDER RA 9211
5. ACTION UPON DISCOVERY OF A CRIME UNDER RA 9211
5.1. Procedure for the issuance of a warrant of arrest
5.2. Procedure for making an arrest
6. LEGAL ACTIONS AND REMEDIES AGAINST OFFENDERS

7. MONITORING AND ENFORCEMENT GUIDELINES (MEG)
7.1. Purpose of MEG
7.2. Powers and responsibilities of the IAC-Tobacco under MEG
8. CRIMINAL ACTION
8.1. Who can institute criminal action
8.2. Procedure for institution of criminal action
8.3 Steps when action initiated by mayor or PNP
8.4. Steps when crime discovered by IAC-Tobacco employee
8.5. Steps when crime discovered by any other person
9. CIVIL REMEDIES AGAINST VIOLATORS OF RA 9211

10. ADMINISTRATIVE REMEDIES AGAINST VIOLATORS OF RA 9211
1. INTRODUCTION: NATIONAL LAW VS. LOCAL LAW

2. MAKATI CITY

3. MANDALUYONG CITY
4. MANILA CITY
5. MARIKINA CITY
6. PASIG CITY
7. QUEZON CITY

1. In what cases is RA 9211 applicable?
RA 9211 applies to all tobacco products placed into commerce in the

Philippines.
Notably, however, section 13 of RA 9211 (on health warnings on cigarette
packages) does NOT apply to tobacco products intended or offered by
the manufacturer for export and not for (retail) sale in the Philippines. It is
required that the shipping container of such products be prominently marked
on the outside “Export Only”.
However, tobacco products which are marked for export, but are sold/
traded/distributed in the Philippine market, shall be subject to immediate
confiscation and destruction.188
2. Who should implement RA 9211?
RA 9211 expressly identifies the government offices and agencies which shall
be responsible for its enforcement:
1. Philippine National Police (PNP);189
2. Local Government officials, such as,
a. City or municipal mayor;
b. City or municipal engineer;
c. City or municipal building official.
It authorizes these officials to take the necessary steps to effectively implement

the said law and its implementing rules, such as the institution of criminal
proceedings against violators of the Act, as well as to cause the removal of
non-compliant cinema and outdoor advertising, and tobacco-related self-
service facilities.190
188 Rep. Act No. 9211 (2003), Sec. 30.

189 Section 24 (a) of RA 6975 provides that the PNP must “enforce all laws and ordinances relative to the
protection of lives and properties.”
190 IRR of RA 9211 (2004), Title VI, Rule II, Sec. 2.
Other offices and agencies which should enforce RA 9211, pursuant to their
mandate or charter although not mentioned in RA 9211 itself, include the
following:
1. Local Government officials not specifically/expressly identified under
RA 9211,191 such as,
a. Provincial, city or municipal health office;192
b. Provincial, city or municipal environment and natural resources
office; 193
c. Other LGU officials and deputized personnel.194
Most important is the Inter-Agency Committee Tobacco (hereinafter referred

to as “IAC-Tobacco”), which was created under the same law. It is the body
responsible for overseeing the implementation of RA 9211, and its primary
implementing agency.195
3. What is the Inter-Agency Committee Tobacco (IAC-Tobacco)?
The Inter-Agency Committee Tobacco was created by RA 9211 as its primary

implementing agency. The law granted it the exclusive power and function to
administer and implement the provisions of RA 9211.196 It shall oversee the
implementation of the said law.197
The IAC-Tobacco has as its Chairperson, the Secretary of the Department of Trade
and Industry (DTI); and as its Vice-Chairperson, the Secretary of the Department
of Health (DOH). It is composed of nine Member Agencies/Organizations:
1. Secretary of the Department of Agriculture (DA);
2. Secretary of the Department of Justice (DOJ);
3. Secretary of the Department of Finance (DOF);
4. Secretary of the Department of Environment and Natural Resources
(DENR);
191 See Rep. Act No. 7160 (1991).

192 A local government unit’s health officer has the duty to execute and enforce laws, ordinances and
regulations relating to public health (Rep. Act No. 7160, Book 3, Title V, Sec.478(b)(4)(iii))
193 A local government unit’s environment and natural resources officer has the duty to coordinate with
government agencies and NGOs in the implementation of measures to prevent and control
pollution (Rep. Act No. 7160, Book 3, Title V, Sec.484(b)(3)(vi)).
194 In the barangay level, the punong barangay is mandated to enforce all laws and ordinances
which are applicable within the barangay. See Rep. Act No. 7160, Book 3, Title I, Sec.389 (b)(1).
195 Rep. Act No. 9211 (2003), Sec. 3(g) & 29.
196 Rep. Act No. 9211 (2003), Sec. 29.
197 Rep. Act No. 9211 (2003), Sec. 3(g).
5. Secretary of the Department of Science and Technology (DOST);

6. Secretary of the Department of Educaton (DepEd);
7. Administrator of the National Tobacco Administration;
8. A representative from the Tobacco Industry to be nominated by the
legitimate and recognized associations of the industry; and
9. A representative from a non-government organization (NGO) involved
in public health promotion nominated by DOH in consultation with the
concerned NGOs;
The Department Secretaries may designate their Undersecretaries as their
authorized representative to the IAC-Tobacco.198
The Secretariat of the IAC-Tobacco is the Bureau of Trade Regulation and
Consumer Protection of the Department of Trade and Industry (DTI), which has
the following functions:
1. Prepare the annual Compliance Monitoring Report which will be
submitted to the President of the Philippines and to both Houses of
Congress;
2. Prescribe, upon approval by the IAC-Tobacco, the contents and format
of any report to be required from all manufacturers and importers of
tobacco products;
3. Provide technical, administrative and such other support services as
may be required by the IAC- Tobacco.
All member agencies of the IAC- Tobacco shall provide assistance to the
Secretariat, when so requested by the latter.199
4. Who are offenders under RA 9211?
Persons who violate RA 9211 may be grouped into:
1. Individuals
2. Establishments 200
The procedures to be undertaken in proceedings against each, as well the

penalties that may be imposed upon each of them, may be different.
198 Rep. Act No. 9211 (2003), Sec. 29.

199 IRR of RA 9211 (2004), Title VII, Rule I.
200 The government, not being above the law, is likewise subject to RA 9211.
As regards individuals, the penalties imposable are fines and/or imprisonment.

In the case of minors caught selling, buying or smoking cigarettes or any other
tobacco products, the provisions of Article 189 of PD 603 otherwise known as
the Child and Youth Welfare Code shall apply, according to RA 9211 which was
passed in 2003. However, RA 9344 should now apply in proceedings against
minors, as it is the specific law dealing with minor offenders.
As regards establishments, the owner, president, manager or officials shall be
liable, who may be subject to imprisonment, the payment of fines, and/or the
cancellation and/or revocation of business licenses or permits to operate. If
the guilty officer is an alien, he shall summarily be deported after serving his
sentence, and shall be forever barred from re-entering the Philippines.201
5. What can we do against those who violate RA 9211? What actions

should be taken upon discovery of the commission of a crime under
RA 9211?
Three courses of action may be taken against a violator of RA 9211: (1) report
the violation to the authorities, (2) arrest the violator; and/or (3) file a case
against the violator.
Private individuals who witness the commission of a violation of RA 9211 may
report it to any of the following law enforcers:
1. City or municipal mayor;

2. City or municipal engineer;
3. City or municipal building official;
4. City or municipal health official
5. Any member of the PNP;
6. Any member of the MMDA (if within Metro Manila);
7. Any official deputized for law enforcement by an LGU (e.g. Green
Police of Pasig, MAPSA of Makati, OPSS personnel of Marikina, and
other such local officials);
8. Any employee or personnel of any IAC- Tobacco Member Agency/
Organization.
The offender may also be arrested, and delivered to the proper authorities, or
the nearest police station or jail, without unnecessary delay. The arrest may be
made by a police officer armed with a proper warrant of arrest. On the other
hand, any private individual or police office may make a warrantless arrest in
the following cases:
201 Rep. Act No. 9211 (2003), Sec. 32; IRR of RA 9211 (2004), Title VI.
1. When, in his presence, the person to be arrested has committed, is

actually committing, or is attempting to commit an offense;
2. When an offense has just been committed and he has probable cause
to believe based on personal knowledge of facts and circumstances
that the person to be arrested has committed it.202
5.1. What is the procedure for the issuance of a warrant of arrest?
The complaint or information shall be filed with the proper court, which in cases
involving RA 9211 should be either the Municipal Trial Court or Municipal Circuit
Trial Court or the Regional Trial Court. The complainant must ensure compliance
with the following requirements:
1. The complaint shall state the address of the respondent and shall be
accompanied by the affidavits of the complainant and his witnesses,
as well as other supporting documents to establish probable cause;
2. They shall be in such number of copies as there are respondents, plus
two (2) copies for the official file;
3. The affidavits shall be subscribed and sworn to before any prosecutor
or government official authorized to administer oath, or in their
absence or unavailability, before a notary public; and
4. Each of such officials must certify that he personally examined the
affiants and that he is satisfied that they voluntarily executed and
understood their affidavits. 203
Only a judge may issue a warrant of arrest, after finding probable cause
following proper and personal examination and inquiry of the complainant and
his witnesses. The Constitution states thus: The right of the people to be secure
in their persons, houses, papers, and effects against unreasonable searches
and seizures of whatever nature and for any purpose shall be inviolable, and
no search warrant or warrant of arrest shall issue except on probable cause
to be determined personally by the judge after examination under oath
or affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons to be seized.204
Otherwise, any evidence obtained in violation thereof shall be inadmissible for
any purpose in any proceeding.205
202 RULES OF COURT, Rule 113, Sec. 5(a).

203 RULES OF COURT, Rule 112, Sec. 8(b) in relation to Sec. 3(a).
204 CONST., art. III, Sec. 2.
205 CONST., art. III, Sec. 3(2).
The judge must then personally evaluate the evidence, or personally examine
in writing and under oath the complainant and his witnesses in the form of
searching questions and answers. If within ten (10) days after the filing of the
complaint or information, the judge finds no probable cause, he shall dismiss
said complaint or information. However, he may require the submission of
additional evidence within ten (10) days from notice, to determine further the
existence of probable cause. If the judge still finds no probable cause despite
the additional evidence, he shall dismiss the case within ten (10) days from its
submission or expiration of said period. On the other hand, if the judge finds
probable cause, he shall issue a warrant of arrest, or a commitment order if the
accused had already been arrested, and hold him for trial. However, if the judge
is satisfied that there is no necessity for placing the accused under custody, he
may issue summons instead of a warrant of arrest.206
5.2. What is the procedure for making an arrest?
When making an arrest by virtue of a warrant, the PNP officer must inform the
person to be arrested of the cause of the arrest and the fact that a warrant has
been issued for his arrest, except:
1. When he flees; or
2. When he forcibly resists before the officer has opportunity to so
inform him; or
3. When the giving of such information will imperil the arrest.
The officer need not have the warrant in his possession at the time of the arrest.
But after the arrest, if the person arrested so requires, the warrant shall be
shown to him as soon as practicable.207
The private individual himself may immediately place the accused under arrest
even without a warrant, if the following circumstances are present:
1. When, in his presence, the person to be arrested has committed, is

actually committing, or is attempting to commit an offense;
2. When an offense has just been committed and he has probable cause
to believe based on personal knowledge of facts and circumstances
that the person to be arrested has committed it. 208
206 RULES OF COURT, Rule 112, Sec. 8 (b).

207 See CONST., Art. III; RULES OF COURT, Rule 112, Sec. 9 & Rule 113, Sec. 7.
208 RULES OF COURT, Rule 113, Sec. 5.
In such cases, the private individual making the arrest must inform the person
to be arrested of the intention to arrest him and the cause of the arrest. On the
other hand, any PNP officer making a warrantless arrest must inform the person
to be arrested of his authority and the cause of the arrest. Both the private
individual and the peace officer may do away with these requirements in the
following situations:
1. Accused is engaged in the commission of an offense;

2. Accused is pursued immediately after its commission;
3. Accused has escaped, flees, or forcibly resists before the person
making the arrest has opportunity to so inform him; or
4. When the giving of such information will imperil the arrest.209
Whether made with or without a warrant, it shall be the duty of the arresting
officer or private citizen to deliver the accused to the nearest police station or
jail without unnecessary delay. 210
6. What are the possible legal actions and remedies against offenders?
Private complainants and law enforcers may resort to any of the following
remedies:
1. Criminal action 211
2. Civil action 212
Notably, a case may also be filed against a public official or enforcer who fails or
refuses to enforce the law. 213
In any legal action, the proper procedures as provided in applicable laws,
rules and regulations and other issuances must be complied with, including
the Constitution and Bill of Rights, laws and ordinances, as well as the Rules of
Court. 214
In addition, and more recently in 2008, the IAC- Tobacco approved the IAC-
Tobacco Monitoring and Enforcement Guidelines (MEG). The MEG was passed,
in order to assist the IAC- Tobacco in the administration and implementation of
the provisions of RA 9211, as well as in its monitoring functions, particularly in
view of the law’s penal provisions. 215
209 RULES OF COURT, Rule 113, Sec. 8 & 9.
210 RULES OF COURT, Rule 113, Sec. 3
211 Rep Act. No 9211 (2003), Sec. 32; IRR of RA 9211 (2004), Title VI.
212 Rep Act. No 9211 (2003), Sec. 28; IRR of RA 9211 (2004), Title V; See also The CIVIL CODE.
213 See REVISED PENAL CODE, Article 208; Rep. Act 7160 (1991), Articles 60 (c), 389 (a), (b) (1) and 391 (a) (1).
214 Rep Act. No 9211 (2003), Sec. 28; IRR of RA 9211 (2004), Title V & VI.
215 IAC - Tobacco Monitoring and Enforcement Guidelines (2008) hereinafter MEG.
7. What is MEG?
The MEG is short for the “Monitoring and Enforcement Guidelines of the Tobacco
Regulation Act and its Implementing Rules and Regulations”, or Memorandum
Circular No. 01, series of 2008. It was signed and approved by the members of
the IAC- Tobacco on June 30, 2008, and published in the Business Mirror and the
Philippine Daily Inquirer on August 28, 2008. A copy was furnished the National
Administrative Register on August 29, 2008.
7.1. What is the purpose of MEG?
The MEG was passed in order to assist the IAC-Tobacco in the administration
and implementation of the provisions of RA 9211. It seeks to clarify and fulfill
the monitoring and enforcement function of the IAC-Tobacco, deemed more
necessary by the presence of penal provisions in RA 9211.
Simply, the MEG provides for a uniform procedure in the reporting, investigation,
and recording of violations of RA 9211 and its IRR. 216
7.2. What are the powers and responsibilities of the IAC-Tobacco under
MEG?
The MEG requires proactive vigilance in monitoring compliance by the

IAC-Tobacco. Particularly, under MEG, all IAC-Tobacco Member Agencies/
Organizations shall, at all times, be vigilant in monitoring compliance with the
provisions of RA 9211 and its IRR. Such vigilance shall include the conduct, with
or without complaint, of regular and routine inspections to monitor compliance
with the provisions of RA 9211 and its IRR in every locality in the Philippines.217
Moreover, the MEG designates “Pilot Agencies” among the IAC - Tobacco
members, which were in turn assigned their respective areas of administrative
responsibility, as follows: 218
1. Department of Trade and Industry (DTI)

a. Access Restrictions
i. Section 7, RA 9211 – Vending Machines, Self-Service Facilities
ii. Section 8, RA 9211 – Retailer Compliance with Respect to Self-
Service Facilities
216 MEG (2008).

217 MEG (2008), Item III.
218 MEG (2008), Item VI.1.
iii. Section 9, RA 9211 – Minimum Age Sales

iv. Section 10, RA 9211 – Sale of Tobacco Products within School
Perimeters
v. Section 11, RA 9211 – Signage
vi. Section 12, RA 9211 – Proof of Age Verification
2. Department of Health (DOH)

a. Healthful Environment
i. Section 5, RA 9211 – Smoking Ban in Public Places
ii. Section 6, RA 9211 – Designated Smoking and Non-Smoking
Areas
b. Advertising and Promotions
i. Section 13, RA 9211 – Warnings on Cigarette Packages
ii. Section 14, RA 9211 – Warnings on Advertising
iii. Section 15, RA 9211 – Restrictions on Advertising
iv. Section 16, RA 9211 – Restrictions on Print Media Advertising
v. Section 17, RA 9211 – Restrictions on Outdoor Advertising
vi. Section 18, RA 9211 – Restrictions on Advertising in Cinemas
vii. Section 19, RA 9211 – Restrictions on Television
and Radio Advertising
viii. Section 20, RA 9211 – Restrictions on Advertising in Audio,
Video, and Computer Cassettes/Disks and Similar Medium
ix. Section 21, RA 9211 – Restrictions on Advertising on the
Internet and Similar Medium
x. Section 22, RA 9211 – Ban on Advertisements
xi. Section 23, RA 9211 – Restrictions on Tobacco Promotions
xii. Section 24, RA 9211 – Naming Rights
xiii. Section 25, RA 9211 – Restrictions on Sponsorships
xiv. Section 26, RA 9211 – Ban on Sponsorships
xv. Section 27, RA 9211 – Restrictions on Sampling
These Pilot Agencies have the following functions:219

1. Receive, document and investigate all complaints and written
reports of violations of RA 9211 and its IRR
2. Jointly adopt measures for close and mutual coordination in order
to effectively prevent and/or address violations of RA 9211
3. Perform such other functions as may be directed by the IAC-
Tobacco.
219 MEG (2008), Item IV.2.

8. What is a criminal action?
A criminal action is one by which the State prosecutes a person for an act or
omission punishable by law. In every criminal case, the accused is entitled to
an acquittal, unless his guilt is shown beyond reasonable doubt. Proof beyond
reasonable doubt does not mean such a degree of proof as, excluding possibility
of error, produces absolute certainty. Moral certainty only is required, or that
degree of proof which produces conviction in an unprejudiced mind.220
RA 9211 provides that in the enforcement of the Act and its IRR, criminal
proceedings may be instituted.221 For this purpose, and in order to effectively
implement the said law and its IRR, it authorizes mayors, building officials and
members of the PNP to institute criminal proceedings against violators of its
provisions. 222 However, said list is not exclusive because a complaint may be
filed with the prosecutor by any offended party, which refers to any person
against whom or against whose property the crime was committed.223
8.1. What is the procedure for institution of criminal action?
Criminal actions are instituted thus:

1. For offenses where a preliminary investigation is required, a complaint
shall be filed with the proper officer for the purpose of conducting the
requisite preliminary investigation.
2. For all other offenses, a complaint or information shall be filed directly
with the Municipal Trial Courts and Municipal Circuit Trial Courts, or
the complaint with the office of the prosecutor. In Manila and other
chartered cities, the complaint shall be filed with the office of the
prosecutor unless otherwise provided in their charters.224
Offenses under RA 9211 do not require preliminary investigation. A preliminary

investigation is required only for an offense where the penalty prescribed by
law is at least four (4) years, two (2) months and one (1) day without regard to
the fine. The highest penalty that may be imposed under RA 9211 is three years
imprisonment. 225

221 IRR of RA 9211 (2004), Title VI, Rule II, Sec. 1 & 2.
223 Part I, Sec 4, DOJ Manual for Prosecutors.
225 Rep. Act No. 9211 (2003), Sec. 32 in relation to RULES OF COURT, Rule 112, Sec. 1.
Thus, for offenses under RA 9211, the criminal action may be instituted by filing
the complaint or information directly with the Municipal Trial Courts, Municipal
Circuit Trial Courts or Regional Trial Courts (which ever is applicable), or the
complaint with the office of the prosecutor. 226 In Manila and other chartered
cities, the complaint shall be filed with the office of the prosecutor unless
otherwise provided in their charters.227
If the complaint is filed with the prosecutor, the prosecutor shall act on the
complaint based on the affidavits and other supporting documents submitted
by the complainant within ten (10) days from its filing.
If the complaint or information is filed directly with the Municipal Trial Court,
Municipal Circuit Trial Court, or Regional Trial Court, the judge must personally
evaluate the evidence, or personally examine in writing and under oath the
complainant and his witnesses in the form of searching questions and answers.
If within ten (10) days after the filing of the complaint or information, the
judge finds no probable cause, he shall dismiss said complaint or information.
However, he may require the submission of additional evidence within ten
(10) days from notice, to determine further the existence of probable cause.
If the judge still finds no probable cause despite the additional evidence, he
shall dismiss the case within ten (10) days from its submission or expiration of
said period. On the other hand, if the judge finds probable cause, he shall issue
a warrant of arrest, or a commitment order if the accused had already been
arrested, and hold him for trial. However, if the judge is satisfied that there is
no necessity for placing the accused under custody, he may issue summons
instead of a warrant of arrest.228
In both cases, the complainant must ensure compliance with the following
requirements: 229
1. The complaint shall state the address of the respondent and shall be
accompanied by the affidavits of the complainant and his witnesses,
as well as other supporting documents to establish probable cause.
2. They shall be in such number of copies as there are respondents, plus
two (2) copies for the official file.
226 If the penalty is only a fine (as in the case of violations of sections 5 and 6 of RA 9211), the amount of
the fine determines the jurisdiction. If the amount does not exceed P4,000, the MTCs have jurisdiction (See
Admin. Circular No. 09-94). Otherwise, the general jurisdiction of the RTC is applicable (See Sec. 20, Batas
Pambansa Blg. 129).
229 RULES OF COURT, Rule 112, Sec. 9 in relation to Sec. 3(a).
3. The affidavits shall be subscribed and sworn to before any prosecutor

or government official authorized to administer oath, or in their
absence or unavailability, before a notary public;
4. Each of such officials must certify that he personally examined the
affiants and that he is satisfied that they voluntarily executed and
understood their affidavits.
Before the institution of a criminal action, parties may have to first resort to the
Katarungang Pambarangay.230 When the parties actually reside in the same
city or municipality, they must first try to enter into an amicable settlement
before the Lupong Tagapamayapa.231 As regards offenses under RA 9211,
this would only apply where the offense committed would merit a penalty
of not more than one (1) year or a fine of not more than Five thousand pesos
(P5,000.00), such as first and second offenses under Section 5 and 6 of RA
9211 (Smoking Ban in Public Places, and Designated Smoking and Non-
Smoking Areas, respectively).232 Resort to the Katarungang Pambarangay
will not be necessary in the following cases:
1. Where one party is the government or any subdivision or

instrumentality thereof;
2. Where one party is a public officer or employee and the dispute
relates to the performance of his official functions;
3. Offenses punishable by imprisonment exceeding one (1) year OR
a fine exceeding Five thousand pesos (P5,000.00);
4. Offenses where there is no private offended party;
5. Where the dispute involves real properties located in different
cities or municipalities unless the parties agree to submit their
differences to amicable settlement by an appropriate lupon;
6. Disputes involving parties who actually reside in barangays of
different cities or municipalities, except where such barangay
units adjoin each other and the parties thereto agree to submit
their differences to amicable settlement by an appropriate
lupon;
7. Such other classes of disputes which the President may determine
in the interest of justice or upon the recommendation of the
Secretary of Justice.233
230 Rep. Act No. 7160 (1991), Chapter VII, Sec. 399-422.
231 Rep. Act No. 7160 (1991), Sec. 408.
232 Rep. Act No. 7160 (1991), Sec. 408(c) in relation to Rep. Act No. 9211 (2003), Sec. 32.
233 Rep. Act No. 7160 (1991), Sec. 408.
Moreover, parties may go directly to court in the following instances:

1. Where the accused is under detention;
2. Where a person has otherwise been deprived of personal liberty
calling for habeas corpus proceedings;
3. Where actions are coupled with provisional remedies such as
preliminary injunction, attachment, delivery of personal property,
and support pendente lite; and
4. Where the action may otherwise be barred by the statute of
limitations. 234
8.2. What procedures apply for the criminal action?
The Revised Rules of Summary Procedure apply in the following cases:

1. Violations of municipal or city ordinances, and
2. In all other criminal cases where the penalty prescribed by law for the
offense charged is imprisonment not exceeding six months, or a fine
not exceeding one thousand pesos (P1,000.00), or both, irrespective
of other imposable penalties, accessory or otherwise, or of the civil
liability arising therefrom, except for offenses involving damage to
property through criminal negligence in which case the said rules
shall apply only where the imposable fine does not exceed ten
thousand pesos (P10,000.00). 235
Applied to RA 9211, the Revised Rules of Summary Procedure shall apply only in
case of a first offense under Section 5 and 6 thereof.
Under the said rules, jurisdiction is lodged in the lower courts. The
proceedings are commenced by complaint or by information, provided
that in Metropolitan Manila and in Chartered Cities, such cases shall be
commenced only by information, except when the offense cannot be
prosecuted de officio. The complaint or information shall be accompanied
by the affidavits of the complainant and of his witnesses in such number
of copies as there are accused plus two (2) copies for court’s files. This
requirement must be complied with within five (5) days from date of filing,
otherwise the case may be dismissed. 236
234 Rep. Act No. 7160 (1991), Sec. 412(b).

235 Rev. Rule on Summary Procedure (1991), Sec. 1(B).
236 Rev. Rule on Summary Procedure (1991), Sec. 11.
If commenced by complaint – On the basis of the complaint and the affidavits

and other evidence accompanying the same, the court may dismiss the case
outright for being patently without basis or merit and order the release of the
accused if in custody. 237
If commenced by information – When the case is commenced by information,

or is not dismissed pursuant to the next preceding paragraph, the court
shall issue an order which, together with copies of the affidavits and other
evidence submitted by the prosecution, shall require the accused to submit
his counter-affidavit and the affidavits of his witnesses as well as any evidence
in his behalf, serving copies thereof on the complainant or prosecutor not
later than ten (10) days form receipt of said order. The prosecution may file
reply affidavits within ten (10) days after receipt of the counter-affidavits of
the defense.238 Should the court, upon a consideration of the complaint or
information and the affidavits submitted by both parties, find no cause or
ground to hold the accused for trial, it shall order the dismissal of the case;
otherwise, the court shall set the case for arraignment and trial.239
The 1997 Rules of Court shall apply in all other cases. The procedure for the
institution of a criminal action in such cases shall be as provided in 8.1 above.
8.3. Who can institute a criminal action?
Complaints for violation of RA 9211 may be filed by anyone. However, the steps
for the institution of the appropriate criminal action will vary, depending on
who the complainant is. Three (3) groups of complainants may be identified in
this regard, to wit:
1. A city and municipal mayor and building official and members of the
Philippine National Police; 240
2. An employee/personnel of an IAC-Tobacco Member Agency/
Organization; 241 and
3. Any other person. 242
The prosecutor with whom a complaint is filed shall act on the complaint
based on the affidavits and other supporting documents submitted by the
complainant within ten (10) days from its filing.
236 Rev. Rule on Summary Procedure (1991), Sec. 12(a).

237 Rev. Rule on Summary Procedure (1991), Sec. 12(b).
238 Rev. Rule on Summary Procedure (1991), Sec. 13, par. 1.
241 MEG (2008), Item V.
242 MEG (2008), Item V.
8.4. What are the steps involved, when criminal proceedings are initiated
by the City or Municipal Mayor and Building Official and members of
the PNP?
The IRR of RA 9211 authorizes a City/Municipal Mayor or building official and
members of the PNP to directly institute criminal actions against violators of RA
9211. 243
Considering that the maximum duration of imprisonment imposable under RA
9211 is three (3) years, no preliminary investigation is required. 244 The criminal
action may be instituted by filing a complaint or information directly with the
Municipal Trial Courts, Municipal Circuit Trial Courts and Regional Trial Courts
(whichever is applicable), or a complaint with the office of the prosecutor. In
Manila and other chartered cities, the complaints shall be filed with the office of
the prosecutor, unless otherwise provided in their charters.245
However, in the case of a violation of Section 5 (smoking in absolutely smoke-
free places) or Section 6 (non-compliance with rules on designated smoking
areas) of RA 9211, it is the MTC which has jurisdiction in case of a first offense,
and the RTC in case of subsequent offenses.246
Complainant, with assistance of local office of DTI/DOH,

files a complaint or information
  
MTC RTC Office of Prosecutor
file information (if in Metro RTC (file complaint or file complaint: if in Metro
Manila or other chartered cities) information) Manila or other chartered cities
: for a first-time violation of for violations of RA 9211, except
sections 5 and 6 of RA 9211 (rules  file complaint or first time violation of sections 5
on summary procedure apply) information: for second and and 6.
subsequent violation of sections
 file information or complaint: 5 and 6 of RA 9211
for violation of other provisions
of RA 9211

244 Rep. Act No. 9211 (2004), Sec. 32; relate to RULES OF COURT, Rule 112, Sec. 1.
246 If the penalty is only a fine (as in the case of sections 5 and 6 of RA 9211), the amount of the fine
determines the jurisdiction. If the amount does not exceed P4,000, the MTCs have jurisdiction (See Admin.
Circular No. 09-94). Otherwise, the general jurisdiction of the RTC is applicable (See Sec. 20 of Batas
Pambansa Blg. 129). Moreover, the MTC also has jurisdiction in case of a first offense of sections 5 and 6 as
these will be governed by the Revised Rules on Summary Procedure (See Sec. 1(b)(4)).
8.5. What are the steps involved, when the crime was discovered
by an employee/personnel of an IAC-Tobacco Member-Agency/
Organization?
1. Written Report –
The employee/personnel of the IAC-Tobacco Member Agency/Organization
who personally discovers a violation of RA 9211 and its IRR shall prepare and
submit a report concerning the same to his/her agency/organization.
The report shall be made within twenty-four (24) hours from the discovery.
The report must contain the following:
a. Name and designation of the employee/personnel who
discovered the violation;
b. Date, time, and place of discovery of the alleged violation;
c. Brief description of the alleged violation;
d. Name of the person(s) who committed the violation, if identified;
and
e. Other relevant additional information, if any. 247
The discovery of the violation may have been made during a regular and
routine inspection which all IAC-Tobacco Member Agencies/Organizations
are mandated to conduct, with or without complaint, to monitor compliance
with RA 9211 and its IRR.248
2. Forwarding of Report to Local Office of Pilot Agency Concerned
The IAC-Tobacco Member Agency/Organization concerned shall forward

the written report to the Local Office of the Pilot Agency concerned in the
place where the alleged violation was committed.
There are two (2) Pilot Agencies, which are designated with their respective
areas of administrative responsibility, to wit:
1. Department of Health (DOH), concerned with:
a. Health and Environment (Sections 5 & 6, RA 9211);
b. Advertising and Promotions (Sections 13-27, RA 9211); and
2. Department of Trade and Industry (DTI), concerned with Access

Restrictions (Sections 7-12, RA 9211).249
247 MEG (2008), Item V.1.

248 MEG (2008), Item III.1.
249 MEG (2008), Item IV
The “Local Office of the Pilot Agency” refers to the DOH Center for Health
Development or the DTI Regional/Provincial Office in the particular locality
where the alleged violation committed. It also refers to such other local
offices which the Pilot Agencies may designate from within their respective
departmental organizations to perform the functions under the MEG of RA
9211. 250
3. Investigation
Within ten (10) working days from receipt of the Report, the Local Office of
the Pilot Agency shall conduct the appropriate research and investigation for
purposes of gathering competent data and information on the alleged violation
of RA 9211. 251
Within five (5) working days from the lapse of the 10-working day investigation
period, the Local Office of the Pilot Agency shall prepare an Investigation
Report. It shall furnish certified true copies thereof to the complainant and the
IAC-Tobacco Secretariat. Within fifteen (15) days from receipt thereof, the IAC-
Tobacco Secretariat shall disseminate copies of the Investigation Report to the
IAC-Tobacco Member Agencies/Organizations. 252
4. Filing of Complaint or Information
Where the Investigation Report may involve criminal violation(s) of RA 9211,

the Local Office of the Pilot Agency shall render the necessary assistance to the
complainant(s) in filing criminal proceedings against the respondent(s) by a
sworn affidavit complaint. 253

9211 is three (3) years, no preliminary investigation is required.254 The criminal
action may be instituted by the filing of a complaint or information directly with
the Municipal Trial Courts and Municipal Circuit Trial Courts, or Regional Trial
Courts 255 or the complaint with the office of the prosecutor. In Manila and other
chartered cities, the complaint shall be filed with the office of the prosecutor
unless otherwise provided in their charters. 256
250 MEG (2008), Item II.

251 MEG (2008), Item VI.1.
252 MEG (2008), Item VI.2.
253 MEG (2008), Item VI.3; IRR of RA 9211 (2004), Title VI, Rule II
254 Rep. Act No. 9211 (2003), Sec. 32; relate to RULES OF COURT, Rule 112, Sec. 1.
255 Supra, footnote 247.
IAC-Tobacco employee who discovers violation files a written report

Forward report to: (1) DOH (violation of sections 5, 6, 13-27 of RA 9211)
or, (2) DTI (violations for sections 7-12)

DOH/DTI conducts investigation within 10 days

DOH/DTI prepares Investigation Report within 5 days

DOH/DTI provides copies of the Report to complainant and IAC-
TOBACCO Secretariat

IAC-Tobacco Secretariat submits copies to IAC-TOBACCO Member
Agencies within 15 days

Complainant, with assistance of local office of DTI/DOH, files a
complaint or information
  
MTC RTC Office of Prosecutor
- file information (if in Metro RTC (file complaint or - file complaint: if in Metro
Manila or other chartered information) Manila or other chartered
cities) : for a first-time violation - file complaint or information: cities for violations of RA 9211,
of sections 5 and 6 of RA 9211 for second and subsequent except first time violation of
(rules on summary procedure violation of sections 5 and 6 of sections 5 and 6.
apply) RA 9211
- file information or complaint:

for violation of other provisions
of RA 9211
8.6. What are the steps involved, when the violation was discovered
by a private individual?
A private individual who discovers the commission of any violation under RA

9211 may report it to any of the following:
1.City or municipal mayor;
2.City or municipal building official;
3.Any member of the Philippine National Police;
4.Any member of the MMDA (if within Metro Manila);
5.Any official deputized for law enforcement by an LGU (e.g. Green Police
of Pasig, MAPSA of Makati, OPSS personnel of Marikina, and other such
local officials);
6. Any employee or personnel of any IAC-Tobacco Member Agency/
Organization.
The private individual may also choose to file the case directly with the
prosecutor.
If reported to the city or municipal mayor and building official and any
member of the PNP, these officials will conduct the necessary investigation of
the premises or persons involved to verify and confirm the commission of the
offense. The traditional procedure for investigating crimes shall be followed,
and the usual standards of due process and other constitutional and statutory
limitations will apply. (See flowchart under Part III A, 8.4 of this manual)
If reported to any employee or personnel of any IAC-Tobacco Member Agency/

Organization, the following steps will apply: 257
1. Complaint
There are two ways of filing the complaint with the IAC-Tobacco, to wit:
1. It may be filed personally with an IAC-Tobacco Member Agency/

Organization
2. It may be filed with a Pilot Agency via:
a. Hotline;
b. Private courier;
c. Registered mail; or
d. Electronic mail/message.
257 MEG (2008), Item V.

2. Written Report 258
The employee/personnel of the IAC-Tobacco Member Agency/Organization or

the Pilot Agency who receives the complaint shall prepare and submit to his/her
agency/organization a written report concerning the same.
The report shall be made within twenty-four (24) hours from receipt of the
complaint.
The report must contain the following:
a. Name, age and contact information of the complainant;
b. Description of the alleged violation;
c. Date and time when the alleged violation occurred;
d. Place where the alleged violation occurred;
e. Name of person(s) who committed the alleged violation, if identified;
and
f. Other relevant additional information, if any.
3. Forwarding of Report to the Local Office of Pilot Agency Concerned

The IAC-Tobacco Member Agency/Organization concerned shall forward the
written report to the Local Office of the Pilot Agency concerned, in the place
where the alleged violation was committed.259
4. Investigation
Within ten (10) working days from receipt of the Report, the Local Office of
the Pilot Agency shall conduct the appropriate research and investigation for
purposes of gathering competent data and information on the alleged violation
of RA 9211. 260
Within five (5) working days from the lapse of the 10-working day investigation
period, the Local Office of the Pilot Agency shall prepare an Investigation
Report. It shall furnish certified true copies thereof to the complainant and the
IAC-Tobacco Secretariat. Within fifteen (15) days from receipt thereof, the IAC-
Tobacco Secretariat shall disseminate copies of the Investigation Report to the
IAC-Tobacco Member Agencies/Organizations. 261
258 MEG (2008), Items V.2 & V.3.

259 MEG, Item V.4.
260 MEG (2008), Item VI.1.
261 MEG (2008), Item VI.2.
5. Filing of Complaint or Information

Where the Investigation Report may involve criminal violation(s) of RA 9211,
the Local Office of the Pilot Agency shall render the necessary assistance to the
complainant(s) in filing criminal proceedings against the respondent(s) by a
sworn affidavit complaint. 262

9211 is three (3) years, no preliminary investigation is required.263 The criminal
action may be instituted by the filing of a complaint or information directly
with the Municipal Trial Courts, the Municipal Circuit Trial Courts or Regional
Trial Court (whichever is applicable),264 or the complaint with the office of the
prosecutor. In Manila and other chartered cities, the complaint shall be filed
with the office of the prosecutor, unless otherwise provided in their charters.265
(See flowchart under Part III A, 8.5 of this manual)
9. What civil remedies are available against violators of RA 9211?

RA 9211 allows the initiation of civil actions and the availment of civil remedies
by private parties in connection with the tobacco industry or any provision of
RA 9211.
A civil action is one by which a party sues another for the enforcement or
protection of a right, or the prevention or redress of a wrong.266 In civil cases,
the party having the burden of proof must establish his case by a preponderance
of evidence.267
RA 9211 allows the institution of any kind of legal action (including civil actions)
in connection with the tobacco industry, in which case, it will be governed
by “the provisions of the Philippine Civil Code and other applicable laws”.268
More particularly, the IRR provides that any legal action in connection with
the tobacco industry that does not pertain to the violation of any provision of
RA 9211 and its IRR, shall be governed by the provisions of the Philippine Civil
Code, and other applicable laws.269
262 MEG (2008), Item VI.3; relate to IRR of RA 9211 (2004), Title VI, Rule II.
263 Rep. Act No. 9211 (2003), Sec. 32; RULES OF COURT, Rule 112, Sec. 1.
264 Supra, footnote 247.
266 RULES OF COURT, Rule I, Sec. 3(a).
268 Rep. Act No. 9211 (2003), Sec. 28.
269 IRR of RA 9211 (2004), Title V, Rule I, Sec. 1.
10. What administrative remedies are available against violators of RA

9211?
RA 9211 allows the resort to administrative remedies, in the implementation or

enforcement of its provisions, particularly with the Department of Health. Other
administrative agencies may provide alternative venues, such as the DTI or the
Environmental Public Works Management (based on the Consumer Protection
Act and Trade and Industry Laws,270 and the Clean Air Act,271 respectively). Just
recently, the Civil Service Commission issued Memorandum Circular No. 17
Series of 2009. The said circular deals with smoking in all equipment government
offices and is based on a 100% smoke free environment policy. Violations of the
said circular are considered grounds for disciplinary action. 272
In cases filed before administrative or quasi-judicial bodies, a fact may be

deemed established if it is supported by substantial evidence, or that amount of
relevant evidence which a reasonable mind might accept as adequate to justify
a conclusion. 273
RA 9211 allows the institution of any kind of legal action (including administrative
remedies) in connection with the tobacco industry, in which case, it will be
governed by “the provisions of the Philippine Civil Code and other applicable
laws”. 274 More particularly, the IRR provides that any legal action in connection
with the tobacco industry that does not pertain to the violation of any provision
of RA 9211 and its IRR, shall be governed by the provisions of the Philippine Civil
Code, and other applicable laws. 275
270 See Rep. Act No. 7394 (1992), Exec. Order No. 133 and DTI Department Administrative Order No. 7.
271 See Rep. Act No. 8749 (1999), Chapter V, Secs. 40-44.
272 See CSC Memo Circular No. 17, Series of 2009.
274 Rep. Act No. 9211 (2003), Sec. 28.
275 IRR of RA 9211 (2003), Title V, Rule I, Sec. 1.
1. INTRODUCTION
The national law on tobacco control, RA 9211 and its IRR, provides enough basis
for local governments to act. However, most local officials find it necessary
that an ordinance providing details addressing local concerns be first passed.
However, it is pointed out that there is no need for an ordinance to implement a
national law, because a national law is applicable throughout the whole breadth
and length of the state.276 Where there is both an ordinance and a law, like in
the case of smoking, both find application and must both be implemented in
the local government unit.277 It would be absurd to think that a law cannot
be implemented in a local government unit because an ordinance was not
enacted.
A municipal corporation can enact legislation that is more restrictive, because

it deems them more injurious in their localities than the state.278 This is to
better serve the needs of the population, under the general welfare clause
of the Local Government Code. The enlargement upon the provision of a
statute of the state, as by the imposition of additional penalties, does not
result in inconsistency.279
Furthermore, there may be questions on whether those ordinances which

have been passed earlier than RA 9211 have already been repealed by the
latter. Indeed, a later law repeals an earlier law on the same subject, either
expressly by providing for a repealing clause, or impliedly when the two are so
inconsistent such that they cannot stand together. RA 9211 contains a general
repealing clause. Nevertheless, existing ordinances on tobacco control should
still be implemented, if it is not inconsistent with RA 9211. Hence, a violator may
be charged under either the local ordinance or RA 9211 in cases where both are
applicable. If an act is covered by an ordinance alone or RA 9211 alone, then
such law will apply.
Moreover, each local government has developed its own system for
implementing laws, including RA 9211 and tobacco-related ordinances. This
has evolved through time and practice, and finds their legal basis either in
the respective tobacco ordinances of the LGUs or other ordinances passed in
earlier years or even national laws. Given the variety of methodologies and
systems among the various LGUs in the Metropolitan Manila, a discussion of
the implementation mechanisms that have been adopted and exercised in each
city shall be necessary.
276 US v. Joson, 26 Phil. 1 (1913).
277 Under Sections 389(b)(1), 444(2) & 465(2) of Rep. Act 7160, the Chief Executive of a local government
unit (barangay chairman, mayor and governor) is mandated to enforce all laws and ordinances within the
jurisdiction of the local government unit.
278 US v. Joson, 26 Phil. 1 (1913).
279 People v. Chong Hong, G.R. No. L-45363 ,June 13, 1938.
2. MAKATI CITY

Makati City has the best record with respect to the implementation of
tobacco-related measures. Indeed, its success in the enforcement of its
tobacco ordinance has caught the attention of the national as well as
the international audience, and has marked the city as a model for other
communities to emulate. Several factors contributed to their success,
particularly the following:
1. Strong political will of its leader/chief executive, Mayor Jejomar
Binay;
2. Relatively clear and existing system of enforcement, to which the
requirements and prohibitions of its tobacco ordinance have been
integrated;
3. Proactive and close mutual coordination among the relevant
government agencies;
4. Resources of the City;
5. High level of publicity and media coverage; and
6. Robust public support and awareness.
The IRR of its ordinance created the Makati Anti-Smoking Task Force, to
implement City Ordinance No. 2002-090 and monitor its strict enforcement.
The Task Force includes representatives of the City Health Department, the
Engineering Department/City Building Official, the Treasury Department,
the Information and Community Relations Department, the Makati Police
Department, and other concerned agencies from the local government and
the private sector.280
The Task Force is being coordinated by the City Health Department. All
department members regularly submit updates and reports to the City Health
Department. The Task Force, as a whole, is required to submit a Progress
Report on the enforcement of the ordinance to the Office of the Mayor and
the City Council every six (6) months.281
The Makati Anti-Smoking Task Force has the following powers and functions:
280 IRR of Makati City Ordinance No. 2002-090, Rule VI, Sec. 1.
1. To conduct anti-smoking campaigns and programs and deputize

local enforcers who shall apprehend violators of the anti-smoking
ordinance together with or aside from the police, MAPSA, city health
and building official personnel.
2. To authorize barangay officials to form their own anti-smoking task
forces, whose members shall be duly deputized by the Task Force
to apprehend violators and collect corresponding fines within the
territorial jurisdiction of their respective barangays.
3. To conduct special operations to apprehend violators through a
composite team composed of its deputies and members of the
Makati Police and MAPSA personnel.
4. To establish links with transport-based organizations, such as MJODAP
and FEJODAP, to promote awareness of the ordinance among drivers
of public conveyances and ensure their full cooperation.
5. To closely coordinate with the management of business, commercial,
and entertainment establishments in the city to effectively monitor
their strict compliance with the ordinance.
6. To conduct random, unannounced ocular inspections on concerned
establishments and impose corresponding penalties on those found
to be in violation of the ordinance.
7. To establish a computerized database, through the City Treasury’s
Miscellaneous Division, that would facilitate the monitoring and
recording of violations, to ensure the imposition of sanctions
appropriate to the frequency of violations. 282
Makati City has in place a system of enforcement, including a ticketing system. Its
various agencies coordinate with each other closely in carrying out their tasks.
The requirements of RA 9211 and its tobacco ordinance were simply integrated
into this existing scheme in Makati City, resulting in little to no disruption in
their work and ease in implementation. Thus, tobacco control standards and
requirements are simultaneously included as the City Health Department
conducts its annual sanitation standard check among establishments with
its Sanitation Inspectors. The City Engineering Department/Building Official
also conducts annual monitoring of the mechanical/ventilation compliance
of establishments, particularly those which have designated smoking areas.
These departments usually conduct the inspections together as a team.
On the other hand, the Makati Police Department, Makati Public Safety
Officials and local deputies (Bantay Bayan) conduct constant surveillance of
the streets, public areas, and commercial establishments. Mall securities are
likewise asked to coordinate in the enforcement of the ordinance.
Since the implementation of the ordinance in 2003, no violation has merited
a court case yet. Nevertheless, more than two hundred (200) establishments
have been given warnings due to non-compliance; these establishments have
subsequently complied. Thus far, nine (9) establishments have been subject
to Closure Order. As regards individuals, a total of one hundred seventy-two
(172) have been fined.
2.2. What are the steps in proceeding against individuals who violate the
tobacco ordinance in Makati?
The steps involved in proceeding against individual offenders are as follows:
1. Discovery of the commission of a violation

2. Any concerned citizen may report the violation to:
a. Any member, employee or personnel of any of the component
agencies of the Makati Anti-Smoking Task Force, such as the City
Health Department or the City Engineering Department/City
Building Official,
b. Any member of the Philippine National Police stationed in Makati
City or the Makati Police Station,
c. Any member of the Makati Public Safety Department (formerly
MAPSA)
d. Other duly deputized local enforcers, including members of
Bantay Bayan.
3. The proper local law enforcer shall apprehend the violator. This refers
to the latter three of those enumerated above, i.e.
a. Any member of the Philippine National Police stationed in Makati
City or the Makati Police Station,
b. Any member of the Makati Public Safety Department (formerly
MAPSA)
c. Other duly deputized local enforcers, including members of
Bantay Bayan.
4. The proper law enforcer shall issue an Ordinance Violation Receipt or

citation ticket, and shall instruct the offender to pay the fine, either
immediately or at the City Treasurer’s Office within a given period of
time.
5. Payment of fine
a. If the violator does not contest the violation and is willing to pay
the fine, he may voluntarily pay the fine. This will allow him to avoid
criminal prosecution, particularly if done prior to the institution of a
criminal action.
b. If the violator does not pay the fine, the law enforcer shall institute
the proper criminal action. The violator in this case either contests
the violation and refuses to pay the fine, or simply fails to pay the
fine for any other reason.
6. The fees collected by the enforcers shall be remitted on a daily basis

to the City Treasury through the Miscellaneous Division. On the other
hand, fees collected by task force deputies based in barangays shall be
remitted on a daily basis to the corresponding Barangay Treasury.283
2.3. What are the steps in proceeding against establishments which violate or
fail to comply with the tobacco ordinance in Makati City?
The steps involved in proceeding against offending establishments are as

follows:
1. Discovery of the commission of a violation;
agencies of the Makati Anti-Smoking Task Force, such as:
i. The City Health Department or
ii. The City Engineering Department/City Building
Official,
b. Any member of the Philippine National Police stationed in
Makati City or the Makati Police Station,
c. Any member of the Makati Public Safety Department
(formerly MAPSA),
d. Other duly deputized local enforcers, including members
of Bantay Bayan.
3. The proper law enforcers shall inspect the premises of the reported
establishment, for purposes of verifying the commission of the
offense. This is usually a team, composed of personnel and members
of the Anti-Smoking Task Force, including inspectors from the City
Health Department and the City Engineering Department/City
Building Official, the police and/or MAPSA members or local
deputies.
283 IRR of Ordinance No. 2002-090, Rule V, Section 3 & 4.

4. If found to be non-compliant or to have committed a violation, the

Makati Health Department shall recommend the immediate closure
of the erring establishment to the City Administrator’s Office. At
the same time, the inspector shall issue a warning letter, a request
for payment of the fine, and a request for compliance to the erring
establishment.
5. The City Administrator’s Office shall issue a Closure Order against

the erring establishment.
6. The establishment shall pay the fine.
7. The establishment has two possible courses of action. It may either:

a. Continue to violate the ordinance or to take no action. In case
of continued non-compliance or inaction, the Closure Order
shall be executed and the establishment shall be closed; or
b. Submit a written request for re-inspection of the premises,
and pay the re-inspection fee.
8. If the establishment follows Step 7(b), the proper law enforcers shall
re-inspect the premises of the requesting establishment. Upon re-
inspection, the inspector may find that the establishment either:
a. Continues to violate the ordinance. In case of continued
non-compliance, the Closure Order shall be executed and the
establishment shall be closed.
b. Complies with the ordinance. If found to be compliant, the
establishment shall secure an endorsement from the Makati
Health Department for the lifting of the Closure Order.
9. In case Step 8(b) applies, the endorsement of the Makati Health

Department shall be forwarded to the City Administrator’s Office for
final approval.
10. Upon final approval of the City Administrator’s Office, the Closure
Order shall be lifted and the establishment may continue to
operate.
Violation
INDIVIDUALS
  ESTABLISHMENTS
- toleration of smoking in absolutely smoke-free areas
- smoking in public places declared as “absolutely smoke-
- toleration of smoking in non-smoking areas
free areas” - toleration of smoking in public conveyances
- smoking in non-smoking area of other public places - non-compliance with specifications in the designation of
- smoking in public conveyances smoking and non-smoking areas
- failure to post “no smoking” sign in vehicle - operation of designated smoking areas without prior
approval or clearance from the City Engineering and City
Health Departments
Penalties - provision of ashtrays within the establishment in violation of
1st offense: P1,000.00 fine Rule III, Section 2 of IRR
2nd offense: P2,000.00 fine - operation of defective/inadequate facilities and equipment in
designated smoking areas
3rd offense: P3,000.00 fine or imprisonment for not
- non-compliance with specifications and requirements on
less than three (3) days but not more than six (6) signages in proper areas and in public conveyances
days or both at the discretion of the court

Report violation to:
- Makati Police Station Penalties
1st offense: P1,000.00 fine
- Makati Public Safety Dept. (formerly MAPSA)
2nd offense: P2,000.00 fine
- DOH local office or hotline 3rd offense: P3,000.00 fine or imprisonment for not less than
three (3) days but not more than six (6) days or both at the

discretion of the court
Issuance of Ordinance Violation Receipt


  - Makati Police Station
Payment of fine File complaint with - Makati Public Safety Dept. (formerly MAPSA)
prosecutor - Makati Health Dept.
- Makati Engineering Dept.
- DOH local office or hotline

Verification and inspection of premises

Issuance of Closure Order by the City Administrator’s Office
 
Establishment submits a written request Execution of Closure
for re-inspection of the premises + Order, in case of
payment of re-inspection fee continued non-
compliance
 
If found compliant, establishment shall secure In case of continued
an endorsement from the Makati Health Dept. non-compliance,
for the lifting of the Closure Order Closure Order shall be
executed

Endorsement of the
Lifting of Closure Makati Health Dept shall
Order, upon final

be forwarded to the City
approval of the City Administrator’s Office for
Administrator’s Office final approval
3. MANDALUYONG CITY
Mandaluyong has a tobacco ordinance as well as an IRR whose provisions equal

or even exceed the standards of the best tobacco control ordinances in Metro
Manila. Its ordinance is almost a carbon copy of Makati City Ordinance No.
2002-090. Now, Mandaluyong is vigilant in implementing RA 9211 and its own
anti-smoking ordinance. Mayor Benjamin Abalos is at the forefront of mayors in
Metro Manila who is pushing for the implementation and enforcement of the
law.
Presently, it is the Mandaluyong Health Department which conducts activities

in relation to tobacco control and regulation. The city now focuses its efforts on
raising awareness on the health effects and hazards of smoking, in the hope of
rousing private initiatives towards a 100% smoke-free policy in establishments
therein.
What is included in this manual in the succeeding pages, is the recommended

method of implementation as provided in their ordinance and its implementing
rules.
The IRR of the Mandaluyong ordinance created the Mandaluyong Anti-

Smoking Task Force, to implement City Ordinance No. 347-2005 and monitor
its strict enforcement. The Task Force includes representatives of the City Health
Department (MHD), the Engineering Department/City Building Official, the
Treasury Department, the Public Information Office (PIO), the Mandaluyong
Police Department (MPD), and other concerned agencies from the local
government and the private sector. 284
The Task Force is required to submit a Progress Report on the enforcement

of the ordinance to the Office of the Mayor and the City Council every six (6)
months. 285
The powers and functions of the Mandaluyong Anti-Smoking Task Force

includes the following:
1. To conduct anti-smoking campaigns and programs and deputize
enforcers who shall apprehend violators of the anti-smoking
ordinance together with or aside from the police, Public Order and
284 IRR of Mandaluyong Ordinance No. 347, S-2005, Rule VI, Sec. 1.
285 IRR of Mandaluyong Ordinance No. 347, S-2005, Rule VI, Sec. 1.
Safety (POS), city health and building official personnel.

2. To authorize Barangay Officials to form their own anti-smoking task
force, whose members shall be duly deputized by the Task Force
to apprehend violators and collect corresponding fines within the
territorial jurisdiction of their respective Barangays.
3. To conduct special operations to apprehend violators through a
composite team composed of its deputies and members of the
Mandaluyong Police and Public Order and Safety (POS) personnel.
4. To establish links with transport-based organizations, such as the
MJODAP and FEJODAP, to promote awareness of the Ordinance among
drivers of public conveyances and ensure their full cooperation.
5. To closely coordinate with the management of business, commercial,
and entertainment establishments in the city to effectively monitor
their strict compliance with the ordinance.
6. To conduct random, unannounced ocular inspections on concerned
establishments and impose corresponding penalties on those found
to be in violation of the Ordinance.
7. To establish a computerized database, through the City Treasury’s
Miscellaneous Division, that would facilitate the monitoring and
recording of violations, to ensure the imposition of sanctions
appropriate to the frequency of violations.
At present, the City Health Department coordinates all information and
promotion campaigns on tobacco control through its health workers and
sanitation inspectors. Its sanitation inspectors conduct annual sanitation
standard checks among establishments. Moreover, the City Health Department
collaborates with non-government organizations such as FCAP to help it in its
pursuit of a 100% smoke-free policy in establishments within its jurisdiction.
On the other hand, the City Engineering Department/Building Official likewise
conducts annual monitoring and inspection of the mechanical/ventilation
compliance of establishments which have designated smoking areas.
Since the enactment of the ordinance, no violation has merited a court case
yet. The previous Task Force Secretariat had records and files of violations and
penalties. Survey interviews conducted in public areas report that violators in
public conveyances are indeed apprehended and fines collected.
tobacco ordinance in Mandaluyong City?

agencies of the Mandaluyong Anti-Smoking Task Force, such as the
City Health Department or the City Engineering Department/City
Building Official (this is not available at present, because the said
Task Force is currently defunct),
b. Mandaluyong Health Department
c. Any member of the Philippine National Police stationed in
Mandaluyong, or the Mandaluyong Police Department,
d. Any Mandaluyong Public Order and Safety (POS) personnel,
e. Other duly deputized local enforcers.
7. The proper local law enforcer shall apprehend the violator. This refers
to the latter three of those enumerated above, i.e.
a. Any member of the Philippine National Police stationed in
Mandaluyong or the Mandaluyong Police Department,
b. Any member or personnel of the Mandaluyong Public Order and
Safety (POS) Department,
c. Other duly deputized local enforcers.
3. The proper law enforcer shall issue an Ordinance Violation Receipt

or citation ticket, indicating the fine imposed. He shall instruct the
offender to pay the fine at the City Treasurer’s Office within a given
period.
4. Payment of fine
the fine, he may voluntarily pay the fine to the City Treasurer. This
will allow him to avoid criminal prosecution, particularly if done
prior to the institution of a criminal action, and the process ends.
5. Fees collected by enforcers shall be remitted on a daily basis to the

City Treasury through the Miscellaneous Division. Fees collected by
task force deputies based in Barangays shall be remitted on a daily
basis to the corresponding Barangay Treasury.
3.2. What are the steps in proceeding against establishments who violate the
tobacco ordinance in Mandaluyong City?
agencies of the Mandaluyong Anti-Smoking Task Force,
such as the City Health Department or the City Engineering
Department/City Building Official (this is not available at
present, because the said Task Force is currently defunct),
b. Mandaluyong Health Department
c. Mandaluyong Engineering Department
d. Any member of the Philippine National Police stationed in
Mandaluyong, or the Mandaluyong Police Department,
e. Any Mandaluyong Public Order and Safety (POS) personnel
f. Other duly deputized local enforcers.
3. The proper law enforcers shall inspect the premises of the

reported establishment, for purposes of verifying the commission
of the offense.
4. If found to be non-compliant or to have committed a violation,

the Mandaluyong Health Department shall recommend the
immediate closure of the erring establishment to the City
Administrator’s Office. At the same time, the inspector shall issue
a warning letter, together with a request for payment of the fine
and a request for compliance, to the erring establishment.
5. The City Administrator’s Office shall issue a Closure Order against

6. The establishment shall pay the fine.

7. The establishment has two possible courses of action. It may
either:
a. Continue to violate the ordinance or to take no action. In case
of continued non-compliance or inaction, the Closure Order
shall be executed and the establishment shall be closed; or
b. Submit a written request for re-inspection of the premises, and
pay the re-inspection fee.
8. If the establishment follows Step 7(b), the proper law enforcers

shall re-inspect the premises of the requesting establishment.
Upon re-inspection, the establishment either:

a. Continues to violate the ordinance. In case of continued non-
compliance, the Closure Order shall be executed and the
establishment shall be closed.
b. Complies with the ordinance. If found compliant, the
establishment shall secure an endorsement from the
Mandaluyong Health Department for the lifting of the Closure
Order.
9. In case Step 8(b) applies, the endorsement of the Mandaluyong
Health Department shall be forwarded to the City Administrator’s
Office for final approval.
10. Upon final approval of the City Administrator’s Office, the

Closure Order shall be lifted, and the establishment may continue
to operate.

Violation
INDIVIDUALS
- toleration of smoking in “absolutely smoke-free areas”
- smoking in public place declared as “absolutely smoke-
- toleration of smoking in non-smoking areas or despite being
free” classified as a “smoke-free” establishment by the City Health
- smoking in non-smoking area of other public places Department
- smoking in public conveyances - toleration of smoking in public conveyances
- failure to post “no smoking” sign in vehicle - non-compliance with specifications for designated smoking
areas
- operation of designated smoking areas without prior
Penalties approval or clearance from the City Engineering and City
1st offense: P1,000.00 fine Health Departments
2nd offense: P2,000.00 fine - provision of ashtrays within the establishment in violation of
Rule III, Section 2 hereof
3rd offense: P3,000.00 fine or imprisonment of
- operation of defective/inadequate facilities and equipment in
3 days but not more than 6 days or both at the designated smoking areas
discretion of the court - non-compliance with specifications and requirements on
signages in proper areas and public conveyances
 - non-provision of “no-smoking” signages as prescribed in the

Ordinance

- Mandaluyong Police Dept. Penalties
1st offense: P1,000.00 fine
- Mandaluyong Public Order and Safety personnel (POS)
2nd offense: P2,000.00 fine
- Mandaluyong Health Dept 3rd offense: P3,000.00 fine or imprisonment for not less than
- DOH local office or hotline 3 days but not more than 6 days or both at the discretion of

the court
*The City Government may order the closure of a public place
that violates this ordinance
Issuance of Ordinance Violation Receipt

  Report violation to:
- Mandaluyong Police Dept.
Payment of fine File complaint with - Mandaluyong Public Order and Safety personnel (POS)
prosecutor - Mandaluyong Health Dept
- Mandaluyong Engineering Dept.
- DOH local office or hotline

Verification and inspection of premises

Mandaluyong Health Dept. shall recommend the immediate closure
of the erring establishment to the City Administrator’s Office
Inspector shall issue a warning letter and request for compliance to
the erring establishment

Issuance of Closure Order by the City Administrator’s Office
 
Establishment submits Execution of Closure
a written request for re- Order, in case of
inspection of the premises + continued non-
payment of re-inspection fee compliance
 
Lifting of Closure Endorsement of the
Mandaluyong Health Dept If found compliant, establishment In case of continued
Order, upon final
approval of the City
Administrator’s Office
 shall be forwarded to the
City Administrator’s Office
 shall secure an endorsement from
the Mandaluyong Health Dept for
non-compliance,
Closure Order shall be
for final approval the lifting of the Closure Order executed
4. MANILA CITY
Manila has had a tobacco ordinance since 1969, which regulated smoking in
public places. Subsequent amendments and additions to the said ordinance
aims to curb smoking among minors and the youth. The recent thrust of the
Manila City government however, is to enforce RA 9211, the national law on
tobacco regulation, in contrast to other local governments in Metro Manila.
This is a welcome development, as the law is broader in scope as regards the
regulation of smoking in public places than most local ordinances. Moreover,
it addresses other aspects of tobacco control which such ordinances may
have overlooked, such as advertisements, promotions and sponsorships. This
can bee seen in the recent issuances of its local government. For instance,
City Council Resolution No. 89, issued on August 2, 2007 urges the mayor to
dismantle billboards, leaflets, posters and similar outdoor advertising materials
containing tobacco advertisements, except inside the premises of point-of-sale
retail establishments, in implementation of RA 9211. Executive Order (EO) No.
36, series of 2007, issued last December 14, 2007, created the Manila Anti-
Smoking Task Force for purposes of enabling the strict implementation of RA
9211. These demonstrate Manila’s support for national anti-smoking initiatives.
The Manila Anti-Smoking Task Force is an inter-agency task force, specifically

tasked to take necessary steps for the strict implementation of RA 9211.
According to the EO, the City Mayor shall be its Honorary Chairperson; the Chief
of Staff, the Chairperson; and the City Administrator, the Co-Chairperson. Its
members include: the City Legal Officer; the City Engineer’s/Building Official;
the City Health Officer; Chief of the Business Promotion & Development Office;
City Information Officer; Commander, District Special Project Unit (DSPU),
Manila Police District; and the City Tourism Director .286
Each member carries out his respective role based on the basic mandate of his
department and/or office. They closely coordinate with each other in performing
their functions as part of the Anti-Smoking Task Force. They hold regular monthly
meetings to discuss and plan activities as a group. The meetings also serve as a
venue for evaluating the accomplishments of each member. More specifically,
the task force was given the following duties and responsibilities:
286 Exec. Order No. 36, Sec. 2.

1. Monitor the strict compliance and implementation of RA 9211 and its

IRR specifically pertaining to smoking ban, access restrictions, point-
of-sale establishments, and cinema and outdoor advertising;
2. Take necessary steps, such as the institution of criminal proceedings
against violators of the provisions of RA 9211 and its IRR as well as to
cause the closure of non-compliant cinema and removal of outdoor
advertising, and tobacco-related self-service facilities as the case
may be;
3. Coordinate with the City Engineer’s Office/Office of the City Building
Official for the purpose of determining if the designated smoking
area is in conformity with the provisions of PD1096 and the Society
of Mechanical Engineers Code as mandated by Title II, Rule I of the
IRR of RA 9211;
4. After determining with the City Engineer’s Office/Office of the City
Building Official that the designated smoking area is in conformity
with PD1096 and the Society of Mechanical Engineers Code, to
issue a Certificate of Conformity in favor of owner, proprietor,
operator, manager, or administrator of the subject establishment
and recommend to the City Mayor through the Business Promotions
and Development Office the closure of the establishment(s) which
violates the provision(s) of RA 9211 and its IRR and other related laws
and ordinances;
5. Submit a Monthly Report to the City Mayor pertaining to its duties
and accomplishments;
6. Perform such other duties and functions as may be directed by the
City Mayor or its duly authorized representative in connection with
RA 9211 and its IRR, and other related laws and ordinances.287
The EO also provides for the Secretariat of the Task Force. The Secretariat shall
be headed by the Manila Health Department, and will have a Support Staff
composed of the Assistant City Legal Officer or Representative, the Assistant
City Engineer or Representative, the Business Promotions and Development
Office Representative, and a DSPU Representative.288 The Secretariat
coordinates all information and activities among the members of the Task
Force. It makes sure that all relevant information are circulated among its
members, keeps relevant records, minutes of meetings, and other related
tasks.

The Task Force has just commenced its functions. According to its members,
they have printed “no smoking” signs and posted them in the City Hall
corridors; are continuing to post “no smoking” signs in schools, public
buildings, and public areas including sari-sari stores; have taken down
tobacco advertisement billboards along highways, major thoroughfares,
as well as sari-sari stores as provided by RA 9211; cancellation of permits
issued to tobacco companies for the putting up of signboard ads in the
city; banned all cigarette vendors inside the City Hall; more stringent
measures in the designation of smoking areas in establishments, which
are carried out under the supervision of sanitary inspectors and building
officials; undertaken inspections of commercial establishments in the
city, which are required to comply with the standards specified in RA 9211
as a condition for the issuance of permits; smoke ban in malls, except in
cafes with designated smoking areas; required all establishments to make
their own signages. Minors are also strictly prohibited from smoking and
establishments are likewise prohibited from selling cigarettes and other
paraphernalia to minors.
What will be discussed in the following pages is an integration of

adopted methods of enforcement and recommendations based on
existing ordinances in Manila and related laws.
tobacco ordinance in Manila City?
agencies of the Manila Anti-Smoking Task Force, such as the City
Health Department or the City Engineer’s Office/City Building
Official.
b. Any member of the Philippine National Police stationed in Manila,
or the Manila Police District,
3. The proper law enforcer shall apprehend the violator. In Manila, this
refers to any member of the Philippine National Police, or the Manila
Police District.
4. The law enforcer shall proceed with the normal process in recording
and investigating crimes. The law enforcer shall bring the offender to
the nearest police station or to a prosecutor.
5. The law enforcer shall institute the proper criminal action.
fail to comply with the tobacco ordinance in Manila City?

agencies of the Manila Anti-Smoking Task Force, such as the City
Health Department or the City Engineer’s Office/City Building
Official.
b. Any member of the Philippine National Police stationed in Manila,
or the Manila Police District,
offense. This will be composed of the inspectors of the proper
government agencies, including the City Health Department and the
City Engineer’s Office/City Building Official, together with members of
the Philippine National Police.
4. If found to be non-compliant or to have committed a violation, the
inspector shall issue a warning letter together with a request for
compliance within a certain period to the erring establishment.
5. Upon expiration of the given period, the proper law enforcers shall
re-inspect the establishment. Upon re-inspection, the inspector may
find that the establishment either:
a. Complies with the ordinance. If found to be compliant, the
process ends and the establishment may continue to operate.
b. Continues to violate the ordinance. In case of continued non-
compliance, the inspector shall issue a second warning letter
together with a request for compliance within a discretionary
period to the erring establishment.
re-inspect the establishment. Following this third re-inspection, the
inspector may find that the establishment either:
process ends, and the establishment may continue to operate.
compliance,
i. The inspector shall require the establishment to pay the fine
or serve other penalty provided in RA 9211 or the proper
ordinance, such as the closure of the establishment or the
revocation of its business license or permit to operate.

ii. The proper law enforcer shall institute the proper criminal
action against the establishment, by filing a complaint with
the prosecutor, or a complaint or information with the proper
court. If convicted, the owner, manager or operator of the
establishment shall be required to pay a fine, or serve time
in prison, or serve other penalties that may be provided in RA
9211 or the proper ordinance.
Violation
INDIVIDUALS
- MINORS smoking at any time (even if accompanied by - any establishment selling or conveying any cigarette or
any person not a minor) cigarette paraphernalia to any minor
- ANY PERSON selling or conveying any cigarette or
cigarette paraphernalia to any minor - restaurants and similar establishments allowing minors
- ANY PERSON smoking in prohibited places: (1) bars, to stay or loiter at designated smoking areas
restaurants, and other enclosed public eating places; (2)
dancehalls, nightclubs and restaurants; (3) factories, plants - restaurants and similar establishments not posting the
and retail stores; (4) public theaters and motion picture required signage (“Children below 18 years old are not
houses; (5) places for storage or carriers of inflammable allwed to loiter , stay or be seated at designted smoking
and explosive materials; (6) inside elevators; (7) passenger areas”)
buses, jeepneys, and other public convenience; (8)
inside bazaars, department stores, markets, bookstores, - establishments whose designated smoking areas do not
warehouses and the like; (9) inside classroom and within comply with the law
the premises of all schools, (for collegiate and higher
levels, the prohibition shall apply only to classrooms and
other enclosed rooms); (10) inside all hospitals and clinics;
(4) inside all enclosed public places where more than 2
persons congregate
 
Penalties Penalties
- MINORS – Community service and P500 fine - SELLING TO MINORS – Fine of P200 (first offense),
for subsequent violations P500 (second offense) and P1000 or 6months
- SELLING TO MINORS – Fine of P200 (first offense), imprisonment or both (for third offense)
P500 (second offense) and P1000 or 6 months
imprisonment or both (for third offense) - ALLOWING MINORS TO LOITER, NON POSTING
- SMOKING IN PROHIBITED PLACES – P300 fine or OF SIGN – Fine of P5,000 or 60 days imprisonment
2 days imprisonment for first offense, revocation of permit for repeat
violations
 
Report to: Report to:
- Any PNP-Manila officer - Any PNP-Manila officer
- City Engineer’s office, to determine if smoking
areas are in conformity with the law
5. MARIKINA CITY
Marikina is in the difficult situation of having a tobacco company within in its

territorial jurisdiction, which additionally happens to be its biggest taxpayer.
Despite this quandary, Marikina has made considerable efforts to promote the
health and general well-being of its inhabitants, particularly that of minors,
garnering its classification as a Healthy City by the World Health Organization. It
is also a member of the Alliance for Healthy Cities, an international network of
cities and other organizations who seek to protect and enhance the health of
city dwellers. 289
Marikina has two ordinances relating to tobacco, both concerning minors. One
prohibits the selling of cigarettes and other tobacco products and paraphernalia
to minors, and the other prohibits minors from smoking cigarettes and
other tobacco products. A resolution seeking to regulate smoking in public
places was passed in 1994, which adopted an MMA (now MMDA) ordinance
concerning smoking. Finally, Marikina has just recently passed the “Marikina
Peace and Order Code of 2006”, which compiles in one document all local
legislations pertaining to peace, order, public safety and security. It also covers
their penalties, implementing agencies and their respective powers and
functions, guidelines on the implementation of the code, alternative penalties
and penalties for minors, and penalty sharing.
Marikina has no centralized “anti-smoking task force”. Instead, the

aforementioned tobacco ordinances expressly provide for the agencies
responsible for their implementation. The ordinances identify the City Health
Office as the agency in charge of monitoring compliance therewith.290 On the
other hand, the Office of Public Safety and Security, School Directors and Offices
in Marikina City, Barangay officials, Kagawad, and Tanods of the Barangay,
shall be in charge of strictly enforcing the ordinance prohibiting minors from
smoking;291 whereas the Business Permit and Licensing Office and the Office
of Public Safety and Security shall strictly enforce the ordinance prohibiting the
sale, transfer and/or conveyance of cigarettes and cigarette paraphernalia to
minors. 292
289 See Marikina City Ordinance No. 105, Series of 2007.

290 Marikina City Ordinance No. 200, Series of 2001, Sec. 6; Marikina City Ordinance No. 201,
Series of 2001, Sec. 6.
291 Marikina City Ordinance No. 201, Series of 2001, Sec. 6.
The OPSS has a City Ordinance Task Force which enforces all ordinances of
Marikina. It apprehends violators who are issued tickets and brought to the
City Hall to pay the fine. It is highly recommended that this system and/or
perhaps this agency be the primary implementing agency of the tobacco
control ordinance and the Tobacco Regulation Act. It is also suggested that the
city develop a regular system for updating its law enforcers on the laws and
ordinances which should be implemented by them.
tobacco ordinance in Marikina City?

a. Any member or employee of the City Health Office,
b. School Directors and Offices in Marikina City,
Marikina, or the Marikina Police Department,
d. Any member of the Office of Public Safety and Security (OPSS),
particularly the OPSS City Ordinance Task Force
e. Barangay Officials, Kagawad, Tanods of Barangays
f. Any member of Bantay Bayan
3. The proper law enforcer shall apprehend the violator. The proper
law enforcer for this purpose refers to the last four in the above
enumeration, namely:
a. Any member of the Philippine National Police stationed in
b. Any member of the Office of Public Safety and Security (OPSS),
particularly the OPSS City Ordinance Task Force,
c. Barangay Officials, Kagawad, Tanods of Barangays,
d. Any member of Bantay Bayan.
4. The law enforcer shall issue an Ordinance Violation Receipt or

citation ticket, indicating the fine imposed. He shall instruct
the offender to pay the fine at the City Treasurer’s Office or the
Barangay Treasurer’s Office, or to serve the penalty provided in the
ordinance, such as community service in the case of the ordinance
prohibiting minors from smoking, within a given period.
5. Payment of fine or service of penalty provided in the ordinance

a. If the violator pays the fine or serves the penalty provided in
the ordinance, within the given period, the process ends. This
will allow him to avoid criminal prosecution, or other lengthy
proceedings.
b. If the violator does not pay the fine nor serve the penalty provided
in the ordinance, within the given period, the law enforcer shall
institute the proper criminal action.
do not comply with the tobacco ordinance in Marikina City?
a. Any member or employee of the City Health Office,
b. Any member or employee of the Business Permit and Licensing
Office of Marikina
d. Any member of the Office of Public Safety and Security (OPSS),
particularly the OPSS City Ordinance Task Force,
e. Barangay Officials, Kagawad, Tanods of Barangays,
f. Any member of Bantay Bayan.
6. The proper law enforcers shall inspect the premises and/or conduct
the necessary investigation of the reported establishment, for
purposes of verifying the commission of the offense.
7. If found to have committed a violation, the proper law enforcer shall

issue an Ordinance Violation Receipt or citation ticket, indicating
the fine imposed. He shall instruct the offender to pay the fine at
the City Treasurer’s Office or the Barangay Treasurer’s Office within
a given period.
8. Payment of fine
the fine, he shall pay the fine at the City Treasurer’s Office or the
Barangay Treasurer’s Office within the given period. This will allow
him to avoid criminal prosecution, particularly if done prior to the
institution of a criminal action, and the process ends.
b. If the violator does not pay the fine within the given period, the
law enforcer shall institute the proper criminal action. The violator
in this case either contests the violation and refuses to pay the
fine, or simply fails to pay the fine for any other reason.
9. A third offense shall merit the temporary closure of the business

establishment concerned for one (1) week.
Violator
INDIVIDUALS
- buying or selling of cigarettes in public places - establishments selling, transferring and/or
- minors smoking cigarettes and other tobacco conveying cigarette products to minors
products
- any person selling and/or conveying cigarette - use, consumption or trade of cigarettes inside
products to minors internet cafes/ computer rental shops/ computer
gaming shops or centers
Penalties
- Buying or selling cigarettes in public places Penalties
- P1,000 fine. Business establishments catering to minors –
- Alternative penalty: (in case of incapacity to pay
the fine) 4 hours of community service For first offense - Fine of P5,000. In case of
incapacity to pay, offender shall render 16 hours (8
* If the offender is a minor, the parents or guardian hours per day) community service.
shall pay the fine or render the community service.
For second offense – Fine of P5,000 and revocation
of business permit and license to operate. Criminal
complaint may also be filed in court.
 Report to:

- Any PNP-Marikina officer
- Office of Public Safety and Security (OPSS),
particularly the OPSS City Ordinance Task Force
- Barangay tanods and Bantay Bayan

Officer issues the ORDINANCE VIOLATION
RECEIPT or CITATION TICKET to person or entity
apprehended

Officer gives instructions to the violator to pay
the fine at the City Treasurer’s Office or Barangay
Treasurer’s Office

Fine paid/ alternative penalty
rendered within 24 hours?
 
YES – Process ended NO - Officer files
until further violations appropriate action in
court
6. PASIG CITY
Pasig City’s tobacco ordinance dates back to 1996. It totally prohibits smoking
in certain public places and conveyances, and requires other establishments
to provide smoking areas. Covered public places are also required to post
“smoking” and “no smoking signs” in the proper areas. It has no implementing
rules or guidelines.
The Pasig City government has successfully enforced their city’s tobacco
ordinance, albeit as part of its environmental program, the Pasig Green City
Program, which is spearheaded by the City Environment and Natural Resources
Office (CENRO). CENRO’s tasks include the inspection of establishments and
the apprehension of violators. The CENRO conducts annual inspections of
establishments. For this purpose, the CENRO has a Business Permits and
Licensing Desk which issues “environmental permits” to establishments which
do comply with environmental standards, including those on the specifications
of smoking and non-smoking areas. For the apprehension of violators in public
places and conveyances, the CENRO has a team of volunteer and deputized local
enforcers called the “Green Police”. The Green Police monitor compliance with,
and apprehend violators of environmental laws, ordinances and other issuances,
basically functioning as an “environmental police”. They have “environmental
violation tickets” or “ordinance violation receipts” which are issued to offenders
who are then required to pay the corresponding fine.
CENRO also coordinates with the Philippine National Police, although the latter’s
functions are more general in character. Moreover, the City Health Office has
initiated activities on tobacco control, including training programs for health
workers and community workers.
6.2. What are the steps in proceeding against individual violators of the
tobacco ordinance in Pasig City?

a. Any member or employee of the City Environment and Natural
Resources Office,
b. Any member of the Philippine National Police stationed in Pasig,
or the Pasig Police Station
c. Any member of the Pasig Green Police
3. The proper law enforcer shall apprehend the violator. The proper law
enforcer refers to the last two in the above enumeration:
a. Any member of the Philippine National Police stationed in Pasig,
or the Pasig Police Station,
b. Any member of the Pasig Green Police.
4. The law enforcer shall issue an Ordinance Violation Receipt or
Environmental Violation Ticket or citation ticket, indicating the fine
imposed. He shall instruct the violator to pay the fine at the City
Treasurer’s Office within a given period.
5. Paymen of Fine
the fine, he may voluntarily pay the fine to the City Treasurer. This
will allow him to avoid criminal prosecution, particularly if done
prior to the institution of a criminal action, and the process ends.
do not comply with the tobacco ordinance of Pasig City?

a. Any member or employee of the City Environment and Natural
Resources Office,
b. Any member of the Philippine National Police stationed in Pasig,
or the Pasig Police Station,
c. Any member of the Pasig Green Police,
d. Business Permits and Licensing Office.
offense.
4. If found to be non-compliant, the law enforcer shall issue an Ordinance

Violation Receipt to the owner, proprietor, administrator, operator or
manager of the establishment. He shall furthermore instruct the
violator to pay the fine within a certain period at the City Treasurer’s
Office.
5. The violator shall pay the fine at the City Treasurer’s Office.
the fine, he shall pay the fine. This will allow him to avoid criminal
prosecution, particularly if done prior to the institution of a
criminal action, and the process ends.
b. If the violator does not pay the fine and/or contests the findings,
the law enforcer shall institute the proper criminal action. The
violator in this case either contests the violation and refuses to
pay the fine, or simply fails to pay the fine for any other reason.
6. A third time offense shall merit the closure of the establishment, the
revocation of its permit or license, as well as the rendering of eight (8)
hours of community service.
Violation
INDIVIDUALS
 
ESTABLISHMENT
- tolerating smoking in areas where totally prohibited and
- tolerating smoking in areas where totally
in designated non-smoking areas
prohibited - failure to designate smoking areas in the following
places:
- smoking in non-smoking areas --> bars, restaurants, etc.
--> dance halls, or other public places
offering facilities for dining and dancing
--> department stores, markets, etc.
Penalties --> factories and plants
1st offense: P100.00 fine - designation of smoking areas where there are fire
hazards, flammable liquids or gases
- failure to post signages in proper areas
2nd offense: P300.00 fine - absence of Environmental Permit to Operate (EPO)
- non-compliance with environmental rules and
3rd offense: P500.00 fine regulations
 Penalties
1st offense: P100.00 fine
2nd offense: P300.00 fine
Report violation to: 3rd offense: P500.00 fine
- Pasig Police Station In case of failure to post signages:
- Pasig Green Police 1st offense: P2,000.00 fine
- Pasig Health Dept. 2nd offense: P5,000.00 fine
- DOH local office or hotline 3rd offense: revocation of permit and eight (8) hours
community service
 In case of failure to secure EPO: P5,000.00 fine

In case of refusal of entry of inspector: P2,500.00
Issuance of Ordinance Violation Receipt 

  Report violation to:
- Pasig Police Station
- Green Police
- Business Permits and Licensing Office
Payment of fine File complaint
with prosecutor

Verification and Inspection of Establishment

Issuance of Ordinance Violation, Receipt to owner,
proprietor, administrator, operator, or manager
 
Issuance of Ordinance Payment of fine
Violation, Receipt to *In case of 3rd time offense,
owner, proprietor, closure of establishment
administrator, operator, or + rendering of 8 hours
manager community service
7. QUEZON CITY

Quezon City has had an ordinance on tobacco since 1974. It has been amended
more recently by the adoption of certain provisions of RA 9211 and its IRR,
i.e. Sections 5 and 6 of RA 9211, and Title II, Rule I, Sections 4 and 5 of its IRR.
Implementing rules for the ordinance have yet to be updated, to incorporate
these recent amendments. In sum at present, Quezon City prohibits smoking
in certain public places, allowing smoking only in designated smoking areas.
Also, it is prohibited for minors to sell, purchase or smoke cigarettes and other
tobacco products.
Implementation of the ordinance is still hampered by the persisting lack of
knowledge as to its contents, both by enforcers as well as by the community
at large. Enforcers have stated that although they are willing to enforce the
tobacco ordinance, they are still unclear about their role and what they can
or should do in enforcing it. Second, there is also the problem of the size of
the territory of Quezon City. This makes it more difficult to implement laws,
including the anti-smoking ordinance, as there is a wider area of jurisdiction
which enforcers must watch over. Third, and compounded by the problem of
territorial size, is the relative deficiency in the number of possible enforcers, or
a lower law enforcer-civilian ratio. That is, each enforcer has a larger number of
civilians to look after. Finally, there is yet no centralized anti-smoking task force
in Quezon City. A centralized task force can coordinate with greater efficiency
the various departments and offices in the implementation of the tobacco
ordinance, thus making them more effective in enforcing their roles.
Despite the difficulties faced by Quezon City in enforcing the tobacco ordinance
and RA 9211, the city has been relatively successful in other aspects. It has been
conducting Information, Education and Communication Campaigns on the
harmful effects of smoking. Moreover it has started enforcing the prohibition
on smoking in a number of the public places and public conveyances.
tobacco ordinance in Quezon City?
a. City Mayor 293
b. City Engineer’s Office 294
293 IRR of RA 9211 (2004), Title VI, Rule II, Sec. 2

c. Any member of the Philippine National Police stationed in Quezon

City, or the Quezon City Police Station
d. Teachers, barangay captains and kagawads, BSDOs, People’s
Patrol 295
e. Other duly deputized local enforcers.
3. The proper law enforcer shall apprehend the violator and bring him to
the nearest police station for investigation.
4. The proper law enforcer shall institute the proper criminal action.
7.3. What are the steps in proceeding against establishments which violate
or do not comply with the tobacco ordinance in Quezon City?
a. City Mayor 296
b. Business Permits and Licensing Office
c. City Engineer’s Office 297
d. Any member of the Philippine National Police stationed in Quezon
City, or the Quezon City Police Station
e. Teachers, barangay captains and kagawads, BSDOs, People’s
Patrol 298
f. Other duly deputized local enforcers.
3. The law enforcer shall inspect the premises of the reported

offense.
4. If found to be non-compliant, the law enforcer shall issue a warning

letter together with a request for compliance within a certain period
to the erring establishment.
re-inspect the establishment. Upon re-inspection, the inspector may
find that the establishment either:
process ends and the establishment may continue to operate.
295 Exec. Order No. 14, Series of 1990, Chapter IV, Sec. 1.
298 Exec. Order No. 14, Series of 1990, Chapter IV, Sec. 1.

compliance, the inspector shall issue a second warning letter
together with a request for compliance within a certain period to
re-inspect the establishment. Following this third re-inspection, the
inspector may find that the establishment either:
process ends, and the establishment may continue to operate.
compliance,
i. The inspector shall require the establishment to pay the fine
or serve other penalty provided in RA 9211 or the proper
ordinance, such as the closure of the establishment or the
revocation of its business license or permit to operate.
ii. The proper law enforcer shall institute the proper criminal
action against the establishment, if the establishment contests
the violation. If convicted, the owner, manager or operator of
the establishment shall be required to pay a fine, or serve time
in prison, or serve other penalties that may be provided in RA
9211 or the proper ordinance.
Who is the violator?
INDIVIDUALS- Prohibited Acts:

 
ESTABLISHMENTS - Prohibited Acts
-smoking in public places -establishments selling cigarette products to
minors
-any person selling and/or conveying and/or - non-smoking areas having no visible
purchasing cigarette and other tobacco signs saying “NON-SMOKING AREA” or “NO
products to minors SMOKING”
- establishments not posting “SMOKING
-selling/distributing cigarettes within 100 AREA’ signs for the designated smoking area
meters from any point of perimeter of and/or establishments not having designated
schools, playgrounds or any other facility smoking areas
frequented by minors - designated smoking areas not following
specifications/ standards
How Punished:
FINE: (smoking in public places) How Punished:
SELLING TO MINORS-In addition to the penalties of
First offense: 500-1000 fine and/or imprisonment, the owner, proprietor,
president, or manager thereof shall be punished
Second offense: 1000-3000 with the imposition of the penalties indicated, in
addition to the revocation of the business permit
or license to operate business.
Third offense: 3000-5000
NON-POSTING/NOT FOLLOWING STANDARDS-
FINE AND/OR IMPRISONMENT (selling to minors): FINE:
First offense: 500 -1,000
First offense: 500 peso fine or imprisonment of Second offense: 1,000 - 3, 000
five days or both at the discretion of the court
On the third offense, in addition a fine of not less
than 3000 but not more than 5000, the business
Second offense: 1000 fine or imprisonment of
permits and licenses shall be revoked.
ten days or both at the discretion of the court
To ensure that establishments follow the
Third offense: 2000 peso fine or imprisonment ordinances with regard to the standards imposed,
or both at the discretion of the court the mayor upon the recommendation of the City
Engineer’s Office is authorized to institute criminal
If minor is caught, the provisions of Article 189 proceedings against the violators.
of the Child and Youth Welfare Code shall apply
 
Complaint is lodged at the nearest police station or city engineer’s office for investigation and appropriate
filing of charges before the office of the City Prosecutor. Violator may also be brought directly to the nearest
police station.
For business establishments, the City Engineer’s Office and Business Permit Licensing Office are tasked to
inspect and certify the appropriateness of the designated smoking areas provided by service establishments
taking into consideration the air quality standards provided in the ordinance.
APPENDIX
FORM A: COMPLAINT INITIATED BY PNP
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:
FORM B: FORMAL CHARGE BY THE

CITY MAYOR, BUILDING OFFICIAL

OR MEMBER OF THE PNP
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 RA 9211, 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
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
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
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

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
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 group’s efforts to curb the tobacco epidemic, we hope that you will be
always be our partner.
Thank you.
Name of Representative

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[i] Republic Act 9211

PART I – PRELIMINARY MATTERS

4. TOBACCO INDUSTRY IN THE PHILIPPINES .................................. 06

5. TOBACCO CONTROL IN THE PHILIPPINES .................................. 07

PART II – TOBACCO-RELATED OFFENSES

1. SMOKING IN PUBLIC PLACES (SEC. 5, RA 9211) .................................. 13

2. VIOLATION OF RULE ON DESIGNATED SMOKING

3. SALE TO MINORS VIA SELF-SERVICE FACILITIES

4. VIOLATION OF MINIMUM AGE SALES (SEC. 9, RA 9211) ................ 44

5. SALE OF TOBACCO WITHIN SCHOOL PREMISES (SEC. 10, RA 9211)

C. HEALTH WARNINGS .................................. 62

D. ADVERTISING, PROMOTIONS AND SPONSORSHIPS ............................... 67

7. NON-COMPLIANCE WITH ADVERTISEMENT REQUIREMENTS

8. VIOLATION OF RESTRICTIONS ON ADVERTISING IN AUDIO, VIDEO AND

9. VIOLATION OF RESTRICTION ON ADVERTISING ON THE INTERNET (Sec. 21,

10. ADVERTISEMENT BANS (SEC. 22, RA 9211) .................................. 80

11. RESTRICTIONS ON TOBACCO PROMOTIONS

12. VIOLATION OF RESTRICTIONS ON NAMING RIGHTS

13. TOBACCO SPONSORSHIP (SEC. 26, RA 9211) .................................. 109

14. VIOLATION OF SAMPLING RESTRICTIONS

PART III – IMPLEMENTATION

1. APPLICATION OF RA 9211 .................................. 118

6. LEGAL ACTIONS AND REMEDIES AGAINST OFFENDERS .................... 122

7. MONITORING AND ENFORCEMENT GUIDELINES (MEG) .................... 125

8. CRIMINAL ACTION .................................. 127

9. CIVIL REMEDIES AGAINST VIOLATORS OF RA 9211 ........................... 138

10. ADMINISTRATIVE REMEDIES AGAINST VIOLATORS OF RA 9211 ..... 139

B. IMPLEMENTATION AT THE LOCAL LEVEL

1. INTRODUCTION: NATIONAL LAW VS. LOCAL LAW .............................. 140

2. MAKATI CITY .................................. 141

3. MANDALUYONG CITY .................................. 147

3.2. Steps in proceeding against individuals

4. MANILA CITY .................................. 153

5. MARIKINA CITY .................................. 158

6. PASIG CITY .................................. 162

7. QUEZON CITY .................................. 166

PART I – PRELIMINARY MATTERS

2. OVERVIEW OF THE MANUAL

3. SMOKING PREVALENCE IN THE PHILIPPINES

4. TOBACCO INDUSTRY IN THE PHILIPPINES

5. TOBACCO CONTROL IN THE PHILIPPINES

Cigarette smoking has a wide range of effects. It causes heart disease,

Notably, despite the enactment of RA 9211 in 2003, smoking prevalence

1 Rep. Act No. 9211 (2003), Sec. 3 (a),(b),(c).

2. OVERVIEW OF THE MANUAL

1. Introduction. This part provides a brief background of tobacco in the

2. Tobacco-related offenses. This part is divided according to the different

3. Implementation. A separate chapter was provided for the enforcement

This manual aims to be as practical and comprehensive as possible. As to

3.2. What are the effects of smoking?

First hand smoking

Second hand smoking:

Third hand smoking

3.2.How prevalent is tobacco smoking in the Philippines?

Smoking among adults:

An overwhelming majority of smokers belong to the least educated group

Smoking among children:

* Numbers of deaths/world age-standardized mortality rate per 100,000 population.

14 Central Intelligence Agency, The World Fact Book, available online at

3.3. How much do Filipinos spend for tobacco use?

4. TOBACCO INDUSTRY IN THE PHILIPPINES

4.2. How many stores in the Philippines sell cigarettes?

4.3. What is the impact of the tobacco industry on the Philippine