Ra 9211 Handbook Tobacco Regulation Act 2003

Copyright 2010. University of the Philippines College of Law Development Foundation, Inc. All rights reserved.
Reviewed and Edited by: Atty. Myrna S. Feliciano Professorial Lecturer, UP College of Law
Handbook for the Implementation and Enforcement of
REPUBLIC ACT 9211 (TOBACCO REGULATION ACT)
TABLE OF CONTENTS
How to Use this Handbook ........................................1 Philippine National Police ..........................................2 Pro-forma Warning .......................................................6 City Engineer, City Health Officer and other Local Government Officials............................7 Flowchart of Procedure.............................................13 Pro-forma Complaint.................................................14 Civil Society ..................................................................15 Table of Violations.......................................................23 Sample Violations........................................................54 Directory.........................................................................57 Sample Letter to Mayor/Concerned Local Government Official...................................................58 Sample Follow-up Letter ..........................................59 Letter of Appreciation................................................60 Evidence Checklist for Inspectors / Enforcers .........................................................................61 Inspection Checklist for Enforcers.........................66 The Smokers Body................................................70-71
Republic Act 9211
[ 01 ]
What is Republic Act 9211?

Republic Act 9211, also known as the Tobacco Regulation Act of 2003, is the law that regulates the packaging, use, sale, distribution and advertising of tobacco products like cigarettes and cigars. The policy of the law is to protect the populace from hazardous products, promote the right to health of the populace, and instill health consciousness among them. Republic Act 9211 is a special penal law, and provides for penalties for specific violations. Republic Act 9211 aims to achieve the following: a.) promote a healthful environment b.) inform the public of the health risks associated with cigarette smoking and tobacco use c.) regulate and subsequently ban all tobacco advertisements and sponsorships d.) regulate the labeling of tobacco products e.) protect the youth from being initiated to cigarette smoking about tobacco use by prohibiting the sale of tobacco products to minors.
How to Use this Handbook
This handbook provides an easy reference and tool for enforcers and civil society for the implementation of Republic Act 9211. The handbook is divided into sections for the Philippine National Police, the local government officers, and civil society. This handbook has: a.) pictures for examples of violations of Republic Act 9211 b.) flowcharts to show the readers of the procedure for implementation of Republic Act 9211 c.) pro-forma complaints and warning letters d.) table of offenses and penalties and e.) directory of agencies and local government units to provide the readers with contact information. For easy reference, the violations of Republic Act 9211 are grouped according to the places and their vicinity where the violations are most commonly seen and witnessed. These places are: 1.) Malls, Restaurants, Hotels and Bars 2.) Highways and Streets 3.) Public Markets, Churches and Schools 4.) Bus Station, Train Stations and Jeep Terminals and 5.) All other places.
epublic Act 9211 was enacted on June 3, 2003. It is the first comprehensive national legislation on tobacco control. However, despite the enactment of RA 9211, smoking prevalence remains high with smokers comprising one third (1/3) of the Philippine population. The Philippines ranks second in Southeast Asia in terms of the number of smokers and is among the top fifteen (15) worldwide.
[ 02 ]
Republic Act 9211
Philippine National Police

A. What is the role of the Philippine National Police in the enforcement of Republic Act 9211?
The Philippine National Police is mandated to enforce all laws and ordinances relative to the protection of lives and properties, maintain peace and order and take all necessary steps to ensure public safety, investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution, exercise the general powers to make arrests, searches and seizures in accordance with the Constitution and pertinent laws and detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his rights under the Constitution. Part of the mandate of the Philippine National Police is the enforcement of Republic Act 9211. To effectively implement Republic Act 9211 and its Implementing Rules and Regulations, the Philippine National Police is authorized to institute criminal proceedings against violators, as well as to cause the removal of non-compliant cinema and outdoor advertising and tobacco-related self-service facilities.
B.) Violations of Republic Act 9211

1.) Malls, Restaurants, Hotels and Bars a.) Violations on Smoking Prohibition Smoking is absolutely prohibited in public places such as: i.) Elevators and Stairwells
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ii.) Locations in which fire hazards are present like GAS STATIONS and STORAGE AREAS for FLAMMABLE LIQUIDS, GAS, EXPLOSIVES, OR COMBUSTIBLE *b MATERIALS iii.) Playgrounds, Playschools, Recreational Facilities for Persons below 18 years old iv.) Food preparation areas (areas where food is actually being manufactured or prepared) such as KITCHENS of restaurants
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Republic Act 9211
[ 03 ]
tandards for the designated smoking area: 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 and the Philippine Society of Mechanical Engineers Code. (See Schedule A)
b.) Designated Smoking and Non-Smoking Areas
There are places where smoking is allowed provided these have designated smoking areas. A non-smoking area must be designated in places where there is a smoking area. The designated smoking area must comply with requirements. Non-compliance with any of the requirements constitutes a violation of Republic Act 9211. Smoking areas may be designated in enclosed public places like restaurants, malls, and hotels, and public and private workplaces like offices. Smoking can only be allowed in the designated smoking area. The following are violations: i.) Smoking in a place with no designated smoking area ii.) Non-observance of standards for the designated smoking area (See SCHEDULE A before Directory) iii.) Non-Posting of the required signages iv.) Non-designation of smoking and non-smoking areas. c.) 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. *d d.) Violations of Provisions concerning Minors The following are violations: i.) Selling/Distributing Tobacco Products to Minors *e ii.) Purchasing cigarettes or any tobacco product from a minor iii.) Sample Restrictions - the distribution of samples of tobacco products to persons below 18 years old
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[ 04 ]
Republic Act 9211
*f
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100 meters is the distance of about three (3) basketball courts
iv.) 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 *f REPLICAS OF RACING VEHICLES, VIDEO GAMES AND FOOD. v.) Sale or Distribution of cigarettes and other tobacco products within 100 METERS from any point of the perimeter of a SCHOOL, PUBLIC *g PLAYGROUND, or FACILITY FREQUENTED BY MINORS e.) Ban on Tobacco Advertisements Four forms of advertisements have been banned: 1.) Tobacco Advertisements on TELEVISION, CABLE TELEVISION AND RADIO 2.) Tobacco Advertisements OUTDOORS 3.) Tobacco Advertisements in CINEMAS 4.) Tobacco Advertisements in MASS MEDIA 2.) Highways and Streets a.) Violation on Smoking Prohibition i.) Smoking is absolutely prohibited in public conveyances such as jeepneys, buses and tricycles b.) Selling/Distributing Tobacco Products to Minors c.) Outdoor Ad Ban 3.) Public Markets, Churches and Schools a.) Sale or Distribution of cigarettes and other tobacco products within 100 METERS*h from any point of the perimeter of a SCHOOL b.) Designated Smoking and Non-Smoking Areas c.) Outdoor Advertising Ban
Ignorance of real age of minor is not a defense for a person selling or distributing tobacco products.
Republic Act 9211
[ 05 ]
hat is an advertisement? An advertisement refers to 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, OR ANY OTHER MEANS through BROADCAST, ELECTRONIC, PRINT OR WHATEVER FORM OF MASS MEDIA, including OUTDOOR ADVERTISEMENTS, such as but limited to SIGNS AND BILLBOARDS. Beginning July 1, 2008, all forms of tobacco advertising in mass media shall be PROHIBITED except tobacco advertisements placed INSIDE THE PREMISES of POINT-OF-SALE RETAIL ESTABLISHMENT.
4.) Bus Stations, Train Stations and Jeepney Terminals a.) Designated Smoking and Non-Smoking Areas (Bus stations, train stations, and jeepney terminals can have a designated smoking area, but it must follow requirements.) b.) Outdoor Advertising Ban 5.) All other places a.) Smoking is absolutely prohibited in the following places: i.) Places with no designated smoking areas where a designated smoking area is required ii.) Within the building and premises of : A.) PUBLIC AND PRIVATE HOSPITALS B.) MEDICAL, DENTAL, AND OPTICAL CLINICS C.) HEALTH CENTERS D.) NURSING HOMES E.) DISPENSARIES F.) LABORATORIES
TABLE OF MORTALITY RATES FROM CANCER, RESPIRATORY AND CIRCULATORY DISEASES FROM SMOKING
(Source: WHO Mortality Data Base for the Philippines [2003])
MALE Disease Trachea, lung and bronchius cancer Lip, oral cavity and pharynx cancer Respiratory disease Ischemic heart disease Stroke All causes
Number 3811 1000 7384 16057 12467 Other diseases of the circulatory system 7737
FEMALE Number 1281 635 3574 11141 9825 6803 Rate 16.6 52.2 52.2 177.1 150.4 107.0 Ages 35+ 35+ 35+ 35+ 35+ 35+
Rate 52.3 14.2 120.7 257.0 204.8 135.4
144931 2265.2 103311 1553.7 35+
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Republic Act 9211
C. Pro-forma WARNING
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 RA9211, 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
IV.) City Engineer, City Health Officer and other Local Government Officials
A.) What is the role of the City Engineer in the implementation of Republic Act 9211?
Republic Act 9211
[ 07 ]
The City Engineer acts as the local building official of the local government unit. The City Engineer takes charge of the engineering office and also exercises such powers and performs such other duties as may be prescribed by law. Under Republic Act 9211, the building official is authorized to take the necessary steps such as the institution of criminal proceedings against violators of the provisions of Republic Act 9211, as well as to cause the removal of non-compliant cinema and outdoor advertising, and tobacco-related self-service facilities.
B.) What is the role of the City Health Officer in the implementation of Republic Act 9211?
The health officer takes charge of the office of health services and shall execute and enforce laws, ordinances and regulations relating to public health. Republic Act 9211 is a law that deals with the promotion of the health of the people, so the health officer is a front liner in its implementation. The health officer also takes care that remedies against a public nuisance are availed of.
C.) Violations of Republic Act 9211

Republic Act 9211 has specifications on buildings and advertisements that the City Engineer, the City Health Officer and other local government officials must look out for, before they can grant permits and/or licenses or to ensure that existing establishments comply with the requirements of Republic Act 9211 and its Implementing Rules and Regulations. Non-compliance with the requirements are violations of Republic Act 9211 and its Implementing Rules and Regulations.
A nuisance is any act, omission, establishment, condition of property, or anything else which: 1.) Injures or endangers the health or safety of others; or 2.) Annoys or offends the senses; or 3.) Shocks, defies or disregards decency or morality; or 4.) Obstructs or interferes with the free passage of any public highway or street, or any body of water; or 5.) Hinders or impairs the use of property. Prosecution, a civil action or abatement without judicial remedies are the remedies against a nuisance.
hat is a nuisance?
[ 08 ]
Republic Act 9211

hat is a fire hazard? 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.
1. Smoking is absolutely prohibited in the following public places: a.) CENTERS OF YOUTH ACTIVITY such as: i.) PLAYSCHOOLS ii.) PREPARATORY SCHOOLS iii.) ELEMENTARY SCHOOLS iv.) HIGH SCHOOLS v.) COLLEGES AND UNIVERSITIES vi.) YOUTH HOSTELS and vii.) RECREATIONAL FACILITIES FOR PERSONS UNDER 18 YEARS OLD b.) Locations in which FIRE HAZARDS are present, including gas stations and storage areas for flammable liquids, gas, explosives or combustible materials c.) Within the building and premises of: i.) PUBLIC and PRIVATE HOSPITALS ii.) MEDICAL, DENTAL, AND OPTICAL CLINICS iii.) HEALTH CENTERS iv.) NURSING HOMES v.) DISPENSARIES and vi.) LABORATORIES d.) Food Preparation Areas (includes areas where food or beverage is actually being manufactured or prepared) These areas CANNOT HAVE DESIGNATED SMOKING AREAS. 2.) Designated Smoking and Non-Smoking Areas In all i.) places that are not covered by those above, ii.) all enclosed places that are open to the general public iii.) public and private workplaceswhere smoking may expose a person other than the smoker to tobacco smoke, the OWNER, PROPRIETOR, OPERATOR, POSSESOR, MANAGER, or ADMINISTRATOR of such places shall establish smoking and non-smoking areas. The designated areas must comply with requirements and standards. Violation is done by OMISSION, the failure of the responsible person to comply with any of the requirements and standards prescribed.
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Republic Act 9211
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t is significant to note that the percentage of young people who have smoked cigarettes is 46.2%, who currently use any tobacco product is 27.3%, who currently smoke cigarettes is 21.7%, and who currently use other tobacco products is 9.7%. (Source: 2007 WHO Global Youth Tobacco Survey)
ne of the main thrusts of RA 9211 is to protect the youth from being initiated to cigarette smoking and tobacco use.
a.) Failure to Designate SMOKING and NON-SMOKING AREAS
*i
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 area that has been designated as a non-smoking area. b.) Failure to Observe Standards for Designated Smoking Areas
*j
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: -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. *k
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*k Article 8.2 Air Conditioning and Ventilation Standards

Philippine Society of Mechanical Engineers Code 8. x x x 8.2. x x x 8.2.1. The temperature and humidity of the air to be used for comfort cooling shall be maintained at 20-23C effective temperature at an air movement of from 4,570 to 7,620 mm/min within the living zone and 55 to 60% relative humidity. 8.2.2. 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. 8.2.3. 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 1,830 mm above the floor. 8.2.4. 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 measured 910 mm above the floor shall not exceed 100 parts per million (ppm). 8.2.5. 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. Ventilation requirements shall conform to the following Table 8.2.5.
Republic Act 9211
Establishments like restaurants and bars in Makati who want to designate 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 Php 5,000 to be paid upon filing of the application 2.) Inspection fee of Php 200 to be paid prior to inspection 3.) Processing fee of Php 5,000 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. They are also required to submit the following: 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 the smoking area, as well as the respective sizes of these areas. 2.) Business Permit 3.) Certificate of Occupancy
Best Practice in Makati
Republic Act 9211
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c.) Failure to Post Signage in the D esignated Smok ing and Non-Smok ing A reas A designated smoking area must have at least one (1) legible and visible SMOKING AREA sign. A designated non-smoking area must have at least one (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 following are the specifications for the signs: OVER-ALL SIZE OF SIGN: 297 x 210 mm (about 11.7 inches by 8 inches) FONT AND SIZE FOR SMOKING AREA or NO SMOKING AREA or NO SMOKING: ARIAL BLACK, 122 pt. FONT AND SIZE FOR GOVERNMENT WARNING: ARIAL BLACK, 48 pt. FONT AND SIZE FOR Tobacco Regulation Act: ARIAL BLACK, 32 pt. d.) Failure to 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 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 bata.) GOVERNMENT WARNING: Smoking kills. ( BABALA: Nakamamatay ang paninigarilyo.)
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Republic Act 9211
POINT-OF-SALE is any location at which an individual can purchase or obtain tobacco products. Examples are convenience stores, sari-sari stores and kiosks in malls. Excluded are sidewalk vendors.
3.) Outdoor Advertisement Ban
*m
Beginning July 1, 2007, all cinema and outdoor advertising shall be prohibited. No leaflets, posters and similar outdoor advertising materials may be posted, EXCEPT INSIDE THE PREMISES OF POINT-OF-SALE RETAIL ESTABLISHMENTS. 4.) Other Duties of Establishment Owners It is the duty of retailers to verify by means of any valid form of photographic identification containing the date of birth of the buyer, in case of doubt as to the age of the buyer, that no individual purchasing a tobacco product is below (18) years of age. It is also the duty of point-of sale establishments offering, distributing or selling tobacco products to consumers to post the following statement in a CLEAR AND CONSPICUOUS MANNER: SALE/DISTRIBUTION TO OR PURCHASE BY MINORS OF TOBACCO PRODUCTS IS UNLAWFUL or IT IS UNLAWFUL FOR TOBACCO PRODUCTS TO BE SOLD/DISTRIBUTED TO *n OR PURCHASED BY PERSONS UNDER 18 YEARS OF AGE. Each retailer also has the duty to ensure that all tobacco-related self-service displays or facilities, advertising, labeling and other items that are located in the establishment of the retailer that do not comply with the requirements of Republic Act 9211 and its Implementing Rules and Regulations are removed or brought into compliance with the requirements of the Act and the Implementing Rules and Regulations.
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Republic Act 9211
[ 13 ]
5.) Flowchart of Procedure 5.) Flowchart of Procedure
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Republic Act 9211
6.) Pro-Forma Complaint 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: _____________________________ __________________________
Republic Act 9211
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Civil Society
A.) What is the Role of Civil Society in the Implementation of Republic Act 9211?
The success of the implementation of Republic Act 9211 will be achieved with the cooperation of civil society, and much more so the participation of civil society in monitoring and reporting compliance and non-compliance with the law to the appropriate government agencies and local government units. Civil society has a central role in building support for and ensuring compliance with the law. Civil Society should be an active partner of the concerned agencies and local government units in the process of developing, implementing and enforcing the law. Civil Society can also play a very important role in raising awareness about the dangers of smoking and secondhand smoke. To raise awareness civil society must also be active in information campaigns.
B.) Violations under Republic Act 9211

For easy reference to civil society, the violations of Republic Act 9211 are grouped according to the places and their vicinity where the violations are most commonly seen and witnessed. These places are: 1.) 2.) 3.) 4.) 5.) Malls, Restaurants, Hotels and Bars Highways and Streets Public Markets, Churches and Schools Bus Stations, Train Stations and Jeep Terminals All other places.
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Republic Act 9211
A violation can be seen in one place or vicinity of the places enumerated, and also in the other places mentioned. 1.) Malls, Restaurants, Hotels and Bars a.) Violations on the Smoking Prohibition i.) Centers of Youth Activity *o (i.e. playschools, barbershops for children, playgrounds) ii.) Locations in which FIRE HAZARDS are present iii.) Food Preparation Areas (i.e. kitchens, bars) *p These places cannot have designated smoking areas. b.) Designated smoking and non-smoking areas In all i.) places that are not covered by those in the smoking prohibition, ii.) all enclosed places that are open to the general public iii.) public and private workplaces where smoking may expose a person other than the smoker to tobacco smoke, the owner, proprietor, operator, possessor, manager, or administrator of such places shall establish smoking and nonsmoking areas. The designated areas must comply with requirements and standards. Violation is done by OMISSION, the failure of the responsible person to comply with any of the requirements and standards prescribed. i.) Failure to 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 area that has been designated as a non-smoking area.
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Republic Act 9211
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ii.) Failure to Observe Standards for Designated Smoking Areas *r 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). (See SCHEDULE A before Directory) The separation may be accomplished either by: 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. iii.) Failure to Post Signage in the Designated Smoking *s and Non-Smoking Areas A designated smoking area must have at least one (1) legible and visible SMOKING AREA sign. A designated non-smoking area must have at least one (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 following are the specifications for the signs: *t OVER-ALL SIZE OF SIGN: 297 x 210 mm (about 11.7 inches by 8 inches) FONT AND SIZE FOR SMOKING AREA or NO SMOKING AREA or NON SMOKING: ARIAL BLACK, 122 pt.
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Republic Act 9211
person who smokes in a designated non-smoking area has also committed a violation.
FONT AND SIZE FOR GOVERNMENT WARNING: ARIAL BLACK, 48 pt. FONT AND SIZE FOR Tobacco Regulation Act: ARIAL BLACK, 32 pt. iv.) Failure to 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 variants: GOVERNMENT WARNING: Cigarette Smoking is dangerous to your health. (Babala: Ang paninigarilyo ay mapanganib sa iyong kalusugan.) GOVERNMENT WARNING: Cigarettes are addictive. *u (BABALA: Ang sigarilyo ay nakaka-adik.) GOVERNMENT WARNING: Tobacco smoke can harm your children. ( BABALA: Ang usok ng sigarilyo ay mapanganib sa bata.) GOVERNMENT WARNING: Smoking kills. ( BABALA: Nakamamatay ang paninigarilyo.) c.) Violations of Provisions Concerning Minors The following are violations: i.) Selling/Distributing Tobacco Products to Minors ii.) Purchasing cigarettes or any tobacco product from a minor
*v
iii.) Sample Restrictions- The distribution of samples of tobacco products to persons below 18 years old
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Republic Act 9211
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he seller need not have a business permit to be a violator of the prohibition on selling tobacco products to minors.
iv.) 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. v.) Sale or Distribution of cigarettes and other tobacco products within 100 METERS from any point of the perimeter of a SCHOOL, PUBLIC PLAYGROUND, or FACILITY FREQUENTED BY MINORS *w d.) 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. *x e.) Ad Ban Beginning July 1, 2008, all forms of tobacco advertising in mass media shall be PROHIBITED except tobacco advertisements placed INSIDE THE PREMISES of POINT-OF-SALE RETAIL ESTABLISHMENT. Four forms of advertisements have been banned: i.) Tobacco Advertisements on TELEVISION, CABLE TELEVISION AND RADIO ii.) Tobacco Advertisements OUTDOORS
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iii.) Tobacco Advertisements in CINEMAS iv.) Tobacco Advertisements in MASS MEDIA
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Republic Act 9211
What is Mass Media? ass media is any medium of communication designed to reach a mass of people. 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 limited to the INTERNET.
f.) Restrictions on Tobacco Promotions The following are violations of this restriction: i.) Tobacco promotions must only be directed to persons at least 18 years old. There are three kinds of violations for this restriction: 1.) tobacco is promoted and directed to minors 2.) tobacco is promoted and a minor or one who appears to be a minor participates in the promotion 3.) tobacco is promoted, a person participates in the promotion and presentation of proof of age was not required. ii.) All stalls, booths, and other displays concerning tobacco promotions must be limited to point-of-sale locations or adult-only facilities *z iii.) The name, logo or other indicia of a cigarette brand may appear on cigarette lighters, ashtrays, or other smoking related items. If such name, logo, or other indicia of a cigarette brand is larger than fifty (50) square *aa centimeters, the item must carry a health warning. iv.) No tobacco advertisements may be placed on shopping bags. g.) Restrictions on Sponsorships Beginning July 1, 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
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Republic Act 9211
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romotion is 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, distributor or retailer. It may also refer to the display of a tobacco product or manufacturers name, trademark, logo, etc. on nontobacco products.
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. 2.) Highways and Streets i.) Violation on Smoking Prohibition Smoking is absolutely prohibited in public conveyances such as jeepneys, buses and tricycles *bb ii.) Selling/Distributing Tobacco Products to Minors *cc iii. Outdoor Ad Ban 3.) Public Markets , Churches and Schools i.) Smoking in Schools (i.e. Universities, Colleges, High Schools, Elementary Schools and Preschools) ii.) Sale or Distribution of cigarettes and other tobacco products *dd within 100 METERS from any point of the perimeter of a SCHOOL iii.) Designated Smoking and Non-Smoking Areas iv.) Outdoor Advertising Ban 4.) Bus Station, Train Stations and Jeep Terminals i.) Designated Smoking and Non-Smoking Areas ii.) Outdoor Advertising Ban 5.) All other places i.) Smoking is absolutely prohibited in the following places: a.) Places with no designated smoking areas where a designated smoking area is required
*bb
*cc
*dd
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Republic Act 9211
Examples of Tobacco Brand Names Ashford Dunhill Basic Hope Benson and Hedges Kool Bond Street Lark Camel Mighty Capri DJ Mix Champion Virginia Slims Chesterfield
Longbeach Lucky Strike Mark Marlboro Merit Next Parliament Salem

*ee
Viceroy West Winston Fortune Vogue Peel Pearl
b.) Within the building and premises of :
G.) PUBLIC AND PRIVATE HOSPITALS H.) MEDICAL, DENTAL, AND OPTICAL CLINICS I.) HEALTH CENTERS J.) NURSING HOMES K.) DISPENSARIES L.) LABORATORIES ii.) 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 . iii.) No manufacturer may register a TOBACCO PRODUCT BRAND NAME as a COMPANY NAME.
*ee
Table of Violations
VIOLATORS
INDIVIDUAL
I. SMOKING IN ABSOLUTELY SMOKE-FREE AREAS (SEC.5, RA 9211)

PENALTY/IES
First offense: a. a fine of not less than Five Hundred Pesos (Php500.00) but not more than One Thousand (Php1,000.00).
VIOLATION
SMOKING IN A PROHIBITED PUBLIC PLACE.
The prohibited public places are:
1.) CENTERS OF YOUTH ACTIVITY. These include PLAYSCHOOLS, PREPARATORY SCHOOLS, ELEMENTARY SCHOOLS, HIGH SCHOOLS, COLLEGES AND UNIVERSITIES, YOUTH HOSTELS AND RECREATIONAL FACILITIES FOR PERSONS BELOW EIGHTEEN (18) YEARS OLD.
2.) ELEVATORS AND STAIRWELLS
3.) LOCATIONS IN WHICH FIRE HAZARDS ARE PRESENT. These locations include GAS STATIONS, AND STORAGE AREAS FOR FLAMMABLE LIQUIDS, GAS, EXPLOSIVES OR COMBUSTIBLE MATERIALS.
Second offense: a. a fine of not less than One Thousand Pesos (Php1,000.00) but not more than Five Thousand Pesos (Php5,000.00). Third offense: a. a fine of not less than Five Thousand Pesos (P5,000.00) but not more than Ten Thousand pesos (Php10,000.00).
4.) WITHIN THE BUILDING AND PREMISES OF: A.) PUBLIC AND PRIVATE HOSPITALS B.) MEDICAL, DENTAL AND OPTICAL CLINICS C.) HEALTH CENTERS D.) NURSING HOMES E.) DISPENSARIES F.) LABORATORIES
Republic Act 9211
5.) PUBLIC CONVEYANCES like jeepneys, tricycles, buses, trains and taxicabs.
6.) FOOD PREPARATION AREAS. These include areas where food or beverage is actually being manufactured of prepared.
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II. VIOLATION OF RULES ON DESIGNATED SMOKING AND NON-SMOKING AREAS (Sec.6, RA 9211) VIOLATORS
INDIVIDUAL OR ESTABLISHMENT In case of an establishment, the person liable is the:
VIOLATION PENALTY/IES
Republic Act 9211
A.) FAILURE TO DESIGNATE SMOKING AND NON-SMOKING AREAS IN THE FOLLOWING PLACES:
1.) Enclosed places open to the general public 2.) Public and private workplaces 3.) Other places where smoking is not prohibited or where smoking may expose a person other than the smoker to cigarette smoke.
First Offense: a. a fine not less than Five Hundred Pesos (Php500.00) but not more than One Thousand (Php1,000.00). Second offense: a. a fine of not less than One Thousand Pesos (Php1,000.00) but not more than Five Thousand Pesos (Php5,000.00).
Examples of these places are MALLS, RESTAURANTS, HOTELS, INTERNET CAFES, COFFEE SHOPS and similar places.
A smoking area may be designated WITHIN THE BUILDING WITH PROPER VENTILATION, IN AN OPEN SPACE or a SEPARATE AREA WITH PROPER VENTILATION.
1. OWNER 2. PROPRIETOR 3. POSSESSOR 4. MANAGER OR 5. ADMINISTRATOR.
B.) FAILURE TO OBSERVE STANDARDS FOR DESIGNATED SMOKING AREAS.
Third offense: a. a fine of not less than Five Thousand Pesos (P5,000.00) but not more than Ten Thousand pesos (Php10,000.00), b. the business permit and license to operate of the establishment concerned shall be cancelled or revoked.
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 and the PHILIPPINE SOCIETY OF MECHANICAL ENGINEERS CODE.
II. VIOLATION OF RULES ON DESIGNATED SMOKING AND NON-SMOKING AREAS (Sec.6, RA 9211)
VIOLATORS
INDIVIDUAL OR ESTABLISHMENT In case of an establishment, the person liable is the:
C. FAILURE TO POST SIGNAGE IN THE DESIGNATED SMOKING AND NON-SMOKING AREAS
Smoking areas must have one legible and visible SMOKING AREA sign-The sign may be in English or Filipino. The SMOKING AREA sign shall be placed at the entrance to the designated smoking area and shall NOT include any mark, device word, or image associated with ANY tobacco product or brand.
First Offense: a. a fine not less than Five Hundred Pesos (Php500.00) but not more than One Thousand (Php1,000.00). Second offense: a. a fine of not less than One Thousand Pesos (Php1,000.00) but not more than Five Thousand Pesos (Php5,000.00).
Non-smoking areas must have at least one legible and visible NO SMOKING AREA or NO SMOKING sign.
The signage LOOKS LIKE:
1. OWNER 2. PROPRIETOR 3. POSSESSOR 4. MANAGER OR 5. ADMINISTRATOR.
SMOKING AREA GOVERNMENT WARNING: Cigarette Smoking is Dangerous to Your Health Tobacco Regulation Act
Third offense: a. a fine of not less than Five Thousand Pesos (P5,000.00) but not more than Ten Thousand pesos (Php10,000.00), b. the business permit and license to operate of the establishment concerned shall be cancelled or revoked.
Republic Act 9211
D.) SMOKING IN PLACES WHERE THERE IS NO DESIGNATED SMOKING AREA OR SMOKING IN A NON-SMOKING AREA (Sec. 6, RA 9211)
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SALE OR DISTRIBUTION OF TOBACCO PRODUCTS VIA SELF-SERVICE FACILITY WITHOUT MECHANISM FOR AGE VERIFICATION (Sec.7, RA 9211)
VIOLATORS
ESTABLISHMENT In case of an establishment, the person liable is the: 1. Owner 2. President 3. Manager or 4. Most senior officers of the company.
Republic Act 9211
What are the elements of the violation?
1. There is a vending machine, a self-service facility, or similar device. 2. The machine sells tobacco products. 3. The machine has no mechanism for age verification.
On the first offense, a fine of not less than five thousand pesos (Php 5,000.00) or an imprisonment of not more than thirty (30) days. For succeeding offenses, both penalties shall apply, in addition to the revocation of business licenses or permits.
VIOLATION OF MINIMUM AGE SALES (Sec.9, RA 9211)

VIOLATORS PENALTY/IES
a. 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.
VIOLATION
1. SELLING OR DISTRIBUTING tobacco products to minors by any RETAILER
1.MINORS
2. PURCHASING cigarettes or any tobacco product from a MINOR
3. SELLING cigarettes or any tobacco product by a MINOR
4. PURCHASING cigarettes or any tobacco product by a MINOR
b. 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.
5. SMOKING cigarettes or any tobacco product by a MINOR
SALE OF TOBACCO WITHIN SCHOOL PREMISES by a MINOR(SEC. 10)
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. On the first offense, a fine of not less than five thousand pesos (Php 5,000.00) or an imprisonment of not more than thirty (30) days. For succeeding offenses, both penalties shall apply. On the first offense, a fine of not less than five thousand pesos (Php 5,000.00) or an imprisonment of not more than thirty (30) days. For succeeding offenses, both penalties shall apply, in addition to the revocation of business licenses or permits.
Republic Act 9211
2. ADULTS 3. ESTABLISHMENTS In case of an establishment, the person liable is the: 1. OWNER 2. PRESIDENT 3. MANAGER OR 4. MOST SENIOR OFFICERS.
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SALE OF TOBACCO WITHIN SCHOOL PREMISES (SEC. 10)

VIOLATORS
1. INDIVIDUAL
Republic Act 9211
SELLING OR DISTRIBUTING CIGARETTES OR OTHERTOBACCO PRODUCTS WITHIN 100 METERS FROM ANY POINT OF THE PERIMETER OF A SCHOOL, PUBLIC PLAYGROUND OR OTHER FACILITY FREQUENTED BY MINORS ( 100 METERS IS ABOUT THE LENGTH OF THREE BASKETBALL COURTS)
On the first offense, a fine of not less than five thousand pesos (Php 5,000.00) or an imprisonment of not more than thirty (30) days. For succeeding offenses, penalties shall apply. both
2. ESTABLISHMENT In case of an establishment, the person liable is the: 1. OWNER 2. PRESIDENT 3. MANAGER OR 4. MOST SENIOR OFFICERS.
On the first offense, a fine of not less than five thousand pesos (Php 5,000.00) or an imprisonment of not more than thirty (30) days. For succeeding offenses, both penalties shall apply, in addition to the revocation of business licenses or permits.
FAILURE TO PLACE PROPER WARNING IN TOBACCO PACKAGES (SEC. 13, RA 9211)

VIOLATORS
1. MANUFACTURER 2. RETAILER OF THE NON-COMPLIANT CIGARETTE PACKS In the case of a business entity or establishment, the following shall be held liable: A. OWNER B. PRESIDENT C. MANAGER OR D. OFFICIALS
What are the elements of the offense?
A package containing tobacco products is in violation of Section 13 or RA 9211 if it fails to comply with any of the following requirements:
First Offense: a. a fine in the maximum about of One Hundred Thousand Pesos (P100,000); or b. imprisonment not to exceed one (1) year, or c. both. Second offense: a. a fine of Two Hundred Thousand Pesos (P200,000); or b. imprisonment for a maximum of two (2) years; or c. both. Third offense: a. a fine not to exceed Four Hundred Thousand (P400,000); or b. imprisonment not to exceed three (3) years; or c. both; and d. the business permit and license of the erring establishment will be revoked or cancelled. *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.
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
Republic Act 9211
2. The warning is located on the bottom portion of one front panel of every product package.
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FAILURE TO PLACE PROPER WARNING IN TOBACCO PACKAGES (SEC. 13, RA 9211)

VIOLATORS
1. MANUFACTURER 2. RETAILER OF THE NON-COMPLIANT CIGARETTE PACKS In the case of a business entity or establishment, the following shall be held liable: A. OWNER B. PRESIDENT C. MANAGER OR D. OFFICIALS
Republic Act 9211
First Offense: a. a fine in the maximum about of One Hundred Thousand Pesos (P100,000); or b. imprisonment not to exceed one (1) year, or c. both. Second offense: a. a fine of Two Hundred Thousand Pesos (P200,000); or b. imprisonment for a maximum of two (2) years; or c. both. Third offense: a. a fine not to exceed Four Hundred Thousand (P400,000); or b. imprisonment not to exceed three (3) years; or c. both; and d. the business permit and license of the erring establishment will be revoked or cancelled. *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.
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 warning 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.
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.
NON-COMPLIANCE WITH ADVERTISEMENT REQUIREMENTS

VIOLATORS
A. NON-COMPLIANT TOBACCO COMPANY
A. Mass media, in general
First Offense: a. a fine in the maximum about of One Hundred Thousand Pesos (P100,000); or b. imprisonment not to exceed one (1) year; or c. both. Second offense: a. a fine of Two Hundred Thousand Pesos (P200,000); or b. imprisonment for a maximum of two (2) years; or c. both.
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). However, communications designed to reach persons by private, postal, or regular mail, electronic mail, and similar means are not considered as mass media.
2. The advertisement does not contain a health warning that cigarette smoking is dangerous to ones health.
Third offense: a. a fine not to exceed Four Hundred Thousand Pesos (P400,000); or b. imprisonment not to exceed three (3) years; or c. both; and d. the business permit and license of the erring establishment will be revoked or cancelled.
Republic Act 9211 [ 31 ]
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VIOLATORS
Republic Act 9211
B. Print and outdoor advertisement
First Offense: a. a fine in the maximum about of One Hundred Thousand Pesos (P100,000); or b. imprisonment not to exceed one (1) year; or c. both. Second offense: a. a fine of Two Hundred Thousand Pesos (P200,000); or b. imprisonment for a maximum of two (2) years; or c. both.
What are the elements of the offense? 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.
C. Cinema and television advertisement
What are the elements of the offense? 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
Third offense: a. a fine not to exceed Four Hundred Thousand Pesos (P400,000); or b. imprisonment not to exceed three (3) years; or c. both; and d. the business permit and license of the erring establishment will be revoked or cancelled.

VIOLATORS
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.
First Offense: a. a fine in the maximum about of One Hundred Thousand Pesos (P100,000); or b. imprisonment not to exceed one (1) year; or c. both.
D. Radio advertisement
Second offense: a. a fine of Two Hundred Thousand Pesos (P200,000); or b. imprisonment for a maximum of two (2) years; or c. both. Third offense: a. a fine not to exceed Four Hundred Thousand Pesos (P400,000); or b. imprisonment not to exceed three (3) years; or c. both; and d. the business permit and license of the erring establishment will be revoked or cancelled.
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.
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NON-COMPLIANCE WITH THE RESTRICTIONS ON TOBACCO ADVERTISING IN AUDIO, VIDEO AND COMPUTER CASSETTES/DISCS AND SIMILAR MEDIUM (SEC.20, RA 9211)
Republic Act 9211
VIOLATION VIOLATORS
a. Non-compliant Retailer 3
PENALTY/IES
First offense: a. a fine of not more than One Hundred thousand pesos (Php100,000.00); or b. imprisonment of not more than one (1) year; or c. both. Second offense: a. a fine of Two hundred thousand pesos (Php200,000.00); or b. imprisonment of not more than two (2) years; or c. both. Third offense: a. a fine of not more than Four Hundred thousand pesos (Php400,000.00); or b. imprisonment of not more than three (3) years; or c. both; and d. the business permits and licenses, in the case of a business entity or establishment shall be revoked or cancelled.
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. *In the case of a business entity or establishment, the following shall be held liable: a. owner, b.president, c. manager or d. officials
What are the elements of the offense? 1 1. There is a tobacco advertisement. 2. The advertisement is in electronic form; 3. The advertisement is incorporated within any video or 2 audio cassette, videogame machine, optical disc or any similar medium. 4. Access to the item is not restricted to persons 18 years of age or older.
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. [Rep. Act No. 9211 (2003), Sec. 4 (a)]. 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; 3 The law does not state 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.
VIOLATION OF RESTRICTION ON ADVERTISING ON THE INTERNET (Sec. 21, RA 9211)

VIOLATORS
Non-compliant tobacco company
1. There is an advertisement of tobacco products.
2. The advertisement is done through the Internet or a similar medium.
First offense: a. a fine of not more than One Hundred thousand pesos (P100,000.00); or b. imprisonment of not more than one (1) year; or c. both. Second offense: a. a fine of Two hundred thousand pesos (P200,000.00); or b. imprisonment of not more than two (2) years; or c. both.
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 persons has established that he or she is at least eighteen (18) years old.
*In the case of a business entity or establishment, the following shall be held liable: a. owner, b. president, c. manager or d. officials.
4. The advertisement is not a company website which provides data regarding a company, its products and smoking and health related information.
Third offense: a. a fine of not more than Four Hundred thousand pesos (Php400,000.00); or b. imprisonment of not more than three (3) years; or c. both; and d. the business permits and licenses, in the case of a business entity or establishment shall be revoked or cancelled.
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ADVERTISEMENT BANS (SEC. 22, RA 9211)

VIOLATORS
1. Non-compliant tobacco company 2. Retail establishment 3. Cinema establishment or 4. Media company
Republic Act 9211
1. Beginning 1 January 2007, all tobacco advertising on television, cable television and radio have been prohibited.
2. 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. *In the case of a business entity or establishment, the following shall be held liable: a. owner, b. president, c. manager or d. officials.
First offense: a. a fine of not more than One Hundred thousand pesos (P100,000.00); or b. imprisonment of not more than one (1) year; or c. both. Second offense: a. a fine of Two hundred thousand pesos (P200,000.00); or b. imprisonment of not more than two (2) years, or c. both. Third offense: a. a fine of not more than Four Hundred thousand pesos (P400,000.00); or b. imprisonment of not more than three (3) years, or c. both, and d. the business permits and licenses, in the case of a business entity or establishment shall be revoked or cancelled.
3. 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.

VIOLATION
There are four (4) forms of advertisements that have been banned. These are:
1. Tobacco advertising on television, cable television and radio
First offense: a. a fine of not more than One Hundred thousand pesos (P100,000.00); or b. imprisonment of not more than one (1) year; or c. both.
1. There is a tobacco advertisement; AND 2. It is shown on television, cable television, or the radio;
Second offense: a. a fine of Two hundred thousand pesos (P200,000.00); or b. imprisonment of not more than two (2) years, or c. both.
2. Tobacco advertising outdoors
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;
Third offense: a. a fine of not more than Four Hundred thousand pesos (P400,000.00); or b. imprisonment of not more than three (3) years, or c. both, and d. the business permits and licenses, in the case of a business entity or establishment shall be revoked or cancelled.
Republic Act 9211
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.
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Republic Act 9211
VIOLATION
3. It is not made within the premises of point-of-sale establishments.
3. Tobacco advertising in cinemas
First offense: a. a fine of not more than One Hundred thousand pesos (P100,000.00); or b. imprisonment of not more than one (1) year; or c. both.
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 5 connection with the showing of any film. ; AND
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 6 those eighteen (18) years old and above are permitted.
Second offense: a. a fine of Two hundred thousand pesos (P200,000.00); or b. imprisonment of not more than two (2) years, or c. both. Third offense: a. a fine of not more than Four Hundred thousand pesos (P400,000.00); or b. imprisonment of not more than three (3) years, or c. both, and d. the business permits and licenses, in the case of a business entity or establishment shall be revoked or cancelled.
Rep. Act No. 9211 (2003), Sec. 22 cf. Sec. 18. 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.

VIOLATION
4. Tobacco advertising in mass media
1. There is a tobacco advertisement; *In the case of a business entity or establishment, the following shall be held liable: a. owner, b. president, c. manager or d. officials.
First offense: a. a fine of not more than One Hundred thousand pesos (P100,000.00); or b. imprisonment of not more than one (1) year; or c. both. Second offense: a. a fine of Two hundred thousand pesos (P200,000.00); or b. imprisonment of not more than two (2) years, or c. both.
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, communications designed to reach persons by private, postal or regular mail, electronic mail, and similar means are 7 NOT considered as mass media ; AND
Republic Act 9211
3. The advertisement is not placed inside the premises of point-of-sale establishments.
Third offense: a. a fine of not more than Four Hundred thousand pesos (P400,000.00); or b. imprisonment of not more than three (3) years, or c. both, and d. the business permits and licenses, in the case of a business entity or establishment shall be revoked or cancelled.
IRR of Rep. Act No. 9211 (2004), Title I, Rule III, Sec. 1.11.
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RESTRICTIONS ON TOBACCO PROMOTIONS (SEC. 23, RA 9211)

VIOLATORS
1. Manufacturers 2. Distributors 3. Retailers, or 4. Those who act on their behalf *In the case of a business entity or establishment, the following shall be held liable: 1. owner, 2. president, 3. manager or 4. officials.
There are nine restrictions on tobacco promotions:
Republic Act 9211
1. Target Market and Participants
First offense: a. a fine of not more than One Hundred thousand pesos (Php100,000.00); or b. imprisonment of not more than one (1) year; or c. both. Second offense: a. a fine of Two hundred thousand pesos (Php200,000.00); or b. imprisonment of not more than two (2) years; or c. both.
What does the law provide? 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. What are the elements of the offense?
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. 2. It is directed to minors.
If the guilty officer is an alien, he shall summarily be deported after serving his sentence and shall be forever barred from re-entering from the Philippines.
Third offense: a. a fine of not more than Four Hundred thousand pesos (Php400,000.00); or b. imprisonment of not more than three (3) years, or c. both, and d. the business permits and licenses, in the case of a business entity or establishment shall be revoked or cancelled.
Rep. Act No. 9211 (2003), Sec. 23.

VIOLATION
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. 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 promotion. 3. Presentation of proof of age was not required.
2. Communications to Consumers
What does the law provide?
Republic Act 9211
Communications to consumers about tobacco promotions shall comply with the provisions of this Act governing tobacco
[ 41 ]
[ 42 ]

Republic Act 9211
VIOLATION
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.
1. That tobacco is promoted. 2. The promotion is communicated to consumers. 3. The promotional materials do not comply with the provisions on advertising or display the age requirement.
3. Points-of-Sale
All stalls, booths and other display concerning tobacco promotions must be limited to point-of-sale of adult only 9 facilities.
Rep. Act No. 9211 (2003), Sec. 23 (c).

VIOLATION
1. That tobacco is promoted. 2. Displays are employed in connection with the promotion. 3. The displays are located in places other than the points-ofsale of adult only locations.
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.
Republic Act 9211
What are the elements of the offense? 1. That tobacco is promoted. 2. The promotion is communicated by telephone. 3.The communication does not include a recorded health warning in English or Filipino.
[ 43 ]
[ 44 ]

VIOLATION
Republic Act 9211
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.
1. That tobacco is promoted. 2. There is a TV program or motion picture for viewing by the general public or a video, optical disc or video game machine. 3. A tobacco product, tobacco product package or advertisement is placed as a prop therein. 4. The placement is made by a manufacturer, distributor or retailer.

VIOLATION
6. Cigarette Brands on Smoking Related Paraphernalia
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.
1. That tobacco is promoted. 2. An indicia of a cigarette brand larger than 50 cm appears on a smoking related item. 3. There is no health warning consistent with the Act.
[ 46 ]

VIOLATION
Republic Act 9211
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.10
1. That tobacco is promoted. 2. There is merchandise or a clothing item with the name, logo or indicia of a cigarette brand.
10
Rep. Act No. 9211 (2003), Sec. 23 (g).

VIOLATION
3. The merchandise or clothing item is distributed, sold or offered. 4. The name, logo or indicia is visible to others when worn or used.
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.
8. Cigarette Brands on Products for Minors
Republic Act 9211
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 companys brand names, logos or other proprietary material on products that
[ 47 ]
[ 48 ]

VIOLATION
Republic Act 9211
are directed toward minors.
1. That tobacco is promoted. 2. There is an item marketed to or likely to be used by a minor. 3. The name, logo or other indicia of a cigarette brand or element of brand-related activity appears thereon.
9. Advertisements on Shopping Bags
What does the law provide? No tobacco advertisements may be placed on shopping bags. 11
What are the elements of the offense? 1. That tobacco is promoted. 2. There is a tobacco advertisement. 3. The advertisement is placed a shopping bag.
11
Rep. Act No. 9211 (2003), Sec. 23 (i).
VIOLATION OF RESTRICTIONS ON NAMING RIGHTS

VIOLATORS
1. Non-compliant tobacco company, and 2. Team or company that entered into the prohibited contract wth a tobacco company *In the case of a business entity or establishment, the following shall be held liable: a. owner, b. president, c. manager or d. officials
There are two ways of violating the restriction on naming rights:
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.
First offense: a. a fine of not more than One Hundred thousand pesos (Php100,000.00); or b. imprisonment of not more than one (1) year, or c. both. Second offense: a. a fine of Two hundred thousand pesos (Php200,000.00); or b. imprisonment of not more than two (2) years, or c. both.
1. There is an agreement between a manufacturer of tobacco products and a sports league or any team involved in any such league. 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).
2. Naming an arena or stadium with a tobacco brand.
Republic Act 9211
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.
If the guilty officer is an alien, he shall summarily be deported after serving his sentence and shall be forever barred from re-entering from the Philippines.
[ 49 ]
[ 50 ]
TOBACCO SPONSORSHIP (Sec. 26, RA 9211)

VIOLATION
Two acts are penalized under section 26 of RA 9211:
Republic Act 9211
1. Violation of the sponsorship ban
1. Cigarette/ tobacco company and 2. The group or individual who entered into the prohibited sponsorship contract
First offense: a. a fine of not more than One Hundred thousand pesos (Php100,000.00); or b. imprisonment of not more than one (1) year, or c. both. Second offense: a. a fine of Two hundred thousand pesos (Php200,000.00) or b. imprisonment of not more than two (2) years, or c. both.
1. There is a sport, concert, or cultural art or event, OR individual or team athletes, artists or performers 2. Such event, person or group is being sponsored by a cigarette 12 or tobacco company. 3.The sponsorship agreement requires the advertisement or promotion of cigarette use, name or brand. *In the case of a business entity or establishment, the following shall be held liable: a. owner b. president c. manager or d. officials If the guilty officer is an alien, he shall summarily be deported after serving his sentence and shall be forever barred from re-entering from the Philippines.
2. Registration of tobacco brand name as company name
1. There is a manufacturer. 2. Such manufacturer registered a tobacco brand name as a company name; 3. The registration was made after June 23, 2003.
13
12 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. 13 Manufacturer refers to any person entity, including a re-packer, who makes, fabricates, assembles, processes, or labels a finished product.
VIOLATION OF SAMPLING RESTRICTIONS (Sec. 27, RA 9211)

VIOLATORS
14
1. Non-compliant person, or 2. Entity - who gave out tobacco samples to minors *In the case of a business entity or establishment, the following shall be held liable: a. owner, b. president, c. manager or d.officials If the guilty officer is an alien, he shall summarily be deported after serving his sentence and shall be forever barred from re-entering from the Philippines.
1. Samples of tobacco products are being distributed. 2. They are being distributed to persons below 18 years of age.
First offense: a. a fine of not more than One Hundred thousand pesos (Php100,000.00); or b. imprisonment of not more than one (1) year, or c. both. Second offense: a. a fine of Two hundred thousand pesos (Php200,000.00); or b. imprisonment of not more than two (2) years, or c. both. Third offense: a. a fine of not more than Four Hundred thousand pesos (Php400,000.00); or b. imprisonment of not more than three (3) years, or c. both , and d. the business permits and licenses, in the case of a business entity or establishment shall be revoked or cancelled.
14 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 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. Unless stated otherwise, the requirements of this Act pertaining to cigarettes shall apply to other tobacco products.
[ 52 ]
Republic Act 9211
Article 8.2 Air Conditioning and Ventilation Standards Philippine Society of Mechanical Engineers Code 8xxx 8.2 x x x
Schedule A
1.1.1. 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 from 4,570 to 7,620 mm/min within the living zone and 55 to 60% relative humidity. 2.2.2. The air quality in such occupied spaces shall at all times be free from toxic, unhealthful, of disagreeable gases and fumes and shall be relatively free from odors and dust 2.2.3. The air such occupied spaces shall at all times be in constant motion sufficient to maintain a reasonable uniformity of temperature and humidity but shall 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 15.54 meter per minute as the air enters the living zone or 1,830 mm above the floor. 2.2.4 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 measured 910 mm above the floor shall not exceed 100 parts per million (ppm). 2.2.5. 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. Ventilation requirements that conform to the following table 8.2.5.
Republic Act 9211
[ 53 ]
Table 8.2.5
Outdoor Air Requirement

Application
Apartment, ave, Apartment, de luxe Banking spaces Barber Parlor Beauty Parlor Board Room Cocktail Bar Department Store Directors Room Drug Store Factory Funeral Parlor Hospital, Private Rm Hospital Ward Hotel Room Laboratories Meeting Room Offices, General Offices, Private Offices, Private Restaurant Cafeteria Dining Room Shop, Retail Theater Theater Occupants Smoking Some Some Occasional Considerable Occasional Very Heavy Heavy None Extreme Considerable None None None None Heavy Some Very Heavy Some None Considerable Considerable Considerable None None Some
Recommended
CMM
Minimum 0.283 0.283 0.213 0.283 0.213 0.567 0.708 0.412 0.850 0.213 0.213 0.213 0.708 0.283 0.708 0.425 0.850 0.283 0.425 0.708 0.283 0.340 0.213 0.412 0.288
0.567 0.567 0.283 0.425 0.283 1.417 1.134 0.213 1.417 0.283 0.283 0.283 0.850 0.567 0.850 0.567 1.417 0.425 0.708 0.850 0.340 0.425 0.283 0.213 0.425T
[ 54 ]
Republic Act 9211
Republic Act 9211
[ Xx ]
S A M P LE VI O L ATI ONS
Republic Act 9211
[ 55 ]
Non-compliant smoking area inside mall
Health Warning too small
Cigar packages without warning
Smoking in prohibited area
[ 56 ]
Republic Act 9211
Out door ad ban violation
Prohibited Merchandise
Republic Act 9211
[ 57 ]
DIRECTORY
Caloocan City Makati City
Telephone Number: 288-8811 Website: http://www.caloocan.gov.ph Telephone Number: 870-1000 Website: http://www.makati.gov.ph
Mandaluyong City Manila
Telephone Number: 532-5001 Website: http://www.mandaluyong.gov.ph Telephone Number: 527-0451 Website: http://www.manila.gov.ph
Pasig City
Telephone Number: 641-0000 Website: http://www.pasigcity.gov.ph
Marikina City Quezon City
Telephone Number: 646-2360 to 70 Website: http://www.marikina.gov.ph Telephone Number: 925-6045 Website: http://www.quezoncity.gov.ph
Department of Health
Telephone Number: 743-8301 to 23 Website: http://www.doh.gov.ph
Department of Trade and Industry (DTI)

Telephone Number: 751-3330 Website: http://www.dti.gov.ph
Philippine National Police (PNP)
Telephone Number 723-0401 to 20 SMS (For Non-Emergency Police Response): Type PNP <your message> then send to 2920 Website: http://www.pnp.gov.ph
[ 58 ]
Republic Act 9211
APPENDIX A: 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
Republic Act 9211
[ 59 ]
APPENDIX B: 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 by ______________________________ _____ (insert name of representative). 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
[ 60 ]
Republic Act 9211
APPENDIX C: 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 by _____________ ______________________ (insert name of representative). 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 groups efforts to curb the tobacco epidemic, we hope that you will be always be our partner. Thank you. Name of Representative
Republic Act 9211
[ 61 ]
APPENDIX D: EVIDENCE CHECKLIST FOR INSPECTORS/ENFORCERS

Republic Act 9211 is a law that provides for penalties for violations of its provisions. In order to prove the violations, evidence is required. The following is a checklist of evidence that may be taken for each of the violations. Violation: Smoking in a Prohibited Public Place 1. Testimony of witnesses 2. Photograph 3. Video Violation: Failure to designate smoking and non-smoking areas 1. Testimony of witnesses 2. Photograph Violation: Failure to observe standards for designated smoking areas 1. Testimony of witnesses 2. Photograph Violation: Failure to Post Signage in the designated smoking and non-smoking areas 1. Testimony of witnesses 2. Photograph Violation: Failure to include a health warning in the Smoking Area sign 1. Testimony of witnesses 2. Photograph Violation: Selling/distributing tobacco products to minors 1. Testimony of witnesses 2. Business permits, books of account, sales invoices and other business records showing that the retailer sells tobacco products 3. Receipt/s of the transaction 4. Photographs of the transaction 5. Video of the transaction 6. Birth certificate or any proof of identification indicating the date of birth of the minor Violation: Purchasing cigarettes or any tobacco product from a minor 1. Testimony of witnesses 2. Receipts, monies and the tobacco product subject of the transaction 3. Photographs of the transaction 4. Video of the transaction 5. Birth certificate or any proof of identification indicating the date of birth of the minor Violation: Selling of cigarettes by a minor 1. Birth certificate or any proof of identification indicating the date of birth of the minor 2. Testimony of witnesses 3. Receipts, monies and the tobacco product sold
[ 62 ]
Republic Act 9211
4. Photograph of the transaction 5. Video of the transaction Violation: Purchasing of cigarettes or any tobacco product by a minor 1. Testimony of witnesses 2. Receipts, monies and the tobacco product subject of the transaction 3. Photograph of the transaction 4. Video of the transaction 5. Birth certificate or any proof of identification indicating the date of birth of the minor Violation: Smoking of cigarettes or any tobacco product by a minor 1. Birth certificate or any proof of identification indicating the date of birth of the minor 2. Testimony of witnesses 3. Photographs 4. Videos 5. The cigarette, cigarette butts, or tobacco products smoked Violation: Selling/Distributing tobacco products within one hundred (100) meters from any point of the perimeter of a school, public playground or other facility frequented by minors 1. Testimony of witnesses 2. Photograph of the transaction 3. Video of the transaction 4. Certified Land Title where the store is located 5. Geodetic Engineers certified measurement of the distance from where the transaction took place to the school public playground or other facility frequented by minors Violation: Non-compliance with the required health warnings on packages of tobacco products 1. The actual package of the tobacco product 2. Testimony that the tobacco product is being sold 3. Photograph of the transaction 4. Video of the transaction Violation: Tobacco Advertising in mass media 1. The actual advertisement 2. Photo of the advertisement 3. Video or video capture of the advertisement 4. Testimony of persons who witnesses the advertisement Violation: Tobacco Advertising outdoors 1. The actual advertisement 2. Photo of the advertisement 3. Video of the advertisement 4. Testimony of persons who witnessed the advertisement
Republic Act 9211
[ 63 ]
Violation: Tobacco Advertising in Cinemas and on Television 1. The actual advertisement 2. Photo of the advertisement 3. Video of the advertisement 4. Testimony of persons who witnessed the advertisement Violation: Tobacco Advertising on Radio 1. The actual advertisement 2. Recording of the advertisement 3. Testimony of persons who witnessed the advertisement Violation: Non-compliance with the restrictions on tobacco advertising in audio, video and computer cassettes/discs and similar medium 1. Video or audio cassette, videogame machine, optical disc or any similar medium containing the tobacco advertisement 2. Testimony of persons who saw or made use of the audio cassette, videogame machine, optical disc or any similar medium 3. Video or photographs showing that the device contains tobacco advertisement and that it can be accessed Violation: Tobacco Advertising on the Internet and other similar medium 1. Printout of the first page of the website to prove that the site is not restricted to persons 18 years old and above 2. Printout of the webpage containing the tobacco advertisement 3. Certification from the person who printed the advertisement to prove the authenticity of the printout 4. Testimony of persons Violation: Promotions of tobacco products to minors 1. Tobacco promotional materials 2. Testimony of witnesses to prove that the promotion was directed to minors, participated in by minors, or that presentation of proof identification is not requires 3. Photographs 4. Video Violation: Tobacco promotions are communicated to consumers and these do not comply with requirements 1. Copy of the promotional materials 2. Testimony of witnesses to prove that the materials were being distributed Violation: Stalls, booths, and other display concerning tobacco promotions are located in places other than the point-of-sale of adult only facilities 1. Testimony of witnesses 2. Photographs of the promotions 3. Video of the promotions
[ 64 ]
Republic Act 9211
Violation: Tobacco promotions communicated by telephone does not include a health warning in English or Filipino 1. Recording of the telephone communication 2. Testimony of recipient of communication Violation: Placement of Props( tobacco products, tobacco product packages, tobacco advertisement) in Visual Media 1. Original copy of the video or the optical disc or video game 2. Copy of the TV program or movie showing such placement 3. Testimony of witnesses Violation: Cigarette Brands on Smoking Related Paraphernalia (cigarette lighters, ashtrays, matches and other smoking related items) with no Health Warning 1. The paraphernalia itself 2. Photograph of the paraphernalia 3. Video of the paraphernalia 4. Testimony of witnesses Violation: Cigarette Brands on Merchandise 1. The article of merchandise itself 2. Testimony of witnesses 3. Photograph of the merchandise 4. Video showing such merchandise Violation: Cigarette Brands on Products for Minors 1. The product itself 2. Testimony of witnesses Violation: Tobacco Advertisement on Shopping Bags 1. The shopping bag 2. Testimony of witnesses Violation: Tobacco manufacturer 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 1. The documents embodying such agreement 2. Testimony of witnesses to the agreement 3. Testimony of witnesses who saw the teams sporting such brands 4. Photographs 5. Video Violation: Naming an arena or stadium with a tobacco product brand 1. The documents embodying such agreement 2. Testimony of witnesses to the agreement 3. Photograph of the stadium or arena bearing the name of a tobacco product
Republic Act 9211
[ 65 ]
Violation: Tobacco sponsorship of a sport, concert, cultural art or event, individual and team athletes, artists, or performers 1. The sponsorship agreement itself 2. Posters, leaflets, and other promotional items for the event 3. Materials given by the tobacco company to be used by the individual, team, artist, or performer 4. Testimony of the event organizer, individual, team or performer 5. Testimony of those who attended 6. Photographs or video recording of the event, person, or group showing tobacco sponsorship Violation: Registration of the tobacco brand name as company name 1. Certification from the Securities and Exchange Commission that the manufacturer registered a tobacco brand name as a company name 2. Documents showing such registration Violation: Distribution of samples of tobacco products to minors 1. Birth certificate or any proof of identification indicating the date of birth of the minor 2. Testimony of the minor to whom the sample was given 3. Testimony of witnesses who saw the distribution of samples 4. Photographs of the distribution 5. Video of the distribution
[ 66 ]
Republic Act 9211
APPENDIX E: INSPECTION CHECKLIST FOR ENFORCERS

THE FOLLOWING ARE THE PLACES WHERE VIOLATIONS OF REPUBLIC ACT 9211 OR THE TOBACCO REGULATION ACT ARE MOST PREVALENT. 1.) Malls, Restaurants, Hotels and Bars 2.) Highways and Streets 3.) Public Markets, Churches, Schools 4.) Bus Station, Train Stations and Jeep Terminals 5.) All other Places. THE LIST THAT FOLLOWS ENUMERATES THE THINGS TO CHECK. 1.) MALLS, RESTAURANTS, HOTELS AND BARS a.) Is there a smoking area? __ Yes __ No i.) If no, are there people smoking? __ Yes __ No ii.) If yes, is the smoking area in __ an open space or __ in an enclosed place? iii.) If the smoking area is in an open space, does the area have the required SMOKING AREA signage? __ Yes __ No iv.) If the smoking area is in enclosed place, is it located within the same area as the non-smoking area? __ Yes __ No v.) If the smoking area is an enclosed place, does the area have: I.) the required SMOKING AREA signage? __ Yes __ No II.) adequate ventilation? __ Yes __ No III.) the required health warning in its signage? __ Yes __ No b.) Is there a non-smoking area? __ Yes __ No i.) Does the non-smoking area have the required No Smoking signage? __ Yes __ No c.) Are there tobacco advertisements? __ Yes __ No i.) If yes, are these located inside the premises of point-of-sale establishments? __ Yes __ No d.) Are there retailers of cigarettes and other tobacco products? __ Yes __ No i.) If yes, do these retailers have the required signage saying SALE/DISTRIBUTION TO OR PURCHASE BY MINORS OF TOBACCO PRODUCTS IS UNLAWFUL or IT IS UNLAWFUL FOR TOBACCO PRODUCTS TO BE SOLD/DISTRIBUTED TO OR PURCHASED BY PERSONS UNDER 18 YEARS OF AGE? __ Yes __ No ii.) Do the retailers verify the age of a buyer to check whether the buyer is a minor or not? __ Yes __ No iii.) Do the tobacco products sold by the retailer have the required health warning on their packages? __ Yes __ No
Republic Act 9211
[ 67 ]
e.) Is there merchandise being sold that contain tobacco brand names, logos of tobacco brand names or indicia of tobacco brand names? __ Yes __ No f.) Is there a playground, school or facility frequented by minors nearby? __ Yes __ No i.) If yes, are there sellers of tobacco products within 100 meters of the perimeter of the playground, school or facility frequented by minors? __ Yes __ No ii.) Are there people smoking in the playground, school, or facility frequented by minors? __Yes __ No g.) Are there samples of tobacco products being distributed to minors? __ Yes __ No h.) Are tobacco products being sold to minors? __ Yes __ No i.) Are there items such as SPORTS EQUIPMENT, TOYS, DOLLS, MINIATURE REPLICAS OF RACING VEHICLES, VIDEO GAMES AND FOOD (marketed to or likely to be used by minors) that have tobacco brand names, logos or other indicia appearing on them being sold? __ Yes __ No j.) Are tobacco promotions being directed to minors? __ Yes __ No k.) Are there stalls, booths, and other displays concerning tobacco promotions? __ Yes __ No l.) Are there events sponsored by tobacco manufacturers being held? __ Yes __ No m.) Are there tobacco advertisements placed on shopping bags? __ Yes __ No n.) Are there people smoking in food preparation areas (areas where food or beverage is actually being prepared)? __ Yes __ No 2.) HIGHWAYS AND STREETS a.) Are there tobacco advertisements outdoors? __ Yes __ No i.) If yes, are these located inside the premises of point-of-sale establishments? __ Yes __ No b.) Are there persons smoking on public conveyances? __ Yes __ No c.) Are cigarettes and other tobacco products being sold to minors? __ Yes __ No d.) Are there persons smoking in locations where fire hazards are present such as gas stations, and storage areas for flammable LIQUIDS, GAS, EXPLOSIVES, OR COMBUSTIBLE MATERIALS? __ Yes __ No
3.) PUBLIC MARKETS, CHURCHES AND SCHOOLS a.) Are there tobacco advertisements outdoors? __ Yes __ No i.) If yes, are these located inside the premises of point-of-sale establishments? __ Yes __ No
[ 68 ]
Republic Act 9211
b.) Is there a smoking area? __ Yes __ No i.) If no, are there people smoking? __ Yes __ No ii.) If yes, is the smoking area in __ an open space or __ in an enclosed place? iii.) If the smoking area is in an open space, does the area have the required SMOKING AREA signage? __ Yes __ No iv.) If the smoking area is in enclosed place, is it located within the same area as the non-smoking area? __ Yes __ No v.) If the smoking area is an enclosed place, does the area have: I.) the required SMOKING AREA signage? __ Yes __ No II.) adequate ventilation? __ Yes __ No III.) the required health warning in its signage? __ Yes __ No c.) Is there a non-smoking area? __ Yes __ No i.) Does the non-smoking area have the required No Smoking signage? __ Yes __ No d.) Are there people smoking in the schools (preschools, elementary schools, high schools, colleges and universities)? __ Yes __ No e.) Are there sellers of cigarettes and other tobacco products within 100 meters of the perimeter of any school, playground, or facility frequented by minors? __ Yes __ No 4.) BUS STATIONS, TRAIN STATIONS AND JEEP TERMINALS a.) Are there tobacco advertisements outdoors? __ Yes __ No i.) If yes, are these located inside the premises of point-of-sale establishments? __ Yes __ No b.) Is there a smoking area? __ Yes __ No i.) If no, are there people smoking? __ Yes __ No ii.) If yes, is the smoking area in __ an open space or __ in an enclosed place? iii.) If the smoking area is in an open space, does the area have the required SMOKING AREA signage? __ Yes __ No iv.) If the smoking area is in enclosed place, is it located within the same area as the non-smoking area? __ Yes __ No v.) If the smoking area is an enclosed place, does the area have: I.) the required SMOKING AREA signage? __ Yes __ No II.) adequate ventilation? __ Yes __ No III.) the required health warning in its signage? __ Yes __ No c.) Is there a non-smoking area? __ Yes __ No i.) Does the non-smoking area have the required No Smoking signage? __ Yes __ No d.) Are there persons smoking on public conveyances? __ Yes __ No e.) Are tobacco products being sold to minors? __ Yes __ No
Republic Act 9211
[ 69 ]
f.) Are there stalls, booths, and other displays concerning tobacco promotions? __ Yes __ No 5.) ALL OTHER PLACES a.) Are there persons smoking in the following places? i.) Places with no designated smoking areas where a designated smoking area is required __ Yes __No ii.) Within the building and premises of : __ Yes __ No
A.) PUBLIC AND PRIVATE HOSPITALS B.) MEDICAL, DENTAL, AND OPTICAL CLINICS C.) HEALTH CENTERS D.) NURSING HOMES E.) DISPENSARIES F.) LABORATORIES b.) Are there tobacco advertisements outdoors? __ Yes __ No i.) If yes, are these located inside the premises of point-of-sale establishments? __ Yes __ No
[ 70 ]
Republic Act 9211
Republic Act 9211
[ 71 ]

Ra 9211 Handbook Tobacco Regulation Act 2003

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Copyright 2010. University of the Philippines College of Law Development Foundation, Inc. All rights reserved.

Handbook for the Implementation and Enforcement of

REPUBLIC ACT 9211 (TOBACCO REGULATION ACT)

Republic Act 9211

What is Republic Act 9211?

How to Use this Handbook

Republic Act 9211

Philippine National Police

B.) Violations of Republic Act 9211

Republic Act 9211

b.) Designated Smoking and Non-Smoking Areas

Republic Act 9211

100 meters is the distance of about three (3) basketball courts

Republic Act 9211

Rate 52.3 14.2 120.7 257.0 204.8 135.4

144931 2265.2 103311 1553.7 35+

Republic Act 9211

FOR STRICT COMPLIANCE AND ENFORCEMENT

Republic Act 9211

C.) Violations of Republic Act 9211

Republic Act 9211

Republic Act 9211

a.) Failure to Designate SMOKING and NON-SMOKING AREAS

*k Article 8.2 Air Conditioning and Ventilation Standards

Republic Act 9211

Best Practice in Makati

Republic Act 9211

Republic Act 9211

3.) Outdoor Advertisement Ban

Republic Act 9211

5.) Flowchart of Procedure 5.) Flowchart of Procedure

Republic Act 9211

6.) Pro-Forma Complaint Republic of the Philippines City of Manila ) ) s.s.

Republic Act 9211

B.) Violations under Republic Act 9211

Republic Act 9211

Republic Act 9211

Republic Act 9211

Republic Act 9211

iii.) Tobacco Advertisements in CINEMAS iv.) Tobacco Advertisements in MASS MEDIA

Republic Act 9211

Republic Act 9211

Republic Act 9211

Longbeach Lucky Strike Mark Marlboro Merit Next Parliament Salem

Viceroy West Winston Fortune Vogue Peel Pearl

b.) Within the building and premises of :

I. SMOKING IN ABSOLUTELY SMOKE-FREE AREAS (SEC.5, RA 9211)

SMOKING IN A PROHIBITED PUBLIC PLACE.

The prohibited public places are:

2.) ELEVATORS AND STAIRWELLS

Republic Act 9211

Republic Act 9211

1. OWNER 2. PROPRIETOR 3. POSSESSOR 4. MANAGER OR 5. ADMINISTRATOR.

B.) FAILURE TO OBSERVE STANDARDS FOR DESIGNATED SMOKING AREAS.

C. FAILURE TO POST SIGNAGE IN THE DESIGNATED SMOKING AND NON-SMOKING AREAS

The signage LOOKS LIKE:

1. OWNER 2. PROPRIETOR 3. POSSESSOR 4. MANAGER OR 5. ADMINISTRATOR.

Republic Act 9211

Republic Act 9211

What are the elements of the violation?

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

1. SELLING OR DISTRIBUTING tobacco products to minors by any RETAILER

2. PURCHASING cigarettes or any tobacco product from a MINOR