DO 75, s. 2007 - Ensuring Strict Observance of the Provisions of Republic Act No. 9211 (An Act Regulating the Packaging, Use, Sale, Distribution and Advertisements of Tobaco Products and Other Purposes)

October 17, 2007
DO 75, s. 2007
Ensuring Strict Observance of the Provisions of Republic Act No. 9211 (An Act Regulating the Packaging, Use, Sale, Distribution and Advertisements of Tobaco Products and Other Purposes)

To: Undersecretaries
Assistant Secretaries
Bureau Directors
Directors of Services/Centers and Heads of Units
Regional Directors
Schools Division/City Superintendents
All Others Concerned

  1. For the information and guidance of all concerned, enclosed is a copy of Republic Act No. 9211 entitled “An Act Regulating the Packaging, Use, Sale, Distribution and Advertisements of Tobacco Products and for Other Purposes”, also known as “Tobacco Regulation Act of 2003”.
     
  2. Attention is invited on the vital provisions of the said Act, herein quoted as follows:
    Section 5. Smoking in Public Places - Smoking shall be absolutely prohibited in the following public places:
    a. Centers of youth activity such as playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels and recreational facilities for persons under eighteen (18) years old. XXXXXXXX

    Section 10. Sale of Tobacco Products Within School Perimeters - The sale or distribution of tobacco products is prohibited within one hundred (100) meters from any point of the perimeter of a school, public playground or other facility frequented particularly by minors.

    Section 32. Penalties - The following penalties shall apply:

    1. Violation of Sections 5 and 6 - on the first offense, a fine less than Five Hundred Pesos (PhP500.00) but not more than One Thousand Pesos (PhPl,000.00) shall be imposed.

      On the Second Offense, a fine less than One Thousand Pesos (PhPl,000.00) but not more than Five Thousand Pesos (PhP5,000.00) shall be imposed.

      On the third offense, in addition to a fine of not less than Five Thousand Pesos (PhP5,000.00) but not more than Ten Thousand Pesos (Phpl0,000.00), the business permits and licenses to operate shall be cancelled or revoked.
       

    2. Violation of Sections 7, 8, 9, 10 and 11 - On the first offense, any person or business entity or establishment selling to, distributing or purchasing a cigarette or any other tobacco products for a minor shall be fined the amount of less than Five Thousand Pesos (PhP5,000.00) or an imprisonment of not more than thirty (30) days upon the discretion of the court. For succeeding offenses, both penalties shall apply in addition to the revocation of business licenses or permits in the case of a business entity or establishment.

      If the violation is by establishment of business entity, the owner, president, manager, or the most senior officers thereof shall be liable for the offense.

      If a minor is caught selling, buying or smoking cigarettes or any other tobacco products, the provisions of Article 189 of PD 603, otherwise known as “The Child and Youth Welfare Code”, as amended shall apply. XXXXXXXXXX

  3. Corollary thereto, all schools are directed to conduct advocacy campaign focusing on the adverse effects of smoking.
     
  4. Likewise, wide dissemination of copies, particularly in schools, and strict observance and implementation of the law and its Implementing Rules and Regulations are hereby directed.
     
  5. Strict and immediate compliance with this Order is desired.

Encl.:
As stated
Reference:
None
Allotment: 1—(D.O. 50-97)

To be indicated in the Perpetual Index under the following subjects:
CAMPAIGN
LEGISLATION
RULES & REGULATIONS
SCHOOLS