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Frequently Asked Questions on President Rodrigo Roa Duterte's
Executive Order Number 26

EO on Smoke Free Environment

1. What are the prohibited acts?

1.1. For all persons:

a. To smoke within enclosed public places and public conveyances except in designated smoking areas (DSAs)

b. To sell, distribute, or buy tobacco products to and from minors

c. To order, instruct, or compel a minor to use, light up, sell, distribute, deliver, advertise, or promote tobacco products

d. To sell or distribute tobacco products in schools, public playgrounds, youth hostels, recreational facilities for minors, places frequented by minors, or within 100 meters from any of the enumerated places.

e. To place, post, display, or distribute advertisement or promotional materials of tobacco products in the following places:

i. Schools, public playgrounds, youth hostels, recreational facilities for minors, places frequented by minors, or within 100 meters from any of the enumerated places.

ii. Places where sale of tobacco products is prohibited

f. To place any form of tobacco advertisement outside the premises of point-of­ sale retail establishments (stores or other places where tobacco products are sold)

g. To place a stall, booth, and other display on tobacco promotion in areas outside the premises of point-of-sale locations or adult-only facilities.

1.2. For persons in charge to allow, abet, or tolerate smoking within the areas covered by their authority in

a. Public places or public conveyances

b. Within DSAs that are not fully compliant with requirements

1.3. For minors to smoke, sell, or buy tobacco products

2. Where is smoking absolutely prohibited? No Designated Smoking Areas shall be established.

a. Centers of youth activity such as schools, youth hostels, and recreational facilities for minors;

b. Elevators and stairwells;

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

d. Within the buildings and premises of hospitals, clinics (medical, dental, or optical), health centers, nursing homes, dispensaries, or laboratories;

e. Food preparation areas;

3. Where is smoking allowed?

Smoking is allowed only in Designated Smoking Areas (DSA) that must comply with certain specifications.

4. Who will apprehend violators of the EO?

The Philippine National Police and the Smoke-Free Task Force formed by the City/Municipality.

5. What is the penalty for violation of EO 26?

a. For smoking in prohibited places and for violation of DSA standards:

• First offense: a fine of Php500.00 - Php1, 000.00;

• Second offense: a fine of Php1, 000.00 - Php5, 000.00;

• Third offense: a fine of Php5,000.00 - Php10, 000.00 and revocation of the business permits and licenses to operate.

b. For selling or distributing to/ buying from minors; selling of tobacco products within 100 meters from any point of the perimeter of schools, playgrounds, and other facilities frequented particularly by minors; and failing to properly post signage required in point-of-sale establishments offering, distributing, or selling tobacco products:

• Fine of at least P5,000.00 or imprisonment of maximum of 30 days and at the court's discretion, revocation of business licenses or permits in the case of   business entity or establishment.

c. For violation of advertising and promotion of tobacco products where prohibited:

• First offense: a fine of not more than Php100,000.00 or imprisonment of not more than 1 year, or both;

• Second offense: a fine of Ph 200,000.00 or imprisonment of not more than 2 Years, or both;

• Third offense: in addition to a fine of not more than Php400,000.00 or imprisonment of not more than 3 years, or both, the business permits and licenses, in the case of a business entity or establishment, shall be revoked or cancelled.

 

 

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