No Smoking in Public Places Policy: 12 Things You Need to Know (Updated July 6, 2011)
1. What does a Smoke-Free environment mean?
SMOKE-FREE refers to an environment where everyone is protected from the hazards of secondhand smoke, in all enclosed workplaces and public places, including restaurants, bars and other hospitality venues.
2. What are the effects of second - hand smoke?
- Non-smoking adults who are exposed to second-hand smoke at home or at work have a 25% to 30% increased risk of developing lung cancer.
- Babies of non-smoking women who are exposed to second-hand smoke during pregnancy are at risk of experiencing a small reduction in birth weight.
- Maternal milk production is less in smokers compared with non-smokers, and the production decreases as the number of cigarettes smoked per day increases.
- In infants and children, second-hand smoke exposure causes sudden infant death syndrome (SIDS), acute respiratory infections, middle ear disease, more severe asthma, respiratory symptoms, and slowed lung growth.
3. When will the "No-Smoking in Public Places" take effect?
After implementing a month-long (June 1-30, 2011) information campaign through warnings given to smokers caught in public places (RA 9211, see below) around Metro Manila, deputized MMDA Environment Enforcers will begin apprehending violators with FINE effective Friday, July 1, 2011.
4. What are the basis of apprehension?
- The Philippines is a signatory to the Framework Convention on Tobacco Control Treaty in 2005.
- RA 9211, the Tobacco Regulation Act of 2003
- definition of "public place"- enclosed or confined areas of all hospitals, medical clinics, schools, public transportation terminals and offices, and buildings such as private and public offices, recreational places, shopping malls, movie houses, hotels restaurants and the like." (Section 4 (n))
- the absolute smoking ban applies to the following public places:
- centers of youth activity such as schools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels and recreational facilities for person under 18
- elevators and stairwells
- locations in which fire hazards are present, including gas stations and storage areas for flammable liquids, gas, explosives or combustible materials
- within the buildings and premises of public and private hospitals, medical, dental and optical clinics, health centers, nursing homes, dispensaries and laboratories
- public conveyances and public facilities including airport and ship terminals and train and bus stations, restaurants and conference halls, except for separate smoking areas. (Section 5)
- because of the overarching definition of public places, the foregoing enumeration is construed to mean only such places which are enclosed or confined
- Section 6 of the Act refers to areas where smoking is restricted. Owners/proprietors/administrators of such areas are required to designate smoking/non-smoking areas:
- all enclosed spaces open to the general public;
- private workplaces; and
- other places not covered under Section 5 where non-smokers may be exposed to tobacco smoke
- 8749- CLEAN AIR ACT (1999) and its IRR
- RA 8749, Section 24. Pollution From Smoking.- Smoking inside a public building or an enclosed public place including public vehicles and other means of transport or in any enclosed area outside of one's private residence, private place of work or any duly designated smoking area is hereby prohibited under this Act. This provision shall be implemented by the LGU's.
- IRR, SECTION 1. Ban on Smoking.- The Local Government Units (LGU's) shall within six (6) months from the effectivity of these Implementing Rules and Regulations, implement or enforce a ban on smoking inside a public building or in any enclosed area outside of one's private residence, private place of work or any duly designated smoking area which shall be enclosed
- CSC MEMO CIRCULAR NO. 17-2009 Re: 100% Smoke-Free Environment Policy
- Legal Basis: RA 9211 and WHO-Framework
- Salient Provisions:
Penal Provision: violations shall be ground for disciplinary action pursuant to Rule XIV (Discipline) of the Omnibus Rules Implementing Book V of EO 292
- Absolute Prohibition of Smoking in or on the premises, buildings, and grounds of government agencies providing health, education and/or social welfare and development services such as hospitals, health centers, schools and universities, colleges, etc.
- No "Smoking Areas" shall be designated in such places
- Exception: An outdoor space designated by the head of agency that meets with defined requirements
- ashtrays to be removed except in smoking areas
- Smoking prohibited in government vehicles
- Building administrators are required to ensure strict compliance with the no-smoking policy
- The Court's ruling concludes that where no "Smoking Areas" have been designated in a relevant area covered by Section 6 of RA 9211, the smoker should only be warned, not penalized.
- The Land Transportation Franchising and Regulatory Board (LTFRB) passed MEMORANDUM CIRCULAR NO. 2009-036 prohibits smoking in all Public Utility Vehicles, and public land transportation terminals;
- LGU ORDINANCES/ISSUANCES ON TOBACCO CONTROL/NON-SMOKING
- Each of the Local Government Unit of Metro Manila has its own policy on tobacco control
- All cities, except Caloocan, Muntinlupa, Mandaluyong, and Navotas, reiterate RA 9211
- The cities mentioned above have stricter rules. They have expanded definition of public places to include open spaces to include open spaces or have deleted the word "enclosed" from definition of public places (please see attached for specific details)
5. Who are the implementing partners of MMDA, and where are their areas of responsibility?
The implementing partners of MMDA are the 17 LGUs, DOH, Health Justice, UP-College of Law, Framework Convention on Tobacco Control Alliance Philippines, and LTFRB.
6. How much is the penalty for violating the No Smoking Policy?
- Legal Basis: RA 9211 and WHO-Framework
- 1st offense: Php 500 - Php 1,000; or 8-hour community service
- 2nd offense: Php 1,000 - Php 5,000; or 16-hour community service
- 3rd offense: Php 5,000 - Php 10,000 and cancellation/revocation of franchise or business permit.
7. How shall the MMDA apprehend violators within its jurisdiction?
The MMDA has deputized the Environmental Enforcers monitoring the areas within its jurisdiction in Metro Manila. These Environment Enforcers (EE) are in their mint green polo-shirt uniform (with MMDA logo), with identification cards (both employee ID and Deputation ID) clearly visible and displayed. They are in charge of issuing Environmental Violation Receipts (EVR) to persons caught violating the No Smoking Policy. The EE's ID contains a written Deputation Order, stating the name and deputation number of the EE, his authority to issue EVRs, and until when the order is effective.
8. What is the MMDA's protocol in deploying Environmental Enforcers?
Environmental Enforcers will be deployed in teams. Each team leader and an assistant team leader, who will both have the exclusive authority to issue EVRs. These two may be assisted by one photographer and one recorder to document each apprehension made by their team leader or assistant team leader.
A spotter shall be deployed by the MMDA for each team to monitor possible violators of the agency's regulations. It is the spotter's duty to bring the violator to the Environmental Enforcer for issuance of ticket. The Environment Officer should tell the violator of the details of his/her violation, and the proper payment process.
MMDA Traffic Enforcers may also assist by playing the role as spotters for the Environmental Enforcers as necessary, should they catch violators smoking in designated non-smoking areas (e.g., drivers or commuters caught smoking while driving/riding in PUVs) in their respective jurisdictions. They shall hand-carry their own "no-smoking" handy placards to reinforce communication to the public.
MMDA Enforcers deployed in Calooocan, Muntinlupa, Mandaluyong and Navotas shall apprehend violators in accordance to RA 9211. However, they shall serve to assist LGU environmental enforcers as spotters, should they catch violators smoking in public places beyond those stipulated in RA 9211 (again, refer to attached for specific ordinances of abovementioned LGUs).
9. What is the procedure for payment of administrative fines?
Upon apprehension, a violator will be given an option to either pay the fine, or to render community service. For payment of fines or rendering of Community Service, the following procedures should be observed:
Option 1 (Payment at Metrobank)
1. Just go to the nearest branch of Metrobank and fill-up the payment form (entity number, name, and amount of violation), not more than 7 days after the occurrence of the apprehension. After the payment, make sure to keep the Official Receipt for possible future reference.
Option 2 (Payment at MMDA Office)
1. Report to MMDA HPSEPO for Order of Payment of the charged Administrative Fine according to the nature of offense committed
2. Go to the MMDA Treasury Operations Service for the payment of fine
3. Submit the initial receipt to HPSEPO for clearance and documentation
Option 3 (Community Service)
1. Report to MMDA HPSEPO for proper orientation on the Environmental Regulations Schedule and Instruction
2. Render Community Service
3. Go to HPSEPO for clearance and issuance of Certificate of Compliance
10. What if violators don't pay the fine nor render Community Service?
If a violator does not show-up within 3-days after receipt of apprehension, he shall be given the 1st summon which will be valid for 15 days. Non-settlement within 15 days will entail receiving the 2nd summon, valid for another 15 days. Should the violator continue to ignore the 2nd summon, the final summon, which is valid for 1 (one) month, will be given to him.
If the violator ignores the final summon, his case will be filed to the Metropolitan Trial Court of the city where he will be apprehended. Non-appearance in scheduled hearings will mean being given a Warrant of Arrest. His violation will be forwarded to the NBI.
Failure to pay the administrative fine of P500 or render 8 hours Community Services shall be penalized, after conviction, by a fine of One Thousand Peses (P1,000.00), or imprisonment of three (3) to seven (7) days, or both, at the discretion of the court.
Failure to pay the administrative fine of P1,000 or render 16 hours of Community Service shall be penalized, after conviction, by a fine of two Thousand Pesos (P2,000.00) or imprisonment of seven (7) days to one (1) month, or both, at the discretion of the court.
11. If a person has a pending violation of the No-Smoking Policy, will it be possible for him to obtain an NBI clearance? If not, what is the procedure for getting himself cleared from the violation?
The violator should go to the MMDA and pay his fine. After paying, he should go to the HPSEPO and get his "Motion to Withdraw Information" certificate signed by the Senior Prosecutor of the DOJ. After this, he should bring the "Motion to Withdraw Information" certificate to the concerned Metropolitan Trial Court (MTC). After submitting, the MTC shall give him the "Certificate of No Case". Finally, he should bring said "Certificate of No Case" to the NBI to obtain to obtain his NBI clearance.
12. Can a violator protest his EVR or file a complaint against an Environmental Enforcer?
If one feels his EVR was issued without any legal basis or in violation of the protocol, he may contest this by going to the MMDA-HPSEPO Adjudication Office (7th floor MMDA Main Bldg. EDSA cor. Orense St. Guadalupe Nuevo, Makati City) to fill-up the protest form indicating all relevant details regarding his complaint, within 1 week (7 days) after receipt of the apprehension.
ORDINANCE DEFINITION OF "PUBLIC PLACE" FOR 4 LGUs