Napolcom reiterates: Implement smoking ban nationwide
THE National Police Commission (Napolcom) reminded the police on Friday, November 10, to strictly implement the smoking ban in all public places nationwide.
Rogelio Casurao, Napolcom vice-chairman and executive officer, said he issued a memorandum circular dated November 3 reiterating the responsibility of the Philippine National Police
(PNP) and local task forces in cities and municipalities to apprehend violators of the smoking ban.
“With 10 Filipinos dying prematurely from tobacco-related diseases every hour according to the World Health Organization, the Napolcom sternly calls for the cooperation of the police and the local government units to take firm action against violators who endanger and neglect the right of every citizen to breathe clean air,” Casurao said.
The ban against smoking in all public and enclosed places was imposed by President Rodrigo Duterte nationwide through Executive Order No. 26 issued on May 16, 2017.
The ban replicates nationwide the local ordinance that was approved in Davao City in 2002, when Duterte was still mayor.
It reinforces the Clean Air Act of 1999 and the Tobacco Regulation Act of 2003. Violations include: - Smoking within enclosed public places and public conveyances;
- For persons-in-charge to allow, abet or tolerate smoking in the aforementioned places and outside of a designated smoking area;
- For any person to sell, distribute or purchase tobacco products to and from minors;
- For a minor to smoke, sell or buy cigarettes or any tobacco products;
- Ordering, instructing or compelling a minor to use, light up, buy, sell, distribute, deliver, advertise or promote tobacco products;
- Selling or distributing tobacco products in school, public playground, youth hostels and recreational facilities for minors;
- Placing, posting, displaying or distributing promotional materials of tobacco products within 100 meters from the perimeter of a school, public playground and other facilities frequented by minors;
- Placing any form of tobacco advertisement outside of the premises of point-ofsale establishments; and
- Placing any stall, booth and other displays concerning tobacco promotions in areas outside the premises of point-ofsale locations or adult-only facilities.
The ban imposes penalties of P500 to P1,000 for first time offenders; P1,000 to P5,000 for second time offenders; and P5,000 to P10,000 for the third offense on top of the revocation of business permit or license to operate of the violating establishment.
However, designated smoking areas may be established with a condition that it has a combined area and buffer zone not bigger than 20 percent of the total floor area of the building but not smaller than 10 meters.
These smoking areas should also have no opening that will allow air to escape to the smoke-free area of the building or conveyance, a ventilation system independent of other ventilation systems servicing the rest of the building or conveyance, a “Smoking Area” signage, graphic health warnings, and prohibition of the entry of persons below 18 years old.