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Term --FCTC-Based Definition Philippines
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Defined
Yes
Analysis

The definition of "workplace" contained in E.O. No. 26 aligns with the definition contained in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Defined
Yes
Analysis

The definition of "public conveyances" contained in E.O. No. 26 aligns with the definition of "public transport" contained in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Not Defined
No
Analysis

The law does not contain a definition of "second hand smoke." However, a definition is not necessary for interpretation of the law as the law prohibits "smoking within enclosed places and public conveyances" rather than prohibiting exposure to second hand smoke.

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Defined
Yes
Analysis

The definition of "smoking" contained in E.O. No. 26 aligns with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Defined
Yes
Analysis

The definition of "public places" contained in E.O. No. 26 aligns with the definition of “public place” provided in the FCTC Art. 8 Guidelines because it includes all places open to the public regardless of ownership or right of access.

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Defined
Yes
Analysis

The definition of "tobacco products" contained in E.O. No. 26 aligns with the definition contained in FCTC Art. 1(f).

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Defined
Yes
Analysis

The definition of "enclosed" contained in E.O. No. 26 does not align with the definition provided in the FCTC Art. 8 Guidelines. The E.O. definition determines a place is enclosed if it is covered by a roof and less than half the potential wall space is open. The FCTC Art. 8 Guidelines definition is much more restrictive, determining a place as enclosed if it has a roof or one wall. As a result fewer places would be considered "enclosed" under the E.O. than under the Art. 8 Guidelines.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should define "enclosed" in accordance with the definition contained in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Philippines
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

In private workplaces, smoking areas may be designated except in places enumerated where smoking is prohibited like gas stations, elevators, food preparation areas, hospitals, health centers, dispensaries, laboratories, schools, playgrounds, centers of youth activity, recreational facilities, and places frequented by minors.

In government workplaces, all indoor workplaces are smoke free. Smoking areas may be designated in outdoor spaces.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and, therefore, does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces be 100% smoke free.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in only specific enumerated public places like gas stations, elevators, food preparation areas, hospitals, health centers, dispensaries, laboratories, schools, playgrounds, centers of youth activity, recreational facilities, and places frequented by minors. Other public places are permitted to establish designated smoking areas.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and public places and, therefore, does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces be 100% smoke free.

Not Applicable
Not Applicable
All public transport
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Smoking is prohibited in all land transportation vehicles and aircraft. However, public watercraft may have a designated smoking area. Smoking is prohibited in public land transport terminals, airports, and ship terminals. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all means of public transportation should be 100% smoke free.

Not Applicable
Not Applicable
Government facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Pursuant to Civil Service Commission Memorandum Circular No. 17, series of 2009, all government workplaces are now smoke free (effective May 29, 2009). The Circular prohibits 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, and others (applies to indoor and outdoor areas of these agencies).

Where government facilities would not be considered to fall under one of these places, smoking is prohibited except in outdoor designated smoking areas that have specific restrictions as to size, location, and number.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor government facilities.

Not Applicable
Not Applicable
Private offices
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in public places except in designated smoking areas (DSAs). Certain types of public places are not permitted to have DSAs, including educational facilities and other facilities for youth, healthcare facilities, locations where a fire hazard is present, and food preparation areas. Therefore, private offices in these types of premises must be smoke free.

Other types of premises may have a DSA, which in theory could be a private office. However, a DSA must meet location and design specifications set out in Section 4 of E.O. No. 26 including: 1) no building may have more than one DSA, 2) the ventilation system must be separate from the ventilation system for the rest of the building, and 3) there must be a smoke free buffer zone between the DSA and the smoke free area. These standards likely could not be met for a private office; and if a business chose to make a private office a DSA it could have no other DSA in any other area of the business. Therefore, these provisions effectively prohibit smoking in private offices.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in private offices.

Not Applicable
Not Applicable
Hospitals
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in public places except in designated smoking areas. However, certain types of public places are not permitted to have designated smoking areas, including "buildings and premises of public and private hospitals, medical, dental, and optical clinics, health centers, nursing homes, dispensaries and laboratories." Therefore, smoking is prohibited in hospitals.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in hospitals.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in public places except in designated smoking areas. However, certain types of public places are not permitted to have designated smoking areas, including "buildings and premises of public and private hospitals, medical, dental, and optical clinics, health centers, nursing homes, dispensaries and laboratories." Therefore, smoking is prohibited in public areas of residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of residential healthcare facilities.

Not Applicable
Not Applicable
Non-residential healthcare facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in public places except in designated smoking areas. However, certain types of public places are not permitted to have designated smoking areas, including "buildings and premises of public and private hospitals, medical, dental, and optical clinics, health centers, nursing homes, dispensaries and laboratories." Therefore, smoking is prohibited in non-residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in non-residential healthcare facilities.

Not Applicable
Not Applicable
Childcare facilities/preschools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in public places except in designated smoking areas. However, certain types of public places are not permitted to have designated smoking areas, including "playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels and recreational facilities for minors." "Playschools" are interpreted as including childcare facilities and preschools. Therefore, smoking is prohibited in childcare facilities and preschools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in childcare facilities and preschools.

Not Applicable
Not Applicable
Primary and secondary schools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in public places except in designated smoking areas. However, certain types of public places are not permitted to have designated smoking areas, including "playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels and recreational facilities for minors." Therefore, smoking is prohibited in primary and secondary schools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in public places except in designated smoking areas. However, certain types of public places are not permitted to have designated smoking areas, including "playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels and recreational facilities for minors." Therefore, smoking is prohibited in universities and vocational facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in universities and vocational facilities.

Not Applicable
Not Applicable
Shops
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in public places except in designated smoking areas (DSAs). Certain types of public places are not permitted to have DSAs; however, shops are not among those places. Therefore, DSAs are allowed. A DSA must meet location and design specifications set out in Section 4 of E.O. No. 26.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments and, therefore, does not provide effective or universal protection against tobacco smoke exposure in stores. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor public places and workplaces be 100% smoke free, including shops.

Not Applicable
Not Applicable
Cultural facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in public places except in designated smoking areas (DSAs). Certain types of public places are not permitted to have DSAs; however, cultural facilities are not among those places. Therefore, DSAs are allowed. A DSA must meet location and design specifications set out in Section 4 of E.O. No. 26.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments and, therefore, does not provide effective or universal protection against tobacco smoke exposure in stores. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor public places and workplaces be 100% smoke free, including cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in public places except in designated smoking areas (DSAs). Certain types of public places are not permitted to have DSAs; however, indoor stadiums and arenas are not among those places. Therefore, DSAs are allowed. A DSA must meet location and design specifications set out in Section 4 of E.O. No. 26.

Recreational facilities for minors, however, must be 100% smoke free.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments and, therefore, does not provide effective or universal protection against tobacco smoke exposure in stores. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor public places and workplaces be 100% smoke free, including indoor stadiums and arenas.

Not Applicable
Not Applicable
Restaurants
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in public places except in designated smoking areas (DSAs). However, certain types of public places are not permitted to have DSAs, including "food preparation areas." Therefore, food preparation areas of restaurants must be smoke free, but other areas of a restaurant may have a DSA. A DSA must meet location and design specifications set out in Section 4 of E.O. No. 26.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments and, therefore, does not provide effective or universal protection against tobacco smoke exposure in stores. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor public places and workplaces be 100% smoke free, including restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in public places except in designated smoking areas (DSAs). However, certain types of public places are not permitted to have DSAs, including "food preparation areas." Therefore, food preparation areas of a bar, pub, or nightclub must be smoke free, but other areas of a bar, pub, or nightclub may have a DSA. A DSA must meet location and design specifications set out in Section 4 of E.O. No. 26.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments and therefore does not provide effective or universal protection against tobacco smoke exposure in stores. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor public places and workplaces be 100% smoke free, including bars, pubs, and nightclubs.

Not Applicable
Not Applicable
Casinos
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in public places except in designated smoking areas (DSAs). However, certain types of public places are not permitted to have DSAs, including "food preparation areas." Therefore, food preparation areas of a casino must be smoke free, but other areas of a casino may have a DSA. A DSA must meet location and design specifications set out in Section 4 of E.O. No. 26.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments and therefore does not provide effective or universal protection against tobacco smoke exposure in stores. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor public places and workplaces be 100% smoke free, including casinos.

Not Applicable
Not Applicable
Hotels/lodging - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in public places except in designated smoking areas (DSAs). Certain types of public places are not permitted to have DSAs; however, hotels and other lodging are not among those places. Therefore, DSAs are allowed in public areas of hotels and lodging. A DSA must meet location and design specifications set out in Section 4 of E.O. No. 26.

Youth hostels, however, must be 100% smoke free.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments and therefore does not provide effective or universal protection against tobacco smoke exposure in stores. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor public places and workplaces be 100% smoke free, including public areas of hotels.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in public places except in designated smoking areas (DSAs). While certain types of public places are not permitted to have DSAs, hotels and other lodging are not among those places. Therefore, a hotel may have a DSA. However, a DSA must meet location and design specifications set out in Section 4 of E.O. No. 26 including: 1) no building may have more than one DSA, 2) the ventilation system must be separate from the ventilation system for the rest of the building, and 3) there must be a smoke free buffer zone between the DSA and the smoke free area. These standards likely could not be met for a guest room; and if a hotel chose to make a guest room a DSA it could have no other DSA in any other area of the hotel. Therefore, these provisions effectively prohibit smoking in guest rooms of hotels.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in hotel guest rooms.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Pursuant to Civil Service Commission Memorandum Circular No. 17, series of 2009, all government workplaces are smoke free. The Circular prohibits 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, and others (applies to indoor and outdoor areas of these agencies). Other types of government facilities are allowed to have an outdoor smoking area. Prisons are considered to be government facilities covered by the CSC Memorandum Circular.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor government facilities such as prisons.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in all public utility land vehicles. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to land transportation.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in all public utility vehicles including taxis. The law aligns FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis by requiring that all means of public land transport are 100% smoke free.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

E.O. No. 26 prohibits smoking in public places and public conveyances except in designated smoking areas (DSAs). While certain types of places are not permitted to have DSAs, public conveyances are not among those places listed. Moreover, a DSA must meet location and design specifications set out in Section 4 of E.O. No. 26 including: 1) no conveyance may have more than one DSA, 2) the ventilation system for the DSA must be separate from the ventilation system for the rest of the conveyance, and 3) there must be a smoke free buffer zone between the DSA and the smoke free area. These standards could not be met on a commercial aircraft. Therefore, these provisions effectively prohibit smoking in commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

E.O. No. 26 prohibits smoking in public places and public conveyances except in designated smoking areas (DSAs). While certain types of places are not permitted to have DSAs, public conveyances are not among those places listed. Therefore, commercial watercraft may have a DSA. In addition, the Inter-Agency Committee Tobacco Implementing Rules specifically allow designated smoking areas in inter-island vessels, provided it meets DSA requirements. DSA location and design specifications, set out in Section 4 of E.O. No. 26, include: 1) no conveyance may have more than one DSA, 2) the ventilation system for the DSA must be separate from the ventilation system for the rest of the conveyance, and 3) there must be a smoke free buffer zone between the DSA and the smoke free area.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable laws should consistently prohibit smoking on all means of public transportation, including watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in all public land transportation terminals, airports, and ship terminals. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public transport facilities.

Not Applicable
Not Applicable
Philippines
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Yes
Yes
Not Applicable
Not Applicable
Philippines
Post signs
Yes
Yes
Analysis

E.O. No. 26 of 2017 imposes a duty upon persons in charge of public places and conveyances to post no-smoking signs. The E.O. sets out requirements for the placement, size, content, and format of the sign. On first offense, a fine between Php 500.00 and Php 1,000.00 shall be imposed. On second offense, a fine between Php 1,000.00 and Php 5,000.00 shall be imposed. On third offense, in addition to a fine between Php 5,000.00 and Php 10,000.00, the business licenses or permits and the licenses to operate shall be cancelled or revoked.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a duty upon the person in charge of the premises to post clear signs at entrances and other appropriate locations indicating that smoking is not permitted and imposes higher penalties for repeat violations. However, to more fully align, the drafters of the law should consider imposing higher penalties on business than individual smokers, as businesses generally have greater resources.

Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis

E.O No. 26 of 2017 imposes a duty upon persons in charge of public places and conveyances to remove ashtrays and other receptacles for disposing of cigarette refuse. On first offense, a fine between Php 500.00 and Php 1,000.00 shall be imposed. On second offense, a fine between Php 1,000.00 and Php 5,000.00 shall be imposed. On third offense, in addition to a fine between Php 5,000.00 and Php 10,000.00, the business licenses or permits and the licenses to operate shall be cancelled or revoked.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a duty upon the person in charge of the premises and conveyances to remove ashtrays and imposes higher penalties for repeat violations. However, to more fully align, the drafters of the law should consider imposing higher penalties on business than individual smokers, as businesses generally have greater resources.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Yes
Yes
Analysis

E.O. No. 26 of 2016 imposes a duty upon a person in charge of a public place or conveyance to take steps to require a person to stop smoking, including warning and requesting to stop, asking the person to leave the premises if s/he continues to smoke, and reporting the incident if s/he continues to refuse to comply.

On first offense, a fine between Php 500.00 and Php 1,000.00 shall be imposed. On second offense, a fine between Php 1,000.00 and Php 5,000.00 shall be imposed. On third offense, in addition to a fine between Php 5,000.00 and Php 10,000.00, the business licenses or permits and the licenses to operate shall be cancelled or revoked.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a duty upon the person in charge to take steps to stop a person from smoking in a smoke free area and imposes higher penalties for repeat violations. However, to more fully align, the drafters of the law should consider imposing higher penalties on business than individual smokers, as businesses generally have greater resources.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

The law imposes a duty upon a smoker not to smoke where prohibited. On first offense, a fine between Php 500.00 and Php 1,000.00 shall be imposed. On second offense, a fine between Php 1,000.00 and Php 5,000.00 shall be imposed. On third offense, a fine between Php 5,000.00 and Php 10,000.00 shall be imposed.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a duty upon a smoker not to smoke where prohibited. However, to more fully align, the drafters of the law should consider imposing higher penalties on business than individual smokers, as businesses generally have greater resources.

Not Applicable
Not Applicable
Other
No
No
Not Applicable
Not Applicable
Philippines
Are sub-national jurisdictions permitted to have smoke-free laws?
Yes
Yes
Not Applicable
Not Applicable