LANGUAGE

Omnibus Elections Code of the Philippines, Batas Pambansa Blg. 881

COMMENTS: The Omnibus Elections Code of the Philippines prohibits cigarettes from being used as election propaganda. See Section 85(c). The law available here is in English only.

Administrative Code of 1987 (instituted by Executive Order No. 292)

COMMENTS: The Administrative Code provides for a general mandate of various agencies to include the safety of workers. The executive order promulgating the Code was issued on July 25, 1987. The Code became effective one year after publication in the Official Gazette. The law available here is in English only.

The Consumer Act of the Philippines Republic Act No. 7394

COMMENTS: The Consumer Act of the Philippines (Rep. Act No. 7394) includes a general prohibition against false, deceptive, and misleading advertising. The act was approved on April 13, 1992, effective 30 days after publication in the Official Gazette. The law available here is in English only.

Tax Reform Act of 1997 (Republic Act No. 8424) Amending the National Internal Revenue Code

COMMENTS: The Tax Reform Act of 1997 (Rep. Act No. 8424) requires all cigarettes and cigars subject to excise taxes to bear internal revenue stamps. See Section 8(A). Excise taxes on tobacco products are detailed in Chapter IV. The law also includes other provisions relevant to tobacco manufacturers and dealers. The law available here is in English only.

Implementing Rules and Regulations of Republic Act No. 8792 (The Electronic Commerce Act)

COMMENTS: Implementing Rules and Regulations of Republic Act No. 8792 (The Electronic Commerce Act) provides for restrictions on internet sales of tobacco products, among other things. The Implementing Rules and Regulations were signed on July 13, 2000, and became effective fifteen days after publication in a newspaper of general circulation. The rules and regulations available here are in English only.

Inter-Agency Committee-Tobacco Implementing Rules and Regulations of Republic Act No. 9211

COMMENTS: The Inter-Agency Committee-Tobacco's Implementing Rules and Regulations apply to Rep. Act No. 9211. As with that act, these implementing regulations cover a broad range of tobacco control issues, including, but not limited to, providing definitions, elaborating upon standards for designated smoking areas, and detailing restrictions on advertising. These regulations were promulgated on February 26, 2004, effective 15 days upon its publication. The regulations available here are in English only.

Tobacco Regulation Act of 2003 - An Act Regulating the Packaging, Use, Sale, Distribution, and Advertisements of Tobacco Products and for Other Purposes, Republic Act No. 9211

COMMENTS: Republic Act No. 9211, also known as the Tobacco Regulation Act of 2003, is an omnibus law covering a broad range of tobacco control issues. For example, Rep. Act No. 9211 places restrictions on advertising, prohibits smoking in many public places, and establishes requirements for warning labels. The act was approved on June 23, 2003, effective 15 days upon its publication. The law available here is in English only.

Inter-Agency Committee-Tobacco Memorandum Circular No. 1, s. of 2008

COMMENTS: The Inter-Agency Committee-Tobacco Memorandum Circular No. 1, s. of 2008 issues the monitoring and enforcement guidelines of the Republic Act No. 9211, also known as the Tobacco Regulation Act of 2003, and its implementing rules and regulations. The circular available here is in English only.

Civil Service Commission Memorandum Circular No. 17 on Smoking Prohibition based on 100% Smoke Free Environment Policy

COMMENTS: The Civil Service Commission's Memorandum Circular No. 17 establishes a 100% smoke free policy in all areas of government premises, buildings, and grounds, except for open spaces designated as smoking areas. The memorandum available here is in English only.

Department of Transportation and Communications, Land Transportation Franchising and Regulatory Board, Memorandum Circular No. 2009-036 on 100% Smoke Free Public Utility Vehicles (PUVs) and Public Land Transportation Terminals

COMMENTS: The Department of Transportation and Communications, Land Transportation and Regulatory Board's Memorandum Circular No. 2009-036 establishes a 100% smoke free policy in public utility vehicles and land transportation terminals. Public transport includes jeepneys, taxis, and buses. The memo also sets forth duties, responsibilities, and penalties for noncompliance. The memorandum available here is in English only.

Department of Health Memorandum No. 2010-0126 on Protection of the Department of Health, including all of its Agencies, Regional Offices, Bureaus or Specialized/Attached Offices/Units, against Tobacco Industry Interference

COMMENTS: The Department Memorandum No. 2010-0126 is aimed at protecting the department and all attached agencies against tobacco industry interference. The memorandum available here is in English only.

Administrative Order No. 2010-0013 Requiring Graphic Health Information on Tobacco Product Packages, Adopting Measures to Ensure that Tobacco Product Packaging and Labelling Do Not Promote Tobacco by Any Means That Are False, Misleading, Deceptive or Likely to Create an Erroneous Impression, and Matters Related Thereto

COMMENTS: Administrative Order No. 2010-0013 requires graphic health information to be displayed on tobacco packaging and prohibits the use of misleading information that directly or indirectly create or are likely to create the false impression that a tobacco product or brand is less harmful than any other tobacco product or brand. However, before the Administrative Order took effect, tobacco companies filed various lawsuits in several cities to challenge the validity of the Administrative Order. As of December 2014, the Administrative Order has not been implemented.

Department of Science and Technology Memorandum

COMMENTS: The Department of Science and Technology Memorandum recognizes that CSR activities are a form of tobacco advertising prohibited under Section 22 of RA 9211 and that the receipt of donations from, partnership with, or the creation of perception of such partnerships with the tobacco industry goes against the Philippines’ commitment to the WHO FCTC.

Department of Labor and Employment Memorandum on the Civil Service Issuances on Smoking Prohibition (Circular No. 17-2009) and the Protection of the Bureaucracy Against Tobacco Industry Interference (CSC-DOH Joint Memorandum Circular 2010-01)

COMMENTS: The Department of Labor and Employment Memorandum adopts the Civil Service Issuances on Smoking Prohibition (Circular No. 17-2009) and the Protection of the Bureaucracy Against Tobacco Industry Interference (CSC-DOH Joint Memorandum Circular 2010-01).

Joint Memorandum Circular No. 2010-01 on Protection of the Bureaucracy Against Tobacco Industry Interference

COMMENTS: Joint Memorandum Circular No. 2010-01 prohibits various interactions between public employees/officials and the tobacco industry. Examples of prohibited activities include soliciting or accepting gifts and giving preferential treatment to the industry. The memorandum was signed in June of 2010, effective 15 days after publication in a newspaper of general circulation. The memorandum available here is in English only.

Department of Health Circular No. 2011-0101 on Rules and Regulations Implementing Republic Act No. 9711- The Food and Drug Administration Act of 2009

COMMENTS: Department of Health Circular No. 2011-0101 contains the Rules and Regulations Implementing Republic Act No. 9711- The Food and Drug Administration Act of 2009. The rules limit interactions between the FDA and the tobacco industry to only those strictly necessary to effectively regulate tobacco and tobacco products.

Department of Education Order No. 6, s. 2012 - Guidelines on the Adoption and Implementation of Public Health Policies on Tobacco Control and Protection Against Tobacco Industry Interference

COMMENTS: The Department of Education Order No. 6, s. 2012 establishes the Guidelines on the Adoption and Implementation of Public Health Policies on Tobacco Control and Protection Against Tobacco Industry Interference. The order available here is in English only.

Bureau of Internal Revenue, Revenue Memorandum No. 16-2012

COMMENTS: Revenue Memorandum No. 16-2012, issued by the Bureau of Internal Revenue (Department of Finance) establishes a "No Smoking" Policy within the Bureau's public offices and establishes restrictions on interactions with the tobacco industry.

Sin Tax Reform Act, Republic Act No. 10351

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

Department of Foreign Affairs Memorandum on CSC-DOH Joint Memorandum Circular No. 2010-01

COMMENTS: The Department of Foreign Affairs memorandum, which applies to all foreign service posts, adopts the Protection of the Bureaucracy Against Tobacco Industry Interference (CSC-DOH Joint Memorandum Circular 2010-01).

Administrative Order No. 2014-0008 on Rules and Regulations on Electronic Nicotine Delivery System (ENDS) or Electronic Cigarettes

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

Graphic Health Warnings Law, Republic Act No. 10643

COMMENTS: The Graphic Health Warnings Law, Republic Act No. 10643 requires graphic health warnings on 50% of each of the principal display areas of tobacco product packaging.

Department of Health Administrative Order No. 2014-0037, Templates and Guidelines on the Use of Templates of Graphic Health Warnings Pursuant to Republic Act No. 10643

COMMENTS: Department of Health Administrative Order No. 2014-0037 establishes the templates of the 12 graphic health warnings to appear on tobacco product packaging and sets forth guidelines for their use. The templates in the annex have since been amended.

Department of Health Administrative Order No. 2014-0037-A, Amendment to Administrative Order No. 2014-0037 on Templates and Guidelines on the Use of Templates of Graphic Health Warnings Pursuant to Republic Act No. 10643

COMMENTS: Department of Health Administrative Order No. 2014-0037-A contains an amended Annex A to Administrative Order No. 2014-0037. The annex contains templates for the graphic health warnings and side panels to appear on tobacco product packaging.

Implementing Rules and Regulations of Republic Act No. 10643

COMMENTS: The Implementing Rules and Regulations of Republic Act No. 10643 provide requirements for use in implementing the provisions of the Graphic Health Warnings Law, Republic Act No. 10643.

Executive Order No. 26 Providing for the Establishment of Smoke-Free Environments and Enclosed Places

COMMENTS: Executive Order No. 26 of 2017 regulates designated smoking areas (DSAs), imposes duties on persons in charge of public places, prohibits advertising outside point of sale retail establishments, and addresses some other sales and advertising restrictions.

To the best of our knowledge, all laws provided here are in effect as of September 26th 2017, unless otherwise noted.