Last updated: May 23, 2022
Duties / Penalties
Post signs
E.O. No. 26 of 2017 (as amended by E.O. No. 106) imposes a duty upon persons in charge of public places and conveyances to post no-smoking/no-vaping 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.
Remove ashtrays
E.O No. 26 of 2017 (as amended by E.O. No. 106) imposes a duty upon persons in charge of public places and conveyances to remove ashtrays and other receptacles for disposing of cigarette/e-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.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
E.O. No. 26 of 2016 (as amended by E.O. No. 106) 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 to smoke where prohibited
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.
