Computer Arts and Technological College Incorporated

College of Criminal Justice Education

LAWS GOVERNING ALCOHOLISM, PROSTITUTION, GAMBLING AND SMOKING IN THE PHILIPPINES

Submitted by: Ralf Michael Blanco
Submitted to: Princess Catherine Bitancur RCrim

LAWS GOVERNING ALCOHOLISM IN THE PHILIPPINES

A) REPUBLIC ACT NO. 4136
An act to compile the laws relative to land transportation and traffic rules, to create a land transportation commission and for other purposes
Chapter i
Preliminary provisions
Section 1. Title of act. – this act shall be known as the “land transportation and traffic code.”
Section 2. Scope of act. – the provisions of this act shall control, as far as they apply, the registration and operation of motor vehicles and the licensing of owners, dealers,
conductors, drivers, and similar matters.
Article ii
Section 3. Words and phrases defined. – as used in this act:
“motor vehicle” shall mean any vehicle propelled by any power other than muscular power using the public highways, but excepting road rollers, trolley cars, street-sweepers,
sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not used on public highways, vehicles which run only on rails or tracks, and tractors, trailers
and traction engines of all kinds used exclusively for agricultural purposes.
Trailers having any number of wheels, when propelled or intended to be propelled by attachment to a motor vehicle, shall be classified as separate motor vehicle with no power
rating.
“passenger automobiles” shall mean all pneumatic-tire vehicles of types similar to those usually known under the following terms: touring car, command car, speedster, sports car,
roadster, jeep, cycle, car (except motor wheel and similar small outfits which are classified with motorcycles), coupe, landaulet, closed car, limousine, cabriolet, and sedan.
Motor vehicles with changed or rebuilt bodies, such as jeepneys, jitneys, or station wagons, using a chassis of the usual pneumatic-tire passenger automobile type, shall also be
classified as passenger automobile, if their net allowable carrying capacity, as determined by the commissioner of land transportation, does not exceed nine passengers and if they
are not used primarily for carrying freight or merchandise.
The distinction between “passenger truck” and “passenger automobile” shall be that of common usage: provided, that a motor vehicle registered for more than nine passengers
shall be classified as “truck”: and provided, further, that a “truck with seating compartments at the back not used for hire shall be registered under special “s” classifications. In case
of dispute, the commissioner of land transportation shall determine the classification to which any special type of motor vehicle belongs.
© “articulated vehicle” shall mean any motor vehicle with a trailer having no front axle and so attached that part of the trailer rests upon motor vehicle and a substantial part of the
weight of the trailer and of its load is borne by the motor vehicle. Such a trailer shall be called as “semi-trailer.”
“driver” shall mean every and any licensed operator of a motor vehicle.
€ “professional driver” shall mean every and any driver hired or paid for driving or operating a motor vehicle, whether for private use or for hire to the public.
Any person driving his own motor vehicle for hire is a professional driver.
(f) “owner” shall mean the actual legal owner of a motor vehicle, in whose name such vehicle is duly registered with the land transportation commission.
The “owner” of a government-owned motor vehicle is the head of the office or the chief of the bureau to which the said motor vehicle belongs.
(g) “dealer” shall mean every person, association, partnership, or corporation making, manufacturing, constructing, assembling, remodeling, rebuilding, or setting up motor vehicles;
and every such entity acting as agent for the sale of one or more makes, styles, or kinds of motor vehicles, dealing in motor vehicles, keeping the same in stock or selling same or
handling with a view to trading same.
(h) “garage” shall mean any building in which two or more motor vehicles, either with or without drivers, are kept ready for hire to the public, but shall not include street stands,
public service stations, or other public places designated by proper authority as parking spaces for motor vehicles for hire while awaiting or soliciting business.
“gross weight” shall mean the measured weight of a motor vehicle plus the maximum allowable carrying capacity in merchandise, freight and/or passenger, as determined by the
commissioner of land transportation.
(j) “highways” shall mean every public thoroughfare, public boulevard, driveway, avenue, park, alley and callejon, but shall not include roadway upon grounds owned by private
persons, colleges, universities, or other similar institutions.
(k) “the commissioner of land transportation or his deputies” shall mean the actual or acting chief of the land transportation commission or such representatives, deputies, or
assistants as he may, with the approval of the secretary of public works and communications, appoint or designate in writing for the purpose contemplated by this act.
(l) “parking or parked”, for the purposes of this act, shall mean that a motor vehicle is “parked” or “parking” if it has been brought to a stop on the shoulder or proper edge of a
highway, and remains inactive in that place or close thereto for an appreciable period of time. A motor vehicle which properly stops merely to discharge a passenger or to take in a
waiting passenger, or to load or unload a small quantity of freight with reasonable dispatch shall not be considered as “parked”, if the motor vehicle again moves away without delay.
(m) “tourist” shall mean a foreigner who travels from place to place for pleasure or culture.
Article iii
Administration of act
Section 4. Creation of the commission. –
There is created under the department of public works and communications an office which shall be designated and known as the land transportation commission, composed of one
commissioner and one deputy commissioner, who shall be vested with the powers and duties hereafter specified. Whenever the word “commission” is used in this act, it shall be
deemed to mean the land transportation commission, and whenever the word “commissioner” is used in this act, it shall be taken to mean the commissioner or deputy
commissioner.
The commissioner and the deputy commissioner shall be natural-born citizens and residents of the philippines, and they shall be appointed by the president of the philippines, with
the consent of the commission on appointments of the congress of the Philippines: provided, however, that the present administrator, assistant administrator and the personnel of
the motor vehicles office shall continue in office without the necessity of reappointment.
The commissioner and deputy commissioner shall hold office until removed in accordance with the provisions of the revised administrative code.
© the commissioner shall receive an annual compensation of twelve thousand pesos and the deputy commissioner, an annual compensation of ten thousand four hundred pesos.
The commissioner shall be assisted by one head executive assistant (mv regulation adviser or chief), one administrative officer, one registration regulation chief, one inspection,
examination and licensing regulation chief, one law and traffic enforcement regulation chief, one provincial regulation chief, one utility and property regulation chief, one accounting
officer, one internal chief auditor, and one personnel officer, who shall receive an annual compensation of nine thousand pesos each; eight land transportation regional directors who
shall receive an annual compensation of eight thousand four hundred pesos each and eight land transportation assistant regional directors, who shall receive an annual
compensation of seven thousand pesos each and ten assistant regulation chiefs, who shall receive an annual compensation of seven thousand pesos each.
The commission shall have its offices in quezon city where the present motor vehicle office is located, and shall establish a regional branch office each in tuguegarao (cagayan),
baguio city, pasig (rizal), lipa city, san fernando (la union), naga city, cebu city, iloilo city, cagayan de oro city, and davao city, to be headed by a regional director who will have
immediate administration, supervision and control over activities and administration of the commission in the respective regions.
Notation of all such dispositions shall be entered in the records, and copy shall be mailed to the owner and to the driver concerned.
Chapter ii
Registration of motor vehicles
Article i
Duty to register, reports, applications, classifications
Section 5. All motor vehicles and other vehicles must be registered.
No motor vehicle shall be used or operated on or upon any public highway of the philippines unless the same is properly registered for the current year in accordance with the
provisions of this act.
Any registration of motor vehicles not renewed on or before the date fixed for different classifications, as provided hereunder shall become delinquent and invalid:
For hire motor vehicles – on or before the last working day of february.
Privately-owned motor vehicles – from march one to the last working day of may.
All other motor vehicles – from june one to the last working day of june; except when the plates of such motor vehicles are returned to the commission in quezon city or to the office
of the motor vehicles registrar in the provincial or city agency of the commission on or before the last working day of december of the year of issue.
© dealer’s reports – the commissioner of land transportation shall require dealers to furnish him with such information and reports concerning the sale, importation, manufacture,
number of stocks, transfer or other transactions affecting motor vehicles as may be necessary for the effective enforcement of the provisions of this act.
Change of motor number prohibited. – no repair or change in the motor vehicle involving the exchange, elimination, effacing, or replacing of the original or registered serial or motor
number as stamped or imprinted, shall be allowed, and any motor vehicle with a trace of having its motor number altered or tampered with shall be refused registration or re-
registration, unless such is satisfactorily explained and approved by the commissioner.
€ encumbrances of motor vehicles. – mortgages, attachments, and other encumbrances of motor vehicles, in order to be valid, must be recorded in the land transportation
commission and must be properly recorded on the face of all outstanding copies of the certificates of registration of the vehicle concerned.
Cancellation or foreclosure of such mortgages, attachments, and other encumbrances shall likewise be recorded, and in the absence of such cancellation, no certificate of
registration shall be issued without the corresponding notation of mortgage, attachment and/or other encumbrances.
Records of encumbrances of motor vehicles shall be kept by the land transportation commission in chronological sequence and shall contain, among other things, the time, date
and number of the entry in a “book of motor vehicles” referring to the creation, cancellation or foreclosure of the aforesaid mortgages, attachments or to other encumbrances.
The land transportation commission shall collect a fee of five pesos for every annotation of a mortgage, attachment and/or other encumbrances, or cancellation thereof.
Section 6. Application and payments for registration. – applications and payments for registration shall be made either personally or by registered mail, and the date of the
cancellation of the postage stamps of envelopes containing money order or check shall be taken as the date of the application and/or payment for registration: provided, that the
application is properly prepared and the payment for registration is sufficient as required by law.
Section 7. Registration classification. – every motor vehicle shall be registered under one of the following described classifications:
Private passenger automobiles; (b) private trucks; and (c) private motorcycles, scooters, or motor wheel attachments. Motor vehicles registered under these classifications shall not
be used for hire under any circumstances and shall not be used to solicit, accept, or be used to transport passengers or freight for pay.
Laborers necessary to handle freight on board private trucks may ride on such trucks: provided, that seats shall not be installed in the rear compartment thereof and that only such
number of laborers, not exceeding ten, as may be needed to handle the kind of freight carried, shall ride on the truck: provided, further, that the combined weight of cargo and
passengers does not exceed the registered net capacity of the truck.
For the purpose of this section, a vehicle habitually used to carry freight not belonging to the registered owner thereof, or passengers not related by consanguinity or affinity within
the fourth civil degree to such owner, shall be conclusively presumed to be “for hire.”
No person shall be allowed to register as private truck any truck not actually and reasonably necessary to carry out his duly licensed business or legitimate occupation or industry
regularly paying taxes.
Public utility automobiles; e) public utility trucks; (f) taxis and auto-calesas; (g) garage automobiles; (h) garage trucks; (i) hire trucks: and (j) trucks owned by contractors and
customs brokers and customs agents. Application for registration under these classifications shall be accompanied by a certificate of public convenience or a special permit issued
by the public service commission, and motor vehicles registered under these classifications shall be subject to the public service law, rules and regulations, as well as the provisions
of this act.
(k) undertakes
(l) dealers – registrations under this classification are intended to cover generally and successively all the motor vehicles imported or handled by dealers for sale. Motor vehicles
registered under the dealer’s classification shall, under no circumstances, be employed to carry passengers or freight in the dealer’s business, or for hire. Such vehicles shall be
operated under this classification only for the purpose of transporting the vehicle itself from the pier or factory to the warehouse or sales room or for delivery to a prospective
purchaser or for test or demonstration.
(m) government automobiles; (n) government trucks; and (o) government motorcycles. Motor vehicles owned by the government of the philippines or any of its political subdivisions
shall be registered under these classifications. Motor vehicles owned by government corporations, by government employees or by foreign governments shall not be registered
under this classification.
(p) tourists bringing their own motor vehicles to the philippines may, without registering such motor vehicles, use the same during but not after ninety days of their sojourn: provided,
that the motor vehicle displays the number plates for the current year of some other country or state, and said number plates as well as the name and address (permanent and
temporary) of the owner thereof are registered in the land transportation commission prior to the operation of the motor vehicle.
If such tourist remain in the philippines longer than ninety days, the motor vehicle shall not be operated unless registered in accordance with this act and the corresponding
registration fees paid.
(q) special. The commissioner of land transportation may, in his discretion, allow the registration under this classification of motor vehicles which do not conform to the foregoing
described regular classification.
Article ii
Registration fees
Section 8. Schedule of registration fees. – except as otherwise specifically provided in this act, each application for renewal of registration of motor vehicles shall be accompanied
by an annual registration fee in accordance with the following schedule:
Private automobiles with pneumatic rubber tires, an amount based on their respective shipping weight or factory weight as indicated in the following schedule:
1,000 kilos or less p75.00
1,000 to 1,500 kilos 100.00
1,501 to 2,000 kilos 135.00
2,001 kilos and above 180.00
The factory or shipping weight of a private automobile shall be obtained from the red book edited by the national market report, inc., of the united states of america: provided,
further, that in the case of automobiles with altered, changed or rebuilt bodies, the weight as obtained: by actual weighing shall be considered the vehicles weight: provided,
furthermore, that the increase registration fees herein prescribed shall not apply to jeeps and jeepneys for private use or for hire and the fees hereof shall be those prescribed for
them before the approval of this act.
The registered passenger capacity of passenger automobiles operated for hire or for private use shall be determined as follows:
For each adult passenger, a horizontal rectangular area, including seat and feet space, not less than thirty-five centimeters wide and sixty centimeters long, except in the front seat,
which shall allow an area fifty centimeters wide for the operator.
For each half passenger, a horizontal rectangular area, including seat and feet spaces, not less that seventeen and a half centimeters wide by sixty centimeters long, provided, that
each continuous row of seats shall not be allowed to have more that one-half passenger.
Private motor trucks, passenger buses and trailers with pneumatic rubber tires, the sum of five pesos for every hundred kilograms of maximum allowable gross weight or fraction
thereof.
© private motor trucks, passenger buses and trailers with solid rubber tires or with part-solid and part-pneumatic rubber tires, the sum of seven pesos for every hundred kilograms of
maximum allowable gross weight or fraction thereof.
Private motorcycles and scooters of two or three wheels and bicycles with motor attachments, the sum of thirty pesos.
€ the fee for registration of motor vehicles for hire shall be sixty percent more than the fee prescribed for private motor vehicles of the same category.
The fee for registration of diesel-consuming vehicles shall be fifty percent more than that of vehicles using motor fuel other than diesel oil. The fee for registration of motor vehicles
for hire shall be sixty percent more than the fees prescribed for private motor vehicles.
No regular registration fees shall be charged for the general registration of motor vehicles contemplated under the dealer’s classification: provided, that the commissioner of land
transportation shall provide appropriate dealer’s number plates corresponding to the classification of vehicles hereinbelow described, and registration fee for every set of such
dealer’s number plates shall be in accordance with the following schedule of rates;
Two hundred pesos for each truck or trailer;
One hundred pesos for each passenger automobile; and
Twenty pesos for each motorcycle and the like.
Registration under the “government motor vehicle” classification shall be free of charge, upon request of the chief of bureau or office concerned.
Motor vehicles not intended to be operated or used upon any public highway, or which are operated on highways not constructed or maintained by the government, or are intended
not to be used or operated at all, shall be exempt from payment of the registration fees provided in this act, but shall each pay an annual recording and service fee of fifteen pesos:
provided, however, that no refund, credit for, or reimbursement of registration fees or part thereof shall be made to any owner on account of the discontinuance of the use or
operation of a motor vehicle subsequent to the payment of such registration fees: provided, further, that in the event motor vehicles exempted under this section shall be found
operated on any public highways, the regular registration fees and surcharges shall be collected in addition to whatever penalties may be imposed for violation of this act. The
commissioner of land transportation shall provide distinctive number plates for vehicles exempted from payment of regular registration fees, and the owner of the vehicles
concerned shall pay four pesos for each set of such number plates.
The maximum allowable gross weight of a motor truck, passenger bus, or trailer, upon which to compute the registration fee thereof, shall be determined by the commissioner of
land transportation. He shall, from time to time as the need of the service may require, prepare, subject to the approval of the secretary of public works and communications,
suitable tables of maximum allowable loads per wheel for different sizes kinds of tires.
The registration fees provided in this act for trucks may be payable in two equal installment, the first to be paid on or before the last working day of february if for hire, and in march
if private; and the second to be paid on or before the last working day of august: provided, that the fifty per cent penalty shall apply only to the unpaid balance of the remaining
period of delinquency.
Section 9. Permissible weights and dimensions of vehicles in highways traffic.
The maximum gross weight and measurement of motor vehicles, unladen or with load, permissible on public highways shall be as specified hereunder, subject to such regulations
as the commissioner with the approval of the secretary of public works and communications, may promulgate, from time to time, as the conditions of the public highways may
warrant and the needs of the service may require.
Permissible maximum weights:
1. Per most heavily loaded wheel three thousand six hundred kilograms;
2. Per most heavily loaded axle eight thousand kilograms;
3. Per most heavily loaded axle group (the two axles of the group being at least one meter and less than two meters apart) fourteen thousand five hundred kilograms.
An axle weight shall be the total weight transmitted to the road by all the wheels the centers of which can be included between the parallel transverse vertical planes one meter
apart extending across the full width of the vehicles.
No provincial, city or municipal authority shall enact or enforce any ordinance or resolution regulating or prescribing the maximum gross weight of any motor vehicle.
No motor vehicle operating as a single unit shall exceed the following dimensions:
Overall width two and five-tenths meters, overall height four meters, overall length:freight vehicles with two axles ten meters, passenger vehicles with two axles eleven meters
Vehicles with three or more axles fourteen meters
© no motor vehicle and/or trailer combination shall exceed eighteen meters in overall projected length, including any load carried on such vehicle and trailer.
No articulated vehicles shall be allowed to draw or pull a trailer and no vehicle already drawing a trailer shall draw another.
Section 10. Special permits, fees for. – the commissioner with the approval of the secretary of public works and communications, shall issue regulations and schedules of additional
fees under which special permits may be issued in the discretion of the commissioner or his deputies for each of the following special cases, without which special permit no
vehicles shall be operated on the public highways:
To operate a motor vehicle or trailer outfit with wheel, axle, or axle group loads in excess of the limits fixed in subsection (a) of section nine hereof or in any regulation issued by the
commissioner.
To operate a motor vehicle the size of which exceeds the limit of permissible dimensions specified in paragraph (b) of section nine hereof.
© to operate a motor vehicle with any part of the load extending beyond the projected width of the vehicle.
To pull two trailers behind a motor vehicle.
€ for any other special authority relating to the use of vehicles, not otherwise specifically provided herein.
Section 11. Additional fees. – in addition to the fees elsewhere provided in this act, for each change of registration, from private to for hire or vice-versa; revision of gross weight
rating, change of tire size; transfer of ownership; replacement of a lost registration certificate, number plate, driver’s license or permit; badge; preparation of affidavit or certified copy
of records, or for any similar circumstances requiring the issue, revision, or reissue of a certificate of registration, driver’s license, badge, permit, or other document, a fee of two
pesos shall be collected.
The replacement of a lost or utterly spoiled certificate, number plate, license, badge or permit shall render the original invalid.
In case of request in writing for certification of data or facts involving two or more vehicles, a fee of five pesos a page or part thereof shall be collected for each certification.
Section 12. Fee for original registration for part of year. – if any application for the original registration is made during the first quarter of a calendar year, the total annual fee for the
year shall be paid, if made during the second quarter, three-fourths of the annual fee for that year shall be paid, if made during the third quarter, one half of the annual fee shall be
paid, and if made during the fourth quarter, one-fourth of the annual fee shall be paid.
Nothing in this section shall be construed as allowing quarterly renewals of registrations in order to avoid payment of fees in advance for the entire year.
Section 13. Payment of taxes upon registration. – no original registration of motor vehicles subject to payment of taxes, customs duties or other charges shall be accepted unless
proof of payment of the taxes due thereon has been presented to the commission.
Article iii
Registration certificates, records, number plates
Section 14. Issuance of certificates of registration. – a properly numbered certificate of registration shall be issued for each separate motor vehicle after due inspection and payment
of corresponding registration fees.
Section 15. Use and authority of certificate of registration.
The said certificate shall be preserved and carried in the car by the owner as evidence of the registration of the motor vehicle described therein, and shall be presented with
subsequent applications for re-registration, transfer of ownership, or recording of encumbrances: provided, that in lieu of the certificate of registration a true copy or photostat thereof
may be carried in the motor vehicle.
The certificate of registration issued under the provisions of this act for any motor vehicle shall, while the same is valid and effective and has not been suspended or revoked, be the
authority for the operation of such motor vehicle.
© no motor vehicle shall be operated on the public highways in a manner which would place it under a classification requiring the payment of a larger registration fee than that
stated in the certificate of registration.
Section 16. Suspension of registration certificate. – if on inspection, as provided in paragraph (6) of section four hereof, any motor vehicle is found to be unsightly, unsafe,
overloaded, improperly marked or equipped, or otherwise unfit to be operated, or capable of causing excessive damage to the highways, or not conforming to minimum standards
and specifications, the commissioner may refuse to register the said motor vehicle, or if already registered, may require the number plates thereof to be surrendered to him, and
upon seventy-two hours notice to the owner of the motor vehicle, suspend such registration until the defects of the vehicle are corrected and/or the minimum standards and
specifications fully complied with.
Whenever it shall appear from the records of the commission that during any twelve-month period more than three warnings for violations of this act have been given to the owner of
a motor vehicle, or that the said owner has been convicted by a competent court more than once for violation of such laws, the commissioner may, in his discretion, suspend the
certificate of registration for a period not exceeding ninety days and, thereupon, shall require the immediate surrender of the number plates.
Whenever a motor vehicle is found to be underweight the owner thereof shall pay the difference in the registration fees corresponding to the shortage in weight plus a fifty per cent
surcharge, and until such payment is made, the certificate of registration of the motor vehicle concerned shall be suspended by the commissioner.
After two such suspension, re-registration of the vehicle concerned for one year may be denied.
The commissioner shall notify the owner of the motor vehicle of any action taken by him under this section.
Section 17. Number plates, preparation, preparation and issuance of . –
The commissioner shall cause number plates to be prepared and issued to owners of motor vehicles and trailers registered under this act, charging a fee of four pesos for each pair
including the numerals indicating the year of registry: provided, however, that in case no number plates are available, the commissioner or his deputies may issue, without charge, a
written permit temporarily authorizing the operation of any motor vehicles with other means of identification: provided, further, that all motor vehicles exempted from payment of
registration fees, motor vehicles for hire, and privately-owned motor vehicles shall bear plates so designed and painted with different colors to distinguish one class from another:
provided, furthermore, that the plates of motor vehicles exempted from payment of registration fees shall be permanently assigned to such motor vehicles during their entire lifetime
while exempted from payment of the fees: and, provided, finally, that the owner thereof shall return such plates to the land transportation commission within a period of seven
working days after such owner has lost his exemption privilege or has transferred the vehicle to a non-exempt owner.
In case the design of the number plate is such that the numerals indicating the year of registry are on a detachable tag, the commissioner or his deputies may, in their discretion,
issue the said tag only for subsequent re-registration charging a fee of one peso for each tag issued.
Section 18. Use of number plates. – at all times, every motor vehicle shall display in conspicuous places, one in front and one in the rear thereof, the said number plates.
The number plates shall be kept clean and cared for, and shall be firmly affixed to the motor vehicle in such a manner as will make it entirely visible and always legible.
Except in the case of dealer’s number plates which may be used successively on various motor vehicles in stock, no person shall transfer number plates from motor vehicle to
another.
No dealer’s number plate shall be used on any motor vehicle after said vehicle has been sold and delivered to a purchaser, and no dealer shall allow such dealer’s number plates to
be used on any motor vehicle after its sale and delivery to a purchaser.
Chapter iii
Operation of motor vehicle
Article i
License to drive motor vehicles
Section 19. Duty to procure license. – except as otherwise specifically provided in this act, no person shall operate any motor vehicle without first procuring a license to drive a
motor vehicle for the current year, nor while such license is delinquent, invalid, suspended or revoked.
The license shall be carried by the driver at all times when operating a motor vehicle, and shall be shown and/or surrendered for cause and upon demand to any person with
authority under this act to confiscate the same.
Section 20. License for enlisted men operating government motor vehicles. – enlisted men operating a motor vehicle owned by the government of the philippines shall be licensed in
accordance with the provisions of this act, but no license or delinquency fees shall be collected therefrom. All licenses so issued shall bear the words “for government vehicles only”
plainly marked or stamped in red ink across the face thereof.
A license so marked or stamped shall authorize the holder thereof to operate a private-owned motor vehicle.
Section 21. Operation of motor vehicles by tourists. – bona fide tourist and similar transients who are duly licensed to operate motor vehicles in their respective countries may be
allowed to operate motor vehicles during but not after ninety days of their sojourn in the philippines.
If any accident involving such tourist or transient occurs, which upon investigation by the commissioner or his deputies indicates that the said tourist or transient is incompetent to
operate motor vehicles, the commissioner shall immediately inform the said tourist or transient in writing that he shall no longer be permitted to operate a motor vehicle.
After ninety days, any tourist or transient desiring to operate motor vehicles shall pay fees and obtain and carry a license as hereinafter provided.
Section 22. Driver’s license, fees, examination. – every person who desires personally to operate any motor vehicle shall file an application to the commissioner or his deputies for a
license to drive motor vehicles: provided, however, that no person shall be issued a professional driver’s license who is suffering from highly contagious diseases, such as,
advanced tuberculosis, gonorrhea, syphilis, and the like.
Each such application except in the case of enlisted men operating government-owned vehicles, shall be accompanied by a fee of five pesos, and shall contain such information
respecting the applicant and his ability to operate motor vehicles, as may be required by the commission.
The commissioner or his deputies shall also ascertain that the applicant’s sight and hearing are normal, and may in their discretion, require a certificate to that effect, signed by a
reputable physician.
An examination or demonstration to show any applicant’s ability to operate motor vehicles may also be required in the discretion of the commissioner or his deputies.
Section 23. Issuance of driver’s license. – if, after such examination, the commissioner or his deputy believes that the applicant possesses the necessary qualifications and is
proficient in the operation of motor vehicles, a license shall be issued to such applicant upon payment of five pesos, but prior to the issuance of said license, the applicant shall
furnish three copies of his recent photograph to be securely attached to the license, and two copies to be filed and kept as provided by this act. All driver’s licenses shall bear the
signature and right-hand thumb print of the licensee.
Section 24. Use of driver’s license and badge. – every license issued under the provisions of this act to any driver shall entitle the holder thereof, while the same is valid and
effective and not suspended or revoked, to operate the motor vehicles described in such license: provided, however, that every licensed professional driver, before operating a
public service motor vehicle registered under classifications (d) to (j) inclusive of section seven hereof, shall secure from the commissioner, upon payment of the sum of one peso, a
driver’s badge which he shall, at all times while so operating a motor vehicle, display in plain sight on the band of his cap or on his coat or shirt. Such driver’s badge shall be of
metal with a plainly readable number assigned to the licensee stamped thereon.
It shall be unlawful for any duly licensed driver to transfer, lend or otherwise allow any person to use his license for the purpose of enabling such person to operate a motor vehicle.
No owner of a motor vehicle shall engage, employ, or hire any person to operate such motor vehicle, unless the person sought to be employed is a duly licensed professional driver.
Section 25. Driver’s records. – any driver who changes his address shall, within fifteen days, notify the commissioner in writing of his new address, name and address of his new
employer, the number of the motor vehicle he is employed to operate, and such other information as the commissioner may require.
Section 26. Renewal of license. – any license not renewed on or before the last working day of the month when the applicant was born shall become delinquent and invalid, except
when the license is surrendered to the commissioner or his deputies before the last working day of the month of his birth in order to avoid payment of the delinquency fees.
The fee for renewal of delinquent license shall be five pesos in addition to the basic fee as hereinabove prescribed.
Every applicant for renewal of license to operate any motor vehicle shall present to the commissioner, in person or by mail or messenger, the license issued to the applicant for the
previous year, together with the proper fee of five pesos and, in the case of professional chauffeurs, three copies of a readily-recognized photograph of the applicant, which
photograph shall have been taken not exceeding three years prior to the date of applicant for renewal.
Lost license. – in case the license for the previous year has been lost or cannot be produced, the applicant shall obtain a duplicate in accord with section eleven of this act, on
penalty of refusal, by the commissioner or his deputies, to renew the license: provided, however, that the commissioner or his deputies may, in their discretion accept in lieu of the
previous years license, the duly signed and sworn statement of an operator to the effect that he has not operated any motor vehicle in the philippines during the year or years to
which no license was issued in his name.
The commissioner and his deputies are hereby authorized to administer the oath in connection with such affidavit.
Section 27. Suspension, revocation of driver’s license.
The commissioner may suspend for a period not exceeding three months or, after hearing, revoke any driver’s license issued under the provisions of this act, and may order any
such license to be delivered to him whenever he has reason to believe that the holder thereof is an improper person to operate motor vehicles, or in operating or using a motor
vehicle in, or as an accessory to, the commission of any crime or act which endangers the public. Any deputy of the commissioner may, for the same cause, suspend for a period
not exceeding three months any driver’s license issued under the provisions of this act: provided, that such suspension may be appealed to the commissioner who may, after
reviewing the case, confirm, reverse or modify the action taken by such deputy.
Whenever during any twelve-month period a driver shall have been convicted at least three times for the violations of any provisions of this act or of any regulation issued by the
commissioner or any municipal or city ordinance relating to motor vehicle traffic not in conflict with any of the provisions of this act, the commissioner may, in his discretion, revoke
or suspend the license of such driver for a period not exceeding two years.
© the license suspended or revoked under the provisions of subsections (a) and (b) of this section shall not be reinstated unless the driver has furnished a bond in accordance with
section twenty-nine of this act and only after the commissioner has satisfied himself that such driver may again safely be permitted to operate a motor vehicle.
A decision of the commissioner revoking or refusing the reinstatement of a license under the provisions of this section may be appealed to the secretary of public works and
communications.
Section 28. Driver’s bond. – the commissioner before reinstating any driver’s license which has been suspended or revoked under the provisions of the preceding section or of any
provisions of this act, may require such driver to post a bond in the sum of one thousand pesos conditioned upon the satisfaction and payment of any claim which may be filed or of
any execution which may be issued against such driver in any case wherein said driver may be held answerable while operating motor vehicles. The bond required in this section
shall be in such form as to render sureties liable at least for a period of not less than one year nor more than three years: provided, however, that upon written application to the
commissioner for release from such a bond, the commissioner may after revoking or suspending the driver’s license, authorize the release of the bondsmen from further
responsibility thereunder: provided, further, that should the commissioner decide not to revoke the license of a driver who has been convicted of homicide through reckless
imprudence, or of the violation of the speed limit or of reckless driving at least three times within a twelve-month period, the said driver shall post a bond in the sum of not less than
two thousand pesos, conditioned upon the payment of any claim which may be filed or any execution which may be issued against him in any case wherein said driver may be held
answerable while operating motor vehicles.
Section 29. Confiscation of driver’s licenses. – law enforcement and peace officers duly designated by the commissioner shall, in apprehending any driver for violations of this act or
of any regulations issued pursuant thereto, or of local traffic rules and regulations, confiscate the license of the driver concerned and issue a receipt prescribed and issued by the
commission therefor which shall authorize the driver to operate a motor vehicle for a period not exceeding seventy-two hours from the time and date of issue of said receipt. The
period so fixed in the receipt shall not be extended, and shall become invalid thereafter. Failure of the driver to settle his case within fifteen days from the date of apprehension will
cause suspension and revocation of his license.
Section 30. Student-driver’s permit. – upon proper application and the payment of three pesos, the commissioner or his deputy may issue student-driver’s permits, valid for six
months to persons not under eighteen years of age, who desire to learn to operate motor vehicles. No application for driver’s license shall be received unless the applicant has
undergone instruction in the operation of motor vehicles for at least a month and has a valid student-driver’s permit: provided, however, that any person who has a license to
operate vehicles in other countries may, upon presentation of appropriate evidence of such license, be allowed to pay for a driver’s license without presenting a student driver’s
permit.
A student driver who fails in the examination shall continue as a student driver for at least one additional month. No student driver shall operate a motor vehicle unless accompanied
by a duly licensed driver.
The licensed driver acting as instructor to the student driver shall likewise be responsible and liable for any violation of the provisions of this act and for any injury or damage done
by the motor vehicle on account or as a result of its operation by a student under his direction.
Article ii
Illegal use of licenses, number plates, etc.
Section 31. Imitation and false representations. – no person shall make or use attempt to make or use a driver’s license, badge, certificate of registration, number plate, tag, or
permit in imitation or similitude of those issued under this act, or intended to be used as or for a legal license, badge, certificate, plate, tag or permit, or with intent to sell or otherwise
dispose of the same to another. No person shall falsely or fraudulently represent as valid and in force any driver’s license, badge, certificate, plate, tag or permit issued under this
act which is delinquent or which has been revoked or suspended.
No person shall, knowingly and with intent to deceive, make one or more false or fraudulent statements in an application for the registration of vehicles, or for a driver’s license.
Article iii
Passenger and freight
Section 32. Exceeding registered capacity. – no person operating any vehicle shall allow more passenger or more freight or cargo in his vehicle than its registered carrying capacity.
In the case of public utility trucks or buses, the conductor shall be exclusively liable for violations of this section or of section thirty-two, letter © hereof: provided, that the conductor,
before being employed by any public service operator, shall get a permit or license from the commission and pay five pesos annually for said license or permit issued in his favor,
and the same is renewable on or before the last working day of the month of his birth, attaching a readily recognizable photograph and after presentation of a medical certificate of
fitness of applicant.
Passenger trucks may be allowed to construct any cargo carrying device at the rear or at the side of the truck, subject to the approval of the commissioner: provided, however, that
the total weight of the device, including the cargo, shall not exceed one hundred kilos.
Carrying of passengers and freight on top of vehicles. – no person operating a motor vehicle shall allow any passenger to ride on the cover or top of such vehicles: provided,
however, that subject to such conditions as may be contained in permits that may be issued by the commissioner, baggage or freight may be carried on the top of a truck provided
the weight thereof does not exceed twenty kilos per square meter and is distributed in such a manner as not to endanger the passengers or stability of the truck.
© riding on running boards. – no driver shall permit any person to ride on the running board, step board, or mudguard of his motor vehicle for any purpose except to make repair or
adjustment in the motor or to collect fares.
Section 33. Passenger or freight capacity marked on vehicle. – all passengers automobiles for hire shall have the registered passenger capacity plainly and conspicuously marked
on both sides thereof, in letters and numerals not less than five centimeters in height.
All motor trucks, whether for passenger or freight, private, or for hire, shall have the registered passenger gross and net weight capacities plainly and conspicuously marked on both
sides thereof, in letters and numerals not less than five centimeters in height.
Article iv
Accessories of motor vehicles
Section 34.
Tires of motor vehicles. – no motor vehicle with metallic tires shall be operated upon any public highway, and solid tires whenever used shall be of sufficient thickness to prevent the
metal rims thereof from coming in direct contact with the road.
Brakes – every motor vehicle with four or more wheels shall be provided with dual hydraulic brake system so that in case of hydraulic line failure affecting the braking efficiency of
any of the four wheels at least either the front or rear wheels shall retain normal braking capabilities. In the absence of such dual braking system every motor vehicle with four or
more wheels shall be provided with safety valve devices of such design and make so that failure of the hydraulic braking system of the vehicle because of leakage in the line of
other parts of the system will not affect all wheels but rather render at all times effective the braking power of either the two front wheels or the two rear wheels when brakes are
applied. This requirement, however, does not apply to motor vehicles equipped with pneumatic braking system.
(b-1) horns. – every motor vehicle shall be provided with a horn or signalling devise in good working order: provided, however, that no horn or signalling device emitting an
exceptionally loud, startling, or disagreeable sound shall be installed or used on any motor vehicle.
All authorized emergency vehicles, such as ambulance and police cars and fire wagons used for emergency calls shall be equipped with a bell, siren, or exhaust whistle of a type
approved by the commissioner, and no such device shall be installed or used in any other vehicle.
No vehicle not classified as a motor vehicle under this act shall be equipped with a horn or signaling device similar to the horn customarily used on motor vehicles.
© headlights. – every motor vehicle of more than one meter of projected width, while in use on any public highway shall bear two headlights, one on each side, with white or
yellowish light visible from the front, which, not later than one-half hour after sunset and until at least one-half four before sunrise and whenever weather conditions so require, shall
both be lighted.
Additional lamps and light may be carried, but no red lights shall be visible forward or ahead of the vehicle. Trucks, buses, trailers, and other similar vehicles must carry, while in use
on any public highway during night-time, colored riding lights on each of the four corners not more than ten centimeters from the top.
All motor vehicles shall be equipped with devices for varying the intensity of light, and the driver must dim the headlights or tilt the beams downward whenever the vehicle is being
operated on well-lighted streets within the limits of cities, municipalities, and thickly populated barrios or districts, or whenever such vehicle meets another vehicle on any public
highway.
Taillights. – every motor vehicle and trailer shall, during the above-mentioned hours, also bear on each side in the rear a lamp showing a red light visible at least one hundred
meters from the rear of the vehicle and a lamp throwing a white light upon the number plate issued for such vehicle.
€ stop lights. – every motor vehicle shall be equipped at the rear with at least one lamp which shall throw a sustained bright red light visible under all conditions, even under bright
sunlight, when the brakes are applied. Each bus, truck, trailer or similar vehicle shall be equipped, as its stop light at or near its rear center, with a lamp at least twelve centimeters in
diameter with the word “stop” inscribed in the center.
(f) motorcycle and other vehicle lights. – every motor vehicle of less than one meter of projected width shall be subject to the preceding provisions of this section, except that one
headlight and one taillight shall be required. No signal light shall be necessary.
Additional lamps may be carried provided they comply with the preceding provisions of this section.
Every motor vehicle, or whatever style, kind, make, character, or nature, when upon a highway during the hours above-mentioned, whether in motion or not, shall have one or more
lights so arranged that the same shall be visible at least fifty meters from the front and the rear of such vehicle.
(g) lights when parked or disabled. – appropriate parking lights or flares visible one hundred meters away shall be displayed at a corner of the vehicle whenever such vehicle is
parked on highways or in places that are not well-lighted or is placed in such manner as to endanger passing traffic.
(h) windshield wiper. – every motor vehicle shall be equipped with a mechanically or electrically operated device for wiping off raindrops or other moisture from its front windshield.
Use of red flag. – whenever the load of any vehicle extends more than one meter beyond the bed or body thereof, there shall be displayed at every projecting end of such load a red
flag not less than thirty centimeters both in length and width, except that during the hours fixed under subsection ©, there shall be displayed, in lieu of the required red flags, red
lights visible at least fifty meters away.
Mufflers. – every motor vehicle propelled by an internal combustion engine shall be equipped with a muffler, and whenever said motor vehicle passes through a street of any city,
municipality, or thickly populated district or barrio, the muffler shall not be cut out or disconnected. No motor vehicle shall be operated in such a manner as to cause it to emit or
make any unnecessary or disagreeable odor, smoke or noise.
Chapter iv
Traffic rules
Article i
Speed limit and keeping to the right
Section 35. Restriction as to speed. –
Any person driving a motor vehicle on a highway shall drive the same at a careful and prudent speed, not greater nor less than is reasonable and proper, having due regard for the
traffic, the width of the highway, and of any other condition then and there existing; and no person shall drive any motor vehicle upon a highway at such a speed as to endanger the
life, limb and property of any person, nor at a speed greater than will permit him to bring the vehicle to a stop within the assured clear distance ahead.
Subject to the provisions of the preceding paragraph, the rate of speed of any motor vehicle shall not exceed the following:
Maximum allowable speeds passengers
Cars and motorcycle motor trucks and buses
1. On open country roads, with no “blinds corners” not closely bordered by habitations. 80 km. Per hour 50 km. Per hour
2. On “through streets” or boulevards, clear of traffic, with no “ blind corners,” when so designated. 40 km. Per hour 30 km. Per hour
3. On city and municipal streets, with light traffic, when not designated “through streets”. 30 km. Per hour 30 km. Per hour
4. Through crowded streets, approaching intersections at “blind corners,” passing school zones, passing other vehicles which are stationery, or for similar dangerous circumstances.
20 km. Per hour 20 km. Per hour
© the rates of speed hereinabove prescribed shall not apply to the following:
A physician or his driver when the former responds to emergency calls;
The driver of a hospital ambulance on the way to and from the place of accident or other emergency;
Any driver bringing a wounded or sick person for emergency treatment to a hospital, clinic, or any other similar place;
The driver of a motor vehicle belonging to the armed forces while in use for official purposes in times of riot, insurrection or invasion;
The driver of a vehicle, when he or his passengers are in pursuit of a criminal;
A law-enforcement officer who is trying to overtake a violator of traffic laws; and
The driver officially operating a motor vehicle of any fire department, provided that exemption shall not be construed to allow unless or unnecessary fast driving of drivers
aforementioned.
Section 36. Speed limits uniform throughout the philippines. – no provincial, city or municipal authority shall enact or enforce any ordinance or resolution specifying maximum
allowable speeds other than those provided in this act.
Section 37. Driving on right side of highway. – unless a different course of action is required in the interest of the safety and the security of life, person or property, or because of
unreasonable difficulty of operation in compliance herewith, every person operating a motor vehicle or an animal-drawn vehicle on a highway shall pass to the right when meeting
persons or vehicles coming toward him, and to the left when overtaking persons or vehicles going the same direction, and when turning to the left in going from one highway to
another, every vehicle shall be conducted to the right of the center of the intersection of the highway.
Section 38. Classification of highways. – public highways shall be properly classified for traffic purposes by the provincial board, municipal board or city council having jurisdiction
over them, and said provincial board, municipal board or city council shall provide appropriate signs therefor, subject to the approval of the commissioner. It shall be the duty of
every provincial, city and municipal secretary to certify to the commissioner the names, locations, and limits of all “through streets” designated as such by the provincial board,
municipal board or council.
Article ii
Overtaking and passing a vehicle, and turning at intersections
Section 39. Overtaking a vehicle. – the driver of any motor vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof, and
shall not again drive to the right side of the highway until safety clear of such overtaken vehicle except that on a highway, within a business or residential district, having two or more
lanes for the movement of traffic in one direction, the driver of a vehicle may overtake and pass another vehicle on the right. Nothing in this section shall be construed to prohibit a
driver overtaking and passing, upon the right, another vehicle which is making or about to make a left turn.
Section 40. Driver to give way to overtaking vehicle. – the driver of a vehicle about to be overtaken and passed by another vehicle approaching from the rear shall give way to the
overtaking vehicle on suitable and audible signal being given by the driver of the overtaking vehicle, and shall not increase the speed of his vehicle until completely passed by the
overtaking vehicle.
Section 41. Restrictions on overtaking and passing.
The driver of a vehicle shall not drive to the left side of the center line of a highway in overtaking or passing another vehicle proceeding in the same direction, unless such left side is
clearly visible, and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking or passing to be made in safety.
The driver of a vehicle shall not overtake or pass another vehicle proceeding in the same direction, when approaching the crest of a grade, not upon a curve in the highway, where
the driver’s view along the highway is obstructed within a distance of five hundred feet ahead, except on a highway having two or more lanes for movement of traffic in one direction
where the driver of a vehicle may overtake or pass another vehicle: provided, that on a highway within a business or residential district, having two or more lanes for movement of
traffic in one direction, the driver of a vehicle may overtake or pass another vehicle on the right.
© the driver of a vehicle shall not overtake or pass any other vehicle proceeding in the same direction, at any railway grade crossing, not at any intersection of highways unless
such intersection or crossing is controlled by traffic signal, or unless permitted to do so by a watchman or a peace officer, except on a highway having two or more lanes for
movement of traffic in one direction where the driver of a vehicle may overtake or pass another vehicle on the right. Nothing in this section shall be construed to prohibit a driver
overtaking or passing upon the right another vehicle which is making or about to make a left turn.
The driver of a vehicle shall not overtake or pass, or attempt to pass, any other vehicle, proceeding in the same direction, between any points indicated by the placing of official
temporary warning or caution signs indicating that men are working on the highway.
€ the driver of a vehicle shall not overtake or pass, or attempt to overtake or pass, any other vehicle proceeding in the same direction in any “no-passing or overtaking zone.”
Article iii
Right of way and signals
Section 42. Right of way.
When two vehicles approach or enter an intersection at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right, except
as otherwise hereinafter provided. The driver of any vehicle traveling at an unlawful speed shall forfeit any right of way which he might otherwise have hereunder.
The driver of a vehicle approaching but not having entered an intersection, shall yield the right of way to a vehicle within such intersection or turning therein to the left across the line
of travel of such first-mentioned vehicle, provided the driver of the vehicle turning left has given a plainly visible signal of intention to turn as required in this act.
© the driver of any vehicle upon a highway within a business or residential district shall yield the right of way to a pedestrian crossing such highway within a crosswalk, except at
intersections where the movement of traffic is being regulated by a peace officer or by traffic signal. Every pedestrian crossing a highway within a business or residential district, at
any point other than a crosswalk shall yield the right of way to vehicles upon the highway.
The driver of a vehicle upon a highway shall bring to a full stop such vehicle before traversing any “through highway” or railroad crossing: provided, that when it is apparent that no
hazard exists, the vehicle may be slowed down to five miles per hour instead of bringing it to a full stop.
Section 43. Exception to the right of way rule.
The driver of a vehicle entering a highway from a private road or drive shall yield the right of way to all vehicles approaching on such highway.
The driver of a vehicle upon a highway shall yield the right of way to police or fire department vehicles and ambulances when such vehicles are operated on official business and
the drivers thereof sound audible signal of their approach.
© the driver of a vehicle entering a “through highway” or a “stop intersection” shall yield the right of way to all vehicles approaching to either direction on such “through highway”:
provided, that nothing in this subsection shall be construed as relieving the driver of any vehicle being operated on a “through highway” from the duty of driving with due regard for
the safety of vehicles entering such “through highway” nor as protecting the said driver from the consequence of an arbitrary exercise off such right of way.
Section 44. Signals on starting, stopping or turning. –
The driver of any vehicle upon a highway, before starting, stopping or turning from a direct line, shall first see that such movement can be made in safety, and if any pedestrian may
be affected by such movement, shall give a clearly audible signal by sounding the horn, and whenever the operation of any other vehicle approaching or following may be affected
by such movement, shall give a signal plainly visible to the driver of such other vehicles of the intention to make such movement.
The signal herein required shall be given by means of extending the hand and arm beyond the left side of the vehicle, or by an approved mechanical or electrical signal device.
Article iv
Turning and parking
Section 45. Turning at intersections. –
The drive of a vehicle intending to run to the right at an intersection shall approach such intersection in the lane for traffic nearest to the right-hand side of the highway and, in
turning, shall keep as close as possible to the right-hand curb or edge of the highway.
The driver of a vehicle intending to turn to the left shall approach such intersection in the lane for traffic to the right of and nearest to the center line of the highway, and, in turning,
shall pass to the left of the center of the intersection, except that, upon highways laned for traffic and upon one-way highways, a left turn shall be made from the left lane of traffic in
the direction in which the vehicle is proceeding.
© for the purpose of this section, the center of the intersection shall mean the meeting point of the medial lines of the highways intersecting one another, except when it is occupied
by a monument, grass plot or any permanent structure, other than traffic control device.
Section 46. Parking prohibited in specified places. – no driver shall park a vehicle, or permit it to stand, whether attended or unattended, upon a highway in any of the following
places:
Within an intersection
On a crosswalk
© within six meters of the intersection of curb lines.
Within four meters of the driveway entrance to and fire station.
€ within four meters of fire hydrant
(f) in front of a private driveway
(g) on the roadway side of any vehicle stopped or parked at the curb or edge of the highway
(h) at any place where official signs have been erected prohibiting parking.
Section 47. Parked vehicle. – whenever a motor vehicle is parked unattended on any highway, the driver thereof must turn off the ignition switch and stop the motor and notch
effectively the hand brake.
Article v
Miscellaneous traffic rules
Section 48. Reckless driving. – no person shall operate a motor vehicle on any highway recklessly or without reasonable caution considering the width, traffic, grades, crossing,
curvatures, visibility and other conditions of the highway and the conditions of the atmosphere and weather, or so as to endanger the property or the safety or rights of any person or
so as to cause excessive or unreasonable damage to the highway.
Section 49. Right of way for police and other emergency vehicles. – upon the approach of any police or fire department vehicle, or of an ambulance giving audible signal, the driver
of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right-hand edge or curb of the highway, clear of any intersection of
highways, and shall stop and remain in such position, unless otherwise directed by a peace officer, until such vehicle shall have passed.
Section 50. Tampering with vehicles. – no unauthorized person shall sound the horn, handle the levers or set in motion or in any way tamper with a damage or deface any motor
vehicle.
Section 51. Hitching to a vehicle. – no person shall hang on to, ride on, the outside or the rear end of any vehicle, and no person on a bicycle, roller skate or other similar device,
shall hold fast to or hitch on to any moving vehicle, and no driver shall knowingly permit any person to hang on to or ride, the outside or rear end of his vehicle or allow any person
on a bicycle, roller skate or other similar device to hold fast or hitch to his vehicle.
Section 52. Driving or parking on sidewalk. – no person shall drive or park a motor vehicle upon or along any sidewalk, path or alley not intended for vehicular traffic or parking.
Section 53. Driving while under the influence of liquor or narcotic drug. – no person shall drive a motor vehicle while under the influence of liquor or narcotic drug.
Section 54. Obstruction of traffic. – no person shall drive his motor vehicle in such a manner as to obstruct or impede the passage of any vehicle, nor, while discharging or taking on
passengers or loading or unloading freight, obstruct the free passage of other vehicles on the highway.
Section 55. Duty of driver in case of accident. – in the event that any accident should occur as a result of the operation of a motor vehicle upon a highway, the driver present, shall
show his driver’s license, give his true name and address and also the true name and address of the owner of the motor vehicle.
No driver of a motor vehicle concerned in a vehicular accident shall leave the scene of the accident without aiding the victim, except under any of the following circumstances:
If he is in imminent danger of being seriously harmed by any person or persons by reason of the accident;
If he reports the accident to the nearest officer of the law; or
If he has to summon a physician or nurse to aid the victim.
Chapter v
Penal and other provisions
Article i
Penalties
Section 56. Penalty for violation. – the following penalties shall be imposed for violations of this act:
For registering later than seven days after acquiring title to an unregistered motor vehicle or after conversion of a registered motor vehicle requiring larger registration fee than that
for which it was originally registered, or for renewal of a delinquent registration, the penalty shall be a fine fifty per cent of the registration fees corresponding to the portion of the
year for which the vehicle is registered for use.
For failure to sign driver’s license or to carry same while driving, twenty pesos fine.
© driving a vehicle with a delinquent or invalid driver’s license, fifty pesos fine.
Driving a motor vehicle with delinquent, suspended or invalid registration, or without registration or without the proper license plate for the current year, three hundred pesos fine.
€ driving a motor vehicle without first securing a driver’s license, three hundred pesos fine.
(f) driving a motor vehicle while under the influence of liquor or narcotic drug, a fine of not less than two hundred pesos nor more than five hundred pesos, or imprisonment of not
more than three months, or both, at the discretion of the court.
(g) violation of section thirty-two, thirty-four (a), (b) and (b-1), thirty-five and forty-six a fine not exceeding one hundred pesos: provided, however, that in the case of violation of
section 34 (b) the vehicle or vehicles affected may not be allowed to operate unless the requirements provided in this section are complied with.
(h) violations of sections forty-nine, fifty and fifty-two, a fine not exceeding fifty pesos.
For making, using or attempting to make or use a driver’s license, badge, certificate or registration, number plate, tag or permit in imitation or similitude of those issued under this
act, or intended to be used as or for a legal license, badge, certificate, plate, tag or permit or with intent to sell or otherwise dispose of the same to another, or false or fraudulently
represent as valid and in force any driver’s license, badge, certificate, plate, tag or permit issued under this act which is delinquent or which has been suspended or revoked, a fine
of not exceeding three hundred pesos.
For using private passenger automobiles, private trucks, private motorcycles, and motor wheel attachments for hire, in violation of section seven, subsections (a), (b), and (c), of this
act, a fine of two hundred pesos and suspension of driver’s license for a period of three months for the first conviction; a fine of three hundred pesos and six months imprisonment
for the second conviction; and an imprisonment of one year and permanent revocation of the driver’s license for the third conviction.
For permitting, allowing, consenting to, or tolerating the use of a privately-owned motor vehicle for hire in violation of section seven, subsections (a), (b), and (c), of this act, there
shall be imposed upon the owner of the vehicle a fine of five hundred pesos and the certificate of registration shall be suspended for a period of three months for the first conviction,
and an increase of one hundred pesos in the fine and one month’s suspension of the registration for each subsequent conviction.
For violation of any provisions of this act or regulations promulgated pursuant hereto, not hereinbefore specifically punished, a fine of not less than ten or more than fifty pesos shall
be imposed.
In the event an offender cannot pay any fine imposed pursuant to the provisions of this act, he shall be made to undergo subsidiary imprisonment as provided for in the revised
penal code.
If, as the result of negligence or reckless or unreasonable fast driving, any accident occurs resulting in death or injury of any person, the motor vehicle operator at fault shall, upon
conviction, be punished under the provisions of the revised penal code.
Section 57. Punishment for other offenses. – the conviction of any person for any offense under this act shall not bar his prosecution for any other offense which may have been
committed by such person concurrently with the commission of the offense of which he was convicted or in doing the act or series of acts which constituted the offense of which he
was convicted.
B) REPUBLIC ACT NO. 10586
An act penalizing persons driving under the influence of alcohol, dangerous drugs, and similar substances, and for other purposes
Be it enacted by the senate and house of representatives of the philippines in congress assembled:
Section 1. Short title. – this act shall be known as the “anti-drunk and drugged driving act of 2013″.
Section 2. Declaration of policy. – pursuant to the constitutional principle that recognizes the protection of life and property and the promotion of the general welfare as essential for
the enjoyment of the blessing of democracy, it is hereby declared the policy of the state to ensure road safety through the observance of the citizenry of responsible and ethical
driving standards.
Towards this end, the state shall penalize the acts of driving under the influence of alcohol, dangerous drugs and other intoxicating substances and shall inculcate the standards of
safe driving and the benefits that may be derived from it through institutional programs and appropriate public information strategies.
Section 3. Definition of terms. – for purposes of this act:
Alcohol refers to alcoholic beverages classified into beer, wine and distilled spirits, the consumption of which produces intoxication.
Breath analyzer refers to the equipment which can determine the blood alcohol concentration level of a person through testing of his breath.
© chemical tests refer to breath, saliva, urine or blood tests to determine the blood alcohol concentration level and/or positive indication of dangerous drugs and similar substances
in a person’s body.
Dangerous drugs and other similar substances refer to drugs listed in the schedules annexed to the 1961 single convention on narcotics drugs, as amended by the 1972 protocol,
and in the schedules annexed to the 1971 single convention of psychotropic substances as enumerated in its attachment which is an integral part of republic act no. 9165, otherwise
known as the “comprehensive dangerous drugs act of 2002″ and those that the board may reclassify, add to or remove from the list of dangerous drugs.
€ driving under the influence of alcohol refers to the act of operating a motor vehicle while the driver’s blood alcohol concentration level has, after being subjected to a breath
analyzer test, reached the level of intoxication, as established jointly by the department of health (doh), the national police commission (napolcom) and the department of
transportation and communications (dotc).
(f) driving under the influence of dangerous drugs and other similar substances refers to the act of operating a motor vehicle while the driver, after being subjected to a confirmatory
test as mandated under republic act no. 9165, is found to be positive for use of any dangerous drug.
(g) field sobriety tests refer to standardized tests to initially assess and determine intoxication, such as the horizontal gaze nystagmus, the walk-and-turn, the one-leg stand, and
other similar tests as determined jointly by the doh, the napolcom and the dotc.
(h) motor vehicle refers to any land transportation vehicle propelled by any power other than muscular power.
Motor vehicles designed to carry hazardous materials refer to those designed to carry or transport materials which may endanger health and lives of the public.
Public utility vehicles refer to motor vehicles for hire and used to carry or transport passengers or goods.
Section 4. Driver’s education. – every applicant for a motor vehicle driver’s license shall complete a course of instruction that provides information on safe driving including, but not
limited to, the effects of the consumption of alcoholic beverages on the ability of a person to operate a motor vehicle, the hazards of driving under the influence of alcohol,
dangerous drugs and/or other similar substances, and the penalties attached for violation thereof.
For professional drivers, every applicant for a driver’s license or those applying for renewal thereof shall undergo the driver’s education herein stated.
The driver’s license written examination shall include questions concerning the effects of alcohol and drug intoxication on the ability of a person to operate a motor vehicle and the
legal and pecuniary consequences resulting from violation of the provisions of this act.
Section 5. Punishable act. – it shall be unlawful for any person to drive a motor vehicle while under the influence of alcohol, dangerous drugs and/or other similar substances.
Section 6. Conduct of field sobriety, chemical and confirmatory tests. – a law enforcement officer who has probable cause to believe that a person is driving under the influence of
alcohol, dangerous drugs and/or other similar substances by apparent indications and manifestations, including overspeeding, weaving, lane straddling, sudden stops, swerving,
poor coordination or the evident smell of alcohol in a person’s breath or signs of use of dangerous drugs and other similar substances, shall conduct field sobriety tests.
If the driver fails in the sobriety tests, it shall be the duty of the law enforcement officer to implement the mandatory determination of the driver’s blood alcohol concentration level
through the use of a breath analyzer or similar measuring instrument.
If the law enforcement officer has probable cause to believe that a person is driving under the influence of dangerous drugs and/or other similar substances, it shall be the duty of
the law enforcement officer to bring the driver to the nearest police station to be subjected to a drug screening test and, if necessary, a drug confirmatory test as mandated under
republic act no. 9165.
Law enforcement officers and deputized local traffic enforcement officers shall be responsible in implementing this section.
Section 7. Mandatory alcohol and chemical testing of drivers involved in motor vehicular accidents. – a driver of a motor vehicle involved in a vehicular accident resulting in the loss
of human life or physical injuries shall be subjected to chemical tests, including a drug screening test and, if necessary, a drug confirmatory test as mandated under republic act no.
9165, to determine the presence and/or concentration of alcohol, dangerous drugs and/or similar substances in the bloodstream or body.
Section 8. Refusal to subject oneself to mandatory tests. – a driver of a motor vehicle who refuses to undergo the mandatory field sobriety and drug tests under sections 6, 7 and 15
of this act shall be penalized by the confiscation and automatic revocation of his or her driver’s license, in addition to other penalties provided herein and/or other pertinent laws.
Section 9. Acquisition of equipment. – within four (4) months from the effectivity of this act, the land transportation office (lto) and the philippine national police (pnp) shall acquire
sufficient breath analyzers and drug-testing kits to be utilized by law enforcement officers and deputized local traffic enforcement officers nationwide giving priority to areas with high
reported occurrences of accidents. For purposes of acquiring these equipment and for the training seminars indicated in section 10 hereof, the lto shall utilize the special road safety
fund allotted for this purpose as provided under section 7 of republic act no. 8794, entitled: “an act imposing a motor vehicle user’s charge on owners of all types of motor vehicles
and for other purposes”. Additional yearly appropriations for the purchase of breath analyzers and drug-testing kits shall be provided annually under the general appropriations act.
Section 10. Deputation. – the lto may deputize traffic enforcement officers of the pnp, the metropolitan manila development authority (mmda) and cities and municipalities in order to
enforce the provisions of this act.
Section 11. Law enforcement officer education. – the lto and the pnp shall conduct training seminars for their law enforcers and deputies with regard to the proper conduct of field
sobriety tests and breath analyzer tests every year. Within four (4) months from the effectivity of this act, the lto shall publish the guidelines and procedures for the proper conduct of
field sobriety tests, which guidelines shall be made available to the public and made available for download through the official lto website.
Section 12. Penalties. – a driver found to have been driving a motor vehicle while under the influence of alcohol, dangerous drugs and/or other similar substances, as provided for
under section 5 of this act, shall be penalized as follows:
If the violation of section 5 did not result in physical injuries or homicide, the penalty of three (3) months imprisonment, and a fine ranging from twenty thousand pesos
(php20,000.00) to eighty thousand pesos (php80,000.00) shall be imposed;
If the violation of section 5 resulted in physical injuries, the penalty provided in article 263 of the revised penal code or the penalty provided in the next preceding subparagraph,
whichever is higher, and a fine ranging from one hundred thousand pesos (php100,000.00) to two hundred thousand pesos (php200,000.00) shall be imposed;
© if the violation of section 5 resulted in homicide, the penalty provided in article 249 of the revised penal code and a fine ranging from three hundred thousand pesos
(php300,000.00) to five hundred thousand pesos (php500,000.00) shall be imposed; and
The nonprofessional driver’s license of any person found to have violated section 5 of this act shall also be confiscated and suspended for a period of twelve (12) months for the first
conviction and perpetually revoked for the second conviction. The professional driver’s license of any person found to have violated section 5 of this act shall also be confiscated
and perpetually revoked for the first conviction. The perpetual revocation of a driver’s license shall disqualify the person from being granted any kind of driver’s license thereafter.
The prosecution for any violation of this act shall be without prejudice to criminal prosecution for violation of the revised penal code, republic act no. 9165 and other special laws and
existing local ordinances, whenever applicable.
Section 13. Direct liability of operator and/or owner of the offending vehicle. – the owner and/or operator of the vehicle driven by the offender shall be directly and principally held
liable together with the offender for the fine and the award against the offender for civil damages unless he or she is able to convincingly prove that he or she has exercised
extraordinary diligence in the selection and supervision of his or her drivers in general and the offending driver in particular.
This section shall principally apply to the owners and/or operators of public utility vehicles and commercial vehicles such as delivery vans, cargo trucks, container trucks, school and
company buses, hotel transports, cars or vans for rent, taxi cabs, and the like.
Section 14. Nationwide information campaign. – within one (1) month from the promulgation of the implementing rules and regulations as provided under section 17 hereof, the
philippine information agency (pia), in coordination with the lto, the local government units (lgus) and other concerned agencies, shall conduct information, education and
communication (iec) campaign for the attainment of the objectives of this act.
Section 15. Nationwide random terminal inspection and quick random drug tests. – the lto shall conduct random terminal inspections and quick random drug tests of public utility
drivers. The cost of such tests shall be defrayed by the lto.
Section 16. Review of penalties. – the lto shall, after five (5) years from the effectivity of this act and every five (5) years thereafter, review the applicability and enforcement of all
foregoing pecuniary penalties and shall initiate amendment and/or upgrade the same as may be necessary, subject to the approval of the secretary of the dotc.1âwphi1
Section 17. Implementing rules and regulations. – the dotc, the doh and the napolcom shall, within three (3) months from the effectivity of this act, jointly promulgate the necessary
implementing rules and regulations to carry out the provisions of this act.
Section 18. Separability clause. – if, for any reason, any part or provision of this act is declared invalid, such declaration shall not affect the other provisions of this act.
Section 19. Repealing clause. – subparagraph (f), section 56, article 1 of republic act no. 4136, otherwise known as the “land transportation and traffic code”, as amended;
subparagraph (f), section 5 of republic act no. 7924, otherwise known as “an act creating the metropolitan manila development authority, defining its powers and functions, providing
funds therefor and for other purposes;” subparagraph (a), section 36 of republic act no. 9165; and all other laws, orders, issuances, circulars, rules and regulations or parts thereof
which are inconsistent with any provision of this act are hereby repealed or modified accordingly.
LAWS GOVERNING PROSTITUTION IN THE PHILIPPINES
A) REPUBLIC ACT NO. 10158 MARCH 27, 2012
An act decriminalizing vagrancy, amending for this purpose article 202 of act no. 3815, as amended, otherwise known as the revised penal code
Section 1. Article 202 of the revised penal code is hereby, amended to read as follows:
“article 202. Prostitutes; penalty. – for the purposes of this article, women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct, are deemed to be
prostitutes.
“any person found guilty of any of the offenses covered by this article shall be punished by arresto menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto
mayor in its medium period to prision correctional in its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court.”
Section 2. Effect on pending cases. – all pending cases under the provisions of article 202 of the revised penal code on vagrancy prior to its amendment by this act shall be
dismissed upon effectivity of this act.
Section 3. Immediate release of convicted persons. – all persons serving sentence for violation of the provisions of article 202 of the revised penal code on vagrancy prior to its
amendment by this act shall be immediately released upon effectivity of this act: provided, that they are not serving sentence or detained for any other offense or felony.
Section 4. Repealing clause. – all laws, presidential decrees, executive orders, rules and regulations and other issuances, or any part thereof, inconsistent with this act are hereby
repealed, modified or amended accordingly.
B) BATAS PAMBANSA BLG. 186
An act increasing the penalty for white slave trade, amending for the purpose article 341 of the revised penal code
Section 1. Article 341 of the revised penal code is hereby amended to read as follows:
“art. 341. White slave trade.1avvphi1 the penalty of prision mayor in its medium and maximum periods shall be imposed upon any person who, in any manner, or under any pretext,
shall engage in the business or shall profit by prostitution or shall enlist the services of any other person for the purpose of prostitution.”
C) REPUBLIC ACT NO. 9208 MAY 26, 2003
An act to institute policies to eliminate trafficking in persons especially women and children, establishing the necessary institutional mechanisms for the protection and support of
trafficked persons, providing penalties for its violations, and for other
Be it enacted by the senate and the house of representatives of the philippines in congress assembled:
Section 1. Title. This act shall be known as the “anti-trafficking in persons act of 2003”.
Section 2. Declaration of policy. – it is hereby declared that the state values the dignity of every human person and guarantees the respect of individual rights. In pursuit of this
policy, the state shall give highest priority to the enactment of measures and development of programs that will promote human dignity, protect the people from any threat of
violence and exploitation, eliminate trafficking in persons, and mitigate pressures for involuntary migration and servitude of persons, not only to support trafficked persons but more
importantly, to ensure their recovery, rehabilitation and reintegration into the mainstream of society.
It shall be a state policy to recognize the equal rights and inherent human dignity of women and men as enshrined in the united nations universal declaration on human rights,
united nations convention on the rights of the child, united nations convention on the protection of migrant workers and their families. United nations convention against
transnational organized crime including its protocol to prevent, suppress and punish trafficking in persons, especially women and children and all other relevant and universally
accepted human rights instruments and other international conventions to which the philippines is a signatory.
Section 3. Definition of terms. – as used in this act:
Trafficking in persons – refers to the recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim’s consent or knowledge, within or across
national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the
person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a
minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.
The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also be considered as “trafficking in persons” even if it does not involve
any of the means set forth in the preceding paragraph.
Child – refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability or condition.
© prostitution – refers to any act, transaction, scheme or design involving the use of a person by another, for sexual intercourse or lascivious conduct in exchange for money, profit
or any other consideration.
Forced labor and slavery – refer to the extraction of work or services from any person by means of enticement, violence, intimidation or threat, use of force or coercion, including
deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception.
€ sex tourism – refers to a program organized by travel and tourism-related establishments and individuals which consists of tourism packages or activities, utilizing and offering
escort and sexual services as enticement for tourists. This includes sexual services and practices offered during rest and recreation periods for members of the military.
(f) sexual exploitation – refers to participation by a person in prostitution or the production of pornographic materials as a result of being subjected to a threat, deception, coercion,
abduction, force, abuse of authority, debt bondage, fraud or through abuse of a victim’s vulnerability.
(g) debt bondage – refers to the pledging by the debtor of his/her personal services or labor or those of a person under his/her control as security or payment for a debt, when the
length and nature of services is not clearly defined or when the value of the services as reasonably assessed is not applied toward the liquidation of the debt.
(h) pornography – refers to any representation, through publication, exhibition, cinematography, indecent shows, information technology, or by whatever means, of a person
engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person for primarily sexual purposes.
Council – shall mean the inter-agency council against trafficking created under section 20 of this act.
Section 4. Acts of trafficking in persons. – it shall be unlawful for any person, natural or juridical, to commit any of the following acts:
To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under republic act no. 6955, any filipino woman to a foreign
national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
© to offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation,
forced labor or slavery, involuntary servitude or debt bondage;
To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual
exploitation;
€ to maintain or hire a person to engage in prostitution or pornography;
(f) to adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(g) to recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of
organs of said person; and
(h) to recruit, transport or adopt a child to engage in armed activities in the philippines or abroad.
Section 5. Acts that promote trafficking in persons. – the following acts which promote or facilitate trafficking in persons, shall be unlawful:
To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons;
To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and certificates of any government agency which issues these
certificates and stickers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons;
© to advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information
technology and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons;
To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are
mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons;
€ to facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are in possession of
unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons;
(f) to confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from
leaving the country or seeking redress from the government or appropriate agencies; and
(g) to knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery.
Section 6. Qualified trafficking in persons. – the following are considered as qualified trafficking:
When the trafficked person is a child;
When the adoption is effected through republic act no. 8043, otherwise known as the “inter-country adoption act of 1995” and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
© when the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or
confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group;
When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or
employee;
€ when the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies;
(f) when the offender is a member of the military or law enforcement agencies; and
(g) when by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with human immunodeficiency virus
(hiv) or the acquired immune deficiency syndrome (aids).
Section 6. Confidentiality. – at any stage of the investigation, prosecution and trial of an offense under this act, law enforcement officers, prosecutors, judges, court personnel and
medical practitioners, as well as parties to the case, shall recognize the right to privacy of the trafficked person and the accused. Towards this end, law enforcement officers,
prosecutors and judges to whom the complaint has been referred may, whenever necessary to ensure a fair and impartial proceeding, and after considering all circumstances for
the best interest of the parties, order a closed-door investigation, prosecution or trial. The name and personal circumstances of the trafficked person or of the accused, or any other
information tending to establish their identities and such circumstances or information shall not be disclosed to the public.
In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer
or producer in case of television and radio, producer and director of a film in case of the movie industry, or any person utilizing tri-media facilities or information technology to cause
publicity of any case of trafficking in persons.
Section 8. Prosecution of cases. – any person who has personal knowledge of the commission of any offense under this act, the trafficked person, the parents, spouse, siblings,
children or legal guardian may file a complaint for trafficking.
Section 9. Venue. – a criminal action arising from violation of this act shall be filed where the offense was committed, or where any of its elements occurred, or where the trafficked
person actually resides at the time of the commission of the offense: provided, that the court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other
courts.
Section 10. Penalties and sanctions. – the following penalties and sanctions are hereby established for the offenses enumerated in this act:
Any person found guilty of committing any of the acts enumerated in section 4 shall suffer the penalty of imprisonment of twenty (20) years and a fine of not less than one million
pesos (p1,000,000.00) but not more than two million pesos (p2,000,000.00);
Any person found guilty of committing any of the acts enumerated in section 5 shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than five hundred
thousand pesos (p500,000.00) but not more than one million pesos (p1,000,000.00);
© any person found guilty of qualified trafficking under section 6 shall suffer the penalty of life imprisonment and a fine of not less than two million pesos (p2,000,000.00) but not
more than five million pesos (p5,000,000.00);
Any person who violates section 7 hereof shall suffer the penalty of imprisonment of six (6) years and a fine of not less than five hundred thousand pesos (p500,000.00) but not
more than one million pesos (p1,000,000.00);
€ if the offender is a corporation, partnership, association, club, establishment or any juridical person, the penalty shall be imposed upon the owner, president, partner, manager,
and/or any responsible officer who participated in the commission of the crime or who shall have knowingly permitted or failed to prevent its commission;
(f) the registration with the securities and exchange commission (sec) and license to operate of the erring agency, corporation, association, religious group, tour or travel agent, club
or establishment, or any place of entertainment shall be cancelled and revoked permanently. The owner, president, partner or manager thereof shall not be allowed to operate
similar establishments in a different name;
(g) if the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred permanently from entering the country;
(h) any employee or official of government agencies who shall issue or approve the issuance of travel exit clearances, passports, registration certificates, counseling certificates,
marriage license, and other similar documents to persons, whether juridical or natural, recruitment agencies, establishments or other individuals or groups, who fail to observe the
prescribed procedures and the requirement as provided for by laws, rules and regulations, shall be held administratively liable, without prejudice to criminal liability under this act.
The concerned government official or employee shall, upon conviction, be dismissed from the service and be barred permanently to hold public office. His/her retirement and other
benefits shall likewise be forfeited; and
Conviction by final judgment of the adopter for any offense under this act shall result in the immediate rescission of the decree of adoption.
Section 11. Use of trafficked persons. – any person who buys or engages the services of trafficked persons for prostitution shall be penalized as follows:
First offense – six (6) months of community service as may be determined by the court and a fine of fifty thousand pesos (p50,000.00); and
Second and subsequent offenses – imprisonment of one (1) year and a fine of one hundred thousand pesos (p100,000.00).
Section 12. Prescriptive period. – trafficking cases under this act shall prescribe in ten (10) years: provided, however, that trafficking cases committed by a syndicate or in a large
scale as defined under section 6 shall prescribe in twenty (20) years.
The prescriptive period shall commence to run from the day on which the trafficked person is delivered or released from the conditions of bondage and shall be interrupted by the
filing of the complaint or information and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted or are unjustifiably
stopped for any reason not imputable to the accused.
Section 13. Exemption from filing fees. – when the trafficked person institutes a separate civil action for the recovery of civil damages, he/she shall be exempt from the payment of
filing fees.
Section 14. Confiscation and forfeiture of the proceeds and instruments derived from trafficking in persons. – in addition to the penalty imposed for the violation of this act, the court
shall order the confiscation and forfeiture, in favor of the government, of all the proceeds and properties derived from the commission of the crime, unless they are the property of a
third person not liable for the unlawful act; provided, however, that all awards for damages shall be taken from the personal and separate properties of the offender; provided,
further, that if such properties are insufficient, the balance shall be taken from the confiscated and forfeited properties.
When the proceeds, properties and instruments of the offense have been destroyed, diminished in value or otherwise rendered worthless by any act or omission, directly or
indirectly, of the offender, or it has been concealed, removed, converted or transferred to prevent the same from being found or to avoid forfeiture or confiscation, the offender shall
be ordered to pay the amount equal to the value of the proceeds, property or instruments of the offense.
Section 15. Trust fund. – all fines imposed under this act and the proceeds and properties forfeited and confiscated pursuant to section 14 hereof shall accrue to a trust fund to be
administered and managed by the council to be used exclusively for programs that will prevent acts of trafficking and protect, rehabilitate, reintegrate trafficked persons into the
mainstream of society. Such programs shall include, but not limited to, the following:
Provision for mandatory services set forth in section 23 of this act;
Sponsorship of a national research program on trafficking and establishment of a data collection system for monitoring and evaluation purposes;
© provision of necessary technical and material support services to appropriate government agencies and non-government organizations (ngos);
Sponsorship of conferences and seminars to provide venue for consensus building amongst the public, the academe, government, ngos and international organizations; and
€ promotion of information and education campaign on trafficking.
Section 16. Programs that address trafficking in persons. – the government shall establish and implement preventive, protective and rehabilitative programs for trafficked persons.
For this purpose, the following agencies are hereby mandated to implement the following programs;
Department of foreign affairs (dfa) – shall make available its resources and facilities overseas for trafficked persons regardless of their manner of entry to the receiving country, and
explore means to further enhance its assistance in eliminating trafficking activities through closer networking with government agencies in the country and overseas, particularly in
the formulation of policies and implementation of relevant programs.
The dfa shall take necessary measures for the efficient implementation of the machine readable passports to protect the integrity of philippine passports, visas and other travel
documents to reduce the incidence of trafficking through the use of fraudulent identification documents.
It shall establish and implement a pre-marriage, on-site and pre-departure counseling program on intermarriages.
Department of social welfare and development (dswd) – shall implement rehabilitative and protective programs for trafficked persons. It shall provide counseling and temporary
shelter to trafficked persons and develop a system for accreditation among ngos for purposes of establishing centers and programs for intervention in various levels of the
community.
© department of labor and employment (dole) – shall ensure the strict implementation and compliance with the rules and guidelines relative to the employment of persons locally
and overseas. It shall likewise monitor, document and report cases of trafficking in persons involving employers and labor recruiters.
Department of justice (doj) – shall ensure the prosecution of persons accused of trafficking and designate and train special prosecutors who shall handle and prosecute cases of
trafficking. It shall also establish a mechanism for free legal assistance for trafficked persons, in coordination with the dswd, integrated bar of the philippines (ibp) and other ngos
and volunteer groups.
€ national commission on the role of filipino women (ncrfw) – shall actively participate and coordinate in the formulation and monitoring of policies addressing the issue of trafficking
in persons in coordination with relevant government agencies. It shall likewise advocate for the inclusion of the issue of trafficking in persons in both its local and international
advocacy for women’s issues.
(f) bureau of immigration (bi) – shall strictly administer and enforce immigration and alien administration laws. It shall adopt measures for the apprehension of suspected traffickers
both at the place of arrival and departure and shall ensure compliance by the filipino fiancés/fiancées and spouses of foreign nationals with the guidance and counseling
requirement as provided for in this act.
(g) Philippine national police (pnp) – shall be the primary law enforcement agency to undertake surveillance, investigation and arrest of individuals or persons suspected to be
engaged in trafficking. It shall closely coordinate with various law enforcement agencies to secure concerted efforts for effective investigation and apprehension of suspected
traffickers. It shall also establish a system to receive complaints and calls to assist trafficked persons and conduct rescue operations.
(h) Philippine overseas employment administration (poea) – shall implement an effective pre-employment orientation seminars and pre-departure counseling programs to applicants
for overseas employment. It shall likewise formulate a system of providing free legal assistance to trafficked persons.
Department of the interior and local government (dilg) – shall institute a systematic information and prevention campaign and likewise maintain a databank for the effective
monitoring, documentation and prosecution of cases on trafficking in persons.
Local government units (lgus) – shall monitor and document cases of trafficking in persons in their areas of jurisdiction, effect the cancellation of licenses of establishments which
violate the provisions of this act and ensure effective prosecution of such cases. They shall also undertake an information campaign against trafficking in persons through the
establishment of the migrants advisory and information network (main) desks in municipalities or provinces in coordination with dilg, philippine information agency (pia), commission
on filipinos overseas (cfo), ngos and other concerned agencies. They shall encourage and support community based initiatives which address the trafficking in persons.
In implementing this act, the agencies concerned may seek and enlist the assistance of ngos, people’s organizations (pos), civic organizations and other volunteer groups.
Section 17. Legal protection to trafficked persons. – trafficked persons shall be recognized as victims of the act or acts of trafficking and as such shall not be penalized for crimes
directly related to the acts of trafficking enumerated in this act or in obedience to the order made by the trafficker in relation thereto. In this regard, the consent of a trafficked person
to the intended exploitation set forth in this act shall be irrelevant.
Section 18. Preferential entitlement under the witness protection program. – any provision of republic act no. 6981 to the contrary notwithstanding, any trafficked person shall be
entitled to the witness protection program provided therein.
Section 19. Trafficked persons who are foreign nationals. – subject to the guidelines issued by the council, trafficked persons in the philippines who are nationals of a foreign country
shall also be entitled to appropriate protection, assistance and services available to trafficked persons under this act: provided, that they shall be permitted continued presence in
the philippines for a length of time prescribed by the council as necessary to effect the prosecution of offenders.
Section 20. Inter-agency council against trafficking. – there is hereby established an inter-agency council against trafficking, to be composed of the secretary of the department of
justice as chairperson and the secretary of the department of social welfare and development as co-chairperson and shall have the following as members:
Secretary, department of foreign affairs;
Secretary, department of labor and employment;
© administrator, philippine overseas employment administration;
Commissioner, bureau of immigration;
€ director-general, philippine national police;
(f) chairperson, national commission on the role of filipino women; and
(g) three (3) representatives from ngos, who shall be composed of one (1) representative each from among the sectors representing women, overseas filipino workers (ofws) and
children, with a proven record of involvement in the prevention and suppression of trafficking in persons. These representatives shall be nominated by the government agency
representatives of the council, for appointment by the president for a term of three (3) years.
The members of the council may designate their permanent representatives who shall have a rank not lower than an assistant secretary or its equivalent to meetings, and shall
receive emoluments as may be determined by the council in accordance with existing budget and accounting, rules and regulations.
Section 21. Functions of the council. – the council shall have the following powers and functions:
Formulate a comprehensive and integrated program to prevent and suppress the trafficking in persons;
Promulgate rules and regulations as may be necessary for the effective implementation of this act;
© monitor and oversee the strict implementation of this act;
Coordinate the programs and projects of the various member agencies to effectively address the issues and problems attendant to trafficking in persons;
€ coordinate the conduct of massive information dissemination and campaign on the existence of the law and the various issues and problems attendant to trafficking through the
lgus, concerned agencies, and ngos;
(f) direct other agencies to immediately respond to the problems brought to their attention and report to the council on action taken;
(g) assist in filing of cases against individuals, agencies, institutions or establishments that violate the provisions of this act;
(h) formulate a program for the reintegration of trafficked persons in cooperation with dole, dswd, technical education and skills development authority (tesda), commission on higher
education (ched), lgus and ngos;
Secure from any department, bureau, office, agency, or instrumentality of the government or from ngos and other civic organizations such assistance as may be needed to
effectively implement this act;
Complement the shared government information system for migration established under republic act no. 8042, otherwise known as the “migrant workers and overseas filipinos act
of 1995” with data on cases of trafficking in persons, and ensure that the proper agencies conduct a continuing research and study on the patterns and scheme of trafficking in
persons which shall form the basis for policy formulation and program direction;
Develop the mechanism to ensure the timely, coordinated, and effective response to cases of trafficking in persons;
Recommend measures to enhance cooperative efforts and mutual assistance among foreign countries through bilateral and/or multilateral arrangements to prevent and suppress
international trafficking in persons;
Coordinate with the department of transportation and communications (dotc), department of trade and industry (dti), and other ngos in monitoring the promotion of advertisement of
trafficking in the internet;
Adopt measures and policies to protect the rights and needs of trafficked persons who are foreign nationals in the philippines;
Initiate training programs in identifying and providing the necessary intervention or assistance to trafficked persons; and
Exercise all the powers and perform such other functions necessary to attain the purposes and objectives of this act.
Section 22. Secretariat to the council. – the department of justice shall establish the necessary secretariat for the council.
Section 23. Mandatory services to trafficked persons. – to ensure recovery, rehabilitation and reintegration into the mainstream of society, concerned government agencies shall
make available the following services to trafficked persons:
Emergency shelter or appropriate housing;
Counseling;
© free legal services which shall include information about the victims’ rights and the procedure for filing complaints, claiming compensation and such other legal remedies available
to them, in a language understood by the trafficked person;
Medical or psychological services;
€ livelihood and skills training; and
(f) educational assistance to a trafficked child.
Sustained supervision and follow through mechanism that will track the progress of recovery, rehabilitation and reintegration of the trafficked persons shall be adopted and carried
out.
Section 24. Other services for trafficked persons. –
Legal assistance. – trafficked persons shall be considered under the category “overseas filipino in distress” and may avail of the legal assistance created by republic act no. 8042,
subject to the guidelines as provided by law.
Overseas filipino resource centers. – the services available to overseas filipinos as provided for by republic act no. 8042 shall also be extended to trafficked persons regardless of
their immigration status in the host country.
© the country team approach. – the country team approach under executive order no. 74 of 1993, shall be the operational scheme under which philippine embassies abroad shall
provide protection to trafficked persons insofar as the promotion of their welfare, dignity and fundamental rights are concerned.
Section 25. Repatriation of trafficked persons. – the dfa, in coordination with dole and other appropriate agencies, shall have the primary responsibility for the repatriation of
trafficked persons, regardless of whether they are documented or undocumented.
If, however, the repatriation of the trafficked persons shall expose the victims to greater risks, the dfa shall make representation with the host government for the extension of
appropriate residency permits and protection, as may be legally permissible in the host country.
Section 26. Extradition. – the doj, in consultation with dfa, shall endeavor to include offenses of trafficking in persons among extraditable offenses.
Section 27. Reporting requirements. – the council shall submit to the president of the philippines and to congress an annual report of the policies, programs and activities relative to
the implementation of this act.
Section 28. Funding. – the heads of the departments and agencies concerned shall immediately include in their programs and issue such rules and regulations to implement the
provisions of this act, the funding of which shall be included in the annual general appropriations act.
Section 29. Implementing rules and regulations. – the council shall promulgate the necessary implementing rules and regulations within sixty (60) days from the effectivity of this act.
Section 30. Non-restriction of freedom of speech and of association, religion and the right to travel. – nothing in this act shall be interpreted as a restriction of the freedom of speech
and of association, religion and the right to travel for purposes not contrary to law as guaranteed by the constitution.
Section 31. Separability clause. – if, for any reason, any section or provision of this act is held unconstitutional or invalid, the other sections or provisions hereof shall not be affected
thereby.
Section 32. Repealing clause. – all laws, presidential decrees, executive orders and rules and regulations, or parts thereof, inconsistent with the provisions of this act are hereby
repealed or modified accordingly: provided, that this act shall not in any way amend or repeal the provision of republic act no. 7610, otherwise known as the “special protection of
children against child abuse, exploitation and discrimination act”.
D) REPUBLIC ACT NO. 9710 AUGUST 14, 2009
An act providing for the magna carta of women
Be it enacted by the senate and house of representatives of the philippines in congress assembled::
Section 1. Short title. – this act shall be known as “the magna carta of women”.
Section 2. Declaration of policy. – recognizing that the economic, political, and sociocultural realities affect women’s current condition, the state affirms the role of women in nation
building and ensures the substantive equality of women and men. It shall promote empowerment of women and pursue equal opportunities for women and men and ensure equal
access to resources and to development results and outcome. Further, the state realizes that equality of men and women entails the abolition of the unequal structures and
practices that perpetuate discrimination and inequality. To realize this, the state shall endeavor to develop plans, policies, programs, measures, and mechanisms to address
discrimination and inequality in the economic, political, social, and cultural life of women and men.
The state condemns discrimination against women in all its forms and pursues by all appropriate means and without delay the policy of eliminating discrimination against women in
keeping with the convention on the elimination of all forms of discrimination against women (cedaw) and other international instruments consistent with philippine law. The state
shall accord women the rights, protection, and opportunities available to every member of society.
The state affirms women’s rights as human rights and shall intensify its efforts to fulfill its duties under international and domestic law to recognize, respect, protect, fulfill, and
promote all human rights and fundamental freedoms of women, especially marginalized women, in the economic, social, political, cultural, and other fields without distinction or
discrimination on account of class, age, sex, gender, language, ethnicity, religion, ideology, disability, education, and status. The state shall provide the necessary mechanisms to
enforce women’s rights and adopt and undertake all legal measures necessary to foster and promote the equal opportunity for women to participate in and contribute to the
development of the political, economic, social, and cultural realms.
The state, in ensuring the full integration of women’s concerns in the mainstream of development, shall provide ample opportunities to enhance and develop their skills, acquire
productive employment and contribute to their families and communities to the fullest of their capabilities.
In pursuance of this policy, the state reaffirms the right of women in all sectors to participate in policy formulation. Planning, organization, implementation, management, monitoring,
and evaluation of all programs, projects, and services. It shall support policies, researches, technology, and training programs and other support services such as financing,
production, and marketing to encourage active participation of women in national development.
Section 3. Principles of human rights of women. – human rights are universal and inalienable. All people in the world are entitled to them. The universality of human rights is
encompassed in the words of article 1 of the universal declaration of human rights, which states that all human beings are free and equal in dignity and rights.
Human rights are indivisible. Human rights are inherent to the dignity of every human being whether they relate to civil, cultural, economic, political, or social issues.
Human rights are interdependent and interrelated. The fulfillment of one right often depends, wholly or in part, upon the fulfillment of others.
All individuals are equal as human beings by virtue of the inherent dignity of each human person. No one, therefore, should suffer discrimination on the basis of ethnicity, gender,
age, language, sexual orientation, race, color, religion, political, or other opinion, national, social, or geographical origin, disability, property, birth, or other status as established by
human rights standards.
All people have the right to participate in and access information relating to the decision- making processes that affect their lives and well-being. Rights-based approaches require a
high degree of participation by communities, civil society, minorities, women, young people, indigenous peoples, and other identified groups.
States and other duty-bearers are answerable for the observance of human rights. They have to comply with the legal norms and standards enshrined in international human rights
instruments in accordance with the philippine constitution. Where they fail to do so, aggrieved rights-holders are entitled to institute proceedings for appropriate redress before a
competent court or other adjudicator in accordance with the rules and procedures provided by law.
Chapter ii
Section 4. Definitions. – for purposes of this act, the following terms shall mean:
“women empowerment” refers to the provision, availability, and accessibility of opportunities, services, and observance of human rights which enable women to actively participate
and contribute to the political, economic, social, and cultural development of the nation as well as those which shall provide them equal access to ownership, management, and
control of production, and of material and informational resources and benefits in the family, community, and society.
“discrimination against women” refers to any gender-based distinction, exclusion, or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment,
or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social,
cultural, civil, or any other field.
It includes any act or omission, including by law; policy, administrative measure, or practice, that directly or indirectly excludes or restricts women in the recognition and promotion of
their rights and their access to and enjoyment of opportunities, benefits, or privileges.
A measure or practice of general application is discrimination against women if it fails to provide for mechanisms to offset or address sex or gender-based disadvantages or
limitations of women, as a result of which women are denied or restricted in the recognition and protection of their rights and in their access to and enjoyment of opportunities,
benefits, or privileges; or women, more than men, are shown to have suffered the greater adverse effects of those measures or practices.
Provided, finally, that discrimination compounded by or intersecting with other grounds, status, or condition, such as ethnicity, age, poverty, or religion shall be considered
discrimination against women under this act.
© “marginalization” refers to a condition where a whole category of people is excluded from useful and meaningful participation in political, economic, social, and cultural life.
“marginalized” refers to the basic, disadvantaged, or vulnerable persons or groups who are mostly living in poverty and have little or no access to land and other resources, basic
social and economic services such as health care, education, water and sanitation, employment and livelihood opportunities, housing, social security, physical infrastructure; and
the justice system.
These include, but are not limited to, women in the following sectors and groups:
“small farmers and rural workers” refers to those who are engaged directly or indirectly in small farms and forest areas, workers in commercial farms and plantations, whether paid
or unpaid, regular or season-bound. These shall include. But are not limited to, (a) small farmers who own or are still amortizing for lands that is not more than three (3) hectares,
tenants, leaseholders, and stewards; and (b) rural workers who are either wage earners, self-employed, unpaid family workers directly and personally engaged in agriculture, small-
scale mining, handicrafts, and other related farm and off-farm activities;
“fisherfolk” refers to those directly or indirectly engaged in taking, culturing, or processing fishery or aquatic resources. These include, but are not to be limited to, women engaged in
fishing in municipal waters, coastal and marine areas, women workers in commercial fishing and aquaculture, vendors and processors of fish and coastal products, and subsistence
producers such as shell-gatherers, managers, and producers of mangrove resources, and other related producers:
“urban poor” refers to those residing in urban and urbanizable slum or blighted areas, with or without the benefit of security of abode, where the income of the head of the family
cannot afford in a sustained manner to provide for the family’s basic needs of food, health, education, housing, and other essentials in life;
“workers in the formal economy” refers to those who are employed by any person acting directly or indirectly in the interest of an employer in relation to an employee and shall
include the government and all its branches, subdivisions, and instrumentalities, all government- owned and -controlled corporations and institutions, as well as nonprofit private
institutions or organizations;
“workers in the informal economy” refers to self-employed, occasionally or personally hired, subcontracted, paid and unpaid family workers in household incorporated and
unincorporated enterprises, including home workers, micro-entrepreneurs and producers, and operators of sari-sari stores and all other categories who suffer from violation of
workers’ rights:
“migrant workers” refers to filipinos who are to be engaged, are engaged, or have been engaged in a remunerated activity in a state of which they are not legal residents, whether
documented or undocumented;
“indigenous peoples” refers to a group of people or homogenous societies identified by self-ascription and ascription by other, who have continuously lived as organized community
on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied; possessed customs, tradition, and other distinctive
cultural traits, or who have, through resistance to political, social, and cultural inroads of colonization, non- indigenous religions and culture, became historically differentiated from
the majority of filipinos. They shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the
dime of conquest or colonization, or at the time of inroads of non-indigenous religions and cultures, or the establishment of present state boundaries, who retain some or all of their
own social, economic, cultural, and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains
as defined under section 3(h), chapter ii of republic act no. 8371, otherwise known as “the indigenous peoples rights act of 1997” (ipra of 1997);
“moro” refers to native peoples who have historically inhabited mindanao, palawan, and sulu, and who are largely of the islamic faith;
“children” refers to those who are below eighteen (18) years of age or over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability or condition;
“senior citizens” refers to those sixty (60) years of age and above;
“persons with disabilities” refers to those who are suffering from restriction or different abilities, as a result of a mental, physical, or sensory impairment to perform an activity in the
manner or within the range considered normal for a human being; and
“solo parents” refers to those who fall under the category of a solo parent defined under republic act no. 8972, otherwise known as the “solo parents welfare act of 2000”
€ “substantive equality” refers to the full and equal enjoyment of rights and freedoms contemplated under this act. It encompasses de jure and de facto equality and also equality in
outcomes.
(f) “gender equality” refers to the principle asserting the equality of men and women and their right to enjoy equal conditions realizing their full human potentials to contribute to and
benefit from the results of development, and with the state recognizing that all human beings are free and equal in dignity and rights.
(g) “gender equity” refers to the policies, instruments, programs, services, and actions that address the disadvantaged position of women in society by providing preferential
treatment and affirmative action. Such temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discriminatory but
shall in no way entail as a consequence the maintenance of unequal or separate standards. These measures shall be discontinued when the objectives of equality of opportunity
and treatment have been achieved.
(h) “gender and development (gad)” refers to the development perspective and process that are participatory and empowering, equitable, sustainable, free from violence, respectful
of human rights, supportive of self-determination and actualization of human potentials. It seeks to achieve gender equality as a fundamental value that should be reflected in
development choices; seeks to transform society’s social, economic, and political structures and questions the validity of the gender roles they ascribed to women and men;
contends that women are active agents of development and not just passive recipients of development assistance; and stresses the need of women to organize themselves and
participate in political processes to strengthen their legal rights.
“gender mainstreaming” refers to the strategy for making women’s as well as men’s concerns and experiences an integral dimension of the design, implementation, monitoring, and
evaluation of policies and programs in all political, economic, and societal spheres so that women and men benefit equally and inequality is not perpetuated. It is the process of
assessing the implications for women and men of any planned action, including legislation, policies, or programs in all areas and at all levels.
“temporary special measures” refers to a variety of legislative, executive, administrative, and regulatory instruments, policies, and practices aimed at accelerating this de facto
equality of women in specific areas. These measures shall not be considered discriminatory but shall in no way entail as a consequence the maintenance of unequal or separate
standards. They shall be discontinued when their objectives have been achieved.
“violence against women” refers to any act of gender-based violence that results in, or is likely to result in, physical, sexual, or psychological harm or suffering to women, including
threats of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in public or in private life. It shall be understood to encompass, but not limited to, the following:
Physical, sexual, psychological, and economic violence occurring in the family, including battering, sexual abuse of female children in the household, dowry-related violence, marital
rape, and other traditional practices harmful to women, non-spousal violence, and violence related to exploitation;
Physical, sexual, and psychological violence occurring within the general community, including rape, sexual abuse, sexual harassment, and intimidation at work, in educational
institutions and elsewhere, trafficking in women, and prostitution; and
Physical, sexual, and psychological violence perpetrated or condoned by the state, wherever it occurs.
It also includes acts of violence against women as defused in republic acts no. 9208 and 9262.
“women in the military” refers to women employed in the military, both in the major and technical services, who are performing combat and/or noncombat functions, providing
security to the state, and protecting the people from various forms of threat. It also includes women trainees in all military training institutions.
“social protection” refers to policies and programs that seek to reduce poverty and vulnerability to risks and enhance the social status and rights of all women, especially the
marginalized by promoting and protecting livelihood and employment, protecting against hazards and sudden loss of income, and improving people’s capacity to manage risk. Its
components are labor market programs, social insurance, social welfare, and social safety nets.
Chapter iii
Duties related to the human rights of women
The state, private sector, society in general, and all individuals shall contribute to the recognition, respect, and promotion of the rights of women defined and guaranteed under this
act.
Section 5. The state as the primary duty-bearer. – the state, as the primary duty-bearer, shall:
Refrain from discriminating against women and violating their rights;
Protect women against discrimination and from violation of their rights by private corporations, entities, and individuals; and
© promote and fulfill the rights of women in all spheres, including their rights to substantive equality and non-discrimination.
The state shall fulfill these duties through law, policy, regulatory instruments, administrative guidelines, and other appropriate measures, including temporary special measures.
Recognizing the interrelation of the human rights of women, the state shall take measures and establish mechanisms to promote the coherent and integrated implementation, and
enforcement of this act and related laws, policies, or other measures to effectively stop discrimination against and advance the rights of women.
The state shall keep abreast with and be guided by progressive developments in human rights of women under international law and design of policies, laws, and other measures to
promote the objectives of this act.
Section 6. Duties of the state agencies and instrumentalities. – these duties of the state shall extend to all state agencies, offices, and instrumentalities at all levels and government-
owned and -controlled corporations, subject to the constitution and pertinent laws, policies, or administrative guidelines that define specific duties of state agencies and entities
concerned.
Section 7. Suppletory effect. – this chapter shall be deemed integrated into and be suppletory to other provisions of this act, particularly those that guarantee specific rights to
women and define specific roles and require specific conduct of state organs.
Chapter iv
Rights and empowerment
Section 8. Human rights of women. – all rights in the constitution and those rights recognized under international instruments duly signed and ratified by the philippines, in
consonance with philippine law, shall be rights of women under this act to be enjoyed without discrimination.
Section 9. Protection from violence. – the state shall ensure that all women shall be protected from all forms of violence as provided for in existing laws. Agencies of government
shall give priority to the defense and protection of women against gender-based offenses and help women attain justice and healing.
Towards this end, measures to prosecute and reform offenders shall likewise be pursued.
Within the next five (5) years, there shall be an incremental increase in the recruitment and training of women in the police force, forensics and medico-legal, legal services, and
social work services availed of by women who are victims of gender-related offenses until fifty percent (50%) of the personnel thereof shall be women.
Women shall have the right to protection and security in situations of armed conflict and militarization. Towards this end, they shall be protected from all forms of gender-based
violence, particularly rape and other forms of sexual abuse, and all forms of violence in situations of armed conflict. The state shall observe international standards for the protection
of civilian population in circumstances of emergency and armed conflict. It shall not force women, especially indigenous peoples, to abandon their lands, territories, and means of
subsistence, or relocate them in special centers for military purposes under any discriminatory condition.
© all government personnel involved in the protection and defense of women against gender-based violence shall undergo a mandatory training on human rights and gender
sensitivity pursuant to this act.
All local government units shall establish a violence against women’s desk in every barangay to ensure that violence against women cases are fully addressed in a gender-
responsive manner.
Section 10. Women affected by disasters, calamities, and other crisis situations. – women have the right to protection and security in times of disasters, calamities, and other crisis
situations especially in all phases of relief, recovery, rehabilitation, and construction efforts. The state shall provide for immediate humanitarian assistance, allocation of resources,
and early resettlement, if necessary. It shall also address the particular needs of women from a gender perspective to ensure their full protection from sexual exploitation and other
sexual and gender- based violence committed against them. Responses to disaster situations shall include the provision of services, such as psychosocial support, livelihood
support, education, psychological health, and comprehensive health services, including protection during pregnancy.
Section 11. Participation and representation. – the state shall undertake temporary special measures to accelerate the participation and equitable representation of women in all
spheres of society particularly in the decision-making and policy-making processes in government and private entities to fully realize their role as agents and beneficiaries of
development.
The state shall institute the following affirmative action mechanisms so that women can participate meaningfully in the formulation, implementation, and evaluation of policies, plans,
and programs for national, regional, and local development:
Empowerment within the civil service. – within the next five (5) years, the number of women in third (3rd) level positions in government shall be incrementally increased to achieve a
fifty-fifty (50-50) gender balance;
Development councils and planning bodies. – to ensure the participation of women in all levels of development planning and program implementation, at least forty percent (40%) of
membership of all development councils from the regional, provincial, city, municipal and barangay levels shall be composed of women;
© other policy and decision-making bodies. – women’s groups shall also be represented in international, national, and local special and decision-making bodies;
International bodies. – the state shall take all appropriate measures to ensure the opportunity of women, on equal terms with men and without any discrimination, to represent their
governments at the international level and to participate in the work of international organizations;
€ integration of women in political parties. – the state shall provide incentives to political parties with women’s agenda. It shall likewise encourage the integration of women in their
leadership hierarchy, internal policy-making structures, appointive, and electoral nominating processes; and
(f) private sector. – the state shall take measures to encourage women leadership in the private sector in the form of incentives.
Section 12. Equal treatment before the law. – the state shall take steps to review and, when necessary, amend and/or repeal existing laws that are discriminatory to women within
three (3) years from the effectivity of this act.
Section 13. Equal access and elimination of discrimination in education, scholarships, and training. – (a) the state shall ensure that gender stereotypes and images in educational
materials and curricula are adequately and appropriately revised. Gender-sensitive language shall be used at all times. Capacity-building on gender and development (gad), peace
and human rights, education for teachers, and all those involved in the education sector shall be pursued toward this end. Partnerships between and among players of the
education sector, including the private sector, churches, and faith groups shall be encouraged.
Enrollment of women in nontraditional skills training in vocational and tertiary levels shall be encouraged.
© expulsion and non-readmission of women faculty due to pregnant;- outside of marriage shall be outlawed. No school shall turn out or refuse admission to a female student solely
on the account of her having contracted pregnancy outside of marriage during her term in school.
Section 14. Women in sports. – the state shall develop, establish, and strengthen programs for the participation of women and girl-children in competitive and noncompetitive sports
as a means to achieve excellence, promote physical and social well-being, eliminate gender-role stereotyping, and provide equal access to the full benefits of development for all
persons regardless of sex, gender identity, and other similar factors.
For this purpose, all sports-related organizations shall create guidelines that will establish and integrate affirmative action as a strategy and gender equality as a framework in
planning and implementing their policies, budgets, programs, and activities relating to the participation of women and girls in sports.
The state will also provide material and nonmaterial incentives to local government units, media organizations, and the private sector for promoting, training, and preparing women
and girls for participation in competitive and noncompetitive sports, especially in local and international events, including, but not limited to, the palarong pambansa, southeast asian
games, asian games, and the olympics.
No sports event or tournament will offer or award a different sports prize, with respect to its amount or value, to women and men winners in the same sports category: provided, that
the said tournament, contest, race, match, event, or game is open to both sexes: provided, further, that the sports event or tournament is divided into male or female divisions.
The state shall also ensure the safety and well-being of all women and girls participating in sports, especially, but not limited to, trainees, reserve members, members, coaches, and
mentors of national sports teams, whether in studying, training, or performance phases, by providing them comprehensive health and medical insurance coverage, as well as
integrated medical, nutritional, and healthcare services.
Schools, colleges, universities, or any other learning institution shall take into account its total women student population in granting athletic scholarship. There shall be a pro rata
representation of women in the athletic scholarship program based on the percentage of women in the whole student population.
Section 15. Women in the military. – the state shall pursue appropriate measures to eliminate discrimination of women in the military, police, and other similar services, including
revising or abolishing policies and practices that restrict women from availing of both combat and noncombat training that are open to men, or from taking on functions other than
administrative tasks, such as engaging in combat, security-related, or field operations. Women in the military shall be accorded the same promotional privileges and opportunities as
men, including pay increases, additional remunerations and benefits, and awards based on their competency and quality of performance. Towards this end, the state shall ensure
that the personal dignity of women shall always be respected.
Women in the military, police, and other similar services shall be provided with the same right to employment as men on equal conditions. Equally, they shall be accorded the same
capacity as men to act in and enter into contracts, including marriage.
Further, women in the military, police; and other similar services shall be entitled to leave benefits such as maternity leave, as provided for by existing laws.
Section 16. Nondiscriminatory and nonderogatory portrayal of women in media and film. – the state shall formulate policies and programs for the advancement of women in
collaboration with government and nongovernment media-related organizations. It shall likewise endeavor to raise the consciousness of the general public in recognizing the dignity
of women and the role and contribution of women in the family; community, and the society through the strategic use of mass media.
For this purpose, the state shall ensure allocation of space; airtime, and resources, strengthen programming, production, and image-making that appropriately present women’s
needs, issues, and concerns in all forms of media, communication, information dissemination, and advertising.
The state, in cooperation with all schools of journalism, information, and communication, as well as the national media federations and associations, shall require all media
organizations and corporations to integrate into their human resource development components regular training on gender equality and gender-based discrimination, create and use
gender equality guidelines in all aspects of management, training, production, information, dissemination, communication, and programming; and convene a gender equality
committee that will promote gender mainstreaming as a framework and affirmative action as a strategy, and monitor and evaluate the implementation of gender equality guidelines.
Section 17. Women’s right to health. – (a) comprehensive health services. – the state shall, at all times, provide for a comprehensive, culture-sensitive, and gender-responsive
health services and programs covering all stages of a woman’s life cycle and which addresses the major causes of women’s mortality and morbidity: provided, that in the provision
for comprehensive health services, due respect shall be accorded to women’s religious convictions, the rights of the spouses to found a family in accordance with their religious
convictions, and the demands of responsible parenthood, and the right of women to protection from hazardous drugs, devices, interventions, and substances.
Access to the following services shall be ensured:
Maternal care to include pre- and post-natal services to address pregnancy and infant health and nutrition;
Promotion of breastfeeding;
Responsible, ethical, legal, safe, and effective methods of family planning;
Family and state collaboration in youth sexuality education and health services without prejudice to the primary right and duty of parents to educate their children;
Prevention and management of reproductive tract infections, including sexually transmitted diseases, hiv, and aids;
Prevention and management of reproductive tract cancers like breast and cervical cancers, and other gynecological conditions and disorders;
Prevention of abortion and management of pregnancy-related complications;
In cases of violence against women and children, women and children victims and survivors shall be provided with comprehensive health services that include psychosocial,
therapeutic, medical, and legal interventions and assistance towards healing, recovery, and empowerment;
Prevention and management of infertility and sexual dysfunction pursuant to ethical norms and medical standards;
Care of the elderly women beyond their child-bearing years; and
Management, treatment, and intervention of mental health problems of women and girls. In addition, healthy lifestyle activities are encouraged and promoted through programs and
projects as strategies in the prevention of diseases.
Comprehensive health information and education. – the state shall provide women in all sectors with appropriate, timely, complete, and accurate information and education on all
the above-stated aspects of women’s health in government education and training programs, with due regard to the following:
The natural and primary right and duty of parents in the rearing of the youth and the development of moral character and the right of children to be brought up in an atmosphere of
morality and rectitude for the enrichment and strengthening of character;
The formation of a person’s sexuality that affirms human dignity; and
Ethical, legal, safe, and effective family planning methods including fertility awareness.
Section 18. Special leave benefits for women. – a woman employee having rendered continuous aggregate employment service of at least six (6) months for the last twelve (12)
months shall be entitled to a special leave benefit of two (2) months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders.
Section 19. Equal rights in all matters relating to marriage and family relations. – the state shall take all appropriate measures to eliminate discrimination against women in all
matters relating to marriage and family relations and shall ensure:
The same rights to enter into and leave marriages or common law relationships referred to under the family code without prejudice to personal or religious beliefs;
The same rights to choose freely a spouse and to enter into marriage only with their free and full consent. The betrothal and the marriage of a child shall have no legal effect;
© the joint decision on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights;
The same personal rights between spouses or common law spouses including the right to choose freely a profession and an occupation;
€ the same rights for both spouses or common law spouses in respect of the ownership, acquisition, management, administration, enjoyment, and disposition of property;
(f) the same rights to properties and resources, whether titled or not, and inheritance, whether formal or customary; and
(g) women shall have equal rights with men to acquire, change, or retain their nationality. The state shall ensure in particular that neither marriage to an alien nor change of
nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband. Various
statutes of other countries concerning dual citizenship that may be enjoyed equally by women and men shall likewise be considered.
Customary laws shall be respected: provided, however, that they do not discriminate against women.
Chapter v
Rights and empowerment of marginalized sectors
Women in marginalized sectors are hereby guaranteed all civil, political, social, and economic rights recognized, promoted, and protected under existing laws including, but not
limited to, the indigenous peoples rights act, the urban development and housing act, the comprehensive agrarian reform law, the fisheries code, the labor code, the migrant
workers act, the solo parents welfare act, and the social reform and poverty alleviation act.
Section 20. Food security and productive resources. – the state recognizes the contribution of women to food production and shall ensure its sustainability and sufficiency with the
active participation of women. Towards this end, the state shall guarantee, at all times, the availability in the market of safe and health-giving food to satisfy the dietary needs of the
population, giving particular attention to the specific needs of poor girl-children and marginalized women, especially pregnant and lactating mothers and their young children. To
further address this, the state shall ensure:
Right to food. – the state shall guarantee the availability of food in quantity and quality sufficient to satisfy the dietary needs of individuals, the physical and economic accessibility for
everyone to adequate food that is culturally acceptable and free from unsafe substances and culturally accepted, and the accurate and substantial information to the availability of
food, including the right to full, accurate, and truthful information about safe and health-giving foods and how to produce and have regular and easy access to them;
Right to resources for food production. – the state shall guarantee women a vital role in food production by giving priority to their rights to land, credit, and infrastructure support,
technical training, and technological and marketing assistance. The state shall promote women-friendly technology as a high priority activity in agriculture and shall promote the right
to adequate food by proactively engaging in activities intended to strengthen access to, utilization of, and receipt of accurate and substantial information on resources and means to
ensure women’s livelihood, including food security:
Equal status shall be given to women and men, whether married or not, in the titling of the land and issuance of stewardship contracts and patents;
Equal treatment shall be given to women and men beneficiaries of the agrarian reform program, wherein the vested right of a woman agrarian reform beneficiary is defined by a
woman’s relationship to tillage, i.e., her direct and indirect contribution to the development of the land;
Customary rights of women to the land, including access to and control of the fruits and benefits, shall be recognized in circumstances where private ownership is not possible, such
as ancestral domain claims:
Information and assistance in claiming rights to the land shall be made available to women at all times;
Equal rights to women to the enjoyment, use, and management of land, water, and other natural resources within their communities or ancestral domains;
Equal access to the use and management of fisheries and aquatic resources, and all the rights and benefits accruing to stakeholders in the fishing industry;
Equal status shall be given to women and men in the issuance of stewardship or lease agreements and other fishery rights that may be granted for the use and management of
coastal and aquatic resources. In the same manner, women’s organizations shall be given equal treatment as with other marginalized fishers organizations in the issuance of
stewardship or lease agreements or other fishery rights for the use and management of such coastal and aquatic resources which may include providing support to women-
engaged coastal resources;
There shall be no discrimination against women in the deputization of fish wardens;
Women-friendly and sustainable agriculture technology shall be designed based on accessibility and viability in consultation with women’s organizations;
Access to small farmer-based and controlled seeds production and distribution shall be ensured and protected;
Indigenous practices of women in seed storage and cultivation shall be recognized, encouraged, and protected;
Equal rights shall be given to women to be members of farmers’ organizations to ensure wider access to and control of the means of production;
Provide opportunities for empowering women fishers to be involved in the control and management, not only of the catch and production of aquamarine resources but also, to
engage in entrepreneurial activities which will add value to production and marketing ventures; and
Provide economic opportunities for the indigenous women. Particularly access to market for their produce.
In the enforcement of the foregoing, the requirements of law shall be observed at all times.
Section 21. Right to housing. – the state shall develop housing programs for women that are localized, simple, accessible, with potable water, and electricity, secure, with viable
employment opportunities and affordable amortization. In this regard, the state shall consult women and involve them in community planning and development, especially in matters
pertaining to land use, zoning, and relocation.
Section 22. Right to decent work. – the state shall progressively realize and ensure decent work standards for women that involve the creation of jobs of acceptable quality in
conditions of freedom, equity, security, and human dignity.
Decent work involves opportunities for work that are productive and fairly remunerative as family living wage, security in the workplace, and social protection for families, better
prospects for personal development and social integration, freedom for people to express their concerns organize, participate in the decisions that affect their lives, and equality of
opportunity and treatment for all women and men.
The state shall further ensure:
Support services and gears to protect them from occupational and health hazards taking into account women’s maternal functions;
Support services that will enable women to balance their family obligations and work responsibilities including, but not limited to, the establishment of day care centers and breast-
feeding stations at the workplace, and providing maternity leave pursuant to the labor code and other pertinent laws
Membership in unions regardless of status of employment and place of employment; and
Respect for the observance of indigenous peoples’ cultural practices even in the workplace.
© in recognition of the temporary nature of overseas work, the state shall exert all efforts to address the causes of out-migration by developing local employment and other
economic opportunities for women and by introducing measures to curb violence and forced and involuntary displacement of local women. The state shall ensure the protection and
promotion of the rights and welfare of migrant women regardless of their work status, and protect them against discrimination in wages, conditions of work, and employment
opportunities in host countries.
Section 23. Right to livelihood, credit, capital, and technology. – the state shall ensure that women are provided with the following:
Equal access to formal sources of credit and capital;
Equal share to the produce of farms and aquatic resources; and
© employment opportunities for returning women migrant workers taking into account their skills and qualifications. Corollarily, the state shall also promote skills and
entrepreneurship development of returning women migrant workers.
Section 24. Right to education and training. – the state shall ensure the following:
Women migrant workers have the opportunity to undergo skills training, if they so desire, before taking on a foreign job, and possible retraining upon return to the country:
Gender-sensitive training and seminars; and
© equal opportunities in scholarships based on merit and fitness, especially to those interested in research and development aimed towards women-friendly farm technology.
Section 25. Right to representation and participation. – the state shall ensure women’s participation in policy-making or decision-making bodies in the regional, national, and
international levels. It shall also ensure the participation of grassroots women leaders in decision and policy-making bodies in their respective sectors including, but not limited to,
the presidential agrarian reform council (parc) and its local counterparts; community-based resource management bodies or mechanisms on forest management and stewardship;
the national fisheries and aquatic resources management council (nfarmc) and its local counterparts; the national commission on indigenous peoples; the presidential commission
for the urban poor; the national anti-poverty commission; and, where applicable, the local housing boards.
Section 26. Right to information. – access to information regarding policies on women, including programs, projects, and funding outlays that affect them, shall be ensured.
Section 27. Social protection. –
The social security system (sss) and the philippine health insurance corporation (philhealth) shall support indigenous and community-based social protection schemes.
The state shall institute policies and programs that seek to reduce the poverty and vulnerability to risks and enhance the social status and rights of the marginalized women by
promoting and protecting livelihood and employment, protecting against hazards and sudden; loss of income, and improving people’s capacity to manage risks.
© the state shall endeavor to reduce and eventually eliminate transfer costs of remittances from abroad through appropriate bilateral and multilateral agreements. It shall likewise
provide access to investment opportunities for remittances in line with national development efforts.
The state shall establish a health insurance program for senior citizens and indigents.
€ the state shall support women with disabilities on a community-based social protection scheme.
Section 28. Recognition and preservation of cultural identity and integrity. – the state shall recognize and respect the rights of moro and indigenous women to practice, promote,
protect, and preserve their own culture, traditions, and institutions and to consider these rights in the formulation and implementation of national policies and programs. To this end,
the state shall adopt measures in consultation with the sectors concerned to protect their rights to their indigenous knowledge systems and practices, traditional livelihood, and other
manifestations of their cultures and ways of life: provided, that these cultural systems and practices are not discriminatory to women.
Section 29. Peace and development. – the peace process shall be pursued with the following considerations:
Increase the number of women participating in discussions and decision-making in the peace process, including membership in peace panels recognizing women’s role in conflict-
prevention and peace-making and in indigenous system of conflict resolution;
Ensure the development and inclusion of women’s welfare and concerns in the peace agenda in the overall peace strategy and women’s participation in the planning,
implementation, monitoring, and evaluation of rehabilitation and rebuilding of conflict-affected areas;
© the institution of measures to ensure the protection of civilians in conflict-affected communities with special consideration for the specific needs of women and girls:
Include the peace perspective in the education curriculum and other educational undertakings; and
€ the recognition and support for women’s role in conflict-prevention, management, resolution and peacemaking, and in indigenous systems of conflict resolution.
Section 30. Women in especially difficult circumstances. – for purposes of this act, “women in especially difficult circumstances” (wedc) shall refer to victims and survivors of sexual
and physical abuse, illegal recruitment, prostitution, trafficking, armed conflict, women in detention, victims and survivors of rape and incest, and such other related circumstances
which have incapacitated them functionally. Local government units are therefore mandated to deliver the necessary services and interventions to wedc under their respective
jurisdictions.
Section 31. Services and interventions. – wedc shall be provided with services and interventions as necessary such as, but not limited to, the following:
Temporary and protective custody;
Medical and dental services;
© psychological evaluation;Counseling;€ psychiatric evaluation;(f) legal services;(g) productivity skills capability building;(h) livelihood assistance;Job placement;Financial
assistance: andTransportation assistance.
Section 32. Protection of girl-children. – (a) the state shall pursue measures to eliminate all forms of discrimination against girl-children in education, health and nutrition, and skills
development. Girl-children shall be protected from all forms of abuse and exploitation.
© equal access of moro and indigenous girl-children in the madaris, schools of living culture and traditions, and the regular schools shall be ensured.
Gender-sensitive curriculum, including legal literacy, books, and curriculum in the madaris and schools of living culture and traditions shall be developed.
€ sensitivity of regular schools to particular moro and indigenous practices, such as fasting in the month of ramadan, choice of clothing (including the wearing of hijab), and
availability of halal food shall be ensured.
Section 33. Protection of senior citizens. – the state shall protect women senior citizens from neglect, abandonment, domestic violence, abuse, exploitation, and discrimination.
Towards this end, the state shall ensure special protective mechanisms and support services against violence, sexual abuse, exploitation, and discrimination of older women.
Section 34. Women are entitled to the recognition and protection of their rights defined and guaranteed under this act including their right to nondiscrimination.
Section 35. Discrimination against women is prohibited. – public and private entities and individuals found to have committed discrimination against women shall be subject to the
sanctions provided in section 41 hereof. Violations of other rights of women shall be subject to sanctions under pertinent laws and regulations.
Chapter vi
Institutional mechanisms
Section 36. Gender mainstreaming as a strategy for implementing the magna carta of women. – within a period prescribed in the implementing rules and regulations, the national
commission on the role of filipino women (ncrfw) shall assess its gender mainstreaming program for consistency with the standards under this act. It shall modify the program
accordingly to ensure that it will be an effective strategy for implementing this act and attaining its objectives.
All departments, including their attached agencies, offices, bureaus, state universities and colleges, government-owned and -controlled corporations, local government units, and
other government instrumentalities shall adopt gender mainstreaming as a strategy to promote women’s human rights and eliminate gender discrimination in their systems,
structures, policies, programs, processes, and procedures which shall include, but not limited to, the following:
Planning, budgeting, monitoring and evaluation for gad. Gad programs addressing gender issues and concerns shall be designed and implemented based on the mandate of
government agencies and local government units, republic act no. 7192, gender equality agenda of the government and other gad-related legislation, policies, and commitments.
The development of gad programs shall proceed from the conduct of a gender audit of the agency or the local government unit and a gender analysis of its policies, programs,
services and the situation of its clientele; the generation and review of sex-disaggregated data; and consultation with gender/women’s rights advocates and agency/women
clientele. The cost of implementing gad programs shall be the agency’s or the local government unit’s gad budget which shall be at least five percent (5%) of the agency’s or the
local government unit’s total budget appropriations.
Pursuant to republic act no. 7192, otherwise known as the women in development and nation building act, which allocates five percent (5%) to thirty percent (30%) of overseas
development assistance to gad, government agencies receiving official development assistance should ensure the allocation and proper utilization of such funds to gender-
responsive programs that complement the government gad funds and annually report accomplishments thereof to the national economic and development authority (neda) and the
philippine commission on women (pcw).
The utilization and outcome of the gad budget shall be annually monitored and evaluated in terms of its success in influencing the gender-responsive implementation of agency
programs funded by the remaining ninety-five percent (95%) budget.
The commission on audit (coa) shall conduct an annual audit on the use of the gad budget for the purpose of determining its judicious use and the efficiency, and effectiveness of
interventions in addressing gender issues towards the realization of the objectives of the country’s commitments, plans, and policies on women empowerment, gender equality, and
gad.
Local government units are also encouraged to develop and pass a gad code based on the gender issues and concerns in their respective localities based on consultation with their
women constituents and the women’s empowerment and gender equality agenda of the government. The gad code shall also serve as basis for identifying programs, activities, and
projects on gad.
Where needed, temporary gender equity measures shall be provided for in the plans of all departments, including their attached agencies, offices, bureaus, state universities and
colleges, government-owned and -controlled corporations, local government units, and other government instrumentalities.
To move towards a more sustainable, gender-responsive, and performance-based planning and budgeting, gender issues and concerns shall be integrated in, among others, the
following plans:
Macro socioeconomic plans such as the medium-term philippine development plan and medium-term philippine investment plan;
Annual plans of all departments, including their attached agencies, offices, bureaus, state universities and colleges, and government-owned and -controlled corporations; and
Local plans and agenda such as executive-legislative agenda, comprehensive development plan (cdp), comprehensive land use plan (clup), provincial development and physical
framework plan (pdpfp), and annual investment plan.
Creation and/or strengthening of the gad focal points (gfp). All departments, including their attached agencies, offices, bureaus, state universities and colleges, government- owned
and -controlled corporations, local government units, and other government instrumentalities shall establish or strengthen their gad focal point system or similar gad mechanism to
catalyze and accelerate gender mainstreaming within the agency or local government unit.
The gad focal point system shall be composed of the agency head or local chief executive, an executive committee with an undersecretary (or its equivalent), local government unit
official, or office in a strategic decision-making position as chair; and a technical working group or secretariat which is composed of representatives from various divisions or offices
within the agency or local government unit.
The tasks and functions of the members of the gfp shall form part of their regular key result areas and shall be given due consideration in their performance evaluation.
© generation and maintenance of gad database. All departments, including their attached agencies, offices, bureaus, state universities and colleges, government-owned and –
controlled corporations, local government units, and other government instrumentalities shall develop and maintain a gad database containing gender statistics and
sexdisaggregated data that have been systematically gathered, regularly updated; and subjected to; gender analysis for planning, programming, and policy formulation.
Section 37. Gender focal point officer in philippine embassies and consulates. – an officer duly trained on gad shall be designated as the gender focal point in the consular section
of philippine embassies or consulates. Said officer shall be primarily responsible in handling gender concerns of women migrant workers. Attached agencies shall cooperate in
strengthening the philippine foreign posts’ programs for the delivery of services to women migrant workers.
Section 38. National commission on the role of filipino women (ncrfw). – the national commission on the role of filipino women (ncrfw) shall be renamed as the philippine
commission on women (pcw), the primary policymaking and coordinating body of the women and gender equality concerns under the office of the president. The pcw shall be the
overall monitoring body and oversight to ensure the implementation of this act. In doing so, the pcw may direct any government agency and instrumentality, as may be necessary, to
report on the implementation of this act and for them to immediately respond to the problems brought to their attention in relation to this act. The pcw shall also lead in ensuring that
government agencies are capacitated on the effective implementation of this act. The chairperson shall likewise report to the president in cabinet meetings on the implementation of
this act.
To the extent possible, the pcw shall influence the systems, processes, and procedures of the executive, legislative, and judicial branches of government vis-à-vis gad to ensure the
implementation of this act.
To effectively and efficiently undertake and accomplish its functions, the pcw shall revise its structure and staffing pattern with the assistance of the department of budget and
management.
Section 39. Commission on human rights (chr). – the commission, acting as the gender and development ombud, consistent with its mandate, shall undertake measures such as
the following:
Monitor with the pcw and other state agencies, among others, in developing indicators and guidelines to comply with their duties related to the human rights of women, including
their right to nondiscrimination guaranteed under this act;
Designate one (1) commissioner and/or its women’s human rights center to be primarily responsible for formulating and implementing programs and activities related to the
promotion and protection of the human rights of women, including the investigations and complaints of discrimination and violations of their rights brought under this act and related
laws and regulations;
© establish guidelines and mechanisms, among others, that will facilitate access of women to legal remedies under this act and related laws, and enhance the protection and
promotion of the rights of women, especially marginalized women;
Assist in the filing of cases against individuals, agencies, institutions, or establishments that violate the provisions of this act; and
€ recommend to the president of the philippines or the civil service commission any possible administrative action based on noncompliance or failure to implement the provisions of
this act.
Section 40. Monitoring progress and implementation and impact of this act. – the pcw, in coordination with other state agencies and the chr, shall submit to congress regular reports
on the progress of the implementation of this act highlighting the impact thereof on the status and human rights of women: provided, that the second report shall include an
assessment of the effectiveness of this act and recommend amendments to improve its provisions: provided, finally, that these reports shall be submitted to congress every three (3)
years or as determined in the implementing rules and regulations.
Section 41. Penalties. – upon finding of the chr that a department, agency, or instrumentality of government, government-owned and -controlled corporation, or local government
unit has violated any provision of this act and its implementing rules and regulations, the sanctions under administrative law, civil service, or other appropriate laws shall be
recommended to the civil service commission and/or the department of the interior and local government. The person directly responsible for the violation as well as the head of the
agency or local chief executive shall be held liable under this act.
If the violation is committed by a private entity or individual, the person directly responsible for the violation shall be liable to pay damages.
Filing a complaint under this act shall not preclude the offended party from pursuing other remedies available under the law and to invoke any of the provisions of existing laws
especially those recently enacted laws protecting women and children, including the women in development and nation building act (republic act no. 7192), the special protection of
children against child abuse, exploitation and discrimination act (republic act no. 7610), the anti-sexual harassment act of 1995 (republic act no. 7877), the anti-rape law of 1997
(republic act no. 8353), the rape victim assistance and protection act of 1998 (republic act no. 8505), the anti-trafficking in persons act of 2003 (republic act no. 9208) and the anti-
violence against women and their children act of 2004 (republic act no. 9262). If violence has been proven to be perpetrated by agents of the state including, but not limited to,
extrajudicial killings, enforced disappearances, torture, and internal displacements, such shall be considered aggravating offenses with corresponding penalties depending on the
severity of the offenses.
Section 42. Incentives and awards. – there shall be established an incentives and awards system which shall be administered by a board under such rules and regulations as may
be promulgated by the pcw to deserving entities, government agencies, and local government units for their outstanding performance in upholding the rights of women and effective
implementation of gender-responsive programs.
Section 43. Funding. – the initial funding requirements for the implementation of this act shall be charged against the current appropriations of the agencies concerned. Thereafter,
such sums as may be necessary for the implementation of this act shall be included in the agencies’ yearly budgets under the general appropriations act.
The state shall prioritize allocation of all available resources to effectively fulfill its obligations specified under this act. The state agencies’ gad budgets, which shall be at least five
percent (5%) of their total budgetary allocation, shall also be utilized for the programs and activities to implement this act.
Section 44. Implementing rules and regulations. – as the lead agency, the pcw shall, in coordination with the commission on human rights and all concerned government
departments and agencies including, as observers, both houses of congress through the committee on youth, women and family relations (senate) and the committee on women
and gender equality (house of representatives) and with the participation of representatives from nongovernment organizations (ngos) and civil society groups with proven track
record of involvement and promotion of the rights and welfare of filipino women and girls identified by the pcw, formulate the implementing rules and regulations (irr) of this act within
one hundred eighty (180) days after its effectivity.
E) REPUBLIC ACT NO. 10364
An act expanding republic act no. 9208, entitled “an act to institute policies to eliminate trafficking in persons especially women and children, establishing the necessary institutional
mechanisms for the protection and support of trafficked persons, providing penalties for its violations and for other purposes”
Be it enacted by the senate and house of representatives of the philippines in congress assembled:
Section 1. Short title. – this act shall be known as the “expanded anti-trafficking in persons act of 2012″.
Section 2. Section 2 of republic act no. 9208 is hereby amended to read as follows:
“sec. 2. Declaration of policy. – it is hereby declared that the state values the dignity of every human person and guarantees the respect of individual rights. In pursuit of this policy,
the state shall give highest priority to the enactment of measures and development of programs that will promote human dignity, protect the people from any threat of violence and
exploitation, eliminate trafficking in persons, and mitigate pressures for involuntary migration and servitude of persons, not only to support trafficked persons but more importantly, to
ensure their recovery, rehabilitation and reintegration into the mainstream of society.
“it shall be a state policy to recognize the equal rights and inherent human dignity of women and men as enshrined in the united nations universal declaration on human rights,
united nations convention on the elimination of all forms of discrimination against women, united nations convention on the rights of the child, united nations convention on the
protection of migrant workers and their families, united nations convention against transnational organized crime including its protocol to prevent, suppress and punish trafficking in
persons, especially women and children and all other relevant and universally accepted human rights instruments and other international conventions to which the philippines is a
signatory.”
Section 3. Section 3 of republic act no. 9208 is hereby amended to read as follows:
“sec. 3. Definition of terms. – as used in this act:
“(a) trafficking in persons – refers to the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons with or without the
victim’s consent or knowledge, within or across national borders by means of threat, or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of
position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person
for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs.
“the recruitment, transportation, transfer, harboring, adoption or receipt of a child for the purpose of exploitation or when the adoption is induced by any form of consideration for
exploitative purposes shall also be considered as ‘trafficking in persons’ even if it does not involve any of the means set forth in the preceding paragraph.
“(b) child – refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is unable to fully take care of or protect himself/herself from abuse, neglect,
cruelty, exploitation, or discrimination because of a physical or mental disability or condition.
“© prostitution – refers to any act, transaction, scheme or design involving the use of a person by another, for sexual intercourse or lascivious conduct in exchange for money, profit
or any other consideration.
“(d) forced labor – refers to the extraction of work or services from any person by means of enticement, violence, intimidation or threat, use of, force or coercion, including
deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception including any work or service extracted from any person under the menace of penalty.
“€ slavery – refers to the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised.
“(f) involuntary servitude – refers to a condition of enforced and compulsory service induced by means of any scheme, plan or pattern, intended to cause a person to believe that if
he or she did not enter into or continue in such condition, he or she or another person would suffer serious harm or other forms of abuse or physical restraint, or threat of abuse or
harm, or coercion including depriving access to travel documents and withholding salaries, or the abuse or threatened abuse of the legal process.
“(g) sex tourism – refers to a program organized by travel and tourism-related establishments and individuals which consists of tourism packages or activities, utilizing and offering
escort and sexual services as enticement for tourists. This includes sexual services and practices offered during rest and recreation periods for members of the military.
“(h) sexual exploitation – refers to participation by a person in prostitution, pornography or the production of pornography, in exchange for money, profit or any other consideration or
where the participation is caused or facilitated by any means of intimidation or threat, use of force, or other forms of coercion, abduction, fraud, deception, debt bondage, abuse of
power or of position or of legal process, taking advantage of the vulnerability of the person, or giving or receiving of payments or benefits to achieve the consent of a person having
control over another person; or in sexual intercourse or lascivious conduct caused or facilitated by any means as provided in this act.
“(i) debt bondage – refers to the pledging by the debtor of his/her personal services or labor or those of a person under his/her control as security or payment for a debt, when the
length and nature of services is not clearly defined or when the value of the services as reasonably assessed is not applied toward the liquidation of the debt.
“(j) pornography – refers to any representation, through publication, exhibition, cinematography, indecent shows, information technology, or by whatever means, of a person
engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person for primarily sexual purposes.
“(k) council – shall mean the inter-agency council against trafficking created under section 20 of this act.”
Section 4. Section 4 of republic act no. 9208 is hereby amended to read as follows:
“sec. 4. Acts of trafficking in persons. – it shall be unlawful for any person, natural or juridical, to commit any of the following acts:
“(a) to recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or receive a person by any means, including those done under the pretext of domestic or overseas
employment or training or apprenticeship, for the purpose of prostitution, pornography, or sexual exploitation;
“(b) to introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under republic act no. 6955, any filipino woman to a foreign
national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
“© to offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation,
forced labor or slavery, involuntary servitude or debt bondage;
“(d) to undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or
sexual exploitation;
“€ to maintain or hire a person to engage in prostitution or pornography;
“(f) to adopt persons by any form of consideration for exploitative purposes or to facilitate the same for purposes of prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
“(g) to adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
“(h) to recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer, receive or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion,
or intimidation for the purpose of removal or sale of organs of said person;
“(i) to recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive or adopt a child to engage in armed activities in the philippines or abroad;
“(j) to recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide or receive a person by means defined in section 3 of this act for purposes of forced labor, slavery, debt
bondage and involuntary servitude, including a scheme, plan, or pattern intended to cause the person either:
“(1) to believe that if the person did not perform such labor or services, he or she or another person would suffer serious harm or physical restraint; or
“(2) to abuse or threaten the use of law or the legal processes; and
“(k) to recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt or receive a child for purposes of exploitation or trading them, including but not limited to, the act
of baring and/or selling a child for any consideration or for barter for purposes of exploitation. Trafficking for purposes of exploitation of children shall include:
“(1) all forms of slavery or practices similar to slavery, involuntary servitude, debt bondage and forced labor, including recruitment of children for use in armed conflict;
“(2) the use, procuring or offering of a child for prostitution, for the production of pornography, or for pornographic performances;
“(3) the use, procuring or offering of a child for the production and trafficking of drugs; and
“(4) the use, procuring or offering of a child for illegal activities or work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or
morals; and
“(l) to organize or direct other persons to commit the offenses defined as acts of trafficking under this act.”
Section 5. A new section 4-a is hereby inserted in republic act no. 9208, to read as follows:
“sec. 4-a. Attempted trafficking in persons. – where there are acts to initiate the commission of a trafficking offense but the offender failed to or did not execute all the elements of
the crime, by accident or by reason of some cause other than voluntary desistance, such overt acts shall be deemed as an attempt to commit an act of trafficking in persons. As
such, an attempt to commit any of the offenses enumerated in section 4 of this act shall constitute attempted trafficking in persons.
“in cases where the victim is a child, any of the following acts shall also be deemed as attempted trafficking in persons:
“(a) facilitating the travel of a child who travels alone to a foreign country or territory without valid reason therefor and without the required clearance or permit from the department
of social welfare and development, or a written permit or justification from the child’s parent or legal guardian;
“(b) executing, for a consideration, an affidavit of consent or a written consent for adoption;
“© recruiting a woman to bear a child for the purpose of selling the child;
“(d) simulating a birth for the purpose of selling the child; and
“€ soliciting a child and acquiring the custody thereof through any means from among hospitals, clinics, nurseries, daycare centers, refugee or evacuation centers, and low-income
families, for the purpose of selling the child.”
Section 6. A new section 4-b is hereby inserted in republic act no. 9208, to read as follows:
“sec. 4-b. Accomplice liability. – whoever knowingly aids, abets, cooperates in the execution of the offense by previous or simultaneous acts defined in this act shall be punished in
accordance with the provisions of section 10© of this act.”
Section 7. A new section 4-c is hereby inserted in republic act no. 9208, to read as follows:
“sec. 4-c. Accessories. – whoever has the knowledge of the commission of the crime, and without having participated therein, either as principal or as accomplices, take part in its
commission in any of the following manners:
“(a) by profiting themselves or assisting the offender to profit by the effects of the crime;
“(b) by concealing or destroying the body of the crime or effects or instruments thereof, in order to prevent its discovery;
“© by harboring, concealing or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his or her public functions or is known to be habitually
guilty of some other crime.
“acts defined in this provision shall be punished in accordance with the provision of section 10(d) as stated thereto.”
Section 8. Section 5 of republic act no. 9208 is hereby amended to read as follows:
“sec. 5. Acts that promote trafficking in persons. – the following acts which promote or facilitate trafficking in persons, shall be unlawful:
“(b) to produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers, overseas employment certificates or other certificates of any
government agency which issues these certificates, decals and such other markers as proof of compliance with government regulatory and pre-departure requirements for the
purpose of promoting trafficking in persons;
“(h) to tamper with, destroy, or cause the destruction of evidence, or to influence or attempt to influence witnesses, in an investigation or prosecution of a case under this act;
“(i) to destroy, conceal, remove, confiscate or possess, or attempt to destroy, conceal, remove, confiscate or possess, any actual or purported passport or other travel, immigration
or working permit or document, or any other actual or purported government identification, of any person in order to prevent or restrict, or attempt to prevent or restrict, without lawful
authority, the person’s liberty to move or travel in order to maintain the labor or services of that person; or
“(j) to utilize his or her office to impede the investigation, prosecution or execution of lawful orders in a case under this act.”
Section 9. Section 6 of republic act no. 9208 is hereby amended to read as follows:
“sec. 6. Qualified trafficking in persons. – violations of section 4 of this act shall be considered as qualified trafficking:
“(d) when the offender is a spouse, an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a
public officer or employee;
“(f) when the offender is a member of the military or law enforcement agencies;
“(g) when by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with human immunodeficiency virus
(hiv) or the acquired immune deficiency syndrome (aids);
“(h) when the offender commits one or more violations of section 4 over a period of sixty (60) or more days, whether those days are continuous or not; and
“(i) when the offender directs or through another manages the trafficking victim in carrying out the exploitative purpose of trafficking.”
Section 10. Section 7 of republic act no. 9208 is hereby amended to read as follows:
“sec. 7. Confidentiality. – at any stage of the investigation, rescue, prosecution and trial of an offense under this act, law enforcement officers, prosecutors, judges, court personnel,
social workers and medical practitioners, as well as parties to the case, shall protect the right to privacy of the trafficked person. Towards this end, law enforcement officers,
prosecutors and judges to whom the complaint has been referred may, whenever necessary to ensure a fair and impartial proceeding, and after considering all circumstances for
the best interest of the parties, order a closed-door investigation, prosecution or trial. The name and personal circumstances of the trafficked person or any other information tending
to establish the identity of the trafficked person and his or her family shall not be disclosed to the public.
“it shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in case of television and radio, producer and director of a
film in case of the movie industry, or any person utilizing tri-media facilities or electronic information technology to cause publicity of the name, personal circumstances, or any
information tending to establish the identity of the trafficked person except when the trafficked person in a written statement duly notarized knowingly, voluntarily and willingly waives
said confidentiality.
“law enforcement officers, prosecutors, judges, court personnel, social workers and medical practitioners shall be trained on the importance of maintaining confidentiality as a
means to protect the right to privacy of victims and to encourage victims to file complaints.”
Section 11. Section 8 of republic act no. 9208 is hereby amended to read as follows:
“sec. 8. Initiation and prosecution of cases. –
“(a) initiation of investigation. – law enforcement agencies are mandated to immediately initiate investigation and counter-trafficking-intelligence gathering upon receipt of statements
or affidavit from victims of trafficking, migrant workers, or their families who are in possession of knowledge or information about trafficking in persons cases.
“(b) prosecution of cases. – any person who has personal knowledge of the commission of any offense under this act, such as the trafficked person, the parents, spouse, siblings,
children or legal guardian may file a complaint for trafficking.
“© affidavit of desistance. – cases involving trafficking in persons should not be dismissed based on the affidavit of desistance executed by the victims or their parents or legal
guardians. Public and private prosecutors are directed to oppose and manifest objections to motions for dismissal.
“any act involving the means provided in this act or any attempt thereof for the purpose of securing an affidavit of desistance from the complainant shall be punishable under this
act.”
Section 12. Section 10 of republic act no. 9208 is hereby amended to read as follows:
“sec. 10. Penalties and sanctions. – the following penalties and sanctions are hereby established for the offenses enumerated in this act:
“(a) any person found guilty of committing any of the acts enumerated in section 4 shall suffer the penalty of imprisonment of twenty (20) years and a fine of not less than one million
pesos (p1,000,000.00) but not more than two million pesos (p2,000,000.00);
“(b) any person found guilty of committing any of the acts enumerated in section 4-a of this act shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less
than five hundred thousand pesos (p500,000.00) but not more than one million pesos (p1,000,000.00);
“© any person found guilty of section 4-b of this act shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than five hundred thousand pesos
(p500,000.00) but not more than one million pesos (p1,000,000.00);
“in every case, conviction shall cause and carry the automatic revocation of the license or registration of the recruitment agency involved in trafficking. The license of a recruitment
agency which trafficked a child shall be automatically revoked.
“(d) any person found, guilty of committing any of the acts enumerated in section 5 shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than five
hundred thousand pesos (p500,000.00) but not more than one million pesos (p1,000,000.00);
“€ any person found guilty of qualified trafficking under section 6 shall suffer the penalty of life imprisonment and a fine of not less than two million pesos (p2,000,000.00) but not
more than five million pesos (p5,000,000.00);
“(f) any person who violates section 7 hereof shall suffer the penalty of imprisonment of six (6) years and a fine of not less than five hundred thousand pesos (p500,000.00) but not
more than one million pesos (p1,000,000.00);
“(g) if the offender is a corporation, partnership, association, club, establishment or any juridical person, the penalty shall be imposed upon the owner, president, partner, manager,
and/or any responsible officer who participated in the commission of the crime or who shall have knowingly permitted or failed to prevent its commission;
“(h) the registration with the securities and exchange commission (sec) and license to operate of the erring agency, corporation, association, religious group, tour or travel agent,
club or establishment, or any place of entertainment shall be cancelled and revoked permanently. The owner, president, partner or manager thereof shall not be allowed to operate
similar establishments in a different name;
“(i) if the offender is a foreigner, he or she shall be immediately deported after serving his or her sentence and be barred permanently from entering the country;
“(j) any employee or official of government agencies who shall issue or approve the issuance of travel exit clearances, passports, registration certificates, counseling certificates,
marriage license, and other similar documents to persons, whether juridical or natural, recruitment agencies, establishments or other individuals or groups, who fail to observe the
prescribed procedures and the requirement as provided for by laws, rules and regulations, shall be held administratively liable, without prejudice to criminal liability under this act.
The concerned government official or employee shall, upon conviction, be dismissed from the service and be barred permanently to hold public office. His or her retirement and
other benefits shall likewise be forfeited; and
“(k) conviction, by final judgment of the adopter for any offense under this act shall result in the immediate rescission of the decree of adoption.”
Section 13. Section 11 of republic act no. 9208 is hereby amended to read as follows:
“sec. 11. Use of trafficked persons. – any person who buys or engages the services of a trafficked person for prostitution shall be penalized with the following: provided, that the
probation law (presidential decree no. 968) shall not apply:
“(a) prision correccional in its maximum period to prision mayor or six (6) years to twelve (12) years imprisonment and a fine of not less than fifty thousand pesos (p50,000.00) but
not more than one hundred thousand pesos (p100,000.00): provided, however, that the following acts shall be exempted thereto:
“(1) if an offense under paragraph (a) involves sexual intercourse or lascivious conduct with a child, the penalty shall be reclusion temporal in its medium period to reclusion
perpetua or seventeen (17) years to forty (40) years imprisonment and a fine of not less than five hundred thousand pesos (p500,000.00) but not more than one million pesos
(p1,000,000.00);
“(2) if an offense under paragraph (a) involves carnal knowledge of, or sexual intercourse with, a male or female trafficking victim and also involves the use of force or intimidation,
to a victim deprived of reason or to an unconscious victim, or a victim under twelve (12) years of age, instead of the penalty prescribed in the subparagraph above the penalty shall
be a fine of not less than one million pesos (p1,000,000.00) but not more than five million pesos (p5,000,000.00) and imprisonment of reclusion perpetua or forty (40) years
imprisonment with no possibility of parole; except that if a person violating paragraph (a) of this section knows the person that provided prostitution services is in fact a victim of
trafficking, the offender shall not be likewise penalized under this section but under section 10 as a person violating section 4; and if in committing such an offense, the offender also
knows a qualifying circumstance for trafficking, the offender shall be penalized under section 10 for qualified trafficking. If in violating this section the offender also violates section 4,
the offender shall be penalized under section 10 and, if applicable, for qualified trafficking instead of under this section;
“(b) deportation. – if a foreigner commits any offense described by paragraph (1) or (2) of this section or violates any pertinent provision of this act as an accomplice or accessory to,
or by attempting any such offense, he or she shall be immediately deported after serving his or her sentence and be barred permanently from entering the country; and
“© public official. – if the offender is a public official, he or she shall be dismissed from service and shall suffer perpetual absolute disqualification to hold public, office, in addition to
any imprisonment or fine received pursuant to any other provision of this act.”
Section 14. Section 12 of republic act no. 9208 is hereby amended to read as follows:
“sec. 12. Prescriptive period. – trafficking cases under this act shall prescribe in ten (10) years: provided, however, that trafficking cases committed by a syndicate or in a large scale
as defined under section 6, or against a child, shall prescribe in twenty (20) years.
“the prescriptive period shall commence to run from the day on which the trafficked person is delivered or released from the conditions of bondage, or in the case of a child victim,
from the day the child reaches the age of majority, and shall be interrupted by the filing of the complaint or information and shall commence to run again when the proceedings
terminate without the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to the accused.”
Section 15. Section 16 of republic act no. 9208 is hereby amended to read as follows:
“sec. 16. Programs that address trafficking in persons. – the government shall establish and implement preventive, protective and rehabilitative programs for trafficked persons. For
this purpose, the following agencies are hereby mandated to implement the following programs:
“(a) department of foreign affairs (dfa) – shall make available its resources and facilities overseas for trafficked persons regardless of their manner of entry to the receiving country,
and explore means to further enhance its assistance in eliminating trafficking activities through closer networking with government agencies in the country and overseas, particularly
in the formulation of policies and implementation of relevant programs. It shall provide filipino victims of trafficking overseas with free legal assistance and counsel to pursue legal
action against his or her traffickers, represent his or her interests in any criminal investigation or prosecution, and assist in the application for social benefits and/or regular
immigration status as may be allowed or provided for by the host country. The dfa shall repatriate trafficked filipinos with the consent of the victims.
“the dfa shall take necessary measures for the efficient implementation of the electronic passporting system to protect the integrity of philippine passports, visas and other travel
documents to reduce the incidence of trafficking through the use of fraudulent identification documents.
“in coordination with the department of labor and employment, it shall provide free temporary shelters and other services to filipino victims of trafficking overseas through the migrant
workers and other overseas filipinos resource centers established overseas under republic act no. 8042, as amended.
“(b) department of social welfare and development (dswd) – shall implement rehabilitative and protective programs for trafficked persons. It shall provide counseling and temporary
shelter to trafficked persons and develop a system for accreditation among ngos for purposes of establishing centers and programs for intervention in various levels of the
community. It shall establish free temporary shelters, for the protection and housing of trafficked persons to provide the following basic services to trafficked persons:
“(1) temporary housing and food facilities;
“(2) psychological support and counseling;
“(3) 24-hour call center for crisis calls and technology-based counseling and referral system;
“(4) coordination with local law enforcement entities; and
“(5) coordination with the department of justice, among others.
“the dswd must conduct information campaigns in communities and schools teaching parents and families that receiving consideration in exchange for adoption is punishable under
the law. Furthermore, information campaigns must be conducted with the police that they must not induce poor women to give their children up for adoption in exchange for
consideration.
“© department of labor and employment (dole) – shall ensure the strict implementation and compliance with the rules and guidelines relative to the employment of persons locally
and overseas. It shall likewise monitor, document and report cases of trafficking in persons involving employers and labor recruiters.
“(d) department of justice (doj) – shall ensure the prosecution of persons accused of trafficking and designate and train special prosecutors who shall handle and prosecute cases of
trafficking. It shall also establish a mechanism for free legal assistance for trafficked persons, in coordination with the dswd, integrated bar of the philippines (ibp) and other ngos
and volunteer groups.
“€ philippine commission on women (pcw) – shall actively participate and coordinate in the formulation and monitoring of policies addressing the issue of trafficking in persons in
coordination with relevant government agencies. It shall likewise advocate for the inclusion of the issue of trafficking in persons in both its local and international advocacy for
women’s issues.
“(f) bureau of immigration (bi) – shall strictly administer and enforce immigration and alien administration laws. It shall adopt measures for the apprehension of suspected traffickers
both at the place of arrival and departure and shall ensure compliance by the filipino fiancés/fiancées and spouses of foreign nationals with the guidance and counseling
requirement as provided for in this act.
“(g) philippine national police (pnp) and national bureau of investigation (nbi) – shall be the primary law enforcement agencies to undertake surveillance, investigation and arrest of
individuals or persons suspected to be engaged in trafficking. They shall closely coordinate with each other and with other law enforcement agencies to secure concerted efforts for
effective investigation and apprehension of suspected traffickers. They shall also establish a system to receive complaints and calls to assist trafficked persons and conduct rescue
operations.
“(h) philippine overseas employment administration (poea) and overseas workers and welfare administration (owwa) – poea shall implement pre-employment orientation seminars
(peos) while pre-departure orientation seminars (pdos) shall be conducted by the owwa. It shall likewise formulate a system of providing free legal assistance to trafficked persons,
in coordination with the dfa.
“the poea shall create a blacklist of recruitment agencies, illegal recruiters and persons facing administrative, civil and criminal complaints for trafficking filed in the receiving country
and/or in the philippines and those agencies, illegal recruiters and persons involved in cases of trafficking who have been rescued by the dfa and dole in the receiving country or in
the philippines even if no formal administrative, civil or criminal complaints have been filed: provided, that the rescued victims shall execute an affidavit attesting to the acts violative
of the anti-trafficking law. This blacklist shall be posted in conspicuous places in concerned government agencies and shall be updated bi-monthly.
“the blacklist shall likewise be posted by the poea in the shared government information system, which is mandated to be established under republic act no. 8042, as amended.
“the poea and owwa shall accredit ngos and other service providers to conduct peos and pdos, respectively. The peos and pdos should include the discussion and distribution of the
blacklist.
“the license or registration of a recruitment agency that has been blacklisted may be suspended by the poea upon a review of the complaints filed against said agency.
“(i) department of the interior and local government (dilg) – shall institute a systematic information and prevention campaign in coordination with pertinent agencies of government
as provided for in this act. It shall provide training programs to local government units, in coordination with the council, in ensuring wide understanding and application of this act at
the local level.
“(j) commission on filipinos overseas – shall conduct pre-departure counseling services for Filipinos in intermarriages. It shall develop a system for accreditation of ngos that may be
mobilized for purposes of conducting pre-departure counseling services for Filipinos in intermarriages. As such, it shall ensure that the counselors contemplated under this act shall
have the minimum qualifications and training of guidance counselors as provided for by law.
“it shall likewise assist in the conduct of information campaigns against trafficking in coordination with local government units, the Philippine information agency, and ngos.
“(k) local government units (lgus) – shall monitor and document cases of trafficking in persons in their areas of jurisdiction, effect the cancellation of licenses of establishments which
violate the provisions of this act and ensure effective prosecution of such cases. They shall also undertake an information campaign against trafficking in persons through the
establishment of the migrants advisory and information network (main) desks in municipalities or provinces in coordination with the dilg, philippine information agency (pia),
commission on filipinos overseas (cfo), ngos and other concerned agencies. They shall encourage and support community-based initiatives which address the trafficking in persons.
“in implementing this act, the agencies concerned may seek and enlist the assistance of ngos, people’s organizations (pos), civic organizations and other volunteer groups.”
Section 16. A new section 16-a is hereby inserted into republic act no. 9208, to read as follows:
“sec. 16-a. Anti-trafficking in persons database. – an anti-trafficking in persons central database shall be established by the inter-agency council against trafficking created under
section 20 of this act. The council shall submit a report to the president of the philippines and to congress, on or before january 15 of every year, with respect to the preceding year’s
programs and data on trafficking-related cases.
“all government agencies tasked under the law to undertake programs and render assistance to address trafficking in persons shall develop their respective monitoring and data
collection systems, and databases, for purposes of ensuring efficient collection and storage of data on cases of trafficking in persons handled by their respective offices. Such data
shall be submitted to the council for integration in a central database system.
“for this purpose, the council is hereby tasked to ensure the harmonization and standardization of databases, including minimum data requirements, definitions, reporting formats,
data collection systems, and data verification systems. Such databases shall have, at the minimum, the following information:
“(a) the number of cases of trafficking in persons, sorted according to status of cases, including the number of cases being investigated, submitted for prosecution, dropped, and
filed and/or pending before the courts and the number of convictions and acquittals;
“(b) the profile/information on each case;
“© the number of victims of trafficking in persons referred to the agency by destination countries/areas and by area of origin; and
“(d) disaggregated data on trafficking victims and the accused/defendants.”
Section 17. Section 17 of republic act no. 9208 is hereby amended to read as follows:
“sec. 17. Legal protection to trafficked persons. – trafficked persons shall be recognized as victims of the act or acts of trafficking and as such, shall not be penalized for unlawful
acts committed as a direct result of, or as an incident or in relation to, being trafficked based on the acts of trafficking enumerated in this act or in obedience to the order made by
the trafficker in relation thereto. In this regard, the consent of a trafficked person to the intended exploitation set forth in this act shall be irrelevant.
“victims of trafficking for purposes of prostitution as defined under section 4 of this act are not covered by article 202 of the revised penal code and as such, shall not be prosecuted,
fined, or otherwise penalized under the said law.”
Section 18. A new section 17-a is hereby inserted into republic act no. 9208, to read as follows:
“sec. 17-a. Temporary custody of trafficked victims. – the rescue of victims should be done as much as possible with the assistance of the dswd or an accredited ngo that services
trafficked victims. A law enforcement officer, on a reasonable suspicion that a person is a victim of any offense defined under this act including attempted trafficking, shall
immediately place that person in the temporary custody of the local social welfare and development office, or any accredited or licensed shelter institution devoted to protecting
trafficked persons after the rescue.”
Section 19. A new section 17-b is hereby inserted into republic act no. 9208, to read as follows:
“sec. 17-b. Irrelevance of past sexual behavior, opinion thereof or reputation of victims and of consent of victims in cases of deception, coercion and other prohibited means. – the
past sexual behavior or the sexual predisposition of a trafficked person shall be considered inadmissible in evidence for the purpose of proving consent of the victim to engage in
sexual behavior, or to prove the predisposition, sexual or otherwise, of a trafficked person. Furthermore, the consent of a victim of trafficking to the intended exploitation shall be
irrelevant where any of the means set forth in section 3(a) of this act has been used.”
Section 20. A new section 17-c is hereby inserted into republic act no. 9208, to read as follows:
“sec. 17-c. Immunity from suit, prohibited acts and injunctive remedies. – no action or suit shall be brought, instituted or maintained in any court or tribunal or before any other
authority against any: (a) law enforcement officer; (b) social worker; or (c) person acting in compliance with a lawful order from any of the above, for lawful acts done or statements
made during an authorized rescue operation, recovery or rehabilitation/intervention, or an investigation or prosecution of an anti-trafficking case: provided, that such acts shall have
been made in good faith.
“the prosecution of retaliatory suits against victims of trafficking shall be held in abeyance pending final resolution and decision of criminal complaint for trafficking.
“it shall be prohibited for the dfa, the dole, and the poea officials, law enforcement officers, prosecutors and judges to urge complainants to abandon their criminal, civil and
administrative complaints for trafficking.
“the remedies of injunction and attachment of properties of the traffickers, illegal recruiters and persons involved in trafficking may be issued motu proprio by judges.”
Section 21. Section 20 of republic act no. 9208 is hereby amended to read as follows:
“sec. 20. Inter-agency council against trafficking. – there is hereby established an inter-agency council against trafficking, to be composed of the secretary of the department of
justice as chairperson and the secretary of the department of social welfare and development as co-chairperson and shall have the following as members:
“(a) secretary, department of foreign affairs;“(b) secretary, department of labor and employment;“© secretary, department of the interior and local government;
“(d) administrator, philippine overseas employment administration;“€ commissioner, bureau of immigration;“(f) chief, philippine national police;“(g) chairperson, philippine
commission on women;“(h) chairperson, commission on filipinos overseas;“(i) executive director, philippine center for transnational crimes; and
“(j) three (3) representatives from ngos, who shall include one (1) representative each from among the sectors representing women, overseas filipinos, and children, with a proven
record of involvement in the prevention and suppression of trafficking in persons. These representatives shall be nominated by the government agency representatives of the
council, for appointment by the president for a term of three (3) years.
“the members of the council may designate their permanent representatives who shall have a rank not lower than an assistant secretary or its equivalent to meetings, and shall
receive emoluments as may be determined by the council in accordance with existing budget and accounting rules and regulations.”
Section 22. Section 22 of republic act no. 9208 is hereby amended to read as follows:
“sec. 22. Secretariat to the council. – the department of justice shall establish the necessary secretariat for the council.
“the secretariat shall provide support for the functions and projects of the council. The secretariat shall be headed by an executive director, who shall be appointed by the secretary
of the doj upon the recommendation of the council. The executive director must have adequate knowledge on, training and experience in the phenomenon of and issues involved in
trafficking in persons and in the field of law, law enforcement, social work, criminology, or psychology.
“the executive director shall be under the supervision of the inter-agency council against trafficking through its chairperson and co-chairperson, and shall perform the following
functions:
“(a) act as secretary of the council and administrative officer of its secretariat;
“(b) advise and assist the chairperson in formulating and implementing the objectives, policies, plans and programs of the council, including those involving mobilization of
government offices represented in the council as well as other relevant government offices, task forces, and mechanisms;
“© serve as principal assistant to the chairperson in the overall supervision of council administrative business;
“(d) oversee all council operational activities;
“€ ensure an effective and efficient performance of council functions and prompt implementation of council objectives, policies, plans and programs;
“(f) propose effective allocations of resources for implementing council objectives, policies, plans and programs;
“(g) submit periodic reports to the council on the progress of council objectives, policies, plans and programs;
“(h) prepare annual reports of all council activities; and
“(i) perform other duties as the council may assign.”
Section 23. A new section 26-a is hereby inserted into republic act no. 9208, to read as follows:
“sec. 26-a. Extra-territorial jurisdiction. – the state shall exercise jurisdiction over any act defined and penalized under this act, even if committed outside the philippines and whether
or not such act or acts constitute an offense at the place of commission, the crime being a continuing offense, having been commenced in the philippines and other elements having
been committed in another country, if the suspect or accused:
“(a) is a filipino citizen; or
“(b) is a permanent resident of the philippines; or
“© has committed the act against a citizen of the philippines.
“no prosecution may be commenced against a person under this section if a foreign government, in accordance with jurisdiction recognized by the philippines, has prosecuted or is
prosecuting such person for the conduct constituting such offense, except upon the approval of the secretary of justice.
“the government may surrender or extradite persons accused of trafficking in the philippines to the appropriate international court if any, or to another state pursuant to the
applicable extradition laws and treaties.”
LAWS GOVERNING GAMBLING IN THE PHILIPPINES
A) PRESIDENTIAL DECREE NO. 983 AUGUST 18, 1976
Amending part xii, chapter i, article iii, section 2 of the integrated reorganization plan approved under presidential decree no. 1, dated september 24, 1972.
By virtue of the powers vested in me by the constitution, i, ferdinand e. Marcos, president of the philippines, do hereby amend part xii, chapter i, article iii, section 2 of the integrated
reorganization plan approved under presidential decree no. 1, dated september 24, 1972, to read as follows:
Part xii education
Chapter i
Department of education and culture
Article iii
National board of education
“sec. 2. The national board of education shall have the secretary of education and culture as the chairman and the following as members: the director-general of the national
economic and development authority; the commissioner of the budget; the president of the university of the philippines; the chairman of the national science development board; the
undersecretary of education and culture; and three prominent citizen, at least one of whom shall represent non-governmental educational institutions. The prominent citizens
appointed to the board shall serve part-time for a period of six years: provided, that in the first appointments, the appointment of one member shall be for two years, the second
member for four years, and the third member for six years. The director of the bureau of elementary education, the director of the bureau of secondary education; and the director of
the bureau of higher education shall also sit in the board as non-voting members. The chairman and members may receive per diems for actual attendance at meetings.
Whenever a member of the board is unable to attend board meetings owing to illness, absence or other causes, he may designate a representative to attend board meetings who
may participate in the deliberation of the board, but shall not have voting rights.”
B) PRESIDENTIAL DECREE NO. 449 MAY 9, 1974
Whereas, cockfighting has been and still is a popular, traditional and customary form of recreation and entertainment among filipinos during legal holidays, local fiestas, agricultural,
commercial and industrial fairs, carnivals or expositions;
Whereas, by reason of the aforestated meaning and connotation of cockfighting in relation to filipino customs and traditions, it should neither be exploited as an object of
commercialism or business enterprise, nor made a tool of uncontrolled gambling, but more as a vehicle for the preservation and perpetuation of native filipino heritage and thereby
enhance our national identity.
Now, therefore, i, ferdinand e. Marcos, president of the philippines, by virtue of the powers vested in me by the constitution, do hereby decree and order to be part of the laws of the
land, the following:
Sec 1. Title. This decree shall be known as the "cockfighting law of 1974".
Section 2. Scope. This law shall govern the establishment, operation, maintenance and ownership of cockpits.
Section 3. Declaration of policy. It is hereby declared a policy of the government to insure within the framework of the new society maximum development and promotion of
wholesome recreation and amusement to bring about the following goals:
(a) to effectively control and regulate cockfighting towards its establishment as a national recreation, relaxation and source of entertainment;
(b) to provide additional revenue for our tourism program; and
(c) to remove and prevent excessive and unreasonable business operation and profit considerations in the management of cockpits and, instead preserve philippine customs and
traditions and thereby enhance our national identity.
Section 4. Definition of terms. As used in this law, the following terms shall be understood, applied and construed as follows:
(a) cockfighting shall embrace and mean the commonly known game or term "cockfighting derby, pintakasi or tupada", or its equivalent terms in different philippine localities.
(b) zoning law or ordinance either both national or local city or municipal legislation which logically arranges, prescribes, defines and apportions a given political subdivision into
specific land uses as present and future projection of needs warrant.
(c) bet taker of promoter a person who calls and takes care of bets from owners of both gamecocks and those of other bettors before he orders commencement of the cockfight and
thereafter distributes won bets to the winners after deducting a certain commission.
(d) gaffer (taga tari) a person knowledgeable in the art of arming fighting cocks with gaff or gaffs on either or both legs.
(e) referee (sentenciador) a person who watches and oversees the proper gaffing of fighting cocks, determines the physical condition of fighting cocks while cockfighting is in
progress, the injuries sustained by the cocks and their capability to continue fighting and decides and make known his decision by work or gestures and result of the cockfight by
announcing the winner or declaring a tie or no contest game.
(f) bettor a person who participates in cockfights and with the use of money or other things of value, bets with other bettors or through the bet taker or promoter and wins or loses his
bet depending upon the result of the cockfight as announced by the referee or sentenciador. He may be the owner of fighting cock.
Section 5. Cockpits and cockfighting: in general:
(a) ownership, operation and management of cockpits. Only filipino citizens not otherwise inhibited by existing laws shall be allowed to own, manage and operate cockpits.
Cooperative capitalization is encouraged.
(b) establishment of cockpits. Only one cockpit shall be allowed in each city or municipality, except that in cities or municipalities with a population of over one hundred thousand,
two cockpits may be established, maintained and operated.
(c) cockpits site and construction. Cockpits shall be constructed and operated within the appropriate areas as prescribed in zoning law or ordinance. In the absence of such law or
ordinance, the local executives shall see to it that no cockpits are constructed within or near existing residential or commercial areas, hospitals, school buildings, churches or other
public buildings. Owners, lessees, or operators of cockpits which are now in existence and do not conform to this requirement are given three years from the date of effectivity of
this decree to comply herewith. Approval or issuance of building permits for the construction of cockpits shall be made by the city or provincial engineer in accordance with their
respective building codes, ordinances or engineering laws and practices.
(d) holding of cockfights. Except as provided in this decree, cockfighting shall be allowed only in licensed cockpits during sundays and legal holidays and during local fiestas for not
more than three days. It may also be held during provincial, city or municipal, agricultural, commercial or industrial fair, carnival or exposition for a similar period of three days upon
resolution of the province, city or municipality where such fair, carnival or exposition is to be held, subject to the approval of the chief of constabulary or his authorized
representative: provided, that, no cockfighting on the occasion of such fair, carnival or exposition shall be allowed within the month of a local fiesta or for more than two occasions a
year in the same city or municipality: provided, further, that no cockfighting shall be held on december 30 (rizal day), june 12 (philippine independence day) november 30 (national
heroes day), holy thursday, good friday, election or referendum day and during registration days for such election or referendum.
(e) cockfighting for entertainment of tourists or for charitable purposes. Subject to the preceding subsection hereof, the chief constabulary or his authorized representative may also
allow the holding of cockfighting for the entertainment of foreign dignitaries or for tourists, or for returning filipinos, commonly known as "balikbayan", or for the support of national
fund-raising campaigns for charitable purposes as may be authorized by the office of the president, upon resolution of a provincial board, city or municipal council, in licensed
cockpits or in playgrounds or parks: provided, that this privilege shall be extended for only one time, for a period not exceeding three days, within a year to a province, city, or
municipality.
(f) other games during cockfights prescribed. No gambling of any kind shall be permitted on the premises of the cockpit or place of cockfighting during cockfights. The owner,
manager or lessee off such cockpit and the violators of this injunction shall be criminally liable under section 8 hereof.
Section 6. Licensing of cockpits. City and municipal mayors are authorized to issue licenses for the operation and maintenance of cockpits subject to the approval of the chief of
constabulary or his authorized representatives. For this purpose, ordinances may be promulgated for the imposition and collection of taxes and fees not exceeding the rates fixed
under section 13, paragraphs (a) and (b); and 19; paragraph (g) 16 of presidential decree no. 231, dated june 28, 1973, otherwise known as the local tax code, as amended.
Section 7. Cockfighting officials. Gaffers, referees or bet takers or promoters shall not act as such in any cockfight herein authorized, without first securing a license renewable every
year on their birthmonth from the city or municipality where such cockfighting is held. Cities and municipalities may charge a tax of not more than twenty pesos. Only licensed
gaffers, referees, bet takers or promoters shall officiate in all kinds of cockfighting authorized in this decree.
Section 8. Penal provisions. Any violation of the provisions of this decree and of the rules and regulations promulgated by the chief of constabulary pursuant thereto shall be
punished as follows:
A. By prision correccional in its maximum period and a fine of two thousand pesos, with subsidiary imprisonment in case of insolvency, when the offender is the financer, owner,
manger or operator of cockpit, or the gaffer, referee or bet taker in cockfights; or the offender is guilty of allowing, promoting or participating in any other kind of gambling in the
premises of cockfights during cockfights.
B. By prision correccional or a fine of not less than six hundred pesos nor more than two thousand pesos or both, such imprisonment and fine at the discretion of the court, with
subsidiary imprisonment in case of insolvency, in case of any other offender.
C) PRESIDENTIAL DECREE NO. 1602
Prescribing stiffer penalties on illegal gambling
Whereas, philippine gambling laws such as articles 195-199 of the revised penal code (forms of gambling and betting), r.a. 3063 (horse racing bookies), p.d. 449 (cockfighting), p.d.
483 (game fixing), p.d. 510 (slot machines) in relation to opinion nos. 33 and 97 of the ministry of justice, p.d. 1306 (jai-alai bookies) and other city and municipal ordinances or
gambling all over the country prescribe penalties which are inadequate to discourage or stamp out this pernicious activities;
Whereas, there is now a need to increase their penalties to make them more effective in combating this social menace which dissipate the energy and resources of our people;
Now, therefore, i, ferdinand e. Marcos, president of the republic of the philippines, by virtue of the powers vested in me by the constitution, do hereby order and decree:
Section 1. Penalties. The following penalties are hereby imposed:
A.the penalty of prison correccional in its medium period of a fine ranging from one thousand to six thousand pesos, and in case of recidivism, the penalty of prision mayor in its
medium period or a fine ranging from five thousand to ten thousand pesos shall be imposed upon:
1.person other than those referred to in the succeeding sub-sections who in any manner, shall directly or indirectly take part in any illegal or unauthorized activities or games of
cockfighting, jueteng, jai alai or horse racing to include bookie operations and game fixing, numbers, bingo and other forms of lotteries; cara y cruz, pompiang and the like; 7-11 and
any game using dice; black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajao, pangguingue and other card games; paik que, high and low, mahjong, domino and
other games using plastic tiles and the likes; slot machines, roulette, pinball and other mechanical contraptions and devices; dog racing, boat racing, car racing and other forms of
races, basketball, boxing, volleyball, bowling, pingpong and other forms of individual or team contests to include game fixing, point shaving and other machinations; banking or
percentage game, or any other game scheme, whether upon chance or skill, wherein wagers consisting of money, articles of value or representative of value are at stake or made;
2.any person who shall knowingly permit any form of gambling referred to in the preceding subparagraph to be carried on in inhabited or uninhabited place or in any building, vessel
or other means of transportation owned or controlled by him. If the place where gambling is carried on has a reputation of a gambling place or that prohibited gambling is frequently
carried on therein, or the place is a public or government building or barangay hall, the malfactor shall be punished by prision correccional in its maximum period and a fine of six
thousand pesos.
B.the penalty of prision correccional in its maximum period or a fine of six thousand pesos shall be imposed upon the maintainer or conductor of the above gambling schemes.
© the penalty of prision mayor in its medium period with temporary absolute disqualification or a fine of six thousand pesos shall be imposed if the maintainer, conductor or banker
of said gambling schemes is a government official, or where such government official is the player, promoter, referee, umpire, judge or coach in case of game fixing, point shaving
and machination.
The penalty of prision correccional in its medium period or a fine ranging from four hundred to two thousand pesos shall be imposed upon any person who shall, knowingly and
without lawful purpose in any hour of any day, possess any lottery list, paper or other matter containing letters, figures, signs or symbols pertaining to or in any manner used in the
games of jueteng, jai-alai or horse racing bookies, and similar games of lotteries and numbers which have taken place or about to take place.
€ the penalty of temporary absolute disqualifications shall be imposed upon any barangay official who, with knowledge of the existence of a gambling house or place in his
jurisdiction fails to abate the same or take action in connection therewith.
The penalty of prision correccional in its maximum period or a fine ranging from five hundred pesos to two thousand pesos shall be imposed upon any security officer, security
guard, watchman, private or house detective of hotels, villages, buildings, enclosures and the like which have the reputation of a gambling place or where gambling activities are
being held.
Section 2. Informer’s reward. Any person who shall disclose information that will lead to the arrest and final conviction of the malfactor shall be rewarded twenty percent of the cash
money or articles of value confiscated or forfeited in favor of the government.
D) REPUBLIC ACT NO. 9287 APRIL 2, 2004
An act increasing the penalties for illegal numbers games, amending certain provisions of presidential decree no. 1602, and for other purposes
Be it enacted by the senate and house of representatives of the philippine congress assembled:
Section 1. Declaration of policy. – it is the policy of the state to promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the
people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. It is likewise
the policy of the state that the promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance.
Hence, the state hereby condemns the existence of illegal gambling activities such as illegal numbers games as this has become an influential factor in an individual’s disregard for
the value of dignified work, perseverance and thrift since instant monetary gains from it are being equated to success, thereby becoming a widespread social menace and a source
of corruption.
Towards this end, the state shall therefore adopt more stringent measures to stop and eradicate the existence of illegal numbers games in any part of the country.
Sec. 2. Definition of terms. – as used in this act, the following terms shall mean:
Illegal numbers game. – any form illegal gambling activity which uses numbers or combinations thereof as factors in giving out jackpots.
Jueteng. – an illegal numbers game that involves the combination of thirty-seven (37) numbers against thirty-seven (37) numbers from number one (1) to thirty seven (37) or the
combination of thirty-eight (38) numbers in some areas, serving as a form of local lottery where bets are placed and accepted per combination, and its variants.
Masiao. – an illegal numbers game where the winning combination is derived from the results of the last game of jai alai or the special llave portion or any result thereof based on
any fictitious jai alai game consisting of ten (10) players pitted against one another, and its variants.
Last two. – an illegal numbers game where the winning combination is derived from the last two (2) numbers of the first prize of the winning sweepstakes ticket which comes out
during the weekly draw of the philippine charity sweepstakes office (pcso), and its variants.
Bettor (“mananaya”, “tayador” or variants thereof). – any person who places bets for himself/herself or in behalf of another person, or any person, other than the personnel or staff of
any illegal numbers game operation.
Personnel or staff of illegal numbers game operation. – any person, who acts in the interest of the maintainer, manager or operator, such as, but not limited to, an accountant,
cashier, checker, guard, runner, table manager, usher, watcher, or any other personnel performing such similar functions in a building structure, vessel, vehicle, or any other place
where an illegal numbers game is operated or conducted.
Collector or agent (“cabo”, “cobrador”, “coriador” or variants thereof). – any person who collects, solicits or produces bets in behalf of his/her principal for any illegal numbers game
who is usually in possession of gambling paraphernalia.
Coordinator, controller or supervisor (“encargado” or variants thereof). – any person who exercises control and supervision over the collector or agent.
Maintainer, manager or operator. – any person who maintains, manages or operates any illegal number game in a specific area from whom the coordinator, controller or supervisor,
and collector or agent take orders.
Financiers or capitalist. – any person who finances the operations of any illegal numbers game.
Protector or coddler. – any person who lends or provides protection, or receives benefits in any manner in the operation of any illegal numbers game.
Sec. 3. Punishable acts. – any person who participates in any illegal numbers game shall suffer the following penalties:
The penalty of imprisonment from thirty (30) days to ninety (90) days, if such person acts as a bettor;
The penalty of imprisonment from six (6) years and one (1) day to eight (8) years, if such person acts as a personnel or staff of an illegal numbers game operation;
The same penalty shall likewise be imposed to any person who allows his vehicle, house, building or land to be used in the operation of the illegal numbers games.
The penalty of imprisonment from eight (8) years and one (1) day to ten (10) years, if such person acts as a collector or agent;
The penalty of imprisonment from ten (10) years and one (1) day to twelve (12) years, if such person acts as a coordinator, controller or supervisor;
The penalty of imprisonment from twelve (12) years and one (1) day to ten (10) fourteen (14) years, if such person acts as a maintainer, manager or operator; and
The penalty of imprisonment from fourteen (14) years and one (1) day to sixteen (16) years, if such person acts as a financier or capitalist;
The penalty of imprisonment from sixteen (16) years and one (1) day to twenty (20) years, if such person acts as protector or coddler.
Sec. 4. Possession of gambling paraphernalia or materials. – the possession of any gambling paraphernalia and other materials used in the illegal numbers game operation shall be
deemed prima facie evidence of any offense covered by this act.
Sec. 5. Liability of government employees and/or public officials. – a) if the collector, agent, coordinator, controller, supervisor, maintainer, manager, operator, financier or capitalist of
any illegal numbers game is a government employee and/or public official, whether elected or appointed shall suffer the penalty of twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from three million pesos (p3,000,000.00) to five million pesos (p5,000,000.00) and perpetual absolute disqualification from public office.
In addition to the penalty provided in the immediately preceding section, the accessory penalty of perpetual disqualification from public office shall be imposed upon any local
government official who, having knowledge of the existence of the operation of any illegal numbers game in his/her jurisdiction, fails to abate or to take action, or tolerates the same
in connection therewith.
B) in the case of failure to apprehend perpetrators of any illegal numbers game, any law enforcer shall suffer an administrative penalty of suspension or dismissal, as the case may
be, to be imposed by the appropriate authority.
Sec. 6. Liability of parents/guardians. – the penalty of imprisonment from six (6) months and one (1) day to one (1) year or fine ranging from one hundred thousand pesos
(p100,000.00) to four hundred thousand pesos (p400,000.00) shall be imposed upon any parent, guardian or person exercising moral authority or ascendancy over a minor, ward or
incapacitated person, and not otherwise falling under any of the foregoing subsections, who induces or causes such minor, ward or incapacitated person to commit any of the
offenses punishable in this act. Upon conviction, the parent, guardian or person exercising moral authority or ascendancy over the minor, ward or incapacitated person shall be
deprived of his/her authority over such person in addition to the penalty imposed.
Sec. 7. Recidivism. – the penalty next higher in degree as provided for under section 3 hereof shall be imposed upon a recidivist who commits any of the offenses punishable in this
act.
Sec. 8. Immunity from prosecution. – any person who serves as a witness for the government or provides evidence in a criminal case involving any violation of this act, or who
voluntarily or by virtue of a subpoena testificandum or duces tecum, produces, identifies, or gives testimony shall be immune from any criminal prosecution, subject to the
compliance with the provisions of presidential decree no. 1732, otherwise known as decree providing immunity from criminal prosecution to government witnesses and the pertinent
provisions of the rules of court.
Sec. 9. Prosecution, judgment and forfeiture of property. – any person may be charged with or convicted of the offenses covered by this act without prejudice to the prosecution of
any act or acts penalized under the revised penal code or existing laws.
During the pendency of the case, no property or income used or derived therefrom which may be confiscated and forfeited shall be disposed, alienated or transferred and the same
shall be in custodia legis and no bond shall be admitted for the release of the same.
The trial prosecutors shall avail of provisional remedies provided for under the revised rules on criminal procedure.
Upon conviction, all proceeds, gambling paraphernalia and other instruments of the crime including any real or personal property used in any illegal numbers game operation shall
be confiscated and forfeited in favor of the state. All assets and properties of the accused either owned or held by him/her in his/her name or in the name of another person found to
be manifestly out of proportion to his/her lawful income shall be prima facie presumed to be proceeds of the offense and shall likewise be confiscated and forfeited in favor of the
state.
Sec. 10. Witness protection. – any person who provides material information, whether testimonial or documentary, necessary for the investigation or prosecution of individuals
committing any of the offenses under sections 3, 4, 5 and 6 herein shall be placed under the witness protection program pursuant to republic act. No. 6981.
Sec. 11. Informer’s reward. – any person who, having knowledge or information of any offense committed under this act and who shall disclose the same which may lead to the
arrest and final conviction of the offender, may be rewarded a certain percentage of the cash money or articles of value confiscated or forfeited in favor of the government, which
shall be determined through a policy guideline promulgated by the department of justice (doj) in coordination with the department of interior and local government (dilg) and the
national police commission (napolcom).
The dilg, the napolcom and the doj shall provide for a system of rewards and incentives for law enforcement officers and for local government official for the effective implementation
of this act.
Sec. 12. Implementing rules and regulations. – within sixty (60) days from the effectivity of this act, the dilg, doj, napolcom, and other concerned government agencies shall jointly
promulgate the implementing rules and regulations, as may be necessary to ensure the efficient and effective implementation of the provisions of this act.
E) ORDER NO. 9
December 28, 2022 directing the continued suspension of electronic sabong operations nationwide
F) PRESIDENTIAL DECREE NO. 810 OCTOBER 16, 1975
An act granting the philippine jai-alai and amusement corporation a franchise to operate, construct and maintain a fronton for basque pelota and similar games of skill in the greater
manila area
Whereas, by virtue of the provisions of commonwealth act numbered 485 the franchise to operate and maintain a fronton for the basque pelota and similar games of skill in the city
of manila, shall expire on october, 1975 whereupon the ownership of the land, buildings and improvements used in the said game will be transferred without payment to the
government by operation of law;
Whereas, there is a pressing need not only to further develop the game as a sport and amusement for the general public but also to exploit its full potential in support of the
government's objectives and development programs;
Whereas, basque pelota is a game of international renown, the maintenance and promotion of which will surely assist the tourism industry of the country;
Whereas, the tourism appeal of the game will be enhanced only with the government's support and inducement in developing the sport to a level at par with international standards;
Whereas, once such tourism appeal is developed, the same will serve as a stable and expanding base for revenue generation for the government's development projects.
Now, therefore, i, ferdinand e. Marcos, president of the philippines, by virtue of the powers vested in me by the constitution, hereby decree as follows:
Section 1. Any provision of law to the contrary notwithstanding, there is hereby granted to the philippine jai-alai and amusement corporation, a corporation duly organized and
registered under the laws of the philippines, hereinafter called the grantee or its successors, for a period of twenty-five from the approval of this act, extendable for another twenty-
five years without the necessity of another franchise, the right, privilege and authority to construct, operate and maintain a court for basque pelota (including the games of pala,
raqueta, cestapunta, remonte and mano) within the greater manila area, establish branches thereof for booking purposes and hold or conduct basque pelota games therein with
bettings either directly or by means of electric and/or computerized totalizator.
The games to be conducted by the grantee shall be under the supervision of the games and amusements board, hereinafter referred to as the board, which shall enforce the laws,
rules and regulations governing basque pelota as provided in commonwealth act numbered four hundred and eighty-five, as amended, and all the officials of the game and pelotaris
therein shall be duly licensed as such by the board.
Section 2. The grantee or its duly authorized agent may offer, take or arrange bets within or outside the place, enclosure or court where the basque pelota games are held:
provided, that bets offered, taken or arranged outside the place, enclosure or court where the games are held, shall be offered, taken or arranged only in places duly licensed by the
corporation, provided, however, that the same shall be subject to the supervision of the board. No person other than the grantee or its duly authorized agents shall take or arrange
bets on any pelotari or on the game, or maintain or use a totalizator or other device, method or system to bet on any pelotari or on the game within or without the place, enclosure or
court where the games are held by the grantee. Any violation of this section shall be punished by a fine of not more than two thousand pesos or by imprisonment of not more than
six months, or both in the discretion of the court. If the offender is a partnership, corporation, or association, the criminal liability shall devolve upon its president, directors or any
other officials responsible for the violation.
Section 3. The grantee shall provide mechanical and/or computerized devices, namely: a) electric totalizator; b) machine directly connected to a computer in a display board, for the
sale of tickets, including, those sold from the off-court stations; c) modern sound system and loud speakers; d) facilities that will bring safety, security, comfort and convenience to
the public; e) modern inter-communication devices; and f) such other facilities, devices and instruments for clean, honest and orderly basque pelota games, within three years from
the approval of this act.
The board shall assign its auditors and/or inspectors to supervise and regulate the placing of bets, proper computation of dividends and distribution of wager funds.
Section 4. The total wager fund or gross receipts from the sale of betting tickets will be apportioned as follows: eighty-five per centum (85%) shall be distributed in the form of
dividends among the holders of "win" or "place" numbers or holders of the winning combination or grouping of numbers as the case may be. The remaining balance of fifteen per
centum (15%) shall be distributed as follows: eleven and one half per centum (11 1/2%) shall be set aside as the commission fee of the grantee, and three and one-half per centum
(34%) thereof shall be set aside and alloted to any special health, educational, civic, cultural, charitable, social welfare, sports, and other similar projects as may be directed by the
president. The receipts from betting corresponding to the fraction of ten centavos eliminated from the dividends paid to the winning tickets, commonly known as breakage, shall be
set aside for the above-named special projects.
Section 5. The provision of any existing law to the contrary notwithstanding, the grantee is hereby authorized to hold basque pelota games (including the games of pala, raqueta,
cestapunta, remonte and mano) on all days of the week except sundays and official holidays.
Section 6. The provisions of commonwealth act numbered four hundred and eighty-five as amended, shall be deemed incorporated herein, provided that the provisions of this act
shall take precedence over the provisions thereof and all other laws, executive orders and regulations which are inconsistent herewith.
Section 7. The grantee shall not lease, transfer, grant the usufruct of sell or assign this franchise permit, or the rights or privileges acquired thereunder to any person, firm, company,
corporation or other commercial or legal entity, nor merge with any other person, company or corporation organized for the same purpose, without the previous approval of the
president of the philippines.
Section 8. For purposes of this franchise, the grantee is herein authorized to make use of the existing fronton, stadium and facilities located along taft avenue, city of manila,
belonging to the government by virtue of the provisions of commonwealth act numbered four hundred and eighty-five.
G) PRESIDENTIAL DECREE NO. 1306
Amending section 2 of presidential decree no. 810 entitled: “an act granting the philippine jai-alai and amusement corporation a franchise to operate, construct and maintain a
fronton for basque pelota and similar games of skill in the greater manila area”.
Section 1. Section 2 of presidential decree no. 810 is hereby amended to read as follows:
“sec. 2. The grantee or its duly authorized agent may offer, take or arrange bets within or outside the place, enclosure or court where the basque pelota games are held: provided,
that bets offered, taken or arranged outside the place, enclosure or court where the games are held, shall be offered, taken or arranged only in places duly licensed by the
corporation, provided, however, that the same shall be subject to the supervision of the board. Any person, not otherwise authorized under this act, who shall offer, take or arrange
bets on any basque pelota game or event and similar games of skill or knowingly permit the commission of any of the act prohibited in this act in any inhabited or uninhabited place
or any building, vessel or other means of transportation owned or controlled by him; and violates any provision of this act shall be punished by a fine of not less than one thousand
pesos nor more than five thousand pesos, or by imprisonment of not less than six months, or both, in the discretion of the court; provided, further, that, any person who shall make
or place a bet with such unauthorized person, operators or maintainers shall likewise be punished by a fine of not less than five hundred nor more than two thousand pesos, or by
imprisonment of one day to thirty days, or both, in the discretion of the court”. If the offender is a partnership, corporation or association, the criminal liability shall devolve upon its
president, directors or any other officials responsible for the violation.
Section 2. Repealing clause. Pertinent provisions of republic act nine hundred fifty-four (r.a. 954) relative to the basque pelota games, and all other laws, decrees, executive orders,
rules and regulations, or parts thereof inconsistent with this decree are hereby repealed and/or modified accordingly.
H) REPUBLIC ACT NO. 3063
An act authorizing licensed race-tracks and racing clubs and their authorized agents to offer, take or arrange bets outside the place, enclosure or track where the races are held,
provided such bets are offered, taken or arranged only in rizal province and in chartered cities, and providing proper penalties for violations thereof, amending for the purpose
sections two and seven of republic act numbered nine hundred fifty-four.
Section 1. Section two of republic act numbered nine hundred fifty-four is amended to read as follows:
“sec. 2. No person shall offer, take or arrange bets on any horse race, or maintain or use a totalizator or other device, method or system to bet or gamble on any horse race outside
the place, enclosure, or track where the race is held. This prohibition shall not apply to a race-track or racing club duly licensed by the games and amusements board to conduct
horse races nor to the duly authorized agents of such race-track or racing club, which race-track or racing club and its duly authorized agents are hereby authorized on the days
when races are being held in its premises to offer, take or arrange bets outside the place, enclosure or track where the races are held, provided such bets are offered, taken or
arranged only in rizal province and in chartered cities. The sale of such tickets shall be made only from offices or booths and shall be recorded in the race-track before the start of
the races.”
Section 2. Section seven of the same act is amended to read as follows:
“sec. 7. Any violation of this act shall be punished by a fine of not less than one thousand pesos not more than two thousand pesos or by imprisonment for not less than one month
or more than six months, or both, in the discretion of the court. If the offender is a partnership, corporation or association, the criminal liability shall devolve upon its president,
director, or any other official responsible for the violation
I) REPUBLIC ACT NO. 954, JUNE 20, 1953
An act to prohibit certain activities in connection with horse races and basque pelota games (jai-alai), and to prescribe penalties for its violation.
Be it enacted by the senate and house of representatives of the philippines in congress assembled:
Section 1. No person or group of persons, other than a person, race-track, racing club or any other entity duly licensed by the games and amusements board to conduct a horse
race, shall offer, take or arrange bets on any horse or maintain or use a totalizator or other device, method or system to bet or gamble on any horse race.
Section 2. No person, race-track, racing club or any other entity duly licensed by the games and amusements board to conduct a horse race shall offer, take or arrange beta on any
horse race, or maintain or use a totalizator or other device, method or system to bet or gamble on any horse race outside the place, enclosure, or track where the race is held.
Section 3. No person or group of persons shall fix a race for the purpose of insuring the winning of certain determined horse or horses.1a⍵⍴h!1
Section 4. No person, or group of persons, other than the operator or maintainer of a fronton with legislative franchise to conduct basque pelota games (jai-alai), shall offer, take or
arrange bets on any basque pelota game or event, or maintain or use a totalizator or other device, method or system to bet or gamble on any basque pelota game or event.
Section 5. No person, operator, or maintainer of a fronton with legislative franchise to conduct basque pelota games shall offer, take or arrange bets on any basque pelota game or
event, or maintain or use a totalizator or other device, method or system to bet or gamble on any basque pelota game or event outside the place, enclosure, or fronton where
the basque pelota game is held.
Section 6. No person or group of persons shall fix a basque pelota game for the purpose of insuring the winning of certain determined pelotari or pelotaris.
Section 7. Any violation of this act shall be punished by a fine of not more than two thousand pesos or by imprisonment for not more than six months, or both, in the discretion of the
court. If the offender is a partnership, corporation or association, the criminal liability shall devolve upon its president, director, or any other official responsible for the violation.
J) BATAS PAMBANSA BLG. 42
An Act Amending the Charter of the Philippine Charity Sweepstakes Office
Section 1. Section one of Republic Act Numbered Eleven hundred and sixty-nine is hereby amended to read as follows:
“Sec. 1. The Philippine Charity Sweepstakes Office. The Philippine Charity Sweepstakes Office, hereinafter designated the Office, shall be the principal government agency for
raising and providing for funds for health programs, medical assistance and services and charities of national character, and as such shall have the general powers conferred in
section thirteen of Act Numbered One thousand four hundred fifty-nine, as amended, and shall have the authority:
“A. To hold and conduct charity sweepstakes races, lotteries, and other similar activities, in such frequency and manner, as shall be determined, and subject to such rules and
regulations as shall be promulgated by the Board of Directors.
“B. Subject to the approval of the Minister of Human Settlements, to engage in health and welfare-related investment, programs, projects and activities which may be profit-oriented,
by itself or in collaboration, association or joint venture with any person, association, company or entity, whether domestic or foreign, except for the activities mentioned in the
preceding paragraph (A), for the purpose of providing for permanent and continuing sources of funds for health programs, including the expansion of existing ones, medical
assistance and services, and/or charitable grants: Provided, That such investments will not compete with the private sector in areas where investments are adequate, as may be
determined by the National Economic and Development Authority.
“C. To undertake any other activity that will enhance its funds generation operations and funds management capabilities, subject to the same limitations provided for in the
preceding paragraph.
“It shall have a Board of Directors, hereinafter designated the Board, composed of five members who shall be appointed, and whose compensation and term of office shall be fixed,
by the President (Prime Minister).”
Section 2. Section six Republic Act Numbered Eleven hundred and sixty-nine is hereby amended to read as follows:
“Sec. 6. Allocation of Net Receipts. From the gross receipts from the sale of sweepstakes tickets, whether for sweepstakes races, lotteries, or other similar activities, shall be
deducted the printing cost of such tickets, which in no case shall exceed two percent of such gross receipts to arrive at the net receipts. The net receipts shall be allocated as
follows:
“A. Fifty-five percent (55%) shall be set aside as a prize fund for the payment of prizes, including those for the owners, jockeys of running horses, and sellers of winning tickets.
“Prizes not claimed by the public within one year from date of draw shall be considered forfeited, and shall form part of the charity fund for disposition as stated below.
“B. Thirty percent (30%) shall be set aside as contributions to the charity fund from which the Board of Directors, in consultation with the Ministry of Human Settlements on identified
priority programs, needs and requirements in specific communities and with the approval of the Office of the President (Prime Minister), shall make payments or grants for health
programs, including the expansion of existing ones, medical assistance and services and/or charities of national character, such as the Philippine National Red Cross, under such
policies and subject to such rules and regulations as the Board may from time to time establish and promulgate. The Board may apply part of the contributions to the charity fund to
approved investments of the Office pursuant to Section 1(B) hereof, but in no case shall such application to investments exceed ten percent (10%) of the net receipts from the sale
sweepstakes tickets in any given year.
“Any property acquired by an institution or organization with funds given to it under this Act shall not be sold or otherwise disposed of without the approval of the Office of the
President (Prime Minister), and that in the event of its dissolution all such property shall be transferred to and shall automatically become the property of the Philippine Government.
“C. Fifteen percent (15%) shall be set aside as contributions to the operating expenses and capital expenditures of the Office.1âwphi1
“D. All balances of any funds in the Philippine Charity Sweepstakes Office shall revert to and form part of the charity fund provided for in paragraph (B), and shall be subject to
disposition as above stated.
“The disbursements of the allocations herein authorized shall be subject to the usual auditing rules and regulations.”
Section 3. Section nine of Republic Act Numbered Eleven hundred and sixty-nine is hereby repealed, and the following shall be inserted as the new provisions of Section nine, to
read as follows:
“Sec. 9. Powers and functions of the Board of Directors. The Board of Directors of the Office shall have the following powers and functions:
“A. To adopt or amend such rules and regulations to implement the provisions of this Act.
“B. Consistent with the purposes of this Act, to determine and approve the most effective organizational framework for the Office and its staffing pattern: to fix the salaries and
determine the reasonable allowances, bonuses and other incentives of its officers and employees as may be recommended by the General Manager; and to prescribe the manner
of hiring and compensating on a contractual basis such sales and other personnel as may be required for its operations, subject to pertinent civil service and compensation laws.
“C. To contract loans credits and indebtedness, whether domestic or foreign on such terms and conditions as it may deem appropriate for the accomplishment of its purposes,
subject to applicable laws, rules and regulations.
“D. To promulgate rules and regulations for the operation of the office and to do such act or acts as may be necessary for the attainment of its purposes and objectives.”
Creation and Purpose. — To implement State policy and pursue the objectives set forth in the preceding SEC., there is hereby created a body corporate to be known as the
Philippine Amusement and Gaming Corporation, hereinafter referred to as the “Corporation”, which shall have its principal office in Metropolitan Manila. The Corporation may
establish such offices, agencies, subsidiaries, or branches in the Philippines as its operations would require and its Board of Directors may determine.
K) PRESIDENTIAL DECREE NO. 1869
CONSOLIDATING AND AMENDING PRESIDENTIAL DECREE NOS. 1067-A, 1067-B, 1067-C, 1399 AND 1632, RELATIVE TO THE FRANCHISE AND POWERS OF THE
PHILIPPINE AMUSEMENT AND GAMING CORPORATION (PAGCOR).
WHEREAS, Presidential Decree No. 1067-A, 1067-B, 1067-C, 1399 and 1632, relative to the Franchise and Powers of the Philippine Amusement and Gaming Corporation
(PAGCOR), were enacted to enable the Government to regulate and centralized thru an appropriate institution all games of chance authorized by existing franchise or permitted by
law;
WHEREAS, to facilitate the enforcement and application of the above-mentioned Presidential Decrees, it is imperative to consolidate them into one statute;
WHEREAS, since its creation in 1977, PAGCOR has demonstrated its reliability as a source of income for the Government, particularly for the funding of government infrastructure
projects, such that, as of December 1982, PAGCOR has generated gross revenue of P1.677 Billion, contributing P956 Million as the 60% share of the Government plus P83 Million
in the form of 5% franchise tax;
WHEREAS, PAGCOR’s operation has enabled the Government to identify the potential sources of additional revenue, provided games of chances are strictly managed and made
subject to close scrutiny, regulation, supervision and control by the Government;
WHEREAS, to make it more dynamic and effective in its tasks, PAGCOR should now be reorganized by (a) increasing the participation of the private sector in the subscription of the
authorized capital stock of PAGCOR and by adjusting the share of the Government in the gross earning to 50%; provided, that the annual income of the Government is not less than
P150 Million and, if it is less, then the share of the Government shall be 60% of the gross earnings; (b) providing for a settlement of the portion of the Government’s share that was
utilized for the stabilization of casino operations, and (c) providing for greater flexibility in operation by limiting governmental audit only to the determination of the 5% franchise tax
and the Government’s share of 50% of the gross earnings;
WHEREAS, in order to make PAGCOR’s regulatory powers more effective, it is necessary that businesses primarily engaged in gambling operations be affiliated with PAGCOR, and
become subject to its regulatory powers with respect to operation, capitalization and organizational structure;
WHEREAS, under Presidential Decree No. 1416, as amended, the President of the Philippines is authorized to reorganized the administrative structure of government offices:
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution and by Presidential Decree No. 1416, as
amended, do hereby decree;
TITLE I – General Provisions
SECTION 1. Declaration of Policy. — It is hereby declared to be the policy of the State to centralize and integrate all games of chance not heretofore authorized by existing
franchises or permitted by law in order to attain the following objectives:
(a) To centralize and integrate the right and authority to operate and conduct games of chance into one corporate entity to be controlled, administered and supervised by
the Government;
(b) To establish and operate clubs and casinos, for amusement and recreation, including sports gaming pools (basketball, football, lotteries, etc.) and such other forms of
amusement and recreation including games of chance, which may be allowed by law within the territorial jurisdiction of the Philippines and which will: (1) generate
sources of additional revenue to fund infrastructure and socio-civic projects, such as flood control programs, beautification, sewerage and sewage projects, Tulungan ng
Bayan Centers, Nutritional Programs, Population Control and such other essential public services; (2) create recreation and integrated facilities which will expand and
improve the country’s existing tourist attractions; and (3) minimize, if not totally eradicate, the evils, malpractices and corruptions that are normally prevalent in the
conduct and operation of gambling clubs and casinos without direct government involvement.
TITLE II – CREATION OF PHILIPPINE AMUSEMENT AND GAMING CORPORATION
SEC. 2. Philippine Amusement and Gaming Corporation (PAGCOR);
Creation and Purpose. — To implement State policy and pursue the objectives set forth in the preceding SEC., there is hereby created a body corporate to be known as the
Philippine Amusement and Gaming Corporation, hereinafter referred to as the “Corporation”, which shall have its principal office in Metropolitan Manila. The Corporation may
establish such offices, agencies, subsidiaries, or branches in the Philippines as its operations would require and its Board of Directors may determine.
SEC. 3. Corporate Powers. — The Corporation shall have the following powers and functions, among others:
a) To prescribe its By-Laws;

b) To adopt, alter and use a corporate seal;

c) To own real or personal property, and to sell, alienate, mortgage, encumber or otherwise dispose of the same;
d) To make contracts, and to sue and be sued;
e) To employ such officers and personnel as may be necessary or proper to carry on its business;
f) To acquire, lease or maintain, whether on land, water or air, personal property and such other equipment and facilities as may be necessary or proper to carry out its
purposes;
g) To import, buy, sell, or otherwise trade or deal in merchandise, goods, wares and objects of all kinds and descriptions that may be necessary or proper to carry out the
purposes for which it has been created;
(h) to enter into, make, conclude, perform, and carry out contracts of every kind and nature for any lawful purpose which are necessary, appropriate, proper or incidental to any
business or purpose of the PAGCOR, including but not limited to investment agreements, joint venture agreements, management agreements, agency agreements, whether as
principal or as an agent, manpower supply agreements, or any other similar agreements or arrangements with any person, firm, association or corporation.
h) To borrow money from local or foreign sources as may be necessary or proper for its operations;
i) To invest its funds as the Corporation may deem necessary or proper in any activity related to its principal operation, including in any bonds or securities issued or
guaranteed by the Government of the Philippines;
j) To perform such other powers and functions as may be provided by law; and
k) To do anything and everything necessary, proper, desirable, convenient or suitable for the accomplishment of any of the purpose or the attainment of any of the objects
or the furtherance of any of the powers herein stated, either alone or in association with other corporations, firms or individuals, and to do every other act or thing
incidental, pertaining to, growing out of, or connected with, the aforesaid purposes, objects or powers, or any part thereof.
SEC. 4. Authorized Capital Stock. — The Corporation shall have an authorized capital stock divided into one million voting and no par value shares, to be subscribed, paid for and
voted as follows:
a) 550,000 shares of stock to be subscribed to and paid for by the Government of the Republic of the Philippines at an original issue value of P200.00 per share; and
b) 450,000 shares remaining may be subscribed to by persons or entities acceptable to the Board of Directors at issue value to be determined by such Board of Directors.
The voting power pertaining to shares of stock subscribed to by the Government of the Republic of the Philippines shall be vested in the President of the Philippines or in such
person or persons as he may designate.
The voting power pertaining to shares of stock subscribed by private persons or entities shall be vested in them.
SEC. 5. Government Investment. — The Government advances to the Corporation authorized on May 29, 1978, having reached the amount of P70,430,725.03, shall be converted
into equity as part of the investment of the Government to be applied to the subscription of 550,000 shares.
SEC. 6. Board of Directors. — The Corporation shall be governed and its activities be directed, controlled and managed by a Board of Directors, hereinafter referred to as the
Board, composed of five (5) members, three (3) of whom shall come from the Government sector and shall be appointed by the President, while the other two (2) shall be from the
private sector, who own at least 1 share of stock in the Corporation and who shall be elected by the stockholders of the corporation in the annual general meeting or in a special
meeting called for such purpose.
Each Director shall serve for a term of one (1) year and until his successor shall have been duly appointed and qualified.
SEC. 7. Powers, Functions and Duties of the Board of Directors. — The Board shall have the following powers, functions and duties;
a) To allocate and distribute, with the approval of the Office of the President of the Philippines, the earnings of the Corporation earmarked to finance infrastructure and
socio-civic projects;
b) To designate the commercial bank that shall act as the depository bank of the Corporation and/or trustee of the funds of the Corporation;
c) To prepare and approve at the beginning of each calendar year the budget that may be necessary under any franchise granted to it, to insure the smooth operation of
the Corporation; and to evaluate and approve budgets submitted to it by other corporations or entities with which it might have any existing contractual arrangement;
d) To submit to the Office of the President of the Philippines before the end of February of each year a list of all the infrastructure and/or socio-civic projects that might
have been financed from the Corporation’s earnings, and to submit such periodic or other reports as may be required of it from time to time; and
e) To perform such other powers, functions and duties as may be directed and authorized by the President of the Philippines or as may be necessary or proper for the
accomplishment of its purposes and objectives.
TITLE III – AFFILIATION PROVISIONS
SEC. 8. REGISTRATION. — All persons primarily engaged in gambling, together with their allied business, with contract or franchise from the Corporation, shall register and affiliate
their businesses with the Corporation. The Corporation shall issue the corresponding certificates of affiliation upon compliance by the registering entity with the promulgated rules
and regulations thereon.
SEC. 9. REGULATORY POWER. — The Corporation shall maintain a Registry of the affiliated entities, and shall exercise all the powers, authority and the responsibilities vested in
the Securities and Exchange Commission over such affiliated entities mentioned under the preceding SEC., including but not limited to amendments of Articles of Incorporation and
By-Laws, changes in corporate term, structure, capitalization and other matters concerning the operation of the affiliating entities, the provisions of the Corporation Code of the
Philippines to the contrary notwithstanding, except only with respect to original incorporation.
TITLE IV – GRANT OF FRANCHISE
SEC. 10. Nature and Term of Franchise. — Subject to the terms and conditions established in this Decree, the Corporation is hereby granted from the expiration of its original term
on July 11, 2008, another period of twenty-five (25) years, renewable for another twenty-five years, the rights, privileges and authority to operate and license gambling casinos,
gaming clubs and other similar recreation or amusement places, gaming pools, i.e. basketball, football, bingo, etc. except jai-alai, whether on land or sea, within the territorial
jurisdiction of the Republic of the Philippines.
SEC. 11. Scope of Franchise. — In addition to the rights and privileges granted it under the preceding SEC., this Franchise shall entitle the Corporation to do and undertake the
following:
(1) Enter into operating or management contracts with any registered and accredited company or qualified person possessing the knowledge, skill, expertise
and facilities to ensure the efficient operation of gambling casinos: provided, that the service fees of such management and/or operator companies whose
services may be retained by the Constitution shall not in the aggregate exceed ten (10%) percent of the gross income;
(2) Purchase foreign exchange that may be required for the importation of equipment, facilities and other gambling paraphernalia indispensably needed or
useful to insure the successful operation of gambling casinos;
(3) Acquire the right of way or access to or thru public land, public waters or harbors, including the Manila Bay Area; such right shall include but not be limited
to the right to lease and/or purchase public lands, government reclaimed lands, as well as lands of private ownership or those leased from the Government.
This right shall carry with it the privilege of the Corporation to utilize piers, quays, boat landings, and such other pertinent and related facilities within these
specified areas for use as landing, anchoring or berthing sites in connection with its authorized casino operations;
(4) Build or construct structures, buildings castways, piers, decks, as well as any other form of landing and boarding facilities for its floating casinos; and
(5) To do and perform such other acts directly related to the efficient and successful operation and conduct of games of chance in accordance with existing
laws and decrees.
SEC. 12. Special Condition of Franchise. — After deducting five (5%) percent as Franchise Tax, the fifty (50%) percent share of the government in the aggregate gross earnings of
the Corporation from this Franchise, shall immediately be set aside and allocated to fund the following infrastructure and socio-economic projects within the Metropolitan Area:
a) Control b) and Sewage © Nutritional Control d) Population Control € Tulungan ng Bayan Centers (f) Beautification
(g) Kilusang Kabuhayan at Kaunlaran (KKK) projects; provided, that should the aggregate gross earnings be less than ₱150,000,000.00, the amount to be allocated to fund the
above-mentioned project shall be equivalent to sixty (60%) percent of the aggregate gross earnings.
In addition to the priority infrastructure and socio-civic projects within the Metropolitan Manila specifically enumerated above, the share of the Government in the aggregate may also
be appropriated and allocated to fund and finance infrastructure and/or socio-civic projects throughout the Philippines as may be directed and authorized by the Office of the
President of the Philippines.
SEC. 13. Exemptions. —
(1) Customs duties, taxes and other imposts on importations. — All importations of equipment, vehicles, automobiles, boats, ships, barges, aircraft and such other
gambling paraphernalia, including accessories or related facilities, for the sole and exclusive use of the casinos, the proper and efficient management and
administration thereof, and such other clubs, recreation or amusement places to be established under and by virtue of this Franchise shall be exempt from the payment
of all kinds of customs duties, taxes and other imposts, including all kinds of fees, levies, or charges of any kind or nature, whether National or Local.
Vessels and/or accessory ferry boats imported or to be imported by any corporation having existing contractual arrangements with the Corporation, for the sole and exclusive use of
the casino or to be used to service the operations and requirements of the casino, shall likewise be totally exempt from the payment of all customs duties, taxes and other imposts,
including all kinds of fees, levies, assessments or charges of any kind or nature, whether National or Local.
(2) Income and other taxes. — (a) Franchise Holder: No tax of any kind or form, income or otherwise, as well as fees, charges or levies of whatever nature, whether
National or Local, shall be assessed and collected under this Franchise from the Corporation; nor shall any form of tax or charge attach in any way to the earnings of
the Corporation, except a Franchise Tax of five (5%) percent of the gross revenue or earnings derived by the Corporation from its operation under this Franchise. Such
tax shall be due and payable quarterly to the National Government and shall be in lieu of all kinds of taxes, levies, fees or assessments of any kind, nature or
description, levied, established or collected by any municipal, provincial, or national government authority.
(c) Others: The exemptions herein granted for earnings derived from the operations conducted under the franchise specifically from the payment of any tax, income or
otherwise, as well as any form of charges, fees or levies, shall inure to the benefit of and extend to corporation(s), association(s), agency(ies), or individual(s) with
whom the Corporation or operator has any contractual relationship in connection with the operations of the casino(s) authorized to be conducted under this Franchise
and to those receiving compensation or other remuneration from the Corporation or operator as a result of essential facilities furnished and/or technical services
rendered to the Corporation or operator.
The fee or remuneration of foreign entertainers contracted by the Corporation or operator in pursuance of this provision shall be free of any tax.
(3) Dividend Incomes — Notwithstanding any provision of law to the contrary, in the event the Corporation should declare a cash dividend, that portion of the dividend
income corresponding to the participation of the private sector shall, as an incentive to the beneficiaries, be subject only to a final income tax rate of ten (10%) percent
in lieu of the regular income tax rates. The dividend income shall not in such case be considered as part of beneficiaries’ taxable income; provided, however, that such
dividend income shall be totally exempted from income or other forms of taxes if invested within six (6) months from the date the dividend income is received, in the
following:
(a) Operation of the casino(s) or investments in any affiliate activity that will ultimately redound to the benefit of the Corporation or any other corporation with
whom the Corporation has any existing arrangements in connection with or related to the operations of the casino(s);
(b) Government bonds, securities, treasury notes, or debentures; or
© BOI-registered or export-oriented corporation(s).
(4) Utilization of Foreign Currencies. — The Corporation shall have the right and authority, solely and exclusively in connection with the operations of the casino(s), to
purchase, receive, exchange and disburse foreign exchange, subject to the following terms and conditions:
(a) A specific area in the casino(s) or gaming pit shall be put up solely exclusively for players and patrons utilizing foreign currencies;
(b) The Corporation shall appoint and designate a duly accredited commercial bank agent of the Central Bank, to handle, administrative and manage the use
of foreign currencies in the casino(s);
© The Corporation shall provide an office at casino(s) exclusively for the employees of the designated bank, agent of the Central Bank, where the Corporation shall maintain a dollar
account which will be utilized exclusively for the above purpose and the casino dollar treasury employees;
(c) Only persons with foreign passports or certificates of identity (for Hong Kong patron only) duly issued by the government or country of their residence will
be allowed to play in the foreign exchange gaming pit;
€ Only foreign exchange prescribe to form part of the Philippine International Reserve and the following foreign exchange currencies: Australian Dollar, Singapore Dollar, Hong Kong
Dollar, shall be used in this gaming pit;
(f) The disbursement, administration, management and recording of foreign exchange currencies used in the casino(s) shall be carried out in accordance with existing foreign
exchange regulations; and periodical reports of the transactions in such foreign exchange currencies by the Corporation shall be duly recorded and reported to the Central Bank
thru the designated Agent Bank; and
(g) The Corporation shall issue the necessary rules and regulations for the guidance and information of players qualified to participate in the foreign exchange gaming pit, in order to
make certain that the terms and conditions as above set forth are strictly complied with.
SEC. 14. Other Conditions. —
(1) Place — The Corporation shall conduct the gambling activities or games of chance on land or water within the territorial jurisdiction of the Republic of the
Philippines. When conducted on water, the Corporation shall have the right to dock the floating casino(s) in any part of the Philippines where vessels/boats
are authorized to dock under the Customs and Maritime Laws.
(2) Time — Gambling activities may be held and conducted at anytime of the day or night; provided, however, that in the places where curfew hours are
observe, all players and personnel of the gambling casinos shall remain within the premises of the casinos.
(3) Persons allowed to play —
(a) Tourist and/or foreigners who are not residents of the Philippines;
(b) Residents with a gross income for the previous year of at least P50,000.00, which fact shall be certified to by the Bureau of Internal Revenue; and
© The number of guests of the above-mentioned qualified persons shall be limited to two (2) only; provided, that the said guests are at least 21 years of age;
(4) Persons not allowed to play —
(a) Government officials connected directly with the operation of the Government or any of its agencies;
(b) Members of the Armed Forces of the Philippines, including the Army, Navy, Air Force or Constabulary; and
© Persons under 21 years of age or students of any school, college or university in the Philippines.
From these are excepted the personnel employed by the casinos, special guests, or those who at the discretion of the Management may be allowed to stay in the premises.
 (5) Operation of related services — The Corporation is authorized to operate such necessary and related services, shows and entertainment. Any income that
may be realized from these related services shall not be included as part of the income of the Corporation for the purpose of applying the franchise tax, but
the same shall be considered as a separate income of the Corporation and shall be subject to income tax.
TITLE V – GOVERNMENT AUDIT
SEC. 15. Auditor — The Commission of Audit or any government agency that the Office of the President may designate shall appoint a representative who shall be the Auditor of
the Corporation and such personnel as may be necessary to assist said representative in the performance of his duties. The salaries of the Auditor or representative and his staff
shall be fixed by the Chairman of the Commission on Audit or designated government agency, with the advice of the Board, and said salaries and other expenses shall be paid by
the Corporation. The funds of the Corporation to be covered by the audit shall be limited to the 5% franchise tax and the 50% of the gross earnings pertaining to the Government as
its share.
TITLE VI – EXEMPTION FROM CIVIL SERVICE LAW
SEC. 16. Exemption — All position in the Corporation, whether technical, administrative, professional, or managerial are exempt from the provisions of the Civil Service Law, rules
and regulations, and shall be governed only by the personnel management policies set by the Board of Directors. All employees of the casinos and related services shall be
classified as “Confidential” appointee.
TITLE VII – TRANSITORY PROVISIONS
SEC. 17. Transitory Provisions — The properties, monies, assets, rights, choses in action, obligations, liabilities, records and contracts of the Philippine Amusement and Gaming
Corporation (PAGCOR) under Presidential Decree Nos. 1067-A, 1067-B, 1067-C, 1399 and 1632 shall continue to be vested in and assumed by the Corporation, pursuant to this
Decree.
Likewise, all personnel of PAGCOR under the above-mentioned Decree shall be absorbed by the Corporation under this Decree and shall remain in their respective positions
without demotion in rank or reduction in salary: provided, that employees who shall be separated from the Corporation shall be given at least one month gratuity for every full year of
service, a fraction of over six months being considered a full year, but in no case more than twenty-four months salary, in addition to all benefits to which they may be entitled under
existing laws, rules and regulations.
SEC. 18. Exemption From Labor Laws — No union or any form of association shall be formed by all those working as employees of the casino or related services whether directly
or indirectly. For such purpose, all employees of the casinos or related services shall be classified as “confidential” appointees and their employment thereof, whether by the
franchise holder, or the operators, or the managers, shall be exempt from the provisions of the Labor Code or any implementing rules and regulations thereof.
LAWS GOVERNING SMOKING IN THE PHILIPPINES
A) REPUBLIC ACT NO. 8749 JUNE 23, 1999
AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR OTHER PURPOSES
Chapter 1
General Provisions
Article One
Section 1. Short Title. – This Act shall be known as the “Philippine Clean Air Act of 1999.”
Section 2. Declaration of Principles. – The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of
nature.
The State shall promote and protect the global environment to attain sustainable development while recognizing the primary responsibility of local government units to deal with
environmental problems.
The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based.
The State also recognizes the principle that “polluters must pay”.
Finally, the State recognizes that a clean and healthy environment is for the good of all and should, therefore, be the concern of all.
Section 3. Declaration of Policies. – The State shall pursue a policy of balancing development and environmental protection. To achieve this end, the frame work for sustainable
development shall be pursued. It shall be the policy of the State to:
(a) Formulate a holistic national program of air pollution management that shall be implemented by the government through proper delegation
and effective coordination of functions and activities;
(b) Encourage cooperation and self-regulation among citizens and industries through the application of market-based instruments;
© Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution;
(c) Promote public information and education and to encourage the participation of an informed and active public in air quality planning and
monitoring; and
€ Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program or activity. This shall include the setting up of a
funding or guarantee mechanism for clean-up and environmental rehabilitation and compensation for personal damages.
Section 4. Recognition of Rights. – Pursuant to the above-declared principles, the following rights of citizens are hereby sought to be recognized and the State shall seek to
guarantee their enjoyment:
(a) The right to breathe clean air;
(b) The right to utilize and enjoy all natural resources according to the principles of sustainable development;
© The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs and in the decision-making process;
(c) The right to participate in the decision-making process concerning development policies, plans and programs projects or activities that may have adverse impact on the
environment and public health;
€ The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project and to be served timely notice of any significant rise in the level of
pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous substances;
(f) The right of access to public records which a citizen may need to exercise his or her rights effectively under this Act;
(g) The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws and regulations, to compel the rehabilitation and cleanup of
affected area, and to seek the imposition of penal sanctions against violators of environmental laws; and
(h) The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a project or activity.
Article Two
Section 5. Definitions. – As used in this Act:
b) “Air pollutant” means any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and the inert gases in their natural or
normal concentrations, that is detrimental to health or the environment, which includes but not limited to smoke, dust, soot, cinders, fly ash, solid particles
of any kind, gases, fumes, chemical mists, steam and radio-active substances;
c) “Air pollution” means any alteration of the physical, chemical and biological properties of the atmospheric air, or any discharge thereto of any liquid,
gaseous or solid substances that will or is likely to create or to render the air resources of the country harmful, detrimental, or injurious to public health,
safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes
d) “Ambient air quality guideline values” mean the concentration of air over specified periods classified as short-term and long-term which are intended to
serve as goals or objectives for the protection of health and/or public welfare. These values shall be used for air quality management purposes such as
determining time trends, evaluating stages of deterioration or enhancement of the air quality, and in general, used as basis for taking positive action in
preventing, controlling, or abating air pollution;
e) “Ambient air quality” means the general amount of pollution present in a broad area; and refers to the atmosphere’s average purity as distinguished from
discharge measurements taken at the source of pollution;
f) “Certificate of Conformity” means a certificate issued by the Department of Environment and Natural Resources to a vehicle manufacturer/assembler or
importer certifying that a particular new vehicle or vehicle type meets the requirements provided under this Act and its rules and regulations;
g) “Department” means the Department of Environment and Natural Resources;
h) “Eco-profile” means the geographic-based instrument for planners and decision-makers which present an evaluation of the environmental quality and
carrying capacity of an area. It is the result of the integration of primary and secondary data and information on natural resources and anthropogenic
activities on the land which are evaluated by various environmental risk assessment and forecasting methodologies that enable the Department to
anticipate the type of development control necessary in the planning area;
i) “Emission” means any air contaminant, pollutant, gas stream or unwanted sound from a known source which is passed into the atmosphere;
 j) “Greenhouse gases” mean those gases that can potentially or can reasonably be expected to induce global warming, which include carbon dioxide,
methane, oxides of nitrogen, chlorofluorocarbons, and the like;
k) “Hazardous substances” mean those substances which present either: (1) short-term acute hazards such as acute toxicity by ingestion, inhalation, or skin
absorption, corrosivity or other skin or eye contact hazard or the risk of fire explosion; or (2) longterm toxicity upon repeated exposure, carcinogenicity
(which in some cases result in acute exposure but with a long latent period), resistance to detoxification process such as biodegradation, the potential to
pollute underground or surface waters;
l) “Infectious waste” means that portion of medical waste that could transmit an infectious disease;
m) “Medical waste” means the materials generated as a result of patient diagnosis, treatment, or immunization of human beings or animals;
n) “Mobile source” means any vehicle propelled by or through combustion of carbon-based or other fuel, constructed and operated principally for the
conveyance of persons or the transportation of property goods;
o) “Motor vehicle” means any vehicle propelled by a gasoline or diesel engine or by any means other than human or animal power, constructed and operated
principally for the conveyance of persons or the transportation of property or goods in a public highway or street open to public use;
p) “Municipal waste” means the waste materials generated from communities within a specific locality;
q) “New vehicle” means a vehicle constructed entirely from new parts that has never been sold or registered with the DOTC or with the appropriate agency or
authority, and operated on the highways of the Philippines, any foreign state or country;
r) “Octane Rating or the Anti-Knock Index(AKI)” means the rating of the anti-knock characteristics of a grade or type of automotive gasoline as determined by
dividing by two (2) the sum of the Research Octane Number (RON), plus the Motor Octane Number (MON); the octane requirement, with respect to
automotive gasoline for use in a motor vehicle or a class thereof, whether imported, manufactured, or assembled by a manufacturer, shall refer to the
minimum octane rating of such automotive gasoline which such manufacturer recommends for the efficient operation of such motor vehicle, or a substantial
portion of such class, without knocking;
s) “Ozone Depleting Substances (ODS)” means those substances that significantly deplete or otherwise modify the ozone layer in a manner that is likely to
result in adverse effects of human health and the environment such as, but not limited to, chloroflourocarbons, halons and the like;
t) “Persistent Organic Pollutants (POPs)” means the organic compounds that persist in the environment, bioaccumulate through the food web, and pose a
risk of causing adverse effects to human health and the environment. These compounds resist photolytic, chemical and biological degradation, which shall
include but not be limited to dioxin, furan, Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene,
lindane, toxaphere and chlordane;
u) “Poisonous and toxic fumes” means any emissions and fumes which are beyond internationally – accepted standards, including but not limited to the World
Health Organization (WHO) guideline values;
v) “Pollution control device” means any device or apparatus used to prevent, control or abate the pollution of air caused by emissions from identified pollution
sources at levels within the air pollution control standards established by the Department;
w) “Pollution control technology” means the pollution control devices, production process, fuel combustion processes or other means that effectively prevent or
reduce emissions or effluent;
x) “Standard of performance” means a standard for emissions of air pollutant which reflects the degree of emission limitation achievable through the
application of the best system of emission reduction, taking into account the cost of achieving such reduction and any non-air quality health and
environmental impact and energy requirement which the Department determines, and adequately demonstrates; and
y) “Stationary source” means any building or immobile structure, facility or installation which emits or may emit any air pollutant
Chapter 2
Air Quality Management System
Article One
General Provisions
Section 6. Air Quality Monitoring and Information Network. – The Department shall prepare an annual National Air Quality Status Report which shall be used as the basis in
formulating the Integrated Air Quality Improvement Framework, as provided for in Sec. 7. The said report shall include, but shall not be limited to the following:
a) Extent of pollution in the country, per type of pollutant and per type of source, based on reports of the Department’s monitoring stations;
b) Analysis and evaluation of the current state, trends and projections of air pollution at the various levels provided herein;
c) Identification of critical areas, activities, or projects which will need closer monitoring or regulation;
d) Recommendations for necessary executive and legislative action; and
e) Other pertinent qualitative and quantitative information concerning the extent of air pollution and the air quality performance rating of industries in the country.
The Department, in cooperation with the National Statistical Coordination Board (NSCB), shall design and develop an information network for data storage, retrieval and exchange.
The Department shall serve as the central depository of all data and information related to air quality.
Section 7. Integrated Air Quality Improvement Framework. – The Department shall within six (6) months after the effectivity of this Act, establish, with the participation of LGUs,
NGOs, POs, the academe and other concerned entities from the private sector, formulate and implement the Integrated Air Quality Improvement Framework for a comprehensive air
pollution management and control program. The framework shall, among others, prescribe the emission reduction goals using permissible standards, control strategies and control
measures to undertaken within a specified time period, including cost-effective use of economic incentives, management strategies, collective actions, and environmental education
and information.
The Integrated Air Quality Improvement Framework shall be adopted as the official blueprint with which all government agencies must comply with to attain and maintain ambient air
quality standards.
Section 8. Air Quality Control Action Plan. – Within six (6) months after the formulation of the framework, the Department shall, with public participation, formulate and implement an
air quality control action plan consistent with Sec. 7 of this Act. The action plan shall:
a) Include enforceable emission limitations and other control measures, means or techniques, as well as schedules and time tables for compliance, as may be necessary
or appropriate to meet the applicable requirements of this Act;
b) Provide for the establishment and operation of appropriate devices, methods, systems and procedures necessary to monitor, compile and analyze data on ambient air
quality;
c) Include a program to provide for the following: (1) enforcement of the measures described in subparagraph [a]; (2) regulation of the modification and construction of any
stationary source within the areas covered by the plan, in accordance with land use policy to ensure that ambient air quality standards are achieved;
d) Contain adequate provisions, consistent with the provisions of this Act, prohibiting any source or other types of emissions activity within the country from emitting any air
pollutant in amounts which will significantly contribute to the non-attainment or will interfere with the maintenance by the Department of any such ambient air quality
standard required to be included in the implementation plan to prevent significant deterioration of air quality or to protect visibility;
e) Include control strategies and control measures to be undertaken within a specified time period, including cost effective use of economic incentives, management
strategies, collection action and environmental education and information;
f) Designate airsheds; and
g) All other measures necessary for the effective control and abatement of air pollution.
The adoption of the plan shall clarify the legal effects on the financial, manpower and budgetary resources of the affected government agencies, and on the alignment of their
programs with the plans.
In addition to direct regulations, the plan shall be characterized by a participatory approach to the pollution problem. The involvement of private entities in the monitoring and testing
of emissions from mobile and/or stationary sources shall be considered.
Likewise, the LGU’s, with the assistance from the Department, shall prepare and develop an action plan consistent with the Integrated Air Quality Improvement Framework to attain
and maintain the ambient air quality standards within their respective airsheds as provided in Sec. 9 hereof.
The local government units shall develop and submit to the Department a procedure for carrying out the action plan for their jurisdiction. The Department, however, shall maintain its
authority to independently inspect the enforcement procedure adopted. The Department shall have the power to closely supervise all or parts of the air quality action plan until such
time the local government unit concerned can assume the function to enforce the standards set by the Department.
A multi-sectoral monitoring team with broad public representation shall be convened by the Department for each LGU to conduct periodic inspections of air pollution sources to
assess compliance with emission limitations contained in their permits.
Section 9. Airsheds. – Pursuant to Sec. 8 of this Act, the designation of airsheds shall be on the basis of, but not limited to, areas with similar climate, meteorology and topology
which affect the interchange and diffusion of pollutants in the atmosphere, or areas which share common interest or face similar development programs, prospects or problems.
For a more effective air quality management, a system of planning and coordination shall be established and a common action plan shall be formulated for each airshed.

To effectively carry out the formulated action plans, a Governing Board is hereby created, hereinafter referred to as the Board.

The Board shall be headed by the Secretary of the Department of Environment and Natural Resources as chairman. The members shall be as follows:

a) Provincial Governors from areas belonging to the airshed;

b) City/Municipal Mayors from areas belonging to the airshed;

c) A representative from each concerned government agency;

d) Representatives from people’s organizations;

e) Representatives from non-government organizations; and

f) Representatives from the private sector.

The Board shall perform the following functions:

a) Formulation of policies;

b) Preparation of a common action plan;

c) Coordination of functions among its members; and

d) Submission and publication of an annual Air Quality Status Report for each airshed.

Upon consultation with appropriate local government authorities, the Department shall, from time to time, revise the designation of airsheds utilizing eco-profiling techniques and
undertaking scientific studies.

Emissions trading may be allowed among pollution sources within an airshed.

Section 10. Management of Non-attainment Areas. – The Department shall designate areas where specific pollutants have already exceeded ambient standards as non-attainment
areas. The Department shall prepare and implement a program that will prohibit new sources of exceeded air pollutant without a corresponding reduction in existing resources.

In coordination with other appropriate government agencies, the LGUs shall prepare and implement a program and other measures including relocation, whenever necessary, to
protect the health and welfare of residents in the area.

For those designated as nonattainment areas, the Department, after consultation with local government authorities, nongovernment organizations (NGOs), people’s organizations
(POs) and concerned sectors may revise the designation of such areas and expand its coverage to cover larger areas depending on the condition of the areas.

Section 11. Air Quality Control Techniques. – Simultaneous with the issuance of the guideline values and standards, the Department, through the research and development
program contained in this Act and upon consultation with appropriate advisory committees, government agencies and LGUs, shall issue, and from time to time, revise information on
air pollution control techniques. Such information shall include:

(a) Best available technology and alternative methods of prevention, management and control of air pollution;

(b) Best available technology economically achievable which shall refer to the technological basis/standards for emission limits applicable to existing, direct
industrial emitters of nonconventional and toxic pollutants; and

© Alternative fuels, processes and operating methods which will result in the eliminator or significant reduction of emissions.

Such information may also include data relating to the cost of installation and operation, energy requirements, emission reduction benefits, and environmental impact or the
emission control technology.

The issuance of air quality guideline values, standards and information on air quality control techniques shall be made available to the general public: Provided, That the issuance of
information on air quality control techniques shall not be construed as requiring the purchase of certain pollution control devices by the public.

Section 12. Ambient Air Quality Guideline Values and Standards. – The Department, in coordination with other concerned agencies, shall review and or revise and publish annually
a list of hazardous air pollutants with corresponding ambient guideline values and/or standard necessary to protect health and safety, and general welfare. The initial list and values
of the hazardous air pollutants shall be as follows:

(a) For National Ambient Air Quality Guideline for Criteria Pollutants:

A Maximum limits represented by ninety-eight percentile (98%) values not to be exceed more than once a year.

B Arithmetic mean
C SO2 and Suspended Particulate matter are sampled once every six days when using the manual methods. A minimum of twelve sampling days per quarter of forty-eight sampling
days each year is required for these methods. Daily sampling may be done in the future once continuous analyzers are procured and become available.

D Limits for Total Suspended Particulate Matter with mass median diameter less than 25-50 um.

E Annual Geometric Mean

F Provisional limits for Suspended Particulate Matter with mass median diameter less than 10 microns and below until sufficient monitoring data are gathered to base a proper
guideline.

G Evaluation of this guideline is carried out for 24-hour averaging time and averaged over three moving calendar months. The monitored average value for any three months shall
not exceed the guideline value.

(b) For National Ambient Air Quality Standards for Source Specific Air Pollutants from Industrial Sources/Operations:

1 Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC Rules and Regulations may be considered as guides
in determining compliance.

2 Ninety-eight percentile (98%) values of 30-minute sampling measured at 250C and one atmosphere pressure.

3 Other equivalent methods approved by the Department may be used.

The basis in setting up the ambient air quality guideline values and standards shall reflect, among others, the latest scientific knowledge including information on:

a) Variable, including atmospheric conditions, which of themselves or in combination with other factors may alter the effects on public health or welfare of such air
pollutant;

b) The other types of air pollutants which may interact with such pollutant to produce an adverse effect on public health or welfare; and

c) The kind and extent of all identifiable effects on public health or welfare which may be expected from presence of such pollutant in the ambient air, in varying quantities.

The Department shall base such ambient air quality standards on World Health Organization (WHO) standards, but shall not be limited to nor be less stringent than such standards.

Section 13. Emission Charge System. – The Department, in case of industrial dischargers, and the Department of Transportation and Communication (DOTC), in case of motor
vehicle dischargers, shall, based on environmental techniques, design, impose on and collect regular emission fees from said dischargers as part of the emission permitting system
or vehicle registration renewal system, as the case may be. The system shall encourage the industries and motor vehicles to abate, reduce, or prevent pollution. The basis of the
fees include, but is not limited to, the volume and toxicity of any emitted pollutant. Industries, which shall install pollution control devices or retrofit their existing facilities with
mechanisms that reduce pollution shall be entitled to tax incentives such as but not limited total credits and/or accelerated depreciation deductions.

Section 14. Air Quality Management Fund. – An Air Quality Management Fund to be administered by the Department as a special account in the National Treasury is hereby
established to finance containment, removal, and clean-up operations of the Government in air pollution cases, guarantee restoration of ecosystems and rehabilitate areas affected
by the acts of violators of this Act, to support research, enforcement and monitoring activities and capabilities of the relevant agencies, as well as to provide technical assistance to
the relevant agencies. Such fund may likewise be allocated per airshed for the undertakings herein stated.

The Fund shall be sourced from the fines imposed and damages awarded to the Republic of the Philippines by the Pollution Adjudication Board (PAB), proceeds of licenses and
permits issued by the Department under this Act, emission fees and from donations, endowments and grants in the forms of contributions. Contributions to the Fund shall be
exempted from donor taxes and all other taxes, charges or fees imposed by the Government.

Section 15. Air Pollution Research and Development Program. – The Department, in coordination with the Department of Science and Technology (DOST), other agencies, the
private sector, the academe, NGO’s and PO’s, shall establish a National Research and Development Program for the prevention and control of air pollution. The Department shall
give special emphasis to research on and the development of improved methods having industry-wide application for the prevention and control of air pollution.

Such a research and development program shall develop air quality guideline values and standards in addition to internationally-accepted standards. It shall also consider the socio-
cultural, political and economic implications of air quality management and pollution control.

Article Two

Air Pollution Clearances and Permits for Stationary Sources

Section 16. Permits. – Consistent with the provisions of this Act, the Department shall have the authority to issue permits as it may determine necessary for the prevention and
abatement of air pollution.

Said permits shall cover emission limitations for the regulated air pollutants to help attain and maintain the ambient air quality standards. These permits shall serve as management
tools for the LGUs in the development of their action plan.

Section 17. Emission Quotas. – The Department may allow each regional industrial center that is designated as special airshed to allocate emission quotas to pollution sources
within its jurisdiction that qualify under an environmental impact assessment system programmatic compliance program pursuant to the implementing rules and regulations of
Presidential Decree No. 1586.

Section 18. Financial Liability for Environmental Rehabilitation. – As part of the environmental management plan attached to the environmental compliance certificate pursuant to
Presidential Decree No. 1586 and rules and regulations set therefor, the Department shall require program and project proponents to put up financial guarantee mechanisms to
finance the needs for emergency response, clean-up rehabilitation of areas that may be damaged during the program or project’s actual implementation. Liability for damages shall
continue even after the termination of a program or project, where such damages are clearly attributable to that program or project and for a definite period to be determined by the
Department and incorporated into the environmental compliance certificate.

Financial liability instruments may be in the form a trust fund, environmental insurance, surety bonds, letters of credit, as well as self-insurance. The choice of the guarantee
instruments shall furnish the Department with evidence of availment of such instruments.

Article Three

Pollution from Stationary Sources

Section 19. Pollution From Stationary Sources. – The Department shall, within two (2) years from the effectivity of this Act, and every two (2) years thereafter, review, or as the need
therefore arises, revise and publish emission standards, to further improve the emission standards for stationary sources of air pollution. Such emission standards shall be based on
mass rate of emission for all stationary source of air pollution based on internationally accepted standards, but not be limited to, nor be less stringent than such standards and with
the standards set forth in this section. The standards, whichever is applicable, shall be the limit on the acceptable level of pollutants emitted from a stationary source for the
protection of the public’s health and welfare.

With respect to any trade, industry, process and fuel-burning equipment or industrial plant emitting air pollutants, the concentration at the point of emission shall not exceed the
following limits:

A Other equivalent methods approved by the Department may be used.

B Atomic Absorption Spectrophometry

C All new geothermal power plants starting construction by 01 January 1995 shall control HsS emissions to not more than 150g/GMW-Hr

D All existing geothermal power plants shall control HsS emissions to not more than 200g/GMW-Hr. within 5 years from the date of efectivity of these revised regulations.

E Best practicable control technology for air emissions and liquid discharges. Compliance with air and water quality standards is required.

F Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm.

G Provisional Guideline

Provided, That the maximum limits in mg/ncm particulates in said sources shall be:

A Other Stationary Sources means a trade, process, industrial plant, or fuel burning equipment other than thermal power plants, industrial boilers, cement plants, incinerators and
smelting furnaces.

Provided, Further, That the maximum limits for sulfur oxides in said sources shall be:

A Other Stationary Sources refer to existing and new stationary sources other than those caused by the manufacture of sulfuric acid and sulfonation process, fuel burning
equipment and incineration.

For stationary sources of pollution not specifically included in the immediately preceding paragraph, the following emission standards shall not be exceeded in the exhaust gas:

I. Daily And Half Hourly Average Values

II. All the Average Values Over the Sample Period of a Minimum of 4 and Maximum of 8 Hours.

These average values cover also gaseous and the vapor forms of the relevant heavy metal emission as well as their compounds: Provided, That the emission of dioxins and furans
into the air shall be reduced by the most progressive techniques: Provided, Further, That all average of dioxin and furans measured over the sample period of a minimum of 5 hours
and maximum of 8 hours must not exceed the limit value of 0.1 nanogram/m3.

Pursuant to Sec. 8 of this Act, the Department shall prepare a detailed action plan setting the emission standards or standards of performance for any stationary source the
procedure for testing emissions for each type of pollutant, and the procedure for enforcement of said standards.

Existing industries, which are proven to exceed emission rates established by the Department in consultation with stakeholders, after a thorough, credible and transparent
measurement process shall be allowed a grace period of eighteen (18) months for the establishment of an environmental management system and the installation of an appropriate
air pollution control device : Provided, That an extension of not more than twelve (12) months may be allowed by the Department on meritorious grounds.

Section 20. Ban on Incineration. – Incineration, hereby defined as the burning of municipal, biomedical and hazardous waste, which process emits poisonous and toxic fumes is
hereby prohibited; Provided, however, That the prohibition shall not apply to traditional small-scale method of community/neighborhood sanitation “siga”, traditional, agricultural,
cultural, health, and food preparation and crematoria; Provided, Further, That existing incinerators dealing with a biomedical wastes shall be out within three (3) years after the
effectivity of this Act; Provided, Finally, that in the interim, such units shall be limited to the burning of pathological and infectious wastes, and subject to close monitoring by the
Department.

Local government units are hereby mandated to promote, encourage and implement in their respective jurisdiction a comprehensive ecological waste management that includes
waste segregation, recycling and composting.

With due concern on the effects of climate change, the Department shall promote the use of state-of-the-art, environmentally-sound and safe non-burn technologies for the
handling, treatment, thermal destruction, utilization, and disposal of sorted, unrecycled, uncomposted, biomedical and hazardous wastes.

Article Four

Pollution from Motor Vehicles

Section 21. Pollution from Motor Vehicles. – a) The DOTC shall implement the emission standards for motor vehicles set pursuant to and as provided in this Act. To further improve
the emission standards, the Department shall review, revise and publish the standards every two (2) years, or as the need arises. It shall consider the maximum limits for all major
pollutants to ensure substantial improvement in air quality for the health, safety and welfare of the general public.

The following emission standards for type approval of motor vehicles shall be effective by the year 2003:

a) For light duty vehicles, the exhaust emission limits for gaseous pollutants shall be:

Emission Limits for Light Duty Vehicles

Type Approval

(Directive 91/441/EEC)
A for compression-ignition engines only

b) For light commercial vehicles, the exhaust emission limit of gaseous pollutants as a function of the given reference mass shall be:

Emission Limits for Light Commercial Vehicles

Type Approval

(Directive 93/59/EEC)

A for compression-ignition engines only

c) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants shall be:

Emission Limits for Heavy Duty Vehicles

Type Approval

(Directive 91/542/EEC)

A In the case of engines of 85 kW or less, the limit value for particular emissions in increased by multiplying the quoted limit by a coefficient of 1.7

Fuel evaporative emission for spark-ignition engines shall not exceed 2.0 grams hydrocarbons per test. Likewise, it shall not allow any emission of gases from crankcase ventilation
system into the atmosphere.

b) The Department, in collaboration with the DOTC, DTI and LGUs, shall develop an action plan for the control and management of air pollution from motor vehicles
consistent with the Integrated Air Quality Framework. The DOTC shall enforce compliance with the emission standards for motor vehicles set by the Department. The
DOTC may deputize other law enforcement agencies and LGUs for this purpose. To this end, the DOTC shall have the power to:

(1) Inspect and monitor the emissions of motor vehicles;

(2) Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area or street at specified times; and

(3) Authorize private testing emission testing centers duly accredited by the DTI.

c) The DOTC, together with the DTI and the Department, shall establish the procedures for the inspection of motor vehicles and the testing of their emissions for the
purpose of determining the concentration and/or rate of pollutants discharged by said sources.

d) In order to ensure the substantial reduction of emissions from motor vehicles, the Department of Trade and Industry (DTI), together with the DOTC and the Department
shall formulate and implement a national motor vehicle inspection and maintenance program that will promote efficient and safe operation of all motor vehicles. In this
regard, the DTI shall develop and implement standards and procedures for the certification of training institutions, instructors and facilities and the licensing of qualified
private service centers and their technicians as prerequisite for performing the testing, servicing, repair and the required adjustment to the vehicle emission system. The
DTI shall likewise prescribe regulations requiring the disclosure of odometer readings and the use of tamper-resistant odometers for all motor vehicles including tamper-
resistant fuel management systems for the effective implementation of the inspection and maintenance program.

Section 22. Regulation of All Motor Vehicles and Engines. – Any imported new or locally-assembled new motor vehicle shall not be registered unless it complies with the emission
standards set pursuant to this Act, as evidenced by a Certificate of Conformity (COC) issued by the Department.

Any imported new motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission standards set pursuant to this Act.

Any imported used motor vehicle or rebuilt motor vehicle using new or used engines, major parts or components shall not be registered unless it complies with the emission
standards.

In case of non-compliance, the importer or consignee may be allowed to modify or rebuild the vehicular engine so it will be in compliance with applicable emission standards.

No motor vehicle registration (MVR) shall be issued unless such motor vehicle passes the emission testing requirement promulgated in accordance with this Act. Such testing shall
be conducted by the DOTC or its authorized inspection centers within sixty (60) days prior to date of registration.

The DTI shall promulgate the necessary regulations prescribing the useful life of vehicles and engines including devices in order to ensure that such vehicles will conform to the
emissions which they were certified to meet. These regulations shall include provisions for ensuring the durability of emission devices.

Section 23. Second-Hand Motor Vehicle Engines. – Any imported second-hand motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with
emission standards set pursuant to this Act.

Article Five

Pollution from Other Sources

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 LGUs.

Section 25. Pollution from other mobile sources. – The Department, in coordination with appropriate agencies, shall formulate and establish the necessary standards for all mobile
sources other than those referred to in Sec. 21 of this Act. The imposition of the appropriate fines and penalties from these sources for any violation of emission standards shall be
under the jurisdiction of the DOTC.

Chapter 3

Fuels, Additives, Substances and Pollutants

Article One

Fuels, Additives and Substances

Section 26. Fuels and Additives. – Pursuant to the Air Quality Framework to be established under Section 7 of this Act, the Department of Energy (DOE), co-chaired by the
Department of Environment and Natural Resources (DENR), in consultation with the Bureau of Product Standards (BPS) of the DTI, the DOST, the representatives of the fuel and
automotive industries, academe and the consumers shall set the specifications for all types of fuel and fuel-related products, to improve fuel composition for increased efficiency and
reduced emissions: Provided, however, that the specifications for all types of fuel and fuel-related products set-forth pursuant to this section shall be adopted by the BPS as
Philippine National Standards (PNS).

The DOE shall also specify the allowable content of additives in all types of fuels and fuel-related products. Such standards shall be based primarily on threshold levels of health
and research studies. On the basis of such specifications, the DOE shall likewise limit the content or begin that phase-out of additives in all types of fuels and fuel-related products
as it may deem necessary. Other agencies involved in the performance of this function shall be required to coordinate with the DOE and transfer all documents and information
necessary for the implementation of this provision.

Consistent with the provisions of the preceding paragraphs under this section, it is declared that:

a) Not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into
commerce unleaded premium gasoline fuel which has an anti-knock index (AKI) of not less that 87.5 and Reid vapor pressure of not more than 9 psi. Within six (6)
months after the effectivity of this Act, unleaded gasoline fuel shall contain aromatics not to exceed forty-five percent (45%) by volume and benzene not to exceed four
percent (4%) by volume; Provided, that by year 2003, unleaded gasoline fuel should contain aromatics not to exceed thirty-five percent (35%) by volume and benzene
not to exceed two percent (2%) by volume;

b) Not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into
commerce automotive diesel fuel which contains a concentration of sulfur in excess of 0.20% by weight with a cetane number of index of not less than forty-eight (48):
Provided, That by year 2004, content of said sulfur shall be 0.05% by weight; and

c) Not later than eighteen (18) months after the effectivity of this Act, no Person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into
commerce industrial diesel fuel which contains a concentration of sulfur in excess of 0.30% (by weight).

Every two (2) years thereafter or as the need arises, the specifications of unleaded gasoline and of automotive and industrial diesel fuels shall be reviewed and revised for further
improvement in formulation and in accordance with the provisions of this Act.

The fuels characterized above shall be commercially available. Likewise, the same shall be the reference fuels for emission and testing procedures to be established in accordance
with the provisions of this Act.

Any proposed additive shall not in any way increase emissions of any of the regulated gases which shall include, but not limited to carbon monoxide, hydrocarbons, and oxides of
nitrogen and particulate matter, in order to be approved and certified by the Department.

Section 27. Regulation of Fuels and Fuel Additives. – The DOE, in coordination with the Department and the BPS, shall regulate the use of any fuel or fuel additive. No
manufacturer, processor or trader of any fuel or additive may import, sell, offer for sale, or introduce into commerce such fuel for additive unless the same has been registered with
the DOE. Prior to registration, the manufacturer, processor or trader shall provide the DOE with the following relevant information:

a) Product identity and composition to determine the potential health effects of such fuel additives;

b) Description of the analytical technique that can be used to detect and measure the additive in any fuel;

c) Recommended range of concentration; and

d) Purpose in the use of the fuel and additive.

Section 28. Misfueling. – In order to prevent the disabling of any emission control device by lead contamination, no person shall introduce or cause or allow the introduction of
leaded gasoline into any motor vehicle equipped with a gasoline tank filler inlet and labeled “unleaded gasoline only”. This prohibition shall also apply to any person who knows or
should know that such vehicle is designed solely for the use of unleaded gasoline.

Section 29. Prohibition on Manufacture, Import and Sale of leaded Gasoline and of Engines and/or Components Requiring Leaded Gasoline. – Effective not later than eighteen (18)
months after the enactment of this Act, no person shall manufacture, import, sell, offer for sale, introduce into commerce, convey or otherwise dispose of, in any manner, leaded
gasoline and engines and components requiring the use of leaded gasoline.

For existing vehicles, the DTI shall formulate standards and procedures that will allow non-conforming engines to comply with the use of unleaded fuel within five(5) years after the
effectivity of this Act.

Article Two

Other Pollutants

Section 30. Ozone-Depleting Substances. – Consistent with the terms and conditions of the Montreal Protocol on Substances that Deplete the Ozone Layer and other international
agreements and protocols to which the Philippines is a signatory, the Department shall phase out ozone-depleting substances.

Within sixty (60) days after the enactment of this Act, the Department shall publish a list of substances which are known to cause harmful effects on the stratospheric ozone layer.

Section 31. Greenhouse Gases. – The Philippine Atmospheric, Geophysical and Astronomical Service

Administration (PAGASA) shall regularly monitor meteorological factors affecting environmental conditions including ozone depletion and greenhouse gases and coordinate with the
Department in order to effectively guide air pollution monitoring and standard-setting activities.

The Department, together with concerned agencies and local government units, shall prepare and fully implement a national plan consistent with the United Nations Framework
Convention on Climate Change and other international agreements, conventions and protocols on the reduction of greenhouse gas emissions in the country.
Section 32. Persistent Organic Pollutants. – The Department shall, within a period of two (2) years after the enactment of this Act, establish an inventory list of all sources of
Persistent Organic Pollutants (POPs) in the country. The Department shall develop short-term and long-term national government programs on the reduction and elimination of
POPs such as dioxins and furans. Such programs shall be formulated within a year after the establishment of the inventory list.

Section 33. Radioactive Emissions. – All projects which will involve the use of atomic and/or nuclear energy, and will entail release and emission of radioactive substances into the
environment, incident to the establishment or possession of nuclear energy facilities and radioactive materials, handling, transport, production, storage, and use of radioactive
materials, shall be regulated in the interest of public health and welfare by the Philippine

Nuclear Research Institute (PNRI), in coordination with Department and other appropriate government agencies.

Chapter 4

Institutional Mechanism

Section 34. Lead Agency. – The Department, unless otherwise provided herein, shall be the primary government agency responsible for the implementation and enforcement of this
Act. To be more effective in this regard, The Department’s Environmental Management Bureau (EMB) shall be converted from a staff bureau to a line bureau for a period of no more
than two (2) years, unless a separate, comprehensive environmental management agency is created.

Section 35. Linkage Mechanism. – The Department shall consult, participate, cooperate and enter into agreement with other government agencies, or with affected non-
governmental (NGOs) or people’s organizations (POs),or private enterprises in the furtherance of the objectives of this Act.

Section 36. Role of Local Government Units. – Local Government Units (LGUs) shall share the responsibility in the management and maintenance of air quality within their territorial
jurisdiction. Consistent with Sections 7, 8 and 9 of this Act, LGUs shall implement air quality standards set by the Board in areas within their jurisdiction; Provided, however, That in
case where the board has not been duly constituted and has not promulgated its standards, the standards set forth in this Act shall apply.

The Department shall provide the LGUs with technical assistance, trainings and a continuing capability-building program to prepare them to undertake full administration of the air
quality management and regulation within their territorial jurisdiction.

Section 37. Environmental and Natural Resources Office. – There may be established an Environment and Natural Resources Office in every province, city, or municipality which
shall be headed by the environment and natural resources officer and shall be appointed by the Chief Executive of every province, city or municipality in accordance with the
provisions of Section 484 of Republic Act No. 7160. Its powers and duties, among others, are:

a) To prepare comprehensive air quality management programs, plans and strategies within the limits set forth in Republic act. No. 7160 and this Act which shall be
implemented within its territorial jurisdiction upon the approval of the sanggunian;

b) To provide technical assistance and support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery of basic services and the
provision of adequate facilities relative to air quality;

c) To take the lead in all efforts concerning air quality protection and rehabilitation;

d) To recommend to the Board air quality standards which shall not exceed the maximum permissible standards set by rational laws;

e) To coordinate with other government agencies and non-governmental organizations in the implementation of measures to prevent and control air pollution; and

f) Exercise such other powers and perform such duties and functions as may be prescribed by law or ordinance: Provided, however, That in provinces/cities/municipalities
where there are no environment and natural resources officers, the local executive concerned may designate any of his official and/or chief of office preferably the
provincial, city or municipal agriculturist, or any of his employee: Provided, Finally, That in case an employee is designated as such, he must have sufficient experience
in environmental and natural resources management, conservation and utilization.

Section 38. Record-keeping, Inspection, Monitoring and Entry by the Department. – The Department or its duly accredited entity shall, after proper consultation and notice, require
any person who owns or operates any emissions source or who is subject to any requirement of this Act to:

(a) Establish and maintain relevant records;

(b) Make relevant reports;

© install, use and maintain monitoring equipment or methods;

(c) Sample emission, in accordance with the methods, locations, intervals and manner prescribed by the Department;

€ keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; and

(f) provide such other information as the Department may reasonably require.

Pursuant to this Act, the Department, through its authorized representatives, shall have the right of:

(a) Entry or access to any premises including documents and relevant materials as referred to in the herein preceding paragraph;

(b) Inspect any pollution or waste source, control device, monitoring equipment or method required; and

© test any emission.

Any record, report or information obtained under this section shall be made available to the public, except upon a satisfactory showing to the Department by the entity concerned
that the record, report or information, or parts thereof, if made public, would divulge secret methods or processes entitled to protection as intellectual property. Such record, report or
information shall likewise be incorporated in the Department’s industrial rating system.
Section 39. Public Education and Information Campaign. – A continuing air quality information and education campaign shall promoted by the Department, the Department of
Education, Culture and Sports (DECS), the Department of the Interior and Local Government (DILG), the Department of Agriculture (DA) and the Philippine Information Agency
(PIA). Consistent with Sec. 7 of this Act, such campaign shall encourage the participation of other government agencies and the private sector including NGOs, POs, the academe,
environmental groups and other private entities in a multi-sectoral information campaign.

Chapter 5

Actions

Section 40. Administrative Action. – Without prejudice to the right of any affected person to file an administrative action, the Department shall, on its own instance or upon verified
complaint by any person, institute administrative proceedings against any person who violates:

(a) Standards or limitation provided under this Act; or

(b) Any order, rule or regulation issued by the Department with respect to such standard or limitation.

Section 41. Citizen Suits. – For purposes of enforcing the provisions of this Act or its implementing rules and regulations, any citizen may file an appropriate civil, criminal or
administrative action in the proper courts against:

(a) Any person who violates or fails to comply with the provisions of this Act or its implementing rules and regulations; or

(b) The Department or other implementing agencies with respect to orders, rules and regulations issued inconsistent with this Act; and/or

© Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as a duty by this Act or its implementing rules and regulations; or abuses his
authority in the performance of his duty; or, in any manner, improperly performs his duties under this Act or its implementing rules and regulations: Provided, however, That no suit
can be filed until thirty-day (30) notice has been taken thereon.

The court shall exempt such action from the payment of filing fees, except fees for actions not capable of pecuniary estimations, and shall likewise, upon prima facie showing of the
non-enforcement or violation complained of, exempt the plaintiff from the filing of an injunction bond for the issuance of a preliminary injunction.

Within thirty (30) days, the court shall make a determination if the compliant herein is malicious and/or baseless and shall accordingly dismiss the action and award attorney’s fees
and damages.

Section 42. Independence of Action. – The filing of an administrative suit against such person/entity does not preclude the right of any other person to file any criminal or civil action.
Such civil action shall proceed independently.

Section 43. Suits and Strategic Legal Actions Against Public Participation and the Enforcement of This Act. – Where a suit is brought against a person who filed an action as
provided in Sec. 41 of this Act, or against any person, institution or government agency that implements this Act, it shall be the duty of the investigating prosecutor or the court, as
the case may be, to immediately make a determination not exceeding thirty (30) days whether said legal action has been filed to harass, vex, exert undue pressure or stifle such
legal recourses of the person complaining of or enforcing the provisions of this Act. Upon determination thereof, evidence warranting the same, the court shall dismiss the case and
award attorney’s fees and double damages.

This provision shall also apply and benefit public officers who are sued for acts committed in their official capacity, their being no grave abuse of authority, and done in the course of
enforcing this Act.

Section 44. Lien Upon Personal and Immovable Properties of Violators. – Fines and penalties imposed pursuant to this Act shall be liens upon personal or immovable properties of
the violator. Such lien shall, in case of insolvency of the respondent violator, enjoy preference to laborer’s wages under Articles 2241 and 2242 of Republic Act No. 386, otherwise
known as the New Civil Code of the Philippines.

Chapter 6

Fines and Penalties

Section 45. Violation of Standards for Stationary Sources. – For actual exceedance of any pollution or air quality standards under this Act or its rules and regulations, the
Department, through the Pollution Adjudication Board (PAB), shall impose a fine of not more than One hundred thousand pesos (P100,000.00) for every day of violation against the
owner or operator of a stationary source until such time that the standards have been complied with.

For purposes of the application of the fines, the PAB shall prepare a fine rating system to adjust the maximum fine based on the violator’s ability to pay, degree of willfulness, degree
of negligence, history of non-compliance and degree of recalcitrance: Provided, That in case of negligence, the first time offender’s ability to pay may likewise be considered by the
Pollution Adjudication Board: Provided, Further, That in the absence of any extenuating or aggravating circumstances, the amount of fine for negligence shall be equivalent to one-
half of the fine for willful violation.

The fines herein prescribed shall be increased by at least ten percent (10%), every three (3) years to compensate for inflation and to maintain the deterrent function of such fines.

In addition to the fines, the PAB shall order closure, suspension of development, construction, or operations of the stationary sources until such time that proper environmental
safeguards are put in place: Provided, That an establishment liable for a third offense shall suffer permanent closure immediately. This paragraph shall be without prejudice to the
immediate issuance of an ex parte order for such closure, suspension of development or construction, or cessation of operations during the pendency of the case upon prima facie
evidence that there is imminent threat to life, public health, safety or general welfare, or to plant or animal life, or whenever there is an exceedance of the emission standards set by
the Department and/or the Board and/or the appropriate LGU.

Section 46. Violation of Standards for Motor Vehicles. – No motor vehicle shall be registered with the DOTC unless it meets the emission standards set by the Department as
provided in Sec. 21 hereof.

Any vehicle suspected of violation of emission standards through visual signs, such as, but not limited to smoke-belching, shall be subjected to an emission test by a duly authorized
emission testing center. For this purpose, the DOTC or its authorized testing center shall establish a roadside inspection system. Should it be shown that there was no violation of
emission standards, the vehicle shall be immediately released. Otherwise, a testing result indicating an exceedance of the emission standards would warrant the continuing custody
of the impounded vehicle unless the appropriate penalties are fully paid, and the license plate is surrendered to the DOTC pending the fulfillment of the undertaking by the
owner/operator of the motor vehicle to make the necessary repairs so as to comply with the standards. A pass shall herein be issued by the DOTC to authorize the use of the motor
vehicle within a specified period that shall not exceed seven (7) days for the sole purpose of making the necessary repairs on the said vehicle. The owner/operator of the vehicle
shall be required to correct its defects and show proof of compliance to the appropriate pollution control office before the vehicle can be allowed to be driven on any public or
subdivision roads.

In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control management conducted by the DOTC and shall also suffer the following
penalties:

a) First Offense – a fine not to exceed Two Thousand Pesos (P2,000.00);

b) Second Offense – a fine not less than Two Thousand Pesos (P2,000.00) and not to exceed Four Thousand Pesos (P4,000.00); and

c) Third offense – one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less than Four Thousand Pesos (P4,000.00) and not
more than Six thousand pesos (P6,000.00).

Any violation of the provisions of Sec. 21 paragraph (d) with regard to national inspection and maintenance program, including technicians and facility compliance shall penalized
with a fine of not less than Thirty Thousand Pesos (P30,000.00) or cancellation of license of both the technician and the center, or both, as determined by the DTI.

All law enforcement officials and deputized agents accredited to conduct vehicle emissions testing and apprehensions shall undergo a mandatory training on emission standards
and regulations. For this purpose, the Department, together with the DOTC, DTI, DOST, Philippine National Police (PNP) and other concerned agencies and private entities shall
design a training program.

Section 47. Fines and Penalties for Violations of Other Provisions in the Act. – For violations of all other provisions provided in this Act and of the rules and regulations thereof, a fine
of not less than Ten thousand pesos (P10,000) but not more than One Hundred thousand Pesos (P100,000) or six (6) months to six (6) years imprisonment or both shall be
imposed. If the offender is a juridical person, the president, manager, directors, trustees, the pollution control officer or the officials directly in charge of the operations shall suffer the
penalty herein provided.

Section 48. Gross Violations. – In case of gross violation of this Act or its implementing rules and regulations, the PAB shall recommend to the proper government agencies to file
the appropriate criminal charges against the violators. The PAB shall assist the public prosecutor in the litigation of the case. Gross violation shall mean:

(a) Three (3) or more specific offenses within a period of one (1) year;

(b) Three (3) or more specific offenses with three (3) consecutive years;

© blatant disregard of the orders of the PAB, such s but not limited to the breaking of seal, padlocks and other similar devices, or operation despite the existence of an order for
closure, discontinuance or cessation of operation; and

(c) Irreparable or grave damage to the environment as a consequence of any violation of the provisions of this Act.

Offenders shall be punished with imprisonment of not less than six (6) years but not more than ten (10) years at the discretion of the court. If the offender is a juridical person, the
president, manager, directors, trustees, the pollution control officer or the officials directly in charge of the operations shall suffer the penalty herein provided.

Chapter 7

Final Provisions

Section 49. Potential Loss or Shifts of Employment. – The Secretary of Labor is hereby authorized to establish a compensation, retraining and relocation program to assist workers
laid off due to a company’s compliance with the provisions of this Act.

Section 50. Appropriations. – An amount of Seven Hundred Fifty Million Pesos (P750,000,000.00) shall be appropriated for the initial implementation of this Act, of which, the
amount of Three Hundred Million Pesos (P300,000,000.00) shall be appropriated to the Department; Two Hundred Million Pesos (P200,000,000.00) to the DTI; One Hundred Fifty
Million Pesos (P150,000,000.00) to the DOTC; and One Hundred Million Pesos (P100,000,000.00) to the DOE.

Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be included in the General Appropriations Act.

Section 51. Implementing Rules and Regulations. – The Department, in coordination with the Committees on Environment and Ecology of the Senate and House of
Representatives, respectively and other agencies, shall promulgate the implementing rules and regulations for this Act, within one (1) year after the enactment of this Act: Provided,
That rules and regulations issued by other government agencies and instrumentalities for the prevention and/or abatement of pollution not inconsistent with this Act shall
supplement the rules and regulations issued by the Department pursuant to the provisions of this Act
B) REPUBLIC ACT NO. 9211
AN ACT REGULATING THE PACKAGING, USE, SALE, DISTRIBUTION AND ADVERTISEMENTS OF TOBACCO PRODUCTS AND FOR OTHER PURPOSES
SECTION 1. Short Title.—This Act shall be known as the Tobacco Regulation Act of 2003.
SECTION 2. Policy.—It is the policy of the State to protect the populace from hazardous products and promote the right to health and instill health consciousness among them. It is
also the policy of the State, consistent with the Constitutional ideal to promote the general welfare, to safeguard the interests of the workers and other stakeholders in the tobacco
industry. For these purposes, the government shall institute a balanced policy whereby the use, sale and advertisements of tobacco products shall be regulated in order to promote
a healthful environment and protect the citizens from the hazards of tobacco smoke, and at the same time ensure that the interests of tobacco farmers, growers, workers and
stakeholders are not adversely compromised.
SECTION 3. Purpose.—It is the main thrust of this Act to:
a. Promote a healthful environment;
b. Inform the public of the health risks associated with cigarette smoking and tobacco use;
c. Regulate and subsequently ban all tobacco advertisements and sponsorships;
d. Regulate the labeling of tobacco products;
e. Protect the youth from being initiated to cigarette smoking and tobacco use by prohibiting the sale of tobacco products to minors;
f. Assist and encourage Filipino tobacco farmers to cultivate alternative agricultural crops to prevent economic dislocation; and
g. Create an Inter-Agency Committee on Tobacco (IAC-Tobacco) to oversee the implementation of the provisions of this Act.
SECTION 4. Definition of Terms.—As used in this Act:
a. “Advertisement”—refers to any visual and/or audible message disseminated to the public about or on a particular product that promote and give publicity by words, designs,
images or any other means through broadcast, electronic, print or whatever form of mass media, including outdoor advertisements, such as but not limited to signs and billboards.
For the purpose of this Act, advertisement shall be understood as tobacco advertisement.
b. “Advertising”—refers to the business of conceptualizing, presenting, making available and communicating to the public, through any form of mass media, any fact, data or
information about the attributes, features, quality or availability of consumer products, services or credit.
For the purpose of this Act, advertising shall be understood as tobacco advertising. This shall specifically refer to any messages and images promoting smoking; the purchase or
use of cigarette or tobacco products; and cigarette or tobacco trademarks, brand names, design and manufacturer’s names;
c. “Advertiser”—refers to a person or entity on whose account or for whom an advertisement is prepared and disseminated by the advertising agency, which is a service established
and operated for the purpose of counseling or creating and producing and/or implementing advertising programs in various forms of media;
d. “Cigarette”—refers to any roll or tubular construction, which contains tobacco or its derivatives and is intended to be burned or heated under ordinary conditions of use;
e. “Distributor”—refers to any person to whom a tobacco product is delivered or sold for purposes of distribution in commerce, except that such term does not include a
manufacturer or retailer or common carrier of such product;
f. “Mass Media”—refers to any medium of communication designed to reach a mass of people. For this purpose, mass media includes print media such as, but not limited to,
newspapers, magazines, and publications; broadcast media such as, but not limited to radio, television, cable television, and cinema; electronic media such as but not limited to the
internet;
g. “Minor”—refers to any person below eighteen (18) years old;
h. “Manufacturer”—refers to any person or entity, including a repacker, who makes, fabricates, assembles, processes, or labels a finished product;
i. “Package”—refers to packs, boxes, cartons or containers of any kind in which any tobacco product is offered for sale to consumers;
j. “Person”—refers to an individual, partnership, corporation or any other business or legal entity;
k. “Point-of-Sale”—refers to any location at which an individual can purchase or otherwise obtain tobacco products;
l. “Promotion”—refers to an event or activity organized by or on behalf of a tobacco manufacturer, distributor or retailer with the aim of promoting a brand of tobacco product, which
event or activity would not occur but for the support given to it by or on behalf of the tobacco manufacturer, distributor or retailer. It may also refer to the display of a tobacco product
or manufacturer’s name, trademark, logo, etc. on non-tobacco products. This includes the paid use of tobacco products bearing the brand names, trademarks, logos, etc. in movies,
television and other forms of entertainment. For the purpose of this Act, promotion shall be understood as tobacco promotion;
m. “Public Conveyances”—refer to modes of transportation servicing the general population, such as, but not limited to, elevators, airplanes, buses, taxicabs, ships, jeepneys, light
rail transits, tricycles, and similar vehicles;
n. “Public Places”—refer to 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;
o. “Retailer”—refers to any person who or entity that sells tobacco products to individuals for personal consumption;
p. “Smoking”—refers to the act of carrying a lighted cigarette or other tobacco products, whether or not it is being inhaled or smoked;
q. “Sponsorship”—refers to any public or private contribution to a third party in relation to an event, team or activity made with the aim of promoting a brand of tobacco product,
which event, team or activity would still exist or occur without such contribution. For the purpose of this Act, sponsorship shall be understood as tobacco sponsorship;
r. “Tobacco”—refers to agricultural components derived from the tobacco plant, which are processed for use in the manufacturing of cigarettes and other tobacco products;
s. “Tobacco Product”—refers to any product that consists of loose tobacco that contains nicotine and is intended for use in a cigarette, including any product containing tobacco and
intended for smoking or oral or nasal use. Unless stated otherwise, the requirements of this Act pertaining to cigarettes shall also apply to other tobacco products;
t. “Tobacco Grower”—refers to any person who plants tobacco before the enactment of this Act and classified as such by the National Tobacco Administration (NTA); and
u. “Warning”—refers to the notice printed on the tobacco product or its container and/or displayed in print or aired in broadcast or electronic media including outdoor advertising and
which shall bear information on the hazards of tobacco use.
Healthful Environment
SECTION 5. Smoking Ban in Public Places.—Smoking shall be absolutely prohibited in the following public places:
a. Centers of youth activity such as playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels and recreational facilities for
persons under eighteen (18) years old;
b. Elevators and stairwells;
c. Locations in which fire hazards are present, including gas stations and storage areas for flammable liquids, gas, explosives or combustible materials;
d. Within the buildings and premises of public and private hospitals, medical, dental, and optical clinics, health centers, nursing homes, dispensaries and laboratories;
e. Public conveyances and public facilities including airport and ship terminals and train and bus stations, restaurants and conference halls, except for separate smoking areas; and
f. Food preparation areas.
SECTION 6. Designated Smoking and Non-smoking Areas.—In all enclosed places that are open to the general public, private workplaces and other places not covered under the
preceding section, where smoking may expose a person other than the smoker to tobacco smoke, the owner, proprietor, operator, possessor, manager or administrator of such
places shall establish smoking and non-smoking areas. Such areas may include a designated smoking area within the building, which may be in an open space or separate area
with proper ventilation, but shall not be located within the same room that has been designated as a non-smoking area.
All designated smoking areas shall have at least one (1) legible and visible sign posted, namely “SMOKING AREA” for the information and guidance of all concerned. In addition,
the sign or notice posted shall include a warning about the health effects of direct or secondhand exposure to tobacco smoke. Non-Smoking areas shall likewise have at least one
(1) legible and visible sign, namely: “NON-SMOKING AREA” or “NO SMOKING.”
Access Restrictions
SECTION 7. Vending Machines, Self-Service Facilities.—Unless the vending machine has a mechanism for age verification, the sale or distribution of tobacco products to minors by
means of a vending machine or any self-service facility or similar contraption or device is prohibited, except at point-of-sale establishments.
SECTION 8. Retailer Compliance with Respect to Self-Service Facilities.—Each retailer shall ensure that all tobacco-related self-service displays or facilities, advertising, labeling
and other items that are located in the establishment of the retailer and that do not comply with the requirements of this Act are removed or are brought into compliance with the
requirements of this Act.
SECTION 9. Minimum Age Sales.—Under this Act, it shall be unlawful:
a. For any retailer of tobacco products to sell or distribute tobacco products to any minor;
b. For any person to purchase cigarettes or tobacco products from a minor;
c. For a minor to sell or buy cigarettes or any tobacco product; and
d. For a minor to smoke cigarettes or any other tobacco products.
It shall not be a defense for the person selling or distributing that he/she did not know or was not aware of the real age of the minor. Neither shall it be a defense that he/she did not
know nor had any reason to believe that the cigarette or any other tobacco product was for the consumption of the minor to whom it was sold.
SECTION 10. Sale of Tobacco Products Within School Perimeters.—The sale or distribution of tobacco products is prohibited within one hundred (100) meters from any point of the
perimeter of a school, public playground or other facility frequented particularly by minors.
SECTION 11. Signage.—Point-of-Sale establishments offering, distributing or selling tobacco products to consumers, shall post the following statement in a clear and conspicuous
manner: “SALE/DISTRIBUTION TO OR PURCHASE BY MINORS OF TOBACCO PRODUCTS IS UNLAWFUL” or “IT IS UNLAWFUL FOR TOBACCO PRODUCTS TO BE
SOLD/DISTRIBUTED TO OR PURCHASED BY PERSONS UNDER 18 YEARS OF AGE.”
SECTION 12. Proof of Age Verification.—In case of doubt as to the age of the buyer, retailers shall verify, by means of any valid form of photographic identification containing the
date of birth of the bearer, that no individual purchasing a tobacco product is below eighteen (18) years of age.
Advertising and Promotions
SECTION 13. Warnings on Cigarette Packages.—Under this Act:
a. All packages in which tobacco products are provided to consumers withdrawn from the manufacturing facility of all manufacturers or imported into the Philippines intended for
sale to the market, starting 1 January 2004, shall be printed, in either English or Filipino, on a rotating basis or separately and simultaneously, the following health warnings:
“GOVERNMENT WARNING: Cigarette Smoking is Dangerous to Your Health;”
“GOVERNMENT WARNING: Cigarettes are Addictive;”
“GOVERNMENT WARNING: Tobacco Smoke Can Harm Your Children;” or
“GOVERNMENT WARNING: Smoking Kills.”
b. Upon effectivity of this Act until 30 June 2006, the health warning shall be located on one side panel of every tobacco product package and occupy not less than fifty percent
(50%) of such side panel including any border or frame.
c. Beginning 1 July 2006, the health warning shall be located on the bottom portion of one (1) front panel of every tobacco product package and occupy not less than thirty percent
(30%) of such front panel including any border or frame. The text of the warning shall appear in clearly legible type in black text on a white background with a black border and in
contrast by typography, layout or color to the other printed matters on the package. The health warning shall occupy a total area of not less than fifty percent (50%) of the total
warning frame.
d. The warnings shall be rotated periodically, or separately and simultaneously printed, so that within any twenty-four (24) month period, the four (4) variations of the warnings shall
appear with proportionate frequency.
e. The warning shall not be hidden or obscured by other printed information or images, or printed in a location where tax or fiscal stamps are likely to be applied to the package or
placed in a location where it will be damaged when the package is opened. If the warning to be printed on the package is likely to be obscured or obliterated by a wrapper on the
package, the warning must be printed on both the wrapper and the package.
f. In addition to the health warning, all packages of tobacco products that are provided to consumers shall contain, on one side panel, the following statement in a clear, legible and
conspicuous manner: “NO SALE TO MINORS” or “NOT FOR SALE TO MINORS.” The statement shall occupy an area of not less than ten percent (10%) of such side panel and
shall appear in contrast by color, typography or layout with all the other printed material on the side panel.
g. No other printed warnings, except the health warning and the message required in this Section, paragraph f. shall be placed on cigarette packages.
SECTION 14. Warnings in Advertising.—Under this Act:
a. All tobacco advertising in mass media shall contain either in English or Filipino, the following health warning: “GOVERNMENT WARNING: Cigarette Smoking is Dangerous to
Your Health.”
b. For print and outdoor advertisements, the warning frame shall be centered across the bottom of the advertisement and occupy a total area of not less than fifteen percent (15%)
of such advertisement including any border or frame. The health warning shall occupy a total area of not less than fifty percent (50%) of the total warning frame. The text of the
health warnings shall be clearly visible and legible, printed in a prominent color as appropriate and shall appear in contrast by color, typography or layout with all other printed
material in the advertisement. The warning shall not be hidden or obscured by other printed information or images in the advertisement.
c. For television and cinema advertisements, the warning shall be clearly shown and voiced over in the last five (5) seconds of the advertisement, regardless of the duration of the
advertisement, even when such advertisement is silent. The health warning shall occupy a total area of not less than fifty percent (50%) of the television screen and shall be clearly
visible, legible and audible, in black text on white background or white text on black background. No other images except the warning shall be included in the warning frame.
d. For radio advertisements, the warning stated after the advertisement shall be clearly and audibly voiced over in the last five (5) seconds of the advertisement, regardless of its
duration.
SECTION 15. Restrictions on Advertising.—The following restrictions shall apply to all tobacco advertising:
a. Advertisements shall not be aimed at or particularly appeal to persons under eighteen (18) years of age.
b. Advertisements shall not feature a celebrity or contain an endorsement, implied or express, by a celebrity.
c. Advertisements shall not contain cartoon characters or subjects that depict humans or animals with comically exaggerated features or that attribute human or unnatural
characteristics to animals, plants or other objects.
d. Advertisements shall only depict persons who are or who appear to be above twenty-five (25) years of age.
e. Advertisements shall not show, portray or depict scenes where the actual use of, or the act of using, puffing or lighting cigarettes or other tobacco products is presented to the
public.
SECTION 16. Restrictions on Print Media Advertising.—The following restrictions shall apply to all print media tobacco advertisements:
a. Advertisements shall not be placed in any printed publication unless there is a reasonable basis to believe that at least seventy-five percent (75%) of the readers of such
publication are eighteen (18) years of age and above, and the number of youth who read it constitutes less than ten percent (10%) of all youth in the Philippines.
b. Advertisements shall not be placed on the packaging or outside covers (front and back) of a magazine, newspaper, journal or other publication printed for general circulation.
SECTION 17. Restrictions on Outdoor Advertising.—The following restrictions shall apply to all outdoor tobacco advertisements:
a. Outdoor advertisements shall not be placed on billboards, wall murals, or transport stops or stations which are within one hundred (100) meters from any point of the perimeter of
a school, public playground or other facility frequented particularly by persons below eighteen (18) years of age.
b. Outdoor advertisements shall not, either individually or when placed in deliberate combination with other outdoor tobacco advertising, exceed seventy (70) square meters in total
size.
c. Outdoor advertisements shall not be placed on taxis, buses, trains or other public conveyance or in stations, terminals or platforms thereof, except point-of-sale establishments.
SECTION 18. Restrictions on Advertising in Cinemas.—Tobacco advertisements are prohibited in connection with the showing of any film where persons below eighteen (18) years
old are permitted admission.
SECTION 19. Restrictions on Television and Radio Advertising.—Advertisements shall not be broadcast on television, cable television, and radio between seven o’clock in the
morning and seven o’clock at night.
SECTION 20. Restrictions on Advertising in Audio, Video and Computer Cassettes/Discs and Similar Medium.—No electronic advertisements shall be incorporated within any video
or audio cassette, videogame machine, optical disc, or any similar medium, unless access to the item is restricted to persons eighteen (18) years of age or older. For the purpose of
this Section, video game includes any electronic amusement device that utilizes a computer, microprocessor, or similar electronic circuitry and its own cathode ray tube, or is
designed to be used with a television set or a monitor that interacts with the user of the device.
SECTION 21. Restrictions on Advertising on the Internet and Similar Medium.—Advertisements are prohibited on the Internet and other similar medium unless the Internet site is
restricted to persons eighteen (18) years of age or older. A site will be deemed restricted if a person cannot obtain access beyond the first page of the website unless the person
has established that he or she is at least eighteen (18) years old. This limitation applies to commercial communications and shall not prevent the use of company Internet websites
to provide information regarding a company, its products and smoking and health related information. This Section shall not prohibit business-to-business transactions conducted on
the Internet and other similar medium between tobacco manufacturers, retailers, and distributors.
SECTION 22. Ban on Advertisements.—Beginning 1 January 2007, all tobacco advertising on television, cable television and radio shall be prohibited.
Beginning 1 July 2007, all cinema and outdoor advertising shall be prohibited. No leaflets, posters and similar outdoor advertising materials may be posted, except inside the
premises of point-of-sale retail establishments.
Beginning 1 July 2008, all forms of tobacco advertising in mass media shall be prohibited except tobacco advertisements placed inside the premises of point-of-sale retail
establishments.
SECTION 23. Restrictions on Tobacco Promotions.—The following restrictions shall apply on all tobacco promotions:
a. Promotions must be directed only to persons at least eighteen (18) years old. No person below eighteen (18) years old or who appear to be below eighteen (18) years old may
participate in such promotions. The participants in promotions must be required to provide proof of age.
b. Communications to consumers about tobacco promotions shall comply with the provisions of this Act governing tobacco advertising. In addition to the required health warning,
the age requirement for participation in any promotion must be clearly marked on the program materials distributed to consumers.
c. All stalls, booths, and other displays concerning tobacco promotions must be limited to point-of-sale locations or adult-only facilities.
d. Telephone communications concerning promotional offers, programs or events must include a recorded health warning message in English or Filipino consistent with the
warnings specified in this Act.
e. No placement shall be made by any manufacturer, distributor, or retailer of any tobacco product or tobacco product package or advertisement as a prop in any television program
or motion picture produced for viewing by the general public or in a video, optical disc or on a video game machine.
f. The name, logo, or other indicia of a cigarette brand may appear on cigarette lighters, ashtrays, or other smoking related items. If such name, logo, or other indicia of a cigarette
brand is larger than fifty (50) square centimeters, the item must carry a health warning consistent with the warnings specified in this Act.
g. No merchandise such as, but not limited to, t-shirts, caps, sweatshirts, visors, backpacks, sunglasses, writing implements and umbrellas, may be distributed, sold or offered,
directly or indirectly, with the name, logo or other indicia of a cigarette brand displayed so as to be visible to others when worn or used. Clothing items must be in adult sizes only.
h. No name, logo, or other indicia of a cigarette brand or element of a brand-related marketing activity, may appear on items that are marketed to or likely to be used by minors such
as, but not limited to, sports equipment, toys, dolls, miniature replicas of racing vehicles, video games, and food. The manufacturer or company must take all available measures to
prevent third parties from using the company’s brand names, logos, or other proprietary material on products that are directed toward minors.
i. No tobacco advertisements may be placed on shopping bags.
SECTION 24. Naming Rights.—Subject to the provisions of this Act:
a. No manufacturer may enter into any agreement pursuant to which payment is made or other consideration is provided by such manufacturer to any sports league, or any team
involved in any such league, in exchange for use of a tobacco product brand.
b. No manufacturer may enter into any agreement for the naming rights of any stadium or arena using a tobacco product brand name or otherwise cause a stadium or arena to be
named with such a brand name.
SECTION 25. Restrictions on Sponsorships.—Beginning 1 July 2006:
a. No sponsorship shall be provided for:
1) an event or activity which bears a tobacco product brand name, unless there is reasonable basis to believe that all persons who compete, or otherwise take an active part, in the
sponsored events or activities are persons eighteen (18) years of age or older;
2) a team or an individual bearing a tobacco product name, unless all persons sponsored are eighteen (18) years of age or older; or
3) a sponsored event or activity reasonably believed to be of particular appeal to persons under eighteen (18) years old.
b. Tobacco brand sponsorships shall be prohibited except where there is a reasonable basis to believe that:
1) attendance at the sponsored event or activity will comprise no less than seventy-five percent (75%) persons at least eighteen (18) years old;
2) the sponsored event or activity will not be of particular appeal to persons under eighteen (18) years old;
3) the sponsored event or activity will not receive exposure, other than as a news item, on television or radio or the Internet, unless such exposure complies with the provisions of
this Act governing tobacco marketing through those media; and
4) the principal activity associated with the sponsorship does not require above-average physical fitness for someone of the age group of those taking part.
c. All persons authorized to bear tobacco product advertisements, logos or brand names at sponsored events shall be at least eighteen (18) years old.
d. All forms of advertising associated with or ancillary to sponsorship shall comply with the marketing provisions of this Act.
SECTION 26. Ban on Sponsorships.—Beginning 1 July 2008, cigarette and tobacco companies are hereby prohibited from sponsoring any sport, concert, cultural or art event, as
well as individual and team athletes, artists or performers where such sponsorship shall require or involve the advertisement or promotion of any cigarette or tobacco company,
tobacco product or tobacco use, name, logo or trademarks and other words, symbols, designs, colors or other depictions commonly associated with or likely to identify a tobacco
product: Provided, That the attribution only to the name of the company in the roster of sponsors shall be allowed: Provided further, That no manufacturer may register a tobacco
brand name as a company name after the passage of this Act.
SECTION 27. Restrictions on Sampling.—The distribution of samples of tobacco products to persons below eighteen (18) years old is prohibited.
SECTION 28. Legal Actions.—Any legal action in connection with the tobacco industry shall be governed by the provisions of the Philippine Civil Code and other applicable laws.
Implementing Agency and Application
SECTION 29. Implementing Agency.—An Inter-Agency Committee—Tobacco (IAC-Tobacco), which shall have the exclusive power and function to administer and implement the
provisions of this Act, is hereby created. The IAC-Tobacco shall be chaired by the Secretary of the Department of Trade and Industry (DTI) with the Secretary of the Department of
Health (DOH) as Vice Chairperson. The IAC-Tobacco shall have the following as members:
a. Secretary of the Department of Agriculture (DA);
b. Secretary of the Department of Justice (DOJ);
c. Secretary of the Department of Finance (DOF);
d. Secretary of the Department of Environment and Natural Resources (DENR);
e. Secretary of the Department of Science and Technology (DOST);
f. Secretary of the Department of Education (DepEd);
g. Administrator of the National Tobacco Administration (NTA);
h. A representative from the Tobacco Industry to be nominated by the legitimate and recognized associations of the industry; and
i. A representative from a nongovernment organization (NGO) involved in public health promotion nominated by DOH in consultation with the concerned NGOs;
The Department Secretaries may designate their Undersecretaries as their authorized representatives to the IAC.
SECTION 30. Application to Tobacco Products.—The provisions of this Act shall apply to all tobacco products placed into commerce in the Philippines. Except as provided below,
no provision of this Act shall apply to tobacco products intended or offered by the manufacturer for export and not for [retail] sale in the Philippines.
Tobacco products intended or offered for export shall be subject only to the requirement that the shipping container shall be prominently marked on the outside “Export Only:”
Provided, That, tobacco products which are marked for export, but are sold/traded or distributed in the Philippine market, shall be subject to immediate confiscation and destruction.
SECTION 31. Compliance Monitoring.—Not later than one (1) year after the date of the effectivity of this Act, and annually thereafter, the IAC-Tobacco shall submit to the President
of the Philippines and to both Houses of Congress a Compliance Monitoring Report on the compliance of the manufacturers on all applicable laws and ordinances with respect to
the manufacture and distribution of tobacco products.
The report shall contain pertinent information on the methods, goals and implementation program of said manufacturers with respect to the requirements of this Act.
Penal Provisions
SECTION 32. Penalties.—The following penalties shall apply:
a. Violation of Sections 5 and 6.—On the first offense, a fine of not less than Five hundred pesos (Php500.00) but not more than One thousand pesos (Php1,000.00) shall be
imposed.
On the second offense, a fine of not less than One thousand pesos (Php1,000.00) but not more than Five thousand pesos (Php5,000.00) shall be imposed.
On the third offense, in addition to a fine of not less than Five thousand pesos (Php5,000.00) but not more than Ten thousand pesos (Php10,000.00), the business permits and
licenses to operate shall be cancelled or revoked.
b. Violation of Sections 7, 8, 9, 10, and 11.—On the first offense, any person or any business entity or establishment selling to, distributing or purchasing a cigarette or any other
tobacco products for a minor shall be fined the amount of not less than Five thousand pesos (Php5,000.00) or an imprisonment of not more than thirty (30) days, upon the discretion
of the court. For succeeding offenses, both penalties shall apply in addition to the revocation of business licenses or permits in the case of a business entity or establishment.
If the violation is by an establishment of business entity, the owner, president, manager, or the most senior officers thereof shall be held liable for the offense.
If a minor is caught selling, buying or smoking cigarettes or any other tobacco products, the provisions of Article 189 of Presidential Decree No. 603 otherwise known as The Child
and Youth Welfare Code, as amended, shall apply.
c. Violation of Sections 13 to 27.—On the first offense, a fine of not more than One hundred thousand pesos (Php100,000.00) or imprisonment of not more than one (1) year, or
both, at the discretion of the court shall be imposed.
On the second offense, a fine of Two hundred thousand pesos (Php200,000.00) or imprisonment of not more than two (2) years, or both, at the discretion of the court shall be
imposed.
On the third offense, in addition to a fine of not more than Four hundred thousand pesos (Php400,000.00) or imprisonment of not more than three (3) years, or both, at the discretion
of the court, the business permits and licenses, in the case of a business entity or establishment, shall be revoked or cancelled.
In the case of a business entity or establishment, the owner, president, manager or officials thereof shall be liable.
If the guilty officer is an alien, he shall summarily be deported after serving his sentence, and shall be forever barred from re-entering the Philippines.
Programs and Projects
SECTION 33. Programs and Projects.—For a period not exceeding five (5) years, the National Government and the concerned departments and agencies shall provide the
following programs and projects:
a. Tobacco Growers’ Assistance Program—This program shall be utilized to support financially the tobacco farmers who may be displaced due to the implementation of this Act or
has voluntarily ceased to produce tobacco. To avail of this program, a beneficiary shall present convincing and substantial evidence that:
1) He or she has been a tobacco farmer for the last three (3) years prior to January 1, 2004;
2) He or she belongs to the tobacco-producing provinces;
3) He or she has a certificate of eligibility to apply issued by the Local Government Unit and the NTA; and
4) He or she has ceased to plant tobacco for the next preceding season after the enactment of this Act.
b. Tobacco Growers’ Cooperative.—This program shall promote cooperative programs to assist tobacco farmers in developing alternative farming systems, plant alternative crops
and other livelihood projects. The requirements of subsection a) shall likewise apply.
c. National Smoking Cessation Program.—A National Smoking Cessation Program shall be undertaken with the approval of the IAC-Tobacco. The implementing rules and
guidelines to reinforce this program shall be submitted to the IAC-Tobacco by the Secretary of Health within three (3) months after the effectivity of this Act.
d. Research and Development Program.—The IAC-Tobacco shall establish a research and development program to be spearheaded by the NTA in cooperation with the DOST,
which will undertake studies concerning technologies and methods to reduce the risk of dependence and injury from tobacco product usage and exposure, alternative uses of
tobacco and similar research programs.
e. National Tobacco-Free Public Education Program.—State Universities and Colleges and Technical and Vocational Schools shall provide scholarship programs for dependents of
tobacco growers for which the administrator of the NTA shall provide implementing rules and guidelines. The guidelines shall be submitted to the IAC-Tobacco within three (3)
months after the effectivity of this Act.
f. Displaced Cigarette Factory Workers’ Assistance Program.—The Secretary of Labor and Employment, with the concurrence of the IAC-Tobacco shall establish a program to
assist displaced, terminated/separated or retrenched cigarette factory workers as a result of the enactment of this Act. The Secretary of Labor in coordination with the NTA and DTI
shall provide the rules and guidelines to effectuate this program and submit the same to the IAC-Tobacco within three (3) months after the effectivity of this Act.
g. Health Programs.—The IAC-Tobacco, in consultation with the DOH, shall be responsible for awarding grants to all medical institutions for the purpose of planning, carrying out,
and evaluating activities related to smoking-related illnesses. The IAC-Tobacco shall submit to Congress and the President of the Philippines the annual report of expenditures
related to this program.
h. Withdrawal Clinics.—The DOH shall establish smoking withdrawal clinics to provide counseling regarding the hazardous health effects of tobacco/cigarette smoking and to
rehabilitate smokers from the hazardous effects of such products.
If a smoker-minor voluntarily submits himself for treatment, counseling, or rehabilitation in a smoking withdrawal clinic located in any medical institution in the Philippines, or through
his parent/guardian, the expenses incurred shall be a reimbursable outpatient service of the Philippine Health Insurance Corporation.
Information Program
SECTION 34. Information Drive.—Consistent with the provisions of this Act, the DOH shall, in cooperation with the DepEd and with the assistance of the Philippine Information
Agency (PIA), undertake a continuous information program on the harmful effects of smoking.
The DOH shall enlist the active participation of the public and private sectors in the national effort to discourage the unhealthy habit of smoking.
SECTION 35. Instruction on the Hazardous Effect of Smoking as Part of School Curricula.—Instruction on the adverse effects of cigarette/tobacco smoking, including their health,
environmental and economic implications, shall be integrated into the existing curricula of all public and private elementary and high schools.
The DepEd Secretary shall promulgate such rules and regulations as may be necessary to carry out the abovestated policy hereof, and, with the assistance of the Secretary of
Health, and with the approval of the IAC-Tobacco, shall cause the publication and distribution of materials on the unhealthy effects of smoking to students and the general public.
Miscellaneous Provisions
SECTION 36. Congressional Oversight Committee on Tobacco.—A Congressional Oversight Committee on Tobacco (COC-Tobacco) is hereby constituted which is mandated to
monitor and review the implementation of this Act for a period not exceeding three (3) years. The COC-Tobacco shall be composed of the Chairpersons of the Senate Committees
on Health, Trade and Commerce, Agriculture and Public Information and the House of Representatives Committees on Trade and Industry, Health, Public Information and
Agriculture and a Member of the House of Representatives representing the tobacco producing provinces, to be nominated by all the Members of the House of Representatives
from tobacco producing districts.
The Secretariat of the COC-Tobacco shall be drawn from the existing secretariat personnel of the standing committees comprising the Congressional Oversight Committee and its
funding requirements shall be charged against the appropriations of both the House of Representatives and the Senate of the Philippines.
SECTION 37. Implementing Rules.—The IAC-Tobacco shall promulgate such rules and regulations necessary for the effective implementation of this Act within six (6) months from
the date of publication of this Act. The said rules and regulations shall be submitted to the COC-Tobacco for its review. The COC-Tobacco shall approve the implementing rules and
regulations within thirty (30) working days of receipt thereof: Provided, That in the event the implementing rules and regulations are not promulgated within the specified period, the
specific provisions of this Act shall immediately be exeexecutory
C) REPUBLIC ACT NO. 10643
AN ACT TO EFFECTIVELY INSTILL HEALTH CONSIOUSNESS THROUGH GRAPHIC HEALTH WARNINGS ON TOBACCO PRODUCTS
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title. – This Act shall be known as “The Graphic Health Warnings Law”.
SEC. 2. Declaration of Principles. – The State shall protect and promote the right to health of the people and instill health consciousness among them.
The State shall protect consumers from trade malpractices and from substandard tobacco products.
The State accepts that, as a State-Party to the World Health Organization’s Framework Convention on Tobacco Control (FCTC), a treaty that reaffirms the right of all peopleto the
highest standards of health, the Philippines is obliged to inform every person of the health consequences of tobacco consumption and exposure to tobacco smoke; to enact effective
measures to curb and reduce tobacco use, especially among the youth; and to protect public health policy from the commercial and vested interests of the tobacco industry.
The State is cognizant of the Philippines’ duty under Article 11 of the FCTC which is to adopt and implement by September 2008 effective health warnings on tobacco products that
should describe the harmful effects of tobacco use.
The State recognizes that based on empirical data, text warnings have been shown to be insufficient in conveying the dangers of tobacco products while Graphic Health Warnings
have been shown to be more effective in conveying the truth about the dangers of exposure and consumption of tobacco smoke.
SEC. 3. Purposes. – The purposes of this Act are:
(a) To have Graphic Health Warnings that effectively warn of the devastating effects of tobacco use and exposure to second hand smoke;
(b) To remove misleading or deceptive numbers or descriptors like “low tar”, “light”, “ultra lights” or “mild” which convey or tend to convey that a product or variant is
healthier, less harmful or safer; and
© to further promote the right to health and information of the people.

SEC. 4. Definition of Terms. –

(a) “Insert” means any communication inside an individual package and/or carton purchased at either wholesale or retail by consumers, such as a leaflet or brochure.
(b) “Onsert” means any communication affixed to the outside of an individual package and/or carton purchased at either wholesale or retail by consumers, such as a
brochure beneath the outer cellophane wrapping or glued to the outside of the cigarette package.
© “Graphic Health Warnings” refer to the photographic image printed on the tobacco product package which accurately depicts the hazards of tobacco use and is accompanied by
textual warning related to the picture.
(c) “Principal Display Surface”, means:
(1) In the case of a package and carton that has at least two (2) equal sized sides or surfaces, other than the top and bottom, that may be displayed or visible
under normal or customary conditions of sale or use, the areas of each of the two (2) largest surfaces;
(2) In the case of a spherical, cylindrical or conical container of tobacco products, the two (2) largest surfaces that are predominantly displayed; and
(3) In the case of a package and carton that do not have a particular side or surface that is predominantly displayed or visible under normal or customary
conditions of sale or use or those that are not described under subsections 1 and 2, fifty percent (50%) of the three (3) dominant sides or the total surface
thereof, whichever is bigger, which will ensure that the Graphic Health Warnings are visibly shown.
€ “Tobacco Product Package” means the packet and package of tobacco products and any outside packaging and labelling of tobacco products for sale and distribution in the
domestic market, importation, trade, exchange, or for exhibition, such as, but not limited to, packs, tins, boxes, pouches, flip-tops, slide and shell packages, cartons, packages
containing one (1) product unit, or other containers of tobacco products containing the logo or trademark of the tobacco companies, primarily intended for consumers or for retail
sale: Provided, That for mastercases that contain the logo or trademark of tobacco brands, such mastercases shall contain the textual health warning “SMOKING KILLS” which shall
be printed in the same single color and in bold print as the trademark logo: Provided, further, That textual health warnings shall be of equal prominence and visibility as the logo or
trademark of tobacco companies. Such textual warnings on the mastercase shall occupy not more than fifty percent (50%) of each principal display panel of the mastercase.
(f) “Tobacco Products” means products entirely or partly made of leaf tobacco as raw material, which are manufactured to be used for smoking, sucking, chewing or snuffing, or by
any other means of consumption.
SEC. 5. Coverage. – This Act is only applicable to tobacco products that are locally manufactured or imported and introduced in the Philippine market. Cigarettes intended or
offered for export shall only be subject to the requirement that one (1) side panel of the mastercases, reams/cartons, and one (1) side panel of each cigarette pack primarily
intended for retail sale to consumers, shall contain the following markings and information: “For sale only in ______”, “Made under authority of______”, tax number assigned by the
Bureau of Internal Revenue (BIR) to the domestic manufacturer that exports tobacco products and fiscal and regulatory marking requirements of the country where the tobacco
products will be ultimately sold.
SEC. 6. Graphic Health Warnings. – One (1) year after the issuance of the templates by the Department of Health (DOH), cigarette packages and other tobacco product packages,
including package inserts and onserts, and any outside packaging and labelling, withdrawn from the manufacturing facilities, or imported into the Philippine customs territory shall
bear the prescribed highly visible full-color Graphic Health Warnings, that shall have two (2) components: a photographic picture warning and an accompanying textual warning that
is related to the picture.
(a) The Graphic Health Warnings shall be printed on fifty percent (50%) of the principal display surfaces of any tobacco package; it shall occupy fifty percent (50%) of the
front and fifty percent (50%) of the back panel of the packaging, as described in Section 4;
(b) The Graphic Health Warnings shall be located at the lower portions of the said panels or Principal Display Areas;
© Nothing shall be printed or applied on a location where it is likely to obscure or cover, in part or in whole, the Graphic Health Warnings or the location where the internal revenue
strip stamp is to be affixed as may be required by the BIR;
(c) No part of the warning may be obliterated, obscured, folded, severed or become unreadable when the tobacco package is opened or closed or when a wrapper on the
package is removed;
€ The Graphic Health Warnings shall be printed in four colors /-cmyk-/ screen 133 lines per inch based on a source file of 300 dpi;
(f) The printing of the Graphic Health Warnings shall be done using current available technology for purposes of providing vivid and realistic pictures, without the use of any border,
frame or any other design that will effectively lessen the size of the warning;
The Graphic Health Warnings shall be printed or inscribed on the package in a color which contrasts conspicuously with the background of the package or its labels;
(g) A maximum of twelve (12) templates of Graphic Health Warnings shall be printed simultaneously and these shall be rotated periodically for each brand family and also for each
variant, so that every twenty-four (24) months, the variations of the warnings shall appear in the market with approximately equal frequency and equal display of health warnings
and messages on retail packages; and
(h) Graphic Health Warnings specifications –
(1) The text warning accompanying the photographic picture warning shall be worded in such manner that an ordinary layman will understand what the picture is about and
what the ill-effects of smoking are on the health of the smoker and on the people around him;
(2) The text warning shall be placed on areas of the photograph where it will not obscure the picture itself but will be prominently displayed;
(3) The text shall use no more than twenty percent (20%) of the entire area of the Graphic Health Warnings and shall appear in clearly legible type and in contrast by
typograph, layout and color, without the use of any border, frame or any other design that will effectively lessen the size of the textual warning; and
(4) The accompanying text shall be printed in Filipino on the front panel and English on the back panel. In the case of other containers where there is only one (1) external
surface area, the accompanying text will alternately be in English or Filipino.

SEC. 7. Side Panel. – Cigarette packages and other tobacco product packages found in the market, shall bear, on one (1) side panel, additional information which shall be issued
by the DOH together with the templates in accordance with Section 15 of this Act, namely; additional health warnings, hotlines or websites for tobacco-related concerns, or tips on
how to stop smoking. This information shall be prominently displayed and the text thereto shall appear in clearly legible type and in contrast by typograph, layout and color, without
the use of any border or frame or any other design that will effectively lessen the size of the additional health warnings: Provided, That such additional information shall not occupy
more than thirty percent (30%) of the display surface of one (1) side panel. This is in addition to any fiscal markings as may be required by other government agencies such as the
BIR.
SEC. 8. Descriptors. – One (1) year after the issuance of the templates by the DOH, no cigarette packs or other tobacco product packages withdrawn from a manufacturing facility
or imported into the Philippine customs territory, shall bear any number or descriptor such as, “low tar”, “light”, “ultra-light”, or “mild”, “extra”, “ultra”, and similar terms in any
language that claims or misleads a consumer to believe that a tobacco product or variant is healthier, safer or less harmful.
SEC. 9. Costs. – All printing costs pertaining to packaging and labelling shall be shouldered by tobacco manufacturers and/or importers.
SEC. 10. Prohibition on Sales. – No person or legal entity shall sell or commercially distribute or display any cigarette or tobacco product without ensuring that the labels and
packages, as well as any other container used in displaying the cigarette or tobacco products, meet the requirements under this Act. Manufacturers, importers, retailers and
distributors of tobacco products shall ensure the removal from all displays of noncompliant tobacco products manufactured, imported, distributed or sold by them eight (8) months
after the Graphic Health Warnings are required, as mandated under Section 6.
Noncompliant packages thereafter found in the market on display, for sale or distribution shall be subject to removal and/or confiscation.
SEC. 11. Prohibition on Obstruction of Display. – No person or legal entity shall obscure or cover in part or in whole the Graphic Health Warnings in the selling areas. The Graphic
Health Warnings shall be prominently displayed whenever the said packages are commercially displayed.
SEC. 12. Liability of Manufacturers, Importers, and Distributors. – Manufacturers, importers, and distributors of tobacco products shall be directly liable for any violations of the
provisions of this Act. In the case of a business entity or establishment, the chairperson of the Board of Directors, the president, manager and the corporate officials thereof, owner
in the case of a sole proprietorship, and partners in the case of a partnership shall be directly responsible therefore and shall be made accountable when such officials directly
participated in violating any provision of this Act. Agents/ representatives of the aforecited manufacturers, importers, and distributors who commit any violation of the provisions of
this Act and. Its implementing rules shall be jointly and severally liable with the manufacturers, importers, and distributors:
SEC. 13. Liability of Retailers and Sellers. – Retailers and sellers of tobacco products shall be directly liable for violations of Sections 10 and 11 of this Act. In the case of a business
entity or establishment, the chairperson of the Board of Directors, the president, manager and the corporate officials thereof, owner in the case of sole proprietorship, and partners
in the case of a partnership shall be directly responsible and shall be made accountable.
SEC. 14. Penalties for Noncompliance. –
(a) The following penalties shall individually apply to manufacturers, importers, and distributors of tobacco products as well as their agents/representatives for any violation
of Sections 6 and 7, and Section 11 insofar as they areresponsible for providing display materials that are in violation of this Act:
(1) On the first offense, a fine of not more than Five hundred thousand pesos (P500,000.00);
(2) On the second offense, a fine of not more than One million pesos (P1,000,000.00); and
(3) On the third offense, a fine of not more than Two million pesos (P2,000,000.00) or imprisonment of not more than five (5) years, or both, at the discretion of
the court: Provided, That the business permits and licenses, in the case of a business entity or establishment shall be revoked or cancelled.
If the guilty officer is a foreign national, he shall be deported after service of sentence and/or payment of applicable fines without need of further deportation proceedings and shall
be permanently barred from re-entering the Philippines.
Each withdrawal or importation into the Philippine customs territory of noncompliant tobacco packages, regardless of size, for sale to the market, after the compliance date shall
constitute one (1) offense. An additional penalty of One hundred thousand pesos (P100,000.00) per day shall be imposed for each day the violation continues after having received
the order from the Department of Trade and Industry (DTI) notifying the company of the infraction.
(b) The following penalties shall individually apply to retailers/sellers of tobacco products as well as their agents/ representatives for any violation of Sections 6 and 7 of this
Act, insofar as they are involved in the display, offering for sale and selling of the covered products, as well as Section 11 of this Act:
(1) On the first offense, a fine of not more than Ten thousand pesos (P10,000.00);
(2) On the second offense, a fine of not more than Fifty thousand pesos (P50,000.00); and
(3) On the third offense, a fine of not more than One hundred thousand pesos (P100,000.00) or imprisonment of not more than one (1) year, or both, at the
discretion of the court. The business permits and licenses, in the case of a business entity or establishment shall be revoked or cancelled.
Each day that noncompliant tobacco packages are found in the retail establishments of the retailers after the compliance date shall constitute one (1) offense. An additional penalty
of Five thousand pesos (P5,000.00), per day shall be imposed for each day the violation continues after having received the order from the DTI notifying the retailers of the
infraction.
© The imposition of the fines shall take into consideration the annual gross sales, capital investment and employee size of the manufacturers, importers and distributors, and in the
case of retailers and sellers, their total assets.
SEC. 15. Graphic Health Warnings Templates and Timeline. – Thirty days (30) days after the effectivity of this Act, the DOH shall issue a maximum of twelve (12) templates of
Graphic Health Warnings to be rotated, as well as guidelines with respect to the specific pictures, design, or content of the information relating to the Graphic Health Warnings, and
other information that must appear in the tobacco product packages. The DOH shall consider the recommendations of leading nongovernment organizations (NGOs) that have
established and proven records of dealing with tobacco-related diseases and deaths. All Graphic Health Warnings issued shall comply with the specifications above and must
always present the devastating effects of tobacco use and exposure to tobacco smoke.
Under Section 6, manufacturers are given a period of one (1) year from the issuance of the initial set of templates to comply therewith. The initial set of templates is valid for two (2)
years from implementation.
Within one (1) year from the effectivity of the initial set of templates, the DOH shall issue a new set of templates which will take effect upon expiration of the initial set. These new
templates shall be valid for two (2) years and so on.

Eight (8) months after the validity of the initial set of templates, no person or legal entity shall sell or commercially distribute or display any cigarette or tobacco product without
ensuring that the labels and packages, as well as any other container used in displaying the cigarette or tobacco products, meet the requirements under this Act, as mandated
under Section 10 of this Act.
SEC. 16. Implementing Agencies. – For purposes of the implementation of this Act, the following government agencies are given these mandates:
 (1) The DOH shall issue the templates as required under Sections 6, 7 and 15.
(2) The BIR shall ensure that cigarette stamps are not affixed on noncompliant packages and shall certify under oath that the products withdrawn are compliant with this
Act.
(3) The Inter-Agency Committee on Tobacco (IAC-T) created under Republic Act No. 9211 or the Tobacco. Regulation Act of 2003 shall monitor compliance with the law,
and motu proprio or upon any sworn written complaint, institute the appropriate action for any violation of this Act as provided under Section 14 and this section.
(4) The DTI shall hear complaints filed by the IAC-T or any private citizen, corporation or organization, for any violation of this Act, and after notice and hearing, impose
administrative fines of not more than Two million pesos (P2,000,000.00) for any violation of this Act, the proceeds of which will be used for health promotion campaigns
on tobacco control of the DOH and the Department of Education (DepED). The imposition of the administrative fines shall take into consideration the annual gross
sales, capital investment and employee size of the manufacturers, importers and distributors, and in the case of retailers and sellers, their total assets.
(5) The DepED shall use Graphic Health Warnings templates to educate children on the ill-effects of tobacco and shall ensure that these are included in relevant subjects
under the K-12 curriculum.
Within six (6) months from the effectivity of this Act, the Implementing Rules and Regulations (IRR) Committee led by the DOH and the DTI, and to be composed of the Department
of Justice (DOJ), the Department of Finance (DOF), the Department of Environment and Natural Resources (DENR), the Department of Science and Technology (DOST), the
DepED, the National Tobacco Administration (NTA) and the Department of Agriculture (DA) shall draft and issue the IRR for its effective implementation, after public consultations
with stakeholders such as NGOs, farmers, and industry representatives: Provided, That the non-issuance of the IRR shall not prevent the coming into force of this Act.
D) EXECUTIVE ORDER NO. 26
PROVIDING FOR THE ESTABLISHEMENT OF SMOKE-FREE ENVIRONMENTS IN PUBLIC AND ENCLOSED PLACES
WHEREAS, the 1987 Constitution of the Republic of the Philippines declares that the State shall protect and promote the right to health of the people and install health
consciousness among them;
WHERESAS, the Republic of the Philippines, under the world Health Organization Framework Convention on Tobacco Control (FCTC) to which it is a Party, being determined to
give priority to the right to protect public health and the promote measures of tobacco control based on current and relevant scientific, technical and economic considerations,
agreed to implement the measures provided in that treaty;
WHEREAS, in pursuit of the policy of the State to guarantee the enjoyment of the right of every citizen to breathe clean air, Republic Act No. 8749, or the Philippine Clean Air Act of
1999, prohibits smoking inside enclosed public places including public vehicles and other means of transport, and other enclosed areas, and directs local government units to
implement the prohibition;

WHEREAS, Republic Act No. 9211, or the Tobacco Regulation Act of 2003, prohibits smoking in certain public places, and prohibits the purchases and sale of cigarettes and other
tobacco products to and by minors and in certain places frequented by minors and provides penalties for any violation of the prohibitions;

WHEREAS, scientific evidence has unequivocally established that tobacco consumption and exposure to tobacco smoke cause death, disease and disability, lead to devastating
health, social, economic and environmental consequences, and places burdens on families, on the poor, and on national and local health systems;

WHEREAS, public health takes precedence over any commercial or business interest;

WHEREAS, an increasing number of Filipinos become afflicted with and die each year of tobacco-related diseases such as stroke, heart disease, emphysema, various cancers and
nicotine addiction, and both the public and workers in facilities where smoking is allowed are most risk from these other tobacco-related diseases;

WHEREAS, the FCTC provides that each Party shall adopt and implement in areas of existing national jurisdiction as determined by national law, and actively promote at other
jurisdictional levels, the adoption and implementation of effective legislative, executive, administrative and/or other measures, providing fro protection from exposure to tobacco
smoke in indoor workplaces, public transport, indoor public places and, as appropriate, other public places;

WHEREAS, in order to minimize access, particularly of minors, to tobacco products and in order to provide a more supportive environment for those who are attempting to quit
tobacco use, there is a need strengthen existing measures on access restriction, including the regulation of sales, distribution and availability, and the measures prescribed under
the FCTC;

NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order;

SECTION 1. Definition. For the purpose of this Executive Order, the following terms shall mean:

(a) “Advertising and promotion” means any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting a tobacco
products or tobacco use either directly or indirectly.

(b) “Designated Smoking Area” (DSA) refers to an area of a building or conveyance where smoking may be allowed, which may be in an open space or separate area with
proper ventilation subject to the specific standards provided in this order.

© “Enclosed” means being covered by a roof or other structure serving the purpose of a roof, and having one or more walls or sides, wherein the openings on the walls or sides
have an aggregate area that is less than half of the total space, regardless of the type of material used for the roof, wall or sides, and regardless of whether the structure is
permanent or temporary. Doors and windows that can be opened and shut shall not be considered as opening under this paragraph. The enclosed character of a building or
conveyance shall attach to all its areas, including its open spaces.

(c) “Minor” refers to any below eighteen (18) years old.

€ “Non-Smoking Buffer Zone” is a ventilated area between the door of a DSA not located in open space and the smoke free-area. There shall be no opening that will allow air to
scape from such Non-Smoking Zone to the smoke-free area, except for a single door equipped with an automatic door closer. Such door is distinct from the door of the DSA, which
shall be at least two (2) meters away from the other.

(f) “Open spaces” refers to those areas forming part of a building or conveyance, which are not covered by a roof or similar structure.

(g) “Person-in-charge” refers to president/manager in case of a company, corporation, partnership or association, the owner/proprietor/operator in case of a single proprietorship, or
the administrator in case of government or private property, facility, office or building, and the city/municipality, schools, superintendent, school president, dean or principal in case
of school.

(h) “Point-of-sale” refers to any location at which an individual can purchase or otherwise obtain tobacco products.

(i) “Public conveyances” refers to modes of transportation servicing the general population, such as, but not limited to, elevators, airplanes, ships, jeepneys, buses,
taxicabs, trains, light rail transits, tricycles and other similar vehicles.

(j) “Public places” means all places, fixed or mobile, that are accessible or open to he public or places for collective use, regardless of ownership or right to access, including but not
limited to, schools, workplaces, government facilities, establishment that provide food and drinks, accommodation, merchandise, professional services, entertainment or other
services. It also includes outdoor spaces where facilities are available for the public or where a crowd of people would gather, such as, but not limited to, playgrounds, sports ground
or centers, church grounds, health/hospital compounds, transportation terminals, market, parks, resorts, walkways/sideways, entrance ways, waiting areas, and the line.
(k) “Smoke-Free” refers to air that is 100% free from tobacco smoke. This Definitions includes, But is not limited to, air in which tobacco smoke control cannot be seen, smelled,
sensed or measured.

(l) “Smoking” means being a possession or control of a lit tobacco products regardless of whether the smoke is being actively inhaled or exhaled.

(m) “Tobacco Products” means products entirely or partly made of tobacco leaf as raw material which are manufactured to be used for smoking, sucking, chewing or snuffing, such
as but not limited to cigarette, cigar, pipe, shisha/hookah and chew tobacco.

(n) “Workplace” means any place used by people during their employment or work, whether done for compensation or voluntarily, including all attached or associated places
commonly used by the workers in the course of their work (for example, corridors, elevators, stairwells, toilets, lobbies, lounges). Vehicles used in the course of work are considered
workplaces, such as, but not limited to taxis, ambulances and delivery vehicles.

SECTION 2. Coverage. This Order shall apply to all persons, whether resident or not, and in all places, found within the territorial jurisdiction of the Philippines.

SECTION 3. Prohibited Acts, The following acts are declared unlawful and prohibited;

(a) Smoking within enclosed public places conveyances, whether stationary or in motion, except in DSAs fully compliant with the requirements of Section 4 of his Order;

(b) For persons-in-charge to allow, abet or tolerate smoking in places enumerated in the preceding paragraph, outside of DSAs fully compliant with Section 4 of this Order;

© For any person to sell, distribute or purchase tobacco products to and from minors. It shall not be a defense for the person selling or distributing that he/she did not know or was
not aware of the real age of the minor. Neither shall it be a defense that he/she did not know nor had any reason to believe that the cigarette or any other tobacco product was for
the consumption of the minor to whom it was sold;

(c) 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;

(f) Selling or distributing tobacco products in a school, public playground, youth hostels and recreational facilities for minors, including those frequented by minors, or within 100
meters from any point of the perimeter of these places;

(g) Placing, posting, displaying or distributing advertisement and promotional materials of tobacco products, such as but not limited to leaflets, posters, display structures and other
materials within 100 meters from the perimeter of a school, public playground, and other facilities frequented particularly by minors, hostel and recreational facilities for minors,
including those frequented by them, or in an establishment when such establishments or its location is prohibited from selling tobacco products.

(h) Placing any form of tobacco advertisement outside of the premises of point-of-sale retail establishments; and

(i) Placing any stall, booth, and other displays concerning tobacco promotions to areas outside the premises of point-of-sale locations or adult-only facilities.

SECTION 4. Standards for DSAs. All DSAs shall strictly comply with the following standards:

(1) There shall be no opening that will allow air to escape from the DSA to the smoke-free area of the building or conveyance, except for a single door
equipped with an automatic door closer; provided that, if the DSA is not located in an open space, such door shall open directly towards a Non-smoking
Buffer Zone (Buffer Zone) as defined in this Order;

(2) The DSA shall not be located in or within ten (10) meters from entrances, exits, or any place where people where people pass or congregate, or in front of
air intake ducts;

(3) The combined area of the DSA and the Buffer Zone shall not be larger than 20% of the total floor area of the building or conveyance, provided that in no
case shall such area be less than ten (10) square meters;

(4) No building or conveyance shall have more than one DSA;

(5) The ventilation system for the DSA other than in an open space and for the Buffer Zone shall be independent of all ventilation systems servicing the rest of
the building or conveyance;

(6) Minors shall not be allowed inside the DSA and the Buffer Zone;

(7) The DSA shall have the following signages highly visible and prominently displayed:

(8.1) “Smoking Area” signage;

(8.2) Graphic health warnings on the effects of tobacco use; and

(8.3) Prohibition on the entry of persons below eighteen (18) years old.

(8) Other standards and specifications to better ensure a smoke-free environment as may be prescribed by the inter-Agency Committee-Tobacco under
Republic Act No. 9211, provided that such standards and specifications are consistent with this Order and that persons-in-charge are given sixty (60) days
to comply.

However, there shall be no DSAs in the following public places:

(a) Centers of youth activity such as playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth
hostels and recreational facilities for minors;

(b) Elevators and stairwells;

© Locations in which fire hazards are present, including gas stations and storage areas for flammable liquids, gas, explosives or combustible materials;
 (c) Within the buildings and premises of public and private hospitals, medical, dental, and optical clinics, health centers, nursing homes,
dispensaries and laboratories; and

€ Food preparation areas.

Nothing in this order shall compel persons-in-charge to establish DSAs nor prevent them from instituting more stringent measures in their buildings and establishments to better
ensure a smoke-free environment in their premises.

SECTION 5. Duties and Obligations of Persons-in-Charge. Persons in charge shall:

(a) Prominently post and display the “No Smoking” signage, in the locations most visible to the public in the areas where smoking is prohibited. At the very least, the “No
Smoking” signage must be posted at the entrance to the area, which shall be at least 8 x 11 inches in size, where the symbol shall occupy no less than 60% of the
signage, while the remaining 40% of the signage shall show the pertinent information, as follows:

As for the DSA, after complying with the specifications in Section 4, prominently display the following elements in the signage:

“DESIGNATED SMOKING AREA “ or “SMOKING AREA”

[place Graphic/Picture-Based Health Warning on

The effects of tobacco use within the signage]

[if available, place number of Smoking Cessation Hotline]

(b) Prominently post and display the “No Smoking” signage in the most conspicuous location within the public conveyance. At the very least, a three and a half (3.5) square
inch “No Smoking” signage shall be placed on a windshield and a ten (10) square inch “No Smoking” sign at the drivers back seat.

© Remove the places where smoking is prohibited all ashtrays and other receptacles for disposing of cigarette refuse;

(c) For persons-in-charge of schools, public playgrounds, youth hostels and recreational facilities for minors, including those frequented by minors, post the following
statement in a clear and conspicuous manner.

SELLING, ADVERTISING AND PROMOTING OTHER CIGARETTES OR TOBACCO PRODUCTS NOT ALLOWED WITHIN 100 METERS FROM ANY POINT IN THE
PERIMETER OF [name of SCHOOL/PLAYGROUND/FACULTY FOR MINORS/ETC.]

€ For persons-in-charge of schools, public playgrounds, youth hostels and recreational facilities for minors, including those frequented by minors, to report to the nearest Smoke-
Free Task Force of the concerned city or municipality any tobacco product selling, advertising and/ or promotion located within 100 meters from its perimeter.

(f) For persons-in-charge of point-of-sale establishments, post the following notice, together with a graphic/picture-based health warning on the health consequences of tobacco
use, as prescribed by the Department of Health, in clear and conspicuous manner.

SALE/DISTRIBUTION OF TOBACCO PRODUCTS TO MINORS IS UNLWAFUL

(g) Establish internal procedure and measures through which this Order shall be implemented and enfordes within the area of which he or she is in charge. This includes
compliance with the smoking, sales. Distribution advertising and promotions restrictions (e.g. warning smoking violators in banned areas and requesting them to stop smoking), and
if they refuse to comply, reporting the incident to the City/Municipal Health Office, the nearest peace officer, or to any member of the Smoke-Free Task Force;

(h) Ensure that all the employees in the establishment are aware of this Order and the procedure and measures for implementing and enforcing it;

(i) For all signage required to be posted under (a), (b) (d) and (f) above, provide for versions of them in the local dialect or in English;

SECTION 6. Persons Liable. The following persons shall be liable and be punished in accordance with the governing provisions of RA No. 9211 and other applicable laws;

(a) Any person or entry who commits any of the prohibited acts stated in Section 3 hereof;

(b) Persons-in-charge who knowingly allow, abet, authorize or tolerate the prohibited acts enumerates in Section 3, or who otherwise fail to fulfill the duties and
obligations enumerated in Section 3 hereof.

SECTION 7. Penalties. Violations of this Order shall be punishable in accordance with the applicable penalties provided under Section 32 of RA No. 9211 and other applicable laws.

SECTION 8. Smoking Cessation Program. Local Government Units (LGUs) particularly the respective City/Municipal Health Officer, in coordination with the Department of Health
are enjoined to develop, promote and implement their respective Local Smoking Cessation Programs consistent with the National Smoking Cessation Program established pursuant
to RA No. 9211, and to encourage the participation of public and private facilities which may be able to provide for the requirements of program. Smokers who are willing to quit
and/or those found violating this Order may be referred to the Local Smoking Cessation Program and its facilities.

SECTION 9. Smoke-Free Task Force. All cities and municipalities are enjoined to form a local Smoke-Free Task Force to help carry out the provisions of this Order. Members of the
Philippine National Police and Smoke-Free Task Forces are directed to carry out the provisions of this Order, including the apprehension of violators and the institution of criminal
proceedings for violations of this Order, in accordance with relevant laws, rules and regulations, and strictly observing due process.
EXECUTIVE ORDER NO. 106, February 26, 2020 ]

PROHIBITING THE MANUFACTURE, DISTRIBUTION, MARKETING AND SALE OF UNREGISTERED AND/OR ADULTERATED ELECTRONIC NICOTINE/NON-NICOTiNE
DELIVERY SYSTEMS, HEATED TOBACCO PRODUCTS AND OTHER NOVEL TOBACCO PRODUCTS, AMENDING EXECUTIVE ORDER NO. 26 (S. 2017) AND FOR OTHER
PURPOSES

WHEREAS, Article II, Sections 15 and 16 of the Constitution mandates the State to protect and promote the right to health of the people and instill health consciousness among
them, as wel! As protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature;

WHEREAS, the World Health Organization (WHO) issued a report in August 2016 on Electronic Nicotine and Non-Nicotine Delivery Systems (ENDS/ENNDS), which noted that (i)
the use of adulterated and even unadulterated ENDS/ENNDS produces aerosol that ordinarily includes toxicants which trigger a range of significant pathological changes, and (ii)
ENDS/ENNDS are unlikely to be harmless, such that long-term use is expected to increase the risk of chronic obstructive pulmonary disease, lung cancer, possible cardiovascuiar
disease, as well as some other diseases associated with smoking;
WHEREAS, Republic Act (RA) No. 11467 mandates the Food and Drug Administration (FDA) to periodically determine and regulate, consistent with evolving medical and scientific
studies, the manufacture, importation, sale, packaging, advertising and distribution of heated tobacco products (HTPs) and ENDS/ENNDS, including banning the sale to persons
below twenty-one (21) years old;

WHEREAS, RA No. 7394 or the “Consumer Act of the Philippines,” declares it a policy of the State to ensure safe and good quality of food, drugs, cosmetics and devices, and
regulate their production, sale, distribution and advertisement, to protect the health of consumers, and designates the Department of Health (DOH), through the FDA, as
implementing agency therefor;

WHEREAS, RA No. 7394 prohibits the adulteration of any food, drug : device, or cosmetic and the manufacture, importation, exportation, sale, offering for sale, distribution or
transfer of any food, drug, device or cosmetic that is adulterated;

WHEREAS, RA No. 9711 or the “FDA Act of 2009,” provides that the State shall adopt, support, establish, institutionalize, improve and maintain structures, processes, mechanisms
and initiatives that are aimed, directed and designed to protect and promote the people’s right to health;

WHEREAS, RA No. 9711 also prohibits the adulteration of health products, and the manufacture, importation, exportation, sale, offering for sale, distribution, transfer, non-
consumer use, promotion, advertising or sponsorship of any health product that is adulterated;

WHEREAS, RA No. 8749 or the “Philippine Clean Air Act of 1999,” defines air pollutant as any matter found in the atmosphere other than the inert gases in their natural or normal
concentrations, that is detrimental to health or the environment, which includes but is not limited to smoke, dust, soot, cinders, fly ash, solid particles of any kind, gases, fumes,
chemical mists, steam and radioactive substances;

WHEREAS, Executive Order (EO) No. 26 (s. 2017) prohibits smoking in certain public places, provides for the establishment of designated smoking areas, restricts access to
tobacco products especially by minors, and imposes requirements and limitations on the advertising and promotion thereof;

WHEREAS, the use of ENDS/ENNDS, HTPs and other novel tobacco products, as a shift from conventional lighted tobacco products, has proliferated in the country;

WHEREAS, the DOH has reported that users and bystanders exposed to emissions from the use of ENDS/ENNDS, HTPs and other novel tobacco products are at similar risk of
respiratory illness, cardiovascular diseases, addiction, cancer, neurodegeneration, brain development retardation, anxiety, and sexual and reproductive dysfunctions, among other
health conditions;

WHEREAS, there is a need to regulate access to and use of ENDS/ENNDS, HTPs and other novel tobacco products, to address the serious and irreversible threat to public health,
prevent the initiation of non-smokers and the youth, and minimize health risks to both users and other parties exposed to emissions;

WHEREAS, Article VII, Section 17 of the Constitution vests the President with the power of control of all the executive departments, bureaus and offices, and mandates him to
ensure that the laws be faithfully executed;

NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:

Section 1. Prohibition of Unregistered and/or Adulterated ENDS/ENNDS, HTPs and Other Novel Tobacco Products. The manufacture, distribution, marketing or sale of unregistered
or adulterated ENDS/ENNDS, components thereof in the form of devices, e-liquids, solutions or refills whether physically part of or intended to be used with ENDS/ENNDS, HTPs
and other novel tobacco products, are hereby prohibited and shall be dealt with in accordance with this Order and existing laws.

Section 2. Regulatory Framework for ENDS/ENNDS, HTPs and Other Novel Tobacco Products. All e-liquids, solutions or refills forming components of ENDS/ ENNDS or HTPs
shall be registered with the FDA, in accordance with RA Nos. 9711 and 11467.

All devices forming components of ENDS/ENNDS or HTPs shall be subject to the product standards imposed by the Department of Trade and Industry and the FDA, in accordance
with RA Nos. 7394 and 11467.

Other novel tobacco products shall be regulated in accordance with RA No. 9211 and other relevant issuances, and are subject to the jurisdiction of the Inter-Agency Committee-
Tobacco (IAC-T), established under the said law.

Section 3. License to Operate. All establishments engaged in the manufacture, distribution, importation, marketing and sale of ENDS/ENNDS, HTPs, or their components, shall
secure a License to Operate (LTO) from the FDA.

Section 4. Importation. The entry/importation of unregistered or adulterated ENDS/ENNDS, HTPs, or components thereof is hereby prohibited. For this purpose, the FDA and DTI
are hereby directed to coordinate with the Bureau of Customs in the formulation of the guidelines, requirements and procedures for the regulation of the entry/ importation of
ENDS/ENNDS, HTPs, and their components into the Philippine market.

Section 5. Implementing Guidelines. Within thirty (30) days from the effectivity of this Order, the FDA, in consultation with relevant agencies and stakeholders, shall formulate and
issue the rules, regulations and standards governing the registration of ENDS/ENNDS, HTPs and their components, and the issuance of LTOs in relation thereto, required in this
Order.

Section 6. Expansion of the Coverage of EO No. 26. Section 1 of EO No. 26, is hereby amended as follows:

“Section 1. Definition. For the purpose of this Executive Order, the following terms shall mean:

(a) “Advertising and promotion” means any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting
tobacco products, ENDS/ENNDS, HTPs, or their components, or the use thereof, either directly or indirectly.

(b) “Designated Smoking/Vaping Area” (DSVA) refers to an area of a building or conveyance where smoking and vaping may be allowed, which may be in an
open space or separate area with proper ventilation subject to the specific standards provided in this Order.

Xxx

€ “Non-Smoking/Vaping Buffer Zone “(Buffer Zone) is a ventilated area between the door of a DSVA not located in an open space and the smoke/vape-free area. There shall be no
opening that will allow air to escape from such Non-Smoking/Vaping Buffer Zone to the smoke/vape-free area, except for a single door equipped with an automatic door closer.
Such door is distinct from the door of the DSVA , which shall be at least two (2) meters away from the other.

Xxx

(h) “Point-of-sale” refers to any location at which an individual can purchase or otherwise obtain tobacco products, ENDS/ENNDS, HTPs, or their components.
Xxx

(k) “Smoke/vape-free” refers to air that is 100% free from smoke, vapor or aerosol from tobacco products, ENDS/ENNDS or HTPs. This definition includes, but is not limited to, air in
which such smoke, vapor or aerosol cannot be seen, smelled, sensed or measured.

(I) “Smoking/vaping” means being in possession or control of a tobacco product or a powered ENDS/ENNDS or HTP, regardless of whether the emission in the form
of smoke, vapor or aerosol is being actively inhaled or exhaled.

(m) Tobacco products” means products entirely or partly made of tobacco leaf as raw material which are manufactured to be used for smoking, sucking, chewing or snuffing, such
as but not limited to cigarette, cigar, pipe, shisha/hookah and chew tobacco. The term shall exclude ENDS/ENNDS and HTPs and include other novel tobacco products.

Xxx

(o) “Electronic Nicotine/Non-Nicotine Delivery Systems” (ENDS/ ENNDS), otherwise known as electronic cigarettes or vapes, are e-liquids, solutions or refills, whether or not
containing nicotine, and an electronic delivery device, or any combination thereof, that produce an aerosol, mist or vapor that users inhale by mimicking the act of smoking.
ENDS/ENNDS deliver nicotine and/or other chemicals to the lungs after one end of a plastic or metal cylinder is placed in the mouth, like a cigarette or cigar, and inhaled to draw a
mixture of air and vapors from the device into the respiratory system. They contain electronic vaporization systems, rechargeable batteries and chargers, electronic controls and
replaceable cartridges containing nicotine and/or other chemicals. For the avoidance of doubt, the term ENDS/ENNDS is coextensive with the term “vapor products” as defined in
RA No. 11467.

(p) “Heated Tobacco Product” (HTP) refers to a product that may be consumed through heating tobacco, either electrically or through other means, sufficient to release an aerosol
that can be inhaled, without burning or combustion of the tobacco. HTPs include liquid solutions and gels that are part of the product and are heated to generate an aerosol.

(q) “Novel tobacco products” refers to all substances, devices and innovations entirely or partly made of tobacco leaf as raw material, already existing or to be developed in the
future, intended to be used as substitutes for cigarettes, conventional tobacco products, ENDS/ENNDS or HTPs.

Section 7. Expansion of Prohibited Acts under EO No. 26. Section 3 of EO No. 26 is also amended as follows:

“Section 3. Prohibited Acts. The following acts are declared unlawful and prohibited:

(a) Smoking/vaping within enclosed public places and public conveyances, whether stationary or in motion, except in DSVAs fully compliant with the requirements of
Section 4 of this Order;

(b) For persons-in-charge to allow, abet or tolerate smoking/vaping in places enumerated in the preceding paragraph, outside of DSVAs fully compliant with Section 4 of
this Order;

© For any person to sell, distribute or purchase tobacco products to or from minors, or ENDS/ENNDS, HTPs, or their components to or from persons below twenty-one (21) years
old. It shall not be a defense for the person selling, distributing or purchasing that he/she did not know or was not aware of the real age of the person he/she is transacting with.
Neither shall it be a defense that he/she did not know nor had any reason to believe that the cigarette or any other tobacco product, ENDS/ENNDS, HTPs, or their components, was
for the consumption of the person who received it;

(c) Use, sale or purchase of cigarettes or other tobacco products by a minor, or of ENDS/ENNDS, HTPs, or their components by a person below twenty-one (21) years old;

€ Ordering, instructing or compelling the use, lighting up, purchase, sale, distribution, delivery, advertisement or promotion of tobacco products by a minor, or of ENDS/ENNDS,
HTPs, or their components by a person below twenty-one (21) years old;

(f) Selling or distributing tobacco products, ENDS/ENNDS, HTPs, or their components in a school, public playground, youth hostels, recreational facilities for minors, areas
frequented by minors, or within 100 meters from any point of the perimeter of these places;

(g) Placing, posting, displaying or distributing advertisement and promotional materials of tobacco products, ENDS/ENNDS, HTPs, or their components, such as but not limited to
leaflets, posters, display structures and other materials in areas where their sale and distribution is prohibited;

(h) Placing any form of advertisement of tobacco products, ENDS/ ENNDS, HTPs, or their components outside the premises of point-of-sale retail establishments;

(i) Placing any stall, booth, and other displays promoting tobacco products, ENDS/ENNDS, HTPs, or their components, in areas outside the premises of point-of-
sale locations or adult-only facilities:

(j) Failure to mark containers and packages of ENDS/ENNDS, HTPs, and the components thereof, with appropriate health warnings, pursuant to the content, format and
specifications designated by the FDA, based on the actual ingredients or components of the product;

(k) Incorporating e-liquids, solutions and refills with flavors and additives that are proven or suspected to be appealing or enticing to persons below twenty-one (21) years of age,
toxic, harmful, addictive or sensitizing; and

(l) Adding Tetrahydrocannabinol (THC) or cannabinoid compounds in liquids used in ENDS/ENNDS and HTPs. Violation of this provision shall be punishable in accordance with the
applicable penalties provided under RA No. 9165 or the “Comprehensive Dangerous Drugs Act of 2002.”

Section 8. Amending the Standards for Designated Smoking Areas. Section 4 of E.O. No. 26 is likewise amended as foilows:

“Section 4. Standards for DSVAs. All DSVAs shall strictly comply with the following standards:

(1) There shall be no opening that will allow air to escape from the DSVA to the smoke/vape-free area of the building or conveyance, except for a single door equipped with
an automatic door closer; provided that, if the DSVA is not located in an open space, such door shall open directly towards a Buffer Zone as defined in this Order;

(2) The DSVA shall not be located in or within ten (10) meters from entrances, exits, or any place where people pass or congregate, or in front of air intake ducts;

(3) The combined area of the DSVA and the Buffer Zone shall not be larger than 20% of the total floor area of the building or conveyance, provided that in no case shall
such area be less than ten (10) square meters;
 (4) No building or conveyance shall have more than one DSVA; provided that persons-in-charge have the option of establishing one Designated Smoking Area and one
Designated Vaping Area therein, subject to the same standards under this Section, with a combined area not exceeding 20% of the total floor area of the building or
conveyance;

(5) The ventilation system for the DSVA other than in an open space and for the Buffer Zone shall be independent of ait ventilation systems servicing the rest of the
building or conveyance;

(6) Minors shall not be allowed inside the DSVA and the Buffer Zone;

(7) The DSVA shall have the following signages highly visible and prominentiy displayed:

(7.1) “Smoking/Vaping Area signage;

(7.2) Graphic health warnings on the effects of using tobacco products, ENDS/ENNDS and HTPs; and

(7.3) Prohibition on the entry of persons beiow eighteen (18) years old.

(8) Other standards and specifications to better ensure a smoke/vape- free environment as may be prescribed by the IAC-T under RA No. 9211 and the FDA, provided that
such standards and specifications are consistent with this Order and that persons-in-charge are given (60) days to comply.

However, there shall be no DSVAs in the following public places:

Xxx

Nothing in this Order shall compel persons-in-charge to establish DSVAs nor prevent them from instituting more stringent measures in their buildings and establishments to better
ensure a smoke/vape-free environment in their premises.”

Section 9. Expanding the Duties of Persons-in-Charge. Section 5 of EO No. 26, is also amended as follows:

“Section 5. Duties and Obligations of Persons-in-Charge. Persons-in-charge shall:

(a) Prominently post and display the “No Smoking/Vaping” signage, in locations most visible to the public in the areas where smoking/ vaping is prohibited. At the very
least, the “No Smoking/Vaping” signage must be posted at the entrance to the area, which shall be at least 8x11 inches in size, where the symbol shall occupy 60% of
the signage, while the remaining 40% of the signage shall show the pertinent information/precautionary statement, as follows:

For example:

STRICTLY NO SMOKING/VAPING
Per EO No. 26 (s. 2017), as amended
Violators can be fined up to ________
Report violations to [hotline number]
As for the DSVA, after complying with the specifications in Section 4, prominently display the following elements in the signage:

“DESIGNATED SMOKING/VAPING AREA” or

“SMOKING/VAPING AREA”
[Place graphic/picture-based health warning on the effects of tobacco,
ENDS/ENNDS or HTP use within the signage]
[If available, place number of smoking/vaping cessation hotline]

(b) Prominently post and display the “No Smoking/Vaping” signage in the most conspicuous location within the public conveyance. At the very least, a three end a half (3.5)
square inch “No Smoking/ Vaping” signage shall be placed on the windshield and a ten (10) square inch “No Smoking/Vaping” sign at the driver’s back seat;

© Remove from the places where smoking/vaping is prohibited all ashtrays and other receptacles for disposing cigarette/electronic cigarette refuse;

(c) For persons-in-charge of schools, public playgrounds, youth hostels and recreational facilities for minors, including those frequented by minors, post the following
statement in a clear and conspicuous manner:

SELLING, ADVERTISING AND PROMOTING CIGARETTES,

ELECTRONIC NICOTINE/NON-NICOTINE DELIVERY SYSTEMS,
HEATED TOBACCO PRODUCTS OR OTHER TOBACCO
PRODUCTS NOT ALLOWED WITHIN 100 METERS FROM ANY
POINT IN THE PERIMETER OF [NAME OF SCHOOL /
PLAYGROUND / FACILITY FOR MINORS / ETC.]

€ For persons-in-charge of schools, public playgrounds, youth hostels and recreational facilities for minors, including those frequented by minors, to report to the nearest
Smoke/Vape-Free Task Force of the concerned city or municipality any sale, advertisement or promotion of tobacco products, ENDS/ENNDS, HTPs, or their components, located
within 100 meters from its perimeter;
(f) For persons-in-charge of point-of-sale establishments, post the following notice, together with a graphic/picture-based health warning on the health consequences of tobacco
product, ENDS/ ENNDS or HTP use as prescribed by the DOH, in a clear and conspicuous manner:
SALE/DISTRIBUTION OF TOBACCO PRODUCTS TO MINORS,
OR ELECTRONIC NICOTINE/NON-NICOTINE DELIVERY
SYSTEMS OR HEATED TOBACCO PRODUCTS TO PERSONS
BELOW 21 YEARS OLD, IS UNLAWFUL
(g) Establish internal procedure and measures through which this Ordershall be implemented and enforced within the area of which he or she is in charge. This includes compliance
with smoking/vaping, sales, distribution, advertising and promotions restrictions (e.g., warning smoking/vaping violators in banned areas and requesting them to stop
smoking/vaping or leave the premises), and if they still refuse to comply, reporting the incident to the City/Municipal Health Office, the nearest peace officer, or to any member of the
Smoke/Vape-Free Task Force;
Section 10. Expansion of the Smoking Cessation Program. Section 8 of EO No. 26 is also further amended as follows:
“Section 8. Smoking Cessation Program. Local Government Units (LGUs), particularly the respective City/Municipai Health Officer, in coordination with the DOH, are enjoined to
develop, promote and implement their respective Local Smoking Cessation Programs consistent with the National Smoking Cessation Program established pursuant to RA No.
9211, and to encourage the participation of public and private facilities which may be able to provide for the requirements of the program. Such Programs should include the
implementation of the provisions of this Order regarding ENDS/ENNDS, HTPs and other novel tobacco products, Smokers/vapers who are willing to quit and/or those found
violating this Order may be referred to the said Program and its facilities.”
Section 10. Expansion of the Mandate of the Smoke-Free Task Force. Section 9 of E.O. No. 26 is likewise amended as follows:
“Section 9. Smoke/Vape-Free Task Force. Ail cities and municipalities are enjoined to form a local Smoke/Vape-Free Task Force to help carry out the provisions of this Order.
Members of the Philippine National Police and Smoke/Vape-Free Task Forces are directed to carry out the provisions of this Order, including the apprehension of violators and the
institution of criminal proceedings for violations of this Order, in accordance with relevant laws, rules and regulations, and strictly observing due process.’’
F)AO 2019-0008
Requiring all manufacturers or distributors of e-cigarretes or vapes to apply for Certificate of Product Registration (CPR) after passing quality checks before the products can be sold
in the Philippine market, classifying the products as health or consumer product under the jurisdiction of the FDA/LGU
G) PRESIDENTIAL DECREE No. 1619

PENALIZING THE USE OR POSSESSION OR THE UNAUTHORIZED SALE TO MINORS OF VOLATILE SUBSTANCES FOR THE PURPOSE OF INDUCING INTOXICATION
OR IN ANY MANNER CHANGING, DISTORTING OR DISTURBING THE AUDITORY, VISUAL OR MENTAL PROCESS

WHEREAS, reports from law enforcement agencies reveal that certain substances which are openly sold to the public are being availed of by drug dependents as substitutes for
dangerous drugs;

WHEREAS, medical research and studies show that the use of such substitutes could cause death, physiological damage to the liver, kidneys, heart, blood and nervous system,
induce dependency, self-destructive and anti-social acts while under the influence thereof, and lead to the use of other drugs;

WHEREAS, it is imperative to stop the use of such substances as substitutes for dangerous drugs.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and
order as follows:

Section 1. Volatile substances as used in this Decree shall mean and include any liquid, solid or mixed substance having the property of releasing toxic vapors or fumes containing
one or more of the following chemical compounds: methanol, ethanol, isopropanol, ethyl acetate, n-propyl acetate, n-butyl acetate, acetone, methyl ethyl ketone, methyl butyl
ketone, benzene, toluene, xylene, stryene, naphtalene, n-pentane, n-hexane, n-heptane, methylene chloride, trichloroenthylene, tetrachloroenthylene, nitrous oxide,
dichlorodifluoromethane, chlorodifluoromethane, isoamyl nitrate, ether or chloroform or any other chemical substance which when sniffed, smelled, inhaled, or introduced into the
physiological system of the body produces or induces a condition of intoxication, inebriation, excitement, stupefaction, dulling of the brain or nervous system, depression, giddiness,
paralysis, or irrational behaviour or in any manner changing, distorting or disturbing the auditory, visual or mental processes.

Section 2. The use or possession of volatile substances for the purpose of inhalation to induce or produce intoxication or any of the conditions described in the preceding section
shall be punishable by imprisonment ranging from six months and one day to four years and a fine ranging from six hundred to four thousand, pesos: Provided, however, That the
provisions of Article VI, entitled “Rehabilitative Confinement and Suspension of Sentence”, of Republic Act No. 6425, as amended (otherwise known as the Dangerous Drugs Act of
1972), shall, whenever appropriate, apply to the cases arising hereunder.

Section 3. The penalty of imprisonment ranging from four years and one day to eight years and a fine ranging from four thousand to eight thousand pesos shall be imposed upon
any person who sells, administers, delivers, or gives away to another, on any terms whatsoever, or distributes, dispatches in transit or transports or who acts as a broker in any of
such transactions, any substance or mixture of substances containing one or more of the chemical compounds mentioned in Section one hereof for the purpose of inhalation to
induce or produce intoxication or any of the conditions described therein.

Section 4. The penalty of imprisonment ranging from four years and one month to eight years and a fine ranging from four thousand to eight thousand pesos shall be imposed upon
any person, or group of persons who shall maintain a den, dive or resort where any substance or mixture of substances containing one or more of the chemical compounds
mentioned in Section one hereof is used for the purpose of inhalation to induce or produce intoxication or any of the conditions described therein.

Section 5. The sale of, and offer to sell, volatile substances to minors without requiring the written consent of their parents or guardians as a condition for such sale or offer to sell
shall be punishable by imprisonment ranging from six months and one day to four years and a fine ranging from six hundred to four thousand pesos: Provided, That when the minor
is eighteen years or over and is duly licensed to drive a motor vehicle, such written consent shall not be necessary when the volatile substance sold or offered for sale is gasoline or
any other motive fuel for motor vehicles.

Section 6. The sale of, and offer to sell, to minors of liquors or beverages containing an alcoholic content of thirty per centum or above (60 proof or above) is hereby prohibited and
shall be punishable by imprisonment ranging from six months and one day to four years and a fine ranging from six hundred to four thousand pesos.

Section 7. The Dangerous Drugs Board is hereby empowered to issue rules and regulations to carry out the purposes of this decree, including the treatment and rehabilitation of
dependents on volatile substances and their confinement in rehabilitation or commercial products containing one or more of the chemical compounds mentioned in Section one
hereof, and the publication, whenever the need arises, in a newspaper of general circulation, a list of the mentioned industrial or commercial products the sale of which is restricted
or prohibited under the preceding sections.
H) REPUBLIC ACT NO. 10351
AN ACT RESTRUCTURING THE EXCISE TAX ON ALCOHOL AND TOBACCO PRODUCTS BY AMENDING SECTIONS 141, 142, 143, 144, 145, 8, 131 AND 288 OF REPUBLIC
ACT NO. 8424. OTHERWISE KNOWN AS THE NATIONAL INTERNAL REVENUE CODE OF 1997, AS AMENDED BY REPUBLIC ACT NO. 9334, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Section 141 of the National Internal Revenue Code of 1997, as amended by Republic Act No. 9334, is hereby further amended to read as follows:

“Section 141. Distilled Spirits. – On distilled spirits, subject to the provisions of Section 133 of this Code, an excise tax shall be levied, assessed and collected based on the following
schedules:

“(a) Effective on January 1, 2013

“(1) An ad valorem tax equivalent to fifteen percent (15%) of the net retail price (excluding the excise tax and the value-added tax) per proof; and

“(2) In addition to the ad valorem tax herein imposed, a specific tax of Twenty pesos (P20.00) per proof liter.

“(b) Effective on January 1, 2015

“(1) An ad valorem tax equivalent to twenty percent (20%) of the net retail price (excluding the excise tax and the value-added tax) per proof; and

“(2) In addition to the ad valorem tax herein imposed, a specific tax of Twenty pesos (P20.00) per proof liter.

“© In addition to the ad valorem tax herein imposed, the specific tax rate of Twenty pesos (P20.00) imposed under this Section shall be increased by four percent (4%) every year
thereafter effective on January 1, 2016, through revenue regulations issued by the Secretary of Finance.
“Medicinal preparations, flavoring extracts, and all other preparations, except toilet preparations, of which, excluding water, distilled spirits form the chief ingredient, shall be subject
to the same tax as such chief ingredient.

“This tax shall be proportionally increased for any strength of the spirits taxed over proof spirits, and the tax shall attach to this substance as soon as it is in existence as such,
whether it be subsequently separated as pure or impure spirits, or transformed into any other substance either in the process of original production or by any subsequent process.

“ ‘Spirits or distilled spirits’ is the substance known as ethyl alcohol, ethanol or spirits of wine, including all dilutions, purifications and mixtures thereof, from whatever source,0 by
whatever process produced, and shall include whisky, brandy, rum, gin and vodka, and other similar products or mixtures.

“ ‘Proof spirits’ is liquor containing one-half (1/2) of its volume of alcohol of a specific gravity of seven thousand nine hundred and thirty-nine ten thousandths (0.7939) at fifteen
degrees centigrade (15°C). A ‘proof liter’ means a liter of proof spirits.

“ ‘Net retail price’ shall mean the price at which the distilled spirits is sold on retail in at least five (5) major supermarkets in Metro Manila, excluding the amount intended to cover the
applicable excise tax and the value-added tax. For distilled spirits which are marketed outside Metro Manila, the ‘net retail price’ shall mean the price at which the distilled spirits is
sold in at least five (5) major supermarkets in the region excluding the amount intended to cover the applicable excise tax and the value-added tax.

“Major supermarkets, as contemplated under this Act, shall be those with the highest annual gross sales in Metro Manila or the region, as the case may be, as determined by the
National Statistics Office, and shall exclude retail outlets or kiosks, convenience or sari-sari stores, and others of a similar nature: Provided, That no two (2) supermarkets in the list
to be surveyed are affiliated and/or branches of each other: Provided, finally, That in case a particular distilled spirit is not sold in major supermarkets, the price survey can be
conducted in retail outlets where said distilled spirit is sold in Metro Manila or the region, as the case may be, upon the determination of the Commissioner of Internal Revenue.

“The net retail price shall be determined by the Bureau of Internal Revenue (B1R) through a price survey under oath.

“The methodology and all pertinent documents used in the conduct of the latest price survey shall be submitted to the Congressional Oversight Committee on the Comprehensive
Tax Reform Program created under Republic Act No. 8240.

“Understatement of the suggested net retail price by as much as fifteen percent (15%) of the actual net retail price shall render the manufacturer or importer liable for additional
excise tax equivalent to the tax due and difference between the understated suggested net retail price and the actual net retail price.

“Distilled spirits introduced in the domestic market after the effectivity of this Act shall be initially taxed according to their suggested net retail prices.

“ ‘Suggested net retail price’ shall mean the net retail price at which locally manufactured or imported distilled spirits are intended by the manufacturer or importer to be sold on retail
in major supermarkets or retail outlets in Metro Manila for those marketed nationwide, and in other regions, for those with regional markets. At the end of three (3) months from the
product launch, the Bureau of Internal Revenue shall validate the suggested net retail price of the new brand against the net retail price as defined herein and initially determine the
correct tax on a newly introduced distilled spirits. After the end of nine (9) months from such validation, , the Bureau of Internal Revenue shall revalidate the initially validated net
retail price against the net retail price as of the time of revalidation in order to finally determine the correct tax on a newly introduced distilled spirits.

“All distilled spirits existing in the market at the time of the effectivity of this Act shall be taxed according to the tax rates provided above based on the latest price survey of the
distilled spirits conducted by the Bureau of Internal Revenue.

“The methodology and all pertinent documents used in the conduct of the latest price survey shall be submitted to the Congressional Oversight Committee on the Comprehensive
Tax Reform Program created under Republic Act No. 8240.

“Manufacturers and importers of distilled spirits shall, within thirty (30) days from the effectivity of this Act, and within the first five (5) days of every third month thereafter, submit to
the Commissioner a sworn statement of the volume of sales for each particular brand of distilled spirits sold at his establishment for the three-month period immediately preceding.

“Any manufacturer or importer who, in violation of this Section, misdeclares or misrepresents in his or its sworn statement herein required any pertinent data or information shall,
upon final findings by the Commissioner that the violation was committed, be penalized by a summary cancellation or withdrawal of his or its permit to engage in business as
manufacturer or importer of distilled spirits.

“Any corporation, association or partnership liable for any of the acts or omissions in violation of this Section shall be fined treble the amount of deficiency taxes, surcharges and
interest which may be assessed pursuant to this Section.

“Any person liable for any of the acts or omissions prohibited under this Section shall be criminally liable and penalized under Section 254 of this Code. Any person who willfully aids
or abets in the commission of any such act or omission shall be criminally liable in the same manner as the principal.

“If the offender is not a citizen of the Philippines, he shall be deported immediately after serving the sentence, without further proceedings for deportation.”

Section 2. Section 142 of the National Internal Revenue Code of 1997, as amended by Republic Act No. 9334, is hereby further amended to read as follows:

“Section 142. Wines. – On wines, there shall be collected per liter of volume capacity effective on January 1, 2013, the following excise taxes:

“(a) Sparkling wines/champagnes regardless of proof, if the net retail price per bottle of seven hundred fifty milliliter (750 ml.) volume capacity (excluding the excise tax and the
value-added tax) is:

“(1) Five hundred pesos (P500.00) or less -Two hundred fifty pesos (P250.00); and

“(2) More than Five hundred pesos (P500.00) – Seven hundred pesos (P700.00).

“(b) Still wines and carbonated wines containing fourteen percent (14%) of alcohol by volume or less, Thirty pesos (P30.00); and

“© Still wines and carbonated wines containing more than fourteen percent (14%) but not more than twenty-five percent (25%) of alcohol by volume, Sixty pesos (P60.00).

“The rates of tax imposed under this Section shall be increased by four percent (4%) every year thereafter effective on January 1, 2014, through revenue regulations issued by the
Secretary of Finance.

“Fortified wines containing more than twenty-five percent (25%) of alcohol by volume shall be taxed as distilled spirits. ‘Fortified wines’ shall mean natural wines to which distilled
spirits are added to increase their alcohol strength.

“ ‘Net retail price’ shall mean the price at which sparkling wine/champagne is sold on retail in at least five (5) major supermarkets in Metro Manila, excluding the amount intended to
cover the applicable excise tax and the value-added tax. For sparkling wines/champagnes which are marketed outside Metro Manila, the ‘net retail price’ shall mean the price at
which the wine is sold in at least five (5) major supermarkets in the region excluding the amount intended to cover the applicable excise tax and the value-added tax.
“Major supermarkets, as contemplated under this Act, shall be those with the highest annual gross sales in Metro Manila or the region, as the case may be, as determined by the
National Statistics Office, and shall exclude retail outlets or kiosks, convenience or sari-sari stores, and others of a similar nature: Provided, That no two (2) supermarkets in the list
to be surveyed are affiliated and/or branches of each other: Provided, finally, That in case a particular sparkling wine/champagne is not sold in major supermarkets, the price survey
can be conducted in retail outlets where said sparkling wine/champagne is sold in Metro Manila or the region, as the case may be, upon the determination of the Commissioner of
Internal Revenue.

“The net retail price shall be determined by the Bureau of Internal Revenue through a price survey under oath.

“The methodology and all pertinent documents used in the conduct of the latest price survey shall be submitted to the Congressional Oversight Committee on the Comprehensive
Tax Reform Program created under Republic Act No. 8240.

“Understatement of the suggested net retail price by as much as fifteen percent (15%) of the actual net retail price shall render the manufacturer or importer liable for additional
excise tax equivalent to the tax due and difference between the understated suggested net retail price and the actual net retail price.

“Sparkling wines/champagnes introduced in the domestic market after the effectivity of this Act shall be initially tax classified according to their suggested net retail prices.

“ ‘Suggested net retail price’ shall mean the net retail price at which locally manufactured or imported sparkling wines/champagnes are intended by the manufacturer or importer to
be sold on retail in major supermarkets or retail outlets in Metro Manila for those marketed nationwide, and in other regions, for those with regional markets. At the end of three (3)
months from the product launch, the Bureau of Internal Revenue shall validate the suggested net retail price of the sparkling wine/champagne against the net retail price as defined
herein and initially determine the correct tax bracket to which a newly introduced sparkling wine/champagne shall be classified. After the end of nine (9) months from such
validation, the Bureau of Internal Revenue shall revalidate the initially validated net retail price against the net retail price as of the time of revalidation in order to finally determine
the correct tax bracket to which a newly introduced sparkling wine/champagne shall be classified.

“The proper tax classification of sparkling wines/champagnes, whether registered before or after the effectivity of this Act, shall be determined every two (2) years from the date of
effectivity of this Act.

“All sparkling wines/champagnes existing in the market at the time of the effectivity of this Act shall be classified according to the net retail prices and the tax rates provided above
based on the latest price survey of the sparkling wines/champagnes conducted by the Bureau of Internal Revenue.

“The methodology and all pertinent documents used in the conduct of the latest price survey shall be submitted to the Congressional Oversight Committee on the Comprehensive
Tax Reform Program created under Republic Act No. 8240.

“Manufacturers and importers of wines shall, within thirty (30) days from the effectivity of this Act, and within the first five (5) days of every month thereafter, submit to the
Commissioner a sworn statement of the volume of sales for each particular brand of wines sold at his establishment for the three-month period immediately preceding.

“Any manufacturer or importer who, in violation of this Section, misdeclares or misrepresents in his or its sworn statement herein required any pertinent data or information shall,
upon final findings by the Commissioner that the violation was committed be penalized by a summary cancellation or withdrawal of his or its permit to engage in business as
manufacturer or importer of wines.

“Any corporation, association or partnership liable for any of the acts or omissions in violation of this Section shall be fined treble the amount of deficiency taxes, surcharges and
interest which may be assessed pursuant to this Section.

“Any person liable for any of the acts or omissions prohibited under this Section shall be criminally liable and penalized under Section 254 of this Code. Any person who willfully aids
or abets in the commission of any such act or omission shall be criminally liable in the same manner as the principal.

“If the offender is not a citizen of the Philippines, he shall be deported immediately after serving the sentence, without further proceedings for deportation.”

Section 3. Section 143 of the National Internal Revenue Code of 1997, as amended by Republic Act No. 9334, is hereby further amended to read as follows:

“Section 143. Fermented Liquors. – There shall be levied, assessed and collected an excise tax on beer, lager beer, ale, porter and other fermented liquors except tuba, basi, tapuy
and similar fermented liquors in accordance with the following schedule:

“Effective on January 1, 2013

“(a) If the net retail price (excluding the excise tax and the value-added tax) per liter of volume capacity is Fifty pesos and sixty centavos (P50.60) or less, the tax shall be Fifteen
pesos (P15.00) per liter; and

“(b) If the net retail price (excluding the excise tax and the value-added tax) per liter of volume capacity is more than Fifty pesos and sixty centavos (P50.60), the tax shall be Twenty
pesos (P20.00) per liter.

“Effective on January 1, 2014

“(a) If the net retail price (excluding the excise tax and the value-added tax) per liter of volume capacity is Fifty pesos and sixty centavos (P50.60) or less, the tax shall be Seventeen
pesos (P17.00) per liter; and

“(b) If the net retail price (excluding the excise tax and the value-added tax) per liter of volume capacity is more than Fifty pesos and sixty centavos (P50.60), the tax shall be
Twenty-one pesos (P21.00) per liter.

“Effective on January 1, 2015

“(a) If the net retail price (excluding the excise tax and the value-added tax) per liter of volume capacity is Fifty pesos and sixty centavos (P50.60) or less, the tax shall be Nineteen
pesos (P19.00) per liter; and

“(b) If the net retail price (excluding the excise tax and the value-added tax) per liter of volume capacity is more than Fifty pesos and sixty centavos (P50.60), the tax shall be
Twenty-two pesos (P22.00) per liter.

“Effective on January 1, 2016

“(a) If the net retail price (excluding the excise tax and the value-added tax) per liter of volume capacity is Fifty pesos and sixty centavos (P50.60) or less, the tax shall be Twenty-
one pesos (P21.00) per liter; and
“(b) If the net retail price (excluding the excise tax and the value-added tax) per liter of volume capacity is more than Fifty pesos and sixty centavos (P50.60), the tax shall be
Twenty-three pesos (P23.00) per liter.

“Effective on January 1, 2017, the tax on all fermented liquors shall be Twenty-three pesos and fifty centavos (P23.50) per liter.

“The rates of tax imposed under this Section shall be increased by four percent (4%) every year thereafter effective on January 1, 2018, through revenue regulations issued by the
Secretary of Finance. However, in case of fermented liquors affected by the ‘no downward reclassification’ provision prescribed under this Section, the four percent (4%) increase
shah apply to their respective applicable tax rates.

“Fermented liquors which are brewed and sold at micro-breweries or small establishments such as pubs and restaurants shall be subject to the rate of Twenty-eight pesos (P28.00)
per liter effective on January 1, 2013: Provided, That this rate shall be increased by four percent (4%) every year thereafter effective on January 1, 2014, through revenue
regulations issued by the Secretary of Finance.

“Fermented liquors introduced in the domestic market after the effectivity of this Act shall be initially tax classified according to their suggested net retail prices.

“ ‘Suggested net retail price’ shall mean the net retail price at which locally manufactured or imported fermented liquor are intended by the manufacturer or importer to be sold on
retail in major supermarkets or retail outlets in Metro Manila for those marketed nationwide, and in other regions, for those with regional markets. At the end of three (3) months from
the product launch, the Bureau of Internal Revenue shall validate the suggested net retail price of the newly introduced fermented liquor against the net retail price as defined herein
and initially determine the correct tax bracket to which a newly introduced fermented liquor, as defined above, shall be classified. After the end of nine (9) months from such
validation, the Bureau of Internal Revenue shall revalidate the initially validated net retail price against the net retail price as of the time of revalidation in order to finally determine
the correct tax bracket which a newly introduced fermented liquor shall be classified.

“ ‘Net retail price’ shall mean the price at which the fermented liquor is sold on retail in at least five (5) major supermarkets in Metro Manila (for brands of fermented liquor marketed
nationally), excluding the amount intended to cover the applicable excise tax and the value-added tax. For brands which are marketed outside Metro Manila, the ‘net retail price’
shall mean the price at which the fermented liquor is sold in at least five (5) major supermarkets in the region excluding the amount intended to cover the applicable excise tax and
the value-added tax.

“Major supermarkets, as contemplated under this Act, shall be those with the highest annual gross sales in Metro Manila or the region, as the case may be, as determined by the
National Statistics Office, and shall exclude retail outlets or kiosks, convenience or sari-sari stores, and others of a similar nature: Provided, That no two (2) supermarkets in the list
to be surveyed are affiliated and/or branches of each other: Provided, finally, That in case a particular fermented liquor is not sold in major supermarkets, the price survey can be
conducted in retail outlets where said fermented liquor is sold in Metro Manila or the region, as the case may be, upon the determination of the Commissioner of Internal Revenue.

“The net retail price shall be determined by the Bureau of Internal Revenue (BIR) through a price survey under oath.

“The methodology and all pertinent documents used in the conduct of the latest price survey shall be submitted to the Congressional Oversight Committee on the Comprehensive
Tax Reform Program created under Republic Act No. 8240.

“Understatement of the suggested net retail price by as much as fifteen percent (15%) of the actual net retail price shall render the manufacturer or importer liable for additional
excise tax equivalent to the tax due and difference between the understated suggested net retail price and the actual net retail price.

“Any downward reclassification of present categories, for tax purposes, of fermented liquors duly registered at the time of the effectivity of this Act which will reduce the tax imposed
herein, or the payment thereof, shall be prohibited.

“The proper tax classification of fermented liquors, whether registered before or after the effectivity of this Act, shall be determined every two (2) years from the date of effectivity of
this Act.

“All fermented liquors existing in the market at the time of the effectivity of this Act shall be classified according to the net retail prices and the tax rates provided above based on the
latest price survey of the fermented liquors conducted by the Bureau of Internal Revenue.

“The methodology and all pertinent documents used in the conduct of the latest price survey shall be submitted to the Congressional Oversight Committee on the Comprehensive
Tax Reform Program created under Republic Act No. 8240.

“Every brewer or importer of fermented liquor shall, within thirty (30) days from the effectivity of this Act, and within the first five (5) days of every month thereafter, submit to the
Commissioner a sworn statement of the volume of sales for each particular brand of fermented liquor sold at his establishment for the three-month period immediately preceding.

“Any brewer or importer who, in violation of this Section, misdeclares or misrepresents in his or its sworn statement herein required any pertinent data or information shall, upon final
findings by the Commissioner that the violation was committed, be penalized by a summary cancellation or withdrawal of his or its permit to engage in business as brewer or
importer of fermented liquor.

“Any corporation, association or partnership liable for any of the acts or omissions in violation of this Section shall be fined treble the amount of deficiency taxes, surcharges and
interest which may be assessed pursuant to this Section.

“Any person liable for any of the acts or omissions prohibited under this Section shall be criminally liable and penalized under Section 254 of this Code. Any person who willfully aids
or abets in the commission of any such act or omission shall be criminally liable in the same manner as the principal.

“If the offender is not a citizen of the Philippines, he shall be deported immediately after serving the sentence, without further proceedings for deportation.”

Section 4. Section 144 of the National Internal Revenue Code of 1997, as amended by Republic Act No. 9334, is hereby further amended to read as follows:

“Section 144. Tobacco Products. – There shall be collected an excise tax of One peso and seventy-five centavos (P1.75) effective on January 1, 2013 on each kilogram of the
following products of tobacco:

“(a) Tobacco twisted by hand or reduced into a condition to be consumed in any manner other than the ordinary mode of drying and curing;

“(b) Tobacco prepared or partially prepared with or without the use of any machine or instruments or without being pressed or sweetened except as otherwise provided hereunder;
and

“© Fine-cut shorts and refuse, scraps, clippings, cuttings, stems and sweepings of tobacco except as otherwise provided hereunder.

“Stemmed leaf tobacco, tobacco prepared or partially prepared with or without the use of any machine or instrument or without being pressed or sweetened, fine-cut shorts and
refuse, scraps, clippings, cuttings, stems, midribs, and sweepings of tobacco resulting from the handling or stripping of whole leaf tobacco shall be transferred, disposed of, or
otherwise sold, without any prepayment of the excise tax herein provided for, if the same are to be exported or to be used in the manufacture of cigars, cigarettes, or other tobacco
products on which the excise tax will eventually be paid on the finished product, under such conditions as may be prescribed in the rules and regulations promulgated by the
Secretary of Finance, upon recommendation of the Commissioner.

“On tobacco specially prepared for chewing so as to be unsuitable for use in any other manner, on each kilogram, One peso and fifty centavos (P1.50) effective on January 1, 2013.

“The rates of tax imposed under this Section shall be increased by four percent. (4%) every year thereafter effective on January 1, 2014, through revenue regulations issued by the
Secretary of Finance.

“No tobacco products manufactured in the Philippines and produced for export shall be removed from their place of manufacture or exported without posting of an export bond
equivalent to the amount of the excise tax due thereon if sold domestically: Provided, however, That tobacco products for export may be transferred from the place of manufacture
to a bonded facility, upon posting of a transfer bond, prior to export.

“Tobacco products imported into the Philippines and destined for foreign countries shall not be allowed entry without posting a bond equivalent to the amount of customs duty,
excise and value-added taxes due thereon if sold domestically.

“Manufacturers and importers of tobacco products shall, within thirty (30) days from the effectivity of this Act, and within the first five (5) days of every month thereafter, submit to the
Commissioner a sworn statement of the volume of sales for each particular brand of tobacco products sold for the three-month period immediately preceding.

“Any manufacturer or importer who, in violation of this Section, misdeclares or misrepresents hi his or its sworn statement herein required any pertinent data or information shall,
upon final findings by the Commissioner that the violation was committed, be penalized by a summary cancellation or withdrawal of his or its permit to engage in business as
manufacturer or importer of cigars or cigarettes.

“Any corporation, association or partnership liable for any of the acts or omissions in violation of this Section shall be fined treble the amount of deficiency taxes, surcharges and
interest which may be assessed pursuant to this Section.

“Any person liable for any of the acts or omissions prohibited under this Section shall be criminally liable and penalized under Section 254 of this Code. Any person who willfully aids
or abets in the commission of any such act or omission shall be criminally liable in the same manner as the principal.

“If the offender is not a citizen of the Philippines, he shall be deported immediately after serving the sentence, without further proceedings for deportation.”

Section 5. Section 145 of the National Internal Revenue Code of 1997, as amended by Republic Act No. 9334, is hereby further amended to read as follows:

“Section 145. Cigars and Cigarettes. –

“(A) Cigars. – There shall be levied, assessed and collected on cigars an excise tax in accordance with the following schedule:

“(1) Effective on January 1, 2013

“(a) An ad valorem tax equivalent to twenty percent (20%) of the net retail price (excluding the excise tax and the value-added tax) per cigar; and

“(b) In addition to the ad valorem tax herein imposed, a specific tax of Five pesos (P5.00) per cigar.

“(2) In addition to the ad valorem tax herein imposed, the specific tax rate of Five pesos (P5.00) imposed under this subsection shall be increased by four percent (4%) effective on
January 1, 2014 through revenue regulations issued by the Secretary of Finance.

“(B) Cigarettes Packed by Hand. – There shall be levied, assessed and collected on cigarettes packed by hand an excise tax based on the following schedules:

“Effective on January 1, 2013, Twelve pesos (P12.00) per pack;

“Effective on January 1, 2014, Fifteen pesos (P15.00) per pack;

“Effective on January 1, 2015, Eighteen pesos (P18.00) per pack;

“Effective on January 1, 2016, Twenty-one pesos (P21.00) per pack; and

“Effective on January 1, 2017, Thirty pesos (P30.00) per pack.

“The rates of tax imposed under this subsection shall be increased by four percent (4%) every year* effective on January 1, 2018, through revenue regulations issued by the
Secretary of Finance.

“Duly registered cigarettes packed by hand shall only be packed in twenties and other packaging combinations of not more than twenty.

“ ‘Cigarettes packed by hand’ shall refer to the manner of packaging of cigarette sticks using an individual person’s hands and not through any other means such as a mechanical
device, machine or equipment.

“© Cigarettes Packed by Machine. – There shall be levied, assessed and collected on cigarettes packed by machine a tax at the rates prescribed below:

“Effective on January 1, 2013

“(1) If the net retail price (excluding the excise tax and the value-added tax) is Eleven pesos and fifty centavos (P11.50) and below per pack, the tax shall be Twelve pesos (P12.00)
per pack; and

“(2) If the net retail price (excluding the excise tax and the value-added tax) is more than Eleven pesos and fifty centavos (P11.50) per pack, the tax shall be Twenty-five pesos
(P25.00) per pack.

“Effective on January 1, 2014

“(1) If the net retail price (excluding the excise tax and the value-added tax) is Eleven pesos and fifty centavos (P11.50) and below per pack, the tax shall be Seventeen pesos
(P17.00) per pack; and

“(2) If the net retail price (excluding the excise tax and the value-added tax) is more than Eleven pesos and fifty centavos (P11.50) per pack, the tax shall be Twenty-seven pesos
(P27.00) per pack.
“Effective on January 1, 2015

“(1) If the net retail price (excluding the excise tax and the value-added tax) is Eleven pesos and fifty centavos (P11.50) and below per pack, the tax shall be Twenty-one pesos
(P21.00) per pack; and

“(2) If the net retail price (excluding the excise tax and the value-added tax) is more than Eleven pesos and fifty centavos (P11.50) per pack, the tax shall be Twenty-eight pesos
(P28.00) per pack.

“Effective on January 1, 2016

“(1) If the net retail price (excluding the excise tax and the value-added tax) is Eleven pesos and fifty centavos (P11.50) and below per pack, the tax shall be Twenty-five pesos
(P25.00) per pack; and

“(2) If the net retail price (excluding the excise tax and the value-added tax) is more than Eleven pesos and fifty centavos (P11.50) per pack, the tax shall be Twenty-nine pesos
(P29.00) per pack.

“Effective on January 1, 2017, the tax on all cigarettes packed by machine shall be Thirty pesos (P30.00) per pack.

“The rates of tax imposed under this subsection shall be increased by four percent (4%) every year thereafter effective on January 1, 2018, through revenue regulations issued by
the Secretary of Finance.

“Duly registered cigarettes packed by machine shall only be packed in twenties and other packaging combinations of not more than twenty.

“Understatement of the suggested net retail price by as much as fifteen percent (15%) of the actual net retail price shall render the manufacturer or importer liable for additional
excise tax equivalent to the tax due and difference between the understated suggested net retail price and the actual net retail price.

“Cigarettes introduced in the domestic market after the effectivity of this Act shall be initially tax classified according to their suggested net retail prices.

“ ‘Suggested net retail price’ shall mean the net retail price at which locally manufactured or imported cigarettes are intended by the manufacturer or importer to be sold on retail in
major supermarkets or retail outlets in Metro Manila for those marketed nationwide, and in other regions, for those with regional markets. At the end of three (3) months from the
product launch, the Bureau of Internal Revenue shall validate the suggested net retail price of the newly introduced cigarette against the net retail price as defined herein and
initially determine the correct tax bracket under which a newly introduced cigarette shall be classified. After the end of nine (9) months from such validation, the Bureau of Internal
Revenue shall revalidate the initially validated net retail price against the net retail price as of the time of revalidation in order to finally determine the correct tax bracket under which
a newly introduced cigarette shall be classified.

“ ‘Net retail price’ shall mean the price at which the cigarette is sold on retail in at least five (5) major supermarkets in Metro Manila (for brands of cigarettes marketed nationally),
excluding the amount intended to cover the applicable excise tax and the value-added tax. For cigarettes which are marketed only outside Metro Manila, the ‘net retail price’ shah
mean the price at which the cigarette is sold in at least five (5) major supermarkets in the region excluding the amount intended to cover the applicable excise tax and the value-
added tax.

“Major supermarkets, as contemplated under this Act, shall be those with the highest annual gross sales in Metro Manila or the region, as the case may be, as determined by the
National Statistics Office, and shall exclude retail outlets or kiosks, convenience or sari-sari stores, and others of a similar nature: Provided, That no two (2) supermarkets in the list
to be surveyed are affiliated and/or branches of each other: Provided, finally, That in case a particular cigarette is not sold in major supermarkets, the price survey can be conducted
in retail outlets where said cigarette is sold in Metro Manila or the region, as the case may be, upon the determination of the Commissioner of Internal Revenue.

“The net retail price shall be determined by the Bureau of Internal Revenue through a price survey under oath.

“The methodology and all pertinent documents used in the conduct of the latest price survey shall be submitted to the Congressional Oversight Committee on the Comprehensive
Tax Reform Program created under Republic Act No. 8240.

“The proper tax classification of cigarettes, whether registered before or after the effectivity of this Act, shall be determined every two (2) years from the date of effectivity of this Act.

“All cigarettes existing in the market at the time of the effectivity of this Act shall be classified according to the net retail prices and the tax rates provided above based on the latest
price survey of cigarettes conducted by the Bureau of Internal Revenue.

“The methodology and all pertinent documents used in the conduct of the latest price survey shall be submitted to the Congressional Oversight Committee on the Comprehensive
Tax Reform Program created under Republic Act No. 8240.

“No tobacco products manufactured in the Philippines and produced for export shall be removed from their place of manufacture or exported without posting of an export bond
equivalent to the amount of the excise tax due thereon if sold domestically: Provided, however, That tobacco products for export may be transferred from the place of manufacture
to a bonded facility, upon posting of a transfer bond, prior to export.

“Tobacco products imported into the Philippines and destined for foreign countries shall not be allowed entry without posting a bond equivalent to the amount of customs duty,
excise and value-added taxes due thereon if sold domestically.

“Of the total volume of cigarettes sold in the country, any manufacturer and/or seller of tobacco products must procure at least fifteen percent (15%) of its tobacco leaf raw material
requirements from locally grown sources, subject to adjustments based on international treaty commitments.

“Manufacturers and importers of cigars and cigarettes shall, within thirty (30) days from the effectivity of this Act and within the first five (5) days of every month thereafter, submit to
the Commissioner a sworn statement of the volume of sales for cigars and/or cigarettes sold for the three-month period immediately preceding.

“Any manufacturer or importer who, in violation of this Section, misdeclares or misrepresents in his or its sworn statement herein required any pertinent data or information shall,
upon final findings by the Commissioner that the violation was committed, be penalized by a summary cancellation or withdrawal of his or its permit to engage in business as
manufacturer or importer of cigars or cigarettes.

“Any corporation, association or partnership liable for any of the acts or omissions in violation of this Section shall be fined treble the aggregate amount of deficiency taxes,
surcharges and interest which may be assessed pursuant to this Section.

“Any person liable for any of the acts or omissions prohibited under this Section shall be criminally liable and penalized under Section 254 of this Code. Any person who willfully aids
or abets in the commission of any such act or omission shall be criminally liable in the same manner as the principal.

“If the offender is not a citizen of the Philippines, he shall be deported immediately after serving the sentence, without further proceedings for deportation.”
Section 6. Section 8 of Republic Act No. 8424 or the National Internal Revenue Code, as amended, is hereby further amended to read as follows:

“Section 8. Duty of the Commissioner to Ensure the Provision and Distribution of Forms, Receipts, Certificates, and Appliances, and the Acknowledgment of Payment of Taxes. –

“(A) Provision and Distribution to Proper-Officials. – Any law to the contrary notwithstanding, it shah be the duty of the Commissioner, among other things, to prescribe, provide, and
distribute to the proper officials the requisite licenses; internal revenue stamps; unique, secure and nonremovable identification markings (hereafter called unique identification
markings), such as codes or stamps, be affixed to or form part of all unit packets and packages and any outside packaging of cigarettes and bottles of distilled spirits; labels and
other forms; certificates; bonds; records; invoices; books; receipts; instruments; appliances and apparatus used in administering the laws falling within the jurisdiction of the Bureau.
For this purpose, internal revenue stamps, or other markings and labels shall be caused by the Commissioner to be printed with adequate security features.

“Internal revenue stamps, whether of a bar code or fuson design, or other markings shall be firmly and conspicuously affixed or printed on each pack of cigars and cigarettes and
bottles of distilled spirits subject to excise tax in the manner and form as prescribed by the Commissioner, upon approval of the Secretary of Finance.

“To further improve tax administration,’ cigarette and alcohol manufacturers shall be required to install automated volume-counters of packs and bottles to deter over-removals and
misdeclaration of removals.”

Section 7. Section 131, Subsection A of the National Internal Revenue Code of 1997, as amended by Republic Act No. 9334, is hereby further amended as follows:

“Section 131. Payment of Excise Taxes on. Imported Articles. –

“x x x

“The provision of any special or general law to the contrary notwithstanding, the importation of cigars and cigarettes distilled spirits, fermented liquors and wines into the Philippines,
even if destined for tax and duty-free shops, shall be subject to all applicable taxes, duties, charges, including excise taxes due thereon. This shall apply to cigars and cigarettes,
distilled spirits, fermented liquors and wines brought directly into the duly chartered or legislated freeports of the Subic Special Economic and Freeport Zone, created under Republic
Act No. 7227; the Cagayan Special Economic Zone and Freeport, created under Republic Act No. 7922; and the Zamboanga City Special Economic Zone, created under Republic
Act No. 7903, and such other freeports as may hereafter be established or created by law: Provided, further, That notwithstanding the provisions of Republic Act Nos. 9400 and
9593, importations of cigars and cigarettes, distilled spirits, fermented liquors and wines made directly by a government-owned and operated duty-free shop, like the Duty-Free
Philippines (DFP), shall be exempted from all applicable duties only: x x x

“x x x

“Articles confiscated shall be destroyed using the most environmentally friendly method available in accordance with the rules and regulations to be promulgated by the Secretary of
Finance, upon recommendation of the Commissioners of Customs and Internal Revenue.

“x x x.”

Section 8. Section 288, subsections (B) and (C) of the National Internal Revenue Code of 1997, as amended by Republic Act No. 9334, is hereby further amended to read as
follows:

“(B) Incremental Revenues from Republic Act No. 8240. – Fifteen percent (15%) of the incremental revenue collected from the excise tax on tobacco products under R. A. No. 8240
shall be allocated and divided among the provinces producing burley and native tobacco in accordance with the volume of tobacco leaf production. The fund shall be exclusively
utilized for programs to promote economically viable alternatives for tobacco farmers and workers such as:

“(1) Programs that will provide inputs, training, and other support for tobacco farmers who shift to production of agricultural products other than tobacco including, but not limited to,
high-value crops, spices, rice, corn, sugarcane, coconut, livestock and fisheries;

“(2) Programs that will provide financial support for tobacco farmers who are displaced or who cease to produce tobacco;

“(3) Cooperative programs to assist tobacco farmers in planting alternative crops or implementing other livelihood projects;
“(4) Livelihood programs and projects that will promote, enhance, and develop the tourism potential of tobacco-growing provinces;

“(5) Infrastructure projects such as farm to market roads, schools, hospitals, and rural health facilities; and

“(6) Agro-industrial projects that will enable tobacco farmers to be involved in the management and subsequent ownership of projects, such as post-harvest and secondary
processing like cigarette manufacturing and by-product utilization.

“The Department of Budget and Management, in consultation with the Department of Agriculture, shall issue rules and regulations governing the allocation and disbursement of this
fund, not later than one hundred eighty (] 80) days from the effectivity of this Act.

“© Incremental Revenues from the Excise Tax on Alcohol and Tobacco Products. –

“After deducting the allocations under Republic Act Nos. 7171 and 8240, eighty percent (80%) of the remaining balance of the incremental revenue derived from this Act shall be
allocated for the universal health care under the National Health Insurance Program, the attainment of the millennium development goals and health awareness programs; and
twenty percent (20%) shall be allocated nationwide, based on political and district subdivisions, for medical assistance and health enhancement facilities program, the annual
requirements of which shall be determined by the Department of Health (DOH).”

Section 9. Transitory Provision. – A special financial support for displaced workers in the alcohol and tobacco industries shall be allocated and included in the appropriations under
the Department of Labor and Employment (DOLE) to finance unemployment alleviation program; and to the Technical Education and Skills Development Authority (TESDA) to
finance the training and retooling programs of displaced workers, to be included in the General Appropriations Acts for the Fiscal Years 2014 to 2017.

Section 10. Annual Report. – The Department of Budget and Management (DBM), the Department of Agriculture (DA), the Department of Health (DOH) and the Philippine Health
Insurance Corporation (PhilHealth) shall each submit to the Oversight Committee, created under Republic Act No. 8240, a detailed report on the expenditure of the amounts
earmarked in this Section on the first week of August of every year. The reports shall be simultaneously published in the Official Gazette and in the agencies’ websites.

Section 11. Congressional Oversight Committee. – The composition of the Congressional Oversight Committee, created under Republic Act No. 8240, shall include the Agriculture
and Health Committee Chairpersons of the Senate and the House of Representatives as part of the four (4) members to be appointed from each House.

Upon receipt of the annual reports from the DBM, DA, DOH, DOLE, PhilHealth and TESDA, the Committee shall review and ensure the proper implementation of this Act as regards
the expenditures of the earmarked funds.
Starting the third quarter of Calendar Year 2016, the Committee is mandated to review the impact of the tax rates provided under this Act.
Section 12. Implementing Rules and Regulations. – The Secretary of Finance shall, upon the recommendation of the Commissioner of Internal Revenue, and in consultation with
the Department of Health, promulgate the necessary rules and regulations for the effective implementation of this Act not later than one hundred eighty (180) days upon the
effectivity of this Act.
I) REPUBLIC ACT NO. 11900, July 25, 2022
AN ACT REGULATING THE IMPORTATION, MANUFACTURE, SALE, PACKAGING, DISTRIBUTION, USE, AND COMMUNICATION OF VAPORIZED NICOTINE AND NON-
NICOTINE PRODUCTS, AND NOVEL TOBACCO PRODUCTS
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. — This Act shall be known as the “Vaporized Nicotine and Non-Nicotine Products Regulation Act.”

Section 2. Declaration of Policy. — It is hereby declared the policy of the State to protect and promote the right to health of the people and instill health consciousness among them.

It is further declared the policy of the State to enact a balanced policy whereby these novel consumer products are properly regulated using internationally accepted product
standards in order to protect the citizens from the hazards of regulated, unregulated and substandard Vapor Products and Heated Tobacco Products.

For this purpose, the government shall regulate the importation, assembly, manufacture, sale, packaging, distribution, use, advertisement, promotion and sponsorship of Vaporized
Nicotine and Non-Nicotine Products, and their devices, and Novel Tobacco Products in order to promote a healthy environment, protect the citizens from any potential hazards of
these novel consumer products, reduce the harm caused by smoking, and ensure that the sale to minors and the illicit trade of Vaporized Nicotine and Non-Nicotine Products, and
their devices, and Novel Tobacco Products in the country are prevented.

Section 3. Definition of Terms. — For purposes of this Act, the following terms shall mean:

(a) Advertising shall refer to the business of conceptualizing, presenting, making available and communicating to the public, through any form of mass media, any fact, data
or information about the attributes, features, quality or availability of consumer products, services or credit. For the purpose of this Act, advertising shall be understood
as Vaporized Nicotine and Non-Nicotine Products and Novel Tobacco Products advertising and shall not include non-promotional communication intended for
informational purposes only;

(b) Celebrity shall refer to any natural person who, by his or her accomplishments or fame, or by reason of his or her profession or calling, gives the public a legitimate
interest in his or her doings, affairs and character. The term includes anyone who has arrived at a position where public attention is focused upon him or her as a
person, such as, but not limited to, actors, athletes and other sports personalities, war heroes, famous inventors, social media influencers and explorers among others;

© Child-resistant shall refer to the type of containers that can be opened only by operating, puncturing or removing one of its functional and necessary parts using a tool that is not
supplied with the container and comply with the existing standards on child-resistant packaging;

(c) Designated Vaping Area (DVA) shall refer to an assigned indoor or outdoor area where the use of Vaporized Nicotine and Non-Nicotine Products shall be allowed;

€ Distributor shall refer to any entity to whom Vaporized Nicotine and Non-Nicotine Products, or their devices, or Novel Tobacco Products is delivered or sold for purposes of
distribution in commerce, except that such term does not include a manufacturer, retailer or common carrier of such product;

(f) Heated Tobacco Products (HTPs), also referred to as Heated Tobacco Product (HTP) Consumables or Heat-Not-Burn Product Consumables, shall refer to tobacco products that
are intended to be consumed through heating tobacco, either electronically or through other means, sufficient to release an aerosol that can be inhaled, without combustion of the
tobacco. HTP Consumables or Heat-Not-Burn Product Consumables may also include liquid solutions and gels that are part of the product and are heated to generate an aerosol.
HTPs may or may not operate by means of an HTP Device;

(g) Heated Tobacco Product Device or HTP Device shall refer to the component or combination of components of an HTP System intended to be used in combination with HTP
Consumables that generate an aerosol without combustion;

(h) Heated Tobacco Product System or HTP System shall refer to an HTP Consumable and HTP Device that are intended to be used together as a system;

(i) Manufacturer shall refer to an establishment engaged in any and all operations involved in the production of Vaporized Nicotine and Non-Nicotine Products, or
their devices, or Novel Tobacco Products, including preparatory processing, compounding, formulating, filling, refilling, packaging, repackaging, altering,
ornamenting, finishing and labeling for the purpose of its storage, sale or distribution;

(j) Medicinal or Therapeutic Claims shall refer to explicit statements made on any product presented as having properties for directly treating, curing, alleviating, or preventing
diseases or disorders in persons;

(k) Nicotine shall refer to nicotinic alkaloids, including any salt or complex of nicotine, whether derived from tobacco or synthetically produced;

(l) Nicotine Mixture shall refer to the nicotine containing liquid, solid or other non-tobacco substance in the product;

(m) Nicotine Shots shall refer to nicotine in liquid or any other form or substance that is added to or mixed with Vapor Product Refills or cartridges that has the effect of increasing
the dosage or nicotine concentration in a refill or cartridge;

(n) Novel Tobacco Products shall refer to all non-combusted substances in solid or liquid form, and innovations, either made partly of tobacco leaf as raw material or containing
nicotine from tobacco, intended to be used as a substitute for cigarettes or other combusted tobacco products;

(o) Package shall refer to packs, boxes, cartons, or containers of any kind in which Vapor Products or HTPs, or Novel Tobacco Products are contained when offered for sale to
consumers;

(p) Principal display surface shall refer to the panel of the package that faces the consumer when displayed for sale;

(q) Point-of-Sale shall refer to any location, physical or online, where an individual can purchase Vaporized Nicotine and Non-Nicotine Products and their devices, or Novel Tobacco
Products, which may include a product testing area;

® Product Demonstration shall refer to the testing of an HTP System or Vapor Product System, or Novel Tobacco Product conducted by a trained product expert who shall explain
the characteristics, operation and maintenance of the product for the purpose of informing and familiarizing a prospective buyer, who is of legal age for the purpose of this Act;

(s) Product Statement shall refer to an explicit communication to consumers in the product label or marketing which pertains to product performance attributes or an objective
description of the contents of the product, quantity of chemicals produced, or how a product works or operates;

(t) Promotion shall refer to an event or activity organized by or on behalf of a Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product manufacturer, importer,
distributor, or retailer with the aim of promoting a brand of a Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product, which event or activity would not occur if not
for the support given to it by or on behalf of the Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product manufacturer, importer, distributor, or retailer. This includes
the paid use of Vaporized Nicotine and Non-Nicotine Products or Novel Tobacco Products bearing the brand names, trademarks, logos, and the like by performers in movies,
television and other forms of entertainment as well as in other live promotional events such as fairs, trade shows, concerts, and similar events. For the purpose of this Act,
promotion shall be understood as Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product promotion;

(u) Promotional shall refer to the act of publicizing a product to an individual, group or the general public, or promoting awareness of the product brands, for the sole purpose of
increasing sales;

(v) Reduced Risk Statement shall refer to an explicit communication to consumers in the product label or marketing materials which states that the product presents less risk of
harm to the user’s health or is less harmful to the user’s health than continued smoking of combustible cigarettes;

(w) Refill shall refer to a container for holding electronic liquid or Nicotine Mixture;

(x) Retailer shall refer to any establishment which sells or offers to sell any Vaporized Nicotine and Non-Nicotine Products or their devices, or Novel Tobacco Products directly to an
individual, group or the general public;

(y) Sponsorship shall refer to any public or private contribution, whether in cash or in kind, from a third party, in relation to an event, team, or activity made with the aim of promoting
a brand of Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product, which event, team or activity would still exist or occur without such contribution. For the purpose
of this Act, sponsorship shall be understood as Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product sponsorship;

(z) Tamper-resistant shall refer to the type of packages constructed such that it has one or more indicators or barriers to entry which, if breached or missing, can reasonably be
expected to provide visible evidence that the product or its packaging has been opened, or otherwise comply with standards on tamper-resistant packaging;

(aa) Vapor Products, also referred to as Vapor Product Refills, shall refer to the liquid, solid, or gel, or any combination thereof, which may or may not contain nicotine, that is
transformed into an aerosol without combustion by a Vapor Product Device;

(bb) Vapor Product Device shall refer to a device or a combination of devices used to heat a Vapor Product, to produce an aerosol, mist, or vapor that users inhale. These may
include combinations of a liquid solution or gel that are heated and transformed into an aerosol without combustion through the employment of a mechanical or electronic heating
element, battery, or circuit, and includes, but is not limited to, a cartridge, a tank, or a device without a cartridge or tank;

(cc) Vapor Product System, also referred to as electronic nicotine or non-nicotine delivery systems, shall refer to the specific combination consisting of the Vapor Product Refill and
Vapor Product Device which, based on the information made available to the consumer by the provider, are intended to be used together; and

(dd) Vaporized Nicotine or Non-Nicotine Products shall refer to both Heated Tobacco Products and Vapor Products, as defined herein, which are novel consumer goods that
generate a nicotine-containing or non-nicotine-containing aerosol without combustion.

Section 4. Packaging and Health Warnings. — All Vapor Product Refills, HTP Consumables, and Novel Tobacco Products shall comply with the following packaging requirements:

(a) The unit packaging or any outside consumer packaging of Vapor Product Refills, HTP Consumables, or Novel Tobacco Products shall bear the following health
warnings:

(i) A highly visible, full-color graphic health warning prescribed under Republic Act No. 10646, otherwise known as “The graphic Health Warnings Law,” consistent
with the textual health warning required herein, which shall be printed on fifty percent (50%) of the principal display surfaces of Vaporized Nicotine and Non-
Nicotine Products or Novel Tobacco Products and shall occupy fifty percent (50%) of the front and fifty percent (50%) of the back panel of the packaging.

The content, format, and specifications of the graphic health warning shall be designated by the Department of Health (DOH); and

(ii) A textual health warning which states: (1) For products that contain nicotine: “This product is harmful and contains nicotine which is a highly addictive substance.
It is not recommended for use by nonsmokers.”; and (2) For products that do not contain nicotine: “This product may contain a substance that is harmful. It is not
recommended for use by nonsmokers.”

The textual warning shall use no more than twenty percent (20%) of the entire area of the graphic health warning and shall appear in clearly legible type and in contrast by
typograph, layout and color, without the use of any border, frame or any other design that will effectively lessen the size of the textual warning.

(b) Nothing shall be printed or applied on a location where the health warning is likely to be obscured or covered, in part or in whole;

© No part of the warning may be obliterated, obscured, folded, severed or become unreadable when the package is opened or closed or when a wrapper on the package is
removed;

(c) The internal revenue fiscal marking requirements under Republic Act No. 8424, otherwise known as the “National Internal Revenue Code of 1997,” as amended, and
other related regulations, whenever applicable, shall be complied with: Provided, That Vapor Product Refills, HTP Consumables or Novel Tobacco Products
manufactured or produced in the Philippines for domestic sales or consumption shall only be in such packages and bear such marks or brands as prescribed by the
Bureau of Internal Revenue (BIR): Provided, further, That goods of similar character imported into the Philippines shall likewise be packed and marked in such manner
as may be required by the BIR and that in no case shall Vapor Product Refills and/or HTP Consumables intended or offered for export shall be distributed in the local
market;

€ Thirty (30) days after the effectivity of this Act, the DOH shall issue the template, as well as the guidelines with respect to the specific picture, design, or content of the information
relating to the graphic health warning that must appear on the product packaging; and

(f) This section shall only apply to Vaporized Nicotine and Non-Nicotine Products and Novel Tobacco Products that are locally manufactured or imported and introduced in the
Philippine market. Vaporized Nicotine and Non-Nicotine Products and Novel Tobacco Products intended or offered for export shall only be subject to the requirement that one (1)
side panel of any box or packaging of any form that is used to store or hold containers, reams or cartons, or any other Vaporized Nicotine and Non-Nicotine Product and Novel
Tobacco Product packaging for shipping or transport, and one (1) side panel of each packaging primarily intended for retail sale to consumers, shall contain the following markings
and information: “For sale only in _________.” “Made under authority of _____________,” tax number assigned by the BIR to the domestic manufacturer that exports these
products, and fiscal and regulatory marking requirements of the country where the products will be ultimately sold. The BIR may allow different and distinct packaging markings
requirement for Vaporized Nicotine and Non-Nicotine Products and Novel Tobacco Products produced or manufactured in the Philippines intended or offered for export to comply
with the laws, rules, regulations, and issuances of the country where the Vaporized Nicotine and Non-Nicotine Products and Novel Tobacco Products will be ultimately sold.
Section 5. Tamper-resistant and Child-resistant Design. — The receptacles of Vapor Product Refills shall be child-resistant, tamper-resistant, and shall be protected against
breakage and leakage.
Non-refillable receptacles shall not be tampered with and refilled.
Section 6. Minimum Age Sales and Purchase. — The minimum allowable age for the purchase, sale and use of Vaporized Nicotine and Non-Nicotine Products, their devices, or
Novel Tobacco Products shall be eighteen (18) years old.
It shall not be a defense for the person selling or distributing that he or she did not know or was not aware of the real age of the purchaser. Neither shall it be a defense that he or
she did not know nor had any reason to believe that the product was for the consumption of a person below eighteen (18) years of age.
Section 7. Proof-of-Age Verification. — Retailers shall ensure that no individual below eighteen (18) years of age is allowed to purchase Vaporized Nicotine and Non-Nicotine
Products, their devices, or Novel Tobacco Products. It shall be the responsibility of retailers to verify the age of buyers.1a ⍵⍴h!1 For this purpose, the presentation of any valid
government-issued identification card exhibiting the buyer’s photograph and age or date of birth shall be required. Retailers shall ensure direct delivery only to individuals who must
be eighteen (18) years old and above.
Section 8. Online Trade. — The sale or distribution of Vaporized Nicotine and Non-Nicotine Products, their devices, and Novel Tobacco Products through internet websites or via e-
commerce and/or other similar media platforms shall be allowed: Provided, That the retailer or distributor shall adopt measures to ensure that persons below eighteen (18) years of
age are denied access thereto and that the internet website shall bear the signages required under this Act.
In compliance with the aforementioned age restriction, and when seeking access to such media platform, the person’s legal age shall be self-declared in the opening first page of
the website.
Provided, further, That the sale or distribution of Vaporized Nicotine and Non-Nicotine Products, their devices, and Novel Tobacco Products through internet websites or via e-
commerce and/or other similar media platforms shall only be made by online sellers or distributors registered with the Department of Trade and Industry (DTI) or the Securities and
Exchange Commission (SEC) and the products being sold and advertised online shall be compliant with the health warning requirements indicated herein, as well as other BIR
requirements including tax stamp, minimum or floor price or other fiscal marks: Provided, finally, That the delivery of Vaporized Nicotine and Non-Nicotine Products, their devices,
and Novel Tobacco Products purchased online shall also comply with Section 7 of this Act.
Section 9. Sales and Promotion within School Perimeters. — The sale, promotion, advertising, and product demonstration of Vaporized Nicotine and Non-Nicotine Products or
Novel Tobacco Products within one hundred (100) meters from any point of the perimeter of a school, playground or other facility frequented particularly by minors shall be
prohibited.
Section 10. Point-of-Sale Signage. — Point-of-sale establishments offering, selling, or distributing Vaporized Nicotine and Non-Nicotine Products shall post the following statement
in a clear and conspicuous manner:
“The sale or distribution of Vaporized Nicotine and Non-Nicotine Products to or by persons below eighteen (18) years of age is illegal. These products are harmful and contain
nicotine which is a highly addictive substance. It is not recommended for use by nonsmokers.” Or “Ang pagbenta at pagbili ng Vaporized Nicotine and Non-Nicotine Products sa at
ng mga taong wala pang labingwalong (18) taong gulang ay pinagbabawal. Ang mga produktong ito ay nakakasama sa kalusugan at mayroong nicotine, isang nakakalulong na
kemikal. Hindi ito inirerekomenda na gamitin ng mga hindi naninigarilyo.”
Section 11. Display of Products. — Vaporized Nicotine and Non-Nicotine Products and Novel Tobacco Products shall not be displayed immediately next to products of particular
interest to minors.
Section 12. Product Communication Restrictions. — Advertisement of Vaporized Nicotine and Non-Nicotine Products, or Novel Tobacco Products and other forms of consumer
communication shall be allowed in points-of-sale or retail establishments, through direct marketing, and on the internet: Provided, That the following guidelines shall apply:
(a) These shall not be targeted to or particularly appeal to persons under eighteen (18) years of age. Markings or characters that are likely to appeal to the
youth such as the use cartoons, anime, manga, animated characters, youth influencers, personalities and the like are prohibited;
(b) All product communications shall contain the following health warning: “Government Warning: This product is harmful and contains nicotine which is a
highly addictive substance. This is for use only by adults and is not recommended for use by nonsmokers”;
© These shall not feature a minor and/or a celebrity or contain an endorsement, implied or express, by a celebrity. Manufacturers, importers, and sellers in their product
advertisements are prohibited from contracting celebrities or health professionals to promote or encourage the use of Vaporized Nicotine and Non-Nicotine Products or Novel
Tobacco Products;
(c) Any posts, messages, or images by manufacturers, importers, retailers, and distributors depicting vaping or the use of Vaporized Nicotine and Non-Nicotine
Products and Novel Tobacco Products as a lifestyle that is particularly attractive to minors, or promoting or encouraging vaping or the use Vaporized
Nicotine and Non-Nicotine Products and Novel Tobacco Products for nonsmokers or minors, or the purchase or use Vaporized Nicotine and Non-Nicotine
Products or the use Novel Tobacco Products, trademarks, brand names, design, and manufacturer’s names as a lifestyle targeted at minors shall be
prohibited;
€ These should not undermine quit-smoking messages and should not encourage non-tobacco or non-nicotine users to use Vaporized Nicotine and Non-Nicotine Products or Novel
Tobacco Products;
(f) These shall not contain any information that is false, or not scientifically substantiated, particularly with regard to product statements, characteristics, health effects, risks or
emissions consistent with Section 18 of this Act;

(g) Product testing and/or demonstration shall be allowed in locations that sell Vaporized Nicotine and Non-Nicotine Products or their devices, or Novel Tobacco Products;
(h) Online advertisements on e-commerce platforms shall only be visible after the appropriate age verification measures under this Act;
(i) No Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product advertisements may be placed on objects or places outside the premises of points-
of-sale such as, but not limited to, vehicles of any kind, billboards, posters and streamers;
(j) The sale of Vaporized Nicotine and Non-Nicotine Products and Novel Tobacco Products that are packaged, labeled, presented, or marketed with flavor descriptors that are
proven unduly appeal particularly to minors shall be prohibited. A flavor descriptor is presumed to unduly appeal to minors if it includes a reference to a fruit, candy brand, dessert,
or cartoon character;
(k) No Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product shall have a medicinal or therapeutic claim on its marketing materials or packaging unless such
claim is approved by the Food and Drug Administration (FDA) pursuant to Republic Act No. 9711, otherwise known as the “Food and Drug Administration (FDA) Act of 2009.” No
Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product shall have an explicit reduced risk statement unless authorized by the FDA pursuant to the implementing
rules and regulations under Section 24 of this Act;
(l) Reduced risk statements, which are authorized, validated, accepted, or permitted by reliable and mature national regulatory agencies, for Vaporized Nicotine and Non-Nicotine
Products and Novel Tobacco Products shall be taken into consideration by the FDA in its resolution of an application for a reduced risk statement authorization and shall be
resolved within eighteen (18) months; and
(m) These restrictions apply to commercial communications only and shall not prevent a company from providing information regarding its company, its products and other non-
promotional information on Vaporized Nicotine and Non-Nicotine Products or Novel Tobacco Products.
Section 13. Restrictions on Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product Promotional Activities. — The following restrictions shall apply to any
promotional activity related to Vaporized Nicotine and Non-Nicotine Products or Novel Tobacco Products:
(a) Promotional events and activities, such as, but not limited to, product sampling or product offers, shall only be conducted by trained product experts and must be
directed only to person at least eighteen (18) years of age. No person below eighteen (18) years of age shall participate in such promotions. The participants in such
promotions shall be required to provide proof of their age: Provided, That the invitation to these promotional events and activities shall contain the appropriate health
warnings;
(b) Communications to consumers about promotional events for Vaporized Nicotine and Non-Nicotine Products or Novel Tobacco Products shall comply with the provisions
of this Act governing Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product advertising. In addition to the required health warning, the age
requirement for participation in any promotional activity must be clearly marked on the program materials distributed to consumers;
© No Vaporized Nicotine and Non-Nicotine Products or Novel Tobacco Products shall have a medicinal claim on its marketing materials or packaging unless such claim is approved
by the FDA pursuant to Republic Act No. 9711;
(c) All stalls, booths, and other displays concerning Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product promotions must be limited to point-of-sale
locations or adult-only facilities;
€ Telecommunications concerning promotional offers, programs or events must include a recorded health warning message in English or Filipino consistent with the warnings
specified in this Act;
(f) No product promotional placement or advertisement shall be made by any manufacturer, distributor, or retailer of any Vaporized Nicotine and Non-Nicotine Product or Novel
Tobacco Product package, including use of the product, in any manner, in a video game or in any television program or motion picture authorized by regulatory agencies concerned
for viewing by the general public;
(g) No promotional merchandise such as, but not limited to, t-shirts, caps, sweatshirts, visors, backpacks, sunglasses, writing implements and umbrellas, may be distributed, sold or
offered, directly or indirectly, with the name, logo or other indicia of a Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product brand displayed so as to be visible to
others when worn or used;
(h) No name, logo, or other indicia of a Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product brand may appear on promotional merchandise or element of a
brand-related marketing activity that is marketed to or likely to be used by minors such as, but not limited to, sports equipment, toys, dolls, video games, and food. The manufacturer
or company must take all available measures to prevent third parties from using the company’s brand names, logos, or other proprietary symbol on products that are directed
toward minors; and
(i) No Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product advertisements may be placed on shopping bags. ℒαwρhi ৷
Section 14. Restrictions on Sponsorship. — The following restrictions shall apply to all Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product promotional
sponsorships:
(a) Sponsorships shall be absolutely prohibited in any sport, concert, cultural, or art event;

(b) No person below eighteen (18) years of age may participate in sponsored events. The participants in the sponsored event shall be required to provide proof
of age. Invitations to these events shall contain the appropriate health warnings;
© Communications to consumers about Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product sponsored events shall comply with the provisions of this Act
governing Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product and advertising. In addition to the mandatory health warning, the age requirement for
participation in any sponsored event must be clearly marked on the program materials distributed to consumers;
(c) All display materials concerning Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product sponsored events must be limited to point-of-sale
locations or adult-only facilities;
€ Telecommunications concerning sponsored events must include a recorded health warning message in English or Filipino consistent with the warnings specified in this Act;
(f) No merchandise such as, but limited to, t-shirts, caps, sweatshirts, visors, backpacks, sunglasses, writing implements, school notebooks, umbrellas and other accessories, may
be distributed, sold or offered, directly or indirectly, during the sponsored event, with the name, logo or other indicia of a Vaporized Nicotine and Non-Nicotine Product or Novel
Tobacco Product brand;
(g) Such other restrictions on the product sponsorship as determined by the DTI consistent with the provisions of this Act; and
(h) These restrictions shall only apply to commercial sponsorships and shall not prevent a company from conducting corporate social responsibility related activities and programs:
Provided, That such activities shall not bear a Vaporized Nicotine and Non-Nicotine Product and Novel Tobacco Product brand name and logo.
Section 15. Use in Public Place. — The use of Vaporized Nicotine and Non-Nicotine Products shall be prohibited in all indoor public places except in DVAs, or in point-of-sale
establishments for purposes of conducting product demonstrations.
The use of Vaporized Nicotine and Non-Nicotine Products shall be absolutely prohibited in the following public places:
(a) Centers of youth activity such as play schools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels and recreational facilities
for persons under eighteen (18) years old;
(b) Elevators and stairwells;
© Locations in which fire hazards are present, including gas stations and storage areas for flammable liquids, gas explosives or combustible materials;
(c) 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 DVAs;
(f) Food preparation areas;
(g) Churches and other similar places where people congregate for worship; and
(h) Within the building and premises of government offices, except for DVAs.
Section 16. Smoking and Vaping Restriction Awareness Campaign. — Subject to the provisions of this Act, the DOH, in coordination with other concerned agencies, may undertake
smoking and vaping restriction awareness campaigns on the harmful effects of smoking and vaping, which may include information drives and posting of warning sign images in
public. As part of the whole-of-society approach for a genuine smoke- and vape-free environment, the private sector shall also be encouraged to undertake restriction awareness
campaigns on smoking and vaping, including, but not limited to, censoring and not supporting advertisements promoting smoking and vaping.
Section 17. Standards for Designated Vaping Areas. — Designated Vaping Areas (DVAs) shall comply with the following standards:
(a) Persons below eighteen (18) years of age shall not be allowed within the DVA;
(b) Every DVA shall have the following signages highly visible and prominently displayed:
(i) “Vaping Area” signage; and
(ii) Prohibition on entry of persons below eighteen (18) years of age and pregnant women.
© Smoking shall not be allowed in DVAs;
(c) The number of persons allowed inside shall be controlled by the establishment owner, taking into consideration the size of the DVA and its location;
€ The DVA shall be in an open space in an outdoor area, or in a separate indoor area with proper ventilation;
(f) If the DVA is located indoors, there shall be no opening that will allow air to escape from the DVA to the smoke- or vape-free area of the building or conveyance, except for a
single door equipped with an automatic door closer;
(g) The DVA and its ventilation outlets shall not be located in or within ten (10) meters from entrances, exits or any place where people pass or congregate, or in front of air intake
ducts;
(h) The combined area of the DVA and the buffer zone shall not be larger than twenty percent (20%) of the total floor area of the building or conveyance: Provided, That in no case
shall such area be less than ten (10) square meters;
(i) No building or conveyance shall have more than one (1) DVA;
(j) The ventilation system for the DVA, other than in open space and for the buffer zone, shall be independent of all ventilation systems for the rest of the building or conveyance;
(k) Minors shall not be allowed inside the DVA and the buffer zone; and
(l) There shall be no selling, serving or offering of food and beverages in the DVA and its buffer zone unless the DVA is located in a point-of-sale.
Provided, That nothing in this Act shall compel persons in charge to establish DVAs nor prevent them from instituting more stringent measures in their building and establishment to
better ensure a vape-free environment in their premises.
Section 18. Product Standard Requirements. — The DTI, in consultation with the FDA, shall set technical standards for safety, consistency, and quality of the products requiring
registration in the immediately succeeding section based on international standards: Provided, That no vapor product with a nicotine content above sixty-five milligrams per milliliter
(65mg/ml) shall be allowed to be sold in the market. The compliance with these product standards shall be mandatory.
Section 19. Product Registration. — All manufacturers and importers of the following products shall register with the DTI by submitting information demonstrating conformity with
Section 18 of this Act:
(a) HTP Consumable;
(b) HTP Device;
© Vapor Product Refill;
(c) Vapor Product Device; and
€ Novel Tobacco Products.
Vaporized Nicotine and Non-Nicotine Products, Novel Tobacco Products, Heated Tobacco Product Devices and Vapor Product Devices may be sold to the general public after
submission of the product registration requirements under this Act.
The DTI, upon due process, may order the immediate recall, ban or seizure from public sale or distribution of Vaporized Nicotine and Non-Nicotine Products, HTP Devices, Vapor
Product Devices, and Novel Tobacco Products for failure to comply with this section in relation to Section 18 of this Act.
Only duly registered Vaporized Nicotine and Non-Nicotine Products or their devices, or Novel Tobacco Products with the applicable graphic health warnings are allowed to be sold,
advertised or distributed through whatever means.
For online sales, the Secretary of the DTI, upon due process, shall have the power to issue an order directing that a noncompliant website, webpage, online application, social
media account, or other similar platform be taken down and preventing online sellers, which are noncompliant with the registration requirements provided under this Act, from selling
online. The Secretary of the DTI shall order the immediate recall, ban or seizure from public sale or distribution of noncompliant Vaporized Nicotine and Non-Nicotine Products or
their devices, and Novel Tobacco Products as provided under this section. The DTI and the BIR shall also maintain a list on their website, to be updated monthly, of brands of
Vaporized Nicotine and Non-Nicotine Products and Novel Tobacco Products registered with the DTI and the BIR that are eligible to be sold online.
Internet websites and/or e-commerce and/or other similar media selling platform providers shall only allow duly registered online sellers or retailers with the DTI and the BIR.
Section 20. Restriction on the Retail and Sale of Nicotine Shots. — The retail or use of nicotine shots and/or concentrates shall be strictly prohibited.
Section 21. Jurisdiction. — The DTI shall have exclusive jurisdiction over any and all issues, requirements, and subject matters related to Vaporized Nicotine and Non-Nicotine
Products, and their devices, as well as Novel Tobacco Products, which are provided for in this Act.
Section 22. Floor Price. — The BIR is mandated to issue revenue regulations prescribing the floor price or the minimum price of Vaporized Nicotine and Non-Nicotine Products or
Novel Tobacco Products, taking into account the sum of their excise tax, value-added tax, and a reasonable production cost.
Section 23. Penalties for Noncompliance. — The following penalties shall apply:
(a) For any violation of Section 15, if the offender is a person; and Section 17, if the offender is a juridical person, the following shall be imposed:
(i) On the first offense, a fine of Five thousand pesos (P5,000.00);
(ii) On the second offense, a fine of Ten thousand pesos (P10,000.00); and
(iii) On the third offense, a fine of Twenty thousand pesos (P20,000.00): Provided, That the business permits and licenses, in the case of a business entity or
establishment, shall be revoked or cancelled.
(b) For any violation of Sections 6, 7, 9, 10, 11 and 20, if the offender is a retailer, the following shall be imposed:
(i) On the first offense, any person or any business entity or establishment selling, distributing or purchasing Vaporized Nicotine and Non-Nicotine Products and
Novel Tobacco Products to, for or from a minor shall be fined the amount of Ten thousand pesos (P10,000.00) or imprisoned for not more than thirty (30) days,
upon the discretion of the court. For succeeding offenses, both penalties shall apply in addition to the revocation of the business licenses or permits in the case of
a business entity or establishment;
(ii) If the violation is done by an establishment or business entity, the owner, president, manager, or the most senior officers thereof shall be held liable for the
offense; and
(iii) If a minor is caught selling, buying or using any Vaporized Nicotine and Non-Nicotine Products and Novel Tobacco Products, the DOH and the Department of
Social Welfare and Development (DSWD) shall implement appropriate intervention programs, including, but not limited to, counseling of the minor and the minor’s
parent or guardian.
© For any violation of Sections 8, 12, 13, 14 and 18, if the offender is a manufacturer, distributor, or retailer, the following shall be imposed:
(i) On the first offense, a fine of One hundred thousand pesos (P100,000.00);
(ii) On the second offense, a fine of Two hundred thousand pesos (P200,000.00); and
(iii) On the third offense, affine of Four hundred thousand pesos (P400,000.00) or imprisonment of not more than three (3) years, or both, at the discretion of the
court: Provided, That the business permits and licenses, in the case of a business entity or establishment, shall be revoked or cancelled.
(c) For any violation of Sections 4 and 5 of this Act, if the offender is a manufacturer, importer, distributor, or retailer, the following shall be imposed:
(i) On the first offense, a fine of Two million pesos (P2,000,000.00) and imprisonment of two (2) years;
(ii) On the second offense, a fine of Four million pesos (P4,000,000.00) and imprisonment of four (4) years; and
(iii) On the third offense, a fine of Five million pesos (P5,000,000.00) and imprisonment of six (6) years: Provided, That the business permits and licenses, in the case
of a business entity or establishment, shall be revoked or cancelled.
Online sellers and distributors of Vaporized Nicotine and Non-Nicotine Products or Novel Tobacco Products and online platforms that are noncompliant with Section 8 of this Act
shall be ordered by the DTI to immediately suspend trading of such products and shall be liable for the fines and penalties imposed under this section. Suspension shall continue
until the manufacturer, seller, distributor or online platform has complied with the requirements provided under Section 8 of this Act.
The BIR shall order the immediate recall, ban or seizure from public sale or distribution of Vaporized Nicotine and Non-Nicotine Products or Novel Tobacco Products not registered
with the BIR, including those sold online. This is without prejudice to the filing of the appropriate cases and collection of correct taxes and duties, including applicable fines and
penalties under Republic Act No. 8424, as amended, and Republic Act No. 10863, otherwise known as the “Customs Modernization and Tariff Act (CMTA).”
The DTI and the BIR, in consultation with relevant stakeholders, shall design, promulgate and utilize new and emerging innovative tools and technologies to ensure that only
registered Vaporized Nicotine and Non-Nicotine Products or Novel Tobacco Products are made available in the market.
If the guilty officer is a foreign national, the officer shall be deported after service of sentence and/or payment of applicable fines without need of further deportation proceedings and
shall be permanently barred from re-entering the Philippines.
Section 24. Implementing Rules and Regulations. — Within three (3) months from the date of effectivity of this Act, the DTI, in consultation with the FDA, shall issue the
implementing rules and regulations (IRR) for this Act. The non-issuance of the IRR shall not prevent the implementation of this Act upon its effectivity.