NOW it can be told. After the successful implementation of the smoking ban in public places in Davao City, President Rodrigo Duterte signed the executive order banning smoking in all public places and prohibiting cigarette consumption by minors via Executive Order (EO) 26.
According to the said EO, which was signed on May 16, this year, smoking is already not allowed in “enclosed” public places and public utility vehicles regardless if they are moving or stationary and is allowed only in designated smoking areas. It was mentioned that individuals who allow or tolerate smoking in these places will be held responsible.
Also included in the above mentioned EO is the prohibition in the selling, distribution, and purchasing of tobacco products from minors and as a result, individuals caught selling or distributing cigarettes to minors cannot use not knowing the real age of the minor as a defense. In the same manner, minors will also be prohibited from smoking, selling, and buying cigarettes and other tobacco products.
Another salient provision that involves minor is that ordering, instructing, or compelling of a minor to use, light up, buy, sell, distribute, deliver, and promote tobacco products will also be prohibited. In the same manner, the seller of the cigarette could also not claim that he did not know that the cigarette product was for the consumption of the minor to defend himself.
Furthermore, the selling or distribution of tobacco products in a school, public playground, youth hostels, and recreational facilities for minors or within 100 meters from any point of the perimeter of these places is also not allowed. It can be recalled that selling cigarettes to minors and selling them near a school have actually been illegal since 2003 under the Tobacco Regulation Act. Likewise, smoking indoors is already prohibited by the Philippine Clean Air Act of 1999.
Also the placement of any form of tobacco advertisement outside of the premises of the point-of-sale retail establishments is also banned, as well as the placement of any stall, booth, and other displays concerning tobacco promotions to areas outside the premises of point-of-sale locations or adult-only facilities.
Since the order is not a total ban, it also enumerated the requirements needed for designated smoking areas for smokers as well as those that cannot be used as such which specifies among others that other standards and specification to better ensure a smoke-free environment as may be prescribed by the Inter-Agency Committee-Tobacco under Republic Act 9211 provided that such standards and specifications are consistent with the order and that persons-in-charge are given 60 days to comply.
The EO, on the other hand prohibits the following to be used as DSAs: Centers of youth activity such as schools, youth hostels and recreational facilities for minors elevators and stairwells, fire-hazard locations such as gas stations and storage areas for flammable liquids, gas, explosives or combustible materials, buildings and premises of hospitals, medical, dental and optical clinics, health centers, nursing homes, dispensaries, and laboratories and food preparation areas.
This Corner hopes that the citizens and the law enforcers will take this EO seriously in order to abate future hazards of smoking especially among children and women and also the passive non-smokers.
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Director’s Cut: (This portion features the thoughts of Atty. Alberto Escobarte, Ceso IV, Regional Director, DepEd-Davao to all stakeholders and recipients of the efforts to improve the basic education). "Let me assure you that in the performance of my official duties and even my private acts will be guided and guarded by my Oath of Office, The Panunumpa ng Kawani ng Gobyerno, the Philippine Constitution and all the laws that govern our actions."
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You can access DepEd Updates, latest issuances, photos and other relevant information through our website: http://www.deped.gov.ph and our Facebook Page: http://www.facebook.com/deped.regionxi. For comments, suggestions and/or contributions, send your email to region11@deped.gov.ph. For queries, complains and other concerns for the different schools divisions email them to davao.city@deped.gov.ph, davao.delsur@deped.gov.ph, davao.delnorte@deped.gov.ph, tagum.city@deped.gov.ph, panabo.city@deped.gov.ph, igacos@deped.gov.ph, davao.oriental@deped.gov.ph, digos.city@deped.gov.ph, mati.city@deped.gov.ph and compostela.valley@deped.gov.ph.