Pinoys puff away on first day of anti-smoking EO’s implementation

Even before reaching its first 24-hour mark, the national ban on smoking in certain areas has already collected its share of violators.

Executive Order No. 26, "Providing for the Establishment of Smoke-free Environments in Public and Enclosed Places," took effect on Sunday, July 23,

According to Athena Imperial's report for GMA news program "24 Oras: Weekend," many of the violators reasoned that they were under-informed about the ban.

A group of friends claimed on the report that they were not aware of the ordinance at all, whereas a man told GMA News he simply wanted some clarifications on where he was allowed to smoke.

“Kung maaari sana, kumbaga, yung smoking area nila, halimbawa isang building, lagyan nila ng apat, o lima para yung kailangan manigarilyo, maninigarilyo," he suggested.

Meanwhile, some couldn't simply just kick the habit.

A man who said he has tuberculosis was caught puffing a cigarette with youngsters nearby on the roadside.

“Eh binabalak ko sanang itigil pero di ko kayang itigil," the bystander told Imperial.

According to the EO, there are corresponding fines and penalties for each violation:

• 1st Offense: P500–P1,000
• 2nd Offense: P1,000–P5,000
• 3rd Offense: P5,000–P10,000 (cancellation of licenses or business permits)

Meanwhile, Department of Health (DOH) spokesperson Dr. Eric Tayag said it was no surprise that there would be violators on the first day.

Tayag and other Health department personnel were in the middle of conducting their information drive to raise awareness on the new law's provisions.

"Yung mga hagdan at elevator, bawal, yung mga places na mako-consider nating fire hazard, gasoline station, atsaka 'yong mga food preparation area,” Tayag clarified, listing some of the areas where smoking was prohibited.

The law states that a mall can establish its own smoking areas provided they are separate from public spaces and have their own ventilation.

At event centers like basketball areas, smoking areas should be at least 10 feet away from the exits.

The EO also prohibits smoking on public utility vehicles.

Motorists in private vehicles are not excused as the law also prohibits smoking in vehicles within public areas.

The DOH said it kept its hotline open for any reports regarding violations: (02) 711 - 1002.

Section 3 of the EO lists acts that are considered unlawful and prohibited:

• Smoking within enclosed public places and public conveyances, whether stationary or in motion, except in designated smoking areas (DSAs)
• Allowing, abetting, or tolerating smoking in prohibited areas
• Smoking, selling, or buying tobacco products by minors
• Selling, distributing, or purchasing tobacco products while using the defense that one didn't know the real age of a minor or didn't know nor had any reason to believe that the product would be consumed by a minor
• Ordering, instructing, or compelling a minor to use, light up, buy, sell, distribute, deliver, advertise, or promote tobacco products
• 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
• 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 10 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 its location is prohibited from selling tobacco products
• Placing any form of tobacco advertisement outside of the premises of point-of-sale retail establishments
• Placing any stall, booth, and other displays concerning tobacco promotions to areas outside the premises of point-of-sale locations or adult-only facilities

— Margaret Claire Layug/BM, GMA News