On World No Tobacco Day, Palace affirms need to improve anti-smoking campaign

Malacañang on Sunday acknowledged the need to intensify efforts to raise awareness on the ill effects of smoking after the Supreme Court upheld a decision by the Court of Appeals nullifying the Department of Health’s authority to ban tobacco advertisements.

On the commemoration of the World No Tobacco Day Sunday, Communications Secretary Herminio Coloma Jr. said it is necessary for the government to find ways to heighten public awareness on smoking’s adverse effects in light of the Supreme Court’s recent decision regarding the DOH resolution.

“Sa amin pong pananaw ay sa kabila nito [Supreme Court decision], kinakailangan patuloy pa ring pag-aralan kung paano maitataguyod ‘yung kampanyang pangkalusugan laban doon sa mga hindi mabuting epekto ng paggamit ng tobacco products,” Coloma said.

In an 11-page decision penned by Associate Justice Estela Perlas-Bernabe, the SC’s First Division affirmed an August 2011 ruling by the Court of Appeals that granted a plea from two giant tobacco firms—Philip Morris Philippines Manufacturing, Inc., (PMPMI) and intervenor Fortune Tobacco Corporation—against the DOH.

The firms were contesting a DOH resolution that prohibited the tobacco industry from conducting promotional activities in accordance with Republic Act 9211 or the Tobacco Regulation Act of 2003.

The DOH has insisted that its authority to rule upon applications for sales promotion permits emanates from Article 116 in relation to Article 109 of Republic Act 7394 or the Consumer Act of the Philippines.

The said provision states: "No person shall conduct any sales campaigns, including beauty contest, national in character, sponsored and promoted by manufacturing enterprises without first securing a permit from the concerned department at least thirty (30) calendar days prior to the commencement thereof…”

However, the SC said RA 7394 has "impliedly repealed the relevant provisions of the former with respect to the authority of the DOH to regulate tobacco sales promotions.”

It added that under RA 7394, it is the Inter-Agency Committee-Tobacco that has exclusive power and function to administer and implement provisions of RA 9211 and not the DOH.

"As adverted to elsewhere, the IAC-Tobacco shall have the exclusive power and function to administer and implement the provisions of RA 9211, which includes the conduct of regulating promotion,” the SC said.

Citing estimates from the World Health Organization, Coloma said more than 8 million individuals could die as a result of smoking by 2030.

In a statement, WHO called on all countries to cooperate with one another to end the illicit trade of tobacco products and highlight the ill effects of smoking to the public. — Xianne Arcangel/BM, GMA News