Duterte may act on national smoking ban this week – DOH

President Rodrigo Duterte may act on the Department of Health's (DOH) executive order banning smoking in public areas within the week, Health Secretary Paulyn Jean Rosell Ubial said on Thursday.

"Medyo naging busy siya, but I tried to follow-up last Monday," Ubial said at DOH headquarters. "We're positive it will come out any time soon, within the week. I will follow-up mamaya."

Duterte last week asked for "enough time to study" the proposal in order to measure "the resistance" by the public to the EO based on Davao City's Anti-Smoking Ordinance amidst reports that he was ready to sign the ban.

Ubial said the order is "still with the Office of the President and undergoing final revisions" to comply with the Republic Act No. 9211 or the Tobacco Regulation Act of 2003.

"Ang sinabi kasi namin, the instructions of the president was to conform it with the Davao ordinance," she explained. "We complied with that and I think the legal team of the president was saying that baka magkaroon ng problema because that is not in conformity with 9211."

Presidential Spokesperson Ernesto Abella said part four of the executive order, which allows smoking indoors for public establishments, will be revised to ban smoking indoors to follow the Davao model.

However, Chief Presidential Legal Counsel Secretary Salvador Panelo pointed out that this and other provisions of the executive order may not be legally feasible due to RA 9211.

Section 6 of RA 9211 allows for designated smoking areas "in all enclosed places that are open to the general public, private workplaces and other places" not defined as a public place.

"Ang gusto lang natin mangyari dito sa ating executive order, yung mga non-smokers hindi ma-expose. That is why the ordinance is about 100 percent smoke-free public places and public conveyances," Ubial said.

"Basta public space. May designated smoking area na lang. You cannot smoke everywhere."

Ubial added that punishments will vary per area as the executive order does not have a section on penalties for violations.

"Walang nakalagay sa executive order na penalties because the penalty will be described in the local ordinances. So iba-iba rin po yung penalty depende sa ordinance ng local government," Ubial explained.

The executive order was submitted to the Office of the President on March 7, a day after a cabinet meeting was held on March 6.

Ubial has high hopes that the executive order will be passed soon due to the support from the cabinet and the president himself.

"We're hoping. Everybody in the cabinet is very supportive of this executive order. And of course the president is very passionate about this coming to fruition in the immediate future," she said.

The executive order will be fully implemented 15 days after its implementing rules and regulations are published within the order's approval. — BM, GMA News@gmanews.tv>