Executive Order No. 26 | |
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Providing for the Establishment of Smoke-Free Environments in Public and Enclosed Places | |
Citation | Executive Order No. 26, s. 2017 |
Territorial extent | Philippines |
Date signed | May 16, 2017 |
Signed by | Rodrigo Duterte |
Date commenced | July 23, 2017 |
Keywords | |
smoking ban, tobacco control, health | |
Status: In force |
Philippine Executive Order 26, entitled Providing for the Establishment of Smoke-Free Environments in Public and Enclosed Places, was issued by Philippine President Rodrigo Duterte on 16 May 2017. This executive order invoked the Clean Air Act of 1999 and the Tobacco Regulation Act of 2003 to impose a nationwide ban on smoking in all public places in the Philippines. The ban replicates on a national level an existing ordinance in Davao City that Duterte created as mayor in 2002. The order took effect on 23 July 2017, 60 days after its publication in a newspaper.
The order restricts and penalizes the act of smoking tobacco products in enclosed public places and public conveyances, whether stationary or in motion, except in certain designated smoking areas. It requires that all public buildings or places that are accessible or open to the public regardless of ownership or right to access must be smoke-free inside and within 10 meters (33 ft) from entrances and exits or where people pass or congregate, and from air intake ducts. This includes but is not limited to:
Public conveyances include buses and jeepneys, taxicabs, tricycles and other public utility vehicles, rail transit, airplanes and ships. The order also prohibits smoking in all outdoor spaces where people gather such as parks, playgrounds, sidewalks, waiting areas, open-air markets and resorts.
The order also covers existing bans on the sale, distribution and purchase of tobacco products to and from minors, or persons below 18 years old, as well as the restrictions on cigarette advertisements and promotions under the Tobacco Regulation Act. It also instructs all local government units to form a "Smoke Free Task Force" to help enforce its provisions.
The order imposes fines of up to ₱10,000 (US$200) for violation of the smoking ban in public places as prescribed in section 32 of the Tobacco Regulation Act. Enforcement can be performed by members of the Philippine National Police and the local task forces of each city and municipality.