AS school opening draws near, an organization of cancer survivors and former smokers urged education authorities to make sure that no tobacco products are sold near institutions of learning.
New Vois Association of the Philippines (Nvap) President and Global Cancer Ambassador Emer Rojas said Republic Act (RA) 9211, or the Tobacco Control Regulation Act, prohibits selling cigarettes within 100 meters from schools and in areas frequented by minors.
The law, enacted in 2003, also prohibits the following: selling tobacco products to minors anywhere in the country, including in centers of youth activity, buying cigarettes from minors and bans smoking among minors.
Rojas said that, while the law provides penalties for violations specifically against establishment selling tobacco to minors, this is loosely implemented allowing many students access to cigarettes.
“With the incoming Duterte administration, we, at Nvap, are confident that this provision of RA 9211 would be fully implemented. President-elect Rodrigo R. Duterte had shown strong political will in Davao when he made the city smoke-free and there is no doubt that he can do the same for the whole country,” Rojas said.
He noted that, while any person or establishment found guilty of selling or distributing tobacco products to minors could be slapped by a fine of less than P5,000 or an imprisonment of not less than 30 days for the owner, this too, is loosely implemented.
On the other hand, Article 189 of Presidential Decree 603 would be applied if a minor was caught selling, buying, or smoking tobacco. The decree, known as The Child and Youth Welfare Code, provides that youth offenders “shall be exempt from criminal liability and shall be committed to the care of his or her father or mother, or nearest relative or family friend in the discretion of the court and subject to its supervision.”
“Despite the law’s existence for 13 long years, it’s very evident that it was not implemented, given the high incidence of youth smoking in our country. Youth smokers are everywhere, they did not need to hide in secret places as if evading the watchful eye of authorities,” Rojas said.
According to the Global Youth Tobacco Survey, more than one in four Filipino youth aged 13 to 15 is a smoker. Among those in this age group who smoke, 17.5 percent are girls.
This does not include those of this age group who are exposed to secondhand smoke either at home or in public places.
Rojas, a laryngeal cancer survivor who blamed smoking for his ailment, started smoking as a student like many other smokers.