Philippines

COMMENTS: The Omnibus Elections Code of the Philippines prohibits cigarettes from being used as election propaganda. See Section 85(c). The law available here is in English only.

COMMENTS: The Administrative Code provides for a general mandate of various agencies to include the safety of workers. The executive order promulgating the Code was issued on July 25, 1987. The Code became effective one year after publication in the Official Gazette. The law available here is in English only.

COMMENTS: The Consumer Act of the Philippines (Rep. Act No. 7394) includes a general prohibition against false, deceptive, and misleading advertising. The act was approved on April 13, 1992, effective 30 days after publication in the Official Gazette. The law available here is in English only.

COMMENTS: The Tax Reform Act of 1997 (Rep. Act No. 8424) requires all cigarettes and cigars subject to excise taxes to bear internal revenue stamps. See Section 8(A). Excise taxes on tobacco products are detailed in Chapter IV. The law also includes other provisions relevant to tobacco manufacturers and dealers. The law available here is in English only.

COMMENTS: Implementing Rules and Regulations of Republic Act No. 8792 (The Electronic Commerce Act) provides for restrictions on internet sales of tobacco products, among other things. The Implementing Rules and Regulations were signed on July 13, 2000, and became effective fifteen days after publication in a newspaper of general circulation.

COMMENTS: The Inter-Agency Committee-Tobacco's Implementing Rules and Regulations apply to Rep. Act No. 9211. As with that act, these implementing regulations cover a broad range of tobacco control issues, including, but not limited to, providing definitions, elaborating upon standards for designated smoking areas, and detailing restrictions on advertising. These regulations were promulgated on February 26, 2004, effective 15 days upon its publication. The regulations available here are in English only.

COMMENTS: Republic Act No. 9211, also known as the Tobacco Regulation Act of 2003, is an omnibus law covering a broad range of tobacco control issues. For example, Rep. Act No. 9211 places restrictions on advertising, prohibits smoking in many public places, and establishes requirements for warning labels. The act was approved on June 23, 2003, effective 15 days upon its publication. The law available here is in English only.

COMMENTS: The Inter-Agency Committee-Tobacco Memorandum Circular No. 1, s. of 2008 issues the monitoring and enforcement guidelines of the Republic Act No. 9211, also known as the Tobacco Regulation Act of 2003, and its implementing rules and regulations. The circular available here is in English only.

COMMENTS: The Civil Service Commission's Memorandum Circular No. 17 establishes a 100% smoke free policy in all areas of government premises, buildings, and grounds, except for open spaces designated as smoking areas. The memorandum available here is in English only.

COMMENTS: The Department of Transportation and Communications, Land Transportation and Regulatory Board's Memorandum Circular No. 2009-036 establishes a 100% smoke free policy in public utility vehicles and land transportation terminals. Public transport includes jeepneys, taxis, and buses. The memo also sets forth duties, responsibilities, and penalties for noncompliance. The memorandum available here is in English only.

COMMENTS: The Department Memorandum No. 2010-0126 is aimed at protecting the department and all attached agencies against tobacco industry interference. The memorandum available here is in English only.

COMMENTS: Administrative Order No. 2010-0013 requires graphic health information to be displayed on tobacco packaging and prohibits the use of misleading information that directly or indirectly create or are likely to create the false impression that a tobacco product or brand is less harmful than any other tobacco product or brand. However, before the Administrative Order took effect, tobacco companies filed various lawsuits in several cities to challenge the validity of the Administrative Order. As of December 2014, the Administrative Order has not been implemented.

COMMENTS: The Department of Science and Technology Memorandum recognizes that CSR activities are a form of tobacco advertising prohibited under Section 22 of RA 9211 and that the receipt of donations from, partnership with, or the creation of perception of such partnerships with the tobacco industry goes against the Philippines’ commitment to the WHO FCTC.

COMMENTS: The Department of Labor and Employment Memorandum adopts the Civil Service Issuances on Smoking Prohibition (Circular No. 17-2009) and the Protection of the Bureaucracy Against Tobacco Industry Interference (CSC-DOH Joint Memorandum Circular 2010-01).

COMMENTS: Joint Memorandum Circular No. 2010-01 prohibits various interactions between public employees/officials and the tobacco industry. Examples of prohibited activities include soliciting or accepting gifts and giving preferential treatment to the industry. The memorandum was signed in June of 2010, effective 15 days after publication in a newspaper of general circulation. The memorandum available here is in English only.

COMMENTS: Department of Health Circular No. 2011-0101 contains the Rules and Regulations Implementing Republic Act No. 9711- The Food and Drug Administration Act of 2009. The rules limit interactions between the FDA and the tobacco industry to only those strictly necessary to effectively regulate tobacco and tobacco products.

COMMENTS: The Department of Education Order No. 6, s. 2012 establishes the Guidelines on the Adoption and Implementation of Public Health Policies on Tobacco Control and Protection Against Tobacco Industry Interference. The order available here is in English only.

COMMENTS: Revenue Memorandum No. 16-2012, issued by the Bureau of Internal Revenue (Department of Finance) establishes a "No Smoking" Policy within the Bureau's public offices and establishes restrictions on interactions with the tobacco industry.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: The Department of Foreign Affairs memorandum, which applies to all foreign service posts, adopts the Protection of the Bureaucracy Against Tobacco Industry Interference (CSC-DOH Joint Memorandum Circular 2010-01).

COMMENTS: Administrative Order No. 2014-0008 on Rules and Regulations on Electronic Nicotine Delivery System (ENDS) or Electronic Cigarettes has been replaced by Department of Health Administrative Order No. 2020-0055.

COMMENTS: The Graphic Health Warnings Law, Republic Act No. 10643 requires graphic health warnings on 50% of each of the principal display areas of tobacco product packaging.

COMMENTS: Administrative Order No. 2014-0037 was issued by the Department of Health and establishes the templates of the 12 graphic health warnings to appear on tobacco product packaging and sets forth guidelines for their use. The templates in the annex have since been amended.

COMMENTS: Administrative Order No. 2014-0037-A was issued by the Department of Health contains an amended Annex A to Administrative Order No. 2014-0037. The annex contains the first set of graphic health warnings and side panel messages, which were required to appear on tobacco product packaging through March 3, 2018.

COMMENTS: The Implementing Rules and Regulations of Republic Act No. 10643 provide requirements for use in implementing the provisions of the Graphic Health Warnings Law, Republic Act No. 10643.

COMMENTS: Executive Order No. 26 of 2017 regulates designated smoking areas (DSAs), imposes duties on persons in charge of public places, prohibits advertising outside point of sale retail establishments, and addresses some other sales and advertising restrictions.

COMMENTS: Administrative Order No. 2014-0037-B was issued by the Department of Health and contains the second set of graphic health warnings and side panel messages required to appear on tobacco product packaging. It replaces the annex issued in Administrative Order No. 2014-0037-A. These warnings were required to appear from March 4, 2018 through March 3, 2020.

COMMENTS: Administrative Order No. 2019-0007 was effectively replaced by Department of Health Administrative Order No. 2020-0055 and Executive Order No. 106. We are providing it here for informational purposes only.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: Republic Act No. 11346 amends the National Internal Revenue Code. The law increases the excise tax on tobacco products and impose taxes on excise tax on heated tobacco products and e-cigarettes. In addition, the law requires health warnings and other packaging requirements on heated tobacco products and e-cigarettes. Those provisions entered into force for manufacturers on January 1, 2021, and non-compliant products were required to be off the market by July 1, 2021.

COMMENTS: Republic Act No. 11467 amends the National Internal Revenue Code, replacing some of the amendments made by Republic Act No. 11346. These amendments increase the excise on heated tobacco products and e-cigarettes and prohibits flavored e-cigarettes other than "plain tobacco" and "plain menthol."

Note: The uploaded file includes the veto message of President Rodrigo Roa Duterte.

COMMENTS: Administrative Order No. 2019-0009 was issued by the Department of Health and contains the third set of graphic health warnings and side panel messages required to appear on tobacco product packaging. It replaces the annex issued in Administrative Order No. 2014-0037-B. These warnings are to appear from March 4, 2020 through March 3, 2022.

COMMENTS: The provisions of Executive Order No. 106 have been repealed by subsequent instruments.

COMMENTS: Joint Memorandum Circular No. 003-2020 was issued by the Department of Finance, Department of Health, Department of Budget and Management, Bureau of Internal Revenue, and the Philippine Health Insurance Corporation. It contains the Implementing Rules and Regulations of Heated Tobacco Products and Vapor Products (e-cigarettes) under Republic Act Nos. 11346 and 11467. It regulates issues such as minimum sales age, health warnings, and responsibilities of government agencies.

Republic Act No. 11467 grants manufacturers, importers, distributors, and sellers of e-cigarettes 18 months from the effective date of the Implementing Rules and Regulations (IRR) to comply with the IRR's requirements. Thus, provisions such as mandated pictorial health warnings and flavor restrictions will enter into force in May 2022.

COMMENTS: Most provisions of Department of Health Administrative Order No. 2020-0055 have been repealed by subsequent instruments. The Food and Drug Administration (FDA) retains authority over e-cigarette refills and cartridges bearing product claims. Regulatory authority over other matters has been transferred to the Department of Trade and Industry.

COMMENTS: Administrative Order No. 2021-0030 was issued by the Department of Health and contains the fourth set of graphic health warnings and side panel messages required to appear on tobacco product packaging. These warnings are to appear from March 4, 2022 through March 3, 2024.

COMMENTS: Department of Health Administrative Order No. 2021-0054 contains the first set of pictorial health warnings required to appear on the packaging of e-cigarettes and heated tobacco products beginning in May 2022. Health warnings must be applied per the requirements of Republic Act No. 10643.

COMMENTS: Department of Health Administrative Order No. 2021-0051 was repealed by Administrative Order No. 2022-0046.

COMMENTS: The provisions of FDA Order No. 2022-1069 have been repealed by subsequent instruments. 

COMMENTS: The provisions of FDA Order No. 2022-1070 have been repealed by subsequent instruments.

COMMENTS: The provisions of FDA Order No. 2022-1068 have been repealed by subsequent instruments.

COMMENTS: The provisions of FDA Order No. 2022-1071 have been repealed by subsequent instruments.

COMMENTS: The provisions of FDA Order No. 2022-1072 have been repealed by subsequent instruments.

COMMENTS: Republic Act No. 11900 or the “Vaporized Nicotine and Non-Nicotine Products Regulation Act” regulates nearly all aspects of e-cigarettes, including health warnings; changing the minimum age from 21 to 18 years; allowing flavors and internet sales; and banning usage in specified public places.

COMMENTS: The Department of Trade and Industry Administrative Order No. 22-16 Implementing Rules and Regulations apply to Republic Act No. 1900. As with that Act, these implementing regulations cover nearly all aspects of e-cigarettes, including but not limited to, providing definitions; elaborating upon standards for designated vaping areas and health warnings; and detailing restrictions on advertising, promotion and sponsorship. These regulations were published on December 13, 2022, effective 15 days upon its publication. 

COMMENTS: The Department of Health Administrative Order No. 2022-0046, Guidelines on Graphic Health Warnings for Vaporized Nicotine and Non-Nicotine Products and Novel Tobacco Products provides the templates and guidelines for the implementation of graphic health warnings for e-cigarettes, heated tobacco products, and novel tobacco products pursuant to Republic Act No. 1900 and Republic Act No. 10643; and defines the roles and responsibilities of relevant government agencies.

COMMENTS: The Department of Health Administrative Order No. 2022-0047, First (1st) Set of Graphic Health Warning Templates for Vaporized Nicotine and Non-Nicotine Products and Novel Tobacco Products issues the first set of graphic health warning templates for e-cigarettes, heated tobacco products, and novel tobacco products pursuant to Republic Act No. 1900 and Republic Act No. 10643.