Last updated: May 23, 2022
Penalties
Manufacturer
Public prosecutor – responsible for filing criminal complaint against the violators
(e.g., seizure of the product, publication of the violation/violator)
On the first offense, the court has discretion to impose a fine of not more than five hundred thousand pesos (P500,000.00).
On the second offense, the court has discretion to impose a fine of one million pesos (P 1,000,000.00).
On the third offense, the court has discretion to impose a fine of not more than two million pesos (P2,000,000.00), or imprisonment of not more than five (5) years, or both. In addition, the business permits and licenses, in the case of a business entity or establishment shall be revoked or canceled.
In the case of a business entity or establishment, the owner, president, manager, or officials thereof shall be liable.
If the guilty officer is an alien, he shall summarily be deported after serving his sentence and shall be forever barred from re-entering from the Philippines.
Each withdrawal or importation into the Philippine customs territory of noncompliant tobacco packages, regardless of size, for sale to the market, after the compliance date shall constitute one (1) offense. An additional penalty of one hundred thousand pesos (P100,000.00) per day shall be imposed for each day the violation continues after having received the order from the Department of Trade and Industry (DTI) notifying the company of the infraction.
The penalty provisions align with the FCTC Art. 11 Guidelines in that they provide for a range of penalties, for graded penalties, and for increased sanctions for repeat offenses.
Importer
Public prosecutor – responsible for filing criminal complaint against the violators
(e.g., seizure of the product, publication of the violation/violator)
On the first offense, the court has discretion to impose a fine of not more than five hundred thousand pesos (P500,000.00).
On the second offense, the court has discretion to impose a fine of one million pesos (P 1,000,000.00).
On the third offense, the court has discretion to impose a fine of not more than two million pesos (P2,000,000.00), or imprisonment of not more than five (5) years, or both. In addition, the business permits and licenses, in the case of a business entity or establishment shall be revoked or canceled.
In the case of a business entity or establishment, the owner, president, manager, or officials thereof shall be liable.
If the guilty officer is an alien, he shall summarily be deported after serving his sentence and shall be forever barred from re-entering from the Philippines.
Each withdrawal or importation into the Philippine customs territory of noncompliant tobacco packages, regardless of size, for sale to the market, after the compliance date shall constitute one (1) offense. An additional penalty of one hundred thousand pesos (P100,000.00) per day shall be imposed for each day the violation continues after having received the order from the Department of Trade and Industry (DTI) notifying the company of the infraction.
The penalty provisions align with the FCTC Art. 11 Guidelines in that they provide for a range of penalties, for graded penalties, and for increased sanctions for repeat offenses.
Wholesaler
Public prosecutor – responsible for filing criminal complaint against the violators
On the first offense, the court has discretion to impose a fine of not more than five hundred thousand pesos (P500,000.00).
On the second offense, the court has discretion to impose a fine of one million pesos (P 1,000,000.00).
On the third offense, the court has discretion to impose a fine of not more than two million pesos (P2,000,000.00), or imprisonment of not more than five (5) years, or both. In addition, the business permits and licenses, in the case of a business entity or establishment shall be revoked or canceled.
In the case of a business entity or establishment, the owner, president, manager, or officials thereof shall be liable.
If the guilty officer is an alien, he shall summarily be deported after serving his sentence and shall be forever barred from re-entering from the Philippines.
Each withdrawal or importation into the Philippine customs territory of noncompliant tobacco packages, regardless of size, for sale to the market, after the compliance date shall constitute one (1) offense. An additional penalty of one hundred thousand pesos (P100,000.00) per day shall be imposed for each day the violation continues after having received the order from the Department of Trade and Industry (DTI) notifying the company of the infraction.
The penalty provisions align with the FCTC Art. 11 Guidelines in that they provide for a range of penalties, for graded penalties, and for increased sanctions for repeat offenses.
Retailer
Public prosecutor – responsible for filing criminal complaint against the violators
On the first offense, the court has discretion to impose a fine of not more than ten thousand pesos (P10,000.00).
On the second offense, the court has discretion to impose a fine of not more than fifty thousand pesos (P 50,000.00).
On the third offense, the court has discretion to impose a fine of not more than hundred thousand pesos (P100,000.00), or imprisonment of no more than one (1) year, or both. In addition, the business permits and licenses, in the case of a business entity or establishment shall be revoked or canceled.
Each day that noncompliant tobacco packages are found in the retail establishments of the retailers after the compliance date shall constitute one (1) offense. An additional penalty of five thousand pesos (P5,000.00) per day shall be imposed for each day the violation continues after having received the order from the Department of Trade and Industry (DTI) notifying the retailers of the infraction.
The penalty provisions align with the FCTC Art. 11 Guidelines in that they provide for a range of penalties, for graded penalties, and for increased sanctions for repeat offenses.
