Last updated: May 23, 2022
Key Terms
Second Hand Smoke (or similar term)
The law does not contain a definition of "second hand smoke." However, a definition is not necessary for interpretation of the law as the law prohibits "smoking within enclosed places and public conveyances" rather than prohibiting exposure to second hand smoke.
The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)
Smoking or Smoke
"Smoking" means being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled.
The definition of "smoking" contained in E.O. No. 26 aligns with the definition provided in the FCTC Art. 8 Guidelines.
Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)
Public Place
"Public places" means all places, fixed or mobile, that are accessible or open to the public or places for collective use, regardless of ownership or right to access, including but not limited to, schools, workplaces, government facilities, establishments that provide food and drinks, accommodation, merchandise, professional services, entertainment or other services. It also includes outdoor spaces where facilities are available for the public or where a crowd of people would gather, such as, but not limited to, playgrounds, sports grounds or centers, church grounds, health/hospital compounds, transportation terminals, markets, parks, resorts, walkways/sidewalks, entrance ways, waiting areas, and the like.
The definition of "public places" contained in E.O. No. 26 aligns with the definition of “public place” provided in the FCTC Art. 8 Guidelines because it includes all places open to the public regardless of ownership or right of access.
An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)
Workplace
"Workplace" means any place used by people during their employment or work, whether done for compensation or voluntarily, including all attached or associated places commonly used by the workers in the course of their work (for example, corridors, elevators, stairwells, toilets, lobbies, lounges). Vehicles used in the course of work are considered workplaces, such as, but not limited to taxis, ambulances and delivery vehicles.
The definition of "workplace" contained in E.O. No. 26 aligns with the definition contained in the FCTC Art. 8 Guidelines.
An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)
Public Transport
"Public conveyances" refers to modes of transportation servicing the general population, such as, but not limited to, elevators, airplanes, ships, jeepneys, buses, taxicabs, trains, light rail transits, tricycles and other similar vehicles.
The definition of "public conveyances" contained in E.O. No. 26 aligns with the definition of "public transport" contained in the FCTC Art. 8 Guidelines.
Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)
Indoor or Enclosed
"Enclosed" means being covered by a roof or other structure serving the purpose of a roof, and having one or more walls or sides, wherein the openings on the walls or sides have an aggregate area that is less than half of the total wall space, regardless of the type of material used for the roof, wall or sides, and regardless of whether the structure is permanent or temporary. Doors and windows that can be opened and shut shall not be considered as openings under this paragraph. The enclosed character of a building or conveyance shall attach to all its areas, including its open spaces.
The definition of "enclosed" contained in E.O. No. 26 does not align with the definition provided in the FCTC Art. 8 Guidelines. The E.O. definition determines a place is enclosed if it is covered by a roof and less than half the potential wall space is open. The FCTC Art. 8 Guidelines definition is much more restrictive, determining a place as enclosed if it has a roof or one wall. As a result fewer places would be considered "enclosed" under the E.O. than under the Art. 8 Guidelines.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should define "enclosed" in accordance with the definition contained in the FCTC Art. 8 Guidelines.
Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)
Tobacco Product
"Tobacco products" means products entirely or partly made of tobacco leaf as raw material which are manufactured to be used for smoking, sucking, chewing or snuffing, such as but not limited to cigarette, cigar, pipe, shisha/hookah and chew tobacco.
The definition of "tobacco products" contained in E.O. No. 26 aligns with the definition contained in FCTC Art. 1(f).
Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))
