JEEPNEY DRIVERS SMOKING CIGARETTES

Dear PAO,

My son recently started commuting to school on his own. Part of his commute is a jeepney ride through the main road of our town. He told me that he noticed that a lot of the drivers of the jeepney he rode were smoking cigarettes while driving. This bothered me because my son has a respiratory illness which could be triggered by the inhalation of tobacco smoke. Because of this, I want to clarify if there are already laws prohibiting this and what do they say about jeepney drivers smoking while driving. God bless your Office. Thank you very much. Erin

Dear Erin,

For your information, smoking is generally prohibited in public places. The Office of the President of the Philippines expressly states this in its Executive Order No. 26 (EO 26) dated May 16, 2017 entitled “Providing for the Establishment of Smoke-Free Environment in Public and Enclosed Spaces.” This was issued in pursuit of the policy of the

State to guarantee the enjoyment of every citizen to breathe clean air, to promote the right to health of the people and to instill health consciousness, among others.

Section 3 of EO 26 enumerates the prohibited acts that are considered unlawful, which includes: “Smoking within enclosed public spaces and public conveyances, whether stationary or in motion…”. Smoking is defined under this Order as “being in possession or control of a lit tobacco product regardless whether the smoke is being actively inhaled or exhaled”. (Sec. 1(l)) While 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”. (Sec. 1 (j)) It is clear, based on these cited provisions, that smoking on jeepneys - a public conveyance, is an unlawful and prohibited act.

Furthermore, the Implementing Rules and Regulations of Republic Act No. 9211 (RA 9211), otherwise known as the “Tobacco Regulation Act of 2003,” expressly states that smoking in designated places where smoking is prohibited is considered as among the punishable acts. (Sec. 1.1 Rule I, Title V) This law likewise provides for the imposable penalties to whoever violates this smoking prohibition with a penalty ranging from Five

Hundred Pesos (P500.00) to Ten Thousand Pesos (P10,000.00) depending on the frequency of offense, and with revocation and cancellation of license to operate. (Sec. 2, Ibid)

The Land Transportation Franchising and Regulatory Board (LTFRB), which has jurisdiction over jeepney drivers and operators, also issued Memorandum Circular No. 2009-036, pursuant to RA No. 9211, stating that it is “requiring all holders of Certificate of Public Conveyance to observe the Smoking Prohibition in all Public Utility Vehicles and Public Land transportation Terminals as well as to prominently post No Smoking Signages in their authorized units and premises...”

Lastly, EO 26 mandates members of the Philippine National Police (PNP) and Smoke-Free Task Forces to carry out the provisions of the Order, including apprehension of violators and the institution of criminal proceedings for violation of this Order. (Sec. 9)

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.