No smoking, suffocated Nene tells, Senate Update: Options

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No smoking, suffocated Nene tells colleagues
By Jose Rodel Clapano
The Philippine Star 01/11/2005

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Senate Minority Leader Aquilino "Nene" Pimentel Jr. asked his colleagues yesterday to stop smoking inside the Senate building and respect the anti-smoking law.

Pimentel, in an impassioned privileged speech, also asked the Senate health and demography committee chaired by Sen. Pia Cayetano to conduct an immediate investigation of what he called "rampant violations" by the Senate staff and some senators of the anti-smoking law.

He said he did not attend the all-senators caucus for deliberations on the lateral attrition bill last week because his fellow senators filled the session hall with cigarette smoke.

"If we cannot respect each other, we must respect the law," Pimentel said. "The anti-smoking law was approved by the Senate during the 12th Congress, but then, rampant violations of such law have been existing in the Senate since its approval. I was suffocated by the massive smoking of my fellow senators."

Pimentel, who voted against the approval of the lateral attrition bill, said second-hand smoke is unwillingly inhaled by non-smokers in various offices and departments in the Senate building.

"The Senate lounge, which is (ventilated with) centralized air-conditioning, should be strictly a non-smoking area," he said. "If senators will be seen smoking by the people, the Senate staff and other civilians coming in and (going) out of the Senate building will be encouraged to violate the anti-smoking law."

Pimentel said lawmakers should lead the people by example and respect the law –especially since they are responsible for making laws.

He said second-hand smoke puts non-smokers at risk of developing respiratory ailments like lung cancer when they would rather inhale clean, fresh air.

Reacting to Pimentel’s speech, Cayetano proposed that the Senate should designate a smoking room where smokers may go to smoke.

"A lot of people, including people from the media, have complained about the second-hand smoke that they inhale every day because of smokers in their offices," Cayetano said. "I think what we need is to designate a room where smokers can smoke."

Among the senator smokers are Lito Lapid, Rodolfo Biazon, Sergio Osmeña, Jinggoy Estrada and Ramon "Bong" Revilla Jr.

Lapid and Revilla heeded Pimentel’s impassioned plea and have promised to cut back on their smoking, as well as stop smoking within the Senate building.

Under Republic Act 9211, which was approved during the second regular session of the 12th Congress, "it is the policy of the State to protect the populace from hazardous products and promote the right to health and instill health consciousness among them." RA 9211 regulates the packaging, use, sale, distribution and advertisement of tobacco products.

Section 5 of RA 9211 "absolutely prohibits smoking" in centers of youth activity such as playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth hotels and recreational facilities for persons under 18 years old; elevators and stairwells; locations in which fire hazards are present, including gas stations and storage areas for flammable liquids, gas, explosives or combustible materials; within the buildings and premises of public and private hospitals, medical, dental and optical clinics, health centers, nursing homes, dispensaries and laboratories; public conveyances and public facilities, including airport and ship terminals and train and bus stations, restaurants and conference halls, except for smoking areas and food preparation areas."

First-time violators of RA 9211 will be fined not less than P500 and not more than P1,000. Second-time offenders will be fined between P1,000 and P5,000. Third-time offenders will be fined between P5,000 and P10,000 and the business permits and licenses of establishments where the third-time offender was caught will be canceled or revoked.

On the first offense, any business entity or establishment selling cigarettes or tobacco products to a minor will be fined at least P5,000 and the person caught selling the cigarettes or tobacco products to the minor faces imprisonment of not more than 30 days, upon the discretion of the court.

For succeeding offenses, both penalties will apply in addition to the revocation of business licenses or permits in the case of a business entity or establishments.

If the violation is by an establishment or business entity, the owner, president, manager or most senior officers of the establishment shall be held liable for the offense.