Question & AnswerQ&A (EXECUTIVE ORDER NO. 26)
The primary purpose of Executive Order No. 26 is to establish smoke-free environments in public and enclosed places to protect public health and promote clean air, in line with the 1987 Constitution and international commitments under the WHO Framework Convention on Tobacco Control.
A Designated Smoking Area (DSA) is an area of a building or conveyance where smoking may be allowed, which may be in an open space or a separate area with proper ventilation, subject to specific standards set by the Order.
The 'person-in-charge' includes the president/manager in a company or corporation, owner/proprietor/operator of a single proprietorship, administrator in government or private facilities, and school officials such as city/municipal schools superintendent, school president, dean, or principal.
Prohibited acts include smoking in enclosed public places and conveyances outside DSAs, allowing or tolerating smoking in those places, selling tobacco to minors, minors using or selling tobacco, ordering minors to use or promote tobacco products, selling tobacco near schools and playgrounds, and placing tobacco advertisements outside allowed premises.
A DSA must have no air openings allowing smoke to escape except a single door with automatic closer opening to a buffer zone, be located at least 10 meters from entrances or air ducts, not exceed 20% of the total floor area or be less than 10 square meters, have independent ventilation, prohibit minors, display specific signage, and comply with other standards prescribed by the Inter-Agency Committee-Tobacco.
Yes, DSAs are prohibited in centers of youth activity like schools and youth hostels, elevators and stairwells, fire hazard locations like gas stations, medical and health facilities, and food preparation areas.
Persons-in-charge must prominently post 'No Smoking' signs in public areas where smoking is prohibited, display appropriate signage in DSAs, post warnings about tobacco sales to minors in certain places, and provide signage in local dialects or English.
Violations are punishable according to Section 32 of RA No. 9211 and other applicable laws, including fines and potential criminal proceedings.
LGUs are encouraged to develop and implement Local Smoking Cessation Programs, form local Smoke-Free Task Forces to enforce the Order, and coordinate smoking cessation efforts with the Department of Health.
A minor is any person under 18 years old. Minors are prohibited from smoking, buying, or selling tobacco products, and it is unlawful to order minors to use, buy, sell, distribute, or promote tobacco products.