Smoking Ban
UNIVERSITY OF THE PHILIPPINES
Quezon City
OFFICE OF THE PRESIDENT
September 5, 2007
ADMINISTRATIVE ORDER NO. PERR-07-70
Subject: Strict Enforcement of the Smoking Ban as well as Prohibiting the Sale and Advertising of Tobacco within the University of the Philippines System
GENERAL STATEMENT
1. Declaration of Policy
1.1. The Constitution of the Republic of the Philippines declares that it is the obligation of the State, and all government instrumentalities such as state universities, to “protect and promote the right to health of the people and to instill health consciousness among them.” (Consti., article II section 15)
1.2. The Republic of the Philippines is also a State Party to the WHO Framework Convention on Tobacco Control.
1.3. Republic Act No. 9211 or the Tobacco Regulation Act of 2003 provides for express provisions prohibiting smoking, sale and advertising of tobacco within school premises.
1.4. The Constitution, treaty and statute aim to protect present and future generations from the devastating health, social, environmental and economic consequences of tobacco consumption and exposure to tobacco smoke. All these norms also recognize the pernicious effect of tobacco sales and advertising on the youth.
1.5. The treaty especially recognizes “that scientific evidence has unequivocally established that tobacco consumption and exposure to tobacco smoke cause death, disease and disability, and that there is a time lag between the exposure to smoking and the other uses of tobacco products and the onset of tobacco-related diseases”.
1.6. To effectively discharge its duties to its constituents and especially to enhance the health of the university community, it is essential that the university fully implement these legal obligations.
SMOKING BAN
2. Enforcement of Smoking Ban in all campuses and buildings
2.1. All Chancellors shall immediately impose and maintain a “no smoking policy: to be implemented as follows:
2.1.1. The entire area in the following campuses shall be smoke free: (a) the campus of UP Baguio; (b) the campus of UP Diliman Extension Programs; (c) the campus of UP manila including the PGH compound; (d) the campus of UP Manila School of Health Sciences in Palo, Leyte; (e) the campus of UP Visayas Cebu College; (f) the campus of UP Open University; and (g) the campus of UP Visayas Tacloban. Any smoking shall always be outside the campus.
2.1.2. Chancellors of large campuses shall submit a viable smoking cessation plan that will implement a no smoking policy within the entire campus within three (3) years. For this purpose, only the campuses of UP Diliman in Quezon City, UP Los Baños, UP Visayas in Miagao, Iloilo and UP Mindanao in Mintal, Davao City are considered as large campuses for purposes of this administrative order. However, in these campuses all building shall be smoke free.
2.1.3. The preceding paragraph notwithstanding, all academic core zones, the Philippine General Hospital, all infirmaries, all business concessions and all building housing any office or classroom of the University of the Philippines shall immediately be smoke free.
2.2. Deans, director and all heads of offices including all administrative units shall ensure that the area within their jurisdiction implement a smoking ban and shall remain smoke free. This shall include all areas inside buildings, entrances and exits of buildings, covered areas, parking lots, patios and gardens.
2.3. Business concessions of whatever nature and for any purpose, student tambayans, faculty rooms and all offices shall be covered by this administrative order. All deans and department chairpersons shall be held accountable for the implementation of this provision.
2.4. The officials of the various constituent universities may implement a smoking ban within residential areas.
2.5. Smoking shall absolutely be prohibited in all public conveyances passing through any area in any campus. A public conveyance may be denied entry into any campus should it be shown that it has allowed or tolerated smoking where students, faculty or administrative personnel of the University of the Philippines are present. For this purpose, all faculty administrators as well as security personnel engaged by the University shall be responsible for the implementation of this provision.
2.6. Smoking, for the purposes of this administrative order, shall refer to the act of carrying a lighted cigarette whether or not it is being inhaled or smoked (Rep Act. no. 9211, section 4 (p))
2.7. Smoking area shall be designated only when allowed by these rules.
2.7.1. Any designated smoking area shall be located outside a building and outside academic core zones. The smoking area shall not be located in entrances, exits or close to any place when non smokers pass. No area accessible to the public shall be designated as a smoking area. This includes waiting sheds, sidewalks, parking spaces, parks, and other similar places.
2.7.2. Smoking areas shall not have an area larger than 10 square meters. No building shall have more than one smoking area.
2.7.3. No area shall be located or designed in such a manner as to provide a privileged space for meeting among smokers. Provisions for sitting and conversing shall not be provided in smoking areas.
2.7.4. In any place where food or drinks are served, no area may be separately designated as a “no smoking area”.
2.7.5. Every smoking area shall have signages which contain the following information:
2.7.5.1. The area is a smoking area;
2.7.5.2. The effect of smoking on the smoker;s health;
2.7.5.3. The effect of passive smoking on others;
2.7.5.4. The effect of smoking on children and pregnant women;
2.7.5.5. The effect of smoking on governance.
2.7.6. As far as practicable, all signages containing information on the dangers of smoking shall be as graphic as possible.
ABSOLUTE SALES AND ADVERTISING BAN
3. No tobacco product shall be sold nor advertised within any area in any campus.
3.1. All persons granted a business concession inside a campus within their jurisdiction shall execute an undertaking that the will not sell nor advertise any tobacco product.
3.2. No activity of any nature sponsored by or advertising a tobacco product may use space within any campus.
3.3. All campuses shall enforce a smoking, sales and advertising ban within 100 meters of their outer perimeter.
NOTICES AND INFORMATION DISSEMINATION
4. All campuses shall put up notices and conduct continuing information dissemination programs.
4.1. “No Smoking/Smoke Ban Enforced Here” signs with appropriate warnings shall be posted throughout the University property particularly at entrances and other appropriate location on all buildings, administrative spaces, athletic fields, commercial areas, and community centers.
4.2. Student, faculty and personnel handbooks shall contain information about this regulation.
4.3. University personnel (especially guidance counselors and faculty advisers), faculty and students may participate in workshops, on official time, to discuss the health, economic, social and political effects of smoking. Workshops may also include information on options for smoking cessation.
4.4. Student organizations shall be encouraged to conduct activities that increase awareness of the purposes and contents of this administrative order.
4.5. Announcements regarding the smoking ban shall be made before all events and university functions. Any student activity should include reminders of the smoking ban in all their posters, internet postings, brochures or notices.
4.6. Any information dissemination programs on this policy should include options in smoking cessation for smokers.
SMOKING CESSATION SERVICES
5. Smoking cessation facilities shall be established in all existing medical facilities and infirmaries. The Vice President for Administration shall promulgate guidelines for the minimum standards for smoking cessation programs. Facilities should at least include options for counseling and medical interventions.
DISTRIBUTION OF THIS ADMINISTRATIVE ORDER
6. Copies of this Administrative Order shall be widely disseminated to all heads of units, student organizations and union chapters. The UP Newsletter shall publish a summary of the contents of this regulation
SUBMISSION OF ACTION PLANS
7. All Chancellors shall submit their plans of action for the full implementation of this administrative order within three months from their receipt of this regulation.
8. All subsequent renegotiation of Collective Negotiation Agreements shall contain provisions on the implementation of this administrative order. It shall detail how unions can assist ensure the optimum health welfare of all personnel.
SANCTIONS
9. Disciplinary measures shall be taken against students, faculty, and staff who violate any provision of this administrative order. Heads of units who fail to implement this administrative order may be charged with grave misconduct. Any student, faculty or staff other than the head of unit who refuse to implement or violate any of these provisions shall be charged with simple misconduct for the first offense and grave misconduct for subsequent offenses.
FINAL PROVISIONS
10. Each constituent university, college or any other unit of the university may promulgate stricter guidelines to achieve the purposes of this regulation. The Implementing Rules and Regulations of Rep. Act. No. 9211 and other relevant laws may be used as aids to interpret provisions of these guidelines.
11. All orders, issuances, rules and regulations inconsistent with the provisions of this Administrative Order are hereby repealed or modified accordingly. An administrative issuance which provides for stricter implementation shall not be considered inconsistent with this regulation.
12. This Administrative Order takes effect immediately. Chancellors shall provide an annual report to the President of the University. the reports should detail the problems encountered, the solutions implemented by the various campuses and recommendations to improve this policy.
DR. EMERLINDA R. ROMAN
President