March _____, 2019
TO: Barangay Chairman Ronaldo Reyes
Del Remedio, San Pablo City, Laguna
CC: Mayor Loreto “Amben” Amante
San Pablo City, Laguna
SUBJECT: NATIONWIDE SMOKING BAN – E.O. 26
Dear Barangay Chairman Ronaldo Reyes,
I am Pol Niño E. Laset, 26 y/o, a kidney transplant recipient and a resident of Brgy. Del Remedio,
San Pablo City, Laguna. I’m writing this letter to you in hope that your kind government office will heed
our desire to enforce a stricter smoking ban in our beautiful city.
My 70+ year-old grandmother now has asthma.
My kidney operation costed us around PHP600,000 for the operation and my monthly expenditures for
maintenance, check-ups, specifically prepared food, laboratory fees, and etc. is PHP60,000. The doctors
highly advised that I should live in a healthy environment – free from pollution. Even before my ailment,
my family has been trying different methods to dissuade and to prohibit smoking in front of our house.
We’ve been courteously telling the smokers to stop smoking in front of our house, we’ve tried to spray
them with water, and we’ve posted anonymous pictures of smokers as a reminder that smoking is not
allowed.
However, one family can only do so much!
Executive Order 26, which was signed by President Rodrigo Duterte, aims to establish a healthier
environment for Filipinos by prohibiting smoking in public spaces, establishing designated smoking areas,
and imposing tighter means for smokers to purchase cigarettes.
DILG Memorandum Circular No. 2017-90 Section 5.1 and 5.7 states that ALL LOCAL CHIEF EXECUTIVES
shall exercise appropriate and necessary powers for the efficient and effective implementation of E.O. No.
26 towards the promotion of health, safety, and general welfare of the people; and to organize a local
SMOKE-FREE TASK FORCE that will carry out the provisions of the E.O No. 26.
E.O 26 Section 3.f specifically states that selling or distributing tobacco products in a school, public
playground, youth hostels, and recreational facilities for minors, including those frequented by minors, or
within 100 meters from any point of the perimeter of these places is prohibited. Our house is directly in
front of the perimeter of Laguna State Polytechnic University – San Pablo City Campus and within the
100 meters from the perimeter of Del Remedio Elementary School, but I have seen many businesses sell
tobacco products and many people, including students, smoke in public spaces. Clearly, many businessowners have been violating the E.O. (I attached a map with measured distance from our house to both
schools.
Also, indicated on E.O No. 26 Section 1.f that “public spaces” includes outdoor spaces where facilities are
available for the public or where a crowd of people would gather such as walkways/sidewalks. Hence, E.O
No. 26 Section 3.a prohibits smoking in the mentioned public spaces. However, there are still a lot of
people, including students, who violate the rule. That is also stated in a LAW FIRM’S WEBSITE
(https://ndvlaw.com/the-philippines-nationwide-smoking-ban-under-executive-order-no-26-separatingfact-from-fiction)
Included in the definition of a public place are schools, offices, workplaces, government
facilities, establishments that provide food and drinks, accommodation,
merchandise, professional services, entertainment or other services, and outdoor
spaces, such as playgrounds, sports grounds, centers, church grounds,
health/hospital compounds, transportation terminals, markets, parks, resorts,
walkways, sidewalks, entrance ways, waiting areas, and the like, are covered in the
prohibition.
The good thing is that this E.O (through the Implementing Rules and Regulations for Republic Act No. 9211
(Tobacco Regulation Act of 2003)) allows the government to hold all those accountable. Violators of Title
VI Section 2.1.1 should pay a fine of:



500 – 1000 for the FIRST OFFENSE
1000 – 5000 for the SECOND OFFENSE
5000 – 10000 for the THIRD OFFENSE
The local government would then benefit from enforcing the law.
We will have a cleaner and greener City aside from the funds that would be
collected from the violators.
I have attached copies of E.O 26, the Implementing Rules and Regulations for Republic Act No. 9211
(Tobacco Regulation Act of 2003), the DILG Memorandum Circular No. 2017-90, as well as my medical
abstract indicating that I had kidney transplant.
I sincerely hope that the local government will heed my cause and implement E.O No. 26.
Signed,