Section 3. Prohibited Acts, The following acts are declared unlawful and prohibited; (a) Smoking within enclosed public places conveyances, whether stationary or in motion, except in DSAs fully compliant with the requirements of Section 4 of his Order; (b) For persons-in-charge to allow, abet or tolerate smoking in places enumerated in the preceding paragraph, outside of DSAs fully compliant with Section 4 of this Order; (c) For any person to sell, distribute or purchase tobacco products to and from minors. It shall not be a defense for the person selling or distributing that he/she did not know or was not aware of the real age of the minor. Neither shall it be a defense that he/she did not know nor had any reason to believe that the cigarette or any other tobacco product was for the consumption of the minor to whom it was sold; (d) For a minor to smoke, sell or buy cigarettes or any tobacco products; (e) Ordering, instructing or compelling a minor to use, light up, buy, sell, distribute, deliver, advertise or promote tobacco products; (f) 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; (g) Placing, posting, displaying or distributing advertisement and promotional materials of tobacco products, such as but not limited to leaflets, posters, display structures and other materials within 100 meters from the perimeter of a school, public playground, and other facilities frequented particularly by minors, hostel and recreational facilities for minors, including those frequented by them, or in an establishment when such establishments or its location is prohibited from selling tobacco products. (h) Placing any form of tobacco advertisement outside of the premises of point-of-sale retail establishments; and (i) Placing any stall, booth, and other displays concerning tobacco promotions to areas outside the premises of point-of-sale locations or adult-only facilities. The order restricts and penalizes the act of smoking tobacco products in enclosed public places and
public conveyances, whether stationary or in motion, except in certain designated smoking areas. It requires that all public buildings or places that are accessible or open to the public regardless of ownership or right to access must be smoke-free inside and within from entrances and exits or where people pass or congregate, and from air intake ducts. This includes but is not limited to: In July 2019, the
Department of the Interior and Local Government (DILG) issued Memorandum Circular 2019-98 as part of its efforts to sustain implementation of Executive Order No. 26 and encourage local governments to comply with smoke-free policies.
Penalties The order imposes fines of up to () for violation of the smoking ban in public places as prescribed in section 32 of the Tobacco Regulation Act. Enforcement can be performed by members of the
Philippine National Police and the local task forces of each city and municipality.
Designated smoking areas Section 4 of the EO details the standards required for designated smoking areas (DSA) in public places: • DSAs shall have a combined area and buffer zone not larger than 20 percent of the total floor area of the building but not smaller than • DSAs shall have no opening that will allow air to escape to the smoke-free area of the building or conveyance • DSAs shall have a ventilation system independent of other ventilation systems servicing the rest of the building or conveyance • DSAs shall prominently display a "Smoking Area" signage, graphic health warnings, and prohibition on the entry of persons below 18 years old • There shall only be one DSA per building or conveyance The order also stipulates that no designated smoking areas shall be installed in all centers of youth activity such as playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels and recreational facilities for minors; elevators and stairwells; fire-hazard locations such as gas stations and storage areas for flammable liquids, gas, explosives or combustible materials; hospitals, health centers, medical, dental and optical clinics, nursing homes, dispensaries and laboratories; and food preparation areas. ==References==