NL solons hit DOH chief on tobacco ads

By Myds Supnad

CANDON CITY, Ilocos Sur- Lawmakers from tobacco growing provinces in Northern Luzon criticized Wednesday Health Secretary Esperanza Cabral for issuing an administrative order that would compel local cigarette manufacturers to violate two national laws that govern the multi-billion tobacco industry related to advertisements and labels saying this is already a usurpation of power from Congress.

Deputy Speaker Eric Singson, 2nd district, said Cabral’s move appears designed to make local cigarette makers, exporters, and importers defy Republic Act 9211, or the Tobacco Regulation Act of 2003; and Republic Act 9334, otherwise known as the Excise Tax Act of 2005.

Singson reminded Cabral that the Philippines already has RA 9211, which mandates health warnings on cigarette packaging.

“The Tobacco Regulation Act states no other printed warnings, except the health warning, could be displayed,” said Singson, who is the current leader of the influential Northern Alliance. “Cabral’s administrative order encroaches on the power of Congress to craft laws.”

“We would like to remind the honorable secretary that it is only Congress which is empowered to pass legislation to flesh out an international treaty,” Singson said. “A mere administrative order would not suffice.”

Cabral, on the other hand, wants graphic health warnings printed on each pack of cigarette.

Her administrative order also calls for the removal of so-called “descriptors” in every pack of cigarette, such as “lights.”

Singson said removing these modifiers would put the Bureau of Internal Revenue in a difficult situation as descriptors such as the word “light” was allowed by RA 9334.

“How can Cabral, by mere executive order, amend an act of Congress?” Singson asked.

Arguably, under the administrative order, even exporters will be forced to break the tobacco regulatory laws of countries importing cigarettes from the Philippines as they will be compelled to print Philippine graphic health warnings prescribed under Cabral’s administrative order.

Reelectionist La Union Rep. Victor Ortega, incoming head of the Northern Alliance, told newsmen it appears that Cabral is deliberately going against Congress on her issuance of the administrative order. “There were several bills filed to amend RA 9211, including a bill to put graphic health warnings on tobacco packaging. Said bill was thoroughly discussed upon but was eventually rejected after a series of meetings and consultations by a congressional technical working group formed by the Committee on Health,” said Ortega. “And then there’s the matter of jurisdiction.”

Under RA 9211, the Inter-Agency Committee-Tobacco was created to have exclusive jurisdiction on matters involving cigarette packaging, advertising, sponsorship, public smoking among others.

On the other hand, Executive Order No. 245 (Series of 1987) grants exclusive jurisdiction to the National Tobacco Administration on matters relating to “production, standardization, classification, grading and trading of tobacco and tobacco products."

“Today, there are specific agencies created under special laws already regulating the tobacco industry—from tobacco production to cigarette packaging. Clearly, the DOH Secretary went beyond her authority when she issued the administrative order. Cabral’s actions should be consistent with these special laws,” said Ortega.

“We want to avoid a situation where multiple agencies will exercise jurisdiction over the same issue, which will only lead to confusion,” added Ortega.