Lawmakers from tobacco-growing provinces slam DOH chief
MANILA, Philippines – Lawmakers from tobacco-growing provinces in Northern Luzon criticized Health Secretary Esperanza Cabral for issuing an administrative order that compels local cigarette manufacturers to violate two pertinent national laws that govern the tobacco industry. Deputy House Speaker and Ilocos Sur second district Rep. Eric Singson said Cabral’s rule 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.
The Philippines already has RA 9211, which mandates health warnings on cigarette packaging, Rep. Singson reminded Cabral. The Tobacco Regulation Act specifically states that “no other printed warnings, except the health warning and the message required in this section (Section 13)…shall be placed on cigarette packages.”
Cabral wants graphic health warnings printed on each pack of cigarette. She also called 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 (BIR) 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?” he said.
Cabral’s administrative order also forces exporters to break the tobacco regulatory laws of countries importing cigarettes from the Philippines as they will be compelled to print graphic health warnings prescribed under Cabral’s administrative order.
Singson, president of the influential 39-member Northern Bloc, said Cabral’s administrative order encroaches into Congress’ power to make 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, insisting that “a mere administrative order would not suffice.”
For his part, La Union Rep. Victor Ortega, incoming head of the Northern Bloc, said 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, etc. 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,” Ortega said.
“We want to avoid a situation where multiple agencies will exercise jurisdiction over the same issue, which will only lead to confusion,” he added.
June 7, 2010, philstar.com
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