Issue No. 67 - November to December 2011 - DOH

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in October to provide comprehensive publichealth services such as immunization,family planning counseling, among othersright at the doorstep of families. Part of theservices they will perform is to deliver thesekey messages on healthy lifestyles: avoidtobacco smoking and excessive alcohol use,have a balanced diet and regular exercise.The DOH believes that health promotionstrategies are best done at the level of thecommunity and the family.On May 15, the DOH staged“Ehersisyong Pangkalusugan Para sa Lahat”campaign which was participated in bythe President himself. This made a lotof attention especially since it was thePresident talking about healthy lifestyleand exercise. Then on May 31, World NoTobacco Day, the DOH was delighted by theincreasing number of local governmentunits, government hospitals and officesmaking great strides in protecting peoplefrom secondhand smoke, raising the numberof participants in this year’s DOH Red OrchidAwards. In September, the PhilippineMedical Association forged an agreementwith the DOH in a health promotion strategyutilizing all forms of media, including theInternet, to change people’s behaviorstowards healthy living and lifestyle.In the ASEAN (Association ofSouth East Asian Nations), the Philippinesis the lead country to undertake strategiesof revitalizing and facilitating enablingenvironments for ensuring promotion ofhealthy lifestyle for the people of the region.All the country’s current effortsin the prevention and control of NCDs alsoentail partnerships with all sectors of society- government agencies, local governments,private sector, and non-governmental andfaith-based organizations, among others.And most specially, the Philippines is onewith the world in the fight against NCDs.- o O o -2 Smokefree Metro ManilaWhy did this health news rank sohigh in HEALTHbeat’s countdown? Well,this is one of the very few instances whentobacco control advocates took the offensiveagainst the rich and mighty tobaccoindustry that for so long has considered thePhilippines as their “Disneyland” because ofthe lax and lenient tobacco regulation lawsand policies.On May 29, a few days beforethe World No Tobacco Day (May 31),the Metropolitan Manila DevelopmentAuthority (MMDA) announced to the mediaits smoking ban in public places. Deputized“environmental enforcers” were deployedin teams to apprehend persons caughtsmoking primarily in major thoroughfares(loading bays, footbridges, stairwells of trainstations), public utility vehicles and landtransportation terminals in coordinationwith the Land Transportation andFranchising Regulatory Board. Meanwhile,the LGUs are responsible for city roads andestablishments in their jurisdiction andthe Civil Service Commission is responsiblefor government vehicles and offices. Thepenalty ranges from P500 up to P1,000for the first offense, or 8-hour communityservice.As soon as it was announced, ABSCBN TV Patrol put on a text poll and showedthat 91% of the viewing public agreed withthe new MMDA policy. This is evident of asilent majority of the population who areagainst tobacco use, especially in publicplaces.After a month-long informationdrive, the new policy took effect on July1. Barely a week after the MMDA fullyimplemented its smoking ban policy, ChrisNelson, the managing director of PMFTC - aventure between Philip Morris and FortuneTobacco - said in a Malaya news report onJuly 7, the PMFTC is prepared to take actionagainst the MMDA on the regularity of theissuance. He was even quoted as saying, “Itmay not even be us, it could be a smoker whomay take action.”And like a Nicodemus prophesy,two smokers have really taken the MMDAto court after they were fined for smokingin public. On July 26, the PhilippineDaily Inquirer reported security guardsAntony Clemente and Vrianne Lamsen,in their petition, asked the MandaluyongRegional Trial Court to stop the MMDA fromimplementing a ban on smoking in publicplaces in Metro Manila. The two were saidto have been apprehended by an MMDAenforcer after they were caught smoking onthe sidewalk on EDSA, near Farmers Marketin Cubao, Quezon City, on July 6.Lawyer Jesus de la Paz toldthe Inquirer that the area where the twosecurity guards were caught smoking wasnot covered by Republic Act (RA) No. 9211or the Tobacco Regulation Act of 2003. Hewas further quoted as saying, “We alsocontest the authority of the MMDA to collectfees and impose punishment on supposedviolators.” In several interviews, de la Pazwas also quoted to exclaim that the smokingban of MMDA is unconstitutional.On August 2, a group of lawyerssupportive of the MMDA ban questioned de44 HEALTHbeat I November - December 2011
la Paz’s motives for going to court in a bidto halt the agency’s efforts. HealthJustice,a non-profit public health law thinktankthat has helped gain popularity forvarious tobacco control measures, issueda press release that claimed that one ofthe clients of de la Paz’s law firm (GonzalesBatiller David Leabres & Reyes) is PhilipMorris Manufacturing Inc., as listed on thecompany’s website. Eventually, ABS CBNnews report showed that Philip Morris wasalready removed from the list of clients.On August 15, Judge CarlosValenzuela of Branch 213 of theMandaluyong Regional Trial Court (RTC)issued the temporary restraining order(TRO) for 20 days ruling in favor of the twocomplainants. They were required to postthe P100,000 bond, which would coverthe claims of damages if the court’s finaldecision went in MMDA’s favor. The followingday, one of the complainants of the smokingban, identified as Antony Clemente, claimedin an interview with ABS-CBN News that hedid not pay for the required bond to file thecase. He said, “Hindi ko naman siya kayangbayaran kasi minimum wage lang namanako. Bale nagkakaugnayan lang d’yan,attorney lang ho. ‘Yung Philip Morris angnaaapektuhan kasi. Dahil sa pinapatupad napaghuhuli na ‘yan, syempre ‘yung negosyo,naaapektuhan.”The supposed admission sparkedan outrage among tobacco control advocates.Dr. Jaime Galvez Tan, former health secretary,expressed his dismay in a press statement,“The tobacco industry is obviously pullingout all stops to block laudable public healthmeasures like the MMDA’s enforcementcampaign Cases like these show how thetobacco industry belittles the competence ofmedical authorities in guarding the healthof our citizens. In planting a witness againstMMDA, they undermine the authority of thegovernment to take care of its people.”MMDA Chairman Francis Tolentinosaid, “The complainants were planted andtheir arrest by our environmental enforcerswas planned that’s why we can say that somebusinessmen were interested in this case.”The PMFTC, for its part, issued a statementdenying the allegations that the companywas behind the complaint. Meanwhile,the petitioners’ lawyer dismissed the newsinterview of Clemente as “unreliable,”claiming his client was misquoted.On August 19, tobacco farmersfrom La Union were reported to have helpedpay for the P100,000 bond required by thecourt. This signalled the start of a 20-dayTRO on the enforcement of the no-smokingpolicy on sidewalks and public thoroughfaresin Metro Manila.November - December 2011 I HEALTHbeat 45
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Issue No. 67 - November to December 2011 - DOH

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