MANILA, Philippines -- The Department of Health (DoH) and anti-smoking advocates have appealed to mayors to get rid of all outdoor tobacco advertisements, in compliance with the Tobacco Regulation Act of 2003.

They said in a press conference Friday that local government units (LGUs) are not only mandated, but are also in the best position, to strictly enforce the ban on outdoor advertisements of cigarettes.

According to the anti-smoking group Framework Convention on Tobacco Control Alliance, Philippines (FCAP), despite being prohibited by the law, outdoor tobacco ads are still widespread due to continued violations by tobacco firms and the inadequate public information on the ban.

“It is the mandate of the LGUs to see to it that this law is enforced within their areas of jurisdiction. Mayors should act so that all of these outdoor tobacco ads are removed,” said Dr. Maricar Limpin, executive director of FCAP.

The Implementing Rules and Regulations on the Tobacco Regulation Act of 2003 (Republic Act No. 9211) provides: “Beginning July 1, 2007, all cinema and outdoor advertising shall be prohibited. No leaflets, posters and similar outdoor advertising materials may be posted, except inside the premises of point of sale retail establishments.”

But FCAP’s own preliminary documentation -- contained in the “Book of Violations” it turned over to the DoH -- shows continuing violations of the ad ban in Metro Manila (Manila, Makati, Quezon City), as well as the cities of Cebu, Legazpi (Albay), and Roxas (Capiz).

The collected photos of outdoor store signage and mini-billboards, said the FCAP, are collected through their online reporting system in the website www.tobaccocontrol.ph.

“There is still a low compliance rate on the law,” said Limpin.

Health Undersecretary Alexander Padilla said that while the tobacco companies are primarily responsible for this violation, they also want to inform retail stores not to stop accepting signage from tobacco companies in keeping with the law.

“We want to inform the public about the ban, so they won’t put up these signage anymore. But we put the responsibility straight at the doorstep of the tobacco firms,” said Padilla.

Cigarette producer Philip Morris Philippines Manufacturing Inc. (PPMI), for its part, has maintained that they support the provision prohibiting outdoor advertisements of cigarettes.

Dave M. Gomez, Public Affairs and Communications Manager, said that even before July 2007, they had pulled down all billboards for their cigarette brands, as “part of their commitment to R.A. 9211.”

He said PPMI has supported the regulation from the beginning.

The DoH and the tobacco firms are now at odds as to the correct interpretation of the provision pertaining to outdoor ads.

Padilla said the law is clear in its prohibition of all outdoor advertising.

Tobacco firms contend, however, that the law still allows outdoor ads within the premises of point-of-sale retail establishments, which mean that the whole structure and tract of land of the retail establishment can accommodate tobacco ads.

The issue is currently being litigated in court through a case filed by Fortune Tobacco and PPMI (in a motion to intervene).