MANILA, Philippines — There is no case that can be filed against those arrested for vaping in public, Philippine National Police (PNP) officer-in-charge Lt. Gen Archie Gamboa admitted Thursday.
“Wala nga eh (There is none),” Gamboa said in a press briefing when asked what case can be filed against violators of the newest order of President Rodrigo Duterte that bans the importation of vape or e-cigarette, and its use in public places.
Gamboa said a “punishment” on arrested violators can only be enacted once Malacañang issues a separate executive order (EO) against vaping in public and its penalties. He said that pending this new EO, the police can only arrest and record the violation in the police blotter, but release those caught using e-cigarettes in public areas afterward.
Asked why the police will still arrest violators even if there is no case that will be filed against them, Gamboa said it is “just to implement the directive of the President” and since the PNP is “just exercising police powers of protecting public interest which is public health.”
“Under the police powers of the state, you can do that,” he stressed.
He also explained that arrests in itself is not punishment, and that “punishment comes after arrest after due process.”
He argued that even a police blotter does not have probative value and cannot be used in court.
According to Gamboa, his “references” for directing his subordinates on the crackdown against vaping in public are Duterte’s order—which was only done verbally—and Executive Order No. 26 issued in 2017, which banned smoking in public areas.
EO 26, however, does not explicitly include vaping. The Department of Health issued Administrative Order No. 2019-0007 in June to include vaping in the order, but its implementation was suspended by a regional trial court in Pasig City in October.
“If you include vape in that EO [26], it’s actually an expansion of the definition of smoking kaya sabi pwede i-implement [ang order ni Presidente] agad (that’s why we could implement the President’s order immediately) because it’s an expansion of the definition of smoking,” said Gamboa.
“However, in the absence of publication which is required for any state to impose punitive action, hence another EO is required for it to be published and then saka magkakaroon ng (there will be) punishment,” he said.