PNP: 243 arrested for vaping in public

MANILA, Philippines – The Philippine National Police (PNP) has arrested a total of 243 individuals nationwide for vaping in public areas, five days since President Rodrigo Duterte’s order.

PNP spokesperson Brig. Gen. Bernard Banac, in a press briefing on Monday said that the violators were arrested in 2,878 separate operations from the time Duterte issued the order on November 19, 2019, until Sunday, November 24.

A total of 318 vape devices and 666 vape juice products were also confiscated by the police.

Banac said the arrested violators were also released afterward.

According to Banac, the Central Visayas police recorded the most number of arrests with 195 in 280 operations.

He also cited legal basis for the arrests, stressing that Executive Order No. 26 that bans smoking in public places “leans” on both the Republic Act 8749 or the Clean Air Act and the Republic Act 9211 or the Tobacco Regulation Act.

“Section 24 or RA 8749 defines pollution from smoking as among pollution from other sources, defined in Article 5 of the same law that prohibits smoking in public buildings or an enclosed public place,” he said.

“Because 70 to 75 percent of vape ingredients are nicotine-based, it comes within the foreview of RA 9211 as tobacco product and its derivatives,” he added.

“Furthermore, Presidential Decree 984 on pollution control defines smoking and vaping as among forms of pollution that are harmful, detrimental, or injurious to public health, safety or welfare,” said Banac.

He said that Presidential Decree 984 is a legal basis for the arrests.

“Vaping in public is subject to warrantless arrest or apprehension since the legal purpose is to bring the offender to the police station for blotter and recording. Those with contrary opinion may go to the court for judicial review,” he concluded.

GSG