LEGAL BASIS A two-year-old executive order will be the legal basis of the Philippine National Police in enforcing President
Duterte鈥檚 verbal directive to arrest those who vape in public places. 鈥擱ICHARD A. REYES
The Philippine National Police will implement an arrest-and-release policy on violators of President Duterte鈥檚 order banning the use electronic cigarettes (e-cigarettes) or vaping devices in public.
Lt. Gen. Archie Gamboa, the acting PNP chief, on Thursday said the two-year-old Executive Order No. 26, which provides for a 鈥渟moke-free environment in public and enclosed places,鈥� would be the legal basis for the police action against vapers in public.
The police are allowed to make arrests in compliance with EO 26 because of 鈥渁 higher interest to protect, which is public health,鈥� he said, adding that the order was intended to implement the Clean Air Act and regulate tobacco.
鈥淚f you include vape in that EO, it鈥檚 actually an expansion of the definition of smoking, that鈥檚 why we can implement it immediately,鈥� Gamboa said.
In the absence of the required publication of an executive order specifically against vaping, he conceded that violators could not be penalized.
鈥淭hat鈥檚 why I told them [police officers], 鈥楢rrest [violators], put them on the blotter and then release them,鈥欌�� Gamboa said.
Punishment later
鈥淎rrest is not punishment, remember,鈥� he added. 鈥淧unishment comes after arrest, after due process.鈥�
He indicated that those arrested need not worry about having a police record because a blotter entry had no 鈥減robative value,鈥� could not be used in court and 鈥渃annot prejudice a person later on.鈥�
He warned the public, however, 鈥渘ot to challenge us.鈥�
鈥淚t鈥檚 very simple, let鈥檚 not use vape. If you want to use vape, use it in private places not public places. That鈥檚 our only request, that鈥檚 why we do not even implement punishments,鈥� Gamboa said.
Bohol action
In Bohol, however, Col. Jonathan Cabal, PNP provincial chief, on Wednesday directed his men to confiscate e-cigarettes used in public places instead of arresting violators of the President鈥檚 order.
In the verbal order he issued on Tuesday night, the President admitted that 鈥渢here was no executive order yet鈥� banning e-cigarettes in public, saying 鈥渢he legal papers will follow.鈥�
He also banned the importation of e-cigarette products, but this also was not covered by any specific order.
He said he had directed the authorities to 鈥渘ot seize but just hold鈥� the importations.
鈥淎nd they said, what鈥檚 the law? Never mind the law. The law will come. Tell them 鈥� I ordered it,鈥� he said.
Warning to judges
鈥淭he order will come. Do not worry. Just stop it. And the police, do your work. The Armed Forces, do your work. I will take full responsibility alone,鈥� he added.
Mr. Duterte also warned judges not to block his order, but did not say how he would respond if they did.
Domingo Cayosa, president of the Integrated Bar of the Philippines, said he did not believe judges would allow themselves to be intimidated by Mr. Duterte鈥檚 warning.
鈥淭he Constitution guarantees the separation of powers,鈥� he said in a television interview聽 on Thursday. 鈥淏ut at the end of the day, any citizen who feels aggrieved can actually go to the courts.鈥�
Cayosa also advised those who might be arrested to file a case in court to challenge the legality of their arrest.
Sen. Panfilo Lacson, a former聽 PNP chief, on Thursday reminded his former subordinates that the policy of arresting people who vape in public should be clearly spelled out in an executive order.
But he said that while several of the President鈥檚 actions had been criticized, some had benefited the public like the six-month closure and rehabilitation of the world famous Boracay Island.
鈥淚鈥檓 also a Machiavellian. The result is more important for me than all the niceties. A positive result is much better,鈥� Lacson said.
Official regulation
Senate President Pro Tempore Ralph Recto, an e-cigarette user, said he believed Mr. Duterte could not issue a ban without any official regulation.
鈥淐ould he ban alcohol? Regulate, he can,鈥� Recto said in a text message to the Inquirer.
鈥淭here are e-cigarettes that are 90 to 95 (percent) less harmful (than tobacco). Banning it will not create any revenues,鈥� he added.
Senate President Vicente Sotto III agreed with Recto, saying a prohibition on vaping 鈥渕ay need an ordinance to ban it in a specific place or a law for nationwide coverage.鈥�
鈥淩ight now, it is debatable if an executive order will suffice. Except that it鈥檚 annoying, a clear public health harm has yet to be proven,鈥� Sotto said.
The President issued his order just days after the Department of Health reported the country鈥檚 first case of lung injury associated with e-cigarette, or vaping鈥攁 16-year-old girl who suffered from a severe breathing problem after vaping daily since March.
In Cebu City where the unidentified girl was hospitalized, Councilor Joel Garganera said he would file next week a proposed ordinance to regulate vaping, ban e-cigarettes from public places and prohibit minors from using them.
Vape shops would also be required to post health warnings and none of them would be allowed near schools.
He said he would not encourage new users and the 鈥渃urious鈥� to even try it.鈥擶ITH REPORTS FROM MARLON RAMOS, TINA G. SANTOS AND DALE G. ISRAEL