No detention for arrested vape users: PNP

By Christopher Lloyd Caliwan

November 21, 2019, 2:12 pm

<p>PNP officer-in-charge, Lt. Gen. Archie Gamboa. <em>(File photo)</em></p>

PNP officer-in-charge, Lt. Gen. Archie Gamboa. (File photo)

MANILA -- Philippine National Police (PNP) officer-in-charge, Lt. Gen. Archie Gamboa on Thursday clarified that those who will be arrested in the nationwide crackdown on those using electronic cigarettes, popularly known as vapes, in public places will not be detained or punished.

He said a vape user, who will be arrested will be brought to a police station for blotter purposes, and will be released afterwards.

He said it is due to the pending issuance of another executive order indicating the punishment for those who will be caught using vapes in public places.

“When I issue the directive, one of the references, of course, was the declaration of the President and the Executive Order 26… In the first whereas clauses (of the EO 26) it says there that it is in view of public interest which is public health. That's why when I was asked why arrests should be made, (it is) because there is a higher interest to protect which is public health and reading through EO 26 we know the intent which is the Clean Air Act and the (Tobacco Regulation Act), but primarily its public health,” Gamboa said after the send-off ceremony for National Capital Region Police Office (NCRPO) personnel and force multipliers who will secure the SEA Games in Camp Bagong Diwa, Taguig City.

Gamboa said EO 26 and local ordinances can be used to run after vapers since it is similar to smoking in public.

“It's an expansion of smoking. However, in the absence of publication which is required for any state to impose punitive action, another EO is required to be published,” he added.

Gamboa said he had ordered all police commanders to increase police visibility in all public places, particularly the vicinity of schools, and to run after those vaping in no-smoking areas.

He also made it clear that smoking vape in designated smoking areas is okay just like smoking regular cigarettes.

Gamboa said all heads of offices and chiefs of police units in all levels are held accountable for the strict enforcement and compliance with the ban.

In 2017, Duterte signed EO 26, which provides for the establishment of smoke-free environments in public and enclosed places.

To guarantee the right of every Filipino to “breathe clean air,” EO 26 requires the establishment of designated smoking areas that may either be an open space or an enclosed area with proper ventilation.

Last week, the Department of Health (DOH) confirmed that a 16-year-old girl from Central Visayas who has been using e-cigarettes for six months is allegedly suffering from electronic cigarettes or vaping-associated lung injury (EVALI). (PNA)

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