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VAPE X TOBACCO- DIRTY ASHTRAY AWARD NG PHILIPPINES
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VAPE X TOBACCO- DIRTY ASHTRAY AWARD NG PHILIPPINES Eto po bagong FB natin para sa videos: https://www.facebook.com/profile.php?id=100089533736096 https://www.facebook.com/Atty-Ranny-Randolf-B-Libayan-154012243457531 Alternate YT channel po for livestreams: https://www.youtube.com/channel/UCskZGSV52krMvXgb8OXXx1g WEBSITE: https://batasnatin.com/ LAW FIRM: https://firm.batasnatin.com/ FACEBOOK PAGE: https://www.facebook.com/BATASnatin/ INSTAGRAM: https://www.instagram.com/batasnatin/ YOUTUBE CHANNEL: https://youtube.com/BATASnatinLive TWITTER: https://twitter.com/BATASnatin LAWYERS: Atty. Kristina Louise Magalong Atty. Ranny Randolf B. Libayan FIRM ADDRESS: #31 Gen. Luna St., Tuktukan, Taguig City, NCR (Across Taguig City Hall) Email: BATASnatin@gmail.com Telephone nos: +63915-954-6080 (+632)359-4203 We are a full-service Law Firm We handle and are experienced in litigating many kinds of cases. Please do not hesitate to contact us. We will be happy to assist you with all your legal needs. #AttyLi
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00:00.0
which aims to implement FCTC Article 5.3 by prohibiting interactions between the tobacco industry and the government.
00:08.5
At para po sa amin na nasa Child Rights Network, mahalaga po ito na pananggalang para ang kapakanan ng mga bata ay hindi masanggi nang nasa kabilang panig ng advocacy na ito.
00:19.1
Pangatlo, i-cancel na po natin, using the slang of young people, yung harm reduction narrative.
00:26.2
Dahil we wish to reiterate na ang totoong harm reduction is a public health strategy.
00:33.8
Hindi po dito dapat involved ang pag-introduce ng new and addictive products into the open market.
00:41.2
Very concerned po kami kasi alam po natin ang sinasabi ng mga studies na ang prefrontal cortex ay nade-develop at 25 years old.
00:51.9
So we're talking about young people.
00:54.2
Sabi nga ng Global Youth Council.
00:56.2
Ang survey, Global Youth Tobacco Survey, 1 in 7 Filipino students 13 to 15 years old ay na-expose na sa mga e-cigarettes and babes.
01:08.7
So nakakabahala po na may ganitong naratibo na nagluluyor sa ating mga kabataan na sumubok ng mga makabagong paraan, mga makabakong tobacco.
01:20.6
At pang huli, we wish that this Congress will pass the bill regulating electronic...
01:26.2
electronic smoking devices para po sa aming mga advocates, ito ang totoong nagsachampion ng karapatan ng mga bata at kabataan, hindi ang vape law.
01:35.7
And kapag pinasa po ng kongresong ito, ang amendatory bill or amendatory law na ito, it will undo the errors of the vape law at babalik sa 21 years old dahil ibinaba po ng vape law sa 18.
01:51.2
So kami pong mga nasa child rights advocacy, palaging pataas dapat.
01:54.2
So kami pong mga nasa child rights advocacy, palaging pataas dapat.
01:56.2
Katulad din po ng sinusuportahan nila Madam Chair, pataas dapat yung age, bakit natin gustong babaan?
02:02.2
Kasi marami na tayong wins eh, pero bakit ibinalik sa 18 years old?
02:06.2
At sinusuportahan din po yun nung studies na 25 years old nga na de-develop yung prefrontal cortex.
02:12.2
So bakit ina-expect natin na yung 18 years old kaya na nilang ma-discern, no? Lalalo na yung tungkol sa kanilang kalusugan.
02:20.2
We strongly emphasize the urgency of strengthening tobacco control measures.
02:25.2
We strongly emphasize the urgency of strengthening tobacco control measures.
02:26.2
And protecting our policies from the influence of the tobacco industry.
02:30.2
So please, hands off our children and young people.
02:33.2
Huwag niyo po silang targetin.
02:36.2
And we will work together to prevent a future generation of Filipinos grappling with lifelong, irreversible, and transgenerational consequences arising from nicotine addiction and all the other harms brought by the use of these unsafe products.
02:51.2
Kanina pa po namin naririnig yung balanced position and we respect our rights.
02:54.2
And we respect our Philippine delegation, ating pong mga legislators.
02:59.2
Pero kapag po kapakananan ng mga bata at kabataan yung pinag-uusapan, biased po kami.
03:05.2
At biased po kami dun sa kanilang kapakanan.
03:08.2
Maraming salamat po Madam Chair.
03:10.2
Thank you. Very nice.
03:12.2
Thank you very much.
03:13.2
Madam Chair.
03:14.2
Yes.
03:15.2
Can I just request the Senior Deputy Secretary to take that into consideration.
03:19.2
Take a second look at using the word balance.
03:22.2
Kasi nga.
03:23.2
For advocates, I know from a negotiator, from a DFA point of view, balance.
03:30.2
But really from an advocate point of view, it's either you're pro or anti.
03:34.2
I'm just saying take a look at it kasi may mga meetings pa naman kayo.
03:37.2
And thank you very much for that short but very strong advocacy.
03:43.2
And then we'll call on Attorney Paula Tangking from Action for Economic Reforms.
03:49.2
They were very active with us during the syntax deliberations.
03:52.2
And many others.
03:54.2
Thank you Madam Chair.
03:55.2
We already submitted our position paper but we'd like to point out some highlights.
03:59.2
We note that it's ironic for us, the Philippines, who have been looked upon in the international as one of the best practices in tobacco taxation to be awarded the Dirty Ashley Award.
04:12.2
So it's kind of ironic.
04:14.2
Nanalo tayo sa isa and yet parang it's a shame na we did receive this award.
04:21.2
We just want to highlight some recommendations, Madam Chair.
04:25.2
First, that the Philippine government must always take into account the overriding concern and framework for our participation in the FCTC.
04:34.2
In other WHO activities and similar multilateral international hearings is public health.
04:40.2
Tobacco control is essentially about public health.
04:43.2
So our government delegates to FCTC and similar conventions or summits must be made accountable to advancing and defending public health.
04:50.2
So our government delegates to FCTC and similar conventions or summits must be made accountable to advancing and defending public health.
04:51.2
The FCTC is not the place for the government delegation to even balance health and competing commercial or for profit interests.
05:01.2
Next, given that FCTC is primarily about health, we join the stand of the other civil societies here that the Philippine delegation must be led by the Secretary of Health.
05:12.2
Other members of the delegation must take the cue from the Department of Health on FCTC issues.
05:18.2
With due respect to the Deputy Executive Secretary,
05:20.2
The DFA earlier through Yusek Kose acknowledged that FCTC is highly about health and regulation and that on this matter they adhere to the Department of Health.
05:33.2
And yet, that is not what we have seen so far.
05:36.2
And finally, Madam Chair, while we are discussing several issues on the recent COP10,
05:44.2
and as mentioned earlier by the head of the delegation that they plan to have an enforcement framework to stop selling e-cigarettes,
05:49.2
to the youth, the Philippine government must insist on the correct definition and practice of harm reduction,
05:56.2
especially on the use of electronic nicotine and non-nicotine devices.
06:00.2
When even the industry recognizes the need for the regulation because of their harmful effects,
06:05.2
the issue of it not just on sale but also on marketing to non-smokers, especially the youth, must also be addressed.
06:11.2
Thank you, Madam Chair.
06:15.2
Very much.
06:19.2
I'll remind DOH and particularly FDA that submit so that before the next hearing,
06:30.2
I want to see what you have already, what you have done in terms of the equipment,
06:37.2
the personnel you need for proper testing, registration, and so on and so forth,
06:42.2
and whatever collaboration you have because I think, Al, before you arrive,
06:47.2
I also give you some information.
06:48.2
Thank you.
06:49.2
You gave a bit of history that during the time of Secretary Juan Lopez,
06:53.2
he told me that they already had equipment,
06:56.2
and then in the hearing three months ago, they told me they're buying.
07:00.2
So paikot-ikot lang tayo, niloloko lang ako, kahit ako niloloko ako na may equipment,
07:05.2
walang equipment, may tao, walang tao.
07:08.2
Anyway, I'd like to also end on this note to show you, Dr. Sacate, please.
07:16.2
So these are examples of some,
07:18.2
of some vapes, isigs.
07:21.2
This one is called Korean Dessert.
07:23.2
Clearly, as you would know, Yusek Sanchez, outlawed.
07:27.2
You're not allowed to show pictures of desserts.
07:30.2
Okay?
07:31.2
But at the very least, and of course, I have no idea if this is accurate,
07:34.2
meron siyang list of ingredients.
07:37.2
So that's why we really know because technically, even before they put this here,
07:42.2
just like any other food, cosmetic product, you test it kung tama yung nilalagyan.
07:48.2
Yung laman niyan.
07:49.2
And then this one has nothing.
07:51.2
This has nothing.
07:52.2
This doesn't even, this doesn't even try to comply with the laws.
07:57.2
So I hope you understand, those of you who are not in the health and trade,
08:01.2
because it's the two that are primarily involved.
08:03.2
This is what we deal with on a day-to-day basis.
08:07.2
Okay?
08:08.2
Very attractive to kids.
08:10.2
This is very neon, very metallic, very...
08:14.2
Madam Chair, on that point lang.
08:16.2
Watermelon.
08:17.2
On that point.
08:18.2
I remember every budget hearing, we asked the optical media board,
08:23.2
especially nung wala pa Netflix, o ilan ang nahulin yung pirated?
08:28.2
Kasi nga, alam naman natin kahit saan pwede kang bumili ng pirated.
08:33.2
So sinong agency ang dapat proactive na tinitignan yung mga shops and making sure na...
08:41.2
DTI.
08:42.2
Hindi.
08:43.2
DTI.
08:44.2
So do you already have task force going there?
08:46.2
Yeah.
08:47.2
So maybe next hearing, you can report and show us how do you...
08:50.2
They did.
08:51.2
They said they issued thousands of showcase orders, but show cause orders.
08:54.2
But I was like, oh, and then...
08:55.2
Oh, ba't hindi ba huli ka agad pag nakita mo doon na patently illegal sa online?
09:00.2
Yeah.
09:01.2
Anyway, can you present?
09:02.2
But ang point ko, magandang example yung optical media board, diba na?
09:05.2
Whether it was Senator Bong Revilla or whoever.
09:08.2
Nandito, they'll say, 10,000 ho na-confiscate namin, 1,000 ho sa Green Hills, 1,000 gano'n.
09:14.2
Kaya the point is may regulation na.
09:17.2
So if it's less than 100 meters, sarado na yan.
09:20.2
If they're selling yung bawal, tanggalin yung mayor's permit niyan, diba?
09:25.2
So let's just show some teeth doon sa...
09:27.2
Nandiyan na yung regulation eh.
09:29.2
So you have to follow that.
09:30.2
But if they violate it, let's show na we mean business.
09:34.2
So I'm not saying you're not.
09:35.2
I just wanna see in the next hearing, with your permission, Madam Chair, na...
09:38.2
Of course.
09:39.2
Diba?
09:40.2
Kung...
09:41.2
Kasi ang Pilipino, sumusunod.
09:42.2
Pagkano?
09:43.2
Alam nilang i-enforce eh.
09:45.2
Pero pagtingin nilang hindi, diba?
09:48.2
Itutuloy lang nila.
09:52.2
Yes.
09:54.2
Madam Chair, we were able to get some of the specifics.
09:57.2
As mentioned earlier, that we do have testing for the devices.
10:03.2
But what...
10:04.2
The budget that was cut for us and so that prevented us from purchasing another equipment
10:08.2
is for e-liquid and HTP vapor gas.
10:11.2
So if there is any support,
10:12.2
if there is any support that can be given to us or in collaboration with...
10:15.2
Who cut your budget?
10:17.2
We was requested at the, you know, budget submission level.
10:22.2
And then for the 2023.
10:25.2
But it was not budgeted.
10:28.2
So kasama siguro sa conspiracy yun.
10:30.2
Nakina-cut yung budget ng testing.
10:32.2
I wouldn't be surprised. Seriously.
10:34.2
Yes.
10:35.2
So in that regard, we would...
10:37.2
But sadly, sadly, there's so many people in your office who knows that I'm the advocate.
10:41.2
How come no one told me?
10:43.2
You don't even try.
10:44.2
You don't even try to get a bigger budget.
10:46.2
I would have given you a bigger...
10:47.2
I would have given you a bigger budget.
10:48.2
I would have sacrificed other advocacies I have to give the budget to you.
10:53.2
We did submit for additional budget.
10:54.2
Because you don't bother to take.
10:55.2
And then kayo naman sa health,
10:57.2
you know that I'm counting on you.
10:59.2
You know that I'm counting on you to have our backs,
11:02.2
to look after these kids.
11:03.2
Because DTI, that is not at the forefront of their consciousness.
11:07.2
Wala naman sa mandate niyo yung health.
11:08.2
Nasa sa inyo.
11:09.2
So every step of the way,
11:10.2
you should be there watching.
11:11.2
Nobody brought it to my attention.
11:13.2
It's very annoying.
11:16.2
O so ano nga tayo yun?
11:17.2
Titigan.
11:18.2
Titigan tayo ngayon.
11:20.2
Titigan tayo at inlex budget.
11:22.2
Wala tayong pan-testing.
11:23.2
My God.
11:24.2
Puro lukuhan ang ginagawa natin dito.
11:26.2
Madam Chair, there's an easy solution to that eh.
11:29.2
Ban the sale until na-test.
11:31.2
Magbabayad pa yung tobacco industry para bumili ng makina para sa inyo.
11:36.2
Gano'n lang kasimple yun.
11:37.2
I mean, I don't know we'll do it.
11:38.2
But that's the simple thing.
11:40.2
Subukan niyo FDA walang gamit.
11:42.2
Bibilan niya ng tobacco para lang gumalaw yung sales nila.
11:46.2
It's just, I mean, it's not only the tobacco industry.
11:48.2
Di ba?
11:49.2
If I sell pork and I cannot sell it habang walang inspectors,
11:52.2
I'll pay for the inspectors para mabenta.
12:05.2
And we will continue to work with the DILG also
12:07.2
in terms of enforcement
12:08.2
because part of our limitation is that,
12:10.2
is really in closing down some of,
12:12.2
taking out the retraction of mayor's permits
12:16.2
is probably the more effective way of doing things.
12:19.2
Madam Chair, sorry ah.
12:20.2
On that point lang ah.
12:21.2
Kasi when you catch a people violating the law,
12:26.2
all you have to do is call the police.
12:27.2
So better talaga kung may DILG, may kasama na kayo.
12:30.2
But let's say you're in the store,
12:31.2
they're selling illegal,
12:33.2
all you have to do is call the police and go there and say bawal to.
12:36.2
I hear you.
12:37.2
I'm just saying.
12:38.2
Institutional.
12:39.2
Yung optical media board kasi wala din naman silang ano.
12:42.2
Pero nakaka until Netflix was ah.
12:45.2
Yes, we continue po.
12:46.2
We do po.
12:47.2
Nakakaintindihan tayo.
12:48.2
We do that po.
12:49.2
Just institutional lang po.
12:53.2
I'll end on this note no.
12:55.2
For all of those who have expressed surprise
12:58.2
that this delegation received the Dirty Ashtray Award.
13:03.2
One of the provisions that was questioned was
13:07.2
ah
13:08.2
our
13:09.2
ah
13:10.2
the delegation's
13:11.2
concern on the comprehensive ban
13:14.2
on
13:15.2
advertisement no?
13:17.2
Comprehensive ban on advertisement.
13:19.2
And
13:26.2
as I
13:27.2
as I
13:28.2
try to digest the
13:31.2
why would you want there to be advertisement
13:34.2
of of um
13:36.2
of ah
13:37.2
attractive colors of flavors for for the youth.
13:40.2
Why would you want it if you're trying to protect the youth?
13:43.2
We should be for a comprehensive ban.
13:46.2
And yet here we are.
13:47.2
Hindi tayo pumapayag nang may comprehensive ban tayo.
13:50.2
And yet yung industry
13:52.2
comprehensive yung tactics niya.
13:54.2
Including itong
13:56.2
pag-confuse sa inyo na nagtataka pa kayo bakit tayo nagkaroon ng ng Dirty Ashtray Award.
14:01.2
My ability to communicate it
14:03.2
is was probably not even comprehensive enough.
14:06.2
Thankfully my brother bothered to take time
14:08.2
and tried to explain it from a different point of view
14:11.2
para lalong maintindihan ng mga nalilito
14:14.2
kung bakit
14:15.2
we deserve
14:16.2
the Dirty Ashtray Award.
14:18.2
And then we hear
14:20.2
that after all these years
14:22.2
of telling me
14:23.2
that may budget
14:25.2
and merong merong equipment na nandyan na daw
14:29.2
I'll find out na nakat yung budget, walang nag-abala, mag-request
14:33.2
para madagdagan natin yung budget
14:36.2
for the testing.
14:38.2
And then we're arguing about the testing
14:40.2
pero wala naman tayong pang-test.
14:42.2
It's a very comprehensive
14:45.2
approach to making sure that
14:47.2
our products are out there
14:49.2
poisoning our youth.
14:51.2
That is the approach.
14:52.2
And that they are successful.
14:54.2
And if any of you here
14:56.2
because all of you except for a few
14:59.2
from the civil society
15:01.2
are in bed with the tobacco industry
15:04.2
that is a crime.
15:06.2
And this committee will not stand for it.
15:09.2
By not acting on your job
15:12.2
you are committing a crime.
15:15.2
So work with me
15:17.2
so we can protect the children of this country.
15:19.2
Work with me so that those
15:21.2
who have addictions can truly
15:23.2
seek the medical help they need
15:25.2
and not be persuaded
15:28.2
by
15:29.2
unregulated
15:31.2
advertisement that simply tell them
15:33.2
this is a safer alternative.
15:35.2
This is a less harmful alternative.
15:38.2
May I know from DOH
15:40.2
and very quickly
15:41.2
because I know you want to say something
15:42.2
but very quickly
15:43.2
may I know from FDA
15:44.2
has any of these tobacco companies
15:46.2
gone to FDA and requested for
15:48.2
what do you call that permit?
15:49.2
That permission to sell a product
15:51.2
that is harm reduction? Anong tawag doon?
15:54.2
A cessation device?
15:56.2
Meron bang sa kanila?
15:58.2
As of date, Madam Chair
16:00.2
we have no application
16:01.2
because we don't have any policy yet po.
16:03.2
It is yet to be determined.
16:05.2
But regardless kung may policy ka o hindi
16:07.2
may lumapit ba?
16:08.2
Wala pa po.
16:09.2
Wala ha?
16:10.2
At magkaroon ka na rin ng policy.
16:12.2
Para pag may lumapit meron.
16:13.2
But my point is
16:14.2
they're all trying to sell it.
16:15.2
They'll say in any possible way
16:17.2
they will say that it is less harmful
16:20.2
and yet they will not go to FDA
16:22.2
to get a certification
16:24.2
that it is less harmful.
16:26.2
Madam Chair, just one clarification lang
16:28.2
kasi I'm concerned about the tobacco farm.
16:29.2
I'm concerned about the tobacco farmers.
16:31.2
But I want to clarify
16:32.2
iba yung tobacco industry?
16:33.2
Iba yung farmers?
16:35.2
Tama ba na yung isigs
16:36.2
you burn or you steam the tobacco?
16:39.2
So may kilala man yung tobacco farmers.
16:41.2
Non-burning.
16:42.2
Diba?
16:43.2
Oo.
16:44.2
Pero yung vape
16:46.2
oil yun eh.
16:47.2
Diba?
16:48.2
So huwag natin idama yung
16:50.2
tobacco farmers kasi the reality is
16:52.2
pag lumaganap pa nga yung vape
16:54.2
lalong mawawala yung tobacco farmer
16:56.2
kasi they don't supply it eh.
16:58.2
Kaya we refer it to tobacco
16:59.2
because it's the tobacco companies
17:01.2
who are shifting to vape.
17:04.2
Just so that the tobacco farmers
17:07.2
will also know who's on their side or natin.
17:09.2
Kasi parang natin natin tilapalabas
17:11.2
para sa tobacco farmers to.
17:13.2
May balance.
17:14.2
Hindi ah.
17:15.2
Yung vape ay
17:17.2
is not for the tobacco farmers.
17:20.2
Anyone is free to correct me if I'm wrong
17:22.2
but I just wanted to clarify that.
17:24.2
So we're battling here now
17:26.2
two industries.
17:27.2
The vape industry
17:29.2
and the tobacco industry.
17:30.2
Kasi they're one
17:32.2
mostly the same company
17:33.2
but it's a different industry.
17:35.2
Diba?
17:36.2
Parang soft drinks and
17:39.2
something else unhealthy.
17:41.2
Sugar beverages.
17:43.2
Which is less unhealthy than soft drinks.
17:48.2
Okay.
17:50.2
The time is late.
17:51.2
I know you have given us
17:52.2
most of your day.
17:53.2
I thank you very much.
17:55.2
Thank you for your patience also.
17:56.2
It is not a comfortable discussion.
17:58.2
So I appreciate everyone's professionalism.
18:01.2
It is my job to
18:03.2
it is not a task that I chose.
18:05.2
And yet it is my job
18:07.2
to be able to sit through these
18:09.2
uncomfortable hearings and
18:11.2
hopefully everybody comes here with
18:13.2
good intentions but not everybody will
18:15.2
as we have seen in previous hearings.
18:17.2
But it is my intention
18:19.2
to make everybody as comfortable as possible
18:21.2
and never to humiliate anyone
18:23.2
or to
18:24.2
to
18:25.2
to put words in your mouth.
18:26.2
You are always welcome to
18:28.2
to clarify the statements you make
18:30.2
and if you want to follow up with
18:31.2
a written statement
18:32.2
or to talk to my staff
18:33.2
you are free to do that.
18:35.2
On that note, I will suspend
18:36.2
so you can all go about your day.
18:38.2
Thank you for your time.