Transcript of Senator Pia S. Cayetano
Privilege Speech - Dirty Ashtray Award Chairman's Report
June 11, 2025

Mr. President, I rise today on a matter of personal and collective privilege.

June is National No-Smoking Month, under Presidential Proclamation No. 183 and May 31 was World No Tobacco Day.

In light of this, and the ongoing global and national efforts to curb tobacco and vape use, the following report is all the more timely and warranted.

As Chairperson of the Senate Committee on Accountability of Public Officers and Investigations, known as the Blue Ribbon Committee, I will be submitting my Chairperson's Report and its Executive Summary is here, which I have personally distributed to the members of this body, regarding the inquiry in aid of legislation on the Privilege Speech of this representation, entitled "For the 5th Time, the Philippines Gets 'Dirty Ashtray' Award," on 14 February 2024.

This report includes an inquiry into the Philippine delegation's conduct during the Conference of the Parties (the COP10) negotiations, which drew criticism for delaying the proceedings, echoing tobacco industry arguments, and failing to uphold the country's commitments to global health standards.

In 2005, the Philippines signed and ratified the World Health Organization Framework Convention on Tobacco Control. This is the WHO FCTC. During the WHO FCTC COP10, held from 05 to 10 February 2024 in Panama City, the Republic of Panama, the Philippines received a 'Dirty Ashtray' award.

The 'Dirty Ashtray' award, a notorious dishonor, was conferred upon the Philippines for the brazen use of tobacco industry tactics to dispute and delay consensus. It was reported, among others, that the Philippines sent a 34-person delegation to COP10--the largest from any government. This unusually large number remarkably outnumbered the delegations of more populous countries, such as China and Russia.

After conducting several hearings, I now present our key findings and recommendations.

First, the Philippine delegation received the notorious 'Dirty Ashtray' award at the WHO FCTC conference for actions seen as favoring the tobacco industry by, among others, delaying the agenda and pushing the so-called "balanced policy" narrative.

In reality, the "balanced policy" has been weaponized to serve industry interests guised as concern for farmers, in direct conflict with our obligations under our current laws and the WHO FCTC.

Second, the Department of Trade and Industry (DTI) appears to have exceeded its authority when it issued the DTI Vape Law Supplemental Rules, which effectively delayed the implementation of key provisions of the Vape Law.

We recommend further investigation to determine whether this constitutes a usurpation of legislative powers.

Third, the vape industry was directed to register their products and remove non-compliant products from the market. The period to comply was continuously extended by the DTI. By granting the vape industry undue leeway through this extended market clearing period from 05 June 2024 to 07 September 2024, the DTI may have committed corrupt practices under the Anti-Graft and Corrupt Practices Act. We therefore recommend the filing of appropriate charges against the responsible officials.

Fourth, we raise concerns over the Philippine delegation to COP10, which may be considered a misuse of public funds. We recommend that the Commission on Audit conduct a special audit of all expenses--whether public or private--related to this trip.

Fifth, the Committee affirms the need to re-establish DOH leadership in future FCTC negotiations.

Sixth, we raise serious constitutional concerns with the Vape Law itself. It may violate the principle of pacta sunt servanda--our duty to honor international commitments. The Committee recommends urgent amendments to RA 11900:

Return regulatory authority over vapes and HTPs to the FDA;
Raise the minimum age of access from 18 to 21; and
Strengthen the provision on restriction of flavors to plain tobacco and menthol only.

Finally, it must be emphasized that this hearing took place at a time when, tragically, the first documented death from E-cigarette or Vape-Associated Lung Injury (EVALI) was recorded in the Philippines. This case mirrors global evidence, including a 2019 U.S. Center for Disease Control and Prevention report of over 2,800 EVALI hospitalizations and 68 deaths.

We cannot ignore that the first related death in the Philippines is a sobering reminder of what happens when regulation and public health protections fail. And this may not be the only case--others could remain hidden due to weak surveillance and lack of accountability.

Dear colleagues, this is how the tobacco industry operates. They prioritize profit over public health. The industry is slimy. They repeatedly use delaying tactics and exploited regulatory loopholes to advance its interests at the expense of public health.

The previous Congress undermined progress made on tobacco and vape control by removing the protective measures under the Sin Tax Law. The passage of the Vape Law not only overturned important provisions under our Sin Tax Law, but it also opened the floodgates for more Filipinos, especially our youth, to use these harmful products and practically encourage such practice in the guise of regulation.

We owe it to the next generation to guard them against an industry that seeks to profit at the expense of their health and safety.

Sa Kongreso pong ito, ilang beses akong tumayo para ipahayag sa inyo ang kalokohan ng tobacco industry. Lubos kong ikinagagalak na marami sa inyo ang nagpakita ng suporta sa kagustuhan ko na mapigilan natin ang industriya na sirain ang kalusugan ng ating mga mamamayan.

I hope that you will join me in the filing of bills in the next congress to hold this industry accountable and firmly put them in its place.

Thank you, Mr. President.