THE PARENTS Against Vape finds it unacceptable after the Department of Justice issued a legal opinion, allowing the Department of Social Welfare and Development to receive donations from individuals and businesses linked to the tobacco industry.

“This decision poses significant risks to the health and well-being of our children and youth. Our primary concern is the impact of this decision on impressionable young minds,” the PAV said in a statement.

The PAV emphasized that allowing the DSWD to accept donations from the tobacco industry sends a “misleading message to our children, suggesting that the tobacco industry is a partner in health care and development.”

Justice Secretary Jesus Crispin Remulla recently signed a six-page legal opinion saying that the DSWD accepting donations from individuals and businesses in the tobacco industry would not violate Joint Memorandum Circular No. 2010-01 of the Civil Service Commission and the Department of Health, particularly Section 3.3.

The JMC prohibits government officials and employees from soliciting or accepting, directly or indirectly, any gifts, favors, gratuities, entertainment, loans, or anything of monetary value in the course of official duties. It also covers any official operations or transactions that an entity in the tobacco industry may affect.

From a legal standpoint, PAV said, the DOJ’s opinion overlooks key provisions and the broader context of existing laws and regulations — The Joint Memorandum Circular No. 2010-01 of the Civil Service Commission and the Department of Health — particularly Section 3.3, explicitly prohibits government officials and employees from soliciting or accepting gifts, favors, or donations from entities in the tobacco industry.

“This prohibition is aligned with the Code of Conduct and Ethical Standards for Public Officials and Employees, which aims to prevent conflicts of interest and maintain the integrity of public service.”

“Moreover, the acceptance of donations from the tobacco industry contravenes our commitments under the World Health Organization Framework Convention on Tobacco Control, which seeks to protect public health policies from commercial and other vested interests of the tobacco industry. Article 5.3 of the WHO FCTC states that parties shall act to protect public health policies from the interests of the tobacco industry, a principle that should guide all national policies and regulations,” PAV explained.

In light of these concerns, PAV calls on the DSWD to reject donations from the tobacco industry.

Instead, DSWD should seek alternative sources of funding that align with the nation’s commitment to public health and the protection of our future generations.

PAV described it as a dangerous irony, given that tobacco use is a leading cause of seven out of the top ten non-communicable diseases in the Philippines.

By accepting these donations, they said, government risks normalizing the presence of the tobacco industry in sectors dedicated to public health and welfare.

“This not only undermines efforts to reduce tobacco use and its devastating health impacts but also compromises the integrity of public health policies,” the group said.

Furthermore, they reiterated, the DOJ’s decision could create conflicts of interest within the DSWD and other government agencies.

“It opens the door for the tobacco industry to influence public health policies and programs, which should remain free from any vested interests that could jeopardize public health, especially the health of our children,” they said.

PAV also raised practical concerns regarding the implementation of such donations: “How will the government ensure that the donations from the tobacco industry do not influence the priorities and decisions of the DSWD? How will transparency and accountability be maintained to prevent any undue influence from the tobacco industry?”

“We urge the government to reconsider this decision and prioritize the health and well-being of our children and youth,” they said, reiterating that the acceptance of donations from the tobacco industry contradicts the spirit of the WHO FCTC and our national legal framework designed to protect public health and ethical governance.

“We must uphold our commitments to protect public health and prevent the undue influence of the tobacco industry in public health policies,” PAV said.