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By JIGGER J. JERUSALEM
Correspondent

A LAW prohibiting vaping or e-cigarette smoking must be passed first before authorities could arrest those who indulged in it, Rep. Rufus Rodriguez of the city’s 2nd District said.

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Rodriguez said President Duterte cannot just order the police to arrest vapers in public without a law that would prohibit such.

He based his stand on the criminal law principle nullum crimen sine lege which means a person cannot be arrested and face criminal punishment except for an act that was criminalized by law before he or she performed the act.

“The House is now deliberating the various bills on vaping and e-cigarettes. Let Congress pass a law on vaping,” he said in a text message.

Citing that vaping is “toxic,” Duterte ordered on Tuesday a ban on vaping, and instructed the National Police to arrest those who violate his order.

Lt. Col. Mardy Hortillosa, Camp Alagar spokesperson, said police have so far made no arrests in the region yet after a memorandum from Camp Crame ordered the enforcement of Duterte vaping ban.

Hortillosa said they received the memorandum issued by the PNP Directorate for operations on Nov. 20, hours after Duterte’s order.

“We received a memo from Camp Crame to arrest any person that will violate the vaping ordinance in the municipality and city. We are ordered also to coordinate with the vaping establishment for this purpose for them to be aware of the said directive,” he said.

Hortillosa said they would follow the directive especially in areas where there are ordinances penalizing the use of vaping, although he added they would also enforce in areas where there is no local law prohibiting vaping.

He said they would bring those caught vaping in public, record their name but then let them go.

Lt. Gen. Archie Francisco Gamboa, the PNP officer-in-charge, said the directive was for police officers to arrest all vapers in public and have them properly recorded in the police blotters, and the items used in vaping confiscated.

Earlier, the Department of Health (DOH) called for a ban on vaping saying it can cause lung illnesses.

According to DOH, there are around one million Filipinos who use e-cigarettes or vapes.

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