Watch more News on iWantTFC

MANILA – Advocates are set to question the legality of the controversial vape bill before the Supreme Court, a day after the bill lapsed into law.

• Controversial bill lowering the age for vape access lapses into law: Palace
• EXPLAINER: The controversial legislative journey of the vape bill

Speaking to ANC’s “Rundown,” former Philippine College of Physicians president Dr. Maricar Limpin said the bill was only transmitted to the Office of the President 5 days before the end of President Duterte's term.

"We felt that this bill should have been transmitted to the Office of the President long time ago when this bill was already passed in both Houses of Congress but that did not happen. The bill was only transmitted around 5 days before the end of President Duterte’s. So for us there seems to be a legality on how the process was actually done or conducted,” Limpin said.

“So this is something that probably, well, I have heard some of the, like Senator Migz Zubiri who said that there is already a precedent over this. ‘no, that bills are being transmitted over a few days or parang midnight transmittal ba yan tawagin, equivalent to the midnight appointments, so, this is basically what happened.”

“And therefore, I think it can be expected that we will actually question the legality, and on top of this we will also question the constitutionality of the law,” she added.

The measure transfers the regulation of vapes under the Department of Trade and Industry (DTI) from the Food and Drug Administration (FDA). It also lowers the age of sale from 21 to 18.

Before the enactment of the new vape bill, existing regulations also disallowed flavored vapes and the sale of the product to anyone aged 21 and below.

Limpin said lawmakers should have known that the vape bill will clip the FDA’s powers.

“Our legislators, they should know better. They should have actually known that it is going to clip the powers of the FDA. That is why we need to make sure that these powers will not be clipped and this is the reason why we wanted to raise the constitutionality of such a provision in this particular law.”

Asked if contentious provisions of the measure can still be addressed in its implementing rules and regulations, Dr. Antonio Dans, a professor at the University of Philippines College of Medicine, said: “Siguro yung flavors, baka pwedeng gawan ng paraan ‘no, kaya lang, kasi nakalagay naman doon na dapat i-wag maging attractive sa mga kabataan ang mga approved flavors but the fact na pinayagan nating more than 2 flavors, mahirap yun pero pwede sigurong plantsahin yan.”

Watch more News on iWantTFC

He noted, however, than the transfer of the power to regulate vapes from the FDA to DTI can only be resolved by the court.

“That’s a crisis and it’s going to be confrontation between the Supreme Court and our lawmakers. So sana, i-rule ng Supreme Court na unconstitutional din ang batas na ito (I hope the Supreme Court deems it unconstitutional).”

Dans stressed, however, that they will continue to educate the public on the ill effects of vaping and smoking on one’s health.

“Alam mo, wala namang hinto ang laban natin sa dulot na sakit ng tobacco at vape. Kahit napasa ito yung bill na ito naman or na-veto, tuloy ang laban.”

(You know, our fight against the ills caused by tobacco continue. The fight continues, even if the bill had been vetoed.)