Philippines: Government accepts Philip Morris mobile clinic donation

The Department of Social Welfare and Development (DSWD), a government agency in the Philippines, has accepted the donation of three mobile clinics from manufacturer Philip Morris Fortune Tobacco Corp. (PMFTC). This goes against the WHO Framework Convention on Tobacco Control, which the Philippines ratified in 2005.

According to Philip Morris International's latest social contribution report, the company said it donated mobile clinics to DSWD worth US$572,141.

Donations as part of CSR activities[1] by Philip Morris

Earlier this year, the PMFTC donated three mobile clinics to the government agency for use in social welfare and disaster response operations. On 1^er Last August, the Quezon City government (Metro Manila), in a message posted on its official Facebook page, said that the DSWD had handed over a mobile clinic to the city. The latter is part of the “Lab for All: Laboratoryo, Konsulta at Gamot para sa lahat!” program of First Lady Liza Araneta-Marcos[2].

Pictured were Department of Social Welfare Secretary Rex Gatchalian, Health Secretary Teodoro Herbosa, Quezon City Mayor Joy Belmonte. They were accompanied by Eton Properties Philippines Inc. President and CEO Kyle Tan and Philip Morris Philippines External Affairs Director Chita Herce. The Quezon City government said the mobile clinic was donated by the Lucio Tan Group of Companies, or LT Group. Philip Morris Philippines and Philip Morris International are both subsidiaries of LT Group.

This is not a unique move. The tobacco industry has been ramping up its CSR activities in Southeast Asian countries since the Covid-19 pandemic. In 2020 and 2021, the tobacco industry spent over US$30 million on CSR activities in the Philippines. In 2018-2019, the amount was limited to just over US$5 million. Most of Philip Morris Philippines’ donations are channeled through its holding company LT Group.[3].

Activities contrary to national and international provisions on tobacco control

THE legal department DSWD had clearly stated that accepting a donation from a tobacco company contravened Article 5.3 of the Framework Convention.

The DSWD Secretary then turned to the DOJ for another legal opinion. The new opinion issued on June 6, 2024, states that the DSWD, as a government agency, is not precluded from accepting such donations, even though existing laws and regulations prohibit its officials from doing so. This interpretation represents a narrow and incorrect reading of the value of national and international texts. The latter, including the World Health Organization Framework Convention on Tobacco Control (WHO FCTC) ratified by the Philippines, are designed to protect public health and the integrity of governance. The DOJ opinion thus draws an illogical distinction between public officials and the government agencies they represent. This interpretation is seen as dangerous by health stakeholders as it creates a loophole through which the tobacco industry may exploit to indirectly influence public policy.

The WHO FCTC explicitly requires governments to protect public health policies from the commercial and vested interests of the tobacco industry (Article 5.3). This provision and the implementing guidelines adopted to implement it were transposed in the Philippines in Philippine Civil Service Commission/Department of Health (JMC) Act No. 2010-01. This act complements anti-corruption legislation and a code of ethics for public officials and employees. This prohibits public officials from accepting gifts, favors, or any other advantage from the tobacco industry in order to avoid undue influence on public policymaking and to protect public officials from conflicts of interest. In addition, the Supreme Court of the Philippines has recognized that the WHO FCTC is part of domestic law and that the government has an obligation to implement the treaty in good faith.

For Irene Patricia Reyes, program manager for tobacco industry denormalization at the Southeast Asia Tobacco Control Alliance (SEATCA), the DOJ notice represents a significant setback in the Philippines’ efforts to protect public health and preserve the integrity of its governance systems. She added: "In its interpretation, the Ministry of Justice ignores the spirit that animated the adoption of these legislative and protective measures. The latter are intended to prevent any form of real or potential undue influence of the tobacco industry in public action."[4].

©Tobacco Free Generation

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[1] Corporate Social Responsibility

[2] Dexter Calbaza, DSWD hit for accepting tobacco firm's donations, The Inquirer, published August 12, 2024, accessed September 2, 2024

[3] Tobacco-related CSR activities, Southeast Asia Tobacco Control Alliance, accessed September 2, 2024

[4] Irene Patricia Reyes, Tobacco companies' donations to government undermine good governance, SEATCA, published August 31, 2024, accessed September 2, 2024