HEALTH Justice, a public health think tank, yesterday called on the Department of Justice (DOJ) to rethink its legal opinion that will enable the Department of Social Welfare and Development (DSWD) to receive donations from individuals and businesses linked to the tobacco industry.
In a statement, Health Justice said it believes the DOJ erred when it said there are no violations of the Joint Memorandum Circular (JMC) No. 2010-01 of the Civil Service Commission (CSC) and the Department of Health (DOH) in the act of the DSWD getting donations from the tobacco industry.
“The DOJ legal opinion affirmed the standing prohibition on government officials and employees of soliciting and accepting gifts and donations from the tobacco industry. This prohibition is a key part of a good governance policy adopted to protect public health and is also equally applicable to national government agencies and local government units,” said Health Justice.
“We appeal to the Department of Justice to reconsider its opinion,” it added.
Health Justice said this is because a holistic interpretation of the rule is in accordance with the spirit of the policy.
“Taking it as a whole will have full effect on the ban imposed on public officials and employees from unnecessarily interacting, soliciting, and accepting gifts from the tobacco industry,” explained the organization.
Last week, the DOJ issued a legal opinion saying the DSWD may accept donations from individuals or businesses related to the tobacco industry, and that it will not violate JMC No. 2010-01.
The DOJ pointed out that JMC No. 2010-01 only prohibits the receipt or solicitation of public officials and employees in the course of their official functions, and not the government agency or office itself.
Last Tuesday, the Parents Against Vape (PAV) called on the DSWD to disregard the DOJ’s opinion on tobacco industry donations.
Instead, PAV said the DSWD should outrightly reject donations from the tobacco industry.
DSWD STAND
The DSWD said a legal opinion by the DOJ allowing the acceptance of donations from tobacco industry players should not be misconstrued as favoring or promoting tobacco consumption.
DSWD Assistant Secretary and spokeswoman Irene Dumlao assured the public that the agency will be working closely with the Civil Service Commission (CSC) and the Department of Health (DOH) to ensure consistency in interpreting existing policies and regulations pertaining to donations from individuals or businesses related to the tobacco industry.
“The DOJ opinion should not be viewed as a promotion for tobacco consumption. We are committed to adhering to the provisions of the CSC-DOH Joint Memorandum Circular (JMC) and in our international commitments to the World Health Organization Framework Convention on Tobacco Control (WHO FCTC),” Dumlao said
The WHO FCTC is the first international treaty negotiated under the auspices of the World Health Organization. It was adopted by the World Health Assembly on May 21, 2003 and went into effect on February 27, 2005.
The legal opinion was issued after an undisclosed tobacco company donated three mobile clinics for DSWD’s social welfare and disaster response operations. — With Jocelyn Montemayor
