Police books 21-year-old man in Quezon province for vaping

MANILA, Philippines — Following President Rodrigo Duterte’s orders, police has arrested a 21-year-old man in Quezon province for vaping.

The police report said that the man was arrested along Quezon Avenue in Lucena City “for using vape (e-cigarettes) at a public place” on Thursday evening.

The violator’s electronic cigarette device was also confiscated by the police. He was released after the violation was recorded in the blotter book.

RELATED: Vaping allowed in designated smoking areas, says PNP

The police report, sent by Brig. Gen. Bernard Banac, noted that the arrest was made “in relation to PRRD Directive, [executive order] No. 26 dated May 16, 2017 and other applicable laws.”

Banac, in a separate message to Philstar.com, said the arrest in Quezon is the only report that has reached the PNP headquarters as of this story’s posting.

The booking of the man and the confiscation of his e-cigarette was made despite no EO specifically banning vape.

RELATED: Up to courts if vaper arrests based on verbal orders legal — IBP

'Closest' legal basis is EO 26

Justice Secretary Menardo Guevarra said Thursday that the “closest” legal basis to Duterte’s order would be EO 26, “if the same uses any tobacco derivative.”

E-cigarettes use a liquid that often, but not always, contain nicotine.

EO 26 bans smoking in enclosed public places and in public conveyances. It defined smoking as “being in possession or control of a lit tobacco product.”

READ: No written orders yet, but PNP ready to 'book' vape users

Duterte earlier said that his order to ban using of vapes is based on a law “which says that you cannot distribute toxic materials in public places.”

It is unclear which law Duterte meant, but the Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 states "to regulate, restrict or prohibit the importation, manufacture, processing, sale, distribution, use and disposal of chemical substances and mixtures that present unreasonable risk and/or injury to health or the environment."

It covers hazardous substances that pose "short-term acute hazards, such as acute toxicity by ingestion, inhalation or skin absorption, corrosivity or other skin or eye contact hazard or the risk of fire or explosion" as well as long-term risks.

An EO that will ban “all forms of vaping” will be released soon, Guevarra also said.