BANNING vapes and arresting its users are unlawful, Cagayan de Oro 2nd District Representative Rufus Rodriguez said.
Rodriguez said a principle in criminal law states that 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.
This means that one cannot be punished for doing something that is not prohibited by law.
Rodriguez said President Rodrigo Duterte should allow Congress to pass a law first on vaping before ordering the ban and making any arrest.
Rodriguez said the House of Representatives is currently deliberating various bills on vaping and e-cigarettes.
Lieutenant Colonel Mardy Hortillosa, Police Regional Office-Northern Mindanao spokesperson, said they will still implement Duterte's order despite the absence of law.
"Gasunod lang ta og order sa atong national pud, pero tinuod nga padayon gihapon ginatun-an ug gi-analyze pud nato ang order," Hortillosa said.
"Pero wala man siguro daotan kung irecord lang, dili man maka-violate siguro na sa tawhanong katungod," he added.
There are still no recorded arrests of vape users as of Saturday noon, November 23.
Vapes, also known as e-cigarettes are electronic devices that heat a liquid and produce an aerosol, or mix of small particles in the air.
According to the United States Communicable Disease Center (CDC), scientists are still learning about the long-term health effects of e-cigarettes.
However, the CDC said some of the ingredients in e-cigarette aerosol could be harmful to the lungs in the long-term, since some e-cigarette flavorings may be safe to eat but not to inhale because the gut can process more substances than the lungs.
Defective e-cigarette batteries have also caused some fires and explosions, a few of which have resulted in serious injuries.
Children and adults have been poisoned by swallowing, breathing, or absorbing e-cigarette liquid through their skin or eyes, the CDC said.