The Department of Health (DOH) refused to comment on issues surrounding Health Chief Ted Herbosa who was photographed with tobacco industry executives during a turnover ceremony for mobile laboratory clinics in Malacañang.

"We defer to the statement of the Palace Press Officer," DOH Spokesperson Albert Domingo told reporters when asked for comment.

Domingo was referring to a statement made by Palace Press Officer Undersecretary Atty. Claire Castro, who addressed criticism from anti-smoking advocates following Herbosa's participation in the ceremony.

Castro said there was no proof that Herbosa had personally accepted the donation from tobacco companies.

"If the DOH didn't receive any donation from the tobacco company, we don't see anything wrong with that," she added.

Health reform advocates previously slammed the Health secretary for allegedly "promoting tobacco products," citing Joint Memorandum Circular (JMC) 2010-001 of the Civil Service Commission and the Department of Health, which explicitly mandates that government officials avoid unnecessary interactions with, and prohibit accepting donations from, the tobacco industry.

However, Castro said that Herbosa's photo ops with tobacco executives does not necessarily constitute a violation of the law.

Dr. Ulysses Dorotheo, executive director of the Southeast Asia Tobacco Control Alliance, slammed Herbosa for attending the event.

"Worse than the hypocrisy of the tobacco industry (donating mobile clinics while causing deaths and diseases) is the lack of integrity of the Secretary of Health attending this event and posing happily for a group photo, trading public health principles and ethics for political convenience," Dorotheo stressed.

"I consider Sec. Ted Herbosa a colleague and mentor, but I do not mince my words when I say he has lost all credibility. The Philippines, under this government, does NOT deserve to lead the World Health Assembly," he added.

Meanwhile, in a separate statement sent to the DAILY TRIBUNE, Dr. Tony Leachon said he believes there was a "conflict of interest."

"I can't remember any time before where one can find PMFTC in the same photo as the DOH Secretary and the DSWD secretary and the First Lady; now we completely understand why PhilHealth has been defunded," Leachon said.

"The [World Health Organization] Framework Convention on Tobacco Control Article 5.3 prohibits tobacco industry interference with tobacco control policies, including the acceptance of donations or any other financial or in-kind contributions from the tobacco industry by government officials or employees," he added.