Anti-Smoking Ordinance Implemented In Iloilo City

Emmanuel Dayal

BS Criminology 

Introduction

Smoking is a practice in which a substance, most commonly tobacco, is burned and the smoke is tasted or inhaled. This is primarily practiced as a route of administration for recreational, as combustion releases the active substances in drugs such as nicotine and makes them available for absorption through the lungs. It can also be done as a part of rituals, to induce trances and spiritual enlightenment. The most common method of smoking today is through cigarettes, primarily industrially manufactured but also hand-rolled from loose tobacco and rolling paper. Other smoking implements include pipes, cigars, vaporizers, and bongs. It has been suggested that smoking-related disease kills one half of all long term smokers but these diseases may also be contracted by non-smokers. A 2007 report states that about 4.9 million people worldwide each year die as a result of smoking.

Anti-smoking ordinance in Iloilo city is the policy of the city of Iloilo to protect the health of the citizens from the hazards of smoking and second-hand smoke and instill health consciousness. Pursuant to this policy, the city of Iloilo has enacted various anti-smoking ordinances, upon passage of the R.A. 9211 otherwise known as the “Tobacco Regulation Act of 2003”, there is need to review, revise and consolidate all Anti-Smoking Ordinances of the City of Iloilo. Pursuant to the exercise of its police power, Section 16 and 177 of the local Government Code of 1991, it is duty of the City of Iloilo to adopt ordinances shall be necessary to fully provide for and protect the health, safety, comfort, conveniences, and general welfare of the community and its inhabitants.

JURISDICTION OF THE ORDINANCE

 Designated smoking and non-smoking area, In all enclosed places included in section 5.2 which do not opt to declare their establishments or places as totally free from smoking may expose a person other than the smoker to tobacco smoke, the owner, proprietor, possessor, manager or administrator of such places shall establish smoking and non-smoking area. Such areas may include a designated area within a building, which may be in an open space or separated area with the proper ventilation, but shall not located within the same room that has been designated as a non-smoking area. Standards for designated smoking area  are being duly designated other than in open space, whether tourism accredited or not, within the territorial jurisdiction of Iloilo City as above defined, has strictly observed the following standards. The places or establishments that are air conditioned has established and designated their smoking area that is not more than one-fourth of the total area of the place or establishment. The area is totally enclose on all side and separated from the rest of the premises where smoking is prohibited. They have equipped it with an exhaust fan and with adequate ventilation in conformity with provisions of Presidential Decree No. 1096, otherwise known as the “National Building Code” and the Philippine Society of the Mechanical Engineers Code”. The place or establishment is not air condition, have established and designate a smoking area that is not more than one fourth of the total area of the public places or establishment. It was fully ventilated and separated from the rest of the premises where smoking is prohibited. Signage for designated smoking and non-smoking areas, all designated smoking area have at least one legible and visible sign post saying “SMOKING AREA” in English or Filipino for the information and guidance of all concerned.

Non-smoking has at least one legible and visible sign posted saying “NON-SMOKING AREA” or “NO SMOKING” English or Filipino for the guidance of all concerned. The signs was been placed conspicuously at the entrance of the designated smoking and non-smoking area. No circumstance has any mark, device, word or any image associated with anti-Tobacco Company has been included in any of these sign and materials. The City Health Office and City Engineer’s Office was been task to inspect and certify the appropriateness of the designated smoking areas, taking into consideration the purpose of the law which is to protect non-smokers from the pernicious effects of tobacco smoke. The Iloilo City Anti-Smoking Task Force (ICAST) in coordination with the City Engineer’s Office and the City Tourism Office (in case accredited tourism establishment) have conducted an ocular inspection of all accredited and non-accredited tourism establishment in Iloilo City to determine compliance with the requirement of this Ordinance.

OFFENCES

Prior to the penalty of the violators to the ordinance, the penalty to an individual who violated the ordinance in public places, school premises, 10 meters away from the entrance of the school, public utility vehicle, fast food chain, public market, mall, and other establishments that is included in the jurisdiction of the said ordinance  has been penalized accordingly. First offense was a fine of 500 pesos; second offense was 1,000 pesos, on the third offense and subsequent offenses was a fine of 5,000 pesos. The person that was caught has been issued a ticket by the ICAST agent, after which, the person will go to the City treasurer’s office and pay the corresponding amount and the level of offence.

PERSONS INVOLVED IN THE FORMULATION OF THE ORDINANCE

The ICAST is a group created to help the City mayor monitor, implement and enforce the provisions of the Ordinance. ICAST is under the Office of the City mayor and subject to the direct control and supervision. In accordance to the implementation of the ordinance, there is an ICAST BOARD that serves as the strategy-formulating body of ICAST.  The ICAST BOARD is composed of a Chairperson and exactly twenty members that have been appointed by the City Mayor. Addition to the persons involved in the implementation of the ordinance, the City Mayor has appointed and deputized many of individuals that he deem necessary, such as students, vendors, police officers, young professionals, and other person that wishes to be a deputized agent of ICAST that’s serves as the enforcement arm of ICAST, in order to maximize the number of the person involve in the formulation and implementation of the ordinance. All the deputize agent is warring an ICAST uniform with an identification card in order  that they will be recognize and will warn the people that is going to violate the ordinance. They were scattered and designated all throughout the city of Iloilo to manage and maintain the healthy condition of a smoke free area in their respective designations. There was nothing that have been constructed as to limit the power of the City Mayor to implement and execute the provision of the Ordinance pursuant to Local Government Code and other existing laws.

IMPLEMENTATION

The City Mayor has formulated the implementing rules and regulations of the said ordinance, for the effective implementation of the ordinance within 15 days from the day of affectivity in the public places, school premises, 10 meters away from the entrance of the school, public utility vehicle, fast food chain, public market, mall, and other establishments all trough out the City of Iloilo that is included in the jurisdiction of the said ordinance. Immediately, all the deputize agents was being dispatched to their respective designation all trough out the city of Iloilo, in accordance to the immediate implementation of the anti-smoking ordinance that keeps ilonggo away from the harmful effect of second hand smoke and to maintain the smoke free state of the city. The criminal case pending before City Prosecutors Office and the Municipal Trial Court for violations of the previous Anti-Smoking Ordinance have not been dismissed; however the provision of the ordinance was applied to those accused when the same is favorable to them. The amount necessary to implement the provision of the ordinance has been charged against the current year’s appropriation such funds that maybe necessary for the continued implementation of the ordinance has been included in the budget. For any reasons, any part or provision of the ordinance has been declared unconstitutional or invalid; the other parts of the provision that was not affected has been continued to be in full force and effect. The ordinance has taken its effect 15 days after its approval and publication in a newspaper of a general circulation in the City of Iloilo consistent with the provision of the Local Government Code of 1991.

CONCLUSION

Anti-smoking ordinance in Iloilo city is one of the successful policies of the city of Iloilo to protect the health of the citizens from the hazards of smoking and second-hand smoke and instill health consciousness. The ordinance was being implemented effectively due to the lower rate not just the smoking violators but also the rater of the diseases caused by second hand smoking also decreases and hopefully will be terminated to in the following years as the ICAST and the Iloilo City government continue to implement and manage the entire city as smoke free City.   

Since it has been approved and implemented Pursuant to this policy, the city of Iloilo has enacted various anti-smoking ordinances, upon passage of the R.A. 9211 otherwise known as the “Tobacco Regulation Act of 2003”, there is need to review, revise and consolidate all Anti-Smoking Ordinances of the City of Iloilo. Pursuant to the exercise of its police power, Section 16 and 177 of the local Government Code of 1991, it is duty of the City of Iloilo to adopt ordinances shall be necessary to fully provide for and protect the health, safety, comfort, conveniences, and general welfare of the community and its inhabitants.


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