SAYRI ANG BALAUD

December 10, 2013 Tuesday 5:00pm-6:00pm

Topic: New Davao City Anti-Smoking Ordinance

Program Coordinators: S. Corregidor

L. Sasing
Program Researcher: V. De Guzman

Guide Questions
New Anti-Smoking Ordinance
1. With our City being a beaming example of the law and its proper implementation. When did this
ordinance take effect?
This new ordinance was signed by the Mayor on February 26, 2013 and took effect on May 31, 2013.
2. Why did the City make a new anti smoking ordinance when the old ordinance is already there?
The City wants to strengthen its policy on the promotion of the health and welfare of its citizens. The City
realized the need to be alert and informed of any efforts by the tobacco industry to undermine or subvert
tobacco control efforts. It was made to update the previous ordinance which is already eleven (11) years old.
3. To what/whom/where shall this ordinance apply?
1. All driver, conductors, inspectors and passengers, of all public conveyances, govt-owned vehicles,
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and other means of public transportation within Davao City;

All accommodation and entertainment establishments;
All workplaces;
All enclosed public places
All partially enclosed public places
All public buildings; and
All public outdoor spaces.

4. Are there no more Designated Smoking Areas (DSA) allowed?

No. DSAs may still be allowed provided that it must have followed certain requirements and that has been
issued by the City Mayor with a Certificate of Compliance.
5. What particular acts are prohibited?
Smoking any tobacco product or using Electronic Device System (E-Cigarettes), Shisha and the like

in any prohibited places except duly approved designated smoking areas.

Knowingly allowing, abetting, or toleration smoking any tobacco or using Electronic Device System

(E-Cigarettes), Shisha and the like in any prohibited places except duly approved designated smoking
areas.
Refusal to allow the entry of the members of the Anti-Smoking Task Force (ASTF) or its duly

deputized enforcers into places mentioned in Section 2 of the Ordinance for the purpose of
implementing, monitoring, inspections, and enforcing the Ordinance.

 Failure to comply with the mandatory duties and obligations of establishment/buildings/public

utilities owners or persons-in-charge, etc. stated in the ordinance.

6. What are some of duties or obligations of establishment/buildings/public utilities owners or personsin-charge, etc.?

Posting of No-Smoking signages

Removal of ashtrays or the like
Strict implementation of the ordinance
Prohibition of sale of tobacco products inside entertainment establishments/public buildings

7. Who are the persons liable under the Ordinance?

1. Any person smoking any tobacco product or using Electronic Device System (E-Cigarettes), Shisha

and the like in any prohibited places except duly approved designated smoking areas;
2. The President or Manager in case of a company, corporation, or association or partnership of the

Owner/Proprietor or Operator in case of Single Proprietorship of Accommodation and Entertainment

establishment, whether tourism-accredited or not, enclosed or partially enclosed public places, public
buildings, public outdoor spaces or workplaces:

Who knowingly allows, abets, or tolerates and/or fails to report violators of the Ordinance to
any member of the ASTF or its duly deputized enforcers or any law enforcer of the nearest
police station immediately upon commission of the violation or

Who other fail to fulfill the mandatory duties and obligations stated before.

8. What are the penalties for violations of this Ordinance?

First Offense P1,000 or 1 month imprisonment or both at the discretion of the court;
Second Offense P2,500 or 2 months imprisonment or both at the discretion of the court;
Third and subsequent offenses P5,000 or 4 months imprisonment or both at the discretion of the court.
Places mentioned above violating for the first time will be placed under strict monitoring by the Business
Bureau;
Third and subsequent violations of the Ordinance shall be ground for cancellation of the establishments
business permit.
All cases involving a minor shall be referred to the City Social Services Development Office.
9. Will the fine or imprisonment be employed upon the violator immediately?
A person apprehended who does not wish to contest the violation and is willing to pay voluntarily the
administrative penalty imposed upon him/her prior to the filing of charges with the court shall be allowed to

pay an administrative penalty of P500 with the City Treas. Office to avoid being criminally prosecuted
within 3 days form apprehension.
10. Does this mean that a violator can escape prosecution every time he is caught just by paying 500
Pesos?
No. The no contest can only be availed once.
11. Is there any other requirement for the no contest rule aside from the administrative penalty?
Smoking cessation counseling in accredited clinics and district health centers is require after the penalty has
been paid. Notwithstanding the payment of the administrative penalty, the failure of any person to undergo
the smoking cessation counseling, shall still warrant the filing of the case in courts.
12. What are the points to look after regarding the enforcement?

In order for the apprehension to be valid the offender must be issued with a citation ticket.

The PNP and such other appropriate enforcers have the power to apprehend violators

Barangay official or representatives of the private sector, non-govt orgs. and govt orgs. may be
deputized in the strict implementation of the ordinance. They may eventually tap mall security
guards, security guards of establishments and traffic enforcers.