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Republic of the Philippines
City oflloilo

OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPT FROM THE MINUTES OF THE 9rn REGULAR SESSION OF THE 34rn
SANGGUNIANG PANLUNGSOD OF THE CITY OF ILOILO, PHILIPPINES, HELD AT
THE SESSION HALL, NEW CITY HALL BUILDING, PLAZA LJBERTAD, ILOILO CITY,
ON TUESDAY, SEPTEMBER 10, 2013.
PRESENT:
HON. JOSE S. ESPINOSA Ill

Vice Mayor and Presiding Officer

HON. LYNDON V. ACAP
HON.RODELF.AGADO
HON. JOSHUA C. ALIM
HON. LADY JULIE GRACE L BAROND A
HON. RLEONEN. GEROCHI
HON. JASON R. GONZALES
HON. CARLOS P. GUARIN, LigangmgaB,gy. Pres.
HON. SHEEN MARIE S. MABILOG, SK Federation Pres.,
HON. PLARIDELC. NAVAII
HON. ARMAND S. PARCON
HON. EDUARDO L PENAREDONDO
HON LIEZL JOY ZULUETA-SALAZAR
HON. JOSE EFRAIN G. TRENAS ill
HON. NIELEX C. TUPAS (J'emporary Presiding Officer)

Member
Member
Member
Member
Member
Member
Ex Officio Member
Ex Officio Member
Member
Membf;:r
Member
Member
Member
Member

ABSENT:

None.
REGULATION ORDINANCE NO. 2013-348
AN ORDINANCE AMENDING REGULATION ORDINANCE 2006 -150
OIBERWISE KNOWN AS "AN ORDINANCE PROVIDING FOR A
COMPREHENSIVE ANTI-SMOKING ORDINANCE IN THE CITY OF
ILOILO AND FOR OTHER PURPOSES"

Sponsored by Councilor Joshua C. Alim and unanimously co~

sponsored by Councilors Lyndon V. Acap, Jason R. Gonzales,
Carlos P. Guarin, Liezl Joy Zulueta-Salazar, Lady Julie Grace L
Baronda, Jose Efrain G. Treiias III, Plaridel C. Nava II, Nielex C.
Tupas, R Leone N. Gerochi, Armand S. Parcon, Rode! F. Agado,
Sheen Marie S. Mabilog, and Eduardo L Peiiaredondo
WHEREAS, it is the policy of the City of Iloilo to protect the health of its citizens from
the hazards of smoking and second-hand smoke and instill health consciousness;

Reg. Ord. No. 2013-348. Seot 10. 2013

Page2

WHEREAS, upon the passage of Republic Act 9211 otherwise known as the "Tobacco

Regulation Act of 2003" there is a need to review, revise and consolidate all Anti-Smoking
Ordinances of the City oflloilo.

WHEREAS, the Republic of the Philippines, being a signatory of the Framework

Convention on Tobacco Control (FCTC) is determined to give priority to the right to
protect public health and to promote measures of tobacco control based on current and
relevant scientific, tec:hnical and economic considerations and agreed to implement the
measures provided in the treaty. Hence, there is a need to amend the existing Ordinance;
WHEREAS, Section 39 of RA 9211 explicitly provides that all ordinances which are
inconsistent with the Tobacco Regulation Act are repealed or amended accordingly and Title VI,
Rule II, section 2 of its implementing Rules and Regulation provides city and municipal mayors,
building officials and the police with the responsibility of ensuring full compliance with its
tenets;
WHEREAS, DILG Memorandum Circular No. 2004-85 enjoins all local chief executives
and local officers to cause the immediate enactment of ordinances to regulate smoking in public
places in accordance with the provision of R.A 9211 and its Implementing Rules and
Regulations;
WHEREAS, the Philippine Clean Air Act of 1999 (Republic Act No. 8749) declares
the right of every citizen to breath clean air, prohibits smoking inside enclosed public
places including public vehicles and other means of transportation, and other public places
and direct local government units to implements this provision.
WHEREAS, pursuant to the exercise of its police power Section 16 and 177 of the Local
iovemment Code of 1991, it is the duty of the City of Iloilo to adopt ordinances as shall be
necessary to fully provide for and protect the health, safety, comfort, convenience and general
welfare of the community and its inhabitants;
WHEREAS, to fully protect the public health and welfare, there is need to pass a new
comprehensive local ordinance which will regulate smoking in public places and conveyances in
accordance with existing laws;
NOW, THEREFORE, be it ordained by the Sangguniang Panlungsod of Iloilo City,
THAT:
SECTION I. TITLE. - This this Ordinance shall be known as "AN ORDINANCE
AMENDING THE COMPREHENSIVE ANTI-SMOKING ORDINANCE OF ILOILO
CITY";

SECTION 2. DECLARATION OF POLICY. - It is hereby declared the policy of the

City of Iloilo to protect its inhabitants as well as those who sojourn in its tenitorial jurisdiction
from the inimical effects of smoking and second-hand smoke and to promote the right to health
and instill health consciousness.

Reg. Ord No. 2013-348, Sept 10. 2013

Page3

SECTION 3. COVERAGE. - This Ordinance shall apply to all persons, whether

natural or juridical, whether resident or not, and in all places and enforceable and applicable
within the territorial jurisdiction of Iloilo City.
SECTION 4. DEFINITION OF TERMS. a)
"Accommodations and Entertainment Establishment - refer to establishments
that provide food, accom.m.odation, drinks, merchandise, entertainment, or other personal
services including but not limited to the particular public places open or enclosed such as
restaurant, fastfoods, eateries, hotels, lodges, inns, coffee shops, night clubs, disco houses,
videoke bars, resto bars, movie houses, or any other place with pleasant environment and
atmosphere conducive to comfort, healthful relaxation and rest, offering food or drinks,
sleeping accom.m.odation and recreation facilities to the public for a fee.
b)
"Cigarette" - refers to any roll or tabular construction which contains tobacco or its
derivates and intended to be burned or heated under ordinary conditions or use; the term
likewise includes Electronic devices systems, shishia and the likes.
c)
"Common Areas"- refer to the portion of the Accommodation and Entertainment
Establishments offering sleeping accommodations to the public for a fee, such as hotels, lodges,
inns and the like, being used in common by the public such as lobbies, hallways, stairs, elevators,
comfort rooms, function rooms and the like.
d)
"Designated Smoking Area"- refers to a delineated area outside the
accommodation establishment or public places, which is 10 meters away from entrances and
wall, where a person is allowed to smoke without violating this ordinance.
e)
"Enclosed or Partially enclosed means being covered by a roof or enclosed by
one or more walls or sides, regardless of the type of material used for the roof, wall or
sides, and regardless of whether the structure is permanent or temporary;
Person - refers to an individual, or judicial person such as partnership,
corporation or any other business or legal entity;
f)

g)

"Public Buildings" - refers to any of the following:

1)

An enclosed or partially enclosed building structure owned by the government or

owned by a private person but used, rented or occupied by the government or any
of its instrumentalities;

2)

Any enclosed or partially enclosed building or structure used, or controlled

exclusively for public purposes by any department or branch of government, local
government unit or barangay without reference to the ownership of the building;

Reg. Ord No. 2013-348. Sept. 10, 2013

Page4

h)
"Public Conveyances"- refers to the modes Of transportation servicing the general
population, such as, but not limited to, airplanes, buses, taxi cabs, ships, public utility jeepneys
(PUJ's), light trail transits, tricycles, trisikads and other similar vehicles;
i)
"Public Place" - means all places, fixed or mobile, that are accessible or open
to the public or places for collective use, regardless of ownership or right to access,
including, but not limited to, establishments that provide food and drinks, accommodation,
merchandise, professional services, entertainment or other services. It is also includes
outdoor spaces where facilities are available for the public or where crowd of people would
gather, such as, but not limited to, playgrounds, sports grounds or centers, church grounds,
health/hospital compounds, transportation terminals, market~ parks, open space
establishments, resorts, walkways, entrance ways, waiting areas, and the like.
j)
"Schools"- refers to area enclosed by fences and within the compound, and 10
meters from the front gate and front fence areas of centers of youth activities such as
playschools, elementary schools, high schools, colleges and universities;

"Smoking"- refers to the lighting and I or puffing of cigarette, cigar, tobacco

k)
products of any kind, form or type, electronic devices systems, Shishia and the like.
Possession of any lighted cigarette, cigar, or any tobacco product, or an actually operated
electronic device system, Shishia and the like with in the prohibited areas for smoking shall
constitute a prima facie evidence as an act of smoking prohibited by this Ordinance,
whether or not it is being inhaled or smoke;
1)
"Tobacco" - refer to the agricultural components derived from the tobacco plant,
which are processed for the use in manufacturing of cigarettes and other tobacco products;
m)
"Tobacco Products"- refers to any product that consist of loose tobacco that
contains nicotine and intended for the use of a cigarette, including any product containing
tobacco and intended for smoking or oral or nasal use;
n)
"Electronic Device System" - refers to any device such as electronic nicotine
device systems, electronic cigarette and similar devices, whether or not it is used to deliver
nicotine to the user, that resembles the outward appearance or real smoking products;
o)
"Shishia" - also known or referred to as water pipe, Shishia, Hookah,
Nargeela, Argeel, Nargile or any other name that refers to a device or instrument which
may have a single or multistemmed pipe for smoking, whether or not it delivers nicotine to
the user, in which the smoke is passed through a water basin before inhalation;
p)
"Workplaces" - an area, permanent or temporary, in which a person
performs duties of employment work, regardless of whether the work is done for
compensation or on a voluntary basis, and includes private offices, common area and any
other area which general,Y is used or frequented during course of employment or work.
Company-owned vehicles_ S.~d for transporting employees and guest or any vehicle used in
the course of work and co~red workplaces.

Reg. Ord No. 2013-348. Sept 10. 2013

Page5

SECTION 5. PROHIBITED ACTS (INDIVIDUAL). 5. I. Smoking or using Electronic device systems, shishia, and the likes shall be
ABSOLUTELY prohibited in the following:
a) Schools compounds and within 10 meters from entrance gates and fences of its
surrounding premises.
b) Public Buildings and within 5 meters from entrance and walls of its surrounding
premises.
c) Public Conveyances and Government - owned vehicles, whether moving or
stationary, with/without passenger or while in the act of solicitation of passengers is going on
or while the vehicle is waiting for passenger;
d)
Locations in which fire hazards are present such as gasoline stations and
storage areas for inflammable liquid~ gas explosives or combustible material, whether
open or enclosed;
e) Within 100 meters of the surrounding premises of the buildings of public and
private hospitals, medical, dental, optical clinics and pharmacies.
f)
Accommodation, such as hotels, motels and the likes;
g)
Restaurants, Ban, Disco houses, and other entertainment establishment;
h)
Private workplaces open to the general public;
i)
Public places where ten (10) or more persons convened;
j)
Waiting shed, with in the compound of plazas, in front of sari-sari stores,
wellness centers, recreation and exercise areas open or enclosed; within the compound of
churches, sport center, sport complex, gyms, cockpits and the likes;
k)
Any area owned by the government and dedared by the City Mayor thru
executive order as a no smoking area or place.
SECTION 6. PROHIBITED ACTS (ADMINISTRATIVE VIOLATION) a)
No signages of NO SMOKING in the entrance and inside the establishments.
b)
Providing ash trays in tables with in the NO SMOKING AREA.
c)
Knowingly allowing, abetting, or tolerating smoking any tobacco or using
Electronic device systems, shishia and the likes.
d)
Designating Smoking Area within the building or establishment.
e)
Selling/allowing minor to smoke in their establishments.
f)
Non-declaration in the Business Permit indicating that their establishment is
a smoke free establishment.
g)
Allowing Smoking during events.
h)
Selling of cigarette in front of schools within 100 meter (RA 9211).
i)
Selling of cigarette within the 20-meter perimeter of recreational activities,
hospitals, medical clinic~ pharmacies and laboratories.
j)
No "NO SMOKING" signages on Public Utility Vehicle.
SECTION 7. STANDARDS FOR DESIGNATED SMOKING AREA - No Smoking
Area is allowed inside establishments, buildings, and working place and alike. Smoking
shall only be allowed and should be in open spaces not covered by any wall and

Reg. Ord. No. 2013-348. Sept 10, 2013

Page6

roofing either pennanent or temporary except those mentioned in Sec:tion 5, 5:1 (j),
smoking is not allowed within 10 meters from any entrances and walls of establishment and
building, whether tourism accredited or not, within the territorial jurisdiction of Doilo City
as herein-above defined;
SECTION 8. NO SMOKING SIGNAGES. - Non-smoking signage shaU have at
least two (2) legible and visible sign posted in the Entrance and inside the Establishment
saying "NON-SMOKING AREA" or "NO SMOKING" in English or Filipino for the
guidance of all concerned, with a measurement not less than 3 inches height and 8 inches in
width and in bold letters with an international no smoking sign and under no circumstance
shall any mark, device, word or image associated with any tobacco company be included in
any of these signs and materials.
SECTION 9. PENALTIES. - Any individual violating sections 5.1 of this Ordinance
and the manager/owner of the establishment who tolerate the violation of this ordinance
shall be penalized as follows:
On the first offense

On the second offense

On the third offense and

Subsequent Offenses

A fine ofP500.00 and/or

24 hrs Community work and/
or 3 days imprisonment at the
discretion of the court
A fine ofPl,000.00 and/or
48 hrs Community work and/
or S Days imprisonment at the
discretion of the court
A fine of P5,000.00 and/or
60 hrs Community work and/
or 10 days imprisonment at the
discretion of the court

Adult violators who opted for the community works after paying the corresponding
fine shall be referred to the GSO for the assigned work. Minors who violated this ordinance
shall be referred directly to the nearest DSWD office and likewise be subjected to
community works above stated under the supervision of the DSWD.
SECTION 10. ADMINISTRATIVE PENALTIES. - For violation of Sections 7, 8,
and 9 and 14 of this ordinance, the person mentioned in the aforementioned sections and
business entity or establishment shall be penalized as follows:

On the first offense

On the second offense

a fine of Pl,500.00
a fine of Pl,500.00 and suspension of
business permit and license to operate
for one (1) week in case of business
entity or establishment.

..
Reg. Ord. No. 2013-348. Sept 10. 2013

On the third and Subsequent

Offense

Page7

a fine of P5,000.00 and cancellation

revocation of business permit and
license in case of business entity or
establishment

Due process shall be observed in the imposition of fines and suspension/revocation of

business permit and license. The procedure for suspension/cancellation of business permits as
provided for in Ordinance No. 399 as amended shall apply.

Payments of the fine shall be made directly to the office of the City Treasurer by
presenting the citation ticket issued by the ICAST within three (3) days from apprehension.
After three (3) days, the case may be filed against the violator through the City Legal
Office.

SECTION 11.
CREATION OF THE ILOILO CITY ANTI-SMOKING
TASKFORCE (ICAST). - The !CAST is hereby created to help the City Mayor to monitor,
implement and enforce the provisions of this Ordinance. ICAST shall be under the office of the
City Mayor and subject to his direct control and supervision through the designated Chairman.
ICAST Chairman
Shall be designated through an Executive Order of the Mayor and shall be the person
directly encharge in the implementation of this ordinance and its advocacy.
ICAST Director
Shall be designated through an Exec:utive Order of the Mayor and will be directly
responsible on administrative and direct implementation of this ordinance and will
recommend additional personnel, materials and transportation as deemed necessary under
the direct supervision of the ICAST Chairman and the Mayor.
ICAST Officer I Head of Operation
Shall be designated through an Executive Order of the Mayor and shall be responsible to
monitor and supervised all personnel designated as Agents by the Mayor to fully enforce
the provision of this ordinance.
ICAST Agents
Shall be designated through an Executive Order of the Mayor to fully implement and
enforced the provision of this ordinance and to issue Citation ticket I TOP ticket to
violators of this ordinance under the direct supervision of the ICAST Director

ICAST Head of Advocacy

Shall be designated through an Executive Order of the Mayor shall be responsible for all
advocacy activities, programs and events pertaining to Anti Smoking under the direct
supervision of the I CAST Director
SECTION 12. COMMUNITY WORK - ff the person decided voluntarily to serve
Community Work as penalty for violation of this ordinance, the person shall report for

Reg. Ord No. 2013-348, Sept 10. 2013

Pages

service to the General Service Office and be assigned to work with in the period of the
penalty and the General Service Office will issue Clearance for his Community work
served as evidence of complying the penalty of his violation.
SECTION 13. BUSINESS PERMIT - any entity who would do business with in the
territorial jurisdiction of Iloilo City, their Business Permit must indicate that they have not
designated smoking area on their premises and establishment.
SECTION 14. EVENTS - Sports events, concert, sponsored event, promotional
event and alike, in se<:uring permit of the event must secure a no smoking event permit
from the ICAST. During the event, the Organizer shall announce that the event is a no
smoking event and advising all guests/visitors not to smoke. If such event will allow
smoking, the promoter of the event shall be liable for violation of this ordinance and will be
subje<:ted to administrative/criminal penalty and will be banned in promoting events with
in the territorial jurisdiction of Iloilo City in the future.
SECTION 15. INSPECTION TEAM - Team composed of the City Health Office,
City Engineers Office, and ICAST Personnel and CENRO shall inspect establishment,
working places, schools, building and the likes, as to their compliance to this ordinance and
make recommendation on their findings to the Mayor or ICAST Chairman;
SECTION 16. RESPONSIBLE AGENCIES - The Legal Office shall process and
facilitate the filing of cases and assist the apprehending officer in reviewing the report of
violation and file appropriate charges in Court if the violator fails to submit receipt of
payment of violation of this ordinance to the ICAST office.
The Business and Permit Division shall order suspension or revocation of permits
and licenses of establishments found to have violated this ordinance, subject to the
provision of Section 10 here of and to deny renewal of permits for non-payment of fines.
The PNP City Director shall order all precinct commanders to implement and
apprehend violator of this ordinance and to issue citation ticket upon violation and to
submit monthly report of apprehension to the ICAST Office; PNP personnel on duty and
in-uniform are absolutely NOT allowed to smoke in public. Violation thereof will subject
PNP Personnel to administrative sanction;
TMTRO - All personnel under TMTRO Office shall ensure the strict
implementation of the ordinance on all public utility vehicles like bus, jeepney, taxi,
tricycle, trisikad and the likes and shall apprehend drivers violating this ordinance. All
TMTRO personnel are not allowed to smoke during their duties and while in uniform.
Violation of this provision committed by traffic enforcer shall subject the violator to
administrative sanction, such as suspension without fee, or dismissal from service.
SECTION 17. ABSOLUTELY NO SMOKING STREET - This ordinance declares
JM Basa St. and Iznart St. as No Smoking Streets as it is highly populated areas and
considered as Heritage Area and Tourism Destination.

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Reg. Ord No. 2013348.

Sept.

IO. 2013

Page9

The main thoroughfares/streets of Smallville Complex at Mandurriao, Iloilo City

and other similar complex are declared as a No Smoking premises only during events, such
as but not limited to Dinagyang Festival;

SECTION 18. COLLECTION. - Any amount coUected by the City Treasurer's

Office (CTO) for violation of this ordinance shall be set aside as a spttial fund for the
operation and continuous advocacy of tbe Iloilo City Anti Smoking Taskforce (ICAST) and
shall be withdrawn only upon the rttommendation of the Chairman and approval of the
Mayor subjec:t to the COA (Commission on Audit) rules and regulation.

SECTION 19. TRANSITORY PROVISION - Criminal cases pending before the

City Prosec:utor's office and the Municipal Trial Court for violations of previous AntiSmoking Ordinances shall not be dismissed.

SECTION 20. APPROPRIATIONS - Tbe amount necessary to implement the

provisions of this Ordinance shall be charged against the current year's appropriations.
Thereafter, such funds, as may be necessary, for the continued implementation of this
Ordinance shall be included in the budget.
SECTION 21. SEPARABILITY CLAUSE - If, for any reason or reasons, any part
or provision of this Ordinance be declared unconstitutional or invalid, the other parts or
provisions thereof not affected shall continue to be in fuU force and effect.
SECTION 22. REPEALING CLAUSE - AU other existing ordinances, which are
inconsistent with this Ordinance, are repealed or modified accordingly.
SECTION 23. EFFECTIVITY - This Ordinance shall take effect fifteen (15) days
after its approval and publication in a newspaper of general circulation in the City of Doilo
consistent with the provision of the Local Government Code of 1991.
ENACTED, September 10, 2013
I hereby certify to the correctness of the above quoted ordinance.

H.ARROYO
Secretary to the Sangguni
ATTESTED AND CERTIFIED
TO BE DULY ENACTED:

~~TUPAS

em~~u:;;;r:~iding Officer

T
!nots

APPROVED: