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REPUBLIC OF THE PHILIPPINES

CITY OF ILOILO
OFFICE OF THE SANGGUNIANG PANLUNGSOD
EXCERPT FROM THE MINUTES OF THE 43RD REGULAR SESSION OF THE SANGGUNIANG
PANLUNGSOD OF THE CITY OF ILOILO, PHILIPPINES, HELD AT THE SESSION HALL, 6'H NEW CITY
HALL BUILDING, PLAZA LIBERTAD, ILOILO CITY, ON TUESDAY, DECEMBER 2, 2014
PRESENT:
HON. JOSE S. ESPINOSA Ill
City Vice Mayor & Presiding Officer

HON. LYNDON V. ACAP

HON.RODELF.AGADO
HON. JOSHUA C. ALIM, Floor Leader
HON. LADY JULIE GRACE L. BARONDA
HON. R LEONE N. GEROCHI
HON. JASON R. GONZALES
HON. CARLOS P. GUARIN, Pres.,Liga ng mga Barangay
HON. PLARIDEL C. NAVA, II, Asst. Floor Leader
HON. ARMAND S. PARCON
HON. EDUARDO L. PENAREDONDO
HON. LIEZL JOY ZULUETA-SALAZAR
HON. JOSE EFRAIN G. TRENAS Ill
HON. NIELEX C. TUPAS

Member
Member
Member
Member
Member
Member
Ex-Officio Member
Member
Member
Member
Member
Member
Member

ABSENT:
None.
REGULATION ORDINANCE NO.: 2014-527
AN ORDINANCE AMENDING REGULATION ORDINANCE NO. 2013-348 OR AN
ORDINANCE AMENDING REGULATION ORDINANCE NO. 2006-150 OTHERWISE 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 seconded by Councilors
Jason R. Gonzales, Carlos P. Guarin, Lady Julie Grace L. Baronda, Efrain G. Trefias Ill,
Armand S. Parcon, Eduardo L. Penaredondo, R. Leone N. Gerochi, Plaridel C. Nava II,
Liezl Joy Zulueta-Salaza; Nielex C. Tupas, Lyndon V. Acap and Radel F. Agado
WHEREAS, it is the policy of the City of lloilo to protect the health of its citizens from the hazards of
smoking and second-hand smoke and instill health consciousness;
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 of lloilo.

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 to tobacco control based on current and relevant scientific, technical and economic
considerations and agreed to implement the measures provided in the treaty. Hence, there is a need to
amend the existing Ordinance;

Reg. Ord. No. 2014-527, Dec. 02, 2014

Page 2

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 17 of the Local Government Code
of 1991, it is the duty o the City of lloilo 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, THEREFOE, be it ordained by the Sangguniang Panlungsod of lloilo City, THAT:
SECTION 1. TITLE. - 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 lloilo to protect
its inhabitants as well as those who sojourn in its territorial jurisdiction from the inimical effects of smoking and
second-hand smoke and to promote the right to health and instill health consciousness.
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 lloilo
City.
SECTION 4. DEFINITION OF TERMS. a)
"Accommodation and Entertainment Establishment - refer to establishments that provide
food, accommodation, 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 accommodation 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 room and the like;
d)
"Designated Smoking Area" - refers to a delineated area outside the accommodation
establishments or public places, which is 10 meters away from entrances and wall, where a person is allowed
to smoke without violating this ordinance;

Reg. Ord. No. 2014-527, Dec. 02, 2014

e)

Page 3

"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;
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;

h)

"Publ'lc Conveyances" - refers to the modes of transportation servicing the general population,
such as, but not limited lo, 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 1 entertainment or other services. lt 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, markets, parks, open space
establishments, resorts, walkways, entrance ways, waiting areas 1 and the like;

j)

"Schools" - refers to area enclosed by fences and within the compounds, 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;

k)

"Smoking" - refers to the lighting and I or puffing of cigarette, cigar, tobacco products of
any kind, form or type, electronic devices systems, shishia and the like. Possession of
any lighted cigarette, cigar, or ant 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;

I)

"Tobacco" - refer to the agriculture 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;

Reg. Ord. No. 2014-527, Dec. 02, 2014

Page 4

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 whfch 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 other area which generally
is used or frequented during course of employment or work. Company-owned vehicles
used for transporting employees and guest or any vehicle used in the course of work and
considered workplaces.

SECTION 5.

PROHIBITED ACTS (INDIVIDUAL).

5.1.

Smoking or using Electronic device system, 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 and 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 passenger;
d) Locations in which fire hazards are present such as gasoline station and storage areas
for inflammable liquids, gas explosives or combustible material, whether open or
enclosed;
e) Within 100 meters of the surrounding premises of the buildings of public or private
hospitals, medical, dental, optical clinics and pharmacies;
f) Accommodation, such as hotels, motels and the likes;
g) Restaurants, Bars, 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, within the compound of plazas, in front of sari-sari stores, wellness
centers, recreation and exercise areas open or enclosed; within the compound of
churches, sports center, sport complex, gyms, cockpits and the likes;
k) Any area owned by the government and declared by the city mayor thru executive
order as a new a smoking area or place;
I) Defacing, tampering, removing of anti-smoking stickers. decals, tarpaulins and
alike;
m) Usurpation of authority of ICAST agents;
n) Any violator who refuses to reveal his or her identity shall be liable under this
ordinance and shall be penalized under section 5 hereof.

SECTION 6.

PROHIBITED ACTS (ADMINISTRATIVE VIOLATION)-

a. No signages of NO SMOKING in the entrance inside the establishments.

b. Provides ashtrays in tables within the NO SMOKING AREA
c. Knowingly allowing, abetting, or tolerating smoking any tobacco or using electronic device
systems, shishia and alikes.
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.

Reg. Ord. No. 2014-527, Dec. 02, 2014

Page 5

g. Allowing Smoking during events.

h. Selling of cigarette in front of schools within 100 meter (RA 9211 ).
1.

Selling of cigarette within the 20-meter perimeter of recreational activities, hospitals,

medical clinics, 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 roofing either permanent or temporary except those
mentioned in Section 51 5:1 U), 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 lloilo

City as herein-above defined;

SECTION 8. NO SMOKING SIGNAGES. - Non-smoking signage shall 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 al! 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

A fine of P500.00 and/or

24 hrs Community work and/
Or 3 days imprisonment at the
Discretion of the court

On the second offense

A fine of P1,000.00 and/or

48 hrs Community work and/
Or 5 days imprisonment at the
Discretion of the court

On the third offense and

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, 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

a fine of P1,500.00

On the second offense

a fine of P2,500.00 and suspension

Of business permit and license to
Operate for one (1) week in case
Of business entity or establishment

Reg. Ord. No. 2014-527, Dec. 02, 2014

On the third and Subsequent

Page 6

a fine of PS,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 fine shall be made directly to the office of the City Treasurer by presenting the
citation ticket 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 TASK FORCE (ICAST). - The
ICAST 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 Executive 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/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 fully implement and enforced the provision
of this ordinance and issue Citation ticket/TOP ticket to violators of this ordinance under the direct
supervision of the ICAST Director.
ICA f Head of Advocacy
Sh I be designated through an Executive order of the Mayor shall be responsible for all advocacy
tivities, programs and events pertaining to Anti Smoking under the direct supervision of the !CAST
irector.
SECTION 12. COMMUNITY WORK. - If the person decided voluntarily to serve Community Work
as penalty for violation of this ordinance, the person shall be report for service to the General Service
Office and be assigned to work within 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 this violation.
SECTION 13. BUSINESS PERMIT. - Any entity who would do business within the territorial
jurisdiction of lloilo 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
securing permit of the event must secure a no smoking event permit from the ICAST. During the event

Reg. Ord. No. 2014-527, Dec. 02, 2014

Page 7

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 liable for violation of this
ordinance and will be subjected to administrative/criminal penalty and will be banned in promoting
events within the territorial jurisdiction of the lloilo City.

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 and 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 supervision or revocation of permits and licenses of
establishments found to have violated this ordinance, subject to the provision of Section 10 hereof 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 the 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;
Security Agencies shall see to it that their guards on duties are strictly implementing the
provision of this ordinance. Failure to implement thereof shall be punishable under section 10 hereof.

SECTION 17. ABSOLUTELY NO SMOKING STREET. - This ordinance declares JM Basa St.,
lzanart St. and Fermin Caram Avenue as No Smoking Streets as it is highly populated areas and
considered as Heritage Area and Tourism Destination.
The main thoroughfares/streets of Smallville Complex at Mandurriao, lloilo 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 collected by the City Treasurer's Office (CTO) for
violation of this ordinance shall be set aside as a special fund for the operation and continuous advocacy
of the lloilo City Anti Smoking Task Force (ICAST) and shall be withdrawn only upon the recommendation
of the Chairman and approval of the Mayor subject to the COA (Commission on Audit) rules and
regulation.
SECTION 19. TRANSITORY PROVISION. - Criminal cases pending before the City Prosecutor's
Office and the Municipal Trial Court for violations of previous Anti Smoking Ordinances shall not be
dismissed.
SECTION 20. APPROPRIATIONS. - The amount necessary to implement the provisions of this
Ordinance shall be charged against the current year's appropriation. Thereafter, such funds, as may be
necessary, for the continued implementation of this Ordinance shall be included in the budget.


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Reg. Ord. No. 2014-527, Dec. 02, 2014

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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 full force and effect.
SECTION 22. REPEALING CLAUSE. - All 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 lloilo consistent with the provision of
the Local Government Code of 1991.
ENACTED, December 2, 2014
I hereby certify to the correctness of the above quoted ordinance.

UTH H.ARROY
Secret ry to the Sanggu
ATTESTE
TO BED

. ESPINOSA Ill
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