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REPUBLIC OF THE PHILIPPINES

CITY OF ILOILO
OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPT FROM THE MINUTES OF THE 34 REGULAR SESSION OF THE

SANGGUNIANG PANLUNGSOD OF THE CITY OF ILOILO, PHILIPPINES, HELD
AT THE SESSION HALL, 2ND FLOOR, ILOILO TERMINAL MARKET BUILDING,
ON WEDNESDAY, SEPTEMBER 06, 2006 /

PRESENT:

HON. GUILLERMO Y. DE LA LLANA

Presiding Officer

HON. STEVIE REY ABITANG, Pres., SK Federation

HON. JULIENNE L. BARONDA
HON. JOSE S. ESPINOSA, Ill, Assistant Floor Leader
HON. ELY A. ESTANTE, JR.
HON. JEFFREY P. GANZON
HON. MERCI DRILON-GARCIA
HON. RAMON CUA LOCSIN
HON. JED PATRICK E. MABILOG
HON. ARMAND S. PARCON
HON. EDUARDO L. PENAREDONDO, Floor Leader
HON. ERWIN J. PLAGATA
HON. PERLAS. ZULUETA

ABSENT:

HON. ERLINDA G. LIBERIAGA (On Leave) Member

\ HON. MARIETTA V. ORLEANS, Pres.,LigangmgaBrgy. Ex-Officio Member
(On Leave)

PrdtAAfL:
tlkv-- lli - d.d-1 ~ft AN ORDIN::g~:~~~~~;~~i~~~=:SIVE ANTI-
[ UV<.. Mt V,~M SMOKING ORDINANCE IN THE CITY OF ILOILO AND FOR
OTHER PURPOSES

Sponsored by Councilor Julienne L. Baronda,

Co-Sponsored by Councilor Merci D. Garcia
and seconded by Councilors Erwin J. Plagata and Jed Patrick E. Mabilog

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;

WHEREAS, pursuant to this policy, the City of Iloilo has enacted various anti-
Smoking Ordinances;

WHEREAS, upon the passage of Republic Act 9211 otherwise known as the
"Tobacco Regulation Act of2003", there is a need to review, revise and consolidate all
Anti-Smoking Ordinances of the City oflloilo;
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Page 2. Regulation Ordinance No. 2006- J50. 06 September 2006

WHEREAS, Section 39 of RA 921 I 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are inconsistent with the Tobacco Regulation Act are repealed or amended accordingly"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 Regulations provides city
and municipal mayors, building officials and the police with the responsibility of
ensuring full compliance with its tenets;

WHEREAS, DILG Memorandom 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 provisions of R.A. 9211 and its
Implementing Rules and Regulations;

WHEREAS, pursuant to the exercise of its police power, Section 16 and 177 of
the Local government 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 a need to pass
a new comprehensive local ordinance which will regulate smoking in public places and
conveyances in accordance with existing laws;

Be it ordained by the Sangguniang Panlungsod of Iloilo City, THAT:

SECTION 1. TITLE: Be it ordained that this Ordinance shall be known as,

"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 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 is enforceable and applicable

within the territorial jurisdiction of Iloilo City.

SECTION 4. DEFINITION OF TERMS.

a) "Accommodations & Entertainment Establishments"- refer to particular

public places such as restaurants, fast foods, eateries, hotels, lodges, inns,
coffee shops, night clubs, disco houses, videoke bars, resto bars, movie
houses, or any other place offering either food beverage, sleeping
accommodation, and recreation facilities to the public for a fee;

b) "Cigarette"' - refers to any roll or tubular construction which contains

tobacco or its derivatives and intended to be burned or heated under ordinary
conditions or use;

c) "Common Areas" - refer to the portion of the Accommodation &

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.
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Page 3. Regulation Ordinance No. 2006-150. 06 September 2006

d) "Designated Smoking Room " - refers to a delineated room inside the

accommodation establishment or public place or enclosed public place, which
is totally enclosed where a person is allowed to smoke without violating this .
ordinance.

e) "Enclosed Area" refers to an area that is physically separated from the

adjacent area by walls or partitions and a roof ceiling. The walls or partitions
must be continuous, interrupted only by doors,openings and windows. The
mere presence of a roof or ceiling over the structure, but without walls or
partitions surrounding said structure, does not constitute an enclosed area;

f) Person- refers to an individual, partnership, corporation or any other business

or legal entity;

g) "Public Building" refers to any of the following:

(1.)An 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 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) "Public Conveyances" - refer to the modes of transportation servicing the

general population, such as, but not limited to, airplanes, buses, taxi cabs,
ships, public utility jeepneys (PUJs), light trail transits, tricycles, trisikads and
other similar vehicles;

i) ~Public Place" - refers to enclosed or confined areas of all hospitals, medical

clinics, schools, public transportation, shopping malls, gymnasi~ and the
like;

j) "Schools" - refer to enclosed areas of centers of youth activities such as

playschools, preparatory schools, elementary schools, high schools, colleges
and universities;

k) "Smoking" - refers to the act of carrying a lighted cigarette or other tobacco

products, whether or not it is being inhaled or smoked;

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 cigarette, including any product
containing tobacco and intended for smoking or oral or nasal use;
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Page 4. Regulation Ordinance No. 2006-150. 06 September 2006

SECTION 5. PROHIBITED ACTS.

5.1. Smoking shall be absolutely prohibited in the following:

a) Schools;
b) Public Buildings
c) Public Conveyances and Government ~wned vehicles, whether moving
or stationery, while solicitation of passengers is going on or while the
vehicle is waiting for passengers. the absolute ban on smoking shall not
apply inter-island vessels where smoking areas have been designated but
shall be covered under section 5.2. Hereof, provided, said designated areas
conform with the specifications set forth in this Ordinance.
d) Locations in which fire hazards are present such as gasoline stations and
storage areas for inflammable liquids, gas explosives or combustible
material, whether open enclosed;
e) Within the buildings of public and private hospitals, medical, dental and
optical clinics;

5.2. Except in duly designated smoking areas, smoking shall be prohibited in any
of the following enclosed public places:

a) Accommodation and entertainment establishments. In the case of hotels,

lodges, inns and the like, the prohibition shall apply only to their
respective common areas;
b) Private workplaces open to the general public;
c) Public places not included in Section 5.1 hereof.

SECTION 6. DESIGNATED SMOKING AND NON-SMOKING AREA: In

all enclosed places included in Section 5.2 hereof which do not opt to declare their
establishment or place as totally free from smoking and where smoking may expose a
person other than the smoker to tobacco smoke, the owner, proprietor, operator,
possessor, manager or administrator of such places shall establish smoking and non-
smoking area. Such areas may include a designated area within the building, which may
be in an open space or separate area with the proper ventilation, but shall not be located
within the same room that has been designated as a non-smoking area.

SETION 7. Standards for Designated Smoking Area. - Any duly designated

area, other than in open space, whether tourism accredited or not, within the territorial
jurisdiction of Iloilo City as hereinabove defined, shall strictly observe the following
standards:

7.1 If the place or establishment is air conditioned, it must establish and

designate a smoking area, which shall not be more than one-fourth (1/4) of
the total area of the public place or establishment. It must be totally
enclosed on all sides and separated from the rest of the premises where
smoking is prohibited. it shall be equipped with an exhaust fan and with
adequate ventilation in conformity with the provisions of Presidential
Decree No. 1096, otherwise known as the "National Building Code" and
the Philippine Society of Mechanical Engineers Code".
7.2 If place or establishment is not air conditioned, it must establish and
designate a smoking area which shall not be more than one-fourth (1/4) of
the total area of the public place or establishment. It must be fully
ventilated and separated from the rest of the premises where smoking is
prohibited.
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Page 5. Regulation Ordinance No. 2006-150. 06 September 2006

Section 8. Signage for Designated Smoking and Non-Smoking Areas. All

designated smoking area shall have at least one (1) legible and visible sign posted saying
"SMOKING AREA" in English or Filipino for the information and guidance of all
concerned. Non-Smoking shall have at least one (I) legible and visible sign posted saying
"NON-SMOKING AREA" or "NO SMOKING" in English or Filipino for the
guidance of all concerned. The signs shall be placed conspicuously at the entrance of the
designated smoking and non-smoking area. 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. Duties of the City Health Office and the City Engineer's Office.
The City Health Office and City Engineer's Office are tasked 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
establishments) shall conduct an ocular inspection of all accredited and non-accredited
Tourism establishments in Iloilo City to determine compliance with the requirements of
this Ordinance.

SECTION IO.Penalties. Any individual violating Sections 5.1and5.2 of this

Ordinance shall be penalized as follows:
On the First Offense A fine of P500.00
On the Second Offense A fine of Pl, 000.00
On the Third offense and A fine of P5, 000.00
Subsequent Offenses

SECTION 11. Administrative Penalties. For violation of sections 6, 7, and 8 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 PS00.00
On the second Offense A fine of Pl, 000.00 and suspension
of business permit and license to
operate for one (1) week in case of
business entity or establishment.
On the Third offense and - A fme of P5, 000.00 and cancellation &
Subsequent offenses 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 I
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.
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Page 6. Regulation Ordinance No. 2006-150. 06 September 2006

SECTION 12. Creation Of The lloilo City Anti- Smoking Task Force
(ICAST). - The ICAST is hereby created to help the City mayor 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.

SECTION 13. ICAST BOARD: There shall be an ICAST Board, which shall be
the strategy-formulating body of ICAST. The ICAST board shall be composed of a
Chairperson and at least Twenty (20) members to be appointed by the City Mayor, as
follows:

Two (2) representatives from the business sector;

Three (3) representatives from the academe;
Two (2) representatives from the student sector;
Two (2) representatives from the religious sector;
Two (2) representatives from the media;
Three (3) representatives from the NGO
One (1) representative from the City Government
Two (2) representatives from the medical field
One (1) representative from the IBP
One (1) representative from the PNP (Ex-Officio City Police Director)
One (1) representative from the Transport Sector
The City Mayor may increase the number of members of the ICAST Board
without the necessity of amending this Ordinance.

SECTION 14. Powers Of The Board. The ICAST Board shall have the
following powers and functions:

a) Coordinate with appropriate offices of the City government particularly in

information dissemination campaign on anti-smoking measures that have to
be adopted;
b) Cause, direct and monitor the immediate investigation of cases involving
violation by any person for the violation of this Ordinance;
c) Recommend policies and coordinate the policy making process to the City
mayor in connection with the protection and enforcement of this ordinance;
d) Recommend to the Office of the City mayor the revocation of Business permit
of those public places and establishments who violates this ordinance;
e) Prepare and implement the fast tract anti-smoking plans of action and adopt
appropriate strategies and measure to ensure the effective and efficient
advocacy of the Anti-Smoking program with the adherence to the public;
f) Perform such other functions as may be assigned to it by the City Mayor.
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Page 7. Regulation Ordinance No. 2006-150. 06 September 2006

SECTION 15. Deputized Agents. The City mayor may appoint and deputized
as many individuals as he may deem necessary, which shall serve as the enforcement arm
ofICAST.

SECTION 16. Saving Clause. Nothing herein shall be construed as to limit the
powers of the City mayor to implement and execute the provisions of this Ordinance
pursuant to Local Government Code and such other existing laws.

SECTION 17. Implementing Rules and Regulations (IRRs). The City Mayor
shall formulate the Implementing Rules and Regulations for the effective implementation
of this ordinance within Fifteen (15) days from effectivity hereof.

SECTION 18. Transitory Provisions. 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, however the provisions of this ordinance
shall apply to those accused when the same is favorable to them.

Enclosed Public places and Accommodation and Entertainment Establishments

mentioned in section 5.2 hereof shall have sixty (60) days from effectivity hereof to
comply with the provisions of sections 6,7, and 8 of this Ordinance.

SECTION 19. Appropriations. The 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 20. 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 21. Repealing Clause. All other existing ordinances, which are
inconsistent with this Ordinance, are repealed or modified accordingly.

SECTION 22. Effectivity. This Ordinance shall take effect Fifteen (15) days
after its approval and publication in a newspaper of general circulation in the City of
Iloilo consistent with the provision of the local Government Code of 1991.

ENACTED, 06 September 2006.

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Page 8. Regulation Ordinance No. 2006-150, 06 September 2006

I hereby certify to the correctness of the above-quoted regulation ordinance.

COUNTERSIGNED BY:

OSDADAC.C 0
City Secretary q 1:i./04-

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~ge1i, Riegulation Ordinance No. 2006-150. 06 September 2006
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I hereby certify to the correctness of the above-quoted regulation ordinance.

COUNTERSIGNED BY:

City Secretary

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