Villar, John Ezra G.

JD 1-1

The Right Step Against Smoking in the Tiger City: A Deeper Look On
Executive Order 26 S.2017, the Nationwide Smoking Ban And The Anti-
Smoking Laws and Ordinances Of The City Of Mandaluyong

I. INTRODUCTION
Smoking is a right that anyone whos in the legal age can enjoy, but of course,
every right given has its limits. This article will delve on the laws in the country
with an additional focus on the City of Mandaluyong that are restricting the said
vice. It will also tackle whether or not President Rodrigo Roa Dutertes Executive
Order 26 s.2017 is necessary with the laws already in play.
There are countries who have had a success when it comes to the
implementation of their smoking bans. One of them is Singapore. Actually, their
first prohibition was introduced in1970 and they have been expanding their
smoke-free places ever since one of the reasons for their success is how they
ask the community to play an active role by reminding smokers not to light up
their vices in the prohibited places.

Its not just the people who are in danger, this also takes a toll on the air that we
breathe. Whether its from the muffler of a car or the end of a cigarette stick,
they all add up to the Air Pollution in the country, more so in Metro Manila.

In the Philippines, there are a lot of areas where people smoke freely even with
the existing laws. The streets, the roads, even if near establishments that are for
the development children and young adults, its not impossible to see or smell a
person with a cigarette on hand.

Addressing this, President Rodrigo Roa Duterte enacted E.O. 26 s. 2017, the
Nationwide Smoking Ban and the law that strictly restricts smoking in enclosed
public places including public vehicles and other means of transport, and other
enclosed areas, and directs local government units to implement the prohibition.
(Sec 3)
In his previous statements before the enactment of the said ordinance, he did say
that this would be an upscale version of how he made Davao smoke free back
when he was the mayor.
In 2002, Davao City had the Comprehensive Anti-Smoking Ordinance which was
revised into Ordinance No. 0367-12 or the New Comprehensive Anti-Smoking
Ordinance.

Creating the Davao City Anti-Smoking Task Force, the said smoking ban now also
prohibits any tobacco product including e-cigarettes, shishas and the like.
Apart from that, Davao Oriental followed suit with Governor Nelson
Dayanghirang signing the revised Provincial Anti-Smoking Ordinance which
widened the scope of their previous ordinance that banned smoking only in
government offices. He said that this is in support of the national governments
campaign for the public to be more health conscious and with the Presidents E.O
against the vice.

II. THE LAWS ABOUT ANTI-SMOKING THAT WERE ALREADY IN EFFECT EVEN
BEFORE THE EO

Is there a lack of laws in our country that regulates smoking for this EO to exist?

Of course, as the constitution is the main law of the land and the bar that sets the
standard for other laws in the country, we must first take a look at what it holds
when it comes to smoking.

In Section 5 of the 1987 Constitution, it said that the protection of life and the
promotion of general welfare, were part of the principles of the state.

Section 15 clearly states, The State shall protect and promote the right to health
of the people and instill health consciousness among them.
Also, under Section 16 of the 1987 constitution, The State shall protect and
advance the right of the people to a balanced and healthful ecology in accord
with the rhythm and harmony of nature.

Of course, the state has the responsibility to make sure that anyone under it can
have the chance to live in a place where they can thrive and where they can be
healthy.

In connection with such, the executive order in question said, Whereas,

scientific evidence has unequivocally established that tobacco consumption and
exposure to tobacco smoke cause death, disease and disability, lead to
devastating health, social, economic and environmental consequences, and
places burdens on families, on the poor, and on national and local health
systems.

This holds true as a study shows that smoking is responsible for 1 out of 10
deaths worldwide and our country is one of the top users.

Not only in the constitution, there are actually statutes that already exists to
restrict and regulate smoking in most public areas. They are Republic Act 8749:
The Clean Air Act of 1999 and Republic Act 9211: the Tobacco Regulation Act of
2003. Actually, the above mentioned statutes were even mentioned in the said
EO and there were even parts in it that were almost copied word for word from
the previous articles.

Here are just some of the examples:

EO 26 says that it was made, in pursuit of the policy of the State to guarantee
the enjoyment of the right of every citizen to breathe clean air, Republic At No.
8749, or the Philippine Clean Air Act of 1999, prohibits the smoking inside
enclosed public places including public vehicles and other means of transport,
and other enclosed areas, and directs local government units to implement the
prohibition.

In section 24 of the Clean Air Act, it says that it is unlawful to smoke inside public
buildings or any enclosed public place, vehicles, and any enclosed area outside
of ones private residence, private place of work or any duly designated smoking
area. is hereby prohibited under this Act. This provision shall be implemented by
the LGUs.

The Tobacco Regulation Act of 2003, meanwhile, bans smoking in enclosed public
areas and requires establishments to designate a smoking area.

Similar to the above-mentioned section of the Clean Air Act, the latter part of the
EOs section 4 even copied almost word for word section 5 of RA 9211, a
provision which covers the places where smoking publicly is absolutely
prohibited.

SECTION 5. Smoking Ban in Public Places.Smoking shall be

absolutely prohibited in the following public places:

a. Centers of youth activity such as playschools, preparatory

schools, elementary schools, high schools, colleges and universities,
youth hostels and recreational facilities for persons under eighteen
(18) years old;

b. Elevators and stairwells;

c. Locations in which fire hazards are present, including gas stations

and storage areas for flammable liquids, gas, explosives or
combustible materials;

d. Within the buildings and premises of public and private hospitals,

medical, dental, and optical clinics, health centers, nursing homes,
dispensaries and laboratories;

e. Public conveyances and public facilities including airport and ship

terminals and train and bus stations, restaurants and conference
halls, except for separate smoking areas; and

f. Food preparation areas.

SECTION 4 of EO 26 lists the following:

(a) Centers of youth activity such as playschools, preparatory

schools, elementary schools, high schools, colleges and universities,
youth hostels and recreational facilities for minors;

(b) Elevators and stairwells;

 (c) Locations in which fire hazards are present, including gas
stations and storage areas for flammable liquids, gas, explosives or
combustible materials;

(d) Within the buildings and premises of public and private hospitals,
medical, dental, and optical clinics, health centers, nursing homes,
dispensaries and laboratories;

(e) Food preparation areas.

Comparing RA 9211 and EO 26 further, the provisions that are aimed towards
prohibiting selling and/or distributing tobacco products in schools and all places
frequented by minors are also similar.

Apart from all this, theres also the fact that almost every city and municipality in
the country has come up with ordinances against smoking in public. In 2004
alone, there were at least 340 Local Government Units who launched 450 local
anti-smoking ordinances.

III. THE CITY OF MANDALUYONG AND ITS BATTLE WITH SMOKING.

But how about the Local Government of the City of Mandaluyong? What are the
ordinances that were enacted by the Local Government Unit (LGU) to lessen the
public smoking situation in Tiger Citys most public of places?
Although it may be not as intensive as Makati or Davao, the City definitely has its
fair share of restrictions and liberties when it comes to smoking in public,
particularly in public establishments.

The most notable is Ordinance No. 535, S2014, 7.54, or the Green Building
Regulations of Mandaluyong City.

In the said ordinance, a list of places required to have a Designated Smoking

Area was released. Intensive and detailed, the ordinance even gave
requirements for the DSAs.

B. Requirements
1. Designated Smoking Area
a. All building types shall impose a NO SMOKING policy within the building and
property premises, except in special designated smoking areas
b. Adequately sized and placed signs shall be in conspicuous areas of the building
and property premises to remind building occupants of the ruling. Measures or
sanctions may be imposed on violators by the building owner if the ban is not
adhered to.
c. If provided, outdoor designated smoking areas shall be naturally ventilated,
outside of the building shell and away from building entrances, windows and
outside supply air (OSA) intakes by at least ten (10) meters
d. If provided, indoor designated smoking areas shall be partitioned from the rest
of the indoor areas. Partitions shall be from floor to soffit of the next floor or roof
structure. Enclosed smoking areas shall be equipped with adequate exhaust
system with exhaust rate as per 2010 PSVARE. Exhaust shall directly vent out to
the outside of the building and away from any building openings or air intakes.
Enclosed smoking area door and windows shall always be closed and well-sealed.
Negative pressure within is recommended to prevent smoke infiltration to
adjacent spaces.
In lieu of all this, we must ask, if an EO on a smoking ban that are covered by
multiple laws already still necessary or should the Government and the LGUs take
a step in a different direction.

IV. THE OTHER FACTORS OF THE SMOKING BANS NATIONWIDE AND THE ISSUES
THEY FACE.

According to Former health secretary Alberto Romualdez in an interview, the

national laws mandate the smoking ban in public places but it is the local
ordinances that are more likely to be implemented by the local governments.
Except for the cities of Davao and Makati, few cities were able to sustain full and
effective implementation of local anti-smoking ordinances, according to a
briefing paper on best LGU tobacco control programs by the Institute of Health
Policy and Development Studies of the University of the Philippines.
The former health secretary then cited that the implementation of smoking bans
have been weak and that one of the problem that should be addressed is how
there is a lack of awareness when it comes to the health hazards the hobby or
past time can bring.

According to former Health Undersecretary Alexander Padilla, Many people still

see it as a hobby or past time without realizing its health hazards. This is seen as
a major problem as there are people who lacks awareness on the downside of
smoking.

Apart from all that, there are other factors that comes to play when it comes to
the question why smoking is still hard to curb in the country. Money plays a hard
role as apart from the investors of the tobacco business, the business and the
tourism sectors are saying that a ban can actually drive away tourists and their
customers, thus reducing their income.

V. CONCLUSION

With all that said, its clear to say that there is no shortage of laws when it comes
to the curbing the of the vice known as smoking. From the constitution to the
ordinances, the laws are clear on protecting the citizens who are not keen into
inhaling second-hand smoke full of chemicals.

Known as one of the cities in Metro Manila that is proactive when it comes to
anti-smoking, Mandaluyong was part of the G-7, a group that consists of the
aforementioned city, Manila, Makati, Pasig, Caloocan, Marikina, and Quezon City,
who have long adopted the anti-smoking law. Most of these cities restricted
smoking in several establishments, enforced outdoor advertising ban, and
created task forces to deal with the offenders.

Notably, one of its ordinance, Green Building Regulations of Mandaluyong City

The city makes sure that the people who choose to smoke can have a place
where they can do what they are craving to do the most without giving any
trouble to others.

In conclusion, E.O. 26, if implemented like the laws that preceded it and without
the proper manpower, the order could just fall into obscurity in time.
VI. RECOMMENDATIONS

Even with E.O. 26, its no secret that there are still some people smoking in
enclosed public spaces and transport, the same holds true for the City of
Mandaluyong.

Instead of laws that repeats what already has been said, whats necessary is that
the implementation of the said laws be properly executed and that the public be
informed more and more about the dangers of smoking cigarettes.

Apart from this, the mass, the people who are most concerned about the dangers
of second-hand smoke should be given an easier way to report offenders like
public utility vehicle drivers and uniformed men so that the public can further
protect itself.