ORDINANCE NO.

65
Series of 2007
ORDINANCE REVISING ALL EXISTING ANTI SMOKING ORDINANCES IN TAGUIG
CITY, EXPANDING THE COVERAGE AND PROVIDING PENALTIES FOR
VIOLATION THEREOF
Introduced by:
Coun. Milagros F. Valencia
Coun. Allan Paul C. Cruz
Coun. Ma Rebecca Carissa R. Tiga
Coun. Delio J. Santos
Coun. Arvin Ian Alit
Coun. Gamaliel N. San Pedro
Coun. Aurelio Paulo R. Bartolome
Coun. Ronnette O. Franco
Coun. Ricardo J. Jordan
Coun. Baltazar T. Mariategue
Coun. Marisse Balina-Eron
Coun. Jaime R. Labampa
Coun. Estela A. Gasgonia
Coun. Darwin B. Icay
Coun. Erwin G. Manalili
Coun. Baby Gloria V. De Mesa Liga Pres. Conrado C. Aquino, Sr.
SK Fed. Pres. Jeffrey B. Morales
WHEREAS, Republic Act 9211 AN ACT REGULATING THE PACKAGING,
USE, SALE, DISTRIBUTION AND ADVERTISEMENTS OF TABACCO PRODUCTS
AND FOR OTHER PURPOSES was enacted by the Senate and House of
Representatives on June 2 and June 3, 2003 respectively;
WHEREAS, it is the policy of the City of Taguig to promote the health and
welfare of its citizens and safeguard public health and, in particular, to ensure the
physical well being of smokers and non-smokers alike by discouraging cigarette or cigar
smoking and tobacco use;
WHEREAS, scientific studies reveal that smoking and the effect of second-hand
smoke pose serious health hazards to persons who are in the presence of smokers;
WHEREAS, thousands of Filipinos, smokers and even non-smokers who are
exposed to second hand tobacco smoke succumb or die each year due to lung cancer,
chronic obstructive pulmonary diseases, cardio-vascular and respiratory diseases;
WHEREAS, the right of the citizenry to a cigarette and tobacco smoke free
environment shall be ensured by a Ban on Smoking in public conveyances, in all public
buildings and enclosed public places.
NOW THEREFORE, BE IT ENACTED, AS IT IS HEREBY ENACTED BY THE
SANGGUNIANG PANLUNGSOD OF TAGUIG CITY, BY VIRTUE OF THE POWERS
VESTED IN IT BY LAW, IN SESSION ASSEMBLED THAT:
RULE I - TITLE
Section 1. This Ordinance shall be known as the REVISED ANTI SMOKING
ORDINANCE OF TAGUIG.

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RULE II - DEFINITION OF TERMS

A. Cigarette refers to any roll or tubular construction, which contains
tobacco or its derivatives and is intended to be burned or heated under
ordinary conditions of use;
B. Distributor refers to any person to whom a tobacco product is delivered
or sold for purposes of distribution in commerce, except that such term
does not included a manufacturer or retailer or common carries of such
product;
C. Minor refers to any person below eighteen (18) years old;
D. Manufacturer refers to any person or entity, including a re-packer, who
makes, fabricates, assembles, processes, or labels a finished product;
E. Package refers to packs, boxes, cartons or containers of any kind in
which any tobacco product is offered for sale to consumers;
F. Person refers to an individual, partnership, corporation or any other
business or legal entity;
G. Public Conveyances refers to the modes of transportation servicing the
general population, such as, but not limited to elevators, airplanes, buses,
taxicabs, ships, jeepneys, light rail transits, tricycles, and similar vehicles;
H. Public Places refer to enclosed or confined areas of all health care
facilities, medical clinics, schools, public transportation terminals and
offices, and buildings such as private and public offices, recreational
places, shopping malls, movie houses, hostels, restaurants, cocktail
lounges, dance halls, day and night clubs, bars, billiard halls, casino,
amusement centers and the like;
I. Retailer refers to any person who or entity that sells tobacco products to
individuals for personal consumption;
J. Smoking refers to the act of carrying a lighted cigarette or other tobacco
products, whether or not it is being inhaled or smoked;
K. Tobacco refers to agricultural components derived from tobacco plant,
which are processed for use in the manufacturing of cigarettes and other
tobacco products;
L. Tobacco Product refers to any product that consists of loose tobacco
that contains nicotine and is intended for use in a cigarette, including any
product containing tobacco and intended for smoking or oral or nasal use;
M. Point-of-Sale refers to any location at which an individual can purchase
or otherwise obtain tobacco products. For the purpose of these Rules,
itinerant/ ambulant vendors are not covered by the term point-of-sale;

N. Premises refers to a tract of land and the building or buildings thereon,

including the open spaces between the buildings located on the same
tract of land and within the perimeter of said tract of land;
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O. Enclosed area refers to an area that is physically separated from

adjacent areas by walls or partitions and a roof or ceiling. The walls or
partitions must be continuous, interrupted only by doors 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.
RULE III - SMOKING BAN AND DESIGNATION OF SMOKING AREAS
Section 1. SMOKING BAN IN PUBLIC PLACES Promotion, distribution,
sale and 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 which shall include, but are not limited to, playgrounds, parks and
play courts;
b. Elevators and stairwells;
c. Locations in which fire hazards are present, including but not limited to
gas stations and storage areas for flammable liquids, gas, explosives
or combustible materials;
d. Within the buildings and premises of government institutions/
offices/units; such as City and Barangay Halls, Police Stations, and
public and private health care facilities, hospitals, medical, dental, and
optical clinics, health centers, nursing homes, health care facilities,
dispensaries and laboratories;
e. Public conveyances and public places and/ or facilities including
airports and ship terminals and train and bus stations, restaurants and
conference halls, cocktail lounges, dance halls, day and night clubs,
bars, billiards halls, casinos, amusement centers, except for separate
smoking areas; and
f. Food preparation areas. When used in these rules food preparation
areas shall include areas where food or beverage is actually being
manufactured or prepared.
Section 2. SMOKING BAN IN PUBLIC CONVEYANCES; EXEMPTION The
absolute ban on smoking in public conveyances mentioned in the preceding section
does not apply to inter-island vessels, where smoking areas have been designated;
Provided, said designated smoking areas conform to the specification set forth under
these Rules.
Section 3. DESIGNATION OF SMOKING AND NON-SMOKING AREAS In
all enclosed places that are open to the general public, private workplaces and other
places not covered under the preceding section, 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
areas, such areas may include a designated smoking area within the building, which
may be in an open space or a separate area with proper ventilation and exhaust

system, but shall not be located with the same room that has been designated as a nonsmoking area.
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Section 4. STANDARDS FOR DESIGNATED SMOKING AREAS The

owners, proprietors, operators, possessors, managers or administrators of
establishments not covered by Section 1 of this Rule shall determine the size and
specifications of the smoking or non-smoking area: Provided, that the following
standards shall be observed:
4.1 The designated smoking area than in an open space shall be
completely enclosed or physically separated from the rest of the
premises and equipped with adequate exhaust and ventilation in
conformity with the provisions of Presidential Decree No. 1096,
otherwise known a the National Building Code, and the Philippine
Society of Mechanical Engineers Code.
4.2 Separation of the designated smoking area other than in an open
spaces shall be affected through any of the following means:
4.2.1. The designated smoking area must be fully separated from
smoke-area by continuous floor-to ceiling or floor-to-floor solid
partitions which are interrupted only by doors equipped with
door closers, and which must be constantly closed except
when a person is entering or existing the area; or
4.2.2. The designated smoking area must be set apart, enclosed or
confined by means other than those described in Section 4.2.1
above: Provided, that said means enable compliance with air
quality standards set forth in the National Building Code and
the Philippine Society of Mechanical Engineers Code. Said
standards are reproduced and attached hereto as Schedule
A, and made an integral part of the Rules.
Section 5. SIGNAGES FOR DESIGNATED SMOKING AND NON-SMOKING
AREA All designated smoking area shall have at least one (1) legible, conspicuous
and visible sign posted, namely SMOKING AREA for the information and guidance
of all concerned. In addition, the sign of notice posted shall include a warning about
the health effects of direct or second hand exposure to tobacco smoke. Non-smoking
areas shall likewise have at least one (1) legible, conspicuous and visible sign, namely
NON SMOKING AREA or NO SMOKING.
For Public Conveyances, the owner/operator or driver shall post a
conspicuous NO SMOKING sign inside the vehicle where passengers can easily read
it.
RULE IV - ACCESS RESTRICTIONS
Section 1. VENDING MACHINE AND SELF-SERVICE FACILITIES The
sale or distribution of tobacco products by means of a vending machine or any selfservice facility or similar contraption or device is prohibited, unless the vending
machine has a mechanism for age verification.
Section 2. RETAILER COMPLIANCE WITH RESPECT TO SELF SERVICE
FACILITIES Each retailer shall ensure that all tobacco-related self-service displays

or facilities, advertising, labeling and other items that are located in the establishment
of the retailer that do not comply with the requirements of these rules are removed or
brought into compliance with the requirement of this ordinance.
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Section 3. SINAGE AT POINT-OF-SALE Point-of-Sale establishments

offering, distributing or selling tobacco products to consumers shall post the following
statement in a clear and conspicuous manner: SALE/ DISTRIBUTION TO OR
PURCHASE BY MINORS OF TOBACCO PRODUCT IS UNLAWFUL or IT IS
UNLAWFUL FOR TOBACCO PRODUCTS TO BE SOLD/DISTRIBUTED TO OR
PURCHASED BY PERSONS UNDER 18 YEARS OF AGE.
Section 4. MINIMUM AGE FOR ACCESS TO TOBACCO PRODUCTS The
sale or distribution to, as well as the purchase from, any minor of cigarettes and other
tobacco products is absolutely prohibited. As such, it shall be unlawful:
a. For any retailer of tobacco products to sell or distribute tobacco
products to any minor;
b. For any person to purchase cigarettes or any tobacco products from
a minor;
c. For a minor to sell or buy cigarettes or any tobacco products; and
d. For a minor to smoke cigarettes or any tobacco products.
Section 5. IGNORANCE OF REAL AGE OF MINOR NOT A DEFENSE It
shall not be a defense for the person selling, distributing or purchasing cigarettes or
any tobacco products that he/she did not know or was not aware of the real age of the
minor to whom said cigarettes or any tobacco product was sold or distributed, or from
whom they were purchased, as the case may be. Neither shall it be a defense that
he/she did not know nor had any reason to believe that the cigarette or any tobacco
product was for the consumption of the minor to whom was sold.
Section 6. SALE OF TOBACCO WITHIN THE PERIMETERS OF CENTERS
OF YOUTH ACTIVITY The sale or distribution and promotion of tobacco products is
prohibited within one hundred (100) meters form any point of the perimeter of a
school, public playground or other facility frequented particularly by minors.
Section 7. PROOF OF AGE VERIFICATION In case of doubt as to the age
of the buyer, retailers shall verify, by means of any valid form of identification paper
containing both the photograph and the date of birth of the bearer, such as, but not
limited to, passport, drivers license, Social Security System identification card, postal
identification card and the like, that the buyer is at least eighteen (18) years old.
Section 8. APPICATION FOR DESIGNATION OF SMOKING AREA,
IMPOSITION OF FEES Owners of establishments not declared totally non-smoking
area may designate a separate Smoking Area. In addition to other requirements
provided by existing laws, ordinances, rules and regulations, shall apply for approval
and Certification of Operation with Taguig City Health Office and pay the following
fees:
a. Filling Fee One Thousand Pesos (P1,000.00) upon filing of
application.
b. Inspection Fee One Thousand Pesos (P1,000.00) to be paid prior
to inspection.

c. Processing Fee Five Hundred Pesos (P500.00) to be paid upon

approval of Application and release of Permit to Operate Smoking
Area.
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d. Operators shall pay annually One Thousand Pesos (P1,000.00) per

square meter for the operation of Smoking Area for the first 25% and Five
Hundred Pesos (P500,00) per square meter in excess of the said 25%
floor space allotted for the smoking area.
e. Operators shall submit the following requirements for Application:
1. Three (3) sets of establishment floor plan showing the actual
location and measurement of Smoking Area.
2. Certificate of Occupancy
3. Business Permit
Operators of establishments already maintaining Smoking Areas prior to
passage of this Ordinance shall conform with the requirements specified under
Schedule A of these Rules and pay the Annual Fee as stated in Section 8 letter d.
RULE V - PENAL PROVISIONS
Section 1. PUNISHABLE ACTS The following Acts are punishable
under the Ordinance:
1.1 Smoking in designated public places where smoking is prohibited;
1.2 Non-compliance by the owners, proprietors, operators, possessors,
managers or administrators of enclosed places open to the general
public, public and private workplaces and other places not covered
under Section 3, Rule III of the Ordinance;
1.3 Sale or distribution of tobacco products by means of vending
machine or self-service facility, unless the vending machine or similar
contraption has a mechanism for age verification under Section 1,
Rule IV of the Ordinance;
1.4 Non-compliance by the retailer to the requirements of Section 2, Rule
IV of the Ordinance;
1.5 Sale of tobacco products to or by a minor under Section 4, Rule IV of
the Ordinance.
1.6 Sale of tobacco products within one hundred (100) meters from any
point of the perimeter of a school, public playground or other facility
frequented particularly by minors under Section 6, Rule IV of the
Ordinance;
1.7 Non-compliance with the required signage in a point-of-sale
establishment under Section 3, Rule IV of the Ordinance.
Section 2. PENALTIES The following penalties shall apply:
A. VIOLATION OF Rule III, SECTION 1, 2, 3, 4 and 5.

First offense a fine of One Thousand Pesos (P1,000.00) shall be

imposed.
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Second offense a fine of Three Thousand Pesos (P3,000.00) shall be

imposed.
Third offense In addition to a fine of Five Thousand Pesos
(P5,000.00) the business permits (Mayors or Sanitary Permit) and
licenses to operate shall be cancelled or revoked.
B. VIOLATION OF RULE IV SECTIONS 1, 2, 3, 4, 5, and 6 In the first
offense, any person or any business entity or establishment selling
to, distributing or purchasing a cigarette or any other tobacco
products for a minor shall be fined the amount of Five Thousand
Pesos (P5,000.00) or an imprisonment of not more than thirty (30)
days, upon the discretion of the court. For succeeding offenses, both
penalties shall apply in addition to the revocation of business license
or permit in the case of a business entity or establishment.
If the violation is by an establishment or business entity, the
owner, president, manager, or the most senior officers thereof shall
be held liable for the offense.
If a minor is caught selling, buying or smoking cigarettes or any
other tobacco products, the provisions of Article 189 of Presidential
Decree No. 603 otherwise known as The Child and Youth Welfare
Code, as amended and Republic Act 9344 Juvenile Justice and
Welfare Act of 2006, shall apply.
RULE VI - ENFORCEMENT PROCEDURES
Section 1. AUTHORITY OF THE CITY MAYOR AND OTHER OFFICALS To
effectively implement the provisions of R.A. 9211 and this Ordinance pertaining to the
Smoking Ban, access restriction, point-of-sale establishments, and cinema and
outdoor advertising, the City Mayor and Local Building Officials and members of the
Philippine National Police are authorized to take the necessary steps such as,
institution of criminal proceedings against violators of the R.A. 9211 and this
Ordinance, as well as to cause the removal of non-complaint cinema and outdoor
advertising, and tobacco-related self-service facilities.

The Taguig Health Department shall execute such Implementing

Rules and Regulations, with approval of the office of the City
Mayor, as are necessary for the effective implementation of the
Ordinance.

The Taguig Health Department, headed by the City Health

Officer shall be tasked to execute, enforce and put into effect this
Ordinance.

The Deputized Sanitation Inspector and Taguig Environmental

Police, Traffic Management Officer, Philippine National Police
are authorized to issue the Environmental Citation Ticket or

Ordinance Violation Receipt, as the case may apply to any

person or entity who shall violate, disobey, refuse, omit or
neglect to comply with any of the provisions under this antismoking ordinance.
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The City Health Officer upon the recommendation of the

supervising sanitation unit shall issue a Mission Order for every
inspection to be conducted by the Sanitation Inspection and the
Taguig Environmental Police (TEP).
*The Mission Order must contain its effectivity date, the mission
order number and series, the name of the inspector and his I.D.
number, the business names, addresses, categories of
establishments to be inspected and the scheduled dates of
inspection. This must be shown to the operator or the
representative of the establishment before any inspection is
conducted.
*Inspection conducted without a Mission Order is prohibited. The
inspector concerned shall be liable for administrative sanction.
*The inspection shall be conducted on every establishment or
business operation at least once a moth or as often as may be
reasonably deemed necessary from day or night, seven days a
week if so desired.
*The Mayor or the City Health Officer may promulgate additional
rules, regulations or amendments as may be reasonably
necessary for the effective implementation of this Ordinance
subject to the approval of the Sangguniang Panlungsod.
*The Taguig Health Department shall be tasked with monitoring
the compliance and enforcement of this ordinance.

A Copy of the Ordinance shall be furnished to the Taguig Health

Department, Taguig Police Station, Taguig Public Order and
Safety Office, and Public Information Office (PIO), all the
Barangays, all public and private schools, all public conveyances
and other concerned establishments in Taguig City.

Section 2. CREATION OF HEALTH AND SANITATION DEVELOPMENT

TRUST FUND There is hereby created a Health and Sanitation Trust Fund
generated from all Receipts from Health Services, Sanitation and Regulatory fees,
fines and surcharges as set forth in this ordinance.

All collections for violation of any section/provisions of this

ordinance shall accrue to the Health and Sanitation Development
Trust Fund (HSDTF) of the City Government of Taguig. The City
Accountant shall keep and maintain a special account and all
records related thereto.

For the Collected Fines, Incentives shall be given to the following:

1. Twenty percent (20%) to the Traffic enforcers, Deputized

Sanitary Inspector, Environmental Police Officer and PNP
Police Officer.
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2. Five percent (5%) to the respective Enforcement Units. The

funds shall be disbursed only for the development and
improvement and other activities of the Units, including
maintenance of facilities, but excluding salaries of personnel.
Any unused balance at the end of the fiscal year in excess of
Twenty Five percent (25%) of the previous years expenditures
shall revert to the General Funds of the City.
Section 3. ANTI SMOKING ADJUDICATION BOARD There is hereby
created a Anti-Smoking Adjudication Board with the following composition:
City Authority/Mayor
City Legal Officer

Chairman
Co-Chairman

Members:
SP Chair, Committee on Health
Head, Business Permits and Licenses Office
Head, Traffic Management Office
Head, City Health Office
Head, Environmental and Natural Resource Office
Head, Office of Social Welfare and Development
Head, Public Order and Safety Office
Section 4. MISCELLANEOUS notwithstanding the provisions of this
Ordinance, other existing ordinances and laws to the contrary, the City Mayor is
hereby given full power and authority to issue Executive Orders and regulations
appurtenants hereto, with the end in view of making this Ordinance truly reflective of
the ideals of good governance especially in the promotion of the general welfare of the
City of Taguig.
Section 5. SEPARABILITY CLAUSE should any provision of this Ordinance
be subsequently declared unconstitutional or invalid, the other provisions not so
declared and not affected by such declaration shall remain in full force and effect.
Section 6. REPEALING CLAUSE All ordinances, executive orders, rules and
regulations contrary to or inconsistent with this ordinance are hereby repealed or
modified accordingly.
Section 7. EFFECTIVITY This Ordinance shall take effect immediately and
the requisite publication under Sec. 59 of RA 7160 of the Local Government Code.
ENACTED this 08th day of October 2007 at Taguig City.
CITY COUNCILORS

HON. ALLAN PAUL C. CRUZ

HON. MA. REBECCA CARISSA R. TIGA

HON. DELIO J. SANTOS

HON. MILAGROS F. VALENCIA

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HON. GAMALIEL N. SAN PEDRO

HON. ARVIN IAN V. ALIT

HON. RONNETTE O. FRANCO

HON. AURELIO PAULO R. BARTOLOME

HON. BALTAZAR T. MARIATEGUE

HON. RICARDO J. JORDAN

HON. JAIME R. LABAMPA

HON. MARISSE BALINA-ERON

HON. DARWIN B. ICAY

HON. ESTELA A. GASGONIA

HON. BABY GLORIA V. DE MESA

HON. ERWIN G. MANALILI

HON. CONRADO C. AQUINO, SR.

Liga President

HON. JEFFREY B. MORALES

SK Federation President

Attested by:

ATTY. GEORGE A. ELIAS

City Vice Mayor and
Presiding Officer
Certified by:

ATTY. DANIEL V. VALDEZ

City Council Secretary
Approved by:

HON. SIGFRIDO R. TIGA

City Mayor

SCHEDULE A
Article 8.2
8

Air-conditioning and ventilation Standards Philippine Society of

Mechanical Engineers Code.
xxx
8.2
xxx

1.1.1

The temperature and humidity of the air to be used for comfort cooling
shall be maintained at 20-30 C effective temperature at an air
movement of from 4,570 to 7,620 mm/min within the living zone and 55
to 60% relative humidity.

2.2.2.

The air quality in such occupied spaces shall at all times be free from
toxic, unhealthful, or disagreeable gases and fumes and shall be
relatively free from odors and dust.

2.2.3.

The air in such occupied spaces shall at all times be in constant motion
sufficient to maintain a reasonable uniformity of temperature and
humidity but shall not cause objectionable drafts in any occupied
portion. The air motion in such occupied spaces, and in which the only
source of contamination is the occupant, shall have a velocity of not
more than 15.24 meter per minute as the air enters the living zone or
1,830 mm above the floor.

2.2.4.

The air in all rooms and enclosed spaces shall be distributed with
reasonable uniformity, and the variation in carbon dioxide content of
the air shall be taken as a measure of such distribution. The carbon
dioxide concentration when measured 910 mm above the floor shall
not exceed 100 parts per million. (ppm)

2.2.5.

The quality of air used to ventilate the spaced during the occupancy
shall always be sufficient to maintain the standards of air temperature,
air quality, air motion and air distribution. Ventilation requirements shall
conform to the following table 8,2.5.
Table 8.2.5
Outdoor Air Requirements
Application

Apartment, ave.
Apartment, de luxe
Banking space
Barbershop
Beauty Parlor
Board Room
Cocktail Bar
Department Store
Directors Room
Drug Store
Factory
Funeral Parlor
Hospital, Private
Rm
Hospital Ward

Applicants
Smoking
Some
Some
Occasional
Considerable
Occasional
Very Heavy
Heavy
None
Extreme
Considerable
None
None
None
None
Heavy

CMM
Recommendation
0.567
0.567
0.283
0.425
0.283
1.417
1.134
0.213
1.417
0.283
0.283
0.283
0.850
0.567
0.850

Minimum
0.283
0.283
0.213
0.283
0.213
0.567
0.708
0.142
0.850
0.213
0.213
0.213
0.708
0.283
0.708

Hotel Room
Laboratories
Meeting Room
Offices, General
Office, Private
Office, Private
Restaurant
Cafeteria
Dining Room
Shop, Retail
Theater
Theater

Some
Very Heavy
Some
None
Considerable
Considerable
Considerable
None
None
Some

0.567
1.417
0.425
0.708
0.850
0.340
0.425
0.283
0.213
0.425

0.425
0.850
0.283
0.425
0.708
0.283
0.340
0.213
0.142
0.288