WHEREAS, Article II, Section 15, of the Philippine Constitution, provides

: The State shall protect and promote the right to health of the people and
instill health consciousness among them. ;

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 ,technical and
economic considerations and agreed to implement the measures provided in
the treaty ;

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

the Tobacco Regulation Act of 2003 there is a need to review and revise
the Anti Smoking Ordinance of Ormoc City;

WHEREAS, Section 39 of RA 9211 explicitly provides that all ordinances

which are inconsistent with Tobacco Regulation Act are repealed or amended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 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 offices to cause immediate enactment of
ordinances to regulate smoking in public places in accordance with the
provision of RA 9211 and its Implementing Rules and Regulations ;

WHEREAS, Republic Act 8749 otherwise known as the Philippine Clean

Air Act of 1999 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 implement this provision;

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 Ormoc
to adopt ordinances 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 comprehensive local ordinance which will regulate smoking in
public places and conveyances in accordance with existing laws;

NOW , THEREFORE ,be it ordained by Sangguniang Panlungsod of

Ormoc City THAT :

AN ORDINANCE AMENDING REGULATION ORDINANCE NO.35 SERIES

OF 1993 OTHERWISE KNOWN AS AN ORDINANCE PROVIDING FOR
A COMPREHENSIVE ANTI-SMOKING ORDINANCE IN THE CITY OF
ORMOC AND FOR OTHER PURPOSES

SECTION 1. TITLE - This Ordinance shall be known as COMPREHENSIVE

ANTI-SMOKING ORDINANCE OF ORMOC CITY

SECTION 2.DECLARATION OF POLICY. It is the policy of the City of Ormoc

to promote the health and welfare of its citizens. Towards this end, it is the
purpose of this ordinance to safeguard public health and ensure the physical
well being of its inhabitants as well as those who sojourn in its territorial
jurisdiction from inimical effects of smoking and second-hand smoke and to
promote right to health and instill health consciousness. The state recognizes
that the cigarettes and other like products contain hazardous and addictive
substances and therefore dangerous to the health of the public when used.
The state shall take special measures to protect minors from procuring and
trying the vice of smoking.

SECTION 3. DEFINITION OF TERMS

a) Advertisementrefers to any visual and/or audible message

disseminated to the public about or on a particular product that
promote and give publicity by words, designs, images or any other
means through broadcast, electronic, print or whatever form of mass
media, including outdoor advertisements, such as but not limited to
signs and billboards. For the purpose of this Act, advertisement shall
be understood as tobacco advertisement.
b) Buying shall refer to the act of purchasing or acquiring a material or
item of value from one person to another for monetary or for any other
consideration;
c) Cigarette-a
cylindrical roll of finely cut tobacco cured for smoking, considerablysma
ller than most cigars and usually wrapped in thin paper; the term shall
likewise include Electronic Device systems , shishia and the likes
d) Common Areas- refer to the portion of the accommodation of
Establishments offering accommodations to the public for a fee, being
used by the public in common such as lobbies ,hallways, stairs,
elevators, comfort rooms , function rooms and the like;
e) Designated Smoking Area refers to a delineated area outside the
establishments or public places 10 meters away from entrances
,where a person is allowed to smoke without violating this ordinance.
f) 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 ;including e-
cigarette and the same ;
g) Minor shall refer to any person , including persons with disabilities
below eighteen (18) years of age;
h) Person refers to an individual or juridical person such as
partnership, corporation or any other business or legal entity;
i) Person-in-charge refers to ion public places ,public outdoor spaces
and workplaces , the president/manager/ in case of a company ,
corporation of association, the owner/proprietor/operator in case of a
single proprietorship, or the administrator in case of government
property ,office or building ; in case of public conveyances ,the
owner /driver/ operator , conductor or the captain of the public
conveyance ;
j) Point-of-sale refers to any location at which an individual can
purchase or otherwise obtain tobacco products, intinerant/ ambulant
vendors;
k) Public Buildings - an enclosed or partially enclosed building structure
owned by the government or owned by private person but used ,rented
or occupied by the government or any of its instrumentalities ,or , any
enclosed or partially enclosed building used or controlled exclusively
for public purposes by any department or branch of government;
l) Public conveyances refers to the modes of transportation servicing
the general population such as , but not limited to the following
airplanes, buses,taxi cabs , public utility jeepnesy ,light trail transits
,tricycles and other similar vehicles;
m) Public places means all places fixed or mobile , that are accessible
or open to 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 ,
entertainment and other services . It also includes outdoor spaces
where facilities are available for the public use or where crowd of
 people would gather such as ut not limited to , playgrounds ,sports
grounds or centers,church,hospital ,transportation terminals ,
markets ,parks , open space establishments ,resorts, walkways ,waiting
areas and the like .
n) Selling shall refer to the act of transferring ownership of a material
or item of value from one person to another for monetary and for any
other consideration.
o) Schools refers to an institution for the teaching of education ,
area of centers of youth activities such as playschools
,elementary schools ,high schools ,colleges and universities;
p) Shishia- also known as waterpipe,nargile ,hookah or any other name
that refers to device , instrument or any parts thereof, including its
juice , which may have a single or multi-stemmed pipe for smoking ,
whether or not it delivers nicotine to the user, in which the soke is
passed through a water basin before inhalation.
q) Smoking- refers to the lighting and /or puffing of cigarette ,cigar
,tobacco products of any kind , form or type , electronic device systems
,shisha and the like.Possession of any lighted cigarette, cigar or any
tobacco product, or an actually operated electronic device system,
shisha and the like within the prohibited areas for smoking shall
constitute prima facie evidence as an act of smoking prohibited by this
Ordinance whether of not being inhaled or smoke;
r) 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;
s) Tobbacco Products refers to any product that consist of loose
tobacco that contains nicotine and intended for smoking or oral or
nasal use.

SECTION 5. PROHIBITED ACTS

The following are prohibited acts, by classification:

5.1) INDIVIDUAL

A. A minor who merely possessed an electronic cigarette or vape.

B. Smoking or using Electronic device systems, shishia , vapes and

the likes shall be 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 meters from entrance gates
and fences of its surrounding premises;
c) Public Conveyances and government owned vehicles, whether
moving or stationary , with / without passengers or while waiting for
passengers;
d) Gasoline stations and storage areas of inflammable liquids ;
e) Within 100 meters of the surrounding premises of the buildings of
public and private hospitals , medical, dental optical clinic and
pharmacies;
f) Restaurants , Bars, Disco houses and other entertainment
establishment;
g) Private workplaces open to the general public ;
h) Public places where ten(10) or more persons convened;
i) In wellness areas ,such as gym, sport center , sari-sari store and
the likes
j) Any area owned by the government and declared by the City Mayor
thru executive order as a no smoking area or place.

5.2) ADMINISTRATIVE VIOLATION

a) No signages of NO SMOKING in the entrance and inside the
establishments
b) Knowingly allowing , abetting or tolerating smoking any tobacco or
using Electronic systems ,shishia and the likes
c) Designating Smoking area within the building or establishment.
d) Selling or allowing minor to smoke in their establishments.
e) Allowing smoking during events
f) Selling cigarette in front of schools within 100 meter (RA9211)
g) Selling of Cigarette within the 20-meter perimeter of recreational
activities, hospitals ,medical clinis, pharmacies and laboratories
h) No NO SMOKING signages on Public utility Vehicle

5.3) SALE OR DISTRIBUTION OF TOBACCO PRODUCTS OR ELECTRONIC

DEVICE SYSTEMS OR THE LIKE TO MINORS BY ANY RETAILER OR
ESTABLISHMENTS

It shall be unlawful for any retailer or establishment to sell ,distribute

tobacco products or electronic device system and the likes to any minor.

The following are the elements of the offense:

(1) The violator is a retailer or establishment
(2) The violator sold or distributed tobacco products /electronic device
systems/vape and the like. There must have been actual sale or
distribution of either the mentioned products. A mere offer of sale or
offer of distribution will not hold the retailer/establishment liable.
 (3)The buyer was a person below (18) years of age. A buyer of tobacco
products /electronic device systems/vape and the like who is eighteen
years of age and beyond will not fall within the ambit of the law.

Lack of knowledge of the buyers minority will not shield the retailer/
seller/distributor or establishment from liability because the retailer/
seller/distributor or establishment is obliged to verify the age of the buyer
by means of any valid identification containing the date of birth of the
bearer.

SECTION 6. STANDARDS FOR DESIGNATED SMOKING AREA- Smoking area

shall only be allowed in open spaces not covered by wall and roofing either
permanent or temporary except those mentioned in Section 5, 5.1.
Establishments are mandated to set up smoking areas not more than 10
meters away from where people pass or gather , with signages like
smoking are or no minors allowed complete with graphic warnings posted.

Before an area can be designated as SMOKING AREA , the approval of

the City Haeth Officer must first be secured by the owner, manager
,operator, lessee or the person in charge of the building or place of the
SMOKING AREA is to be designated.The City health Officer shall approve the
request for the designation of a SMOKING AREA when sufficient ventilation
and exhaust fans shall have been provided. (from 1993 Anti-smoking
Ordinance)

SECTION 7.PENALTIES

A. INDIVIDUAL PENATIES

Any individual violating section 5.1 of this Ordinance shall be penalized

as follows:

On the first offense - A fine of P1000 and/or 24

hours Community work or 1 day
imprisonment at the discretion of the court

On the second offense - A fine of P 2000 and/or 48 hours

Community work Or 2 days imprisonment at the discretion of
the court

On the third and subsequent offenses A fine of P3,000 pesos

and/or 60 hours
 community work 3 days
imprisonment at the discretion of
the court

Any person caught in the act, being a witness of the same act
or upon presentation of evidence providing selling, distribution
and/or the buying of cigarette of other tobacco products including
electronic device systems,e-cigar and/or shisha to and/or from
minors and any violations provided for in Section 5,5.3 shall be fined
after due hearing as follows:

On the first offense - A fine of P1000 and/or 1 day

imprisonment
at the discretion of the court
On the second offense - A fine of P 2000 and/or 2 days
imprisonment
at the discretion of the court

On the third and subsequent offenses A fine of P5,000 pesos and/or

3 days imprisonment at the discretion of
the court

Minors who violate this ordinance shall be referred directly by

the apprehending offices to the nearest CSWD Office for the
appropriate action, recommendation and will undergo counseling
and smoking cessation with parents/legal guardians.

CSWDO shall immediately inform the said parents/legal

guardian right after the remittance.

B. ADMINISTRATIVE PENALTIES
For violation of Sections 5,5.2 ,Section 6, Section 8 of this ordinance ,
the person mentioned in the aforementioned sections and business
entity shall be penalized as followed :

On the first offense - A fine of P1500

On the second offense - A fine of P 2500 and suspension of
business Or permit and license to operate for one (1) week in case of
business entity or establishment.
 On the third and subsequent offenses A fine of P5,000 pesos and
cancellation revocation of business permit and license in case of
business entity or establishment.

Any establishment allowing and selling cigarette/tobacco products to

minors including electronic device system, e-cigar and shisha and other
violations on Section 5.3, the business entity or establishment shall be
penalized as follows:

On the first offense - A fine of P2000 and/or fifteen(15)

days
temporary closure of the place of business

On the second offense - A fine of P350000 and/or fifteen(25) days

temporary closure of the place of business

On the third and subsequent offenses A fine of P5,000 pesos and
revocation of business permit and license in case of business entity or
establishment.

Payments of the fine shall be made directly to the office of the City
treasurer by presenting th citation ticket issued by the OAST within (3) day
from the apprehension . After 3 day ,the cae may be filed against the violator
through the City Legal Office.

SECTION 8. RESTRICTIONS ON OUTDOOR ADVERTISING ( base on RA

9211) -The following restrictions shall apply to all outdoor tobacco
advertisements:

a. Outdoor advertisements shall not be placed on billboards, wall murals, or

transport stops or stations which are within one hundred (100) meters from
any point of the perimeter of a school, public playground or other facility
frequented particularly by persons below eighteen (18) years of age.

b. Outdoor advertisements shall not, either individually or when placed in

deliberate combination with other outdoor tobacco advertising, exceed
seventy (70) square meters in total size.

c. Outdoor advertisements shall not be placed on buses, tricycles or other

public conveyance or in stations, terminals or platforms thereof, except
point-of-sale establishments.
SECTION 9. CREATION OF ORMOC CITY ANTI-SMOKING TASK FORCE
(OAST) The OAST is herby created to help the City Mayor to monitor
,implement andenforce the provisions of this Ordinance. The OAST shall be
under the office of the City Mayor and subject to his direct control and
supervision through the designated Chairman.The OAST shall compose of the
following :

OAST Chairman who shall be designated by the Mayor and shall be

the person directly in charge in the implementation of the ordinance ,
he shall recommend the additional personnel,materials and
transportation .

OAST Director shall be designated by the Mayor and shall be

responsible to monitor and supervised all personnel designated by
Agents to fully enforce the provision of this ordinance.

OAST Agents who shall be designated by the Mayor to fully

implement and enforced provisions of this ordinance and issue citation
tickets /TOP ticket to violators of this ordinance.

SECTION 10.DISSEMINATION OF INFORMATION

Liga ng mga Barangay and Barangay officials are required to

disseminate this ordinance within their respective territorial jurisdiction.

School officials and the Parents and Teachers Association (PTA) in

their respective school campuses are likewise required to disseminate this
Ordinance .They shakl report violation/s hereof to the schools disciplinary
committee or schools guidance counselor and furnish copy to the Ormoc
Anti- Smoking Task Force (OAST).

SECTION 10. COMMUNITY WORK- If a person decided to voluntarily to

serve Community Work as violation of this ordinance, the person shall report
for service to the General Services Department 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 11.INSPECTION TEAM Team composed of the City health

Department and the OAST 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.

SECTIO 12. RESPONSIBLE AGENCIES :

Ormoc City Anti Smoking Taskforce (OAST) shall report and serve
notice of violation hereto and forward to the City Legal office for proper legal
proceedings.

Punong Barangay and Barangay Officials are mandated to

apprehend violator/s of this ordinance and require them to pass a resolution
in their council adopting this ordinance.

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 OAST 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 7 letter B of this Ordinance
here of and to deny renewal of permits for nonpayment 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 for apprehension to the
OAST 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 .

SECTION 13. COLLECTION Any amount collected by the City Treasurers

Office (CTO) for violation of this ordinance shall be set aside as a special und
for the operation and continuous advocacy of the Ormoc City Anti Smoking
Task Force (OAST) and shall e withdrawn only upon recommendation of the
Chairman and approval of the Mayor subject to the COA (Commission on
Audit ) rules and regulation.

SECTION 14.SEPARABILITY CLAUSE- If, for any reason or reasons ,any

part or provisions of this Ordinance be declared unconstitutional or invalid ,
the other parts or provision thereof not affected shall continue to be in full
force and effect.
SECTION 15. REPEALING CLAUSE- Any ordinance, resolution or any order
or part/parts thereof which are inconsistent with the provision of this
ordinance are hereby amended, repealed or modified accordingly.

SECTION 16. EFFECTIVITY - This ordinance shall take effect fifteen (15)
days after its publication in a newspaper of local or general circulation and
posting in at least two (2) conspicuous places in the city.

ENACTED, _______________________.

RESOLVED, FURTHER , to furnish copies of this Ordinance one each to

the City Mayor Richard I. Gomez; the OIC- City Administrator , Mr. Vincent L.
Emnas; the Acting
City Legal Officer ,Atty. Marcelo C. Onate ; the City Budget Officer ;the City
Accountant;
the City Treasurer; the City Auditor; the City Health Department; the OIC-City
Director , DILG , Engr. Jeremy D. Bagares; to the one hundred ten (110)
Barangays of Ormoc City and other offices concerned;