Anti Smoking Irr 2018 PDF

THE IMPLEMENTING RULES
AND REGULATIONS OF SP ORDINANCE NO. 4407-2014,

AS AMENDED BY SP ORDINANCE NO. 5598-2018
OTHERWISE KNOWN AS THE
“SMOKE FREE ORDINANCE OF BUTUAN CITY”
WHEREAS, cigarette smoke contains 4,000 chemicals, including 43 known cancer-

causing (carcinogenic) compounds and 400 other toxins. These include
nicotine, a highly-addictive substance, carbon monoxide which is a poisonous
gas and tar, a cancer-causing chemical;
WHEREAS, incessant smoking has been scientifically proven to cause cancers,
cardiovascular diseases, diseases to the respiratory system and immune
system and other deleterious effects to health, some of which are fatal
enough to cause death;
WHEREAS, non-smokers who are exposed to secondhand cigarette smoke inhale the
same dangerous chemicals as the smokers, and their risks/chances of
developing certain cancers, cardiovascular and respiratory diseases are
thereby doubled;
WHEREAS, the State decrees as its policy the protection and promotion of the right to
health of the people and the inculcation of health consciousness among them;
WHEREAS, the State has passed legislative measures namely Republic Act No. 9211 or
the “Tobacco Regulation Act of 2003”, Republic Act No. 8749 or the
“Philippine Clean Air Act of 1999” to place a restraint on smoking and
minimize its effects on persons and the environment. On the part of the
Executive branch, the Civil Service Commission issued Memorandum
Circular No. 17-2009 to require all agencies of the government to adopt a
100% Smoke Free Policy. Recently, President Rodrigo Duterte issued
Executive Order No. 26 which provides for the establishment of Smoke-Free
Environments in public and enclosed places. In the local level, the local
government unit of Butuan through its Sangguniang Panlungsod passed SP
Ordinance No. 4407-2014 as amended by SP Ordinance No. 5598-2018 also
known as the “Smoke Free Ordinance of Butuan City”;
WHEREAS, Republic Act No. 7160 or the “Local Government Code of 1991” decrees that
local government units shall, within their respective territorial jurisdictions,
promote the health and safety of their constituents;
WHEREAS, the time is ripe for the implementation and enforcement of SP Ordinance No.
4407-2014, which is aligned with and localizes the aforementioned national
laws and issuances on smoking, as a measure to effectively curb the culture
of incessant and incorrigible smoking and replace the same with health
consciousness, promotion of wellness and protection of the environment for
the benefit of our present and future breed of Butuanons.
Page 1 of 34
RULE I
PURPOSE AND SCOPE
These Rules are promulgated to prescribe the procedures and guidelines for the
implementation of SP Ordinance No. 4407-2014 as amended by SP Ordinance No. 5598-
2018 also known as the “Smoke Free Ordinance of Butuan City” which shall apply to all
persons, whether natural or juridical, whether resident or not, in all places found within
the territorial jurisdiction of Butuan City.
RULE II
INTERPRETATION
These Rules shall be construed in a manner that consistent with the spirit and purpose of
SP Ordinance No. 4407-2014 as amended by SP Ordinance No. 5598-2018 or the
“Smoke Free Ordinance of Butuan City” in order to attain its objectives which are primarily
to safeguard public health and ensure the well-being of all its constituents by protecting
them from the deleterious effects of smoking and tobacco consumption.
RULE III
DEFINITION OF TERMS
The following terms shall be used and applied in these rules:

a.) Advertising and Promotion – means any form of commercial communication,
recommendation or action with the aim, effect or likely effect of promoting a
tobacco product or tobacco use either directly or indirectly. For purposes of this
Ordinance, it shall likewise apply to Electronic Nicotine Delivery Systems (ENDS). 1
b.) Civil Society Organization (CSO) – refers to a legally constituted voluntary civic
and social organization or institution created with no participation of government,
including but not limited to, charities, development non-governmental
organizations (NGOs), community groups, women’s organizations, faith-based
organizations, professional associations, coalitions and advocacy groups duly
recognized by the Office of the Mayor. It does not include organizations or
associations related to or connected with the tobacco industry in any way. 2
c.) Conflict of Interest – arises when a public official or employee is a member of a

board, an officer, or a substantial stockholder of a private corporation or owner or
has a substantial interest in a business, and the interest of such corporation or
business, or his rights or duties therein, may be opposed to or affected by the
faithful performance of official duty.3
d.) Designated Smoking/Vaping Area - refers to an outdoor space where

smoking is allowed without violating SP Ordinance No. 4407-2014 as
1
SP Ordinance No. 5598-2018, Sec. 4.1
2
SP Ordinance No. 4407-2014, Sec 4.2
3
R.A. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees)
Page 2 of 34
amended by SP Ordinance No. 5598-2018 or these Rules that meets the
standard specifications prescribed herein.
e.) Electronic Nicotine Delivery System (ENDS) – includes Electronic Non-Nicotine

Delivery Systems (ENNDS) for purposes of this regulation. It refers to any device
such as electronic cigarettes (e-cigarettes), electronic shisha (e-shisha), vapes,
vape pen, Heat-Not-Burn products, and other similar devices, whether or not it is
used to deliver nicotine and/or other components to the user, which may be
through the act of vaping or that which resembles smoking, and may have the
outward appearance of smoking products.4
f.) Enclosed or partially enclosed – means being covered by a roof or enclosed by

one or more walls or sides or partitions, regardless of the type of material used for
the roof, wall or sides or partitions, whether permanent or temporary. 5
g.) Indicia – refers to any name, logo or trademark and other words, symbols,
designs, colors or other depictions of tobacco products which are registered, or
although unregistered, are either considered “well known”, as defined under the
Intellectual Property Code of the Philippines and its implementing rules and
regulations, or have become distinctive in relation to the tobacco product arising
from substantially exclusive and continuous use in commerce in the Philippines for
at least five (5) years. 6
h.) Manufacturer - refers to any person or entity, including a repacker, who makes,
fabricates, assembles, processes, or labels a finished product. 7
i.) Minor - refers to any person below eighteen (18) years old.8
j.) Non-smoking Buffer Zone – refers to a ventilated area between the door of a
DSA not located in an open space and the smoke-free area. There shall be no
opening that will allow air to escape from such Non-Smoking Buffer Zone to the
smoke-free area, except for a single door equipped with an automatic door closer.
Such door is distinct from the door of the DSA, which shall be at least two (2)
meters away from the other. 9
k.) Open spaces – refers to those areas forming part of a building or conveyance,
which are not covered by a roof or similar structure.10
l.) Outdoor advertisement - refers to any sign, model, placard, board, billboard,
banner, bunting, poster, streamer, paint-on, light display, device, structure or
representation, employed outdoors or visible from outside, wholly or partially
to advertise or promote a tobacco product or ENDS to the public. 11
m.) Package - refers to packs, boxes, cartons or containers of any kind in which
any tobacco product is offered for sale to consumers. 12
4
5
6
Inter-agency Committee-Tobacco MC No. 1 (Rules and Regulations Implementing R.A. 9211)
7
R.A. 9211
8
9
Executive Order No. 26 (e) “Providing for the Establishment of Smoke-Free Environments in Public and Enclosed
Places”
10
Executive Order No. 26 (f)
11
12
R.A. 9211
Page 3 of 34
n.) Perimeter – shall refer to any point in the boundaries as indicated in the
Original Certificate of Title or Transfer Certificate of Title of the track of land
that is actually used or occupied by a school, public playground or other
facility frequented particularly by persons below eighteen (18) years of age,
whether or not said tract of land is separated from adjacent tracts by a wall or
fence.13 14
o.) 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. 15 16
p.) Person-in-charge - refers to:

1.) In case of public places, public outdoor spaces, workplaces, and point-of-
sale,
a. the president/manager in case of a company, corporation,
partnership or association,
b. the owner/proprietor/operator in case of a single proprietorship, or
c. the administrator in case of government property, facility, office or
building;
2.) In case of public conveyances, the owner, driver, operator, conductor, or
captain of the public conveyance;
3.) In case of schools, the city/municipal school superintendent, school
president, dean or principal.17
q.) Point-of-sale - refers to any location at which an individual can purchase or

otherwise obtain tobacco products and/or ENDS.18
r.) Public conveyances - refers to modes of transportation servicing the general

population, such as, but not limited to:
1) Elevators
2) Airplanes
3) Ships
4) Jeepneys
5) Buses
6) Taxicabs
7) Rideshare service vehicles/Transport Network Vehicle Services
8) Trains
9) Light rail transits
10) Tricycles
11) Other similar vehicles.19
s.) Public places - 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:
1) schools,
2) workplaces,
3) government facilities,
4) establishments that provide food and drinks,
5) accommodation, merchandise,
6) professional services,
13
Inter-agency Committee-Tobacco MC No. 1
14
This definition of “perimeter” may be changed as recommended by the appropriate authority.
15
Inter-agency Committee-Tobacco MC No. 1
16
This definition of “premises” may also be changed as recommended by the appropriate authority.
17
18
19
Page 4 of 34
7) entertainment
8) other services.20
It also includes outdoor spaces where facilities are available for the public or where
a crowd of people would gather, such as, but not limited to:
1) playgrounds,
2) sports grounds or centers,
3) church grounds,
4) health/hospital compounds,
5) transportation terminals,
6) markets,
7) parks,
8) resorts,
9) walkways/sidewalks,
10) entrance ways,
11) waiting areas.21
t.) Second-hand smoke – means the smoke emitted from the burning end of a
cigarette or from other tobacco products usually in combination with the smoke
exhaled by the smoker.22
u.) Smoke free air – is air that is 100% free from tobacco smoke which includes, but
is not limited to, air in which tobacco smoke cannot be seen, smelled, sensed or
measured.23
v.) Smoking – means being in possession or control of a lit tobacco product

regardless of whether the smoke is being actively inhaled or exhaled. 24
w.) Sponsorship – refers to any public or private contribution to a third party in relation
to an event, team or activity made with the aim of promoting a brand of tobacco
product, which event, team or activity would still exist or occur without such
contribution. Sponsorship shall be understood as tobacco sponsorship. 25
x.) Tobacco Products – products entirely or partly made of the leaf tobacco as raw
material which are manufactured to be used for smoking, sucking, chewing or
snuffing, such as but not limited to cigarette, cigar, pipe, shiha/hookah and chew
tobacco.26
y.) Tobacco Industry – refers to organizations, entities, associations and individuals

that work for and in behalf of the tobacco industry, such as, but not limited to,
tobacco manufacturers, wholesale distributors, importers of tobacco products,
tobacco retailers, front groups and any other individuals or organizations,
including, but not limited to lawyers, scientists and lobbyists that work to further the
interests of the tobacco industry that compete with those of tobacco control. 27
20
The term “other services” may be interpreted following the statutory construction rule of Ejusdem Generis
wherein the Supreme Court states that where a general word or phrase follows an enumeration of particular and
specific words of the same class or where the latter follow the former, the general word or phrase is to be
construed to include, or to be restricted to, persons, things or cases akin to, resembling, or of the same kind or
class as those specifically mentioned. (Vera v Cuevas, G.R. No. 33693, May 31, 1979)
21
22
23
24
25
R.A. 9211 (Tobacco Regulation Act of 2003)
26
27
Page 5 of 34
z.) Tobacco Industry Interference – refers to a broad array of tactics and strategies
used by the tobacco industry to interfere with the setting and implementation of
tobacco control measures. 28
aa.) Vaping - refers to the act of inhaling and exhaling aerosols or vapor
produced by any Electronic Nicotine Delivery System (ENDS)/Electronic Non-
Nicotine Delivery System (ENNDS) or other electronic device whether or not it is
used to deliver nicotine to the user, and mimics the act of smoking. 29
bb.) Workplace – means any place used by people during their employment or
work, whether done for compensation or voluntarily, including all attached or
associated places commonly used by the workers in the course of their work
including but not limited to:
1) Private offices
2) Corridors or hallways
3) Stairwells
4) Elevators
5) Toilets
6) Lobbies
7) Lounges
8) Other common areas
9) Taxis
10) Ambulances
11) Delivery vehicles
12) Company-owned vehicles used for transporting employees and guests
13) Other conveyances used or frequented during the course of employment
or work.30
RULE IV
PROHIBITED ACTS
The following acts are declared unlawful and prohibited:
4.1 For any person, person in-charge or entity to:
a.) Smoke or vape in enclosed or partially enclosed public places, workplaces,

public conveyances (whether mobile or stationary), or other public places,
such as those enumerated in Rule III (k) hereof, except in Designated
Smoking/Vaping Areas duly approved and fully compliant with the
requirements under Rule 5 hereof and in the SP Ordinance No. 5598-2018.31
b.) Allow, abet or tolerate smoking or vaping in places enumerated in the

preceding paragraph, outside of approved Designated Smoking/Vaping Area
under Rule 5 hereof and in the SP Ordinance No. 5598-2018.32
c.) Sell or distribute tobacco products and/or ENDS in a school, public

playground or other facility frequented by minors 33, offices of the Department
28
29
30
31
32
33
The term “other facility frequented by minors” may be interpreted following the statutory construction rule of
Noscitur a sociis wherein the Supreme Court states that where a particular word or phrase is ambiguous in itself or
Page 6 of 34
of Health (DOH) and attached agencies, hospitals and health facilities, or
within 100 meters from any point in the perimeter of these places. 34
d.) Sell and distribute tobacco products and/or ENDS within premises of a
government facility, and establishments that serve food and drinks or provide
accommodation and entertainment; 35 36
e.) Sell tobacco products and/or ENDS without a city/municipal permit to sell
tobacco products or ENDS. 37
f.) Sell tobacco products and/or ENDS as individual pieces or per stick, or in
tobacco product packs containing less than 20 sticks/pieces.38
g.) Sell tobacco products and/or ENDS removed from its original product
packaging or without the proper government-regulated and approved health
warning.39
h.) Sell tobacco products and/or ENDS by ambulant or street vendors,

including other mobile or temporary stalls, kiosks, stations or units. 40 41
i.) Sell or distribute sweets, snacks, toys or any other objects in the form of
tobacco products and/or ENDS which may appeal to minors or bearing
resemblance to their logo/indicia/packaging.42
j.) Sell or distribute tobacco products and/or ENDS to minors. 43
k.) Purchase tobacco products and/or ENDS from minors. 44
l.) Ordering, instructing or compelling a minor to use, light up, buy, sell, distribute,
deliver, advertise or promote tobacco products and/or ENDS.45
m.) Place cinema and outdoor advertisements of tobacco products and/or

ENDS;46
n.) Place, post, display, distribute, publish, broadcast locally or conduct any
form of direct or indirect tobacco or ENDS advertisement and/or
promotion/promotional activity within the territorial jurisdiction of Butuan City,
is equally susceptible of various meanings, its correct construction may be made clear and specific by considering
the company of words in which it is found or with which it is associated. In other words, where a particular word is
obscure or of doubtful meaning, taken by itself, the obscurity or doubt may be removed by reference to the
meaning of associated or companion words. (Soriano v Sandiganbayan, G.R. No. 65952, July 31, 1984)
34
35
The phrase “and establishments that serve food and drinks or provide accommodation and entertainment” may
be interpreted to mean only such establishments found within the premises of a government facility. Following the
above-mentioned rule of Noscitur a sociis.
36
37
38
39
40
41
The terms “other mobile or temporary stalls, kiosks, stations or units” may also be interpreted to mean only such
stalls, kiosks, stations or units which are considered ambulant or street vendors, following the above-mentioned
rule of Noscitur a sociis.
42
43
44
45
46
Page 7 of 34
including those situated in outdoor and indoor premises of tobacco and/or
ENDS point-of-sale establishments.47
o.) Display and place tobacco products and/or ENDS in open store
shelves/racks, except in enclosed, opaque and single-colored
storages/containments.48 49 50
4.2 For public officials and employees to:51
a.) Provide incentives, privileges, benefits or exemptions to the tobacco industry

except as otherwise provided by law. 52
b.) Solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan
or anything of monetary value in the course of official duties or in connection with
any operation being regulated by, or any transaction which may be affected by the
functions of their office from any person or business related to the tobacco
industry.53
c.) Directly or indirectly have any financial or material interest in any transaction
involving the tobacco industry requiring the approval of office and failure to declare
any interest in the tobacco industry in the annual declaration of assets and
liabilities.54
d.) Accept or have any member of the family accept employment or recommending
any one to any position in any private enterprise connected with the tobacco
industry which has a regular or pending official transaction with their agency. 55
e.) Have conflict of interest regardless of status with the tobacco industry and fail to
resign from office/service and/or divest from any shareholding or interest within
sixty (60) days from assuming office/service or from acquiring any shareholding or
interest.56
f.) Fail to inform any intention to engage in an occupational activity within the tobacco
industry, whether gainful or not, within a specified period of time after leaving the
service and to require applicants for government positions to declare any current
or previous occupational activity with any tobacco industry whether gainful or not. 57
47
48
49
As an observation, it appears to be the intent of the legislators that the containments must have all of the
following requisites:
a.) The containment/storages must be enclosed;
b.) It must be opaque;
c.) It must be single-colored.
50
Merriam-Webster Dictionary defines “opaque” as “blocking the passage of radiant light, exhibiting the quality or
state of a body that makes it impervious to the rays of light, exhibiting opacity. The term “opacity” has been
defined as “the quality or state of a body that makes it impervious to the rays of light; the relative capacity of
matter to obstruct the transmission of radiant energy.”
51
Violation of these provisions are also punishable under R.A. 3019 (Anti-Graft and Corrupt Practices Act)
52
53
54
55
56
SP Ordinance No. 4407-2014, Sec.5.15
57
Page 8 of 34
4.3 For any government official or personnel of Butuan City regardless of
employment status, whether permanent, casual, contractual, job order, consultant
or special appointment to:
a.) Facilitate, participate or engage in partnership in any form of contribution,

sponsorship or corporate social responsibility (CSR) activity, event, program
or project by a tobacco/ENDS company, tobacco/ENDS industry front groups,
or any representation working to protect tobacco/ENDS industry interests,
executed for or within the territorial jurisdiction of the City of Butuan, with the
aim, effect or likely effect of promoting a tobacco product and/or ENDS, its
use either directly or indirectly.58
RULE V
STANDARD SPECIFICATIONS FOR DESIGNATED SMOKING AREAS (DSAs)
5.1 A Designated Smoking Area shall possess the following specifications and features:
a) It shall be located in an open space with no permanent or temporary roof or walls

in an outdoor area. 59
b) The combined area of the DSA and the Buffer Zone shall not be larger than 20%
of the total floor area of the building or conveyance, provided that in no case shall
such area be less than ten (square meters)60
c) It is not located in or within ten (10) meters from entrances, exits, or any place
where people pass or congregate, or air intake ducts. 61
d) It shall not have an area larger than ten (10) square meters. 62
e) Food or drinks are not served in the designated smoking/vaping area.
f) No building shall have more than one Designated Smoking Area. 63
g) Minors or persons below the age of eighteen (18) shall not be allowed inside. 64
h) It shall have the following signage which are highly visible and prominently
displayed:
1) “Smoking Area” signage with message showing “Minors not allowed within
these premises”
2) Graphic health warnings on the effects/harms of tobacco/ENDS use or
exposure; and
3) Information on cessation hotline and/or cessation clinic/services. 65
i) The ventilation system for the DSA other than in an open space and for the Buffer
Zone shall be independent of all ventilation systems servicing the rest of the
building or conveyance.66
j) Other standards and specifications as may be prescribed by the Smoke-Free Task
Force provided that such standards and specifications are consistent with SP
Ordinance No. 4407-2014, as amended by SP Ordinance No. 5598-2018, and
these rules.
5.2 There shall be no Designated Smoking Areas in places where absolute smoking bans
are in effect such as but not limited to:
58
59
SP Ordinance No. 4407-2014, Sec. 4.3.1
60
Executive Order No. 26, Sec. 4.3
61
62
63
SP Ordinance No. 5598-2018, Sec. 4.3.4,5
64
65
66
Executive Order No. 26, Sec. 4.5
Page 9 of 34
a.) Centers of youth activity 67 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 hazards68 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;
f.) Public conveyances
g.) Enclosed, partially enclosed and outdoor areas of transport terminals that are near
entrances and exits or where people pass or congregate;
h.) Within the buildings of all government facilities and premises of all offices of the
Department of Health, Department of Education, Commission on Higher Education,
Department of Social Welfare and Development and the Civil Service Commission
i.) Parks, plazas, playgrounds, sports and recreational facilities,
j.) Other facilities where an absolute smoking ban is imposed under special laws,
ordinances, administrative and executive orders, memorandum circulars and related
policies.69
RULE VI
STANDARD SPECIFICATIONS FOR ANTI-SMOKING SIGNAGES / STICKERS
6.1 General provisions
a) Persons in-charge shall cause the affixing, posting or displaying of

signages/stickers in enclosed or partially enclosed public places, workplaces,
public conveyances (whether mobile or stationary), or other public places in a
highly conspicuous, visible, noticeable and prominent manner.
b) The stickers/signages shall essentially feature the International “No Smoking”

Symbol which may include a “No Vaping” symbol illustrated separately or
combined, the phrase “Strictly No Smoking and No Vaping,” “As per Ordinance
No. 4407-2014 as amended by Ordinance No. 5598-2018,” the amount of penalty
imposed, and contact numbers of the Smoke Free Task Force for reporting
violations.70
c) Persons in-charge shall also provide for versions of the signages in vernacular or
in English.71
6.2 Specifications
67
The term “centers for youth activity” may be interpreted, following the statutory construction rule of Ejusdem
generis, wherein the Supreme Court states that where a general word or phrase follows an enumeration of
particular and specific words of the same class or where the latter follow the former, the general word or phrase is
to be construed to include, or to be restricted to, persons, things or cases akin to, resembling, or of the same kind
or class as those specifically mentioned. (Vera v Cuevas, G.R. No. 33693, May 31, 1979)
68
Without prejudice to the definition imposed by competent authorities, the term “fire hazards” may be defined in
this ordinance, with reference to R.A 9514 (Revised Fire Code of 2008), as “Any condition or act which increases or
may cause an increase in the probability of the occurrence of fire, or which may obstruct, delay, hinder or interfere
with fire fighting operations and the safeguarding of life and property.”
69
70
71
Page 10 of 34
a) For public places in general
Standard specifications:72
 Dimensions: at least 8 x 16 inches
 Design Elements:
- International “No Smoking” and “No Vaping” Symbols occupying not less
than 60% of the print area.
- The following statements occupying 40% or the remainder of the print
area:
First line: “STRICTLY NO SMOKING AND NO VAPING”

Second line: “As per SP Ordinance No. 4407-2014 as amended by SP
Ordinance NO. 5598-2018”
Third line: “Violators can be fined up to P2,500.00”
Fourth line: “Report violations to the Smoke Free Task Force Hotline
No. ______________________”
 Guidelines for posting/displaying:

- The signage must be prominently posted and displayed in locations or
places most visible to or noticeable by the public entering or passing by
the area or establishment where smoking is prohibited
- At least one (1) signage must be posted at the entrance to the area or
establishment.
b) For public conveyances
Specifications: 73
 Dimensions: At least 3.5 square inch on the windshield; and 10 square inch
at the driver’s back seat.
- International “No Smoking” and “No Vaping” Symbol
- The following statements must appear thereon:
First line: “STRICTLY NO SMOKING AND NO VAPING IN THIS

VEHICLE” 74
Third line: “Violators can be fined up to P2,500”
Fourth line: “Report violations to the Smoke Free Task Force
Hotline No. ____________________”

- For tricycles and motorized trisikads: the 3.5 sq. in. sticker shall be affixed on
the back of the sidecar’s windshield and another 10 sq. in. sticker on the back
of the front row seats
- For jeepneys and autocalesas or multicabs: the 3.5 sq. in. sticker shall be
affixed on the back of the windshield and another 10 sq. in. sticker on the
back of the front row seats
- For vans, minivans and sedan-type vehicles: the 3.5 sq. in. sticker shall be
affixed on the glove compartment and another 10 sq. in. sticker on the back
of the driver’s seat
72
73
74
This phrase may be changed. The ordinances did not prescribe the specific phrase to use.
Page 11 of 34
- For buses and other heavy transportation: the 3.5 sq. in. sticker shall be
affixed on the back of the windshield, and another 14 sq. in. sticker on the
back of the driver’s seat facing the passengers or in any prominent area of
the conveyance
- For all other public conveyances: the 3.5 sq. in. sticker shall be affixed on the
windshield and the 10 sq. in sticker on the back of the driver’s seat.
c) For schools, public playgrounds or other facilities frequented by minors, offices of

the DOH and attached agencies, hospitals and health facilities.
Specifications:75
- The following statement must occupy the print area:
First line: “SELLING, ADVERTISING AND PROMOTING

CIGARETTES OR OTHER TOBACCO PRODUCTS
INCLUDING E-CIGARETTES NOT ALLOWED WITHIN 100
METERS FROM ANY POINT IN THE PERIMETER OF [name
of school/playground/facility for minors/health facility/etc.]”
Fourth line: “Report violations to the Smoke Free Task Force Hotline No.
___________________________”

- The foregoing statements must be posted/displayed in a clear and
conspicuous manner in the school, playground, health or other facilities
frequented by minors, offices of the DOH and attached agencies, hospitals
and health facilities.
d) For point-of-sale establishments
Specifications: 76
- Graphic health warning on the effects of tobacco use as prescribed by the
City Health Office
- The following statements must occupy the print area:
First line: “SALE/DISTRIBUTION OF TOBACCO PRODUCTS AND E-

CIGARETTES TO MINORS IS UNLAWFUL”
Fourth line: “Report violations to the Smoke Free Task Force Hotline No.
________________________”

- The foregoing statements must be posted/displayed in a clear and
conspicuous manner in the establishment.
e) For government workplaces and grounds (CSC MC No. 17-2009)
75
76
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Specifications: 77
 Dimensions: at least 8 in. x 16 inches
- International “No Smoking” Symbol occupying not less than 70% of the print
area
- The following statements occupying 30% or rest of the print area:
First line: “STRICTLY NO SMOKING”

Second line: “As per CSC MC No. 17 Series of 2009”
Third line: “Violation of this Circular is a ground for disciplinary action”
Fourth line: “Report violations to Contact Center Ng Bayan/Public
Complaints Hotline 8888”
RULE VII
DUTIES AND OBLIGATIONS OF PERSONS IN-CHARGE
7.1 General duties and obligations in general
All persons in-charge shall:
a) Affix, post or display anti-smoking signages/stickers in the places or conveyances

covered by the Ordinance in a highly conspicuous, visible, noticeable and
prominent manner, and in accordance with the specific rules/guidelines provided
in the preceding Rule.
b) Provide ashtrays and any other receptacles for disposing of cigarette or other
tobacco product refuse in the approved Designated Smoking/Vaping Areas. 78
c) Remove from the places where smoking/vaping is prohibited all ashtrays and any
other receptacles for disposing of cigarette refuse. 79
d) Establish internal procedure and measures through which this Ordinance shall be
implemented and enforced within the area of which he or she is in charge. This
includes compliance to the sales, distribution, advertising and promotions
restrictions.80
e) Ensure that all of their employees or subordinates are informed or at least aware
of the Ordinance and these Rules. 81
f) Allow inspectors acting under Sections 14 and 15 of the Ordinance and

representatives of the designated civil society organization under Section 16
thereof entry into enclosed or partially enclosed public places, workplaces, public
conveyances (whether mobile or stationary), or other public places including
Designated Smoking Areas. 82
g) For persons-in-charge of schools, public playgrounds or other facilities frequented

by minors, offices of the DOH and attached agencies, hospitals and health facilities
77
Civil Service Commission MC No. 17-2009
78
79
80
SP Ordinance No. 5598-2018, Sec. 610
81
82
Page 13 of 34
to report to the Smoke Free Task Force any tobacco product/ENDS selling,
advertising and/or promotion located within 100 meters from its perimeter. 83
h) For persons-in-charge of point-of-sale establishments to remove all forms of

tobacco or ENDS advertisement/promotions paraphernalia deemed prohibited by
this Ordinance.84
i) For persons-in-charge of government premises intending to establish a
Designated Smoking/Vaping Areas (DSAs/DVAs) to secure a certification/permit
from the duly authorized officer or representative of the Civil Service Commission,
after complying with the requirements for a DSA/DVA, as prescribed in these
Rules.85
j) For persons-in-charge of commercial establishments/buildings or other non-

government facilities intending to establish a DSA/DVA, to secure a
certification/permit from the Building/Engineering and Health Officers, after
complying with the requirements for a DSA/DVA, as prescribed in these Rules. 86
k) For persons-in-charge of establishments intending to sell tobacco products and/or

ENDS, secure a permit to retail/wholesale from the Business Permits and Licenses
Office.87
l) For persons-in-charge of point-of-sale establishments, secure approval from the

City Health Office for storages or containments of tobacco products and/or ENDS.
Only a listing of available tobacco and/or ENDS brands/variants sold at the point-
of-sale establishment are allowed to appear outside of the storage or containment,
where such listing shall only be written/printed in any plain font, and devoid of any
recognizable product or brand typefaces, logo, indicia or markings. Such list shall
not occupy more than (25%) of the exposed side of the storage or containment. 88
m) For persons-in-charge of point-of-sale establishments, ensure that storages or

containments of tobacco products and/or ENDS are only opened by a store
personnel/manager at the counter during actual purchase by an adult customer, or
when being replenished, cleaned or inspected. 89
RULE VIII
PERSONS LIABLE
The following persons shall be liable under the Ordinance and these Rules:
8.1 Any person or entity who commits any of the prohibited acts.
8.2 Any person-in-charge who knowingly allows, abets or tolerates the commission of any
of the prohibited acts.
8.3 Any person in-charge who fails to fulfill his/her duties and obligations
83
84
85
86
87
88
89
Page 14 of 34
8.4 If the violator is a minor, the enforcer of this Ordinance shall report the incident
to the school principal/dean exercising jurisdiction over the minor-offender where
he shall be required to comply with disciplinary measures under the school where
he/she is enrolled, and/or to the City Social Welfare and Development Office for
appropriate action or intervention, pursuant to Republic Act 9344. Should the
school have no policy for offenses committed by their pupils outside school
premises or if the minor is an out-of-school youth, the enforcer shall present the
minor to the City Social Welfare and Development Office, which may likewise
involve the parents or guardians and/or a Barangay Official where the minor is a
resident.90 91
RULE IX
MATRIX OF PENALTIES
Violations of the Ordinance and these Rules shall be penalized as follows:
9.1 Payment of fines
OFFENSE FREQUENCY FINE

(in
Philippine
Pesos)
1) Smoking or vaping in enclosed or partially First Offense 500.00
enclosed public places, workplaces, public
conveyances (whether mobile or stationary),
or other public places, except in Designated
Smoking/Vaping Areas duly approved and
fully compliant with the requirements under
these Rules.
2) Allowing, abetting or tolerating the act of Second 1,000.00

smoking or vaping in places enumerated in Offense
the preceding paragraph, outside of approved
Designated Smoking/Vaping Areas.
3) Dereliction or failure of persons in-charge to

fulfill their duties and obligations under Third and 2,500.00
Section 6 subsequent
offenses
First Offense 2,000.00
4) Selling or distributing tobacco products and/or
ENDS in a school, public playground or other
facility frequented by minors, offices of the
Department of Health (DOH) and attached
90
91
R.A. 9344 has been amended by R.A. 10360 which provides: “SEC. 57-A. Violations of Local Ordinances. –
Ordinances enacted by local governments concerning juvenile status offenses such as, but not limited to, curfew
violations, truancy, parental disobedience, anti-smoking and anti-drinking laws, as well as light offenses and
misdemeanors against public order or safety such as, but not limited to, disorderly conduct, public scandal,
harassment, drunkenness, public intoxication, criminal nuisance, vandalism, gambling, mendicancy, littering, public
urination, and trespassing, shall be for the protection of children. No penalty shall be imposed on children for said
violations, and they shall instead be brought to their residence or to any barangay official at the barangay hall to
be released to the custody of their parents. Appropriate intervention programs shall be provided for in such
ordinances. The child shall also be recorded as a ‘child at risk’ and not as a ‘child in conflict with the law’. The
ordinance shall also provide for intervention programs, such as counseling, attendance in group activities for
children, and for the parents, attendance in parenting education seminars.”
Page 15 of 34
agencies, hospitals and health facilities, or Second 3,000.00
within 100 meters from any point in the Offense
perimeter of these places.
5) Selling and distributing tobacco products

and/or ENDS within premises of a
Third 5,000.00
government facility, and establishments that
Offense
serve food and drinks or provide
accommodation and entertainment.
6) Selling or distributing tobacco products and/or

ENDS to minors;
7) Purchasing tobacco products and/or ENDS

from minors.
8) Placing cinema and outdoor advertisements

of tobacco products and/or ENDS.
9) Placing, posting, displaying, distributing,

publishing, local broadcasting or conducting
any form of direct or indirect tobacco or ENDS
advertisement and/or promotion/promotional
activity within the territorial jurisdiction of
Butuan City, including those situated in
outdoor and indoor premises of tobacco
and/or ENDS point-of-sale establishments.
10) Displaying and placing tobacco products

and/or ENDS in open store shelves/racks,
except in enclosed, opaque and single-
colored storages/containments.
11) Ordering, instructing or compelling a minor to

use, light up, buy, sell, distribute, deliver,
advertise or promote tobacco products and/or
ENDS.
12) Selling tobacco products and/or ENDS

without a city/municipal permit to sell tobacco
products or ENDS.
13) Selling of tobacco products and/or ENDS as

individual pieces or per stick, or in tobacco
product packs containing less than 20
sticks/pieces.
14) Selling tobacco products and/or ENDS

removed from its original product packaging
or without the proper government-regulated
and approved health warning.
15) Selling tobacco products and/or ENDS by

ambulant or street vendors, including other
mobile or temporary stalls, kiosks, stations or
units.
Page 16 of 34
16) Selling or distributing of sweets, snacks, toys
or any other objects in the form of tobacco
products and/or ENDS which may appeal to
minors or bearing resemblance to their
logo/indicia/packaging.
9.2 Penalties for habituality
An offender who has committed any of the prohibited acts defined by Sections 5
(5.1 to 5.9), (5.17 to 5.22) and Section 6 for a third time or oftener shall face criminal
prosecution. The apprehending officer shall execute the enforcement procedure as
provided in Rule XII herein. The said officer shall immediately forward a copy of the same
to the City Legal Office for preparation and filing of the proper complaint.
If found guilty, the violator may be sentenced to suffer imprisonment for a period
not exceeding one (1) year OR be required to pay the fine corresponding to the third and
subsequent offense OR both such imprisonment and fine at the discretion of the court. In
the case of a business entity or establishment, its business license or permit may be
suspended for a minimum duration of one (1) week and a maximum duration of one (1)
month or permanently revoked wherever applicable. 92
9.2 Administrative sanctions for public officials or employees with respect to acts
committed in violation of Rule IV (4.3) hereof.
Any public official or employee who commits any of the acts prohibited under Rule
IV (4.3) hereof shall be considered as a ground for administrative disciplinary action
pursuant to Rule XIV (Discipline) of the Omnibus Rules Implementing Book V of Executive
Order No. 292, without prejudice to the filing of criminal as well as civil actions under
existing laws, rules and regulations.93 94
9.3 Administrative sanctions for public officials or employees
Any public official or employee who commits any of the malfeasances for public
officials or employees mentioned in Sections 5 (5.10), (5.11), (5.12), (5.13), (5.14), (5.15)
and (5.16) of the Ordinance and these Rules shall be administratively liable and shall be
dealt with appropriate disciplinary action pursuant to the Revised Rules on Administrative
Cases in the Civil Service (RRACCS) and other applicable Civil Service laws, rules and
regulations.
9.4 Suspension or revocation of business license or permit
Suspension or revocation of the business license or permit of an entity or

establishment for violation of the Ordinance shall be governed by the following rules:
a) The business license or permit of an entity or establishment that commits any

of the prohibited acts for a third time or oftener, does no action within fifteen
(15) days from receipt of the notice of violation or fails to settle the fine within
92
SP Ordinance No. 5598-2018, Sec. 8.1, 8.2, 8.4
93
94
CSC-DOH Joint Memorandum Circular No. 2010-01
Page 17 of 34
seven (7) working days from its issuance, shall (if basis is Sec. 8.4) or may
(if basis is Sec. 8.1 & 8.2) be suspended for a period not less than one (1)
week but not more than one (1) month, or revoked.95
b) If the business license or permit is found to have been issued by another

department, agency or local government unit (LGU) or the City of Butuan has
no jurisdiction over the same, the recommendation to suspend or revoke the
business license or permit shall be conveyed to the concerned issuing
department, agency or local government unit to which the same pertains.
c) The suspension of the business license or permit shall be lifted only after
compliance with all the requirements stipulated in the Ordinance and these
Rules upon re-inspection or evaluation of the City Health Office, City
Engineer’s/Architect’s Office, Business Permits and Licenses Division, the
Smoke Free Task Force, or any appropriate agency or governing body.
d) Any Task Force member may recommend the revocation or suspension of

license or permit of an erring establishment to the appropriate office. 96
9.5 Community Service
If a violator is unable to pay the fines imposed, he or she may choose to render
community service within the city. For every hour of community service rendered, his/her
outstanding fine shall be reduced by an amount equivalent to triple the hourly minimum
wage of Butuan City. 97
When a Citation Ticket is issued to a violator, the violator shall report to the City
Treasurer’s Office or its duly authorized collecting agent, within five (5) regular business
days after such issuance, where he or she shall either pay the fine imposed or render
community service. 98 If in case the violator is to render community service, the City
Treasurer will endorse him/her to the City ENRO thru the Ecological Solid Waste
Management (ESWM) Division.”
9.6 Confiscation or Removal
Tobacco products, ENDS and advertising/promotional paraphernalia associated

with any of the acts prohibited by the Ordinance shall be subject to confiscation and/or
removal.99
9.7 No Contest Provision
Persons liable who have been apprehended or cited for violation of any of the
prohibited acts of the Ordinance, except for Section 5.10, and who do not wish to contest
the violation, and is willing to pay voluntarily the administrative penalty imposed upon
him/her for the first and second offenses enumerated in Section 8.1 and 8.2. prior to the
filing of formal charges with the proper court shall be allowed to pay the penalty with the
95
The confusion with the suspension or revocation of business permit stems from the fact that under Section 8.1,
the power is discretionary, but in Section 8.4, the suspension is mandatory. Furthermore, from the tenor of the
provisions, it is discretionary with the appropriate authority if they should decide whether to suspend OR revoke
the business permit. Suspension is temporary, while revocation is permanent and requires the application of a new
permit.
96
97
98
99
Page 18 of 34
City Treasurer's Office, within five (5) regular business days from apprehension, to avoid
being criminally prosecuted. Otherwise, the case shall be prosecuted in court.
The “No Contest Provision” can no longer be availed for third and subsequent
offenses.
The proceeds from payment of the herein penalties imposed shall be subject to the
provision on Funding in Section 20 of this Ordinance. 100
9.8 Subsidiary Imprisonment
Subsidiary Imprisonment may be imposed by the court in the event that the
offender, who is found guilty of violating the provisions of this Ordinance, is unable
to pay the fine which he is sentenced to pay. 101
9.9 Proper Identification
a. Persons found in violation of this ordinance must present correct and valid
identification. In case any valid and sufficient form of identification is not presented,
he/she shall be brought to the nearest police station for proper identification, then to
the Smoke Free Task Force for the payment of penalty or rendition of community
service.102
b. For point-of-sale establishments, in case of doubt as to the age of a person who is

attempting to purchase a tobacco/ENDS, such person shall be presumed to be a minor,
until he/she is proven to be eighteen (18) years old or older. A valid identification may be
presented to prove the person’s age. In the absence of which, any other valid documents
may also be presented. 103
RULE X
CITATION TICKET SYSTEM
10.1 Violators of the Ordinance and these Rules shall be informed of the nature of their
respective violation and the penalty associated or corresponding thereto by means of
a Citation Ticket System or issuance of anti-smoking citation tickets.
10.2 The City Treasurer’s Office shall facilitate the printing and issuance of booklets of
Citation Tickets to the enforcers.
10.3 Upon apprehension or upon a finding by duly authorized enforcers of a violation

of the Ordinance, a Citation Ticket shall be issued to the person/s liable.
10.4 The Citation Ticket shall contain the following information:
a. Name and address of the violator, and, if available, his/her government-issued ID;
100
101
102
103
This is a rule recommended by this Office (in reference to Section 7 of R.A. 9344), to settle doubts as to the age
of a person who is attempting to buy a tobacco/ENDS at the point-of-sale establishments.
Page 19 of 34
b. A checklist of violations under the Ordinance;
c. The fine corresponding to each violation;
d. Option to render community service in case the violator is unable to pay the fine
e. Due date for compliance with the obligations imposed in the ticket 104
10.5 When a Citation Ticket is issued to a violator, the violator shall report to the
City Treasurer’s Office or its duly authorized collecting agent, within five (5) regular
business days after such issuance, where he or she shall either pay the fine imposed
or render community service under Section 8.5 hereof. If in case the violator is to
render community service, the City Treasurer will endorse him/her to the City ENRO
thru the Ecological Solid Waste Management (ESWM) Division.105
10.6 The City Treasurer’s Office shall keep duplicate copies of all Citation Tickets
issued to violators as well as other records of violations of the Ordinance.106
RULE XI
SMOKING CESSATION AND LIVELIHOOD PROGRAM
The City Health Officer, with the assistance of the Health Education and
Promotion Officer, or other members of the Smoke Free Task Force, which includes
the CSO representative designated shall develop, promote and implement a
Smoking Cessation Program and encourage the participation therein of public and
private facilities which may be able to provide for its requirements. Smokers who
are willing to quit including those who may be dual users of tobacco or ENDS
products, or ENDS product users who may have developed dependence, and those
found violating this Ordinance may be referred to the Smoking Cessation Program
and its facilities.
Persons involved in selling prior to the effectivity of this Ordinance, such as

ambulant vendors whose economic activity shall be affected or displaced by the
prohibitions on sales, shall be referred for enrollment and given assistance in the
livelihood programs of the city or other appropriate agency. 107
RULE XII
ENFORCEMENT
12.1 Composition/structure of the Smoke Free Task Force108
CHAIRMAN: City Mayor
104
SP Ordinance No. 4407-2014, Sec. 9 (9.1, 9.2 & 9.3)
105
106
107
108
Page 20 of 34
MEMBERS:
- City Health Officer
- Health Education and Promotion Officer (HEPO)
- Department of Health (DOH)
- City Administrator
- City Engineer
- City Environment and Natural Resources Officer
- City Legal Officer
- City Public Information Officer
- City Treasurer
- Division Chief, Business Permits and Licenses Division
- City Social Welfare and Development Officer
- City Human Resource Management Officer
- Representative/s from Civil Society Organizations (CSOs)

as designated by the City Health Officer
- Representative of the Philippine National Police
- Environment Management Bureau (EMB)
- Representative/s from DepEd, CHED and/or academic

institutions
- Liga ng mga Barangay President
- Bureau of Jail Management and Penology (BJMP)
- Other member/s identified by the City Health Officer

whose specific function/s in the City Government and role
may be relevant in the effective implementation and
enforcement of the Ordinance or Rules)
Page 21 of 34
12.2 Disqualifications109
To protect the primary health objectives of the Ordinance from any and all interests
prejudicial to tobacco control policies and to preserve its integrity, the Task Force shall
not include or admit as its member any person or entity who:
a) Upholds or accommodates tobacco industry interests; or

b) Is connected in any way to the tobacco industry.
12.3 Prohibitions and Sanctions 110
No member shall receive for himself or for other individuals,

beneficiaries or groups, any contribution or compensation, directly or
indirectly, whether financial or otherwise, from the tobacco industry. Non-
compliance of this provision, governing the Task Force shall serve as
grounds for the removal of the erring Task Force
member/s. If the erring Task Force member is likewise a public official or

government personnel, he/she shall also be subject to sanctions prescribed
under the CSC-DOH Joint Memorandum Circular 2010-001.
12.4 General duties and responsibilities of the Task Force
The Task Force shall:

a) Aid in the implementation, enforcement and monitoring of the Ordinance
b) Protect the Ordinance from tobacco industry interference at all times
c) Conduct educational awareness campaigns, information dissemination

programs, and capacity building programs that will inform the constituents and train
enforcement officers
d) Receive, review and process reports of violations and complaints regarding

the Ordinance111
e) Serve citations and notices112
f) Attend regular Task Force meetings 113
g) Deputize enforcers under Sections 13 to 16 of the Ordinance 114
12.5 Respective Roles of Task Force members
109
110
111
SP Ordinance No. 5598-2018, Sec. 12, Par. 1
112
113
114
Page 22 of 34
12.5.1 The City Health Officer shall:
a) Serve as the overall coordinator among all the offices/departments involved
in the implementation of the Ordinance;
b) Make tobacco control, including the implementation and enforcement of the

Ordinance, integrated in the health program and propose funding under the
general appropriation of Butuan City
c) Monitor, together with the Sanitary Inspector, Enforcers and/or Task Force
members, the compliance of this Ordinance in public places, establishments,
conveyances, point-of-sale, and including the approval/disapproval of permits in
Designated Smoking/Vaping Areas (DSAs/DVAs) as well as permits/licenses for
tobacco/ENDs point-of-sale.115
d) Facilitate together with enforcers and/or Task Force members the

imposition of fines, suspension, or revocation of permits/licenses for violations of
the same;
e) Assign a hotline or any other number to which violations of this Ordinance

may be reported by phone call or SMS, and a person to operate the line and record
reports;
f) Develop, promote and implement a Smoking Cessation Program, as stated

under Section 10 of the Ordinance;
g) Assist hospitals and other health facilities including any office of the DOH
within Butuan City, together with the Sanitary Inspector, Enforcers and/or Task
Force members, in the monitoring of tobacco/ENDS products’ sales,
advertisements and promotions within 100 meters from the perimeter of schools,
public playgrounds, facilities frequented by minors and health facilities. 116
12.5.2 The Health Education and Promotion Officer shall:
a) Develop and produce information, education and communication materials

on the harmful effects of second-hand smoke as well as on the provisions of the
Ordinance;
b) Encourage constituents to monitor and report violations of the Ordinance;
c) Assist the City Health Officer in developing, promoting and implementing a

Smoking Cessation Program;
12.5.3 The Department of Health shall:
a) Assist in monitoring the implementation of anti-smoking ordinance
115
SP Ordinance No. 5598-2018, Sec. 12.1(c)
116
SP Ordinance No. 5598-2018, Sec. 12.1(g)
Page 23 of 34
b) Provide technical assistance in terms of trainings, augmentation of logistics
and IEC materials and building networks
12.5.4 The City Administrator shall
a) Assist the Mayor in overseeing the implementation and enforcement of the

Ordinance and Rules in close coordination with other members of the Task
Force
b) Provide regular updates to the Mayor on the status of the Ordinance’s

implementation and enforcement
12.5.5 The City Engineer shall:
a) Conduct, together with the City Health Office or on its own, inspection
activities as provided in the Ordinance;
b) Determine whether or not enclosed or partially enclosed public places,

workplaces or other public places, and point-of-sale establishments comply
with the requirements of the Ordinance
c) Recommend the approval, suspension or revocation of licenses/permits for

establishments/facilities as to compliance with the provisions of the
Ordinance
12.5.6 The City Environment and Natural Resources Officer shall:
a) Apprehend violators in accordance with the provisions of the Ordinance
b) Supervise the implementation of the Ordinance including anti-littering
c) Facilitate the conduct of community service for those offenders who chose
and manifested to undertake the same
d) Assist in promoting awareness of this Ordinance as a component in the

protection and conservation of the environment and in encouraging public
support and participation in its implementation and enforcement; 117
e) Assist in inspection and monitoring violations of the Ordinance on its own

or with any other member of the Task Force.118
12.5.7 The City Legal Officer shall:
a) File appropriate cases for violations of this Ordinance;
b) Extend legal assistance to the Task Force on matters pertaining to the

Ordinance;
c) Coordinate with the Department of Health as to legal concerns related to

the Ordinance;
117
SP Ordinance No. 5598-2018, Sec. 12.11 (d)
118
SP Ordinance No. 5598-2018, Sec. 12.11 (e)
Page 24 of 34
12.5.8 The City Public Information Officer shall:
a) Assist in the dissemination of information pertaining to all aspects of the

Ordinance including the printing and distribution of copies of the Ordinance
to the public;
b) Make a primer summarizing the provisions of the Ordinance, and facilitate

the development of related information materials and required signages;
c) Publicize activities and reports related to the implementation and

enforcement of the Ordinance
12.5.9 The City Treasurer shall:
a) Facilitate the printing of Citation Tickets;
b) Issue booklets of the Citation Tickets to the enforcers;
c) Collect/receive fines paid by violators and submit reports on its collection;
d) Designate collection agents as necessary to assist in efficient collection of

fines;
e) Facilitate the release and allocation of funds derived from the collection of
fines, generated resources and appropriated budget
12.5.10 The City Business Permits and License Officer shall:
a) Order the suspension or revocation of licenses/permits of establishments

found to have violated the Ordinance, subject to the provisions of Section
8 thereof and these Rules
b) Deny renewal of licenses/permits of habitual violators of the Ordinance
c) Establish procedure for identifying, informing and marking establishments

covered by the 100-meter ban on sale, distribution and advertising of
tobacco products and ENDS. 119
12.5.11 The City Social Welfare and Development Officer shall:
a) Assist in the enforcement of the Ordinance when minors are involved
b) Provide the necessary interventions for minors implicated in violations
12.5.12 The City Human Resource Management Officer shall:
119
SP Ordinance No. 5598-2018, Sec. 12.7 (c)
Page 25 of 34
a) Oversee the implementation of smoke free government facilities and
compliance with CSC MC No. 17-2009, this Ordinance and Rules
b) Evaluate for approval the proper establishment of DSAs in government

facilities where it may apply
c) Assist in matters related to tobacco control policies as it applies to the

performance of functions and duties affecting government personnel;
d) Oversee the strict implementation of policy preventing Tobacco Industry

Interference, pursuant to the CSC-DOH Joint Memorandum Circular 2010-
01;120
e) Monitor, supervise and report on all concerns pertaining to Tobacco

Industry activities, communications, and other related concerns. 121
12.5.13 The CSO Representative/s shall:
a) Assist in inspecting and monitoring violations of the Ordinance and Rules;
b) Assist in promoting awareness of the Ordinance and in encouraging public

support and participation for its implementation and enforcement;
c) Assist in promoting and, if capable, implementing a Smoking Cessation

Program;
d) Assist in developing and conducting orientations and training seminars for

enforcers;
e) Assist in evaluating the performance of the Task Force and the

effectiveness of the implementation and enforcement of the Ordinance and
Rules.
12.5.14 The PNP Representative shall:
a) Apprehend violators in accordance with the provisions of the Ordinance;
b) Assist City officials and deputized civilians in the apprehension of violators

and in the filing of appropriate complaints when necessary;
c) Assist in promoting awareness of the Ordinance and in encouraging public

support and participation in its implementation and enforcement;
d) Employ the assistance of other members of the Task Force during

enforcement
12.5.15 The Environment Management Bureau shall:
120
SP Ordinance No. 5598-2018, Sec. 12.17 (d)
121
SP Ordinance No. 5598-2018, Sec. 12.17 (e)
Page 26 of 34
a) Conduct periodic monitoring of air, water, soil quality and other studies
pertinent to determining levels of exposure to tobacco smoke, residue, by-
products and litter;
b) Provide expertise in the application and management of appropriate

technologies to avert environmental risks and damage posed by tobacco
smoke, residue, by-products and litter;
12.5.16 The Representative/s from DepEd, CHED and/or academic institutions

shall:
a) Implement the Department Orders on the integration of tobacco control

education into the school curricula
b) Ensure strict compliance of the Memos and Orders on the protection of the
bureaucracy from Tobacco Industry Interference as per FCTC Article 5.3
c) Ensure strict compliance of schools in enforcing 100% smoke free campuses

and school facilities including the schools’ vehicles
d) Ensure the posting of “No Smoking” signs and notices on the ban on the sale
of Tobacco Products within 100 meters from the perimeter of schools and
centers of youth activity
e) Assist in the monitoring of tobacco/ENDS products’ sales, advertisements and

promotions within 100 meters from the perimeter of schools, public playgrounds
and facilities frequented by minors.122
12.5.17 The President of the Liga ng mga Punong Barangay shall:
a) Assist in promoting awareness of the Ordinance and in encouraging public

support and participation in its implementation and enforcement
b) Coordinate with all Barangay Captains and the PNP in monitoring violations of
the Ordinance within his jurisdiction
c) Provide the necessary coordination among the Barangay Health Workers,

Kagawards and Tanods and other enforcers (i.e. Coast Guards) for the
implementation of activities pertinent to the Ordinance
d) Assist in the facilitation of and referrals to the Smoking Cessation Program at

the Barangay Level if applicable
12.5.18 The Bureau of Jail Management and Penology shall:
a) Assist in promoting awareness of the Ordinance in encouraging public support

and participation in its implementation and enforcement
122
SP Ordinance No. 5598-2018, Sec. 12.13 (but note that this numbering may be a clerical error, and the correct
number should be “12.16”)
Page 27 of 34
b) Monitor compliance of public places, establishments, conveyances, point-of-
sale, DSAs with the Ordinance and Rules, together with other members of the
Task Force
c) Coordinate with enforcers and/or Task Force members regarding the imposition
of fines, suspension or revocation of licenses/permits for violations;
d) Coordinate with the City Government on the Smoking Cessation Program
12.6 Enforcement Procedure on Individuals.123
a) Upon a finding by duly authorized enforcers such as members of the PNP and/or
persons duly deputized by the Task Force of a violation of the Ordinance or failure
to comply with the provisions of Section 5 and 6 thereof, the violator shall be
apprehended;
b) The enforcer shall identify the violator and his/her address through any valid
government-issued identification card presented by the latter upon apprehension
such as but not limited to: driver’s license, Professional Identification Card or PRC
license, postal ID, voter’s ID, Unified Multipurpose ID (UMID), Government Service
Insurance System (GSIS) e-card, Social Security System (SSS) card, PhilHealth
card, Senior Citizen’s ID and government office ID.
In case any valid or sufficient form of identification is not presented, he/she shall
be brought to the nearest police station for proper identification.
c) The violator shall then be issued with a citation ticket in accordance with Section 9
of the Ordinance and Rule 10 hereof;
d) Should the violator be a public official or employee, an administrative case shall

be instituted against the latter in accordance with the Revised Rules on
Administrative Cases in the Civil Service (RRACCS);
e) Should the violator be a minor as defined in the Ordinance and Rules, he or she
must be brought to the nearest Social Welfare Office for dispensation or
appropriate action subject to Republic Act No. 9344 or the Juvenile Justice and
Welfare Law), and/or to the school authorities at the school where the minor is
enrolled, and/or to the Barangay Office where the minor is a resident, and where
the parents or guardians maybe called.
f) In the conduct of enforcement, monitoring and roving operations, the enforcer may
be accompanied by any barangay official or representative of the barangay, if
available, who shall sign the citation ticket as corroborating witness;
g) The violator shall report to the City Treasurer’s Office or its duly authorized
collecting agent within five (5) regular business days from the time of the issuance
of the citation ticket for the payment of the fine or for him/her to personally manifest
whether or not he/she will undertake community service.
The City Treasurer’s Office shall immediately verify its records to determine the
frequency of commission of the violator concerned. If it has been determined that
123
Page 28 of 34
the violator has committed any of the prohibited acts for a third time or oftener or
is a habitual delinquent, the said Office shall decline any money tendered by the
former as payment for the fine corresponding to such third or subsequent offense,
and indorse the latter’s citation ticket to the City Legal Office for the filing of
appropriate charges.
If it has been determined that the violator has been apprehended for the first or
second offense, the said Office shall require him/her to pay the fine prescribed for
such first or second offense. Otherwise, if the violator elects and manifests to
undertake community service, the said Office shall refer him/her to the CENRO
through the ESWM Division;
h) The apprehending officers shall forward copies of the citation tickets issued to the
City Treasurer’s Office as frequent as once a week. Immediately thereafter, the
said Office shall:
1) Determine the frequency of commission of each and every offender based on

its records. As soon as it has been determined that an offender has committed
any of the prohibited acts for a third time or oftener or is a habitual offender,
he/she shall not be allowed to pay the fine corresponding thereto but shall be
subjected to criminal prosecution, in which case, the said Office shall segregate
and forward the citation ticket of the offender concerned to the City Legal Office
for the preparation and filing of the proper complaint.
2) For offenders who have been apprehended for the first and second offense or
instance but have failed to pay or settle the fines corresponding thereto within
the time prescribed, the said Office shall segregate and forward their citation
tickets to the City Legal Office for the preparation and filing of the proper
complaints.
i) The City Legal Office may request in writing the withdrawal of any pending criminal
case filed for violation of the Ordinance subject to the following conditions:
1) The accused has been found to have violated the Ordinance for the first or
second offense but fails to pay or settle the fine corresponding thereto within
the time prescribed and a case is already filed in court.
2) The accused, during the pendency of his case, pays the fine corresponding to
such first or second offense and an additional administrative fine in the
amount of One Thousand Five Hundred Pesos (P 1,500.00) as imposed by SP
Ordinance No. 2417-2002 as amended by SP Ordinance No. 5098-2016.
3) The accused presents to the City Legal Office an Official Receipt duly issued
by the City Treasurer’s Office showing payment of the said fines.
The said Office shall not request the withdrawal of the case of an accused found
to have violated the Ordinance for a third time or oftener inasmuch as the latter is
prohibited from paying the fine and that payment of the fine for the third and
subsequent offense is a penalty which the Court at its discretion can impose with
or without imprisonment for a period not exceeding one (1) year.
12.7 Enforcement Procedure on Public Conveyances
Page 29 of 34
a) Members of the PNP and/or persons duly deputized by the Task Force shall
inspect public conveyances plying city streets and thoroughfares during their hours
of operation;
b) Upon a finding of a violation of the Ordinance, the person in-charge thereof shall
be apprehended;
c) The apprehending officer shall identify the violator and his/her address by his/her
driver’s license or by any government-issued identification card presented by the
latter upon apprehension such as but not limited to: Professional Identification
Card or PRC license, postal ID, voter’s ID, Unified Multipurpose ID (UMID),
Government Service Insurance System (GSIS) e-card, Social Security System
(SSS) card, PhilHealth card, Senior Citizen’s ID and government office ID.
In case any valid or sufficient form of identification is not presented, he/she shall
be brought to the nearest police station for proper identification. 124
d) Citation tickets shall then be issued to the person in-charge of the conveyance.
e) In the conduct of enforcement, monitoring and roving operations, the enforcer may
be accompanied by any barangay official or representative of the barangay, if
available, who shall sign the citation ticket as corroborating witness;
f) The violator shall report to the City Treasurer’s Office or its duly authorized
collecting agent within five (5) regular business days from the time of the issuance
of the citation ticket for the payment of the fine or for him/her to personally manifest
whether or not he/she will undertake community service.
The City Treasurer’s Office shall immediately verify its records to determine the
frequency of commission of the violator concerned. If it has been determined that
the violator has committed any of the prohibited acts for a third time or oftener or
is a habitual delinquent, the said Office shall decline any money tendered by the
former as payment for the fine corresponding to such third or subsequent offense,
and indorse the latter’s citation ticket to the City Legal Office for the filing of
appropriate charges.
If it has been determined that the violator has been apprehended for the first or
second offense, the said Office shall require him/her to pay the fine prescribed for
such first or second offense. Otherwise, if the violator elects and manifests to
undertake community service, the said Office shall refer him/her to the CENRO
through the ESWM Division;
g) If the violator manifests to undertake community service, the City Treasurer’s

Office shall refer him/her to the CENRO through the ESWM Division;
h) The apprehending officers shall forward copies of the citation tickets issued to the
City Treasurer’s Office as frequent as once a week. Immediately thereafter, the
said Office shall:
1) Determine the frequency of commission of each and every offender based on

its records. As soon as it has been determined that an offender has committed
any of the prohibited acts for a third time or oftener, he shall not be allowed to
pay the fine corresponding thereto but shall be subjected to criminal
prosecution in which case the said Office shall segregate and forward the
124
Page 30 of 34
citation ticket of the offender concerned to the City Legal Office for the
preparation and filing of the proper complaint.
2) For offenders who have been apprehended for the first and second offense or
instance but have failed to pay or settle the fines corresponding thereto within
the time prescribed, the said Office shall segregate and forward their citation
tickets to the City Legal Office for the preparation and filing of the proper
complaints.
i) The City Legal Office may request in writing the withdrawal of any pending criminal
case filed for violation of the Ordinance subject to the following conditions:
1) The accused has been found to have violated the Ordinance for the first or
second offense but fails to pay or settle the fine corresponding thereto with the
City Treasurer’s Office within the time prescribed and a case is already filed in
court.
2) The accused, during the pendency of his case, pays the City Treasurer’s Office
the fine corresponding to such first or second offense and an additional
administrative fine in the amount of One Thousand Five Hundred Pesos (P
1,500.00) as imposed by SP Ordinance No. 2417-2002 as amended by SP
Ordinance No. 5098-2016.
3) The accused presents to the City Legal Office an Official Receipt duly issued
by the City Treasurer’s Office showing payment of the said fines.
The said Office shall not request the withdrawal of the case of an accused found
to have violated the Ordinance for a third time or oftener inasmuch as the latter is
prohibited from paying the fine and that payment of the fine for the third and
subsequent offense is a penalty which the Court at its discretion can impose with
or without imprisonment for a period not exceeding one (1) year.
12.8 Enforcement Procedure on Establishments
a) Representatives from the City Health Office, the City Engineer’s Office and
Business Permits and Licenses Division shall form an inspectorate team to
conduct inspections of establishments and buildings, in enclosed or partially
enclosed public places, workplaces and Designated Smoking Areas to determine
their compliance with the Ordinance and these Rules. In conducting inspections,
the inspectorate team may be joined by any barangay official or representative of
the barangay, if available, who shall sign the citation ticket (or notice of violation)
as corroborating witness;
b) Regular inspection shall be conducted at least once every month by the team either
on its own or simultaneously with other inspections by appropriate offices or
departments, whichever is more frequent, during normal hours of operation of the
establishment;
c) Upon a finding of a violation or non-compliance with the Ordinance, a citation ticket

(or notice of violation) shall be issued to the person in-charge of the establishment
and building, in enclosed or partially enclosed public places, workplaces and
Designated Smoking Areas;
Page 31 of 34
d) A citation ticket shall be issued for each day the establishment is found to be non-
compliant;
e) Re-inspection of the establishment shall be done any time after the issuance of the
citation ticket but no re-inspection shall be conducted after the lapse of ten (10)
days from the date of issuance of the ticket;
f) If after re-inspection the establishment persistently fails to comply with the

obligations stated in the citation ticket, the inspectorate team shall recommend the
suspension of its license to operate consistent with Section 8 of the Ordinance as
elaborated in Rule 9 hereof;
g) The business license or permit of the establishment may also be suspended or

revoked if no corrective or appropriate action is made within fifteen (15) days from
receipt of the citation ticket (or notice of violation) or fails to settle the fine within
seven (7) working days from its issuance in accordance with Section 8 of the
Ordinance and Rule 9 hereof;
h) In the course of the inspection, the inspectorate team may apprehend individual
violators and request the assistance of the PNP whenever necessary.
12.9 Civilian Participation in Enforcement.125
a) The City Health Office shall designate one or more civil society organizations
(CSO) not connected/represents interests of the Tobacco Industry to discharge the
duties enumerated in Section 12.8 of the Ordinance subject to the approval of the
City Mayor
b) The Mayor may deputize qualified civilians to serve as enforcers of the Ordinance.
c) Any person can file with the Task Force a report or complaint, or present evidence
for any violation of this Ordinance, or be assigned other duties pursuant to the
attainment of its effective implementation.
RULE XIII
INFORMATION CAMPAIGN AND TRAININGS
13.1 The Task Force shall:

13.1.1 In coordination with the Office of the City Mayor: 126
a) Provide at least two (2) copies of the Ordinance to every police station or precinct
in the jurisdiction of the city;
b) Provide a primer or briefer to every member of police force;
c) Conduct lectures to brief members of the police force on the provisions of the
Ordinance and their responsibilities thereunder with respect to enforcement
125
126
Page 32 of 34
13.1.2 Provide a copy of the Ordinance and its primer to all establishments with existing
licenses to operate as well as to those applying for new licenses or permits to operate,
and/or permits to sell tobacco/ENDS products, in coordination with the Business Permits
and Licenses Division;127
13.1.3 Provide a copy of the Ordinance and its primer to all public conveyances plying
within and through the city. 128
13.2 The City Engineer’s Office shall put up billboards in all conspicuous places in the
city to inform the public of the restrictions and sanctions imposed by the Ordinance. The
City Public Information Office shall also immediately issue notices regarding the
obligations of persons under the Ordinance at the barangay level for dissemination
therein.129
13.3 Conduct of Orientation Seminars and Trainings. 130

The City Health Officer with the assistance of the Health Education and Promotion Officer
and the CSO representative/s with other members of the Task Force, shall develop and
conduct a series of orientation seminars and trainings for the enforcers of the Ordinance,
at least one for each group, including but not limited to deputized enforcers such as
barangay health workers, barangay tanods, and the city police.
RULE XIV
APPROPRIATION
14.1 Funding.131
A minimum of ten percent (10%) shall automatically be set aside in the annual budget of
the City for the implementation and enforcement of the Ordinance based on the Butuan
City plans and programs, and to defray expenses such as but not limited to:
14.1.1 Cost of printing copies of the Ordinance, Citation Tickets and information,
education and communication materials pertaining to tobacco control;
14.1.2 Cost of inspection and enforcement by the Smoke Free Task Force including
allowances for meals and transportation, the amounts of which shall be set by the Office
of the Mayor;
14.1.3 Incentives or rewards for private citizens who report violations of the Ordinance;
127
128
As an observation, this has been omitted in the new ordinance.
129
130
131
Page 33 of 34
14.1.4 Institutional and operating expenses of the Smoking Cessation Program and
facility;
14.1.5 Other expenses associated with the implementation and enforcement of the
Ordinance.
14.2 Sharing of Proceeds from Administrative Fines.
Fines paid by violators to the City shall be apportioned as follows:
14.2.1 Twenty-five percent (25%) of the amount of the penalty paid by a violator to the
City Treasurer’s Office shall accrue to the apprehending officer or deputized enforcer as
incentive.
14.2.2 The remainder of seventy-five percent (75%) shall accrue to a Trust Fund
established for the purpose of defraying the costs of operations of the Smoke Free Task
Force. The Task Force shall have the power to determine how the Trust Fund is to be
utilized in furtherance of the Ordinance but subject to the usual government accounting
and auditing rules and regulations.
RULE XV
EFFECTIVITY
These implementing rules and regulations shall take effect fifteen (15) days
following their publication in a newspaper of local or general circulation within the City of
Butuan, and posting in at least two (2) conspicuous places therein.
SO ORDERED.
Done this _____ day of __________ in the year of our Lord, Two Thousand and
Eighteen in Butuan City, Philippines.
Engr. RONNIE VICENTE C. LAGNADA

City Mayor
Page 34 of 34

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THE IMPLEMENTING RULES

AND REGULATIONS OF SP ORDINANCE NO. 4407-2014,

WHEREAS, cigarette smoke contains 4,000 chemicals, including 43 known cancer-

PURPOSE AND SCOPE

The following terms shall be used and applied in these rules:

c.) Conflict of Interest – arises when a public official or employee is a member of a

d.) Designated Smoking/Vaping Area - refers to an outdoor space where

e.) Electronic Nicotine Delivery System (ENDS) – includes Electronic Non-Nicotine

f.) Enclosed or partially enclosed – means being covered by a roof or enclosed by

p.) Person-in-charge - refers to:

q.) Point-of-sale - refers to any location at which an individual can purchase or

r.) Public conveyances - refers to modes of transportation servicing the general

v.) Smoking – means being in possession or control of a lit tobacco product

y.) Tobacco Industry – refers to organizations, entities, associations and individuals

The following acts are declared unlawful and prohibited:

4.1 For any person, person in-charge or entity to:

a.) Smoke or vape in enclosed or partially enclosed public places, workplaces,

b.) Allow, abet or tolerate smoking or vaping in places enumerated in the

c.) Sell or distribute tobacco products and/or ENDS in a school, public

h.) Sell tobacco products and/or ENDS by ambulant or street vendors,

j.) Sell or distribute tobacco products and/or ENDS to minors. 43

k.) Purchase tobacco products and/or ENDS from minors. 44

m.) Place cinema and outdoor advertisements of tobacco products and/or

4.2 For public officials and employees to:51

a.) Provide incentives, privileges, benefits or exemptions to the tobacco industry

a.) Facilitate, participate or engage in partnership in any form of contribution,

STANDARD SPECIFICATIONS FOR DESIGNATED SMOKING AREAS (DSAs)

a) It shall be located in an open space with no permanent or temporary roof or walls

STANDARD SPECIFICATIONS FOR ANTI-SMOKING SIGNAGES / STICKERS

6.1 General provisions

a) Persons in-charge shall cause the affixing, posting or displaying of

b) The stickers/signages shall essentially feature the International “No Smoking”

First line: “STRICTLY NO SMOKING AND NO VAPING”

 Guidelines for posting/displaying:

b) For public conveyances

First line: “STRICTLY NO SMOKING AND NO VAPING IN THIS

 Guidelines for posting/displaying:

c) For schools, public playgrounds or other facilities frequented by minors, offices of

First line: “SELLING, ADVERTISING AND PROMOTING

 Guidelines for posting/displaying:

d) For point-of-sale establishments

First line: “SALE/DISTRIBUTION OF TOBACCO PRODUCTS AND E-

 Guidelines for posting/displaying:

e) For government workplaces and grounds (CSC MC No. 17-2009)

First line: “STRICTLY NO SMOKING”

DUTIES AND OBLIGATIONS OF PERSONS IN-CHARGE

7.1 General duties and obligations in general

All persons in-charge shall:

a) Affix, post or display anti-smoking signages/stickers in the places or conveyances

f) Allow inspectors acting under Sections 14 and 15 of the Ordinance and

g) For persons-in-charge of schools, public playgrounds or other facilities frequented

h) For persons-in-charge of point-of-sale establishments to remove all forms of

j) For persons-in-charge of commercial establishments/buildings or other non-

k) For persons-in-charge of establishments intending to sell tobacco products and/or

l) For persons-in-charge of point-of-sale establishments, secure approval from the

m) For persons-in-charge of point-of-sale establishments, ensure that storages or

Violations of the Ordinance and these Rules shall be penalized as follows:

9.1 Payment of fines

OFFENSE FREQUENCY FINE

2) Allowing, abetting or tolerating the act of Second 1,000.00

3) Dereliction or failure of persons in-charge to

5) Selling and distributing tobacco products

6) Selling or distributing tobacco products and/or