Republic of the Philippines

Province of Davao del Norte

CITY OF TAGUM

BEFORE THE 6th CITY COUNCIL

EXCERPT FROM THE MINUTES OF THE 98th REGULAR SESSION OF THE 6th CITY
COUNCIL OF TAGUM, PROVINCE OF DAVAO DEL NORTE HELD ON JUNE 1, 2015 AT
THE SP SESSION HALL.

PRESENT:
Hon. GETERITO T. GEMENTIZA, MDMG City Vice Mayor (Presiding
Officer)
Hon. FRANCISCO C. REMITAR, MDMG, Member
Hon. ALAN D. ZULUETA, DPA, Member
Hon. NICANDRO T. SUAYBAGUIO, JR., Member
Hon. OSCAR M. BERMUDEZ, MD, MDMG, Member
Hon. EVA LORRAINE E. ESTABILLO, Member
Hon. MACARIO A. BERMUDEZ, II, Member
Hon. TRISTAN ROYCE R. AALA, MDMG, Member
Hon. AGRIPINO G. COQUILLA, JR., CE, Member
Hon. FERNAND S. BORDIOS, MSSW, Member
Hon. ESTER L. ANGOY, Member
Hon. PROSPERO E. ESTABILLO, JR., Member (ABC Representative)
Hon. DAMIANO L. CIPRO, Member (IP Representative)

CITY ORDINANCE NO. 703, s-2015

“AN ORDINANCE FOR THE REGULATION OF SMOKING IN PUBLIC PLACES,

INCLUDING PUBLIC CONVEYANCES, SELLING, ADVERTISEMENTS, PROMOTIONS AND
SPONSORSHIP OF TOBACCO PRODUCTS, AND PROVIDING PENALTIES THEREFOR, IN
ACCORDANCE WITH THE TOBACCO REGULATION ACT OF 2003 AND ITS
IMPLEMENTING RULES AND PROVIDING FUNDS THEREOF.”

SECTION 1. Definition of Term. – As used in this Ordinance:

a. Accommodation and Entertainment Establishments – refer to

establishments that provide food, accommodation, drinks, merchandise,
entertainment or other professional services including, but not limited to,
restaurants, fast foods, eateries, hotels, motels, lodges, inns, boarding houses,
disco houses, videoke bars, resto bars and movie houses, or any other place
with pleasant environment and atmosphere conducive to comfort, healthful
relaxation and rest, offering food and/ or drinks, sleeping accommodation and
recreation facilities to the public for a fee.
b. Advertisement – refers to any visual and/or audible message disseminated
to the public about or on 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 ordinance,
advertisement shall be understood as tobacco advertisement.
c. Advertising – refers to the business of conceptualizing, presenting, making
available and communicating to the public, through any form of mass media,
any fact, data or information about the attributes, features, quality or
availability of consumer products, services or credit.
d. Celebrity – refers to any natural person who, by his accomplishments or
fame, or by reason of his profession or calling, gives the public a legitimate
interest in his doings, affairs and character. The term includes anyone who has
arrived at a position where public attention is focused upon him as a person,
such as, but not limited to, actors, athletes and other sports personalities, war
heroes, famous inventors and explorers among others.

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(Excerpt from the Minutes of the 98th Regular Session/June 1, 2015) Page 2
CITY ORDINANCE NO. 703, s-2015, cont’d:

e. Cigarette – refers to any roll or tubular constructions, which contains tobacco

or its derivatives and is intended to be burned or heated under ordinary
conditions of use.
f. Smoking – refers to the lighting and/or puffing of any cigarette, cigar, and
tobacco product of any kind, forms of 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 of
smoking prohibited under this Ordinance.
g. Distributor – refers to any person to whom a tobacco product is delivered or
sold for purposes of distribution in commerce, except that such term does not
include a manufacturer or retailer or common carrier of such product.
h. Enclosed area – refers to an area that is physically separated from adjacent
areas by walls or partitions and a roof or ceiling. The walls or partitions must
be continuous, interrupted only by doors and windows. The mere presence of
a roof or ceiling over the structure, but without walls or partition surrounding
said structure, does not constitute an enclosed area.
i. Mass media – refers to any medium of communication which reaches a mass
of people. For this purpose, mass media includes print media such as, but not
limited to newspapers, magazines, and publications; broadcast media such as,
but not limited to, radio, television, cable television, and cinema; electronic
media such as but not limited to, the internet. For the purpose of this
Ordinance, communications designed to reach persons by private, postal or
regular mail, electronic mail (e - mail), and similar means shall not be
considered as mass media.
j. Minor – refers to any person below eighteen (18) years old.
k. Perimeter – when used in this ordinance in relation to sale of, and outdoor
advertisement for, tobacco products, the term shall refer to any point in the
boundaries as indicated in the Original Certificate of Title or Transfer
Certificate of Title of the tract of land that is actually used or occupied by a
public school, public playground owned by the government or other facility
frequented particularly by persons below eighteen (18) years of age who are
or are intended to be the principal users or patrons of such facility, whether or
not said tract of land is separated by adjacent tracts by a wall or fence.
l. Point-of-Sale – refers to any location at which an individual can purchase or
otherwise obtain tobacco products. For the purpose of this Ordinance,
Itinerant/ambulant vendors are not covered by the term “point-of-sale”.
m. 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.
n. Promotion – refers to an event or activity organized by or on behalf of a
tobacco manufacturer, distributor or retailer with the aim of promoting a
brand of tobacco product, which event or activity would not occur but for the
support given to it by or on behalf of the tobacco manufacturer, distributor or
retailer. It may also refer to the display of a tobacco product or manufacturer’s
name, trademark, logo, etc. on non-tobacco products. This includes the paid
use of tobacco products bearing the brand names, trademarks, logos, etc. In
movies, television and other forms of entertainment. For the purpose of this
Ordinance, promotion shall be understood as tobacco promotion.

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(Excerpt from the Minutes of the 98th Regular Session/June 1, 2015) Page 3
CITY ORDINANCE NO. 703, s-2015, cont’d:
 o. Public Conveyances – refers to any vehicle, whether mobile or stationary,
used in the transport of passengers or available to the public as a mode of
transport, such as, but not limited to, jeepneys, buses, trains, vans, taxis,
airplanes, ships, and other modes of water transportation, tricycles,
motorcycles and other public utility vehicles whether covered by a certificate
of Public Convenience or not.
p. Public places – refers to enclosed or confined areas of all hospitals, medical
clinics, schools, public transportation terminals and offices and buildings such
as private and public offices, recreational places, shopping malls, movie
houses, hotels, restaurants, and the like.
q. Public Outdoor Spaces – refer to outdoor spaces that are open to the public
or places where facilities are available for the public or where crowd of people
gather or congregate or regardless of ownership or right to access such as,
but not limited to, parks, playgrounds, sports grounds or centers, gaming
areas, cockfighting areas, healthcare/hospital compounds, cemeteries,
gardens, resort, beaches, pools, markets, streets, sidewalks, parking areas,
walkways, entrance ways, waiting areas, stairwells and the like.
r. Public Building refers to any of the following:

1. A building structure owned by the government or owned by a private

person but used, rented or occupied by the government or any of its
instrumentalities; and
2. Any building or structure used or controlled exclusively for public purposes
by any department or branch of government, local government unit or
barangay without reference to the ownership of the building;
s. Shisha – refer to a device or instruments which may have a single or
multistemmed pipe for smoking, whether or not it delivers nicotine to the
user, in which the smoke is passed through a water basin before inhalation. It
is also known as waterpipe, Sheesha, Hookah, Nargeela, Argeel and Nargile.
t. Tobacco – refers to agricultural components derived from tobacco plant,
which are processed for use in the manufacture of cigarettes and other
tobacco products.
u. Tobacco product – refers to any product that consists of loose tobacco that
contains nicotine and is intended for use in cigarette, including any product
containing tobacco and intended for smoking or oral or nasal use, Unless
stated otherwise, the requirements of this Act pertaining to cigarettes shall
also apply to other tobacco products.
v. Workplaces – an area permanent or temporary, in which a person performs
duties of employment or work, regardless of whether the work is done for
compensation or on a voluntary basis, and includes private offices, common
area and any other area which is generally used or frequented during the
course of employment or work, Company-owned vehicles used for
transporting employees and guests or any vehicle used in the course of work
are considered workplaces; and
w. Sponsorship – a person or organization that pays the cost of an activity or
event (such as radio or television program sports event, concert, etc) in return
for the right to advertise during the activity or event.

SECTION 2. COVERAGE. – It shall be unlawful for any person to smoke or allow

smoking of any tobacco product, or use Electronic Device Systems, Shisha and the like, in all
forms in any of the following venues, to wit;

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(Excerpt from the Minutes of the 98th Regular Session/June 1, 2015) Page 4
CITY ORDINANCE NO. 703, s-2015, cont’d:

a. Accommodation and Entertainment Establishments;

b. Workplaces, and Public Buildings;
 c. Centers of youth activity such as playschools, preparatory schools, elementary
school, high schools, colleges and universities, youth hostels and recreational
facilities for persons under eighteen (18) years old. Such recreational facilities
for persons under 18 years old shall include, but are not limited to,
playgrounds;
d. Elevators and stairwells;
e. Locations in which fire hazards are present, including gas stations and storage
areas for flammable liquids, gas, explosives or combustible materials;
f. Within the buildings and premises of public and private hospitals, medical,
dental, and optical clinics, health centers, nursing homes, dispensaries, and
laboratories;
g. Public conveyances and public facilities;
h. Food preparation areas which shall mean those areas where food or beverage
is actually being manufactured or prepared; and
i. Government-Owned Vehicles.

Except in duly designated smoking areas as defined in Section 3 hereunder;

SECTION 3. Standards for the designated smoking area. – The following are
the standards for the smoking and non-smoking area, its size and specifications as guide for
the owners, proprietors, operators, possessors, managers or administrators of the
establishments;

a. That the smoking area other than in an open space shall be completely
enclosed or physically separated from the rest of the premises and equipped
with adequate ventilation in conformity with the provisions of Presidential
Decree 1096, otherwise known as the “National Building Code”, and the
Philippine Society of Mechanical Engineers Code;
b. It shall only have one (1) designated smoking area in every establishment;
c. Every smoking area shall have highly visible and prominently displayed
“Smoking Area” sign and a graphic depiction with corresponding explanation
of the ill effects of smoking to the smoker’s health or exposure to secondhand
smoke.
d. No food or drinks shall be served in the designated smoking area;
e. Separation of the designated smoking area other than in an open space shall
be effected through any of the following means;
1. The designated smoking area must be fully separated from smoke-free
area by continuous floor-to-ceiling or floor-to-floor solid partitions which
are interrupted only by doors equipped with door closers, and which must
be constantly closed except when a person is entering or exiting the area;
or
2. The designated smoking area must be set apart, enclosed or confined by
means other than those described in Section 3(b) (1) above; provided, that
said means enable the compliance to air quality standards set forth in the
National Building Code and the Philippine Society of Mechanical Engineers
Code. Said standards are reproduced and attached herewith as “Schedule
A”, and made an integral part of this Ordinance.

All designated smoking areas shall be covered by a certificate of compliance from the
Office of the City Mayor through the Executive Committee (EXECOM).

SECTION 4. MANDATORY DUTIES AND OBLIGATIONS – The person – in- charge,

which refers to the President or Manager in cases of a company, corporation or association,
or partnership or the Ownership/Proprietor or operator in case of Single Proprietorship, of
accommodation and entertainment, establishments, whether tourism-accredited or not,
Workplaces, Enclosed or Partially Enclosed Public Places, Public Buildings, Public Outdoor
Spaces shall:
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(Excerpt from the Minutes of the 98th Regular Session/June 1, 2015) Page 5
CITY ORDINANCE NO. 703, s-2015, cont’d:
 1. Post and display an eight by sixteen (8 x 16) inches ”This is a Non – Smoking
Establishment” sign at all entrances. Prominently display “No Smoking”
signs in the most visible locations in the area where smoking is prohibited
(main accommodation area, function rooms, bars, cashier, VIP rooms, and
comfort rooms) in order to ensure that the public can easily view such signs
and be notified. The “NO SMOKING” signs for new establishments shall be at
least eight by eighteen (8 x 18) inches in size and the International “No
smoking” symbol (consisting of a pictorial representation of a burning
cigarette enclosed in a red circle with am red bar across it) shall occupy no
less than fifty percent (50%) of said signage. The remaining lower fifty percent
(50%) of the signage shall show the following warning prominently;
2. Remove all ashtrays or any receptacles for dispensing cigarette refuse from
Accommodation and Entertainment Establishments, Workplaces, Enclosed or
Partially Enclosed Public Places, Public Buildings and other Public Outdoor
Spaces;
3. Ensure that all the employees in the establishment are aware of the Ordinance
and to provide a procedure for informing customers or clients of the provisions
of this Ordinance;
4. Undertake all the reasonable steps to ensure strict implementation of this
Ordinance and to inform people to refrain from smoking any tobacco product
or using Electronic Device System, Shisha and the like within their
establishments except in the duly approved designated smoking areas. The
person – in – charge or his/her duly authorized representatives including the
employees concerned shall immediately inform the Anti-Smoking Task Force or
its duly deputized enforcers, or any law enforcer or the nearest police station
of the violation and the violator/s thereof; and
5. Selling of cigarettes or any tobacco product is strictly prohibited in a non-
smoking area.

Owners, operators and drivers of Public Conveyances, government-owned and

company-owned vehicle use to transport employees and guests are mandated to
prominently display “NO SMOKING” signs in a form of sticker as follows:

1. For government owned and company, the “NO SMOKING” sign at least 3.5 sq.
inch shall be placed on the glove compartment at the right side of the
government vehicle and another sign of at least 10 sq. inch shall be placed at
the back of driver’s seat;
2. For jeepneys, the “NO SMOKING” sign at least 3.5 sq. inch shall be placed at
the back of the windshield and another sign of at least 10 sq. inch shall be
placed at the back of the front row seats;
3. For taxis, van or other similar vehicles the “NO SMOKING” sign of at least 3.5
sq. inch shall be placed on the glove compartment at the right side of the taxi
windshield and another sign of at least 10 sq. inch shall be placed at the back
of the driver’s seat;
4. For buses, the “NO SMOKING” sign of at least 3.5 sq. inch shall be placed at
the back of the windshield and another sign of at least 14 sq. inch shall be
placed at the back of the driver’s seat facing the passengers or similarly
prominent area of the bus;
5. For tricycles, the “NO SMOKING” sign of at least 3 sq. inch shall be placed at
the back of windshield and another sign of at least 10 sq. inch shall be placed
at the back of driver’s seat; and

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(Excerpt from the Minutes of the 98th Regular Session/June 1, 2015) Page 6
CITY ORDINANCE NO. 703, s-2015, cont’d:

6. For other types of vehicles, “NO SMOKING” sign of at least 3.5 sq. inch shall be
placed at the back of the windshield and another sign of at least 10 sq. inch
 shall be placed at prominent location facing the passenger or a similarly
prominent area of the vehicles.

SECTION 5. Minimum Age sales. Under this Ordinance, It shall be unlawful:

a. For any retailer of tobacco products to sell or distribute tobacco products to a

minor;
b. To purchase cigarettes or any tobacco products from a minor;
c. For minors to sell cigarettes or any tobacco products;
d. For minors to purchase cigarettes or any tobacco products; and
e. To sell or distribute cigarettes or any tobacco products within 100 meters from
any point of the perimeter of a school, public playground owned by the
government or other facility frequented by minors who are or are intended to
be the principal users or patrons of such facilities.

It shall not be a defense for the person selling or distributing that he/she did not
know or was aware of the real age of the minor. Neither shall it be a defense that he/she did
not know nor had any reason to believe that the cigarette or any other tobacco product was
for the consumption of the minor to whom it was sold.

SECTION 6. Ban on Tobacco Advertisement. - All cinema and outdoor

advertisements shall be prohibited, including those located in taxis, buses, multicabs,
tricycles, jeepneys or other public conveyances or in stations, terminals or platforms thereof.

All forms of tobacco advertising in mass media shall be prohibited.

SECTION 7. Exception to the Ban. – Notwithstanding the foregoing, advertisement

in mass media shall not be prohibited when placed within the premises of point-of-sale retail
establishments, whether or not the same are visible outside the premises.

No leaflets, poster and similar outdoor advertising materials may be posted, except
when placed within the premises of point-of-sale retail establishments. This exception shall
likewise apply to stations, terminals or platforms when the advertising materials are placed
within the premises of point-of-sale establishments.

Outdoor and mass media advertisement allowed under this Section must nonetheless
comply with the following requirements:

a. No outdoor or mass media advertisement shall be aimed at or particularly

made to appeal to persons under eighteen (18) years of age;
b. No outdoor or mass media advertisement shall feature a celebrity or contain
an endorsement, whether implied or express, by a celebrity;
c. No outdoor or mass media advertisement shall contain cartoon characters or
subjects that depict humans or animals with comically exaggerated features
or that attribute human or unnatural characteristics to animals, plants or other
objects;
d. No outdoors or mass media advertisement shall depict persons who are or
who appears to be below twenty-five (25) years of age; and

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(Excerpt from the Minutes of the 98th Regular Session/June 1, 2015) Page 7
CITY ORDINANCE NO. 703, s-2015, cont’d:

e. No outdoor or mass media advertisement shall show, portray, or depict

scenes where the actual use of, or the act of using, puffing, lighting or
carrying lighted cigarettes or other tobacco products is presented to the
public.
 All outdoor or mass media advertising allowed under Section must also contain either
in English or Filipino the following health warning: “GOVERNMENT WARNING” Cigarette
Smoking is Dangerous to your Health.” For outdoor advertising, the warning frame shall be
centered across the bottom of the advertisement and occupy a total area of not less than
fifteen percent (15%) of such advertisement including any border or frame. The health
warning shall occupy a total area of not less than fifty percent (50%) of the total warning
frame. The text of the health warning shall be clear, visible and legible, printed in a
prominent color as appropriate and shall appear in contrast by color, typography or layout
with all other printed materials in the advertisement. The warning shall not be hidden or
obscured by other printed information or images in the advertisement; Provided that such
outdoor or mass media advertisement, only the font Helvetica or Arial may be used for the
health warning required under this Section; Provided finally, that such outdoor or mass
media advertisement shall not, either individually or when placed deliberate combination
with other tobacco advertising, exceed seventy (70) meters in total size.

SECTION 8. Restricted Zone for outdoor advertisement. – Notwithstanding the

exceptions provided in Section 9 of this Ordinance, outdoor advertisements shall not be
allowed within the premises of point-of-sale retail establishments if the same is within one
hundred (100) meters from any point of the perimeter of a school, public playground owned
by the government or other facility frequented particularly by persons below eighteen (18)
years of age who are or are intended to be the principal users or patrons of such facility.

SECTION 9. Disposition of Non-compliant Outdoor Advertisements. – The City

Building Engineer, or his duly authorized representatives, shall be responsible for
determining whether outdoor advertisements complied with the requirements set forth in
Section 7 of this Ordinance. Any outdoor advertisement which was determined non-
compliant with said Section 7 of this Ordinance shall be disposed of in the following manner:

a. The removal of the non-compliant outdoor advertisement shall be done only

after due notice by the Provincial Building Engineer, or his duly authorized
representative, to the owner or administrator of the point-of-sale
establishment concerned;
b. The owner or administrator of the point-of-sale establishment shall be
responsible for the removal or shall cause the removal of the said non-
compliant outdoor advertising within three (3) days from receipt of notice from
the provincial building engineer, or his representative. The final disposition of
the outdoor advertising so removed shall be subject to the terms and
conditions stipulated in the lease contract for the advertising space between
the owner or administrator of the advertising space and the advertiser or the
advertising agency, as the case may be; and.
c. Failure to remove the non-compliant outdoor advertisement notwithstanding
the foregoing notice shall render the owner or administrator of the point-of-
sale establishment liable under this Ordinance.

SECTION 10. Restriction on Tobacco Promotions – The following restrictions

shall apply on all tobacco promotion within the territorial jurisdiction of the Tagum City:

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(Excerpt from the Minutes of the 98th Regular Session/June 1, 2015) Page 8
CITY ORDINANCE NO. 703, s-2015, cont’d:

a. Promotion must be directed only to the persons at least eighteen (18) years
old. No person below eighteen (18) years old or who appear to be below
eighteen (18) years old may participate in such promotions. The participants
in promotions must be required to provide proof of age;
b. Communications to consumers about tobacco promotions shall comply with
the provisions of this Ordinance governing tobacco advertising. In addition to
the required health warning, the age requirement for participation in any
 promotion must be clearly marked on the program materials distributed to
consumers;
c. All stalls, booths, and other displays concerning tobacco promotions must be
limited to point-of-sale locations or adult-only facilities;
d. Telephone communications concerning promotional offers, programs or events
must include a recorded health warning message in English or Filipino
consistent with the warnings specified in this Ordinance;
e. The name, logo, or other indicia of a brand of a tobacco product may appear
on cigarette lighters, ashtrays, or other smoking related items. If such name,
logo, or other indicia of a cigarette brand is larger than fifty (50) square
centimeters, the item must carry a health warning consistent with the
warnings specified in the Act as well as in this Ordinance;
f. No merchandise such as, but not limited to, t-shirts, caps, sweatshirts, visors,
backpacks, sunglasses, writing implements and umbrellas, may be
distributed, sold or offered, directly or indirectly, with the name, logo or other
indicia of brand of a tobacco product displayed so as to be visible to others
when worn or used. Clothing Items with the name, logo or other indicia of a
brand of a tobacco product may be allowed: Provided. That said name, logo or
other indicia is not visible to others when the clothing item is worn: Provided
further, that said clothing items are in adult sizes only;
g. No name, logo, or other indicia of a brand of a tobacco product or element of
a brand–related marketing activity, may appear on items that are marketed to
or likely to be used by minors such as, but not limited to, sports equipment,
toys, dolls, miniature replicas of racing vehicles, video games, and food. The
manufacturer or company must take all available measures to prevent third
parties from using the company’s brand names, logos, or other propriety
material on products that are directed toward minors; and
h. No tobacco advertisements, including the name, logo or other indicia of a
brand of tobacco product, may be placed on shopping bags.

SECTION 11. Punishable Acts. – The following acts are punishable under this
Ordinance:

a. Smoking any tobacco product or using Electronic Device Systems, Shisha and
the like in any of the places enumerated in Section 2 hereof, except in duly
approved designated smoking areas;
b. Knowing allowing, abetting or tolerating smoking any tobacco product or using
Electronic Device systems, Shisha and the like in any of the places
enumerated in section 2 hereof, except when smoking is done within the duly
approved designated smoking areas
c. Sale of tobacco products to or by a minor;
d. Sale of tobacco products within one hundred (100) meters from any point of
perimeter of a school, public playground owned by the government or other
facility frequented particularly by minors who are intended to be the principal
users or patrons of such facilities;
e. Non-compliance with the required signage in point-of-sale establishments;

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(Excerpt from the Minutes of the 98th Regular Session/June 1, 2015) Page 9
CITY ORDINANCE NO. 703, s-2015, cont’d:

f. Non-compliance with the restrictions on tobacco advertising, print media

advertising, outdoor advertising, cinema advertising; televisions and radio
advertising in audio, video and computer cassettes/discs and similar medium;
and advertising in the internet.
g. Non-compliance with the ban on advertisements; restrictions on tobacco
promotions; and ban on naming rights;
h. Non-compliance with the restriction on sportsmanship and ban on
sponsorships;
i. Distribution of samples of tobacco products to minors; and
 j. Failure to comply with the mandatory duties and obligations as enumerated in
section 4 as well as any other provisions of this Ordinance.

SECTION 12. PERSON LIABLE – The following persons/individuals are liable under
this Ordinance:

a. Any person smoking any tobacco product or using Electronic Device Systems,
Shisha and the like within any of the places enumerated in Section 2 hereof,
except in the duly approved designated smoking areas;
b. The President or Manager in cases of a Company, Corporation or Association,
or Partnership or the Owner/Proprietor or Operator in case of Single
Proprietorship of accommodation and entertainment establishments, whether
tourism-accredited or not, Workplaces, Enclosed or Partially Enclosed Public
Places, Public Buildings, Public Outdoor Spaces who knowingly allows, abets or
tolerates and/ or fails to report violators of this Ordinance to any member of
the Anti-Smoking Task Force or its duly deputized enforcers, or any law
enforcers or the nearest police station immediately upon commission of the
violation or who otherwise fail to fulfill the mandatory duties and obligations
as enumerated in Section 5 of this Ordinance; and
c. The operator, driver, conductor or inspector of Public Conveyances,
government- owned or company-owned vehicles, who knowingly allows, abet
tolerates and/ or fails to warn, advise or report violators of this Ordinance to
any member of the Anti-Smoking Task Force or its duly deputized enforcers or
any law enforcers, or any nearest police station immediately upon commission
of the violation or who otherwise fail to fulfill the mandatory duties and
obligations as enumerated in Section 4 of this Ordinance.

SECTION 13. An Executive Committee, Enforcement Team and Anti – Smoking Task
Force shall be created by the City Mayor to aid in the implementation, monitoring and
enforcement of this Ordinance. The EXECOM shall be composed of the following:

CITY MAYOR - Honorary Chairperson

CITY ADMINISTRATOR - Chairperson
SP CHAIRPERSON ON
COMMITTEE ON HEALTH - Co-chairperson
Members:
CITY LEGAL OFFICER
CITY HEALTH OFFICER
The Anti-Smoking Task Force shall be composed of:
ABC PRESIDENT
THE CITY HEALTH
THE BUSINESS PERMIT AND LICENSE SECTION
THE CITY ENGINEERING
THE CITY TOURISM
THE CITY INFORMATION
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(Excerpt from the Minutes of the 98th Regular Session/June 1, 2015) Page
10
CITY ORDINANCE NO. 703, s-2015, cont’d:

THE CITY ENVIRONMENT AND NATURAL RESOURCES

THE REPRESENTATIVE OF THE PRIVATE SECTOR

The Enforcement Team shall be composed of:

THE TAGUM CITY POLICE
THE TRAFFIC MANAGEMENT
THE SECURITY MANAGEMENT

SECTION 14. FUNCTIONS - The EXECOM, Enforcement Team and the Anti-Smoking
Task Force are herby constituted and created with the following duties and responsibilities:
 EXECOM & ANTI-SMOKING TASK FORCE

a. The EXECOM and the Anti-Smoking Task Force are tasked to inspect and
monitor compliance of all places covered by this Ordinance, certify the
appropriateness of the designated smoking areas, apprehend violators and
recommend closure of non-complaint establishments taking into consideration
the provisions of existing laws and the purpose of smoking regulations which
is to protect non-smokers from the pernicious effects of exposure to tobacco
smoke;
b. With the approval of the City Mayor, the EXECOM shall also have the power to
recommend amendments or revisions of any provision of this Ordinance;
c. Sixty (60) days after effectivity of this Ordinance, the EXECOM in coordination
with the office of the Business Bureau shall conduct an ocular inspection of all
non-accredited tourism establishments in Tagum City to determine compliance
with the requirements of this Ordinance. Business Bureau is also tasked with
issuing violation or closure orders to non-compliant establishments;
For tourism-accredited accommodation and entertainment establishments,
the ocular inspection shall be conducted by the EXECOM in coordination with
the City Tourism Office and the Office of the Business Bureau;
d. The EXECOM in coordination with the City Health Office shall undertake
educational awareness campaigns on the ill effects of smoking and exposure
to secondhand smoke, information dissemination programs, and capacity
building programs and smoking cessation clinics;
e. The EXECOM in coordination with the City Information Office (CIO) shall inform
the public of the provisions of this Ordinance thru an intensified tri-media
campaign;
f. The EXECOM in coordination with the City Legal Office shall provide legal
assistance and prepares formal notices to non-complaint establishments; and
g. The EXECOM in coordination with the City Engineering’s Office shall inspect
and certify the appropriateness of smoking and non-smoking areas provided
by the establishments.

ENFORCEMENT TEAM

The Anti-Smoking Task Force composed of Traffic Management Office (TMO),

Security Management Office (SMO) and the Tagum City Police Office (TCPO) shall
inspect the presence of “No Smoking” signs in all public utility vehicles and strictly
monitor its compliance. They are also in charge of apprehending and filing charges
against any person or establishment that violates the ordinance.

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(Excerpt from the Minutes of the 98th Regular Session/June 1, 2015) Page
11
CITY ORDINANCE NO. 703, s-2015, cont’d:

SECTION 15. ROLE OF THE BARANGAY

Aside from the regular enforcers of laws or ordinances like PNP, the Chief
Executive may deputize to enforce this ordinance by creating an enforcement team
for every barangay. The Enforcement Team shall be composed of the following;

1. Punong Barangay
2. Barangay Kagawad
3. Barangay Tanod
4. Barangay Secretary
5. Barangay Treasurer
 The Barangay Officials who apprehended persons liable as mentioned in
Section 10 (A) of this ordinance and the person’s liable wish to contest the violation
stated in section 18 hereunder, 50% of the penalty shall be given to the
apprehending barangay officials as monetary incentives to the performance of their
duty.

Conditions and qualification of the apprehending barangay official on availing

the incentives will be promulgated by the Execom, with the approval of the City
Mayor, to ensure the effective implementation of Section 5 of this ordinance.

SECTION 16. PENALTIES – The following penalties shall be imposed on violators of

this Ordinance:

First Offense Php 1,000.00 or one (1) month imprisonment

Second Offense
Third and subsequent Offenses
or both at the discretion of the court
Php 2,500.00 or two (2) months imprisonment or
both at the discretion of the court.
Php 5,000.00 or four months imprisonment or
both at discretion of the court, the business
permits and licenses to operate may be cancelled
or revoked.

In case of a minor, the local Social Welfare and Development Officer shall meet with
the child and his/her parents or guardians for proper smoking cessation counseling and the
development of the appropriate diversion and rehabilitation program, in coordination with
the Barangay Council for the Protection of Children and the City Health Office.

SECTION 17. CITATION TICKETS – A citation ticket shall be issued to the violators
of this Ordinance. The citation ticket shall state, among others, the name and address of the
violator, the specific violation committed and the corresponding administrative penalty.

The Anti-Smoking Task Force and such other appropriate enforcers as commissioned
by the City Mayor through the Executive Committee shall have the power to apprehend
violators of this Ordinance and issue citation tickets.

The City Mayor through the Executive Committee may deputize Barangay Officials or
representatives of the private sector, non-government organizations and government
organizations in the strict implementation of this Ordinance, as the need arises.

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(Excerpt from the Minutes of the 98th Regular Session/June 1, 2015) Page
12
CITY ORDINANCE NO. 703, s-2015, cont’d:

SECTION 18. CITIZEN’S SUIT – for the purpose of enforcing this ordinance, any
citizen may file an appropriate civil, criminal or administrative action in the proper court
against:

a. Any person who violates or fail to comply with the provisions of this ordinance
and its implementing rules and regulations;
b. City Government of other implementing agencies with respect to others, rules
and regulations issued inconsistent with the ordinance; and
c. Any public officer who willfully or grossly neglects the performance of an act
specifically enjoined as a duty by this ordinance or its implementing rules and
regulations; or abuses his/her authority in the performance of his/her duty; or,
in any manner, improperly performs his/her duties under this ordinance or its
 implementing rules and regulations; provided, however, that no suit can be
filed until after thirty day (30) notice has been given to the public officer and
the alleged violator concerned and no appropriate actions have been taken
thereon.

SECTION 19. ADMINISTRATIVE SANCTION: Without prejudice to any affected

person to file and administrative action, the EXECOM shall on its own instance or upon
verified complaint by any persons, institute administrative proceedings against any person
who violates the following;

a. Standards or limitations provided under this ordinance; and/or

b. Any order, rule or regulation issued by the EXECOM and affirmed by the City
Sanggunian, with respect to such standard or limitation.

SECTION 20. NO CONTEST PROVISION – Persons liable mentioned in Section 12

(A) of this Ordinance who is apprehended or cited for violation and who does not wish to
contest the violation and is willing to pay voluntarily the administrative penalty imposed
upon him/ her prior to the filing of formal charges with the proper court shall be allowed to
pay the penalty in the amount of five Hundred Pesos (P500.00) with the City Treasurer’s
Officer to avoid being criminally prosecuted within 3 days from apprehension. Otherwise, a
case shall be prosecuted in court. The no contest provision can only be availed once. All
proceeds from payment of the herein penalty imposed shall be accrue to the City’s General
Funds.

Smoking cessation counseling in accredited clinics is required after the penalty has
been paid.

SECTION 21. IMPLEMENTING RULES AND REGULATIONS – The EXECOM shall

promulgate such rules and regulations, with the approval of the City Mayor, as are necessary
to ensure the effective implementation of this ordinance;

SECTION 22. FUNDING – An amount of Five Million Pesos (P5,000,000.00) shall be

appropriated out of the local treasury to carry out of the purpose of this ordinance.

For the succeeding years, such funds as may be necessary for the continued
implementation of this Ordinance shall be appropriated by the City either in the City’s
Annual Budget or in any of its supplemental budgets, as the case may be;

SECTION 23. REPEALING CLAUSE. – All existing ordinances inconsistent with this
Ordinance are hereby repealed or modified accordingly.

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(Excerpt from the Minutes of the 98th Regular Session/June 1, 2015) Page
13
CITY ORDINANCE NO. 703, s-2015, cont’d:

SECTION 24. INTERPRETATION. – Any request for interpretation of the provisions

of this Ordinance shall be referred to the City Legal Officer. In cases of conflict between the
provisions of this Ordinance and Republic Act No. 9211 otherwise known as the tobacco
Regulation Act of 2003 and its Implementing Rules and Regulations, the latter shall prevail
being the national law enacted for the purpose of regulating the use, sale, distribution and
advertisement of tobacco products.

SECTION 25. SEPARABILITY CLAUSE. – Should any provision of this Ordinance be

subsequently declared unconstitutional or invalid, the other provisions not affected by such
declaration shall remain in full force and effect.
 SECTION 26. EFFECTIVITY. – This ordinance shall take effect immediately after its
approval and publication in a newspaper of local circulation.

CARRIED AND APPROVED.

ENACTED AND PASSED this 1st day of June, 2015.

I HEREBY CERTIFY to the correctness of the foregoing.

(Sgd) MELODINA V. VALLE

Records Officer
IV
Officer-In-Charge

ATTESTED AND CERTIFIED

TO BE DULY ADOPTED:

(Sgd) GETERITO T. GEMENTIZA, MDMG

City Vice Mayor
(Presiding Officer)

APPROVED:
(Sgd) ALLAN L. RELLON, DPA,
PhD
City Mayor