REPUBLIC OF THE PHILIPPINES

Province of Antique
PROVINCIAL LEGAL OFFICE
New Capitol, San Jose de Buenavista

October 15, 2020

HONORABLE VICE GOVERNOR EDGAR DENOSTA AND THE

HONORABLE MEMBERS OF THE SANGGUNIANG PANLALAWIGAN

Re: Review, comment, and recommendation on Ordinance No. 7, s. 2020, of the

Municipality of Laua-an, prohibiting the use, distribution and advertisement of cigarettes
and other tobacco products and electronic cigarettes, in certain places, imposing
penalties for violation thereof and providing funds therefore, and for other purposes.

Dear Mesdames/Sirs,

The Provincial Legal Office is of the opinion that:

1. The ordinance is in compliance with the general welfare clause of the Local
Government Code expressly granting the local government units to exercise
powers necessary, incidental and essential to the promotion of the general
welfare, specifically to support and promote the health and safety of its
inhabitants.
2. The ordinance is in compliance with RA 9211 “An act regulating the packaging,
use, sale, distribution and advertisements of tobacco products and for other
purposes” wherein the government shall institute a balanced policy whereby the
use, sale and advertisements of tobacco products shall be regulated in order to
promote a healthful environment and protect the citizens from the hazards of
tobacco smoke.

3. That it is in accordance with Section 5 and 6 of R.A 9211, which prohibits

smoking in public places as well as designating smoking and no smoking areas.
Furthermore, it is in accordance with the prohibition provided under the same
law, which provides for restriction as to the sale of tobacco products to minors as
well as to certain public facilities.

4. That it is in accordance with Section 24 of R.A. 8749 otherwise know as “AN ACT
PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY
AND FOR OTHER PURPOSES” which provides.
 Section 24. Pollution from smoking. - Smoking inside a public building or an
enclosed public place including public vehicles and other means of transport or in
any enclosed area outside of one's private residence, private place of work or
any duly designated smoking area is hereby prohibited. This provision shall be
implemented by the LGUs.

5. The ordinance is in compliance with Sec. 447 (1) (vi) of the Local Government
Code wherein the Sangguniang Bayan has the duty to protect the environment
and impose appropriate penalties for acts which endanger the same.
6. The ordinance is in compliance with Section 447 (1)(iii) of the Local Government
Code which provides that the Sangguniang Bayan shall “approve ordinances
imposing a fine not exceeding Two thousand five hundred pesos (P2,500.00) or
an imprisonment for a period not exceeding six (6) months, or both in the
discretion of the court, for the violation of a municipal ordinance.

7. Lastly, it is advised that the Sanguniang Bayan comply with the requirement
provided under Section 511, ordinances with penal sanctions shall be posted at
prominent places in the provincial capitol, city, municipal or Barangay hall, as the
case may be, for a minimum period of three (3) consecutive weeks. Such
ordinances shall also be published in a newspaper of general circulation, where
available, within the territorial jurisdiction of the local government unit concerned,
except in the case of Barangay ordinances. Unless otherwise provided therein,
said ordinances shall take effect on the day following its publication, or at the end
of the period of posting, whichever occurs later.

May these comments be of help to the Committee.

Truly yours,

ATTY. JUNNIE VEE D. HONGCO

Officer-in-Charge