EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION

OF THE SANGGUNIANG PANLUNGSOD HELD ON THE 3 RD OF

AUGUST, 2018 AT 9:40 IN THE MORNING AT THE SESSION
HALL OF THE CITY GOVERNMENT OF MALABON, METRO
MANILA.

PRESENT:

Hon. DIOSDADO A. CUNANAN - City Councilor/Temporary

Presiding Officer

DISTRICT ONE

Hon. BERNARD C. DELA CRUZ - City Councilor

Hon. JAIME V. DUMALAOG - City Councilor
Hon. EDWIN GREGORIO L. DIMAGIBA - City Councilor

DISTRICT TWO

Hon. EDRALIN D. YANGA - City Councilor

Hon. JOSE LORENZO A. ORETA - City Councilor
Hon. PROSPERO ALFONSO R. MAÑALAC - City Councilor
Hon. SOFRONIA B. LIM - City Councilor

SECTORAL REPRESENTATIVES

Hon. PAULO D. ORETA - Liga ng mga Barangay President

Hon. JASPER KEVIN D. CRUZ - SK Federation President

ABSENT:

Hon. JEANNIE N. SANDOVAL - City Vice Mayor

Hon. MARICAR D. TORRES-MARALIT - City Councilor
Hon. PAYAPA V. ONA - City Councilor

==================================================================

SPONSORS:

HON. JOSE LORENZO A. ORETA

HON. JASPER KEVIN D. CRUZ
 EXCERPTS FROM THE MINUTES OF THE
REGULAR SESSION OF THE
SANGGUNIANG PANLUNGSOD OF MALABON
PAGE 02
SEPTEMBER 3, 2018
CITY ORDINANCE No. 14-2018

CO-SPONSORS:

HON. JAIME V. DUMALAOG

HON. MARICAR D. TORRES-MARALIT
HON. EDWIN GREGORIO L. DIMAGIBA
HON. PAYAPA V. ONA
HO. DIOSDADO A. CUNANAN
HON. EDRALIN D. YANGA
HON. PROSPERO ALFONSO R. MAÑALAC
HON. PAULO ORETA
HON. SOFRONIA B. LIM

==================================================================

WHEREAS, Section 16 of the Local Government Code accords every

local government unit the power and authority to promote the
general welfare within its territorial jurisdictions, including the
promotion of health and safety of its constituents.

WHEREAS, in line with the mandate, the City Council of Malabon

enacted City Ordinance No. 02-2012, otherwise known as
“AN ORDINANCE REGULATING THE USE, SALE,
DISTRIBUTION AND ADVERTISEMENTS OF
CIGARETTES AND OTHER TOBACCO PRODUCTS IN
CERTAIN PLACES, IMPOSING PENALTIES AND
PRVIDING FUNDS THEREOF, IN ACCORDANCE WITH
THE TOBACCRO REGULATION ACT OF 2003 AND ITS
IMPLEMENTING RULES.”

WHEREAS, to fully protect the health and welfare of its constituents

there is a need to amend the existing Ordinance in order to
further strengthen the regulation of smoking in public places
and conveyances, advertising, promotion, and sponsorship
activities, in harmony with the basic policies and regulations
laid down under The Tobacco Regulation Act of 2003 and its
implementing rules and regulations.

BE IT ORDAINED AS IT IS HEREBY ORDAINED BY THE SANGGUNIANG

PANLUNSOD OF MALABON and duly seconded by Hon. Bernard C. Dela Cruz, Hon.
Jaime V. Dumalaog, Hon. Edwin Gregorio L. Dimagiba, Hon. Jasper Kevin D. Cruz,
Hon. Edralin D. Yanga, Hon. Jose Lorenzo A. Oreta, Hon. Prospero Alfonso R.
Mañalac, Hon. Sofronia B. Lim, and Hon. Paulo D. Oreta, it is hereby approved -
 EXCERPTS FROM THE MINUTES OF THE
REGULAR SESSION OF THE
SANGGUNIANG PANLUNGSOD OF MALABON
PAGE 03
SEPTEMBER 3, 2018
CITY ORDINANCE No. 14-2018

CITY ORDINANCE
NO. 14-2018
AN ORDINANCE AMENDING CITY ORDINANCE
NO. 02-2012, OTHERWISE KNOWN AS “AN
ORDINANCE REGULATING THE USE, SALE,
DISTRIBUTION AND ADVERTISEMENTS OF
CIGARETTES AND OTHER TOBACCO
PRODUCTS IN CERTAIN PLACES, IMPOSING
PENALTIES AND PRVIDING FUNDS THEREOF,
IN ACCORDANCE WITH THE TOBACCO
REGULATION ACT OF 2003 AND ITS
IMPLEMENTING RULES.

Section 1. Section 3 of City Ordinance No. 02-2012 is hereby amended

to read as follows:

Section 3. DEFINITION OF TERMS

As used in this Ordinance, the following terms shall have the

meanings ascribed to them in this section. Any words or terms
not defined shall be given their plain and customary meanings,
unless the context requires otherwise, and shall be interpreted in
a manner consistent with the purpose and spirit of this Ordinance.

a. 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.

b. Advertising – refers to the business of conceptualizing,

presenting making available and communicating to the
public, though any form of mass media, any fact, data or
information about the attributes, features, quality or
availability of consumer products, services or credit. For
purposes of this Ordinance, advertising shall be understood
as tobacco, advertising. This shall specifically refer to
 EXCERPTS FROM THE MINUTES OF THE
REGULAR SESSION OF THE
SANGGUNIANG PANLUNGSOD OF MALABON
PAGE 04
SEPTEMBER 3, 2018
CITY ORDINANCE No. 14-2018

messages and images promoting smoking; the purchase or

use of cigarettes or tobacco products; and cigarette or
tobacco trademarks, brand names, design and
manufacturer’s names.

c. 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.

d. Cigarette – refers to any roll or tubular constructions, which

contains tobacco ir its derivatives and isintended to be
burned or heated under ordinary conditions of use.

e. 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.
As used in this Ordinance. CSO does not include
organizations or associations related to or connected with
the tobacco industry in any way.

f. Designated Smoking Area (DSA) – refers to an indoor or

outdoor space where smoking may be allowed without
violating this Ordinance, duly approved by the Smoke-Free
Task Force.

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. Electronic Nicotine Delivery System (ENDS) – refers to

any device such as electronic cigarettes (e-cigarettes),
electronic shisha (e-shisha), and other similar devices
whether or not it is used to deliver and other
components to the user through the act of vaping, that
resemble the act of smoking or the outward appearance
of smoking products.

i. Enclosed area – refers to an area that is physically

separated from adjacent areas by walls or partitions and a
 EXCERPTS FROM THE MINUTES OF THE
REGULAR SESSION OF THE
SANGGUNIANG PANLUNGSOD OF MALABON
PAGE 05
SEPTEMBER 3, 2018
CITY ORDINANCE No. 14-2018

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, does not constitute an
enclosed area.

j. Mass media refers to any medium of communication which

reaches a mass of people. For this purpose, mass media,
included print media such as, but not limited to newspapers,
magazines, and publications; broadcast 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 (email), and
similar means shall not be considered as mass media.

k. Minor – refers to any person below eighteen (18) years old.

l. Perimeter – when used in this Ordinance in relation to sale

of, and outdoor advertisements 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 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.

m. 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.”

n. Premises – refers to a tract of land and the 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.

o. 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 products 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
products 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.
 EXCERPTS FROM THE MINUTES OF THE
REGULAR SESSION OF THE
SANGGUNIANG PANLUNGSOD OF MALABON
PAGE 06
SEPTEMBER 3, 2018
CITY ORDINANCE No. 14-2018

p. Outdoor advertisement – refers to any sign, model, placard,

board, billboard, banner, bunting, light display, device,
structure or representation employed outdoors wholly or
partially to advertise or promote a tobacco product to the
public.

q. Person-in-charge – refers to: in case of public places, public

outdoor spaces and workplaces, the president/manager in
case of a company, corporation or association; the
owner/proprietor/operator in case of a single proprietorship;
or the administrator in case of government property, office or
building; in case of public conveyances, the owner, driver,
operator, or conductor of the public conveyance.

r. Public conveyances – refers to modes of transportation

servicing the general population, such as but not limited to,
elevators, airplanes, buses, taxicabs, ships, jeepneys, light
rail transits, tricycles, and similar vehicles.

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, establishments that provide food and drinks,
accommodation merchandise, professional where facilities
are available for the public or where a crowd of people
would gather, such as but not limited to, playgrounds or
centers, church grounds, health/hospital compounds,
transportation terminals, markets, parks, resorts, walkways,
entrance ways, waiting areas, and the like.

t. Smoking – refers to the act of carrying a lighted cigarette or

other tobacco products, whether or not it is being inhaled or
smoked; also refers to the act of vaping as defined herein.

u. Second-hand smoke – means the smoke emitted from the

burning end of a cigarette or from tobacco products usually
in combination with the smoke exhaled by the smoker.

v. Tobacco – refers to agricultural components derived from

tobacco plant, which are processed for use in the
manufacturer of cigarettes and other tobacco products.

w. 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, sucking, chewing, snuffing, or oral or
nasal use, unless stated otherwise, the requirements of this
 EXCERPTS FROM THE MINUTES OF THE
REGULAR SESSION OF THE
SANGGUNIANG PANLUNGSOD OF MALABON
PAGE 07
SEPTEMBER 3, 2018
CITY ORDINANCE No. 14-2018

Act pertaining to cigarettes shall also apply other tobacco

products.

x. Vaping – refers to the act of inhaling and exhaling vapor

produced by any Electronic Nicotine Delivery System
(ENDS) or other electronic device, whether or not it is
used to deliver nicotine to the user, and mimics the act
of smoking.

y. Workplace – means any place used by the 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
(for example, corridors, elevators, stairwells, toilets, lobbies,
lounges). Vehicle used in the course of work are considered
workplaces.

Section 2. Section 4 of City Ordinance 02-2012 is hereby amended to

read as follows:

Section 4. SMOKING BAN IN PUBLIC PLACES

Smoking shall be absolutely prohibited in all public places in

the City of Malabon, except in designated smoking areas;
provided, the following public places are hereby declared as
absolutely smoke-free areas:

a. All government buildings;

b. Schools in all levels, whether public or private;

c. Hospitals, medical, dental, and optical clinics, nursing

homes, birthing homes, dispensaries, and other and other
health care facilities, whether public or private;

d. Centers of youth activity such as, but not limited to: play
schools, preparatory schools and playgrounds;

e. Elevators and stairwells;

f. Locations in which fire hazards are present, including gas

stations and storage areas for flammable liquids, gas,
explosives or combustible materials;

g. Food preparation areas where food or beverage is actually

being manufactured or prepared;
 EXCERPTS FROM THE MINUTES OF THE
REGULAR SESSION OF THE
SANGGUNIANG PANLUNGSOD OF MALABON
PAGE 08
SEPTEMBER 3, 2018
CITY ORDINANCE No. 14-2018

h. Public conveyances including public utility vehicle terminals

and bus stations;

Section 3. Section 6 of City Ordinance 02-2012 is hereby amended to

read as follows:

Section 6. DESIGNATION OF SMOKING AREAS

A public or private entity may designate an area of a building

or conveyance where smoking may be allowed, which may
be in an open space or separate area with proper ventilation
subject to the specific standards provided in this Ordinance.

Section 4. Section 7 of City Ordinance 02-2012 is hereby amended to

read as follows:

Section 7. STANDARDS FOR DESIGNATED SMOKING

AREAS (DSA). All DSAs shall strictly comply with the
following standards:

a. There shall be no opening that will allow air to escape from

the DSA to the smoke-free area of the building or
conveyance, except for a single door equipped with an
automatic door closer; provided that, if the DSA is not
located in an open space, such door shall open directly
towards a Non-Smoking Buffer Zone (Buffer Zone) as
defined in this ordinance;

b. The DSA shall not be located in or within ten (10) meters

from entrances, exits, or any place where people pass or
congregate, or in front of air intake ducts

c. 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 (10) square meters;

d. No building or conveyance shall have more than one DSA;

e. 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;

f. Minors shall not be allowed inside the DSA and the Buffer
Zone;
 EXCERPTS FROM THE MINUTES OF THE
REGULAR SESSION OF THE
SANGGUNIANG PANLUNGSOD OF MALABON
PAGE 09
SEPTEMBER 3, 2018
CITY ORDINANCE No. 14-2018

g. The DSA shall have the following signage as provided for in

Section 8 of this Ordinance;

h. Other standards and specifications to better ensure a

smoke-free environment as may be prescribed by the Inter-
Agency Committee-Tobacco under Republic Act No. 9211,
provided that such standards and specifications are
consistent with Executive Order No. 26 of the President of
the Philippines and that persons-in-charge are given sixty
(60) days to comply.

Nothing in this Ordinance shall compel persons-in-charge to

establish DSAs nor prevent them from instituting more
stringent measures in their buildings and establishments to
better ensure a smoke-free environment on their premises.

Section 5. Section 8 of City Ordinance 02-2012 is hereby amended to

read as follows:

Section 8. SIGNAGE FOR DESIGNATED SMOKING

AREAS.

The DSAs shall have the following signage:

a. “Smoking Area” signage;

b. Graphic health warnings on the effects of tobacco use;

and

c. Prohibitions on the entry of persons below eighteen (18)

years old.

All designated smoking areas shall have at least one (1)

legible posted saying “SMOKING AREA”. English or
Filipino, for the information and guidance to the designated
smoking area and shall be in accordance with the
specifications set forth, as follows:

OVERALL SIZE OF SIGN 297 mm X 170 mm

Font and size for “NO SMOKING
Arial Black, 122 pt.
AREA” or “SMOKING AREA”
Font and size for
Arial Black, 48 pt.
“GOVERNMENT WARNING”
Font and size for “Tobacco
Arial Black, 32 pt.
Regulation Act”

In addition, the sign or notice shall include a warning

in English and Filipino about the ill effects of both direct and
 EXCERPTS FROM THE MINUTES OF THE
REGULAR SESSION OF THE
SANGGUNIANG PANLUNGSOD OF MALABON
PAGE 010
SEPTEMBER 3, 2018
CITY ORDINANCE No. 14-2018

secondary exposure to tobacco smoke. Said waning may be

any of the following:

a. “GOVERNMENT WARNING: Cigarette Smoking is

Dangerous to your Health” (BABALA: Ang paninigarilyo
ay Mapanganib sa Iyong Kalusugan)

b. “GOVERNMENT WARNING: Tobacco Smoke Can

Harm Your Children” (BABALA: Ang Usok ng Sigarilyo
ay Mapanganib sa mga Bata)

c. “GOVERNMENT WARNING: Smoking Kills” (BABALA:

Nakamamatay ang Paninigarilyo)

Under no circumstances shall any mark, device, word, or

image associated with any tobacco company or product be
included in any of these signs and materials. Non-smoking
areas shall likewise have at least one (1) legible and visible
sign posted saying “NON-SMOKING AREA” or “NO
SMOKING”.

Section 6. Section 22 of City Ordinance 02-2012 is hereby amended to

read as follows:

Section 22. DUTIES AND RESPONSIBILITIES OF THE

TASK FORCE

The Task Force Ordinance shall have the following duties

and responsibilities:

a. Formulate policies for the apprehension of violators,

payment of fines or rendition of community service, the
conduct of information dissemination, and other guidelines
for the effective implementation of this Ordinance;

b. Receive, review and process reports of complaints for

violations of this Ordinance;

c. Receive, review and process applications of Designated

Smoking Areas;

d. Deputize enforcers for the apprehension of violators;

e. Adjudicate protests of any violations hereof;

In addition to the foregoing, the following Officers shall have

the following duties and responsibilities:
 EXCERPTS FROM THE MINUTES OF THE
REGULAR SESSION OF THE
SANGGUNIANG PANLUNGSOD OF MALABON
PAGE 011
SEPTEMBER 3, 2018
CITY ORDINANCE No. 14-2018

a. The City Health Officer shall:

i. Issue citation tickets to the enforcers;

ii. Assign a hotline or any other number to which
violations of this Ordinance may be reported by
telephone call or by SMS, and the person to operate
the line and record reports;
iii. Serve as the overall coordinator of this Ordinance;
iv. Act as agent of the City Treasury Department in
giving order of payment to be paid by the violator;
v. Make tobacco control, including the implementation
and enforcement of this Ordinance, a part of the
health program to be proposed for funding of the
general fund project of the City;

b. The Local Building Officer shall:

i. Conduct, together with the City Health Department, or

on its own, inspection activities as provided in this
Ordinance;
ii. Determine whether or not enclosed or partially
enclosed public places, workplaces, or other public
places comply with the requirements of this
Ordinance;

c. The City Information Officer shall:

i. Print the Citation Tickets and copies of this Ordinance

for distribution to the public;
ii. Make a primer summarizing the provisions of this
Ordinance;
iii. Publicize activities related to the implementation and
enforcement of this Ordinance;

d. The Business Permits and License Officer shall:

i. Order the suspension or revocation of permits and

licenses of establishments found to have violated this
Ordinance, subject to the provisions of Section 16
hereof;
ii. Deny renewal of permits and licenses of violators of
this Ordinance;

e. The CSO Representative shall:

i. Assist in preliminary inspections and in monitoring

violations this Ordinance;
 EXCERPTS FROM THE MINUTES OF THE
REGULAR SESSION OF THE
SANGGUNIANG PANLUNGSOD OF MALABON
PAGE 012
SEPTEMBER 3, 2018
CITY ORDINANCE No. 14-2018

ii. Assist in promoting awareness of this Ordinance and

in encouraging public support and participation in its
implementation and enforcement;
iii. Assist in developing and promoting a smoking
cessation program;
iv. Assist in developing and conducting orientation
seminars and trainings for enforcers;
v. Assist in evaluating the performance of the Task
Force and the effectiveness of the implementation
and enforcement of this Ordinance;

f. The PNP Representative shall:

i. Apprehend violators in accordance with the

provisions of this Ordinance;
ii. Assist the city government officials and deputized
civilians in apprehending violators and in filing the
appropriate complaints;

g. The City Legal Officer shall:

i. Assist the City Health Department in reviewing

reports of and complaints for violations of this
Ordinance and in determining liability.

Section 6. Section 23of City Ordinance 02-2012 is hereby amended to

read as follows:

Section 23. Enforcement on Individuals

Members of the PNP and/or persons duly deputized by the

Task Force shall apprehend and issue Citation Tickets
against persons caught smoking in places where such is
prohibited. They shall forward copies of the tickets issued to
the City Health Department regularly, at least thrice a week.

Section 7. Separability. – If any part or provision of this Ordinance is

declared unconstitutional or invalid, such declaration shall
not invalidate other parts thereof which shall remain in full
force and effect.

Section 8. Repeal. – All ordinances, local rules and regulations or parts

thereof inconsistent with this Ordinance are hereby repealed
or modified accordingly.

Section 9. Effectivity. –This Ordinance shall take after ten (10) days
following its publication in a newspaper of general circulation
and its posting in a bulletin board at the entrance of the City
 EXCERPTS FROM THE MINUTES OF THE
REGULAR SESSION OF THE
SANGGUNIANG PANLUNGSOD OF MALABON
PAGE 013
SEPTEMBER 3, 2018
CITY ORDINANCE No. 14-2018

Hall of Malabon and in at least two other conspicuous places

in the City of Malabon.

APPROVED: SEPTEMBER 3, 2018

---------------------------------------------------------------------------------------------------------------------

We are attesting to the truthfulness of the foregoing ordinance.

Atty. ROMMEL M.
BERNARDO
City Council Secretary

Hon. BERNARD C. DELA CRUZ Hon. EDRALIN D. YANGA

City Councilor City Councilor

Hon. JAIME V. DUMALAOG Hon. JOSE LORENZO A. ORETA

City Councilor City Councilor

(Absent)
Hon. MARICAR D. TORRES-MARALIT Hon. PROSPERO ALFONSO R. MAÑALAC
City Councilor City Councilor

Hon. EDWIN GREGORIO L. DIMAGIBA Hon. SOFRONIA B. LIM

City Councilor City Councilor

(Absent)
Hon. PAYAPA V. ONA Hon. PAULO D. ORETA
City Councilor City Councilor
Liga ng mga Barangay President
 EXCERPTS FROM THE MINUTES OF THE
REGULAR SESSION OF THE
SANGGUNIANG PANLUNGSOD OF MALABON
PAGE 014
SEPTEMBER 3, 2018
CITY ORDINANCE No. 14-2018

Hon. JASPER KEVIN D. CRUZ

City Councilor
SK Federation President

ATTESTED BY

Hon. DIOSDADO A. CUNANAN

City Councilor
Temporary Presiding Officer

APPROVED BY

Hon. ANTOLIN A. ORETA III

City Mayor

Y.D.D. 09.10.2018