AN ORDINANCE BANNING THE SELING/DISPENSING OF CIGARETTES / ANY TOBACCO PRODUCT TO

MINORS WITHIN THE JURISDICTION OF _________________ BARANGAY AND PRESCRIBING PENALTIES

TO VIOLATORS THERE OFF

BE IT ORDAINED BY THE SANGGUNIANG OF BARANGAY ___________________ IN SESSION ASSEMBLED

THAT

SECTION 1. Introduction:

a) Section 15 of Article II of the Constitution provides that the state shall protect and promote the
right to health of the people and instill health consciousness among them. Furthermore, the constitution
also provides priority to health of the underprivileged, sick, elderly, women and children.

The state recognizes that cigarettes / other tobacco products and intoxicating liquors contain hazardous
and addictive substances and therefore dangerous to the health of the public when used. Likewise, the
state as a matter of policy shall continue to discourage cigarette smoking and drinking of intoxicating
liquor and shall take special measures to protect minors from procuring and indulging on the vice of
smoking and drinking liquors

SECTION 2. Definition of Terms. For the purpose of this Ordinance, the following terms are defined
as:

a. Cigarette – refers to any roll or tubular construction, which contain tobacco or its derivatives and is
intended to be burned or related under ordinary condition of use.

b. Intoxicating Liquors – mean and include alcohol for beverage purposes, alcoholic, spirituous, vinous,
fermented, malt or any lime, beer, tuba, lambanog and / or combination of liquors, a part of which is
spirituous, vinous or fermented and all preparations or mixtures for beverage purposes, containing in
excess of one half of one percent by volume
c. Sale – refers to the act of transferring ownership of a material or item of value from one person to
another for monetary or any other consideration.

d. Minor – refers to any person below 18 years of age.

e. Manufacturer – refers to any person or entity, including a re-packer, who makes, fabricates,
assembles, processes, or labels a finished product.

f. Person – refers to both natural individual or juridical persons such as partnership, corporation, or
any other businesses or legal entity.

g. Retailer – refers to any person or entity that sells tobacco products or intoxicating liquors to
individuals for personal consumption.

h. Tobacco Products – refers to any product that consists of loose tobacco that contains nicotine and
is intended for use in a cigarette, including any product containing tobacco and intended for smoking or
oral or nasal use.

SECTION 3. Prohibited Acts.

a) All Sari-sari stores, “tiange” or stalls shall be prohibited to sell cigarette(s) / any tobacco products
and intoxicating liquors to minors;

b) It shall be unlawful for a minor to sell or buy / purchase cigarettes or any tobacco products and
intoxicating liquor for his / her or for other’s consumption / use;

c) It shall be unlawful for parents to encourage or give permit to their minor children to purchase
cigarette(s), any tobacco product and intoxicating liquors;

d) It shall not be a defense of any person selling or distributing cigarettes or any tobacco products and
intoxicating liquor that he / she did not know or was not aware of the real age of the minor. Neither
shall it be a defense that he / she did not know that the cigarette / any tobacco product and intoxicating
liquor was for the consumption / use of the minor.