Republic of the Philippines

PROVINCE OF NORTHERN SAMAR

Catarman
-oOo-

Sangguniang Panlalawigan
EXCERPT FROM THE JOURNAL OF THE REGULAR SESSION OF THE
SANGGUNIANG PANLALAWIGAN OF THE PROVINCE OF NORTHERN
SAMAR HELD ON 20 JULY 2009, AT 10:30 IN THE MORNING AT ITS
SESSION HALL, CAPITOL BUILDING, CATARMAN, NORTHERN SAMAR

______________________________________________________________________
Introduced by:
Honorable JOSE F. LAYON
Member, Sangguniang Panlalawigan

Co-sponsored by:
Honorable ALBERT A. LUCERO
Member, Sangguniang Panlalawigan
______________________________________________________________________

ORDINANCE NO. 12
Series of 2009

SMOKE-FREE ORDINANCE OF THE

PROVINCE OF NORTHERN SAMAR

WHEREAS, the 1987 Constitution of the Philippines mandates the State to

protect and promote the right to health of the people and instill health
consciousness among them;

WHEREAS, every local government unit has been granted power and
authority by Republic Act 7160, otherwise known as the Local Government Code
of 1991, to promote the general welfare of its constituents to include, among
others, the promotion of their health and safety. Towards this end, it is the purpose
of this Ordinance to safeguard public health and ensure the physical well being of
all its constituents by minimizing the risk of exposure to second-hand smoke and
by discouraging cigarette smoking and tobacco use;

WHEREAS, Sec 24 of Republic Act 8749 otherwise known as the

“Philippine Clean Air Act of 2003”, prohibits smoking inside enclosed public
places including public vehicles and local government units are directed by law to
implement the said provision;
 WHEREAS, Sec 5 of Republic Act 9211 otherwise known as “The Tobacco
Regulation Act of 2003”, prohibits smoking in certain public places whether
enclosed/indoor or outdoor like centers of youth activity, public facilities, and
public conveyances and local government units are directed by law to implement
the said provision;

WHEREAS, scientific studies and statistical findings and data reveal that
smoking and the effects of second-hand smoke pose serious health hazards to
persons who are in the presence of smokers;

WHEREAS, an increasing number of Filipinos die each year due to tobacco

related illnesses caused by smoking and second-hand smoke such as stroke, heart
diseases, lung diseases and various forms of cancer and the health issues related to
tobacco-related illnesses result in productivity losses and contribute significantly
to loss of income and poverty;

WHEREAS, recent studies show that only 100% smoke-free public places
and workplaces can protect from exposure to second-hand smoke because
ventilation/air filtration systems and designated smoking areas do not protect from
second-hand smoke;

NOW THEREFORE, upon joint motion of Honorable Jose F. Layon and

Honorable Albert A. Lucero, duly seconded,

BE IT ORDAINED by the Sangguniang Panlalawigan in session assembled-

Section 1. This Ordinance shall be known as “THE SMOKE-FREE

ORDINANCE OF THE PROVINCE OF NORTHERN SAMAR”

Section 2. DEFINITION OF TERMS – As used in this Ordinance, the

following terms shall have the meanings ascribed to them in this section, unless
the context of their usage indicates another meaning:

a. Cigarette – roll of finely cut leaf tobacco, or any substitute thereof,

wrapped in paper or any other material;

b. Cigar – a small roll of tobacco leaves prepared for smoking;

c. Designated Smoking Areas – refers to an indoor area where smoking is

allowed, physically separated from the declared “smoke-free” area,
equipped with effective and strong ventilation so that smoke emanating
there from does not drift, permeate or re-circulate into any smoke free
area by continuous floor-to-ceiling walls which are interrupted only by
doors which must be constantly closed except during ingress or egress;
 d. Minor – refers to any person below eighteen (18) years old;

e. Point-of-Sale – refers to any location at which an individual can

purchase or otherwise obtain tobacco products;

f. Public Conveyance – refers to any vehicle, whether mobile or

stationary, available to the public as a mode of transportation, such as,
but not limited to, jeepneys, buses, megataxis, tricycles, pedicabs and
other similar vehicles;

g. Public Place – refers to all places that are accessible or open to the
public, whether or not by invitation or by payment, or all places for
collective use, regardless of ownership or right to access including, but
not limited to, establishments that provide food, accommodation,
drinks, professional services, merchandise, entertainment or other
services;

h. Retailer – refers to any person who or entity that sells tobacco products
to individuals for personal consumption;

i. Smoking – being in possession or control of a lit tobacco product

whether or not it is being inhaled or exhaled;

j. Second-hand smoke – refers to 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;

k. Tobacco Product – products made partly or entirely from tobacco leaf,

which may be smoked, sucked, or chewed, or sniffed;

l. Workplace – refers to any place used by people during their

employment or work, including all attached or associated places
commonly used by the workers in the course of their employment as
well as vehicles used in the course of work;

Section 3. SMOKING BAN IN PUBLIC PLACES - Smoking is strictly

prohibited in all public places in the Province of Northern Samar, except in
designated smoking areas. Provided, however, that the following public places are
hereby declared as absolutely smoke-free areas.

a. All government/public buildings;

b. Schools in all levels, public or private;

c. Hospitals, medical clinics, health centers, laboratories and other health
facilities;
 d. Locations in which fire hazards are present, including gas stations and
storage areas for flammable liquids, gas, explosives or combustible
materials;

e. All indoor public places with an area of less than one hundred (100)
square meters.

Section 4. DESIGNATED SMOKING AND NON-SMOKING AREAS –

In all indoor/enclosed public places, private workplaces and other places not
covered under the preceding section, where smoking may expose a person other
than the smoker to tobacco smoke, the owner, proprietor, operator, possessor,
manager or administrator of such places shall establish smoking and non-smoking
areas. Such areas may include a designated smoking area within the building,
which may be in an open space or separate area with proper ventilation, but shall
not be located within the same room that has been designated as a non-smoking
area.

All designated smoking area shall have at least one (1) legible and visible
sign posted saying “SMOKING AREA”, in English or Filipino, for the
information and guidance of all concerned. In addition, the sign of notice posted
shall include a warning about health effects of direct or second-hand exposure to
tobacco smoke. Non-smoking areas shall likewise have at least one (1) legible and
visible sign, namely: “NON-SMOKING AREA” or “NO SMOKING”.

Section 5. SMOKING BAN IN PUBLIC CONVEYANCES – It is

likewise declared unlawful to smoke cigarette, cigar, or pipe in public
conveyances. Drivers of public conveyances are also required to post the
following sign inside their vehicle:

NO SMOKING
As per SANGGUNIANG PANLALAWIGAN ORDINANCE NO. 12
SERIES OF 2009

PENALTY FOR VIOLATION

First Offense – Fine of One Thousand Pesos (Php 1,000.00)

Second Offense – Fine of Two Thousand Pesos (Php 2,000.00)
Third Offense – Fine of Three Thousand Pesos (Php 3,000.00)
or imprisonment for not less than three (3) days but not
more than six (6) days or both at the discretion of the
Court.
 Section 6. MINIMUM AGE SALES – Under this Ordinance, it shall be
unlawful:

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

to any minor;

b. For any person to purchase cigarettes or tobacco products from a minor;

c. For a minor to sell or buy cigarettes or any tobacco product; and

d. For a minor to smoke cigarettes or any other tobacco products.

It shall not be a defense for the person selling or distributing 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 nor had any reason to believe that the cigarettes
or any other tobacco product was for the consumption of the minor to whom it
was sold.

Section 7. SALE OF TOBACCO PRODUCTS WITHIN SCHOOL –

The sale or distribution of tobacco products is prohibited within one hundred (100)
meters from any point of the perimeter of a school, public playground or other
facility frequented particularly by minors.

Section 8. SIGNAGE – Point-of-sale establishments offering, distributing

or selling tobacco products to consumers, shall post the following statement in a
clear and conspicuous manner:

“SALE/DISTRIBUTION TO OR PURCHASE BY MINORS

OF TOBACCO PRODUCTS IS UNLAWFUL”
or
“IT IS UNLAWFUL FOR TOBACCO PRODUCTS TO BE
SOLD/DISTRIBUTED TO OR PURCHASED BY PERSON
UNDER 18 YEARS OF AGE”

Section 9. PROOF OF AGE VERIFICATION – In case of doubt as to the

age of the buyer, retailers shall verify, by means of any valid form of photographic
identification containing the date of birth of the bearer that no individual
purchasing a tobacco product is below eighteen (18) years of age.

Section 10. PENALTIES – Any person found violating any provision of

this Ordinance shall be penalize as follows:
a. First Offense – Fine of One Thousand Pesos (Php 1,000.00)
b. Second Offense – Fine of Two Thousand Pesos (Php 2,000.00)
 c. Third Offense – Fine of Three Thousand Pesos (Php 3,000.00) or
imprisonment for not less than three (3) days but
not more than six (6) days or both at the discretion
of the Court.

Section 11. IMPLEMENTING RULES AND REGULATIONS (IRR) –

The Provincial Health Office assisted by the Provincial Legal Office shall
promulgate such rules and regulations, with the approval of the Local Chief
Executive, necessary for the effective implementation of this Ordinance within six
(6) months from the date of publication of this Ordinance.

The non-promulgation of the rules of procedure shall not prevent the

effectivity of this Ordinance.

Section 12. SEPARABILITY CLAUSE – If any part, section, or provision

of this Ordinance is held invalid or unconstitutional, other provisions not affected
thereby shall remain in full force and effect.

Section 13. REPEALING CLAUSE – All other Ordinances, Resolutions

or Local Executive Orders or rules and regulations contrary to or inconsistent with
the provision of this Ordinance are hereby repealed, amended or modified
accordingly.

Section 14. EFFECTIVITY CLAUSE – This Ordinance shall take effect

one (1) month after its publication for three (3) consecutive days in a newspaper of
general circulation within the Province of Northern Samar.

PASSED AND ENACTED by the Sangguniang Panlalawigan in session

assembled on the 20th day of July, Catarman, Northern Samar.