~

'.

..

~
'

ft

Republic of the Philippines

City of 1loilo

OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPT FROM THE MINUTES OF THE 17TH REGULAR SESSION OF THE SANGGUNIANG
PANLUNGSOD OF THE CITY OF ILOILO, PHILIPPINES, HELD AT THE SESSION HALL, NEW CITY
HALL BUILDING, PLAZA LIBERTAD, ILOILO CITY, ON TUESDAY, MAY 20, 2014.
PRESENT:

HON. JOSE S. ESPINOSA Ill

City Vice Mayor & Presiding Officer
HON. LYNDON V. ACAP

Member

HON. RODEL F. AGADO

Member

HON. JOSHUA C. ALIM, Floor Leader

Member

HON. LADY JULIE GRACE L. BARONDA

Member

HON. R LEONE N. GEROCHI

Member

HON. JASON R. GONZALES

Member

HON. CARLOS P. GUARIN, Liga ng mga Brgy. President

Ex Officio Member

HON. PLARIDEL C. NAVA 11, Asst. Floor Leader

Member

HON. ARMAND S. PARCON

Member

HON. EDUARDO L. PENAREDONDO

Member

HON. LIEZL JOY ZULU ETA-SALAZAR

Member

HON. JOSE EFRAIN G. TRENAS Ill

Member

HON. NIELEX C. TUPAS

Member

ABSENT:
None.

REGULATION ORDINANCE NO. 2014-258

AN ORDINANCE REVISING REGULATION ORDINANCE NO. 2001-192, AN
ORDINANCE BANNING THE SALE OF CIGARS AND CIGARETTES TO MINORS IN
THE CITY OF ILOILO
Sponsored by Councilor Lady Julie Grace L. Baronda, co-sponsored
by Councilors Liezl Joy Zulueta-Salazar, Nielex C. Tupas, Joshua C.
Ali, Jose Efrain G. Trenas Ill. Lyndon v. Acap, Armand S. Parcon
Radel F. Agado, duly seconded by councilor Jason R. Gonzales
Be it ordained by the Sangguniang Panglungsod of lloilo City, that:

SECTION 1.- Title. This ordinance shall be known as an "Ordinance Banning the Sale,
Distribution and/or Buying of Cigarettes or Other Tobacco Products to and/or from Minors of
the City of lloilo".
SECTION 2. - Principles and Policies
a Sec. 15 of Art. II of the Constitution provides that the State shall protect and promote
the right to health of the people and instill health consciousness among

Reg. Ord. No. 2014-258, May 20, 2014

Page 2

them. Furthermore, the Constitution also provides priority health to the under
privileged, sick, elderly, disable, women and children;
b

The State recognizes that the cigarettes and other tobacco products contain
hazardous and ~ddictive substances and therefore dangerous to the health of the
public when used;

The State as a matter of policy shall continue to discourage cigarette smoking.

The State shall take special measures to protect minors from procuring and trying
the vice of smoking.

3. - Definition of Terms
a.) Ambulant vendors - Any person selling cigarette in a per stickbasis or in retail, and
selling cigarette by means of carrying the goods and offering it for sale like "Taktak
boys" and the same;
b.) Buying - shall refer to the act of purchasing or acquiring a material or item of value
from one person to another for monetary or for any other consideration;
c.) Distribution- refers to the actual handing-out or delivery of items or materials with or
without monetary onsideration or its equivalent;
d.) Electronic Device System - refers to any device such as;electronic nicotine device
systems, electronic cigarette and similar devices, whether or not it is used to deliver
nicotine to the user, that resembles the outward appearance or real smoking
products; including e-cigarette and the same;
e.) Hazardous substances- shall refer to substances which present either:
i.

short-term acute hazards, such as acute toxicity by inhalation or eye contact

hazard;

ii.

long-term hazards including serious weakening of body resistance to certain

diseases upon repeated exposure, carcinogenicity, which may in some cases
result from acute exposure but with a long latent period or aesthetically

objectionable properties such as offensive odours;

f .) Minor - shall refer to any person, including persons with disabilities below eighteen
(18) years of age;
g.) 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, conductor, or the captain of the public conveyance;
h.) Point-of-sale - refers to any location at which an individual can purchase or otherwise
obtain tobacco pro$iucts, excluding itinerant/ambulant vendors;

Reg. Ord. No. 2014-258, May 20, 2014

Page 3

i.} Retailer - refers to pny person or entity that sells tobacco products to individuals for
personal consumption. These include not only legal entities, but also sari-sari stores
and sidewalk vend~rs who sell cigarettes and other tobacco products;
j.) Selling - shall refer to the act of transferring ownership of a material or item of value
from one person to another for monetary or for any other consideration;
k.} Shisha - also known or referred to as waterpipe, Sheesha,Hookah, Nargeela, Argeel,
Nargile or any oth~r name that refers to a device, instrument or any parts thereof,
including its juice, i which may have a single or multi-stemmed pipe for smoking,
whether or not it delivers nicotine to the user, in which the smoke is passed through a
water basin before inhalation;

I.} Tobacco Products - means products entirely or partly made of the leaf tobacco as raw
material which are manufactured to be used for smoking, sucking, chewing or
snuffing, such as cigarettes and cigars;
m.} Vending machines shall refer to any self-service facility or machine which sells or
distributes products, refreshments, merchandise and other item for consumption,
such as but not l:imited to, coffee, softdrinks, liquor, juice, bread, junk foods,
cigarettes and other tobacco products;
SECTION 4. - Prohibited Acts
The following are the prohibited acts, by classification:
4.1)

SALE OR DISTRIBUTION OF TOBACCO PRODUCTS VIA SELF-SERVICE FACILITY

WITHOUT MECHANISM FOR AGE VERIFICATION

Vending machines or any self-service facility that sells or distributes tobacco products
should have a mechanism for age verification. However, if these machines and facilities
are situated at point-of-sale establishments, the requirement for age verification does
not apply.
The following are the elements of the act penalized:
(1) There is a vending machine, a self-service facility, or similar device.
(2) The machine sells tobacco products. As clarified in the Implementing Rules
and Regulation there is no need for a sale to a minor to actually transpire,
only that the self-service facility fails to comply with the requirement of
having a mechanism for age verification.
(3) The machine has no mechanism for age verification. An example of age
verification mechanisms used in other countries is age verification cameras.
Vending machines should have built-in cameras which scan the face of the
buyer to verify his/her age, or any other similar mechanism to verify the age
of the buyer.
Note, however, that the law provides for an exception in the case of vending

Reg. Ord. No. 2014-258, May 20, 2014

Page 4

machines and self~service facilities found at point-of-sale establishments. These

machines need not have a mechanism for age verification because retailers in pointof-sale establishments are expressly required to verify the age of buyers of cigarettes
and tobacco products.

4.2)

SALE OR DISTRIBUTION OF TOBACCO PRODUCTS TO MINORS BY ANY RETAILER

It shall be unlawful for any retailer of tobacco products to sell or distribute tobacco
products to any minor.
The following are the elements of the offense:
(1) The violator is a retailer of tobacco products ..
(2) The retail~r sold or distributed tobacco product/s. There must have been an
actual sal or distribution of tobacco products. A mere offer of sale or offer
of distribution, or answer to inquiries about the tobacco products will not
hold the retailer liable for this specific offense.
(3) The buyer was a person below 18 years of age. A minor refers to any person
below eighteen (18) years old. Therefore, a buyer of tobacco products who
is eighteen years of age will not fall within the ambit of the law.
Lack of knowledge of the buyer's minority will not shield the retailer from liability
because the retailer is obliged to verify the age of the buyer by means of any valid
form of photographic identification containing the date of birth of the bearer. No
reason to believe that the cigarette or any other tobacco product was for the
consumption of the minor to whom it was sold. The plain act of selling
cigarette/tobacco products to a minor is directly punishable.

4.3)

PURCHASE OF CIGARETTES OR ANY TOBACCO PRODUCT FROM A MINOR

It is unlawful for any person to purchase cigarettes or tobacco products from a minor.
The following are the elements constituting the offense of purchasing cigarettes or
tobacco products from a minor:
(1)

The violator is a buyer.

He buys cigarettes or tobacco products from a seller. The violator must have
actually bought the cigarettes or tobacco products. Excluded from the ambit of
this offense are mere inquiries made by an individual regarding the tobacco
products for sale. Mere viewing of tobacco products is likewise beyond the
contemplation of this offense.
(2)

The seller is a minor.

4.4)

PURCHASE OF CIGARETTES OR ANY TOBACCO PRODUCT BY A MINOR

4.5)

IT SHALL BE UNLAWFUL FOR MINORS TO SMOKE CIGARETTES.

Page 5

Reg. Ord. No. 2014-258, May 20, 2014

4.6)

IT SHALL BE UNLAWFUL FOR PARENTS OR ANY PERSON TO CONSENT,

TOLERATE, QR ALLOW ANY MINOR TO ENGAGE IN SELLING OR PURCHASING
CIGARETTES ioR OTHER TOBACCO PRODUCTS

SECTION 5. - Penalties
A. INDIVIDUAL PENAlTIES
Any person caught in the act, being a witness of the same act or upon presentation of
evidence proving the selling, distribution and/or the buying of cigarette or other
I

tobacco products ihcluding electronic device system, e- cigar and/or shisha to and/or
from minors and ~ny violations provided for in Section 4 and its subsections of this
ordinance shall be fined, after due hearing as follows:

On the first offense

A fine of Pl,500.00 and/or two (2) to three

(3) days imprisonment at the discretion of
the Court

On the second offense

A fine of P3,000.00 and/or four (4) to five (5)

days imprisonment at the discretion of the
Court

On the third offense and

Subsequent Offenses

A fine of P5,000.00 and/or six (6) to ten (10)

days imprisonment at the discretion of the
Court

Minors who violate this ordinance shall be referred directly by the apprehending
officer to the nearest CSWD Office for appropriate action, recommendation, and will undergo
counseling and smoking cessation with their parents, legal guardian/guardians.
CSWDO must immediately inform the said parents, legal guardian or guardians right after the
remittance.
8. PARENTS AND GUARDIANS

Parents, legal guardian or guardians found to have been violating this ordinance shall be
civilly liable to pay fines in the amount of one thousand (Pl,000) pesos to five thousand
(PS,000) pesos and/or imprisonment of not more than thirty (30) days, at the discretion of the

ADMINISTRATIVE PENALTIES.
(a) Any Establishment allowing and selling cigarette/tobacco products to minors
including electronic device system, e-cigar and shisha and other violation/s on
Section 4 , the business entity or establishment shall be penalized as follows:

Reg. Ord. No. 2014-258,

May 20,

Page 6

2014

On the first offense

A fine of P2,000.00 and/or fifteen (15) days

temporary closure of the place of business

On the second offense

A fine of P3,SOO.OO and/or one (1) month

temporary closure of the place of business

On the third offense and

final offense

A fine of PS,000 and revocation of business permit

and license

(b) Any violation of the provisions of this ordinance, if committed by a juridical

person, the Pre~ident, Manager, Store Owner shall be held liable.
Payments of fine shall be made directly to the office of the City Treasurer by
presenting the citation ticket issued by the ICAST within three (3) days from apprehension.
After three (3) days, the case may be filed against the violator through the City Legal Office.
The City Legal Office shall initiate in filing of appropriate charges in court upon
recommendation of the apprehending officer.
Due process shall be observed in the imposition of fines and suspension or
revocation of business permit and license. The procedure for suspension or revocation of
business permits as provided for in the prevailing ordinance shall apply.
SECTION 6.- Dissemination of Information.
Liga ng mga Barangay and barangay officials are required to disseminate this
ordinance within their respective territorial jurisdiction.
School officials and the Parents and Teachers Association (PTA) in their respective
school campuses are likewise required to disseminate this ordinance. They shall report
violation/s hereof to the school's disciplinary committee or school's guidance counselor and
furnish copy to the lloilo City Anti-Smoking Taskforce (ICAST).
SECTION 7. - Implementing Agencies:
lloilo City Anti Smoking Taskforce and /or any authorized entity of the city
government is/are mandated to implement this ordinance. They shall report and serve
notice of violation hereto and forward to the City Legal Office for proper legal
proceedings.
Punong Barangay and Barangay Officials are mandated to apprehend violator/s of this
ordinance and require them to pass a resolution in their council adopting this ordinance.
The Business and Permit Division shall order suspension or revocation of permits or
licenses of establishments found to have violated this ordinance and to deny renewal of
permits for violators of this ordinance.
The City Legal Office. - shall process and facilitate filing of cases and assist the
apprehending officer in reviewing report of violation and file appropriate charges in
court if violator fails to submit payment in violation of this ordinance.

......

'

Reg. Ord. No. 2014-258, May 20; 2014

Page 7

Philippine National Police (PNP) City Director shall order all station and sub-station
commanders to implement and apprehend violator/s of this ordinance and to issue
notice of violation :to the violators, except minors, and to submit monthly report of
apprehension to ICAST.

The Mayor can deputize additional person/s to implement this ordinance if deemed
necessary.
Section 8. - Repealing Clause - An ordinance or resolutions inconsistent with any
provisions of this ordinance is hereby repealed or amended accordingly.
Section 9. - Separability Clause - If for any reason/s any part or prov1s1on of this
ordinance be declared unconstitutional or invalid, the other parts or provisions declared
thereof not affected shall continue to be in full force and effect.
Section 10. - Effectivity Clause - This ordinance shall take effect 15 days after its

approval and publication in any newspaper of general circulation in lloilo City.

ENACTED, May 20, 2014
I hereby certify to the correctness of the above quoted ordinance.

Secre ary to the Sanggunian~

APPROVED:

. ESPINOSA Ill
City Vice Mayor & Presiding Officer