Republic of the Philippines

Autonomous Region in Muslim Mindanao

Province of Maguindanao
Municipality of Parang
OFFICE OF THE SANGGUNIANG BARANGAY
Poblacion Dos

Excerpts from the Regular Session of the Sangguniang Barangay of Poblacion 2 held on
February 05, 2018 at the Barangay Session Hall.Be it ordained by the Sangguniang Pambarangay
of Barangay Poblacion Dos assembled in session and constituting quorum to promulgate the
following resolution.

Present:
Punong Barangay
Barangay Kagawad
Barangay Kagawad
Barangay Kagawad
Barangay Kagawad
Barangay Kagawad
Barangay Kagawad
Barangay Kagawad
Abdulmoniem T. Ali
Abdulsamad S. Abo
Myra M. Macapeges
Nasrudin K. Tando
Akmad P. Mamarinta
Ginar Latip
Guinaid A. Ito
Asis A. Ramalan

 
Absent:
  
ORDINANCE NO: 2018-001
Series of 2018
 
AN ORDINANCE ADOPTING THE MUNICIPAL ORDINANCE NO. 09-04 ALSO
KNOWN AS THE “ANTI- SMOKING ORDINANCE OF PARANG, MAGUINDANAO, and
to Prescribe a Comprehensive Guidelines in the Prohibition of Smoking in Barangay
Poblacion Dos and providing penalties for any violations thereof.”
 
WHEREAS, RA 7160 otherwise known as the Local Government Code of 1991 accords
every local government unit the power and authority to promote the general welfare of its
constituents within its territorial jurisdiction, including the promotion of health and safety of its
people;
 
WHEREAS, RA 8749 otherwise known as the Clean Air Act of 1999 declares the right of
every citizen to breathe clean air, prohibits smoking inside and enclosed public places including
public vehicles and other means of transport and directs local government units to implement this
provision;
 
WHEREAS, it is the policy of Barangay Local Government Unit of Poblacion Dos to
promote the health and welfare of its constituents and safeguard public health and ensure the
physical well-being of smokers and non-smokers alike by discouraging cigarette smoking and
tobacco use in public places and conveyances;

WHEREAS, scientific and statistical findings reveal that smoking and the effects of
second hand smoke pose serious hazards to persons who are in the presence of the smokers;
 
WHEREAS, thousands of Filipinos who have been affected addicted to tobacco smoking
die due to lung cancer, chronic obstructive pulmonary disease, coronary artery diseases or
cerebro-vascular diseases and exposure to second hand tobacco smoke also causes numerous
health problems;
 
WHEREAS, the right of the general public to cigarette and tobacco smoke-free
environment shall be ensured by a ban of smoke on public conveyances, in all public buildings
and enclosed public places;
 
NOW THEREFORE, in motion of Kag. Myra Macapeges, jointly seconded by Kag.
Abdulsamad Abo, the body resolved as it is hereby resolved to enact this ordinance:

 
Ordinance No: 2018-001
Series of 2018
 
Section 1. This barangay ordinance shall be known as “BARANGAY ANTI-SMOKING
ORDINANCE OF BARANGAY POBLACION DOS, PARANG, MAGUINDANAO,
Prescribing the Comprehensive Guidelines in the Prohibition of Smoking in Barangay
Poblacion Dos and providing penalties for any violations thereof.
 
Section 2. Definition of terms- as used in this ordinance, the following terms shall have
the meaning ascribed to them in this section, unless the context of their usage indicates another
meaning:

Cigarettes- rolls of finely cut leaf tobacco, or any substitute thereof, wrapped in paper or
any other material.

Electronic Device Systems- refer to any device such as electronic nicotine device,
electronic cigarette and similar devices, whether or not it is used to deliver nicotine to the user
that resembles the outward appearance of real smoking products.

Cigar- a small roll of tobacco leaves prepared for smoking.

Public conveyances- mode of transport servicing the general public, such as, but not
limited to vans, townaces, jeepneys, tricycles, payong-payong and other similar vehicles.

Enclosed public places - refers to a building or any other enclosed structure, whether
government or privately owned, that is open to the public by general invitation or otherwise,
such as but not limited to private workplaces, offices, schools, hospitals, medical clinics,
markets, restaurants, lounges, comfort rooms, auditoriums, session halls, terminals, gymnasiums,
libraries, courtrooms, grocery stores and other similar places where smoking may expose a
person other than smoker to tobacco smoke. The imposition of an entry fee, use charge,
membership requirement or other condition of entry to an enclosed area shall not prevent its
constitution as a public place; provided that admission is granted on a uniform basis to persons
who meet the established criteria for use or admission.

Smoking - the act of carrying a lighted cigarette, cigar or a pipe whether or not it is being
inhaled or smoked.
Designated Smoking Area - refers to an indoor area where smoking is allowed,
physically separated from the declared smoking-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.

Minor - person under eighteen (18) years old.

Section 3. Smoking is strictly prohibited in all public places in Poblacion Dos, Parang,
Maguindanao 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;
c. All enclosed public places with an area of less than one hundred (100) square meters.
In relation to the above section, any person having ownership, possession or control of a
public places not otherwise as declared absolutely smoke-free area may designate
separate smoking areas. In the absence of designated smoking area, such as public place
shall be declared totally a non-smoking area.

Section 4. Strictly prohibits the selling of any tobacco products or electronic device systems and
the likes to minor or buying of any tobacco products or electronic device systems and engaging
minors in the promotion or advertisement of any tobacco products and an errand to buy tobacco
products.

Section 5. It is likewise declared unlawful to smoke cigarette, cigar pipe, e-cigarette and the likes
in public conveyances plying in the area of jurisdiction of Barangay Poblacion Dos, Parang,
Maguindanao.
Strict observance for drivers of public conveyances to require them to post the No
Smoking sign inside their vehicle as per Municipal Ordinance No. 09-04 and Barangay
Ordinance No. 01-17 upon entering Barangay Poblacion Dos Area of Jurisdiction.

Section 6. Violations and Penalties. Any person found violating any provision of this ordinance
shall be penalized as follows:

Smoking in public places and conveyances:

First offense: For first time offenders, they need to render one (1) day community service like de-
clogging of the canals, waste segregation at Material Recovery Facility of the Barangay, etc.
Second offense: fine of 500.00 Php and 2 days community service
Third offense: fine of 1000.00 Php and/or imprisonment of 3 days

Selling of any tobacco products or electronic device systems and the likes to minor and
engaging minors in the promotion or advertisement of any tobacco products and an errand
to buy tobacco products:

First Offense: render 1 day community service

Second Offense: fine of 500.00 Php and 2 days community service
Third Offense: fine of 1000.00 Php and/or imprisonment of 3 days

Section 7. If any provision of this ordinance is declared unconstitutional or illegal, the same shall
not affect the validity and effectivity of the other provisions hereof.

RESOLVED FINALLY that copies of this ordinance be furnished to Hon. Ibrahim P.

Ibay, DMD, Municipal Mayor, Parang, Maguindanao and all concerned for their respective
information and appropriate action.

Carried and approved this February 05, 2018.

 
I hereby certify to the correctness of the above-quoted ordinance of the Sangguniang
Pambarangay of Barangay Poblacion Dos, Parang, Maguindanao.

MAIRA I. CABALO
Brgy. Secretary

ATTESTED AND CERTIFIED TO BE DULY ADOPTED:

ABDULMONIEM T. ALI
Punong Barangay