Republic of the Philippines

General Santos City

OFFICE OF THE SANGGUNIANG PANLUNGSOD CHAMPIONS

EXCERPT FROM THE MINUTES OF THE 89TH REGULAR SESSION OF THE 17 TH SANGGUNIANG PANLUNGSOD, CITY OF GENERAL SANTOS, HELD AT THE

SANGGUNIANG PANLUNGSOD SESSION HALL ON TUESDAY, MAY 12, 2015.

PRESENT:

Hon. Shirlyn L. BaFias-Nograles Hon. Dominador S. Lagare III Hon. Elizabeth B. Bagonoc Hon. Ramon R. Melliza Hon. Rosalita T. Nunez Hon. Brix T. Tan Hon. Arturo C. Cloma Hon. Richard L. Atendido Hon. Vivencio E. Dinopol Hon. Marius Orlando A. Oco Hon. Eduardo D. Leyson IV Hon. Mario U. Empal Hon. Rogelio D. Pacquiao

ABSENT:

Hon. Franklin M. Gacal, Jr.

City Vice Mayor & Presiding Officer City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor (Indigenous Peoples Representative) City Councilor (President, Liga ng mga Barangay)

City Councilor (OL) Hon. Shandee Theresa L. Pestano City Councilor (OL)

WHEREAS, RA 7160, otherwise known as the Local Government Code of 1991 accords every local government unit power and authority to promote the general welfare within its territorial jurisdiction, including the promotion of health and safety of its people;

WHEREAS, RA 8749, otherwise known as the Philippine Clean Air Act of 1999 declares the right of every citizen to breathe clean air, prohibits smoking inside enclosed public places including public vehicles and other means of transport, and directs local government units to implement this provision;

WHEREAS, cumulative scientific data and statistical findings indicate that thousands of Filipinos smoking and inhaling secondary smoke have died of lung cancer, chronic obstructive pulmonary disease, coronary artery diseases or cerebro-vascular diseases;

WHEREAS, it is the policy of General Santos City to promote the health and welfare of its constituents by safeguarding public health and ensuring the physical well being of smokers and non-smokers alike by discouraging cigarette and tobacco use;

WHEREAS, the right of the general public to a cigarette and tobacco smoke-free environment shall be ensured by banning smoking in public conveyances, accommodation and entertainment establishments, public offices and buildings, school campuses both public and private, enclosed or partially enclosed places, public outdoor spaces, workplaces and government-owned vehicles except in the duly designated smoking areas within the territorial jurisdiction of General Santos City;

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• • WHEREAS, in 1992, the Sangguniang Panlungsod enacted Ordinance No. 09,

series of 1992, banning smoking in public places in General Santos City and imposing penalty for violation thereof;

WHEREAS, there is a need to strengthen the said ordinance so that it can be implemented effectively and efficiently;

NOW, THEREFORE, on motion of City Councilor Rosalita T. Nunez, duly seconded by City Councilors Elizabeth B. Bagonoc, Mario U. Empal, Brix T. Tan and Eduardo D. Leyson IV, be it-

RESOLVED, as it is hereby resolved to enact this Ordinance:

ORDINANCE NO. 06 Series of 2015

AN ORDINANCE PRESCRIBING THE COMPREHENSIVE GUIDELINES IN THE PROHIBITION OF SMOKING IN THE CITY OF GENERAL SANTOS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

Hon. Rosalita T. Nunez, MNSA, Ph.D. — Author Hon. Marius Orlando A. Oco, Hon. Elizabeth B. Bagonoc, Hon. Ramon R. Melliza, Hon.

Franklin M. Gacal, Jr., Hon. Shandee Theresa 0. Llido - Pestafio & Hon. Mario U. Empal — Co-Authors

Be it enacted by the Sangguniang Panlungsod, City of General Santos, that:

Section 1. Short Title.- This Ordinance shall be known as the "Comprehensive Anti-Smoking Ordinance of General Santos City."

Section 2. Definition of Terms.- As used in this ordinance, the following terms are defined as follows:

a) Accommodation & Entertainment Establishments — refer to establishments that provide food, accommodation, drinks, merchandise, entertainment or other professional services including, but not limited to, restaurant, fast foods, eateries, hotels, motels, lodges, inns, boarding houses, disco houses, videoke bars, resto bars, and movie houses, or any other place with pleasant environment and atmosphere conducive to comfort, healthful relaxation and rest, offering food and/or drinks, sleeping accommodation and recreation facilities to the public for a fee.

b) Cigarette - is a small cylinder of finely cut tobacco leaves rolled in thin paper for smoking.

c) Designated Smoking Area — refers to an outdoor space where smoking is allowed without violating this Ordinance that meets the following requirements, at the minimum:

1) It shall be located in an open-space with no permanent or temporary roof or walls in an outdoor area;

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• • 2) It shall be located 10 meters away from the entrances, exits or any

place where people pass or where people assemble or congregate;

3) It shall have only one (1) designated smoking area within the establishment;

4) There shall be no foods or drinks to be served in the designated smoking area;

5) There shall be a highly visible and prominently displayed "SMOKING AREA" sign and a graphic depiction and corresponding explanation of the ill effects of smoking to the smoker's health or exposure to secondhand smoke. 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;

6) All designated smoking areas must be approved by the Anti-Smoking Task Force.

d) Electronic Device Systems — refer 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 of real smoking products.

e) Enclosed or Partially Enclosed Public Places — refer to enclosed area to which the public is invited or in which the public is permitted for collective use, regardless of ownership such as: business arcades, town squares, private workplaces, government offices and buildings, educational facilities, both public and private, child care and adult day care facilities, libraries and museum, medical clinics, hospitals, nursing homes and other multiple unit, residential facilities, markets, supermarkets, malls, grocery stores, department stores, convenient stores, financial institutions, hardwares, restaurants, eateries, fast food outlets, bars, nightclubs, conference rooms, polling places, function halls, reception areas, session halls, assembly halls, pools and billiard halls, public transportation facilities, terminals, airport, seaports, places of worship/churches, gaming facilities, recreation centers, movie houses, stage dramas, playgrounds, courtrooms, apartment buildings, hotels and motels, auditoriums, beauty parlors, barber shops, spa and massage clinics, funeral parlors or chapels, cockpits, pedestrian overpasses, indoor car parks, waiting areas, sidewalks, restrooms, lobbies, hallways, and other similar places where smoking may expose a person other than the smoker to cigar and tobacco smoke.

f) Government-owned or Rented Vehicles — refer to government owned vehicles or rented vehicles for official use only.

g) Minors - are persons below 18 years old;

h) Public Conveyance — refers to any vehicle, whether mobile or stationary, used in the transport of passengers or available to the public as a mode of transport, such as but not limited to motorcycles, tricycles, jeepneys, buses, vans, taxis, airplanes, ships, and other modes of water transportation and other public utility vehicles whether covered by a Certificate of Public Convenience or not.

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i) Public Office or Building — refers to the following:

1) An office or building or structure owned by the government or by a private person but used, rented or occupied by the government or any of its instrumentalities;

2) Any office or building or structure used, or controlled exclusively for public purpose by any department or branch of government, local government unit or barangay without reference to the ownership of the building.

1) Public Outdoor Spaces — refer to outdoor spaces that are open to the public or places where facilities are available for the public or where a crowd of people gather or congregate regardless of ownership or right to access such as but not limited to parks, playgrounds, sports grounds, or centers, gaming areas, cock fighting areas, healthcare/hospital compounds, memorial parks, memorial gardens, beaches, resorts, pools, market streets, sidewalks, parking areas, walkways, entrance ways, waiting areas, stairwells, and the like.

k) Shisha — a device or instrument 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) Smoking — the act of carrying or puffing a lighted cigarette or cigar;

m) Tobacco Product — 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.

n) Workplaces — refer to permanent or temporary place, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis.

Section 3. Applicability.- The comprehensive guidelines in the prohibition of smoking in the City of General Santos are enforceable/applicable to the following:

a) All constituents of General Santos City regardless of age;

b) All transients/visitors to the city regardless of age;

Section 4. Smoking Prohibitions.- The following acts are absolutely prohibited:

a) Smoking any tobacco product or using electronic device system, shisha, and the like in all forms of public conveyances, accommodation and entertainment establishments, public offices and buildings, school campuses both public and private, enclosed or partially enclosed places, public outdoor spaces, workplaces and government—owned vehicles except in the duly designated smoking areas within the territorial jurisdiction of General Santos City;

b) Permitting, abetting, tolerating or knowingly allowing smoking in the restricted areas enumerated in Section 4.a of this ordinance;

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c) Obstructing or refusing to allow the entry of any member of the Anti-Smoking Task Force or its duly deputized enforcers into places mentioned in Section 4.a of this Ordinance;

d) Failing to comply with the mandatory duties and obligations as enumerated in Section 5 as well as any other provision of this Ordinance;

e) Selling of any tobacco product or electronic device system, shisha and the like to minors or buying cigarettes or any tobacco product or electronic device;

f) Advertising tobacco in cinema houses where persons of minor age are permitted admission;

g) Engaging minors in the promotion or advertisement of any tobacco product and on errand to buy any tobacco product;

h) Selling and smoking of cigarette and other tobacco products inside or within 10 meters from the perimeter of the school campus are absolutely prohibited.

Section 5. Mandatory Duties and Obligations.-

a) Smoking is strictly prohibited anywhere in the city except in the privacy of one's home or in designated smoking areas.

b) Heads of all private and public institutions and offices, owners or proprietors of public conveyances, accommodation and entertainment establishments shall be responsible in notifying the employees and patrons about the provisions of the comprehensive ordinance on anti-smoking;

c) Owner, operator, manager, or any other person in control of a public place or place of employment shall clearly and conspicuously post "NO SMOKING" signs or the international "No Smoking" symbol in every public place and place of employment.

The "NO SMOKING" sign shall be at least 8 x 18 inches in size and the International "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall occupy no less than 50% of said signage. The remaining lower 50% of the signage shall show the following warning prominently:

NO SMOKING Ordinance No.

Maximum Penalty of P 5,000 Report Violations to

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• • d) The owner, operator, manager, or other person(s) in control of a public

place or place of employment shall conspicuously post at every entrance thereto a sign "Smoking is Strictly Prohibited in this Establishment".

e) The employer shall communicate this Ordinance to all prospective employees upon their application for employment or during orientation of new employees.

f) The owner, operator, manager, or other person(s) in control shall remove all ashtrays from any area where smoking is prohibited by this Ordinance.

g) Owners, operators of Public Conveyances, government-owned and company-owned vehicles used to transport employees and guests are mandated to prominently display "NO SMOKING" signs as follows:

1) For jeepneys, the "NO SMOKING" sign of at least 5 square inch shall be placed at the back of the driver's seat facing the passengers and another sign of at least 3 inches x 10 inches shall be placed at the back of the driver's seat or any appropriate place inside the vehicle where it will be prominently displayed for the passengers;

2) For taxis, vans or other similar vehicles, the "NO SMOKING" sign of at least 5 square inch shall be placed on the above compartment at the front right side of the taxi windshield and another sign of at least 3 inches by 10 inches shall be placed at the back of the driver's seat;

3) For buses, the "NO SMOKING" sign of at least 5 square inch shall be placed at the back of the windshield, and another sign of at least 3 inches by 10 inches shall be placed at the back of the driver's seat facing the passengers or a similarly prominent area of the bus;

4) For other type of vehicles, the "NO SMOKING" sign of at least 5 square inch shall be placed at the back of the windshield, and another sign of at least 3 inches by 10 inches shall be placed at a prominent location facing the passengers or a similarly prominent area of the vehicles.

Section 6. Person(s) Liable.- The following persons/individuals are liable under this Ordinance:

a) Any person smoking any tobacco product or using Electronic Device Systems, Shisha or the like within any of the prohibited places, except in duly approved designated smoking areas;

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b) Heads of all private or public institutions, establishments, offices who allow, abet or tolerate and/or fail to report violators of this Ordinance to any member of the Anti-Smoking Task Force or its duly deputized enforcers, or any law enforcers or to the nearest police station immediately after the commission of the violation or who otherwise fail to fulfill the mandatory duties and obligations as defined in this ordinance;

c) The Operator, driver, conductor or inspector of Public Conveyances, government-owned or company-owned vehicles, who knowingly allows, abets or tolerates and/or fails to warn, advise or report violators of this Ordinance to any member of the Anti-Smoking Task Force or its duly deputized enforcers, or any law enforcer or nearest police station immediately after the commission of the violation or, who otherwise fails to fulfill the mandatory duties and obligations as defined in this Ordinance.

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• • Section 7. Composition of the Anti-Smoking Task Force.- Tht Anti-Smoking Task

Force is hereby created for the advocacy, implementation, monitoring and enforcement of this Ordinance. It shall be composed of the following:

Honorary Chairperson : City Mayor Chairperson : City Administrator Vice-Chairperson : City Legal Officer Members : City Health Officer

City Engineer's Office City Treasurer's Office City Business Permits & Licenses Office City Tourism Office City Information Office City Social Welfare & Development Office City Environment and Natural Resources Office Office of the City Building Official GSC Police Office Representative from the Private Sector to be designated by the City Mayor

Department of Education Superintendent ABC President/Chairperson President of the Association of Colleges and Universities

Section 8. Functions and Responsibilities of the Anti-Smoking Task Force.- For purposes of this Ordinance, the Anti-Smoking Task Force is responsible to:

a) Craft or formulate an IRR for the implementation of this ordinance;

b) Inspect and monitor compliance of all places covered by this Ordinance;

c) Certify as to the appropriateness of the designated smoking areas;

d) Recommend closure of non-compliant establishments taking into consideration the provisions of existing laws and the purpose of smoking regulations which is to protect non-smokers from the pernicious effects of exposure to tobacco smoke.

e) Recommend Anti-Smoking advocacy measures

f) Recommend amendments or revisions of any provision of this ordinance

g) Cause the preparation of Anti-Smoking stickers and signages and other Anti-Smoking materials.

The Anti-Smoking signages and stickers shall be purchased from the City Treasurer's Office by public utility vehicle operators and drivers and by proprietors of business establishments.

Sixty (60) days after the effectivity of this Ordinance, the Anti-Smoking Task Force in coordination with the Permits & Licenses Division of the City Mayor's Office and the City Tourism Office shall conduct an ocular inspection of all establishments in General Santos City to determine compliance with the requirements of this Ordinance.

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The Anti-Smoking Task Force shall task the Traffic Management Committee (TRAMCO) to inspect the presence of "No Smoking" signs in all public utility vehicles and strictly monitor its compliance.

The Land Transportation Office (LTO) is hereby requested to require all Public Utility Vehicle (PUV) operators and drivers to post "No Smoking" sign in their vehicles to form part of the requirement in the registration of vehicles.

Section 9. Barangay Anti-Smoking Task Force.- All barangays are hereby required to organize their own anti-smoking task force to coordinate with the City Anti-Smoking Task Force (the implementing guidelines shall be discussed between the Anti-Smoking Task Force and the Association of Barangay Captains)

Section 10. Schools, Colleges and Universities Anti-Smoking Task Force.- Schools, colleges and universities are hereby mandated to organize their own Anti-Smoking Task Force for the strict compliance of this ordinance.

Section 11. Information Drive.- Consistent with the provisions of this Ordinance, the City Health Office (CHO), in cooperation with the Department of Education (DepEd) and Commission on Higher Education (CHED) and with the assistance of the City Public Information Office (CPIO), shall undertake a continuing information program on the harmful effects of smoking in all private and public schools, colleges and universities and other government and private offices and establishments and the general public.

All private and public high schools, colleges and universities shall integrate into their existing manual or handbooks the prohibition of smoking.

All cinema houses shall be required to show on screen before every film showing the ill-effects of smoking, the film shall be provided for by the City Health Office.

Section 12. Penalties.- The following penalties shall be imposed on violators of this Ordinance:

A. For Smokers:

First Offense A fine of P1,000.00 or one month imprisonment or both at the discretion of the court

Second Offense A fine of P2,000.00 or two months imprisonment or both at the discretion of the court

Third and Subsequent Offenses A fine of P3,000.00 or three months imprisonment or

both at the discretion of the court

B. For business entity or establishments:

First Offense A fine of P2,000.00

Second Offense A fine of P3,000.00

Third and subsequent offenses A fine of P5,000.00 and Cancellation of Business Permit

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In case of minors, the local social welfare and development officer shall meet with the child and his/her parents or guardians for proper cessation counseling, and the development of the appropriate intervention and rehabilitation program, in coordination with the Barangay Council for the Protection of Children and the City Health Office.

Section 13. Citation Tickets.- A citation ticket shall be issued to violators of the provisions of this Ordinance. The citation ticket shall state, among others, the name and address of the violator, the specific violation committed and the corresponding administrative penalty.

The Philippine National Police and such other appropriate enforcers as commissioned by the City Mayor through the Anti-Smoking Task Force shall have the power to apprehend violators of this Ordinance and issue citation tickets.

The City Mayor through the Anti-Smoking Task Force may deputize barangay officials or representatives of the private sector, non-government organizations and government organizations, schools organizations in the strict implementation of this Ordinance, as the need arises.

All commissioned/deputized enforcers of this ordinance and such other city ordinances with penal provisions shall undergo training/orientation on the implementation of this ordinance and the proper administration of citation tickets.

Section 14. No Contest Provision.- Person liable mentioned in Section 6(a) of this Ordinance who is apprehended or cited for violation and who does not wish to contest the violation and is willing to pay voluntarily the administrative penalty imposed upon him/her prior to the filing of formal charges with the proper court shall be allowed to pay a penalty in the amount of One Thousand (P1,000.00) Pesos with the City Treasurer's Office to avoid being criminally prosecuted within three (3) days from the apprehension. Otherwise, the case shall be prosecuted in court. The no contest provision can only be availed once. All proceeds from payment of the herein penalty imposed shall be accrued to the General Funds.

A smoking cessation counseling in City Health Office (CHO) accredited clinics is required after the penalty has been paid.

Section 15. Implementing Rules and Regulations.- The Anti-Smoking Task Force shall promulgate such rules and regulations, with the approval of the City Mayor, as are necessary to ensure the effective implementation of this Ordinance thirty (30) days after the approval of this Ordinance.

Section 16. Funding.- Such funds as may be necessary for the implementation of this Ordinance shall be appropriated by the city either in the city's annual budget or any of its supplemental budgets for this year and for the succeeding years.

Section 17. Repealing Clause.- All Ordinances, rules and regulations, or part/parts thereof, in conflict with, or inconsistent with any of the provisions of this Ordinance are hereby repealed or modified accordingly.

Section 18. Applicability Clause. — The provision of RA 8749 Clean Air Act and RA 9211 or An Act Regulating the Packaging, Use, Sale, Distribution and Advertisements of tobacco products and for other purposes and Joint Memorandum Circular No. 17, series of 2009 the Department of Health (DOH) and Civil Service Commission (CSC) in so far as applicable, shall be considered suppletory to this ordinance.

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• • Section 19. Separability Clause.- If, for any reason or reasons, any parts or

provisions of this Ordinance shall be declared unconstitutional or invalid, other parts or provisions thereof not affected thereby shall continue to be in full force and effect.

Section 20. Effectivity Clause.- This Ordinance shall take effect ninety (90) days after its publication in any newspaper of general circulation.

Enacted by the 17 th Sangguniang Panlungsod, City of General Santos, on its 89 th Regular Session held on May 12, 2015.

CERTIFIED CORRECT:

ATTY. ROSENDO A. ROQUE Secretary to the Sanggunian

ATTESTED BY:

SHIRLYN OGRALES City Vice M. or and Presiding Officer

JUN 0 2 2015

Approved by His Honor, the City Mayor on , 2015.

t RONNEL C. RIVERA

City Mayor 4,

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