Smoking ban in Kalibo sans IRR?

BY BOY RYAN B. ZABAL

An anti-smoking ordinance in public areas that imposes as high as P2,500 fine or imprisonment and revocation of business permits as penalty for violators is being implemented in the town of Kalibo. 

The smoking ban covers all forms of tobacco products including e-cigars or electronic cigarettes in public places, both indoor and outdoor.  

Does the smoking ban need to have an Implementing Rules and Regulations (IRR) to provide the guidelines for its implementation?

Sources from the Office of the Mayor said the smoking ban ordinance needs an IRR to give ‘teeth’ into the measure before it will be implemented. 

IRR is adopted to guide executive officials how to implement the ordinance, as well as to guide the public how to comply with the ordinance. IRR must have clear guidelines for fair implementation to prevent subjective apprehension of would-be violators in the town of Kalibo.  

Under Ordinance No. 2016-008, selling of tobacco products within 100 meters from the schools, playgrounds or other facilities frequented by minors, government offices, hospitals and health facilities are prohibited.

Other prohibited acts are smoking and vaping in enclosed or partially enclosed public places, work places and public conveyances, selling, distributing and purchasing of tobacco products and electronic nicotine delivery systems (ENDS) to and from minors.

Smoking and vaping first-time violators will be issued citation tickets and fined P500 and a smoking cessation program, P1,000 for the second offense and P2,500 or imprisonment for more than five days or both at the discretion of the court and suspension or revocation of business permits in the case of  business establishments. 

Violators for selling, advertising and promotion are meted P1,000 fine for first offense, P1,500 for second offense and P2,500 for third and subsequent offenses. 

A Municipal Smoke-free Council chaired by Kalibo mayor William Lachica is also created to enforce and monitor the implementation of the ordinance and to conduct education and information campaigns and capacity-building programs. 

Designated smoking areas or outdoor spaces are allowed provided it is also approved by the Municipal Smoke-free Council. 

After 90 calendar days of ordinance affectivity, an inspection team from the Municipal Health Office, Municipal Engineer’s Office, Business Permits and Licensing Office and other members of the Municipal Smoke-Free Council will also inspect establishments and buildings to determine compliance.

Trained enforcement officers will be deployed also in the barangays to enforce the ordinance, said Sangguniang Bayan member Cynthia Dela Cruz.

The article was originally published by independent online blog Aklan Forum Journal. The unrestricted use in print or radio, publication and distribution of articles are allowed provided the original author and Aklan Forum Journal are credited.