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REPUBLIC OF THE PHILIPPINES

CITY OF ILOILO
OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPT FROM THE MINUTES OF THE 14rn REGULAR SESSION OF THE CITY
COUNCIL 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, APRIL 29, 2014

PRESENT:
HON. JOSE S. ESPINOSA III
Presiding Officer
HON. LYNDONV. ACAP
HON.RODELF.AGADO
HON. JOSHUA C~ ALIM, Floor Leader
HON. LADY JUUE GRACE L. BARONDA
HON. R LEONE N. GEROCHI
HON. JASON R. GONZALES
HON. CARLOS P; GUARIN, Pres.,LigangmgaBarangay
HON. PLARIDEL C. NAVA, II, Asst. Floor Leader
HON. ARMAND S. PARCON
HON. EDUARDO L. PENAREDONDO
HON. LIEZL JOY ZULUETA-SALAZAR
HON. JOSE EFRAIN G. TRENAS III
HON. NIELEX C. TUPAS

Member
Member
Member
Member
Member
Member
Ex-Officio Member
Member
Member
Member
Member
Member
Member

NONE

REGULATION ORDINANCE NO. 2014-217

AN
ORDINANCE
PROHIBITING
TOBACCO
ADVERTISING,
PROMOTIONS AND SPONSORSHIPS WITHIN ILOILO CITY
Sponsored by Councilor Joshua C. Alim and UNANIMOUSLY seconded by all members
present
WHEREAS, the 1987 Constitution of the Republic of the Philippines declared that the State
shall protect and promote the right of health of the people and instill health consciousness among
m;
WHEREAS, it is the policy of the City of Iloilo to protect the health of its citizens from the
hazards of smoking and second hand smoke and instill health consciousness;
WHEREAS, pursuant to this policy, the City of Iloilo has enacted various anti-smoking
ordinances;
WHEREAS, upon the passage of Republic Act 9211 otherwise known as the "Tobacco
Regulation Act of 2003" and the Republic of the Philippines, under the Framework Convention on
Tobacco Control (FCTC)to which she is a party, determined to give priority to the right to protect
public health and to promote measures of tobacco control based on current and relevant scientific,
technical and economic considerations, and agreed to implement the measures provided in the treaty~

''

Page 2. Regulation Ordinance No. 2014-217. April 29. 2014

WHEREAS, Sectfon 39 of RA 9211 explicitly provides that "all ordinances which are
inconsistent with the Totiacco Regulation Act are repealed or amended accordingly" and Title VI,
Rule II, section 2 of its implementing Rules and Regulation provides city and municipal mayors,
building officials and the police with the responsibility of ensuring full compliance with its tenets;
WHEREAS, DILG, pursuant to the exercise of police power, section 16 and 17 of the Local
Government Code of 199l, it is the duty of the City oflloilo to adopt ordinances as shall be necessary
to fully provide for and protect the health, safety, comforts, convenience and general welfare of the
community and its inhabitant;
WHEREAS, it is. well documented that Tobacco Advertising, Promotions, Sponsorship
increase tobacco use and that comprehensive bans on Tobacco Advertising, Promotions, and
Sponsorships decrease to~acco use. Thus, an effective ban on tobacco advertising, promotions, and
sponsorship should be comprehensive and applicable to all tobacco advertising, promotions and
sponsorship.
Be it ordained by t:Jie Sangguniang Panlungsod oflloilo City, that:
Section 1. - TITLE- Be it ordained that this ordinance shall be known as "An Ordinance
Prohibiting Tobacco Advertising, Promotions, and Sponsorship (TAPS) within Iloilo City"
Section 2. - DECLARATION OF POLICY: It is hereby declared the policy of the City of
Iloilo to protect its inhabitants as well as those who sojourn in its territorial jurisdiction from inimical
effects of smoking and ,second hand smoke to promote the right to health and instill health
consciousness. Thus, proh;ibiting Tobacco Advertising, Promotions, and Sponsorship in Iloilo City.
Section 3. - COVERAGE:
territorial jurisdiction of Iloilo City;

This Ordinance is enforceable and applicable within the

Section 4. - DEFINITION OF TERMS. - As used in this ordinance, the term below shall
have the meanings ascribed to this. Any words or terms shall be given their plan and customary
meanings, unless the context requires otherwise, and shall be interpreted in a manner consistent with
the purposed and spirit of this ordinance.
a) Advertising and promotion means any form of commercial communication,
recommendation or action with the aim, effect of promoting a tobacco use either
directly or indirectly.

b) Outdoor advertisement refers to any sign, model placard, board, billboard, banner,
bunting, light display, devise, structure or representation employed outdoor wholly or
partially to advertise and promote a tobacco product to the public.
c) Person in Charge refers to the president/manager in case of a company, corporation
or association in case of public places, public outdoor spaces and workplaces, the
owner/proprietor/operator in case of single proprietorship, and the administrator in
case of gbvernment property, office or building: the owner, driver, operator,
conductor, or the captain in case of public conveyances.

d) Point of sale refers to any location at which an individual can purchase or otherwise
obtain tobacco products.
e) Tobacco products means products entirely or partly made of the leaf tobacco as raw
material which as manufactured to be used for smoking, sucking, chewing or snuffin~/ ~
such as cigarettes and cigars.
j ... ..---

Page 3, Regulation Ordinance No. 2014-217, April 29, 2014

f) Establishrpent means any closed or open structure used for business and open to the
public, be it beside a mall or not. This includes individual stalls, boutiques and the
like inside 1:1 mall.
Section 5.

Person~

Liable. - The following person shall be liable under this ordinance.

a) Any person or entity who commits any of the prohibited acts stated in Section 6 hereof
b) Person-in-charge who knowingly allow, abet, or tolerate the prohibited acts
enumerated in Section 6.
Section 6. Prohibijted Acts. - The following acts are declared unlawful and prohibited by this
ordinance:
a) Placing cinema and outdoor advertisements of tobacco products;
b) Placing, posting, or distributing advertising materials of tobacco products, such as
leaflets, posters and similar materials, outside the premises of point of sale
establishment;
c) Placing billboards, lighted signs on top of commercial establishments or Sari-sari
Store;
d) Placing of.parasol and umbrella with Tobacco Product logo or Seal in Commercial
Establishments, stores and bars, and other similar establishments;
e) Placing of Poster, leaflet and the like outside and inside the Establishment, Sari-sari
Store and the like;
f) Distribution of any item containing company name or logo such as t-shirts, hats, fans,
tissue holders and the like not directly used in relation with tobacco product;
g) Sponsoring events/allowing or accepting sponsorship of tobacco industry in events or
any activities;
h) Distribution, selling and promotion of Tobacco product on the street or on any
establishment using promo girls, models and the like;
i) Section 17 of RA 9211;
Section 7. Penalties - The following penalties shall be imposed on violators of this
Ordinance:
Establishment/Business Entity

First Offense
Second Offense
Third Offense

p 5,000.00
1 month suspension of Business Permit
Revocation of Business Permit

Individual/Business Establishment with a Capital below P 5,000

irst Offense
econd Offense
Third Offense

P 1,000.00
P 2,000.00
P 5,000.00

Page 4. Regulation Ordinance "![fo. 2014-217. April 29. 2014

or imprisonment for a period

not exceeding 5 days or both at the
discretion of the court
Section 8. Enforcement. - This Ordinance shall be implemented by the Iloilo City Police
Office (ICPO) under the spervision of the Iloilo City Anti-Smoking Task Force (ICAST). The ICPO
Director may designate every Police Precinct Chief to implement this Ordinance in their respective
districts. Failure of the P9lice Precinct Chief to implement and monitor the strict implementation of
this ordinance is subject to administrative sanction.
Section 9. Payment of violation. - Payment of penalties for violation shall be paid directly to
the City Treasurer Office ~CTO) and the corresponding receipt shall be issued accordingly.
Section 10. Responsible agencies.

The Legal O:ffice, - shall assist the apprehending officer in reviewing the report of
violation and file appropriate charges in court upon the recommendation of the Enforcer. The Chief
City Legal Officer may designate one (1) lawyer from the City Legal Office to handle the filing and
prosecution of cases;
The Business and Permit Division - Order suspension or revocation of permits and
licenses of establishments found to have violated this ordinance, subject to the provision of Section 7
hereof and to deny renewal of permits for violators of this ordinance;
The PNP City Director - shall order all precinct commanders to monitor and report any
violation of this ordinance and to issue notice of violation upon the existence of violation in
establishments and business entity.
Punong Baran gay and Baran gay Officials - shall monitor and report any violation of this
ordinance and to issue a notice thereof upon the existence of such violation in establishments and
business entity;
Section 11. Separability Clause. - The prov1s1ons of any ordinance or parts thereof
inconsistent herewith are hereby repealed and/or amended accordingly.
Section 12. Effectivity. - This ordinance shall take effect fifteen (15) days after its
publication in a newspaper of general circulation in the locality.
ENACTED. April 29, 2014.

Page 5. Regulation Ordinance lfo. 2014-217, April 29. 2014

I hereby certify to the correctness of the above quoted ordinance.

IN THE ABSENCE OF
THE SP SECRETARY

APPROVED:

/mtb