Republic of the Philippines

City of lloilo

OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPT FROM THE MINUTES OF THE 17TH REGULAR SESSION OF THE SANGGUNIANG
PANLUNGSOD OF THE CITV OF ILOILO, PHILIPPINES, HELD AT THE SESSION HALL, NEW CITY
HALL BUILDING, PLAZA LIB~RTAD, 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. AUM, Floor Leader

Member

HON. LADY JULIE G~ACE l. BARONDA

Member

HON. R LEONE N. GEROCHI

Member

HON. JASON R. GONZALES

Member

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

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Ex Officio Member

HON. PLARIDEL C. NAVA II, 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 111

HON. NIELEX C. TU PAS

Member
Member

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,,~/ABSENT:

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None.
REGULATION ORDINANCE NO. 2014-259
AN ORDINANCE REQUIRING A LICEN~E TO SELL OR DISPENSE CIGARETIE/
TOBACCO PRODUCTS IN THE CITY O~ILOILO

Sponsored by Councilor Lady Julie Grace l. Baronda &

unanimously co-sponsored by Councilors liezl Joy Zulueta-Salazar,
Nielex C. Tupas, Jose Efrain G. Trenas Ill, Plaridel C. Nava II, Jason
R. Gonzales, Joshua C. Alim, Lyndon V. Acap, Radel F. Agado,
Eduardo L. Penaredondo, Carlos P. Guarin, Armand S. Parcon and
R Leone N. Gerochi
WHEREAS, it is the policy of the City of lloilo to protect the health of its citizens from the
hazards of smoking and second-hand smoke and instil health consciousness;
WHEREAS, upon the passage of Republic Act 9211 otherwise known as the "Tobacco
Regulation Act of 2003" there is a need to review, revise and consolidate all Anti-Smoking
Ordinances of the City of 1loilo.
WHEREAS, The Republic of the Philippines, being a signatory of the Framework
Convention on Tobacco Control (FCTC) is determined to give priority to the right to protect

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Reg. Ord. No. 2014-259, May 20, 2014

Page 2

public health and to prombte measures of tobacco control based on current and relevant
scientific, technical and economic considerations and agreed to implement the measures
provided in the treaty.
WHEREAS, DILG Memorandum Circular No. 2004-85 enjoins all local chief executives
and local officers to cause the immediate enactment of ordinances to regulate smoking in
public places in accordante with the provision of R.A 9211 and its Implementing Rules and
Regulations;
WHEREAS, The Phi:lippine Clean Air Act of 1999 (Republic Act No. 8749) declares the
right of every citizen to breathe clean air, prohibits smoking inside enclosed public places
including public vehicles arid other means of transportation, and direct local government units
to implement its provisions.
WHEREAS, pursuant to the exercise of its police power Section 16 and 17 of the Local
government Code of 1991, it is the duty of the City of lloilo to adopt ordinances as shall be
necessary to fully provide for and protect the health, safety, comfort, convenience and general
welfare of the community.and its inhabitants;
WHEREAS, to fully protect the public health and welfare there is a need to pass a new
comprehensive local ordinance which will regulate smoking in public places and conveyances
and the selling of tobacco products in accordance with existing laws;
Be it ordained by the Sangguniang Panlungsod of lloilo City, THAT:
SECTION 1.
TITLE. -This Ordinance shall be known as, "AN ORDINANCE REQUIRING A
LICENSE TO SELL OR DISPENSE CIGARETTE/ TOBACCO PRODUCTS IN THE CITY OF ILOILO"
SECTION 2. DECLARATION OF POLICY

It is hereby declared the policy of the City of lloilo to protect its inhabitants as well as
those who sojourn in its territorial jurisdiction from the inimical effects of smoking and secondhand smoke and to promote the right to health and instil health consciousness among its
constituents, as such:
a
a
a

b
b

To regulate the selling and dispensing of cigarette/tobacco products;

To regulate establishments and operations of the cigarette/tobacco product
businesses in lloilo City;
To compel each business establishment, which sells or dispenses cigarette/tobacco
products, to comply with requirements of law, ordinances and directive regulating
business operation;
To monitor each business establishment in compliance with other Anti Smoking
Ordinances in lloilo City.
To ensure that these licensees have undergone the necessary orientation with lloilo
City Anti-Smoking Task Force (ICAST) for the related ordinances in the City

SECTION 3. COVERAGE

This ordinance on license to sell shall be made applicable to all persons, whether natural
or juridical, residing within or without the City of lloilo, and in all places shall be enforceable

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Reg. Ord. No. 2014-259, May 201 2014

Page 3

within the territorial jurisdiction of lloilo City engaged in the sale and/or in dispensing of
cigarettes/tobacco products.
No license to sell arid dispense shall be issued in cases of events such as: sports events,
concerts, sponsored events, promotional events and the like.
SECTION 4. DEFINITION OF TERMS
a. "Cigarette"- refers to any roll or tabular construction which contains tobacco or its
'
derivates and interided
to be burned or heated under ordinary conditions or use; the
term likewise includes shisha and its juices;

b. "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;
c. "License"- is a privilege granted in accordance with law by a competent authority to

engage in some business or occupation or to engage in some transaction.

d. "Persons"- refer to a natural, or judicial person such as partnership, corporation or

any other business or legal entity, i.e. sari-sari store, business establishments and their
branches, takatak boys, street vendors, malls and those falling within the same
classification;
e. "Persons- in-charge" - refers to an individual or entity particularly but not limited to
those mentioned or enumerated under Section 16 of this Ordinance.

f. "Schools"- refers to area enclosed by fences and within the compound, and within
one hundred (100) meters from any point of the perimeter of areas of centers of youth
activities such as playschools, elementary schools, high schools, colleges and
universities;
g. "Selling" - to provide, supply, or extend to person/s cigarette/tobacco products in

exchange of money or any consideration, regardless whether it is on retail or wholesale;

h. "Shisha" - also known or referred to as waterpipe, Sheesha, Hookah, Nargeela,
Argeel, Nargile or any other name that refers to a device, instrument or any parts
thereof, including its juice, 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. "Start-up Capital" - refers to the money that is required to start a new business,

whether for office space, permits, licenses, inventory, product development and
manufacturing, marketing or any other expense;
j. Spot-inspection" - refers to an inspection or investigation that is carried out at
random or limited to a few instances;
k. "Tobacco"- refer to the agricultural components derived from the tobacco plant,

which are processed for the use in manufacturing of cigarettes and other tobacco
products;

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Reg. Ord. No. 2014-259, May 20, 2014

Page4

I. "Tobacco Products"- refers to any product that consist of loose tobacco that contains
nicotine and intended for the use of a cigarette, including any product containing
tobacco and intendEjd for smoking or oral or nasal use;
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 limited
coffee, softdrinks, liquor, juice, bread, junk foods, cigarettes and
other tobacco products;

tb,

SECTION 5. - REQUIREMENTS FOR THE ISSUANCE OF THE LICENSE TO SELL/DISPENSE

CIGARETTES/TOBACCO PRODUCTS

(a) Prior the issuance of the license to sell/dispense cigarettes/tobacco products, the
following requirements shall be complied with:
1. Barangay Clearance
2. Business Permit/Mayor's Permit
3. Income Tax Return(ITR)
4. Certificate of Clearance from lloilo City Anti-Smoking Taskforce
5. Payment of license fee shall be based on their start-up capital:
Less than P10,000 -------------------------------- P 200
P 10,000 but not more than P 25,000 -------- P 500
P 25,000 but not more than P 50,000 ---------P 800
P 50,000 but not more than P 75,000 ---------Pl,000
P 75,000 but not more than P100,000--------P1,500
Pl00,000 and above ------------------------------ P2,000
In cases where the start-up capital is less than ten thousand (Pl0,000) pesos, there is no
need to comply with items 2 and 3 in applying for a license to sell.
The amount generated from the aforementioned license fee shall be dedicated to law
enforcement program of the lloilo City's advocacy against smoking, including the cost of the
poster that shall be provided by the Permit and Licensing Division.
(b) The establishment owner/manager or any of their authorized representative(s) is
required to undergo orientation from the ICAST on the existing Anti-Smoking
Ordinances of lloilo City.
(c) No License shall be issued to any person, establishment, store, firm or corporation
whose place/ location is within One Hundred (100) meters from any school, (i.e.
elementary school, high school, colleges and universities).
SECTION 6. - PROCEDURES IN ACQUIRING THE LICENSE TO SELL/DISPENSE
CIGARETTES/TOBACCO PRODUCTS

1. Applicant must secure and fill-up application form from Business Permit and
Licensing Division
2. Secure clearance from lloilo City Anti-Smoking Taskforce (ICAST) following the
attendance to the orientation on other anti-smoking ordinances.
3. Payment of corresponding fee (as stated in Section 5} at the City Treasurer's
Office.

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Reg. Ord. No. 2014-259, May 20 1 2014

4. Attach all t~e requirements to the application form {i.e. Barangay Clearance,
Business permit/Mayor's Permit, ICAST clearance, and Official Receipt)
5. Submit all the requirements to the Business Permit and Licensing Division
6. Business Perrmit and Licensing Division will issue the License to sell cigarette with
the corresponding permit number and expiration date.
SECTION 7. - DURATION OF LICENSE TO SELL
The license to sell shall be valid within one (1) year from the date of issuance of the
same and shall be renewable within one (1) year from approval of the registration.
No License to Sell or Dispense shall be issued to any person, establishment, or store
whose place/location is within One Hundred {100) meters away from any school {i.e. Day Care
Centers, Elementary School, High School, Colleges and Universities).
SECTION 8. - LICENSE TO SELL CIGARETTES/TOBACCO PRODUCTS IS NONTRANSFERRABLE
License to sell cigarettes/tobacco products shall be exclusive upon issuance and
prohibits transferability from one person or establishment to another.
SECTION 9. - FEES AND PENALTIES FOR VIOLATION
The fees and penalties imposed by this ordinance are essentially for the purpose of
regulation. A person or establishment who pays the annual charges and fees covered by this
ordinance is not exempted from other payments, such as but not limited to business permit
fees and taxes.
SECTION 10. - PROHIBITED ACTS
The following are the prohibited acts sanctioned by this ordinance:
a. It shall be prohibited for any individual to sell or dispense cigarette/tobacco products
without license within the territorial jurisdiction of lloilo City;
b. Business

establishments

are

prohibited

to

sell

in

wholesale

or

in

retail

cigarette/tobacco products without a license within the territorial jurisdiction of lloilo

City;
c.

Selling or dispensing of cigarette/tobacco products through vending machines

without a license is prohibited;

d. It is prohibited for any persons-in-charge to knowingly allow, abet or tolerate the

prohibited acts enumerated in sub-sections a, b, and c.
SECTION 11. - PRESCRIBE SIGNAGES

The Permit and Licensing Division of the lloilo City Government shall provide a Poster,
indicating that the establishment has been issued a license to sell / dispense with cigarette/
tobacco products with corresponding license number and expiry date. The said Poster shall be
displayed visible to customers and it shall be made available during inspection of the inspection
team.

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Reg. Ord. No. 2014-259, May 20, 2014

SECTION 12. - PENALTIES

1.

INDIVIDUAL PENAL TIES

Any individual or person who shall violate this ordinance shall be penalized as
follows:
On the first offense

a fine of Php 500.00

On the second offense

a fine of Php 1,000.00 and/or 3 days

imprisonment

depending

on

the

discretion of the court

On the third offense

a fine of Php5,000.0 and/or 6 days

imprisonment depending on the
discretion of the court

2.

ADMINISTRATIVE PENAL TIES

(a) Any establishment or business entity that shall violate this ordinance shall be
penalized as follows:
On the first offense

A fine of Php 1,500.00

On the second offense

A fine of Php 3,000.00 and suspension

of business permit and license to
operate for one (1) week

On the third offense

A fine of Php 5,000.00 and cancellation

of business permit

Subsequent offense

Revocation of business permit and

license

(b) Persons-in-charge found to have violated Section 10 (d) of this

subjected to administrative sanction.

ordinance shall be

Due process shall be observed in the imposition of fines and suspension/revocation of

business permit and license. The procedure for suspension/ cancellation of business permits as
provided for in the prevailing tax ordinance shall apply.

SECTION 13. - LIFTING OF THE SUSPENSION/CLOSURE ORDER

Such order shall be lifted only after the erring establishment has complied with the
following requirements:

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Reg. Ord. No. 2014-259, May 2012014

Page 7

a. Submission of a Written request to the City Mayor's Office thru ICAST for the reinspection of their ~stablishments;
b. Payment of re-inspection fee of Php 200.00 at the City Treasurers Office;
c. Full compliance with the Ordinance upon re-inspection;
d. Secure from the ICAST an endorsement to lift the suspension/closure order to be
forwarded to the City Mayor's Office for approval.
SECTION 14. - INSPECTION TEAM

The inspection team shall be composed of but not limited to: a) lloilo City Anti-Smoking
Taskforce (ICAST); b) representatives from City Health Office; c) Taskforce on Moral and Values
Formation; and d) other offices or representatives the City Mayor may appoint which is deemed
necessary to inspect establishment on its compliance to this ordinance, upon the issuance of an
Executive Order.
The ICAST are tasked to conduct a spot-inspection to ensure that the establishment has
complied with this ordinance.
SECTION 15. - IMPLEMENTING AGENCIES
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.
shall release the license to sell
cigarette/tobacco products and order suspension or revocation of permits and licenses of
establishments found to have violated this ordinance, subject to the provision of Section 11
hereof and to deny renewal of permits.
The Business Permit and Licensing Division -

The Philippine National Police City Director - shall order all station and sub-station

commanders to implement and apprehend violator of this ordinance and to issue notice of
violation and to submit monthly report of apprehension.
Barangay Officials- Shall inspect and report any violation of this ordinance within their
respective territorial jurisdiction,
lloilo City Anti-Smoking Task Force (ICAST) - they are mandated through an Executive
Order to visit/ inspect establishments with or without license to sell cigarette / tobacco
products, to serve notice of violation, to report violation hereto and forward to the City Legal
Office for proper legal proceedings.
SECTION 16. - REPEALING CLAUSE. All other existing ordinances, which are inconsistent

with this Ordinance, are repealed or modified accordingly.

If, for any reason or reasons, any part or
provision of this Ordinance be declared unconstitutional or invalid, the other parts or
provisions thereof not affected shall continue to be in full force and effect.
SECTION 17. -

SEPARABILITY CLAUSE.

SECTION 18. EFFECTIVITV. This Ordinance shall take effect fifteen (15) days after its

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Reg. Ord. No. 2014-259, May 2Q. 2014

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approval and publication in a newspaper of general circulation in the City of lloilo consistent
with the provision of the Local Government Code of 1991.
ENACTED, May 20, 2014.

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

UTH H. ARROY

ary to the
ATTESTED AND CERTIF
TO BE DULY ENACTED:

/nots

APPROVED:

Sanggunian~