Office of The Sangguniang Panlalawigan: Republic of The Philippines Province of Aklan Kalibo, Aklan
Office of The Sangguniang Panlalawigan: Republic of The Philippines Province of Aklan Kalibo, Aklan
Office of The Sangguniang Panlalawigan: Republic of The Philippines Province of Aklan Kalibo, Aklan
PROVINCE OF AKLAN
KALIBO, AKLAN
PRESENT:
HONORABLE GABRIELLE V. CALIZO-QUIMPO – Vice Governor, Presiding Officer
HONORABLE JOSE ENRIQUE M. MIRAFLORES – SP Member-Western District
HONORABLE SELWYN C. IBARRETA – SP Member-Western District
HONORABLE PHOEBE CLARICE L. CABAGNOT – SP Member-Western District
HONORABLE GERICK M. TEMPLONUEVO – SP Member-Western District
HONORABLE VICTOR MANUEL M. GARCIA – SP Member-Western District
HONORABLE NEMESIO P. NERON – SP Member-Eastern District
HONORABLE RAYMAR A. REBALDO – SP Member-Eastern District
HONORABLE RODSON F. MAYOR – SP Member-Eastern District
HONORABLE JONNA I. MORALES-TORRES – SP Member, PCL President
HONORABLE BOB AUGUSTO F. LEGASPI – SP Member, SK President
HONORABLE EDINA T. GELITO – SP Member, ABC President
ABSENT:
ALSO PRESENT:
NONE
WHEREAS, the Tobacco Regulation Act of 2003 (“RA 9211”) recognizes the
need for a balanced policy in the regulation and use of tobacco products that takes
into account the need for both a healthful environment and the protection of citizens
from the hazards of tobacco smoke, and at the same to ensure that the interests of
tobacco farmers, growers, workers and other stakeholders are not adversely
compromised;
WHEREAS, Title VI, Rule II, Section 2 of the Implementing Rules of RA 9211
empowers City and Municipal Mayors, building officials, and members of the
Philippine National Police to take the necessary steps to ensure full compliance with
the provisions of the law;
WHEREAS, in order to fully protect the health and welfare of citizens in the
Province of Aklan and at the same time safeguard the interests of other
stakeholders, there is a need to pass a local ordinance regulating smoking in public
places and conveyances, advertising, promotion, sponsorships activities, in harmony
with the basic policies and regulations laid down under RA 9211;
WHEREAS, per scientific findings, the chances of dying from lung cancer and
heart attack are greater and imminent than those who do not smoke on a regular
basis;
WHEREAS, there are reports to the effect that numberless persons die each
year due to pulmonary emphyzema, cardiac disease, allied lung problems and in
some cases resulting to drug addiction traced to habitual and unrestricted smoking;
c. Assembly Hall – means any auditorium, stadium, session hall, show rooms
or any other place where people stay or gather either for political, sports, social,
religious, educational, cultural or entertainment functions;
m. Perimeter – when used in this Ordinance in relation to sale of, and outdoor
advertisements for, tobacco products, the term shall refer to any point in the
boundaries as indicated in the Original Certificate of Title or Transfer Certificate of
Title of the tract of land that is actually used or occupied by a public school, public
playground or other facility frequented particularly by persons below eighteen (18)
years of age, whether or not said tract of land is separated by adjacent tracts by a
wall or fence;
Page 5 of 15 Pages
Gen. Ord. No. 2011-001
Sangguniang Panlalawigan
Kalibo, Aklan
January 19, 2011
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Page 6 of 15 Pages
Gen. Ord. No. 2011-001
Sangguniang Panlalawigan
Kalibo, Aklan
January 19, 2011
-------------------
x. Tobacco product – refers to any product that consists of loose tobacco that
contains nicotine and is intended for use in cigarette, including any product
containing tobacco and intended for smoking or oral or nasal use, unless stated
otherwise, the requirements of this Act pertaining to cigarettes shall also apply to
other tobacco products.
Page 7 of 15 Pages
Gen. Ord. No. 2011-001
Sangguniang Panlalawigan
Kalibo, Aklan
January 19, 2011
-------------------
SECTION 3. Smoking ban in public conveyances: exception. – The absolute
ban on smoking in public conveyances mentioned in the preceding section does not
apply in inter-island vessels, where smoking areas have been designated: Provided,
said designated smoking areas conform to the specifications set forth under this
Ordinance.
Page 8 of 15 Pages
Gen. Ord. No. 2011-001
Sangguniang Panlalawigan
Kalibo, Aklan
January 19, 2011
-------------------
SECTION 6. Signage for designated smoking and non-smoking areas –
All designated smoking areas shall have at least one (1) legible and visible sign
posted saying ‘SMOKING AREA,” in English or Filipino for the information and
guidance of all concerned. The sign shall be placed conspicuously at the entrance
to the designated smoking area and shall be in accordance with the specifications
set forth, as follows:
Page 9 of 15 Pages
Gen. Ord. No. 2011-001
Sangguniang Panlalawigan
Kalibo, Aklan
January 19, 2011
-------------------
All outdoor or mass media advertising allowed under this Section must also
contain either in English or Filipino the following health warning: “GOVERNMENT
WARNING: Cigarette Smoking is Dangerous to your Health.” For outdoor
advertising, the warning frame shall be centered across the bottom of the
advertisement and occupy a total area of not less than fifteen percent (15%) of such
advertisement including any border or frame. The health warning shall occupy a
total area of not less than fifty percent (50%) of the total warning frame. The text of
the health warning shall be clearly visible and legible, printed in a prominent color as
appropriate and shall appear in contrast by color, typography or layout with all other
printed materials in the advertisement. The warning shall not be hidden or obscured
by other printed information or images in the advertisement; Provided that such
outdoor or mass media advertisement, only the fonts Helvetica or Arial may be used
for the health warning required under this Section: Provided finally, that such
outdoor or mass media advertisement shall not, either individually or when placed in
deliberate combination with other outdoor tobacco advertising, exceed seventy (70)
meters in total size.
Page 10 of 15 Pages
Gen. Ord. No. 2011-001
Sangguniang Panlalawigan
Kalibo, Aklan
January 19, 2011
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Page 11 of 15 Pages
Gen. Ord. No. 2011-001
Sangguniang Panlalawigan
Kalibo, Aklan
January 19, 2011
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Page 12 of 15 Pages
Gen. Ord. No. 2011-001
Sangguniang Panlalawigan
Kalibo, Aklan
January 19, 2011
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Page 13 of 15 Pages
Gen. Ord. No. 2011-001
Sangguniang Panlalawigan
Kalibo, Aklan
January 19, 2011
-------------------
SECTION 14. Punishable Acts – The following acts are punishable under the
Act:
a. Smoking in designated public places where smoking is prohibited;
d. Sale of tobacco products within one hundred (100) meters a school, public
playground or other facility frequented particularly by minors;
Page 14 of 15 Pages
Gen. Ord. No. 2011-001
Sangguniang Panlalawigan
Kalibo, Aklan
January 19, 2011
-------------------
On the first offense, a fine of not less than Five Hundred Pesos (P500.00) but
not more than Two Thousand Five Hundred Pesos (P2,500.00) shall be imposed.
On the second offense, a fine of not less than One Thousand Pesos
(P1,000.00) but not more than Five Thousand Pesos (P5,000.00) shall be imposed.
On the third offense, in addition to a fine of not less than Two Thousand Five
Hundred Pesos (P2,500.00) but not more than Five Thousand (P5,000.00), the
business permits and licenses to operate shall be cancelled or revoked for business
establishments violating this ordinance and community service of not more than ten
(10) days for individual violators.
Page 15 of 15 Pages
Gen. Ord. No. 2011-001
Sangguniang Panlalawigan
Kalibo, Aklan
January 19, 2011
-------------------
SECTION 20. All cases filed for violations as provided for in the Tobacco
Regulation Act shall have the fines imposed and collected accruing to the national
government while violations of the provisions of this ordinance shall have the fines
imposed and collected to be shared in such a way that 60% goes to the
apprehending government unit/agency and the remaining 40% accruing to the Local
Government Unit concerned to be deposited in trust to be appropriated for programs,
projects and activities related to the enforcement of this smoking ordinance.
SECTION 21. Effectivity - This Ordinance shall take effect fifteen (15) days
from its publication in at least two (2) newspapers of general or local circulation
within this Province/City/Municipality, consistent with the provisions of the Local
Government Code.
ENACTED, JANUARY 19, 2011.
I HEREBY CERTIFY to the correctness of the foregoing ordinance.
ODON S. BANDIOLA
Secretary to the Sanggunian
ATTESTED:
GABRIELLE V. CALIZO-QUIMPO
Vice Governor/Presiding Officer
APPROVED:
CARLITO S. MARQUEZ
Provincial Governor