Unclear provisions in anti-smoking ordinance may cause confusion
Two days left before the full-blast implementation of the city's Anti-Smoking Ordinance on June 28, 2006 but concerned sectors have noted several gray areas in the ordinance which could cause confusion once it is implemented.
One concern is on the so-called agents tasked to apprehend violators of the ordinance.
It was learned that members of the Bantay Bayan were deputized by the Iloilo City Anti-Smoking Task Force (ICAST) to enforce the anti-smoking ordinance.
A City Hall official who spoke on condition of anonymity told The News Today that the use of the group Bantay Bayan as deputized agents was not mentioned in the ordinance's Implementing Rules and Regulations (IRR).
Item no. 1 of the IRR specifically states that "the members of the ICAST who were tasked to apprehend violators of Regulation Ordinance No. 2002-225 as amended shall be fully deputized and shall hereafter be referred to as ICAST Deputized Agents (IDA)."
The ICAST as provided in section 7 of the ordinance should have been composed of representatives coming from the business sector, academe, students, religious organizations, non-government organizations and a representative from the city government.
To note, City Councilor Julienne Baronda chairs the ICAST but the other members of the task force are unknown.
Basing on the said provisions of the ordinance the official questioned the validity of using Bantay Bayan as deputized agents.
The Bantay Bayan headed by Nedina Diamante reportedly would form several groups composed of 15 members to enforce the ordinance.
Another source observed that the so-called public places mentioned in the ordinance as non-smoking areas are not specific and vague thus prone to arguments.
The source particularly cited the inclusion of representatives from night clubs and beer houses in the meetings of the ICAST.
The source said night clubs and beer houses are actually not specifically mentioned in the ordinance.
Section 1 of Regulation Ordinance No. 2002-225 states "Smoking is hereby banned in all establishments, such as malls, restaurants, movie houses, disco houses, hospital lobbies including restrooms and lavatories, school rooms and buildings, gasoline stations, all government offices or buildings and private offices offering services to the general public."
The source said night clubs and beer houses could not even be included in the phrase "private offices offering services to the general public" as said establishments do not offer services to the general public.
"Not all people enter the night clubs and beerhouses," the source said.
The source noted that the ordinance does not also carry provisions as regards violators who are below 18 years old or minors.
Meanwhile, the same City Hall official said that everything in the ordinance must be clarified in order to avoid confusion and abuses from the enforcers.
Aside from public places, Regulation Ordinance 2002-225 as amended also prohibits smoking in public conveyances or means of transportation such as buses, passenger jeepneys, taxicabs, tricycles and trisikads, while operating within the jurisdiction of the City of Iloilo.
Violators shall pay P500.00 or imprisonment of not more than two days or both upon the discretion of the court. Drivers of public utility vehicles, on the other hand, will be fined P500.00 and their drivers license confiscated.
Likewise, the administrator, owner, operator or manager of any establishment shall be held liable if a person is caught smoking inside the establishment in an area not designated for smoking. First violation entails a fine of P1,250.00; second violation, P4,000.00; third violation, P5,000.00 with automatic suspension of business permit for one week; fourth violation, P5,000.00 with cancellation of business permit upon recommendation of the task force to the City Mayor.
Based on the IRR, violators caught by the ICAST deputized agents shall be brought to the police stations for proper booking and recording in preparation for the filing of the appropriate complaint in court.
There shall be ICAST Desk Officers in every district police stations who are tasked to submit the records with the ICAST Legal Officer assigned at the City Legal Office. The ICAST Legal Officer will then be responsible for the filing of the case in court.
Payment of fine, if there is any, shall be made with an authorized agent of the City Treasurer's Office at the Municipal Trial Court after the court shall have determined the penalty to be imposed upon the violator.