Smoke-Free Baguio City Ordinance

To safeguard public health by protecting them from the harmful effects of smoking, vaping and tobacco consumption, the Baguio City Ordinance No. 34, Series of 2017 – much known as Smoke-Free Baguio Ordinance – was approved on May 2017 and was implemented on January 2018.

The Smoke-Free Baguio Ordinance prohibited the use, sale, distribution and advertisement of cigarettes, vapes, and other tobacco products in certain places and imposing penalties for violations.

The Smoke-Free Baguio Ordinance is one of the best and strongest in the Philippines for regulating tobacco products and ENDS and disallowing indoor smoke areas in public places.

The current ordinance amended the previous ordinances regarding anti-smoking in different areas of the city, from theaters or movie houses to public transport, public buildings, restaurants and eateries to all public places. The principal author of the ordinance is Councilor Joel Alangsab.

Legal Bases:
-Section 15 of Article II of the 1987 Philippine Constitution
-World Health Organization Framework Convention on Tobacco Control (FCTC)
-Local Government Code of 1991 (Republic Act 7160)
-Philippine Clean Air Act of 1999 (Republic Act 8749)
-Tobacco Regulation Act of 2003 (Republic Act 9211)
-Civil Service Commission Memorandum (CSC) Circular No. 17 series of 2009
-Land Transportation Franchising and Regulatory Board (LTFRB) Memorandum Circular 2009-036
-Civil Service Commission-Department of Health Joint Memorandum Circular No. 2010-01

Cigarette is the only legal product that kills half of its best consumers. E-cigarette leads to serious health concerns due to the levels of various toxicants and a gateway to youth drug consumption. The gruesome fact is that smoking and vaping affects the health and income of each Filipino family negatively. Eight (8) to ten (10) Filipinos die every hour because of tobacco-related diseases.

Implications of Tobacco Smoking
1. The deadliest artifact in the history of human civilization
2. Cigarette is a defective product
3. Cigarettes are a financial burden
4. Big tobacco is a corrupting force in human civilization
5. Cigarette harms the environment

It is unlawful to smoke or allow smoking except in duly designated smoking area.
Places where smoking is NOT ALLOWED (areas under absolute smoking ban):
•All places, fixed or mobile,
•Accessible or open to the public or places for collective use, regardless of ownership or right to access
•Government facilities
•Establishment that provide drinks, accommodation, merchandise, professional services, entertainment or other services.
•It includes outdoor spaces:
•Facilities are available to the public
•Crowd of people gather
•Sports grounds or centers
•Church grounds
•Health and Hospital Compounds
•Transportation Terminals
•Entrance ways
•Waiting Areas

Designated Smoking Area:
It refers to an outdoor space, duly approved by the City Health Officer, where smoking and/or vaping, may be allowed without violating this ordinance, that meets the following requirements. It shall be located in an open-space outside the building with no permanent or temporary roof or walls in an outdoor area. It is not located in or within ten (10) meter from entrances, exits, or any place where people pass or congregate. It shall not have an area larger than 10 square meters. Food or drinks are not served and no building shall have more than one designated smoking area. Minors or persons below the age of 18 shall not be allowed inside.

Click here to check the primer for Designated Smoking Areas

Expanded list of Prohibited Acts:
•Selling to minors
•Selling within 100 meters from any point in the perimeter of these places school, public playground or other facility frequented by minors, offices of the Dept of Health (DOH) and attached agencies, hospitals and health facilities;
•Selling in the premises of a government facility;
•Selling without a business permit to sell tobacco products or ENDS;
•Selling individual pieces or per stick;
•Selling ambulant or street vendors, including other mobile or temporary stalls, kiosks, stations or units;
•Selling without the proper government-regulated and approved health warning
•Purchasing tobacco products and/or ENDS from minors.
•Ordering, instructing or compelling a minor to use, light up, buy, sell, distribute, deliver, advertise or promote tobacco products and/or ENDS;
•Displaying and placing tobacco products and/or ENDS in open store shelves/racks, except in enclosed, opaque and single-colored storages/containments; and
•Conducting promotional activities, campaigns, events, product sampling, and the like, where the establishment or its location is prohibited from selling or unauthorized to sell tobacco products and/or ENDS, and/or where minors are allowed entry.

Fines from violations range from P1000-P3000 for individuals caught smoking and vaping in public places, and P2000-P5000 for establishments violating the ordinance. Subsequent offenses include imprisonment for a period of not exceeding to 3 months or both at the discretion of the court, and suspension or revocation of business license or permit (if applicable). Other penalties include community service for fines, confiscation, and no contest provision.

Regular inspection is conducted on establishments and a citation for violation is issued to violators. The inspectors may apprehend individuals violating the ordinance.
Civil Society Organizations (CSOs) may be deputized by the Mayor upon endorsement of the Health Services Office. Civilians may also be deputized by the Smoke-Free Task Force. Report or complaint may be filed with the Task Force.
Smoke-Free Baguio also offers help to those who would want to quit smoking. Smoke-Free Baguio is the main arm of increasing public awareness of the ordinance through different health promotion activities.

Check the full copy of the ordinance here:

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