• • Republic of the Philippines General Santos City OFFICE OF THE SANGGUNIANG PANLUNGSOD CHAlkisioNs

EXCERPT FROM THE MINUTES OF THE 106 TH REGULAR SESSION OF THE 17TH SANGGUNIANG PANLUNGSOD, CITY OF GENERAL SANTOS, HELD AT THE SANGGUNIANG PANLUNGSOD SESSION HALL ON TUESDAY, SEPTEMBER 15, 2015.

PRESENT:

Hon. Dominador S. Lagare III Hon. Elizabeth B. Bagonoc Hon. Ramon R. Melliza Hon. Franklin M. Gacal, Jr. Hon. Rosalita T. Nunez Hon. Shandee Theresa 0. Llido-Pestano Hon. Brix T. Tan Hon. Arturo C. Cloma Hon. Richard L. Atendido Hon. Vivencio E. Dinopol Hon. Eduardo D. Leyson IV

City Councilor & Presiding Officer City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor

ABSENT:

Hon. Shirlyn L. Barias-Nograles Hon. Marius Orlando A. Oco Hon. Mario U. Empal Hon. Rogelio D. Pacquiao

City Vice-Mayor (OL) City Councilor (OL) City Councilor (Indigenous Peoples Representative) (OL)

City Councilor (President, Liga ng mga Barangay) (OL)

WHEREAS, enshrined under the Preamble of the World Health Organization (WHO) as adopted by the International Health Conference held in New York, USA between 19-22 June 1946, health has since come to be understood universally as being a "complete state of physical, mental, and social well-being and not merely the absence of disease or infirmity;"

WHEREAS, in deference to the provisions of the abovementioned convention, the 1987 Constitution of the Republic of the Philippines as well declares as being the sovereign policy of the State to protect and promote, among others, the right to health of the people and instill health consciousness among them;

WHEREAS, also consistent with the foregoing provisions, Republic Act No. 8749,

otherwise known as the "Philippine Clean Air Act of/999,"stressed the right of every citizen to breathe clean air, prohibits smoking inside enclosed public places including public vehicles and other means of transport, and as well directed local government units (LGUs) to implement measures which are appropriate or necessary to effectively carry-out the intent and purposes of the said law;

WHEREAS, the Philippine Republic, under the Framework Convention on Tobacco

Control (FCTC), which the national government has been a party thereto, also consented to give priority to the right to protect public health and to promote measures of tobacco control based on current relevant scientific, technical, and economic considerations and, thereby, agreed to implement measures that said convention has resolved;

WHEREAS, RA 7160, otherwise known as The Local Government Code of 1991,"also delegates to every LGU the power and authority to promote the general welfare within its territorial jurisdiction including the health and safety of its citizens and preserve, among

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Page 1 Orinance No. 25, Series of 2015 ivc1

others, the comfort and convenience of their inhabitants through policies that the

sanggunian may opt to enact or approve in the process thereof;

WHEREAS, there has been observed in the City of General Santos the presence of some children or young adolescents peddling cigarettes and other tobacco products along highways, streets, transport terminals or elsewhere thickly populated, offering such commodities on retail, either by packs or sticks, to drivers including commuters whenever traffic would come to a stop at red light or whenever public conveyances tend to slow down

to pick up or unload passengers;

WHEREAS, it has also become a common practice among some elders who are cigarette smokers to let children or minors go errand for cigarettes at stores or even malls, the practice of which, whenever left uncurbed, would be detrimental to the effective promotion of the foregoing provisions of law, as this would tend to lure if not corrupt juvenile minds into believing that smoking cigarettes is good and not at all harmful to

health;

WHEREAS, several studies about the youth smoking habits have disclosed relationship influences of parents, older relatives or siblings, as well as those of their peers over the young ones, to be among the likely causes for their developing the habit of smoking and that most of these studies also suggested that "anti-smoking prevention for

youth needs to target the children of parents who smoked at any time in their life, as well as

if siblings are smoking;"

WHEREAS, this Sanggunian, in the furtherance of its powers provided for under

Section 16 of the aforementioned Local Government Code of 1991 while fully adopting the gist of the foregoing State policies and literatures, deems appropriate to establish some local policy measures geared at promoting public health and at the same time protecting the people from the alleged dangers of smoking and curbing such habits that would likely lure

minors to practice smoking;

NOW, THEREFORE, on motion of City Councilor Franklin M. Gacal, Jr., duly seconded by City Councilors Elizabeth B. Bagonoc, Shandee Theresa 0. Llido-Pestano and Brix T. Tan,

be it-

RESOLVED, as it is hereby resolved to enact this Ordinance:

ORDINANCE NO. 25 Series of 2015

AN ORDINANCE REGULATING THE SALE, DISPOSITION, AND DISTRIBUTION OF CIGARETTES WITHIN THE TERRITORIAL JURISDICTION OF THE CITY OF GENERAL SANTOS SO AS TO PROMOTE PUBLIC HEALTH AND PROTECT THE PEOPLE FROM THE ALLEGED HAZARDS BROUGHT ABOUT BY SMOKING, KEEP THE MINORS AWAY FROM BEING ENTICED INTO OR DEVELOP SMOKING HABITS, PROVIDING PENALTIES AGAINST VIOLATORS, AND FOR OTHER

PURPOSES

Hon. Franklin M. Gacal, Jr.— Author & Principal Sponsor Hon. Rosalita T. Nunez & Hon. Ramon R. Melliza — Co-Sponsors

Be it enacted by the Sangguniang Panlungsod of General Santos City that

Ordina c o. 25, Series of 2015 Page 2

• • Section 1. Short Title. - This Ordinance shall be known for short as "The Gensan

Anti-Cigarette Vending Ordinance of 2015'

Section 2. Policy Statement. - The Local Government Unit of General Santos City

endeavors to promote and protect public health in accordance with the framework set forth by international conventions, the Constitution, the Local Government Code of 1991, and other pertinent laws, rules, and regulations and, in the furtherance of these commits to make effectively enforceable, by virtue of this Ordinance, the following policy measures, to

wit: a. Regulate the sale, distribution, and disposition of cigarettes by retail

within the city's territorial jurisdiction for the purpose of protecting the health of the people and keep the minors away from being enticed into

or develop smoking habits;

b. Prohibit the retailing, offering or giving of cigarettes and other tobacco products of whatever quantity to minors including the retailing or possession, by any person of minority age, of these commodities;

c. Provide incentives to persons who serve as whistle-blowers to government authorities in the process of apprehending violators of this

Ordinance;

d. Authorize the deputation of some private individuals or organizations to help in the efficient and effective implementation of the provisions of this

Ordinance; and

e. Supply all other necessary or appropriate support policy relevant to the Local Chief Executive's "Creating a Livable Environment for all Generals towards Nation Building in General Santos City" (C. L. E.A. N in Gensan) program, more particularly, in the field of antismoking prevention and

other related public health concerns.

Section 3. Definition of Terms. - For purposes of this Ordinance, the following

terms shall be understood to mean, viz:

a. Box of Cigarette - refers to a package consisting of several reams of

cigarette.

b. Cigarette - refers to a cylindrical roll of shredded tobacco leaves with an outer covering of thin usually white paper commonly used for smoking.

c. Minor - refers to any individual who is under eighteen (18) years old.

d. Pack - a small paper package or bundle containing cigarette sticks

e. Ream of Cigarette - refers to a package consisting of some twenty (20)

packs of cigarette.

f Stick of Cigarette - refers to a piece of cigarette.

g. Whistle-blower - refers to any person such as store managers or supervisors, salesladies or merchandisers, sales agents, school teachers, private security guards, NGOs, POs or the like, except those deputized for the purposes of this Ordinance or those who, by virtue of their respective careers, perform civil, police or military functions, who provided or had caused to provide, some information to authorities about any act that would,

Page 3

ti Ordina 25, Series of 2015

after proper verification and validation process, constitute a violation of this

Ordinance.

Section 4. Prohibition on the Selling of Cigarettes. - Immediately after this

Ordinance shall have taken effect, the following prohibitions shall be strictly enforced within

the territorial jurisdiction of the city, to wit:

a. No person or business establishment shall give, offer, distribute or sell by retail to any minor any cigarette brand of whatever quantity.

b. Cigarettes and other tobacco products cannot be sold by minors.

c. It shall be unlawful for any person, business establishment such as sari-sari store, supermarkets, malls, convenience stores and the like to sell, dispose or distribute cigarettes and other tobacco products by packs or by sticks of whatever quantity. Cigarettes shall be sold only by reams or

boxes.

d. It shall be unlawful for any person to buy cigarettes and other tobacco products by packs or by sticks of whatever quantity.

Section 5. Deputation of Enforcers. - a.) The Local Chief Executive may, towards

the efficient and effective implementation of this Ordinance, issue deputation orders and, thereby, deputize some officers of the Civil Security Unit, the City Environment and Natural Resources Office or other relevant enforcement agencies of the city's local government unit to help implement the pertinent provisions hereof efficiently and effectively. b.) Such

deputized officers shall, therefore, be clothed with full authority to apprehend and issue citation tickets against violators in accordance with subsisting rules and procedures there for. c) Members of the General Santos City PNP may issue citation tickets.

Section 6. The Whistle-blower Award System. - a.) There is hereby established

a whistle-blower award system to encourage citizens at large to take part in the efficient and

effective implementation of this Ordinance. b.) The Office of the City Treasurer shall be

primarily responsible in the management, supervision, and implementation of this award system and as such shall be required to submit quarterly reports of the program to the

Sangguniang Panlungsod and the Office of the Local Chief Executive. c.) Within thirty (30)

working days after this Ordinance shall have taken effect, the Office of the City Treasurer shall also formulate the pertinent rules and standards for this award system including such rules or procedures applicable in the process of validating and verifying whistle-blower

information. d.) An award of Five Thousand Pesos (P5,000.00) cash each shall be given to any whistle-blower who shall have provided valid and verified information to authorities that led to the apprehension of any violator(s), such amount to be taken from the subsisting Intelligence Fund of the Office of the City Mayor or the General Fund. A whistle-blower cannot include members of the police, barangay officials, employees of the City treasurer's

Office and deputized officers under Section 5 hereof.

Section 7. Penalty. The following penalties shall apply: a) The penalty to be

imposed for violation of Section 4 shall be P5,000.00 and counseling by City Health Services

or appropriate agencies. b) For second offense, the penalty to be imposed for violation of

Section 4 shall be P5,000.00 and 30 days imprisonment. c) The business permit of the

business establishment shall be revoked and the premises be ordered padlocked.

Section 8. Persons Liable. Violations of this Ordinance shall be imposed on the

following:

a. Owner of sari-sari store

b. Street vendor Page 4

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Ordinan e 25, Series of 2015 /f/A

a • c. Manager of supermarkets, malls and convenience store

d. Parents or legal guardians of minors selling or buying of cigarettes

e. Any person violating Section 4 of this Ordinance

Section 9. Extra -Judicial Penalties to Offenders. - a). Without prejudice to the imposition of other appropriate penalties stated under applicable laws and rules, any person or business establishment who violates this Ordinance shall, upon the issuance of the corresponding citation ticket by the City Treasurer's Office or any deputized agency pursuant to Section 5 hereof, be fined the amount of Five Thousand Pesos (P5,000.00). b.) For violations committed against Section 4(b) hereof, the citation ticket shall be issued directly to the apprehended minor's parents or guardians concerned, while the apprehended minor shall, thus, be required to appear at the City Social Welfare and Development Office (CSWDO) for proper counseling.

Section 10. Suppletory Clause. - The pertinent provisions of Republic Act No. 8749, otherwise known as the "Philippine Clean Air Act of 1999," insofar as applicable to any given case or circumstance under consideration with respect to the proper implementation of this Ordinance within the territorial jurisdiction of the city, shall be adopted to supplement the provisions hereof.

Section 11. Amendatory Clause. - The provisions of previous local enactments, resolutions, memoranda, circulars, and other issuances which are inconsistent with this Ordinance are hereby repealed or modified accordingly.

Section 12. Separation Clause. - In the event that a provision or some provisions hereof are found or decreed to be invalid or unconstitutional, all other provisions hereof not affected by such pronouncement or decree shall remain to be in full force and effect.

Section 13. Effectivity Clause. - This Ordinance shall take effect after fifteen (15) days following the completion of its full publication in any newspaper of general circulation within General Santos City. However, immediately upon approval by the Local Chief Executive of this Ordinance, the Secretary to the Sanggunian shall immediately conduct in advance information campaign forums on the provisions hereof at schools, churches, malls, barangays and puroks and other public places within the territorial jurisdiction of the city so as to give prior notice to the public, miscellaneous expenses for which to be taken from the appropriate account of the Office of the Sangguniang Panlungsod care of Responsibility

Center 1021 (City Councilors Office).

Enacted by the 17th Sangguniang Panlungsod, City of General Santos on its 106 th

Regular Session held on September 15, 2015.

CERTIFIED CORRECT:

ATTY. ROSENDO A. ROQUE Secretary to the Sanggunian

wr-

Ordinance No. 25, Series of 2015 Page 5

/A/ i ,

ATTESTED BY:

DOMINADOR S. L E III City Councilor and Presiding Officer /04/

Approved by His Honor, the City Mayor on , 2015.

RONNEL C. RIVERA City Mayor

Ordinance No. 25, Series of 2015 Page 6