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Republic of the PhilippinesSANGGITNIANG PA]\LVXG$OD

Pasig City

Ordinance No. 40Series of 2011

RDINANCE PROMOTING A HEALTHFUL ENVIRONMENT IN PASIG CITY.

Authored by:

Co-Authored By:

Councilor Augustin Alexee C. Santiago

Councilors Lorna A. Bernardo, Reynaldo R. SanBuenaventura III

, lyo Christian C. Bernardo, Christian G. Sia,Regino S. Balderrama, Richard C. Eusebio, Rodrigo B. Asilo,Reynaldo F. Raymundo, Roberto E. Benito, Virgilio I. DelRosario

, Charmie Q. Benavides, LIGA Pres. Ferdinand A.

Avis and SK President Julia Nicole B. Pua

WHEREAS, Section 16, Article 2 of the 1987Philippine Constitution

provides that the state shall protect the right of the people to a balanced andhealthful ecology in accord with the rhythm and harmony of nature;

WHEREAS consistent with said Constitutional Provision and with the RA7160, otherwise known as the Local Government Code of 1991, specificallySection 16 (General Welfare Clause), the City Government has given thepromotion of a healthful environment for its constituents, its top most priorityconcern;

WHEREAS, smoking cigarettes and other tobacco products have beevalidated to cause unhealthful environment and health hazards resulting tdisability, untimely death, additional economic difficulties, especially among thedisadvantaged and the poor,

and drains the resources of our country that couldbetter be channeled to productive endeavors;

WHEREAS, the World Health Organization (WHO) in its numerouspronouncements has called for stronger measures against the health hazards ofcigarette/tobacco smoking where resources, dreams and lives have been wasted,while a handful tobacco companies are raking in millions of profits;

WHEREAS, the Philippines is a signatory country to the WHO FramewoConvention on Tobacco Control in which its Article 4 speaks of "strong politicalcommitment is necessary to take measure to protect all persons from exposure totobacco smoke";

WHEREAS, likewise under WHO'S Principle 1 of its Guidelines onProtection From Exposure to Tobacco Smoke, it has declared that "approachesother than 100% Smoke Free Environment including ventilation, air filtration andthe use of Designated Smoking Areas (whether with separate ventilation systemsor not) have repeatedly been shown to be ineffective and there is conclusiveevidence

, scientific and otherwise, that engineering approaches do not protectagainst exposure to tobacco smoke" and under its Letter B,

"it declares the duty toprotect individuals from tobacco smoke corresponds to an obligation bygovernments to enact legislations to protect individuals against threats to theirfundamental rights and freedo

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Republic of the PhilippinesSWipi.lMAM; PAXLt \4.M>I»

Pasig City

WHEREAS, In addition, Section 24 of RA 8749 otherwise known as the

Clean Air Act of 1999 prohibits smoking inside enclosed public places;

WHEREAS, consistent with the Pasig Green City vision of providing itscitizens of a healthy environment beyond progress, it shall respond to the urgentneed of protecting the youth and the future generations from the elementsdetrimental to their health;

WHEREAS, the approval of this Ordinance will strengthen the 100%Smoke Free Policy of City Mayor Robert C. Eusebio enunciated last 10 August2010.

BE IT ORDAINED by the Sangguniang Panlungsod in session dulyassembled that :

Section 1 :

Section 2 :

Section3 :

TITLE - This Ordinance shall be known as the HealthfulEnvironment Ordinance of 2011.

SCOPE - This Ordinance shall apply to all persons, whether

natural or juridical and shall take effect within the territorialjurisdiction of Pasig City.

DEFINITION OF TERMS - For purposes of this Ordinance, tl

following terms are defined as follows, to wit:

A. Advertisement - any visual and/or audible message disseminate

to the public about a particular product that promotes and givespublicity by words, designs, images or any other means thrubroadcast, electronic, print or whatever forms of mass mediaincluding outdoor advertisements, such as but not limited to signs,tarpaulins and billboards; and for the purpose of this Ordinance, itshall be understood to mean cigarette/tobacco productadvertisement;

B. Advertising - refers to the business of conceptualizing, presentin

making available and communicating to the public thru any formmass media

, any fact, data or information about the attributes,features, quality or availability of consumer products, services orcredit, and for the purpose of this Ordinance,

it shall mean as

cigarette/tobacco product advertising,

C. Advertiser - a person or entity on whose account or for whom an

advertisement is prepared and disseminated by an advertisingagency;

D. Cigarette - any roll of tubular construction which contains tobacco

or its derivatives and is intended to be burned or heated under

ordinary conditions of use;

S5s

E. Designated Smol

space not frequerseparated from n(prevent

ngd by

Mas

Areas - an enclosed public place or openon-smoking public that is physically

bking area wherein measures are taken tosmoke to non-smokers;

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F. Distributor - any person to whom a tobacco product is delivered or

sold for the purpose of distribution in commerce and does notinclude a manufacturer

, retailer or common carrier of such productsand to be considered as such, has paid the necessary fees,business permit as well as permit to sell cigarettes/tobaccoproducts;

G. Media - any medium of communication designed to reach a mass

of people which includes print media, such as but not limited to

newspapers, magazines and publications; broadcast media such astelevision, radio, cable television and cinema; electronic media,such as but not limited to internet

, among others;

H. Minor- any person, below eighteen (18) years old;

I. Manufacturer - any person or entity including a repacker who

makes, fabricates, assembles, processes or labels a product such

as cigarette/tobacco product;

J. Perimeter - any point in the boundaries as indicated in the

certificate of title of a tract of land that is actually used or occupiedby a school, church, playground, building or other facility whetheror not said tract of land is separated from adjacent tracts by a waor fence; it also includes areas such as roofs

, tents, awnings ancanopies;

K. Person - any person, whether natural or juridical;

L. Point of Sales - any location at which an individual can purchase

or otherwise obtain cigarettes/tobacco products, it does not includeitinerant/ambulant vendors and to be considered as such, has paidthe necessary fees, business permit as well as permit to sellcigarette/tobacco products;

M. Premises - refers to a tract of land and the building or buildings

thereon, including the open spaces between the building locatedon the same tract of land and within the perimeter of said tract ofland.

N. Promotion - any event or activity organized by or in behalf of a

tobacco manufacturer, distributor, retailer with the aim of promoting

a brand of cigarettes/tobacco products which such would not occurwere not for the support given to it or on behalf of tobaccomanufacturer's name

, trademark and logo on non-tobaccoproducts;

O. Public Conveyance - mode of transportation servicing the general

public such as but not limited to elevators, escalators, buses, taxis,dicabs, river boats and similarjeepneys, FXs, shuttles,

types; tncycl

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Republic of the PhilippinesPANLUNGSOD

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P. Public Places - enclosed or confined areas of all hospitals, /T

medical clinics, laboratories, schools, public parks, public

transportation offices and terminals, buildings such as private and \public offices, recreational places, shopping malls, movie houses, f x',hotels

, motels and restaurants and the like.

Q. Retailer - any person who sells cigarettes/tobacco products to

individuals for personal consumption and to be considered as such,

has paid the necessary fees, business permit as well as permit tosell cigarettes/tobacco products;

R. Smoking - act of carrying lighted cigarette/tobacco product,

whether it is being inhaled or not;

S. Smoker - a person carrying lighted cigarette/tobacco product,

whether it is being inhaled or not;

T. Tobacco Product - any product that consists of loose tobacco and

contains nicotine and is intended for use in cigarettes, including anyproduct containing tobacco and is intended for smoking, oral ornasal use,

U. Warning - notice printed on cigarettes/tobacco products or it X.

container and/or displayed in print or electronic media including outdoor advertising and which shall bear information on the IIIeffects or hazards of dgarette/tobacco product use; I "

TTT-

V. Workplace - any place used by people during their employment orv

work which not only includes work done for compensation but alsovoluntary work as well as those places at which work is performedbut also all attached or associated places commonly used byworkers in the course of their employment including but not limitedto corridors, lifts, lobbies, joint facilities, toilets, cafeterias,lunchrooms and sheds.

Section 4 HEALTHFUL ENVIRONMENT - To promote a healthfulenvironment for the City's constituents, the following shall be f\mandated, with the corresponding penalties for their violations / L 'thereof : L/ '

t

A Prohibited Smoking Areas - CorrespondingPenalties

1. Centers of youth activities such as schools, youth

hostels, and recreational facilities for persons beloweighteen (18) years old and other facilities frequentedby them;

2. All government offices, faciljlies_

national or local;

gc

hides, whether

A. Letter A, Numbers 1

to 10:

A fine of three thousand

pesos (PhP3I000.00)

1s1 Offense:

Smoke cessation Therapy orfine of Three Thousand

Pesos (Php3,000.00)

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3. Elevators, stairwells and escalators;

4. In areas as maybe considered by fire services & in

places or locations in which fire hazards are present,including gas stations, gas tanks, depots, cargotrucks

, tank vehicles and barges, and storage areasfor flammable liquids, gases, explosives orcombustible materials;

5. Within five meters (5 m) around any entrance and exit

of any building or facility,

6. Within the buildings and premises of public and private

hospitals, health clinics

, medical centers, derma,

dental and optical or veterinary clinics, nursing homes,health centers

, dispensaries and laboratories;

7. Public conveyances and public facilities including

waiting sheds, toilets and terminals of buses,jeepneys, FXs, shuttles, tricycles, pedicabs, river boatsexcept for designated smoking areas;

8. Areas where foods

stored;are prepared, processed and

9. Inside public buildings or an enclosed public place

including public vehicles or in any enclosed areaoutside of one's private residence, private place ofwork or any duly designated smoking area;

10. Other establishments that fall within the followingconditions

, to wit:

a. All enclosed public establishments whose owners,

managers or administrators have not yet filed arequest or have pending request for theestablishment of a designated smoking area:

b. All enclosed public establishments with pre-

existing designated smoking area that is not yetapproved and certified by CENRO;

c. All enclosed public establishments which do not

have designated smokina areas for whateverreason.

Offense:A fine of Three Thousand

Pesos (Php3,000,00)

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All of the establishments mentioned in this Section shall be

required to post visible warning signs in Filipino, "BAWAL

MANIGARILYO and in English, "NO SMOKING" to befollowed by in Pilipmo,

"ANG PANINIGARILYO AYMAPAMINSALA SA KALUSUGAN NG LAHAT" and in

English,: "SMOKING IS DANGEROUS TO YOURHEALTH AND TO OTHERS" in conspicuous places withlegible and visible font. All of these signages shall alsobear the words in smaller but legible fonts in Filipino,"Ordinansang Panlungsod Big

" (the ordinancenumber of this Ordinance) and in English : "City OrdinanceNo.

" as well as "PARA ISUPLONG ANG MGALUMALABAG DITO, MAGTEXT O TUMAWAG SA

" (the dedicated number to be used byAction Line) and in English,

"To report violators, call or text

A line of five thousand pesos(PhPS.OOO.OOJandimprisonment of fifteen (15)days

B Designated Smoking Area - All designated smokingareas must be in conformity with the definitions set by thisOrdinance and its Implementing Rules and Regulations. Inaddition

, the requirements for establishing such are asfollows:

1. Display and post conspicuously inside the said

designated smoking area the following :

a) a visible picture or graphic based hazards ofsmoking as approved by the Pasig City HealthfulEnvironment Promotion Council measuring at leasttwo (2) by four (4) feet;

b) the health warning in Filipino, "ANGPANINIGARILYO AY MAPAMINSALA SA

KALUSUGAN NG LAHAT" and in English,:"SMOKING IS DANGEROUS TO YOUR HEALTHTO OTHERS";

c) and the notice in Filipino, "ANG LUGAR NAITO AY

PARA LANG SA MGA MAGSISIGARILYO" or in

English, " This Room is Exclusively ForSmokers Only".

2. Fees to be paid to CENRO:

a. Filing fee - Two Thoipand pesos (PhP2I0CX).00);

b. Inspection Fee

7 rwj

dred pesos (PhP500.00)

B1-2.

First Offense:

a fine of two thousand

(PhP2,000.00);

Second Offense

a fine of five thousand pesos(PhP5,000.00)

Third Offense:Cancellation of Business

Permit

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D

Restricted Access to Minors - Vending Machines andSelf Service Facilities - unless the vending machine has amechanism for age verification,

the sale or distribution of

cigarettes/tobacco products to minors by means ofvending machine or any self service facility or similarcontraption or devise is prohibited.

Each retailer shall ensure that all tobacco related vendingmachines or self-service displays or facilities, advertising,labeling and other items that are located in theestablishment that do not comply with the requirements ofthis Ordinance are removed immediately or are broughtinto immediate compliance with the said requirements.

Letter C:

Cancellation trf Business

Permit

Restricted Acts Vis-d-vis Minors - as for the minors, the

following acts are prohibited:

1. For any manufacturer, distributor or retailer including

sidewalk or itinerant vendors of cigarettes/tobaccoproducts to promote, give or convey, sell or distributeany cigarette/tobacco product or in the form of sweets,snacks or any objects in the form of tobacco productsor other merchandise or items bearing the name, logoor other indicia of tobacco products as well asrepresentations or imitations of said tobacco productsto any minor;

2. For any person to purchase cigarettes/tobacco products

from a minor:

3. For any minor to distribute, sell or buy

cigarettes/tobacco products

4. For a minor to carry or smoke cigarettes/tobacco

products

Letter D:

Number 1:

A fine of five thousand pesos(PhP5,000.00) andimprisonment thirty days(30);

Number 2:

A fine of one thousand

pesos (PhP1,000.00) andcommunity work of threehundred (300) hours

NumberS:

Section 20 of RA 9344

otherwise known as An Act

Establishing ComprehensiveJuvenile Justice System willapply-

Number 4:

Section 20 of RA 9344otherwise known as An Act

Establishing ComprehensiveJuvenile Justice System willapply.

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For sending into errant or oo-opting a minor to buy,distribute or sell cigarettes/tobacco products.

It shall not be a defense for the person distributing,conveying, selling or buying cigarettes/tobacco productsthat he/she did not know or was not aware of the real ageof the minor. Neither

, it shall be a defense that he/she did

not know or had no any reason to believe that thecigarettes/tobacco products was for the consumption ofthe minor to whom it was sold.

In case of doubt as to the age of the said distributor, selleror buyer, said person shall verify by any means of validform of photographic identification containing the date ofthe birth of the minor.

Numbers:

First Offense:

a fine of one thousand

pesos (PhP1.000.00)

Second Offense:

a fine of five thousand pesos(PhP5,000.00)andcommunity work of fivehundred (500) hours.

Prohibited Areas for Promotion, Distribution, Sellingor Giving -

The promotion, distribution, selling or giving ofcigarettes/tobacco products is prohibited within onehundred meters (100 m) from any point of the perimeter oflearning institutions such as schools and universities,public playgrounds or other facilities frequented particularlyby minors.

Letter E:

Cancellation of Busir

Pemnit, a fine of three,

thousand pesos(PhP3,000.00) andimprisonment of thirty c ys(30).

Required Signages for Point of Sales -

All point of sales establishments of cigarette/tobaccoproducts shall post inside and outside of the saidestablishments

, the following warning signages in a clearand visible manner, to wit : in Filipino : "ANG

PAGBEBENTA/PAGBIBIGAY NG SIGARILYO/PRODUKTONG TABAKO SA MGA MENOR DE EDAD

AY LABAG SA BATAS" and in English'SALE/DISTRIBUTION OR PURCHASE BY MINORS OFCIGARETTES/TOBACCO PRODUCTS IS UNLAWFUL,to be followed in Filipino, ANG PANINIGARILYO AYMAPAMINSALA SA KALUSUGAN NG LAHAT" and in

English "CIGARETTE SMOKING IS DANGEROUS TOYOUR HEALTH AND TO OTHERS" . All of these

signages shall also bear the words in smaller but legiblefonts in Filipino, : "Ordinansang Panlungsod Big.

"(the ordinance number of thiaOrdipanCSTand in English :

Letter F:

Confiscation of cigarettes/tobacco products, a fine offive thousand pesos

(PhPS.OOO.OO) andcancellation of Business

Permit of offendingestablishment.

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"City Ordinance No.

"

(the ordinance number of thisOrdinance) as well as "Para Isuplong ang LumalabagDito, Magtext o Tumawag sa

" ( the dedicatednumber to be used by Action Line) and in English : "ToReport Violators, Text or Call

In addition, a visible picture or graphic based warningabout health effects of direct or second hand exposure totobacco smoke as approved by the Pasig City HealthfulEnvironment Council measuring at least two (2) by four (4)feet shall be posted conspicuously inside the said point ofsales establishment.

G No Littering of Cigarette Butts and Wrappers -

Littering of cigarette butts and wrappers shall be prohibitedin all public places in Pasig.

Letter G:

A fine of one thousand

pesos (PhP1,000.00) andtwo hundred (200) hours ofcommunity work.

H Banning of Advertisements of Cigarettes/ TobaccoProducts -

All kinds of advertisements of cigarettes/tobacco productsin all places in Pasig City shall be banned, except insidethe premises of point of sales establishments.

Letter H:

Confiscation of advertiimaterials, a fine of five

thousand pesos(PhP5,000.00) andimprisonment of thirty days V )(30) to the advertiser, ( \ /advertising company as wellas to the owner/possessor ofvenue/ conveyance used

I Banning of Promotions of Cigarettes/TobaccoProducts -

All kinds of promotions for cigarettes/tobacco productsshall be banned in all places in Pasig City except at pointof sales establishments

, provided it is within its premises.It shall include

, but not limited to the following means:naming of sports teams and structures, garments, sportsgears, caps and bags; writing instruments and paperproducts; raincoats and umbrellas; toys and replicas andsimilar items.

Letter I:

Confiscation of promotionalmaterials, a fine of five

thousand pesos(PhPS.OOO.OO) andimprisonment of thirty days(30) to the promoter,owner/manager of productsbeing promoted and to theowner/possessor of thevenue used.

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Banning of Sponsorships of Any Activity -

All kinds of sponsorships shall be banned directly orindirectly by tobacco companies or by any entity orindividual of any activity to be held in Pasig City. The Banshall include but not limited to the following activities :sports, concerts, quizzes, educational, arts, cultural,environmental and entertainrient Provided, that theattribution only to the name of tne company in the roster ofsponsors shall be allowed.

Letter J

A fine of five thousand pesos(PhP5,000.00)andimprisonment of thirty days(30) for the sponsor andsponsored individuals orentity.

No Issuance of Permit to Sell Tobacco Products

After the approval of this Ordinance, the Business Permit

and License Office shall cease from issuing businesspermits and licenses to business establishments who areselling cigarettes/tobacco products and are operatingwithin the prohibited one (100) hundred meter radius fromany point of the perimeter of learning institutions such asschools and universities

, public playgrounds or otherfacilities frequented particularly by minors. Likewise,

it

shall regularly provide the Pasig City HealthfulEnvironment Promotion Council with a list of persons whowere issued permits to sell cigarettes/tobacco productstogether their exact business locations.

Letter K

W Offense -15 dayssuspension

2nd Offense -30 dayssuspension

Offense- Dismissal fromthe service

If the violator is a juridical person, said penalty shall be imposed upon its, owner,president or general manager as the case maybe.

The community work herein provided shall be for the implementation of programsof CENRO.

Section 5: MECHANISMS - For purposes of ensuring stringent implementationof this Ordinance

, the following are hereby mandated to be carriedout immediately,

to wit:

A. Creation of Pasig City Healthful Environment Promotion

Council - A Pasig City Healthful Environment Promotion Councilis hereby created with the primary responsibility of ensuring thestringent implementation of this Ordinance and providingprocedures for reportingand dealing with its violations, as well asin providing tecanicpl nd other services in support.

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Thereof, with the CENRO Chief as its Chair and the City HealthOfficer as Co-chair. It shall meet at least once a month with

members coming from the authorized representatives of thefollowing offices, with their corresponding duties andresponsibilities,

to wit

City Health

1. Develops and maintains Smoking Secession Program;

2. Develops and produces with the assistance of Public

Information Office, information, education andcommunication (IEC) materials on health hazards ofcigarette/tobacco smoking, specially on harmful effectsof first hand and second hand smoking as well as onthe pertinent provisions of RA 9211 and of thisOrdinance.

City Ordinance Police

1. Assists CENRO in monitoring compliance with this

Ordinance;2

. Assists CENRO in gathering relevant data opromoting healthful environment;

3. Issues citation tickets to violators of this Ordinance.

City Legal Office:

1. Assists CENRO in reviewing reports and complaints

for violations of this Ordinance;2

. Determines liabilities of violators of this Ordinance.

Pasig Station of Philippine National Police:

1. Apprehends violators in accordance with provisions of

this Ordinance;

2. Assists CENRO and deputized Civil Society Groups in

apprehending violators and in filing the appropriatecomplaints.

Committee on Environmental Protection :

1. Undertakes itft oversight functions over this Ordinance. \J

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Four (4) Pasig based Civil Society Groups :

1. Provide assistance in inspection and in monitoring

violations of this Ordinance;2

. Provide assistance in conceptualizing promotion ofhealthful environment IEC materials;

3. Provide assistance in encouraging public and

participation in the implementation of this Ordinance;4

. Participate in conducting orientation and trainingseminars on promotion of healthful environment.

- Tobacco Control Project Officer:

1. Acts as the Action Officer of the Pasig City Healthful

Environment Promotion Council.

The herein Clerk to be appointed shall act as the Secretary of thePasig City Healthful Environment Promotion Council,

Budgetary Support - Budget to implement this Ordinance shallinitially be sourced from the unprogrammed budget of the City andshall be included in the budget of CENRO thereafter;

C. Implementing Rules and Regulations - for the proper guidar

of its stakeholders as well as that of the Pasig City Health1!Environment Promotion Council

, the CENRO Chief, together witfrCity Health Officer, the City Legal Officer and the Chair of theCommittee on Environmental Protection shall craft the /\Implementing Rules and Regulations of this Ordinance within thirty / \/(30) days from its approval for the City Mayor's consideration; V /V

D. Curriculum - the matters of ill effects/health hazards of

cigarette/tobacco smoking as well as of this Ordinance shall beincluded in all schools

, colleges/universities and technical/vocational schools in Pasig City in the subject deemed appropriateby the Division of City Schools, the Commission on HigherEducation (CHED) and the Technical Education and SkillsDevelopment Authority (TESDA), after proper representations havebeen made with these agencies.

E. Information Dissemination - the Healthful Environment

Promotion Project Officer shall take charge in conducting massiveeducational

, infornr tion a* communications activities as aits ptoieds and services with the active support of

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Reports - the Healthful Environment Promotion Project Officershall regularly submit reports on the accomplishments of itsprojects and services, issues and concerns on promotion ofhealthful environment as well as the accomplishments of the PasigCity Healthful Environment Promotion Council to the CENRO Chief,the City Mayor, the City Council and Inter Agency Committee -Tobacco (IAC - Tobacco);

Youth Against Cigarettes Smoking (YACS!) - CENRO shallimmediately establish the Youth Against Cigarettes Smokingamong the youth and students of Pasig City with the end view ofinculcating the promotion of healthful environment as well as thehazardous effects of cigarette smoking and mobilizing theirparticipation in the promotion of healthful environment campaign ofthe City Government.

Smoking Cessation Clinic - The City Health Office shall establisha Smoking Cessation Clinic to assist walk in smokers who want toquit from their smoking addiction/dependence. First time violatorsof Sec. 4A (1-10) shall have the option of undergoing the smokecessation therapy instead of paying the fine of Three ThousandPesos (Php3,000.00);

Livelihood Support - The Cooperative Development Office shallassist the Pasig City Healthful Environment Promotion Council insetting up and strengthening of cooperatives among the ambulantcigarette vendors. Likewise, the City Livelihood DevelopmentCouncil shall extend training and facilitation of seed money for thesaid ambulant cigarette vendors cooperatives;

Rating System and Recognition - to encourage voluntarycompliance, the Healthful Environment Promotion Project Officershall develop a rating system on voluntary compliance andundertake appropriate recognition/awards thereof to be held duringthe celebration of World No Tobacco Day;

Impact Evaluation - Every two (2) years after the approval of thisOrdinance, the Pasig City Healthful Environment PromotionCouncil and the Committee on Environmental Protection shall

conduct an impact evaluation on the implementation of thisOrdinance and submit a corresponding report andrecommendations for executive and legislative actions;

Dedicated Telephone Number/Hot Line - to enhance informationdissemination, apprehension of violators as well as people'sparticipation in the imptfementation of this Ordinance, Action Lineshall allot and maintain adedicated telephone number/hot linetowards the attainroeHtloHfle aforecited objectives;

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Section 6:

Section 7 :

Section 8:

9

M. Incentive for Enforcers of this Ordinance - fifteen percent

(15%) of the fine paid by the apprehended violator of thisOrdinance shall accrue to the deputized enforcer who made thesaid apprehension as an incentive.

No Contest Clause - Persons who violate this Ordinance and

were apprehended or cited for such violation and who do not wishto contest the said violation and is willing to pay voluntarily withinthree (3) working days from apprehension the fine imposed uponthem prior to the filing of formal charges with the proper court shallbe allowed to pay the corresponding fines with the City Treasurer'sOffice to avoid being criminally prosecuted. This provision can beavailed by persons liable only once and shall not cover the penaltyof community work.

PEOPLES' PARTICIPATION - to enhance governance, people'sparticipation is encouraged by drawing in the voluntary participationof Civil Society Groups in information dissemination and reportingof violators of this Ordinance. CENRO shall also deputize, uponappropriate screening, proper orientation and training, theirmembers in reporting and apprehending violators. Aside fromthese

, values education and other self enhancement activities shall

be accorded them.

INTERFERENCE - Any person who shall interfere, obstruct cjroppose any official or employee of the CENRO or any other duldeputized person in the performance of their duties in theimplementation of this Ordinance,

or shall tear down, mutilate,deface or alter any billboard, tarpaulin, streamer, poster or similarnotices affixed in any premises in the enforcement of thisOrdinance shall be penalized with a fine of PhPSOO.OO orimprisonment of thirty (30) days or both upon the discretion of thecourt.

CITIZENS SUITS - For the purpose of enforcing the provisions othis Ordinance

, any bona fide Pasig City resident may file anappropriate civil,

criminal or administrative action in propercourts/bodies against:

1. any person who violates or fails to comply with any of the

provisions of this Ordinance;

2. any Pasig City Official, Employee or deputized person, who

willfully or grossly neglects the performance of an act speciallyenjoined as a duty by this Ordinance or abuses his/herauthority in t|e pepferffrTance of his/her duties; or in anymannerJmotffi&tfperfoims his/hejjdiJtieg under Ordinance.

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Republic of the Philippiness \\M,rr\ i \rv«, panlijngsod

Pasig City40

Ord No

of 2011

9:on

Provided, however, that no suit can be filed until after thirty day

(30) notice has been given to the said public officer and thealleged violator concerned and no appropriate action has beentaken thereon.

In the event the said bona fide Pasig City resident shouldprevail, the Court shall award reasonable attorney's fees,moral damages and litigation costs as appropriate measure.

SUITS AND STRATEGIC ACTIONS, PUBLIC PARTICIPATIONAND EN FORCE MET OF THIS ORDINANCE - Where a suit is

brought against a person who filed an action as provided for onSection 8 of this Ordinance, or against any person, office ordepartment that implements this Ordinance, it shall be the duty ofthe City Prosecutor to immediately make a determination notexceeding thirty days (30) whether said legal action has been filedto harass, vex, exert undue pressure or stifle such legal recourse ofthe person complaining of or enforcing the provisions of thisOrdinance. Upon determination thereof, evidence warranting thesame, the City Prosecutor shall dismiss the same.

This provision shall also apply and benefit Pasig City Officials aEmployees who were sued for acts committed in their officapacity, there being no grave abuse of authority and done incourse of enforcing this Ordinance.

Section 10: Miscellaneous Provisions -

1. Separability Clause - if any part of this Ordinance is declared as

unconstitutional or unlawful, such declaration shall not affect the

other parts or sections hereof that are not declared unlawful orunconstitutional;

2. Repealing Clause - all previous ordinances and executive orders

inconsistent with this Ordinance shall be deemed repealed ormodified accordingly;

3. Effectivity Clause - it shall be effective immediately upon

publication of this Ordinance in a generally circulated publicationin Metro Manila.

APPROVED th

Rl

day of December 2011 aLBasig City

N C. BERNARDOuncilor

RICHAI

www.pasigcity.gov.ph

. EUSEBIOD

cilo

Ordinance No.Series of 2011-page 16-

40

Republic of the PhilippinesSANGGITNIANG PANLUNGSOD

Pasig City

REYNALDO R. SAN BUENior

REGINO S. BALDERRAMA

| Coupcilor

. ASILO

REYNALDO F. RAYMUNDOCouncilor

AUGjmiN AL XEE C. SANTIAGO/ACouncilor

ROBERTO EyBENITOCeoiBoHor \/

LORNA A. BERNARDOCouncilor

MI QJ BENAVIDES

Councilor

grtNAND AVjflLIGA President

3B iAN4 SwrCouncilerN

Minoritv>t6or LeatJer

VIRGILlOTrearROSARIOCouncilor

Majority Floor Leader

Attested by:

ROSALIO D. MARTIRESCity Vice-MayorPresiding Officer

www.pasigcity.gov.ph

Republic of the PhilippinesVXXM.i \lAM. rWLl X SOH

Pasig City

No. ies

APPROVED:

Attested by:

ROB C SEBIO

r

ROBEI TO A. BARRETTO

Acting C ty Council Secretary

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www.pasigcity.gov.ph

APRIL 12,'2012 HUWEBES 5

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l' Republic of the Philippines

Pasig CityOrdinance No. 40, Series of 2011

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ORDINANCE PROMOTING A HEALTHFUL

ENVIRONMENT IN PASIG CITY.

... i !Y

Authored by: iCouncilor Augiistin Alexee C. Santiago

Co-Authored by: ConncUdrs ' ; > ,

Loma A, Bernardo, Reynaldo R. San Bueiiayeiltura lltilyo Christian C. Bernardo, Christian G Sia, Regino S. Balderralna,

Richard C. Eusebio, Rodrigo B. Asilo, Reynaldo E Raymundo, :Roberto E. Benito, Virgilio I. Del Rosario, Charmie Q. Benilvides,L1GA Pres. Ferdinand A. Avis and SK President Julia Nicole B. Pua

WHEREAS, Section 16, artide 2 of the 1987 Philippine Constitution provides that.the stateshall protect the right of the people tp » balanced and healthful ecology in accord with the thythm .and luifmpny

.pf nattire; , , T JV , fWHEREAS consistent with said Constitutional Provision and with the RA 7160, otherwise

known as the Local GovcmmeirtjCpde of 1391, specificaily '

Sfxtku}; 16, (Generat felfere Ctouse),the City Government has given the prooiotionafa healthful environmental fbr„its constituents, itetop most priority concern;

, ,

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WHEREAS, smoking cigarettes and other tobacco products.have been validated to causeunhealthfijt environment and health hazards resulting to disability, untimely death, additionaleconomic difficulties,- especially among the disadvantaged and the poor, and drains the resourcesof our countr>' that could better be channeled to productive endeavors;

WHEREAS, the World Health Organization (WHO) in its numerous pronouncements has'

called for stronger measures against the health hazards of cigarette/tobacco smoking where re-sources, dreams and lives have been wasted, while a handful tobacco companies are raking inmillions of profits; . , ..

.

WHEREAS, the Philippines is a signatory country to the WHO Framework Convention onTobacco Control in which its Article 4 speaks of'strong political commitment is necessary to takemeasure to protect all persons from exposure to tobacco smoke";

WHEREAS, likewise under WHO'S Principle 1 of its Guidelines on Protection From Expo-sure to Tobacco Smoke, it has declared that "approaches other than 100% Smoke Free Environ-

purpose of this Ordinance, if shall mean as cigarette/tobacco product advertising;Cr Advertiser-a person or entity on whose account or for whom an advertisenient is

prepared and disseminated by an advertising agency; 1D

. Cigarette-any roll of tubular constractkJn which contains tobacco or ite; derivatives and /is intended to be burned or heated under ordinary conditions of use;

E. Designated Smoking Areas-an enclosed public place or open space not frequented by

the non-sttiqkmg public that is physically, separated from non-smoking area wherein measuresare taken to prevent second hand smoke-tomon-smokerc, . ~

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F. Distributor-any person to whom a tobacco product ia delivered onsold for th& purpose

. of distribution in commerce and does not include a manufacturer, retailer or commpit carrier ofsuch products and to be considered as such, has paid the necessary fees; business permit as well,as permit to sell cigaiette&'tobacco products; ; ; , - -(] /. i :

G. Media-any medium of comrriUnication designed to i«ach a mass of people which includesprint media, such as but not limited to newspapers, magazines and pubHcslions; broadcast media

, such as television arid cinema; electronic media, such as but not Gritited to intemeti among others,H, Minar-any person, befow eighteen (18) years old; ''I Manofacturer-any peisd6'.or'enti$ including a repaclM* wtib makes, fabricates, assran-1

bles, processes or labels a priidiict siich as g tt tobac<» product;J

. Perimeter-any point in the boundaries as indicated in the certificate of tittie of a tract ofland that is actually used or occupied % a school ehurch, play ouiid, building dr' er fedlity ;whether or not said tract of land is s nnited i otn adjacent tracts a iraB or fen it klso'

includes 'tneas- such as roofs; tents, awnings and canopies; ,

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K. Person-any person, whether natural or juridical;

U Point of Sales-any location at which an individual can purchase or otherwise obtaincigarettes/tobacco products, it does not include itinerant/ambulant vendors and to be considered'

as such, has paid the necessary fees, business permit as well as peimit to sell cigarette/tobaccoproducts; ~ ,

M. Premises-refeis to a tract of l nd and the building or buildings thereon, including the .open spaces between the budding located on the same tract of land and within the perimeter ofsaid tract of land. .

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N. Promotion-any e*ent or activity oiganized by or in behalf of a tobacco manufacturer, >

distributor, retailer with the aim of promoting a brand of cigarettesAobacco products which suchwould not occur were not for the support given to it or on behalf of tobacco, manufacturer's name,

trademark and logo on non-tobacco product;n Piihiw- raawvantB-modc of transDortation servicing the general public such as but not

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Roberto E. Benito, Virgilio I. Del Rosario, Channife Qi Ben'ftvides,

LIGA Pres. Ferdinand A. Avis and SK President Julia Nicole.

B. Pua

, WHEREAS, Section 16, article 2 of the 1987 Philippine Constitution provides that the statehall protect the tight of the people to a,balanced and healthful ecology in accord with the rhythm .

and harmony of nature;WHEREAS consistent with said Constitutional Provision and with the RA 7160, otherwise

known as the Local Government Code of 1991, specifically Section 16 (General l&re Clause),the City Government has given the promotion of a healthful .envitonmentat for„i(s constituents, itstop most priority concern;

WHEREAS, smoking cigarettes and other tobacco produots have been validated to causeunhealtliful environment and health hazards resulting to disability, untimely death, additionaleconomic difficulties,-especially among the disadvantaged and the poor, and drains the resourcesof our country that could better be channeled to productive endeavors;

WHEREAS, the Wodd Health Organization (WHO) in its numerous pronouncements, has'called for stronger measures against the health hazards of cigarette/tobacco smoking where re-sources, dreams and lives have been wasted, while a handful tobacco companies are raking inmim6nsofprofits;'u ' . < , '

'

. ' ' ,

,

' WHEREAS, ttie Philippines is a signatory country to the WHO Frameworit Convention onTobacco Control in which its Article 4 speaks of'strong political commitment is necessary to takemeasure to protect all persons from exposure to tobacco smoke";

; WHEREAS, likewise under WHO'S Principle 1 of its Guidelines on Protection From Expo-> sure to Tobicco Smoke,

'

it has declared that "approaches other than 100% Smoke Free Environ-; ment including venlil i «r filtration and the use of Designated Smoking Areas (whether with

sepswate ventilation .systems or not) have repeatedly been shown to be ineffective arid there is.1 conclusive evidence; raqtifie and! otherwise that engineering approaches do not protect against; exposure to tobacco smoke" and under its Letter B, "it declares the duty to protect individuals'

from tobacco smoke corresponds to an obligation by governments to enact legislations to protectindividu ag nst threats to thw fludamental rights and freedoms"; .} .

'

i WHEREAS, la additional. Section 24 of RA 8749 otherwise known as the Clean Air Act of

1999 prohibic smoka inside endosed public places; . \,[ -WHEREAS, consistent with die Pasig Green City vision of providingiits citizens of healthy

- enviroturteht bcyotKl progress, iit shall respond to the urgent need of protecting the youth and the\. fiilw gmnations the etem tsidetrimental to tiieir health;

, WHEREAS, the approval of this Ordinance will strengthen toe 100% Smoke Free Policy ofCily Mayor 'Ri9 < E 'e»unoiBtod' last- lO-'Aiignrt IbW- j=,

i >!tBE rt ORDAINED by-the Sangguniang Panhingsod in session duly assembled that1 Section 1: TITLE-This Ordinance shall be known as the Healthful vironinent Ordinance

! 6 2011 ' " ,|', " . imiv--'! . . >'- ',

Section 2: SCOPE-This Ordinance hiall apply to all persons, whether natural dt juridicaland shall take effect within the territorial Jurisdiction of Pasig City.

Section 3: DEFIMTipN OF TERMS-For purposes of this Ordinance, the following termsare defined as follows, to wit

A. Advertisement-any laSUara r audible message disseminated to the public about aparticular product that promotes and gives publicity by words, designs, images or any other

j means thru broadcast, electronic, print or whatever forms of mass media including outdoor adver-V tisemente. such as but not limited to

'

signal tarpaulins and billboards; and for the purpose of thisj Ordinance, it shall be undersfood" to mean cigarette/tobacco product advertisement;> R Advertising-refers to the business of conceptualizing, presenting, making available and

communicating to the puWjc thru any form of mass media, any fact, data or information about theHttrihntes features

, oualitv or availability of consumer products, service or credit; and.for the

as permit to sd! cigarettes/tobacco products; r: <(v»'. ywjr-',-'''-;-' i-. ,

a Medis-any medhim of communication designed to rcacbamass of people'

which indudes

print media, such as but not limited to newspapers, magazines and publications; broadcast mediasuch as television and cinema; dectronic media, such as but not limited to internet, among others;

H Minor-any person, below eighteen (18) years old;L Manufacturer-any persoft or entity including a repacker who makes, fabricates, assem-

bles, processes or labels a product such as cigarette/tobacco product, 'J

, Perimeter-any punt in the boundaries as indicated in the certificate of tittle of a tract ofland that is actually used or occupied by a school, church, playground, building or other facilitywhether Or not said tract of land is separated from adjacent tracts by a wall or fence, it alsoincludes areas such as roofs;

,tents, awnings and canopies;

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. K. PersoiMny person, whether natural or juridical;L. Point of Sales-any location at which .an individual can purchase or otherwise obtain

cigarettes/tobacco products, it does not incldde itinerant/ambulant vendors nd to be conadered'

as such, has paid toe necessary fees, business permit as well as permit to sell dgaid /tobaccopiwlucts;

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M. Premises-refers to a tract of land and the building or buildings thereon, including' the

open spaces between toe building located on the same tract of land and within the perimeter ofsaid tract of land. .- .; ' .

"

- r . ; j .N. Promotkm-any event or activity organized by or in behalf of a tobaoea manufacturer,

distributor, retailer with the aim of promoting a brand of cigarettes/tobacco products which suchwould not occur were not for the support given to it or on behalf of tobacco manufattiirct's name,

trademark and. logo on non-tobacco product, ,

" ".

O. Public Canveyanc mode of transportation servicing the'gen

llriiited to devators, «»calatorf bides taxis, jdeprteys; FXs, Shuttles, tricycle, pedicabs; river

boats antf similar fypes;' '

T' .'

, V"-' i->i.f 1'-

P. Public Pfac ehdc secf

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or confined artasof *ll hospitals, mescal d&ks; laboratories, .schools, public parks, public transportation offK and; ttmiirMs, bmiding such as private and '.public offices, recreational places, shoping m ls, movie hbuses, hotels, moteis.and restaurantsand the like.

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-! ' '' ' ". ' ',Q. Retailer any person who sdls c arettcsi/tobacco products to individuals for personaJ

consumption and to be considered as such, has paid the necessary fees, business permit a wellas permit to sell dgarettes/tohacco products;

,,,, / ."

R Smoking- act of carrying lighted cigarotte/tpbaoco product, whether it is being inhaled Oln0 i'

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S. Smoker-a person crrying lighted cigarette/tobacco product, whether it is being inhaled or

not; '

f

T. Tobacco Product-any product that consist of loose tobacco and contains nicotine and isintended for use in dgarettes, induding any product containing tobacco and is intended forsmoking,

oral or nasal use; . - ; - ! ,

U. Wanung-notioc printed on cigarettes/tobacco products or its container and/or displayedin print or electronics media induding outdoor advertising and which shall bear infotmatioh onthe ill effect or hazards of cigarettes/tobacco product use;

VI Workplace-any place used by people during their employment or work which not onlyindudes drk done for comensation but also voluntary work as well as those places at whichwork is performed but also all attached or associated places commonly used by Workers in the ,course of their employment induding but not limited to corridors, lifts, lobbies, jdnt facilities,

toilets, cateterias, lunchrooms and sheds. , , , - , ti ,

Section 4: HEALTHFUL ENVKONMENT-To promote a healthful environment for theCity's constituents, the following shall be mandated, with the corresponding pefialties for theirviolations thereof:

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PROHIBITED SMOKING AREAS CORRESPONDING

PENALTIESA 1

. Centers of youth activities such as schods, youth hostels, A Letter A, Numbers 1and res fioiuri fiwiUties for per n to 10; . old and other fecilities frequented 1 thcmj A fine Three Thousand

Pesos (PhP3,000.00)

2. All government offices, facilities and vehicles,

whether 1st Offense:national or local;

, i

Smoke cessation herapyi'or fine

,

of Three '

'rh(}usand; "

Pesos {Phi>3;000;00) '2nd Offense:

A fine of Three Thousand

Pesos (PhP3,O0O.0G)

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3. Elevators

, stairwells and escalators; ' . '

4Jn artas as maybe considered by fire services & in placesor locations'm which fife hazards arc present, including gasstations, gais tanks, depots, cargo tniclcs,- taitk vehicles andbarges, and storage areas for flaminablc liquids, gases, ' -1explo6im'

'or-o(miba blfr.ihatkial --../ > ." -! <,

S.Wrthin five m ets(im)around'any tranc«

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arid exit of ..

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any building or fecilhy; -. j, ;-< r , , t6 Within the buildings and premises of public and private

hospitals, health clinics,, medical centers, derma, dental andoptical or yeterinaiy clinics, nursing Jhomes, health centers,

dispensaries and labocatorje .; ; „ ,

7.Public conveyances and public facilities including wait-

ing sheds, toilets and terminal of buses, jeepney, DCs, shut-tles, tricycles, pedicabs, river boats .expect for designatefl smok-H™**'

.

V .... VW, . ., JSj where fo sMe p

9 Inside public buildings or an enclosed public placeincluding public vehicles or in any enclosed area outside ofone

's private residence, private place of wbrk or any dulydesignated smoking area;

lO.Other estoblishmehts that fall within the followingconditions

, to wit

a'

. All enclosed public establishments whc&e owners,

managers or admiriistratois have not yet filed a request or havepending request for the establishment of a designated smokihgarea:- 1. .

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. All enclosed public establishments with preexistingdesignated smoking area that is not yet approved and certifiedby CERNO; ... :

c. All enclosed public establishments which do not have

designated smoking areas for whatever reasons.All of the establishments mentioned in this Section shall be A fine of Five Thousanrf

AY MAPAMINSA LA SA KALUSUGAN NG LAHAT" and in

English: "SMOKINGIS DANGEROUS TO YOUR HEALTHTO OTHERS'

C

,:\) and the l iee in Pilipmi}, "ANG LUGAR NA ITO AY

FARA LANls SA MGA''MAGSISIGAMLV<i* or in English,"This Room is Exclusively

, For Smokers Only".2; Pees to be paid to CENRO: -a

. Filing fee-Two Thousand pesos (PhE2,pOO:00);b Ins Jipn Fee-Five ,Hujidi;cd pesos (PhP5,000.00)

;-

ServicResfrfcted Access to MirioinP/endiHfe Machines and Self Letter

rice facilities- unless the v ding i chm b kmwl&ni m '",

J / K,"

)

for age verification, the sa(e pr distribution of cigarpttes/totacw Cancdlation of Businessproducts to minoi's by

'means of vending machine or any seff Wirait.service facility or similar contraptioDL or devise is pfoliibited.Each retailer shall ensure that all tobacco related vendingjnachinesorseif-sonncedisp ys r - Witi ig JaBitt .

. .. .

and other items that are located in the establishment that do notcomply with the requirenwrnts of this

.Ordinance arp removed' "

immediately* are br u td arimediate i)liancc ttie.

W requitemen6V->,-*S'V5_ rr ,-.r e-' ji..! -'. 'fe

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3. For any minor to distribute, sell or buy cigBrettes/tobacco Number 3:

products , . Section 20 ofRA 9344otherwise known

,as An

Act Establishing Compre-hensive Juvenile Justice

System will apply.

. eati ctcdActs Vi vb M nof -.tbe mitwfs, the .Letta D:..- ,following acts are prohibited: ;

,

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l. For any manufacturer, distributor or retailer Number 1:

including sidewalk or itinerant vendors of cigarettes/tbbacto A finfe of five thdu andproducts to promote, give or convey, sell or distribute any pesos (PhP5,0d0.00) andcigarette/tobacco product or in the form of sweets, snacks or any imprisohinent Ihirt daysobjects in the form

'

of tobacco products or other inercharidise'-or (30);" ?' '

iteins bearing the fiame logo or other indicia of tobacco pidducts ' .'as well as representations or imitations of said'tobacco products 'to any minor, '>-...'

2, For any persons to purchase cigarettes/tobftcco products Number 2i« '

from a minort"'- .A fine of 'one thousand' pesos (PhPl,000.00). and

community work of threehundred (300) hours

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7.Public conveyances and public"facumcs mciuot.. w

ing sheds, toilet and tcnninals of buses, jeepney, FXs, shut- ' ,ties, tricycles, pedicabs, river boats expect for designated smok-ing areas;

, SAreas where fopds are prepared, processed and stored;9

.1nside public buildings or an enclosed public placeincluding public vehicles or in any enclosed area outside ofone

's private residence, private plsice of work or any dulydesignated smoking area;"

''

10;dther establishments that fall within the followingconations, to

,

wit;'' ~~ :„

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' a; Alf enclosed public establishments whose owners,managers or administrators have not yet filed a request or haveperiiUng request for th£ establishment of a designated smokingatfea:n- ; 'i-i. -. f, . < . - . .

b. All enclosed public establishments with preexisting

designated smoking area that is'riot yet approved and certified -CERNO, . / ., .>

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o.AU enclosed public c blishmiente which do not havedesignated smolorig areas for whatever reasons. ! ... :, , ,

: , All of the estabiidunenfe mentioned in4his Section sh ll l?c A sfine of Ffc|p th<?pai>drequired to post visible warning signSjin Klipino, "BAWAL

, P sos CRKPS.OQO.QO) apdMANIGARILYO" and in Eli isH, "NQ.SMOKING" to be imprisonment of fifteenfollowed by in Pilipino,. "ANG PAN1N1GARIYO AY (15) (Mys

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J AMiNSA SA Ljq lQGAM NG. LAHAT" and inEnglish,: "SWOKING IS DANGEROUS TO YOURHEALTH AND TO OTHERS" in conspicuous places Withlegible and visible font All of these signages shaD also bear tbwords in smaller

, legible fonts in Pilipino, "Ordinansang

Paniungsbd Btg " (the Wt ce number of this Ordinance)and in English: "City Ordinance No.

__

" as well as ''PARA

ISl JPLONG ANG MGA tUMMAffAGDrrO, mUgTEXTO TUMAWAG SA

" (the dedicafed number to be usedby Action UM)- in' s 1nbtdol call ortext- ". . -

; by

B :' Designated Smoking Area-All designated smoking areas Bl-2.must be in conformity with the definitions set by this Ordinance First Offense:and its Implementing Rules and Regulations. In addition, the A fine of two thousand

requirements for, establishing such are as follows: (PhP2,00d.OO>,

Second Offense:

a fine of five thousand pesosl

.Efisplay and post conspicuously inside the said (PhPS.OOO.Oj?); '

designated smoking area the following: , ,

Third Offiemie; '

a) a visible picture or grapic based lia rds of smoking as Cancelfafiori of Businessapproved by the Pasig City Healthful Envtioriment Promotion Permii : '5 '':' "Countol iiietouririg at 1 two (2) by fouf (4) fe«;

, b) h w nginPilipino,"ANGPAN

cigarette/tobacco product or in the form of sweets, snacics or any uuin ..objects in the form of tobacco products or other merchandise or (30);items bearing the name, logo or other indicia of tobacco productsas well &s: representations or imitations of said tobacco products . . -to any minor,

2. For any persons to purchase cigarettes/tobacco products Number 2: >

from a minors A fine .of one thousand. .

.. , ; .pesos (PhPUOOD.OO). and. i ; .i community work of three

,

. . < hundred (300) hours

3: For any minor to distnbutc, sell or buy cigarettes/tobacco Number 3i ; .. >products. , , (j - , ;

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. , Section 0 of 9344 |, otherwise; knoMyn as An

Act Establishing Comprc- .;hensive Juy Ue JusticeSystem wUl apply.

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4. For a minor to cany or sriiolce cigartitfea'tebaijeb product Number 4:

Section 20 of RA 9344 |'

' . Vl ' otherwise krtown as'Anotherwise known as'An

ActrEsfab!isbiiig Compre- -i; hensive Juvenile Justice

System will apply' ..

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5. For sending into errant or co-opting a hiinor to buy, Number 5:

distribute * sdl i ttes/totowM products. Elrst OffeA*;' : 'It shall not be a defense for the person listributu conveying, u; fine; of-thousandpesos

selling or buying cigarettes/tobacco products* that he/she did not (Php1.000.00), .

knew or wasnot aware of the i ageof tiie minor. Neither, it-'.;'i< j ,, '.

-M'K-' 1

shall be a defense that he/she did not know or had no any reason Second; Offense: 1to believe that the cigarette/tobacco products was for the .a-fincpf five thousand *consumption of the minor to whom it ms sold. . , .! pesos(phP5,00Q:p0>and

In case of doubt as to the age of the said distributor, seller of community work of , 6 ;? ?buyer, said person shall vprify by any means of valid form of hundred (500) Injurs,

;, iphotognphic tdentifioatkm c« itaining t »_,dtit.at tbe birth'of ! ,

, , Vl, !|

the minor.

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Prohibited Areas fpr P omodon, Distribution, Sellingor Giving-

I

The promotion, distribution, selliri or giving of cigarettes/tobacco products is prohibited within one hundred meters (100

.

m) from any point of the perimeter of learning institutions suchas schools and univetsities. Public playgrounds or other facilitiesfrequented particularly by minors.

.V t

CarideUatibn of Business )I it,a fiiie of three thou - |s4nd

'

peso9(PhP ,00b.a0) Iand imprisonment of tliir- ;ty days (30): :

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Required Signages for Point of Sales-All point of salesF establishments of cigarette/tobacco products shall post inside

and outsufe of the said establishments, the following warning

signages in a clear and visible manner, to wit: in Filipino; ° AlSGpAgbebei ta/pagbibigay ng sigarilyo/PRODU QJN!jCTABAKO SA MGA MENOR DE EljAI)AY LABAtTSA

.BATAS" and in English, .'SAJLE/!DliSTRIBUTIOPf

.

bR PURCHASE BY MIN6RS OFCIGARETT STpBACCO PRODUCTS IS UNLAWFUL,

to be followed in Filipino, ANG PANDVIGARILYO AY

MAPAMINSALA SA KALUSUGAN NG LAHAT" and in

English: "CIGARETTE SMOKING IS DANGEROUS TOYOUR HEALTH AND TO OTHERS". Ail of these signagesshaH also beat the words in smaUer but legible fonts m Filipino,

;

"OrdinansangPanlungBod Big.

"{theoidinariceTiuniberof this Ordinance numb ofstidsClfdinanot aAdjiri Bi shr:"Cify Qnjfrmas No. T ,

'" "Kftihg ordinailce numb if this

Or<Mnance)'as well as "Para;Isu{plong'ang Lunniabag'iMtb,Magtext o Tumawag sa " (the dedicated number to beused by Action Lipe).ahd in English: "To Report Violators, Textor

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Call.'

;;- "Jn adi tion,,a visible picture or graphic taSeSwarning about health effecte or direct or second hand exposureto tobacco smoke as approved by the Pasig City HealthfulEnvironment Council measuring at least two (2) by four (4)feet shall be posted conspicuously inside the said point of salesestablishment. '

Letter F: If the violator ii a juridical person, raid penalty shall be imposed upon its, owner, president ,of general tnariager as the case

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Confiscation of cigarettes/ The community wotk herein provided shall be for the implementation of programs of CEN-tobacco products, a fine RO

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offivc thous|rtd pesos - Section 5: MECHANISMS-' For purposes of ensuring stringent implemcniatiph cif ftjs S

(PhP .OOO andcancella- Ordln ce, the following are hereby mandated to carried'W ' j

tion of Businessperniit of Creation of Pasig City Healthful Environment Promotion Counal- A Pasig Cityoffending cstoUnbment Healthful Environment Promotion Council'is hereby crated <vitii thti pHhiary respohsibility pf j

ensuring the ngent implementation of tfiis Ordinance and provijling procedures fsk (epo'itihg \arid de g'with its olktions, as wek as'iri providing technical arid other services in su jjiort. ;5

Thereof, vrithth<?fcE 6 Chief as its'Chair d e&ityH 7nieeHt leak oivee'a irth

'with '

memti i-oatainii n .&c aitffoifiMi ie|fRH&iti&M of thefollc nVofflcei' th'Mcir corresj 1 '

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G No Littering of Cigarette Butts and Wrappers-Litteringof cigarette butts and wrappers shall be prohibited in all publicplaces in pasig. ,

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Letter C: '. '

A fine of one thousand

pesos{PhP1,000.00), andtwo hbndred(200) houp ofeominiini'y work.

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H . Banning of Advertisements of Cigarettes/TobaccoProducts-Alt kinds of advertisements of cigarettes/tobaccoproducts in all places in Pasig City shall be banned, exceptinside the pretnises of point of sales establishments.

Letter H:

Confiscation of advertisingmaterials, a fine of five thou-

sand pesos (PhP5,000.00)and imprisonment of thirtydays, : XiO) : to the Ordinance;advertiser,adv6rtismg com-pany as well as to the own-er/possessorof venue/con-veyance used

I Banning of Promotiims of Cigarettes/Tobacco Products-All kinds of promotions for cigarettes/tobacco products shallbe banned in all olaces in Fask Citv excect at ooint of sales

, J. Develops and maintains Smoking Secession Program; ' s ' > <

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specially on harmful effects of first hand and secOrid hand smoking as well as on ttie pertinent'

Sioris of R fell arid of fhisO il,11 i'

Cit / Ordinance Police . '.. v: ; "V.

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iMis C OWmonitorin fp ; ' " , "T }

''ZJM ti( NRjO in; gathering r fevarit dati on promdiang healthful enVirimment;3

. Issues Elation tibkets to violators bf is Ordinance.

City Legal Office'1

. Assist? CENRO m reviewing igporta and cornplaints'for violates of Ais'Cfri'nince;2

. Determii Jiatiililies bf vioia'tor tif 'Pasig Statibri1 ofPhiHppinc

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I. Appreherids violators in accordkrice witli provision of this Ordinance;'

;' 2Assists CENRO and deputized Civil Society (Groups iri apprehen hg violatora'and infiling the appropriate complaints.

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. ' ' \Cbmntittee of EnWbrimental Proteofipn: ' . - , '

' , ' ' '' 'Iv Undertafofe its dvmight fijnetions over thi OidinanFour (4) Pasig based Civif Society Groujis.-''1

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Provide assistafice in inspection awj th monitoring violations of this Ordinance;2

. Provide assistance in conceptualizing'promotion of healthful environment IEC materials;3

. Provide assistance in encouraging public and participation in the implementation of thisi if-

4. Partibipate iti Conducting orientation and traihirig seminars on promotion of healthful

environment

Tobacco Coritrol Project Officer:I Acts as the Action Officer bifthe Pasig City Healthful Environment Promoti&i Council,The herein Clerk to be appointed shall act as the Secretary of the Pasig City Healthful

Letter I: Environment Promotion Council,

Confiscation of promotion- B. Budgetary Support - Budget to implement this Ordinance shall initially be sburced fromal materials, a fine of five thf iinnrAioramiruvl hnHoot nf ttw Pitv anrl «V>«n he inotnHivl in thp htw1<wt nf iTKMRO th<>i»«ftpi-

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to tobacco smoke as approved by the Pusig City HealthfulEnvironment Council measuring at least two (2) by four (4)feet shall be posted conspicuously Inside the said point of salesestablishment

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C No Littering of Cigarette Butts and Wrappers-Litteringof cigarette butts and wrappers shall be prohibited in aO publuplaces in Pasig .

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H Banning of Advertisements of Cigarettes/TobaccoProducts-All kinds of advertisements of cigarettes/tobaccoproducts in all places in Pasig City shall be banned, exceptinside the premises of point of sales establishments.

A fine" of one thousand

pesosCPhP 1,000.00) andtwo hundfed(200) hours ofconiniunily work.

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Letter H:

Confiscation of advertisingmaterials, a fine of live thou-

sand pesos (PhP5,000.00)and imprisonment of thirtydays : t30) to

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the

adyertiser,advertising com-paiiy as well as to the own-er/possessorpf venue/con-veyance used

I Banning orPramotions of Cigarettes/Tbbacco Products-All kinds of promotions for cigarettes/tobacco products shallbe banned in all places in Pasig City except at point of sales,establishments

, provided it is within its premises. It shall include,but not limited to the following means: naming of sports teamsand structures

, garments, sports gears, caps and bags; writinginstniments and paper products; raincoats and Umbrellas; toysand replicas and similar items.

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Letter h

Confiscation of promotion-al materials, a fine of five

thousand pesos(PhP5,000.00)and imprison-ment of thirty days (30) tothe promoter, owner/manag-er of productsbeing promot-ed and to the owner/pos-sessorof the venue used.

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, Banning of Sponsorships of Any Activity-Alt kinds ofsponsorships shall be banned directly or indirectly by tobaccocompanies or by any entity or individtial of any activity to beheld in Pasig Ci y. The Ban shall include but not limited to thefollowing activities: sports, concerts, quizzes, educational, arts,cultural, environmental and entertairtmeni Provided, that the

attribution only to the name of the cdmpany in- the roster,

of

sponsors shall be allowed.

Letter J:

A fine of five thousand pe-sos (PhP5,000.00) and im-prisonment of thirty days(30) for the sponsor andsponsored individuals or en-tity.

K No Issuance of Permit to Sell Tobacco Products

After the approval of thk Orfinance. the Btisjness Penrut . 15 and License Office shall cease fironfeissuuig business permitsand licenses to business establlsliments who are selling

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cigarettes/tobacco products and are operating within theprohibited one (100) hundred meter rtdiiis from any point of 2nd Onen86 " 30 daysthe perimeter of learning,

institu|ions such as schools and suspensionuniversities, public playgrounds oi> other facilities frequentedparticulariy by minors.. Likewise, it shall regularly provide the 3rd Offense - DismissalPasig City Healthful Envirppnent Promotion Council with a fro,n the servicelist of persons who were issued permits to sell cigarettes/tobaccoproducts together their exact business locations. ...... iv„ ,. . , ... .

Letter K:

' " 2:AsSl3ts cl-MKU in garnering relevant oaia on pruinumi jmuuum vuvuuiU.. u>,3

, Mues citotiOVi ii ets to violator if this "

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?city Legal office;;

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. Assists tte 6 fc reviewing reports and complaints for violations of this Orilinance;

' 2: Detennihea li tids of violaWotthis Oi J1'"'WigStation-b tiilii atten

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. Apprehcrtds viblators in accordiahce with provisions of this Ordinance; * \2Assists CENRO and deputized Civil Society Groups in apprehending violators and in >

filing the appropriate complaints. |Committee of Environmental Protection: ' . |

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1; Undertakes its oversight functions o«er this Ordinance. ' '

jFour (4) Pasig based Civil Society <5roii|)s: ' -

'! T. Provide assistance in inspection and in monitc g wolations of to ;

2. Provide assistance in conceptualizing promotion of healthful environment EC materials;

3. Provide anistaiioc m-encounging piifiUc'aiKl initmpafiim Mvtlieim <>i itainn' 'Ordinance; , i

4. Participate ih oondbcting'orientation and training semirtars on promotion of healthftil- f

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environment. , ' ''. n

Tob&cb Control Projfcirt Officer' ' .

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1 Acts as the Atftfon Officer of the ;Pasi :City HcatAful Environment Promotion Council. ;: The herein Clerk to' be appointed shall act as the Secretary of the Pasig Citf Healthful

Environment Promotion Council. ''

' - f :'B Budgetary Support - Budget to implement this Ordinance shall initially tic smirced from r

the uriprogrammed buidget of thcCiiy wid diall W included iii th6; budgctuffeb d' thereafter, i( C. Implementing Rules and Regiibitlons - for the proper guidance cif its stakeholders aswell as that of the Pasig City Healthful Environment Promotion Council, the CENRO Chief; .t ethec.

with City health Officer, the: City Legal Officer and the Chair of the Committee on ;Environmental .protectj ri sJjall craft the Implementing |Lulea and Regulations of this Ordinaucp 'within thirty;.QP m . ! .. .- y:- .

D. Curriculum - the matters of ill effects/health .hazards, pf pigatette/tobaijco poking, aswell as of this Ordinance shall be included in all schools, eollegw/umversitics and technical/ <voeational schools in Pasig City in the subject deemed appropriate by the Division of City ,Schools, the Commission on Higher Education (CHEDj) and the Technical Educatibn arid SkilfeDevelopment Authority <TESDA), after proper representations have been made With theseagencies. !

E. Information Dissemination - ihe Healthful Environment Proraotibh Project Officer |shall lake charge in conducting massive educational, information and communications,activitiesas a component of its projects and stervjees with th? active support of the Public InformationOffice and City Health 6ffice;

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F. Reports - the Healthful Environment Promotion Project Officer shall regularly submit

reports on the accomplishments of its projects and services j issues and concerns on promotionof healthful environment as well as the acwmplishiHents ' fthe P'asig Cjty HeaWhfijI Environ-ment Promotion Counidf to the CENRO Chief; the City. Mayor, the City Council and

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V eney Committee - Tobacco (IAC-Tobacco);G Youth Against Cigarettes Smoking (YACS!) - CENRO shall immediately establish the

YouUi Against Cigarettes Smoking among the yputh.and students of PasigCily with,the:end viewof inculcating the promotion of healthful environment as well as (be hazafdous cfTecls of ciga-rette smoking and mobilizing their participation in the promotion of h a|thfiilenvironmentcampaign of the City Government,

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H. Smoking Cessation Clinic - The City Health Office shall establish a Smoking Cessa-tion Clime to assist walk ih smokers who want to quit fro their smoking addiction/deixshdence. - - -

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8 If Tito APJUL12,2012 HUWEBES

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the ambulant cigarptte vendors. Likewise

, the City Liyelihood Envelopment Council shallextend training and facilitation of seed .money for the said an bulant cigarette vendors coop ra-t'v63;

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J. Rating System and Recognitkin - to encourage voluntary compliance, the Healthful

Envirojryneijt Promotion Project Officer shall, develop a rating systerri on vqluntery complianceand undertake a jroprwle recdgnitionJaw a the rof tp be heid.during the celebration ,of WorldNo T acco Day, .

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.n u ,, ,K. Impact Evaluatloa - Every two (2) years a ter the approval of Has Ordinance, the Pasig

City Heajtiiful Enyin e tl'nwoticm . t iUania th Comnjitteef on Environmcpt Prptection ,sh e nijuct an in .ie tiation.pn tiijB i eip talioa.of (his Ordinance and.sijbitnjt a oorre-spoiiiiiftg jeport and recommendations fpijle ecufiye and legislative actions . '

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IL D cated. T phon Nuniber <rt - to enhance i nnation, dissemination,, )- preli«ais|on of violators arvyptii

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people's participation jn the Implementation pf this Ordinance, .Action Line shall allot and maintain a dedicated telephone number/hot line towards tfiq-attain- ,

raent of the aforecited objectives; ' . , - . oc X VT Jf Y

M, Jfeseolfte Cpr.Kiift!) * pf % bniiiM w - '

fifteen .je. Xof p d.fay the 52 80Bhf TS Pf *

fine paid by the apprehend yioiat of this prfinancc shaU accrue to the deputized epfor r ' Smm*

K- No Contest Oouse - Person who yiolaite tiiis C mte di i»;app |ie d§4;j}ry?i d ifor such violation and who do not wish to contest the s id violation and if . Img.to psvoluntarily within three (3) .working i ays from apprehension the fine imposed upgn

.tjjfeni prior

to th& filling of formal charges the jjropejr .court shall be .allowed to pay the correspondingfines with the City treasure's Office tp

.ayotji being criminally prosecuted. This provision can beavailed by persons liable only once and shall not cover the penalty of cqmrnjinity work, .

Section 6: PEOPLE'S PARTICBSATIOtSf - to enlace .governance, people's participation

is encouraged by drawing in the voliint ry participatio ofCivii Society Oroups in information Aldissemination and reportii of violators bf this Ordinanpel, C NRO.jsbail; als deputize, uponappropriate screeni , propei; oriwtetifaij jbr na

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m . K t ihending violators. Aside from se jies jedfjpatioii an f,< oe aotijotiei shaUbe accorded them. ,

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.;.., ,. ; j.V i.'- rSection 7. INTERFERENCE - Any person who shall i terfaw, obstruct or oppo|se any !

official or employee of the CENRO or(any other duly .deputized person in the perftnnance oftheir duties in the implementation of this Ordinance, or shall tear down, mutilate, defkoe

ror alter

any billboard, tarpaulin, streamer, poster or simiiar notices ffixed in any premises in t e en-forcement of this Ordinance shall be

. penaiized vyith a fiiK, ofil>hE50p.flQ or imprisonment of

thirty {30) toys or both upon the discretion, of jthi; court.'

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Section 8: CITIZENS SUITS - For the purpose of enforeing the provisions of this Ordi-nance, any bona fide Pasig City resident may file an approprmte. civ% crimii adtninistrativeactioii in proper courte odies agairiat \ .

1. any person who violates or ftils to comply with any of the proviricms pf ttosfprdinance;

2. any Pasig City Official, Employrt or depuljzwd pwson, who wi|lfidiy or grossly neglects

the performance on an act specially enjoined as a duty by this Ordinance oi; abuses his/herauthority in the performance of his/her duties; or in any manner, improperly performs his/herduties under Ordinance,i. ,

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Provided, however, that no suit can be filed until after thirty dav (30 notice has been niven

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ISfiAN C. BERNARDO .

uncilor '

R RICHA EUSESIO. I!

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R .qinos;balderrama

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is encouraged by Srawmg m th voiumaryTMx .;dissemination and reporting of violators of this Ordinance, CENRO shaJJ aiip

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dcp'ufizc, uponappropriate screening, proper orientation and training, their membe in; reporting and appre-hending,

violators. Aside from these, values education, and other self enhancement activities shallbe accorded them.

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Section 7. INTERFERENCE - Any person who shall interface, obstruct Of oppose anyofficial or employee of the CENRO orsany other duly .deputized person in the performance oftheir duties in the implementation of this Ordinance, or shall tear down, mutilate, deface or alterany billboard, tarpauiin, streamer, poster or similar notices afSxcd in any premises in the en-forcement of this Ordinance shall be penalized vvith a fiiu; of PhPSOO.JJO or,inipri89nni«nt of :

j tsb) days or both upc n the discretion, of jfhfj court.

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Secttoii «:"cmZfiNS SUTTS - For the purpose of enforcing the'

provisions of ;this ,0rdi-nance, my bona fide Pasig Ctty resident may ffle an appropriate ciyiji criminal op administrativeaction in fffppcr courfe/bodies against:

1. any person who violates or fails to comply with any of the provisions this iQrdinance;

2. any Pasig City Official, Efi k depi ,!! 'the?j)etfor cc on n act spccialljr e oii ci- wti

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4 '$$$ n ei?-< -a%fM lifsflierautiiority in the {wrfomiahce of hisAier duties; or in any mani rimpfpijsfty performs,

his/her

d s iin OnHnance.,, . r.u/i.rE VI-' t ' "

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coyided, bowever tlnt |ib. mut <m.te.fili untai er.tMi <W Q9> (iliqe. ikb Bp ynpac' to the

.paid public officer anc( the aUcge ;violator(op?K!?nicdt nd no-appropriate action jhas, beentaken thereon. :'; «..» . -'i . u Mi "."Al" '. ,i ' ,...<< - .'

. ;the event the said bona fide Pasig City Wsklent ahould tirewiUv the eourtr shall aWardrrasona le attorneys fees,.'moi 'damage*OT

Sectioa 9; SUITS AND STRATEGIC ACTIONS, PUBLIC PA TIOTAtlON ANDENFORCEMEt OF THfe ORDINANCE - Where a suit is flight agam any person who .frted an action as proviefcd for on Sectibii of this Ordinance, or against any person, office ordepartment that implements this Ordimmcie, it shall be the,.duty of the pity Prosecutor toiinthediately make a determination not exceeding thirty days (30) whether said legal action hasbeen filed to harass, vex, exert undue pressure or stifle such legal recourse of the person com-plaining ofor enforcing the provisions of this'Ordinance. Upon determination tilereof. evidencewairanting the same; fte City Prosecuto ' 11

- -ThisVovision shall Mso apply ahd bcritA'

PaS% City Officials afid Employees who weresued for acts committed inn their official capacity, there being no grave abuse of authority and

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Section W: Mi eU nWffis l joii?-, l, Separability ClMue r if any part.Qf jt nanc j*declared asTinconstitutional.orunlawful, such declaration shall not affect die other, parts or sections, hereof that are not declaredunlawful or unconstitutional. - .

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. Repealing Clause - all previous ordinance and executive orders inc6nsisfeht with thisGMin shall be deemed repealed or m< ifi a rdiri ' ' :

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. Ef fectrvitj Clause - it shall be efefectivfc immediately upon publication of ttiii Ordinancein a generally circulated publication in Metro Manila.

APPROVED, this 15th day of December 2011 at Pasig City.f ?'

WRSHtorBBTROSARlOCou-Tcior

iVfeiwity floor Uactef

Attested by:

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