Lawyer April Otcheco, city legal counsel, said the federation of tobacco companies in the Philippines filed a Special Civil Action versus the City of Balanga on July 2017 in a Bataan Regional Trial Court.
The amended ordinance enacted on September 2016 among others bans “selling, distribution, using, advertising and promotions of tobacco products within the declared University Town area of the city and within a radius of three kilometers.”
The ordinance includes total ban on designated smoking areas in any establishment within the U-Town area and three kilometers from the radius.
“The petitioners alleged that the ordinance affects their right to conduct business but the city’s position put more emphasis on the life and health of residents of the city,” Otcheco said.
The city passed a No Smoking Ordinance in 2008 to protect the health of constituents, especially students, Otcheco added.
She said that city officials decided to enact the No Smoking ordinance based on results of studies by the City Health Office under Dr. Mark Banzon that showed that smoking was one of 10 leading causes of death in Balanga.
Otcheco said the amendment gathered 32,000 signatures in support of the tobacco- free movement and the promotion of healthy lifestyle. “We are also guided by the Local Government Code and national health laws,” the lawyer said.
She said she was hopeful that the RTC judge will give more weight on the position of the city.
The lady legal officer said that she learned that many LGUs want to copy the ordinance of Balanga regarding tobacco regulation.
“Kapag natalo ang kaso, definitely maapektuhan ang tobacco regulation sa national level. Mahihirapan ang mga LGUs na mag-regulate o mag-enforce ng No Smoking at tobacco use in their respective jurisdiction,” she said.
“This is the first ordinance being questioned on the autonomy of LGUs to pass ordinance regulating business related to tobacco. Hindi lang ang Balanga ang affected kundi ang buong Pilipinas,” Otcheco said.
City Mayor Francis Garcia said they were serious in the No Smoking campaign.
He said the city is a Hall of Fame Red Orchid awardee having received the awards for three consecutive years from the Department of Health.
Balanga has also received international awards and recognized as a “healthy city” being a smoke-free city.
“We have created a health promotion board that focuses on the health of our constituents,” Garcia said.
Sangguniang panglungsod member Jett Nisay said Balanga has the only tobacco-free generation ordinance in the Philippines and the world.
The city patterned its no smoking program with that of Singapore but was first in passing the ordinance.
Nisay sponsored the Tobacco Free Generation Ordinance that was approved in September 2016.
“Ang mga taga-Balanga na ipinanganak sa taong 2000 onwards ay hindi na papayagang manigarilyo tumuntong man sila sa legal age,” the city councilor said.
