REPUBIC OF THE PHILIPPINES CITY OF ILIGAN

OFFICE OF THE CITY LEGAL OFFICER

September 7, 2009 HON. LAWRENCE LL. CRUZ City Mayor Iligan City OFFICE OF THE SANGGUNIANG PANLUNGSOD Iligan City

Dear Sirs: Referred to this office for comment is the legality or validity of the City Ordinance No. 1826 or otherwise known as AN ORDINANCE BANNING SMOKING INSIDE PUBLIC UTILITY PASSANGER VEHICLES OPERATING WITHIN THE CITY OF ILIGAN. This office is of the opinion that the subject ordinance is not contrary to existing laws or the Constitution. It is well-settled that pursuant to the general welfare clause in Section 16 of the Local Government Code of 1991 (RA 7160), local government units are empowered to enact ordinances in the exercise of police power. Every local government unit has the sworn obligation to enact measures that will enhance the public health, safety and convenience, maintain peace and order, and promote the general prosperity of the inhabitants of the local units. Thus, taking into consideration that smoking especially in public endangers not only the health of the smoker but also that of the others, the City Government has a valid reason for banning smoking in public utility jeepneys. However, for its effectivity, the subject ordinance which contains penal sanctions, is required to be posted at prominent places in the City of Iligan for a minimum period of three (3) consecutive weeks and shall also be published in a newspaper of general circulation within the territorial jurisdiction of the City of Iligan. For your honors guidance.

Atty. xxxxxxxxxx City Legal Officer