Republic of the Philippines

AUTOMOUS REGION IN MUSLIM MINDANAO

Province of Maguindanao
Municipality of Parang
BARANGAY NITUAN
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Office of the Punong Barangay
EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE
SANGGUNIANG BARANGAY OF NITUAN, PARANG, MAGUINDANAO HELD AT
THE BARANGAY HALL ON JANUARY 23, 2017 AT 9:00 O’CLOCK IN THE
MORNING.

Present:
Hon. Precious Johanney D. Biruar
Hon. Filomeno B. Bebit
Hon. Consuelo H. Bebit
Hon. Florencia S. Masukat
Hon. Salik A. Ramalan
Hon. Odin U. Sanday
Hon. Faisal K. Fernando
Hon. Mohammad G. Adam
- Punong Barangay
- Barangay Kagawad
- Barangay Kagawad
- Barangay Kagawad
- Barangay Kagawad
- Barangay Kagawad
- Barangay Kagawad
- Barangay Kagawad

Absent: None

RESOLUTION NO: 03
Series of 2017

A RESOLUTION ADOPTING THE MUNICIPAL ORDINANCE NO. 09-04 ALSO

KNOWN AS THE “ANTI- SMOKING ORDINANCE OF PARANG, MAGUINDANAO”

WHEREAS, RA 7160 otherwise known as the Local Government Code of 1991

accords every local government unit the power and authority to promote the general
welfare of its constituents within its territorial jurisdiction, including the promotion of
health and safety of its people;

WHEREAS, RA 8749 otherwise known as the Clean Air Act of 1999 declares the
right of every citizen to breathe clean air, prohibits smoking inside and enclosed public
places including public vehicles and other means of transport and directs local
government units to implement this provision;

WHEREAS, it is the policy of Barangay Local Government Unit of Nituan to

promote the health and welfare of its constituents and safeguard public health and
ensure the physical well-being of smokers and non-smokers alike by discouraging
cigarette smoking and tobacco use;
 WHEREAS, scientific and statistical findings reveal that smoking and the effects
of second hand smoke pose serious hazards to persons who are I n the presence of the
smokers;

WHEREAS, thousands of Filipinos who have been affected addicted to tobacco

smoking die due to lung cancer, chronic obstructive pulmonary disease, coronary artery
diseases or cerebro-vascular diseases and exposure to second hand tobacco smoke
also causes numerous health problems;

WHEREAS, the right of the general public to cigarette and tobacco smoke-free
environment shall be ensured by a ban of smoke on public conveyances, in all public
buildings and enclosed public places;

NOW THEREFORE, in motion of Hon. Kagawad Consuelo H. Bebit, jointly

seconded by Hon. Kagawad Florencia s. Masukat, the body resolved as it is hereby
resolved to enact this ordinance:

Ordinance No: 01-17

Series of 2017

PRESCRIBING THE COMPREHENSIVE GUIDELINES IN THE PROHIBITION OF

SMOKING IN BARANGAY NITUAN AND PROVIDING PENALTIES FOR ANY
VIOLATIONS THEREOF.

Section 1. This barangay ordinance shall be known as “BARANGAY ANTI-

SMOKING ORDINANCE OF NITUAN, PARANG, MAGUINDANAO

Section 2. Definition of terms- as used in this ordinance, the following terms shall
have the meaning ascribed to them in this section, unless the context of their usage
indicates another meaning:

Cigarette- roll of finely cut leaf tobacco, or any substitute thereof, rapped in paper
or any other material.

Electronic Device systems- refer to any device such as electronic nicotine device,
electronic cigarette and similar devices, whether or not it is used to deliver nicotine to
the user that resembles the outward appearance of real smoking products.

Cigar- a small roll of tobacco leaves prepared for smoking.

Public conveyances- mode of transport servicing the general public, such as, but
not limited to vans, townaces, jeepneys, tricycles, payong-payong and other similar
vehicles.

Enclosed public place- refers to a building or any other enclosed structure,

whether government or privately owned, that is open to the public by general invitation
or otherwise, such as but not limited to private workplaces, offices, schools, hospitals,
medical clinics, markets, restaurants, lounges, comfort rooms, auditoriums, session
halls, terminals, gymnasiums, libraries, courtrooms, grocery stores and other similar
places where smoking may expose a person other than smoker to tobacco smoke. The
imposition of an entry fee, use charge, membership requirement or other condition of
entry to an enclosed area shall not prevent its constitution as a public place; provided
that admission is granted on a uniform basis to persons who meet the established
criteria for use or admission.

Smoking- the act of carrying a lighted cigarette, cigar or a pipe whether or not it is
being inhaled or smoked.

Designated Smoking Area- refers to an indoor area where smoking is allowed,

physically separated from the declared smoking-free area, equipped with effective and
strong ventilation so that smoke emanating therefrom does not drift, permeate, or
recirculate into any smoke free area by continuous floor to ceiling walls which are
interrupted only by doors which must be constantly closed except during ingress or
egress.

Minor- person under eighteen (18) years old.

Section 3. Smoking is strictly prohibited in all public places in Nituan, Parang,

Maguindanao except in designated smoking areas. Provided however, that the following
public places are hereby declared as absolutely smoke-free areas:

a. all government/public buildings

b. schools in all levels;

c. all enclosed public places with an area of less than one hundred (100) square
meters. In relation to the above section, any person having ownership, possession or
control of a public places not otherwise as declared absolutely smoke-free area may
designate separate smoking areas. In the absence of designated smoking area, such as
public place shall be declared totally a non-smoking area.

Section 4. Strictly prohibits the selling of any tobacco products or electronic device
systems and the likes to minor or buying of any tobacco products or electronic device
systems and engaging minors in the promotion or advertisement of any tobacco
products and an errand to buy tobacco products.

Section 5. It is likewise declared unlawful to smoke cigarette, cigar, pipe, e-cigarette and
the likes in public conveyances plying in the area of jurisdiction of Barangay Nituan,
Parang, Maguindanao.

Strict observance for drivers of public conveyances to require them to post the
No Smoking sign inside their vehicle as per Municipal Ordinance No. 09-04 and
Barangay Ordinance No. 01-17 upon entering Barangay Nituan’s Area of Jurisdiction.

First offense: render 1 day community service

Second Offense: fine of 300.00 Php and 2days community service
Third offense: fine of 1000.00 Php and/or imprisonment of 6 days

Section 6. Any person found violating any provision of this ordinance shall be penalized
as follows:

First Offense: render 1 day community service

Second Offense: fine of 300.00 Php and 2days community service
Third Offense: fine of 1000.00 Php and/or imprisonment of 6 days
Section 7. If any provision of this ordinance is declared unconstitutional or illegal, the
same shall not affect the validity and effectivity of the other provisions hereof.

RESOLVED FINALLY that copies of this resolution be furnished to Hon. Ibrahim

P. Ibay, DMD, Municipal Mayor, Parang, Maguindanao and all concerned for their
respective information and appropriate action.

Carried and approved this 23rd day of January, 2017.

I hereby certify to the correctness of the above-quoted resolution of the

Sangguniang Pambarangay of Barangay Nituan, Parang, Maguindanao.

Prepared by: Approved by:

EVELYN D. SUMAYOP PRECIOUS JOHANNEY D. BIRUAR

Barangay Secretary Punong Barangay