Monday, July 10, 2006
Anti-smoking law clause unconstitutional: lawyer
By Jay Dooma Balnig
THE president of the Integrated Bar of the Philippines (IBP) Iloilo Chapter recently lambasted the penal clause of the Amended Anti-Smoking Ordinance duly implemented by Councilor Julienne Baronda.
Lawyer Hanz Sayno joined the shot of former Vice Governor Ramon Duremdes, a constitutionalist and professor of Central Philippine University College of Law, claiming that the penal provision of controversial ordinance is not appropriate.
They are questioning the Section 2 as amended to Section 6 of the Regulation Ordinance 2002-225.
The said provision provides, "Section 6 Administrator, owner, operator or manager of any establishment referred in Section 1 hereof shall be held liable with any person caught smoking inside the establishment in an area not designated for smoking and be penalized with a fine of P1,250, provided that, for the second violation, a fine of P4,000 shall be imposed; provided that, for the third violation, a fine of P5,000 shall be imposed and automatic suspension of business permit for one week; provided, further, that for the fourth violation a maximum fine of P5,000 shall be imposed and cancellation of the business permit upon proper recommendation of the Iloilo Anti-Smoking Ordinance Task Force to the City Mayor."
Sayno and Duremdes find the provision non-constitutional.
"Why pass the criminal liability of the customer to the mall owner of manager?" Sayno said.
To date, members of the City Council agreed that the Iloilo City Anti-Smoking Task Force will continue to implement the said defective anti-smoking ordinance except the broad and questionable provisions.
(July 10, 2006 issue)
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