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Thursday, August 31, 2006
Anti-smoking law still unrefined
By Lory Ann B. Bilbao
THE CITY Council Wednesday adopted the Comprehensive Anti-Smoking Ordinance (Caso) that was endorsed but still fully unaccepted.
Yes, the Caso was legal and valid, said Councilor Ed Peñaredondo but the definition of 'enclosed area' remains unclear, thus it was excluded from the adopted ordinance.
Councilor proponent Julienne Baronda said she has expected that the exclusion would happen because the national law itself has not clearly defined the covered area of implementation of the anti-smoking ordinance --- "enclosed area."
She cited the reference of her amendments to the earlier questioned definition of the 'enclosed area,' in her ordinance.
In the amendments of the Tobacco Regulation Act of 2003, an enclosed area was defined as "areas physically, separated from adjacent areas by walls or partitions and roofing or ceiling. The walls or partitions must be continuous interrupted only by doors and windows. The mere presence of a roof or ceiling over the structure but without walls, partitions surrounding said structure does not constitute and enclosed area."
Baronda said her committee was yet to consult the state prosecutor and higher courts as to the certain definition of such.
During next week's session, the Caso might be wholly polished and will be ready for its full implementation, said Baronda.
Business owners covered by the Caso are saved from criminal liability on their customer's violation but they are still liable to monetary sanction granting their customer violated the ordinance.
The sanctions are P500 for the first offense, P1,000 for the second and P5,000 for the third.
Though they were excluded from their customer's criminal liability, they would remain bounded by their moral and social responsibility said Baronda.
(August 31, 2006 issue)
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