SED lex, dura lex. Even non-lawyers get to understand this Latin phrase in fourth year high school or freshman college. It translates to “The law is harsh but it is the law.”
Last month, the Bacolod Traffic Authority Office (BTAO) arrested several cigarette smokers inside jeepneys at the downtown area.
Some of those arrested argued that they were unaware of the smoking ban, or have no money to pay for the penalty. “However, ignorance of the law excuses no one and they should pay the penalties. If they fail to pay within 72 hours, charges will be filed against them for violation of City Ordinance 641,” said Superintendent Luisito Acebuche, BTAO head.
Smoking ban violators face a fine of P500 for first offense, and were given citation tickets to pay their fines within 72 hours.
Oh, sometimes I like this Negrense tikal, of Negrense exceptionalism.
While the nationwide smoking ban was enforced starting July 22, the Bacolod City Government has been implementing the City Ordinance 641, Series of 2013, which regulates smoking in public places, including public conveyances, and advertisements, promotions, and sponsorships of tobacco products.
And now we get this news titled “DILG to LGUs: Schools, hospitals should have no designated smoking areas,” from the Department of the Interior and Local Government website.
It seems that the national government is a Johnny-come-lately to that of Bacolod City.
Local government units (LGUs) must ensure that there are no designated smoking areas (DSAs) in public places, such as schools and hospitals, as well as in other recreational facilities for minors.
A DSA refers to an area of a building or conveyance where smoking may be allowed, which can be an open space or separate area with proper ventilation, subject to specific standards.
DSAs shall not also be located in or within 10 meters from the entrances, exits or any place where people pass or gather, or in front of air intake ducts. DSAs shall have “Smoking Area” signage; graphic health warnings on the effects of tobacco use; and prohibition on the entry of persons below 18 years old.
I have yet to see any graphic art on tarp posters or graphic warnings against smoking.
In a directive, the DILG said that LGUs must strictly observe and comply with the provisions of Executive Order 26 which categorically states that no DSAs should be established in public places.
But I still do see smokers in public places such as the sidewalks even outside the Hall of Justice. LGUs are expected to implement the standards, specifications and putting-up of signage for DSAs for the efficient and effective implementation of EO 26.
Yes, indeed. Sed lex, dura lex.
(bqsanc@yahoo.com)