ORDINANCE NO. 424 Series of 2025 (2022-2025) COMPREHENSIVE SMOKE-FREE AND VAPE-FREE ORDINANCE OF THE PROVINCE OF CAPIZ

By Capiz Times Staff | July 7, 2025  

EXCERPTS FROM THE JOURNAL OF THE REGULAR SESSION NO. 147-2025 OF THE 11TH SANGGUNIANG PANLALAWIGAN OF CAPIZ (TERM 2022-2025), HELD IN THE HALL OF VICE GOVERNORS, CAPIZ PROVINCIAL CAPITOL, ROXAS CITY ON JUNE 02, 2025

                                      Hon. JAIME O. MAGBANUA

      Vice Governor 

     Presiding Officer   

Present:

Hon. ELMER P. AREVALO                                           – Member

Hon. GILBERT O. ARDIVILLA                                        – Member

Hon. ALDWIN A. CRUZ-AM                                           – Member

Hon. JONATHAN B. BESA                                             – Member

Hon. NERIZA JOY G. SAN FELIX                                   – Member

Hon. BLESILDA P. ALMALBIS                                        – Member

Hon. CECILIO F. FECUNDO                                          – Member

Hon. THEA FAITH T. REYES                                         – Member

Hon. TRINA MARIE A. IGNACIO                                    – Member

Hon. RAFE D. LALUMA (IPMR)                                       – Member

Hon. PRINCE ROVIC F. GARDOSE    (PSK Fed. Pres.)   – Member  

                                                                                      Ex-Officio

                        Official Travel:

Hon. PAUL IVAN R. BATICADOS (PCL Fed. Pres.)          – Member

  Ex-Officio

Hon. NICO A. YAP   (LIGA Fed. Pres.)                            – Member

                                                                                      Ex-Officio

                        Absent:

Hon. JOSE FULGENCIO A. DEL ROSARIO                    – Member

                                                                                      (Sick Leave)

xxx                                                           xxx                                                                   xxx

         ORDINANCE NO. 424

Series of 2025 (2022-2025)

COMPREHENSIVE SMOKE-FREE AND VAPE-FREE ORDINANCE OF THE PROVINCE OF CAPIZ

Authored by:

Hon. Thea Faith T. Reyes

WHEREAS, the Republic of the Philippines as a party to the World Health Organization Framework Convention on Tobacco Control (FCTC), gives priority to the right to protect public health and to promote measures of tobacco control based on current and relevant scientific, technical and economic considerations, and agreed to implement all the measures provided in the treaty;

WHEREAS, Republic Act No. 7160 otherwise known as the Local Government Code of 1991 accords every local government unit the power and authority to promote the general welfare within its territorial jurisdiction, including the promotion of health and safety of its constituents;

WHEREAS, the Republic of the Philippines signed and ratified the Convention on the Rights of the Child (CRC) which recognizes children as persons with rights and entitlements. Article 4 of the CRC mandates that “States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation”;

WHEREAS, Republic Act No. 9211 also known as the Tobacco Regulation Act of 2003 prohibits smoking in certain public places whether enclosed or outdoors in certain places, prohibits the purchase and sale of cigarettes and other tobacco products to and by minors and in certain places frequented by minors, imposes bans and restrictions on advertising, promotion, and sponsorship activities of tobacco companies and directs local government units to implement these provisions;

WHEREAS, Executive Order No. 26, Series of 2017, mandates the designation of smoking area in an enclosed building, private or public;

WHEREAS, Executive Order No. 106, Series of 2020, which amended Executive Order No. 26 series of 2017, directs local government units to adopt and implement the nationwide smoking and vaping ban and to strengthen existing measures on access restriction, including the regulation on sales, distribution, and availability of cigarettes and other tobacco products, electronic nicotine and non-nicotine delivery systems (ENDS/ENNDS), heated tobacco products (HTPs) and other novel tobacco products;

WHEREAS, Republic Act No. 8749 also known as the Philippine Clean Air Act of 1999 declares the right of every citizen to breathe clean air, prohibits smoking inside enclosed public places including public vehicles and other means of transport, and directs local government units to implement provision;

WHEREAS, scientific evidence has unequivocally established that tobacco consumption and exposure to tobacco smoke can cause death, disease and disability, lead to devastating health, social, economic and environmental consequences and places burdens on families, on the poor, and on national and local health systems;

WHEREAS, the province of Capiz, likewise, recognizes the fundamental and irreconcilable conflict between tobacco industries’ interests and public health policy, and realizes the need to be alert to, and informed of, any effort by the tobacco industry to undermine or subvert tobacco control efforts;

WHEREAS, the Civil Service Commission Memorandum (CSC) Circular No. 17, Series of 2009 prohibits smoking in premises, buildings, and grounds of government agencies providing health, education or social welfare and development services such as hospitals, health centers, schools and universities, and colleges and provides for specific requirements for designated smoking areas;

WHEREAS, the Civil Service Commission – Department of Health Joint Memorandum Circular No. 2010-01 also prohibits government officials and personnel from interacting with the tobacco industry and those representing their interests unless strictly necessary to effectively regulate, control, or supervise them;

WHEREAS, Republic Act No. 11223 otherwise known as the Universal Health Care Act of 2019 directs local government units to enact stricter ordinances that strengthen and broaden existing health policies and implement effective programs that promote health literacy and healthy lifestyle among their constituencies to advance population health and individual wellbeing, reduce the prevalence of non-communicable diseases and their risk factors, particularly tobacco and alcohol use;

WHEREAS, Republic Act No. 11467, which amended the National Internal Revenue Code of 1997, mandates the Food and Drug Administration (FDA) to periodically assess and regulate the manufacture, importation, sale, packaging, advertising, and distribution of vapor and heated tobacco products, including banning the sale of these products to non-smokers and individuals under age of twenty-one (21), as well as prohibiting flavored variants. Local government units, in the pursuit of common health goals, must then act to ensure effective enforcement of these measures within their jurisdictions;

WHEREAS, the passage of Republic Act No. 11900 or the “Vaporized Nicotine and Non-Nicotine Products Regulation Act requires the amendment and revision of Ordinance No. 010, Series of 2017 (2016-2019) or the Consolidated and Comprehensive Anti-Smoking Ordinance of the Province of Capiz” to conform with the national law;

WHEREAS, Republic Act No. 11292 or the Seal of Good Local Governance Act of 2019 measures, among others, the local government units’ capability to effectively implement and deliver health services and information systems as well as pursue evidence-based health promotion and protection policies scientifically proven and accepted to advance population health and individual well-being. One of the indicators for this measurement is strict enforcement of laws and ordinances that regulate tobacco sale and use;

WHEREAS, Land Transportation Franchising and Regulatory Board Memorandum Circular 036, Series of 2009, prohibits smoking in all public utility vehicles and public transport terminals and requires holders of certificate of public convenience to prominently post “NO SMOKING” signages in their authorized units and premises;

WHEREAS, there are existing “Anti-Smoking” Ordinances validly enacted by the Sangguniang Panlungsod of the city of Roxas and Sangguniang Bayan of the different component municipalities in the province of Capiz, and hence, there is a need to consolidate, reconcile and incorporate provisions of these different Ordinances to add life and spirit to the constitutional mandate of the 1987 Constitution of the Republic of the Philippines to protect and promote the right to health of the people and instill health consciousness among them.

WHEREAS, in order to fully protect the health and welfare of the constituents of the province of Capiz and at the same time safeguard the interests of all stakeholders, including smokers and vapers, there is a need to pass a comprehensive ordinance covering tobacco products and new products, prohibiting the sale, purchase, delivery, and/or use of unregistered, adulterated, and/or noncompliant ENDS/ENNDS, HTPs, and their components, prohibiting persons below twenty-one (21) years old to sell, buy, purchase, deliver and/or use ENDS/ENNDS, HTPs, and their components, and other regulations thereof in public places, including public conveyances, providing penalties and for other purposes.

NOW, THEREFORE, premises considered and upon motion of Hon. Thea Faith T. Reyes, duly seconded by Hon. Neriza Joy G. San Felix, Hon. Aldwin A. Cruz-am, Hon. Gilbert O. Ardivilla, Hon. Jonathan B. Besa, Hon. Cecilio F. Fecundo and Hon. Blesilda P. Almalbis, be it

ORDAINED, as it is hereby ORDAINED, by the Sangguniang Panlalawigan of the province of Capiz, in SESSION DULY ASSEMBLED, that:

SECTION 1. TITLE. — This Ordinance shall be known as the “COMPREHENSIVE SMOKE-FREE AND VAPE-FREE ORDINANCE OF THE PROVINCE OF CAPIZ.”

SECTION 2. COVERAGE. — This Ordinance shall cover all persons, natural or juridical, resident or non- resident within the territorial jurisdiction of the province of Capiz.

SECTION 3. OBJECTIVES. — This Ordinance aims to safeguard public health and ensure the well-being of all its constituents from the harmful effects of smoking, tobacco consumption, and vaping by decreasing exposure to its marketing and advertising, restricting its use, sale, distribution, and accessibility, and providing a supportive and conducive environment for users to quit.

SECTION 4. DEFINITION OF TERMS. — The terms below shall have the meanings as used in this Ordinance. Any word or term not defined shall be given its plain and customary meaning, unless the context requires otherwise, and shall be interpreted in a manner consistent with the purpose and spirit of this Ordinance.

  1. Accommodation and Entertainment Establishments – refer to establishments that provide food, accommodation, drinks, merchandise, entertainment or other professional services including, but not limited to, restaurants, fast foods, eateries, hotels, motels, lodges, inns, boarding houses, or any other place with pleasant environment and atmosphere conducive to comfort, healthful relaxation and rest, offering food and/or drinks for a fee;
  • Advertising and promotion – refer to any form of commercial communication, recommendation, or action with the aim, effect, or likely effect of promoting tobacco products, ENDS/ENNDS, HTPs, or their components, or the use thereof, either directly or indirectly;
  • Civil Society Organization (CSO) – refers to a legally constituted voluntary civic and social organization or institution created without government participation, including but not limited to, charities, development non-governmental organizations (NGOs), peoples’ organizations, community groups, women’s organizations, faith-based organizations;
  • Designated Smoking/Vaping Area (DSVA) – refers to an outdoor space, duly approved by the City/Municipal Health Officer where smoking and/or vaping may be allowed without violating this ordinance provided it shall meet the following minimum requirements:
  1. It must be located in an open-space with no permanent or temporary roof or walls in an outdoor area;
  2. It must not be located within ten (10) meters of entrances, exits or any place where people pass or where people congregate;
  • It must not have an area larger than five (5) square meters and other requirements stipulated in Executive Order No. 26, Series of 2017;
  • No food or drinks shall be served in the designated smoking area;
  • The entry of persons below the age of 21 must not be allowed;
  • It must have highly visible and prominently displayed “Smoking/Vaping Area” sign and a graphic depiction and corresponding explanation of the ill effects of smoking/vaping to the smokers/vapers health or exposure to secondhand smoke. Under no circumstances shall any mark, device, word or image associated with any tobacco company or product be included in any of these signs and materials; Information on cessation hotline and/or cessation clinic/services
  • It must not be located in places where absolute smoking/vaping bans are in effect, such as, but not limited to: centers of youth activity such as playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels and recreational facilities for the youth; elevators and stairwells; locations in which fire hazards are present, including gas stations and storage areas for flammable liquids, gas, explosives or combustible materials; within the buildings and premises of public and private hospitals, medical, dental, and optical clinics, health centers, nursing homes, dispensaries and laboratories; food preparation areas; public conveyances and in enclosed, partially enclosed and outdoor areas of transport terminals that are near entrances and exits or where people pass or congregate; within the buildings of all government facilities and premises of all offices of the Department of Health, Department of Education, Commission on Higher Education, Department of Social Welfare and Development and the Civil Service Commission, and shall likewise include parks, plazas, playgrounds, sports, and recreational facilities, and other facilities where an absolute smoking/vaping ban is imposed under special laws, ordinances, administrative and executive orders, memorandum circulars and related policies.;
  • No building shall have more than one designated smoking/vaping area;
  • It must have a receptacle for proper disposal of refuse from tobacco products or disposable components of electronic devices; and
  1. It must be covered by a certification/ permit from the [City/Municipal] Building/Engineering and Health Officers.
  •  Electronic Nicotine and Non-Nicotine Delivery Systems (ENDS/ENNDS) – refer to combinations of non-tobacco containing e-liquids, solutions or refills which may or may not contain nicotine and an electronic delivery device to produce aerosol, mist, or vapor that users inhale by mimicking the act of smoking. ENDS/ENNDS deliver nicotine and/or other chemicals to the lungs after one end of a plastic or metal cylinder is placed in the mouth, like a cigarette or cigar, and inhaled to draw a mixture of air and vapors from the device into the respiratory system. They contain electronic vaporization systems, rechargeable batteries and chargers, electronic controls and replaceable cartridges containing nicotine and/or other chemicals. They are also commonly known as electronic cigarettes (e-cigarettes), vapor products, vapes, vape pens, electronic shisha (e-shisha), mods, and other similar or related devices;
  • Enclosed or Partially Enclosed Public Place – refers to all places which are enclosed by one or more walls or sides whether covered by a roof or not, or even if open on all sides but is covered by a roof regardless of whether the structure is permanent or temporary in nature, that are accessible or open to public, whether or not by invitation or by payment, or all places for collective use, regardless of ownership or right to access including, but not limited to, gasoline stations, banks, malls, shopping/business arcades, town squares, terminals, airport, seaports, schools, places of worship/churches, hospitals, cinema houses, gymnasiums/covered courts, funeral, parlors, barber shops, cockpits, gaming areas, recreational facilities, pedestrian overpass, indoor car parks, waiting sheds, sidewalks and other places where people usually congregate;
  • Heated Tobacco Products (HTPs) – refers to tobacco products that contain the highly addictive substance nicotine and/or non-tobacco additives and flavorings that produce aerosols when heated, which are inhaled by users through the mouth. HTPs mimic the behavior of smoking conventional cigarettes, and some make use of specifically designed cigarettes to contain tobacco for heating. 
  • Novel Tobacco Products – refers to all substances, devices, and innovations entirely or partly made of tobacco leaf as raw material, already existing or to be developed in the future, intended to be used as substitutes for cigarettes, conventional tobacco products, ENDS/ENNDS or HTPs;
  1. Public Conveyances – refer to any vehicle, whether mobile or stationary, used in the transport of passengers or available to the public as a mode of transport, such as, but not limited to, jeepneys, buses, trains, vans, taxis, airplanes, ships and other modes of water transportation, tricycles, motorcycles and other public utility vehicles whether covered by a certificate of Public Convenience or not;
  • Public Building – refers to any of the following:
    • A building structure owned by the government or owned by a private person, but used, rented or occupied by the government or any of its instrumentalities; and
  • Any building or structure used or controlled exclusively for public purposes by any department or branch or government, local government unit or barangay without reference to the ownership of the building.
  • Public Outdoors Spaces – refer to outdoor spaces that are open to the public or places where facilities are available for the public or where a crowd of people gather or congregate or regardless or ownership or right to access such as, but not limited to, parks, playgrounds, sports ground or centers, gaming areas, cockfighting areas, healthcare/hospital compounds, cemeteries, gardens, resorts, beaches, pools, markets, streets, sidewalks, parking areas, walkways, entrance ways, waiting areas, stairwells and the like;
  • Second-Hand Smoke (SHS)/Second-Hand Vaping Aerosol (SHVA) – means the smoke, aerosol, or emission coming from the burning end/heated component of a cigarette/other tobacco products including heated tobacco products, and electronic cigarettes and other similar devices, usually in combination with the smoke, aerosol or emission exhaled by the smoker/vaper;
  • Shisha – refers to a device or instrument which may have a single or multi stemmed pipe for smoking, whether or not it delivers nicotine to the user, in which the smoke is passed through a water basin before inhalation. It is also known as waterpipe, Sheesha, Hookah, Nargeela, Argeel and Nargile;
  • Smoker – refers to any person engaging in the act of smoking;
  • Smoke-Free Air – refers to the air that is 100% free from tobacco smoke, but is not limited to, the air in which tobacco smoke cannot be seen, smelled, sensed, or measured;
  • Smoking – refers to the lighting and/or puffing of any cigarette, cigar, tobacco product of any kind, for or type, electronic device systems, Shisha and the like. Possession of any lighted cigarette, cigar or any tobacco product, or an actually operated electronic device system, Shisha and the like within the prohibited areas for smoking shall constitute prima facie evidence of smoking prohibited under this Ordinance;
  • Sponsorship – refers to any form of a contribution to any event, activity, or individual with the aim, effect, or likely effect of promoting tobacco products, ENDS/ENNDS, HTPs, Vape or their components, or the use thereof, either directly or indirectly;
  • Tobacco Product – refers to any product that consists of loose tobacco that contains nicotine and is intended for use in cigarette, including any product containing tobacco and intended for smoking or oral or nasal use;
  • Tobacco Industry – refers to organizations, entities, associations, and individuals that work for or on behalf of the tobacco industry, such as, but not limited to, tobacco manufacturers, wholesale distributors, importers of tobacco products, tobacco retailers, front groups, and any other individuals or organizations, including, but not limited to lawyers, scientists, and lobbyists that work to further the interests of the tobacco Industry that compete with those of tobacco control. In a similar context, those that belong to or work to further the interests of those involved in electronic cigarette products are referred to as the Electronic Cigarette (E-Cigarette) Industry;
  • Tobacco Industry Interference – refers to a broad array of tactics and strategies used by the tobacco industry to interfere with the setting and implementation of tobacco control measures. In this light, if the same form of interference is committed by an Electronic Cigarette (E-Cigarette) Industry, it can be referred to as Electronic Cigarette (E-Cigarette) Industry Interference;
  • Vaper – refers to any person engaging in the act of vaping;
  • Vape Aerosol-Free Air – refers to air that is 100% free from vaping (e-cigarette) aerosol;
  • Vaping – refers to the act or practice of inhaling and exhaling a powered ENDS/ENNDS or HTP, vape regardless of whether the emission in the form of smoke, vapor, or aerosol is being actively inhaled or exhaled;
  • Workplace – refers to an area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes public and private offices, common area and other area which is generally used or frequented during the course of employment or work. Company-owned vehicles used for transporting employees and guests or any vehicle used in the course of work are considered workplaces.
  • Youth – refers to persons aged 15-24 as defined by the World Health Organization;

SECTION 5. PROHIBITED ACTS. — The following acts are declared unlawful and prohibited by this Ordinance:

  1. USE, SALE, DISTRIBUTION, ADVERTISING, AND PROMOTION.
  1. Smoking and/or vaping in enclosed or partially enclosed public places, workplaces, public conveyances (whether mobile or stationary), or other public places, such as those enumerated under Section 4 (d), except in designated smoking/vaping areas duly approved and fully compliant with the requirements under Section 4 (d);
  • Allowing, abetting, or tolerating smoking and/or vaping in places outside of the duly approved designated smoking/vaping area under Section 4 (d);
  • Selling, distributing, or purchasing tobacco products to minors or electronic cigarettes/vapes, and heated tobacco products and/or its components to or from persons below age twenty-one (21).

In case of doubt as to the age of the minor, retailers shall verify by means of a valid form of photographic identification card (i.e. driver’s license, passport, voter’s ID) containing the date of birth of the bearer.

  1. Using, selling, or purchasing of tobacco among minors, and electronic cigarette, and heated tobacco products and/or its components by persons below age 21;
  • Ordering, instructing, or compelling a minor to use, light up, buy, sell, distribute, deliver, advertise or promote tobacco products/ vape, and ordering, instructing, or compelling a person below age 21 to use, light up, buy, sell, distribute, deliver, advertise or promote electronic cigarettes, and heated tobacco products;
  • Advertising, selling or distributing tobacco, electronic cigarette, vape and heated tobacco products and/or its components in a school, public playground, or other facility frequented by the youth and minors, offices of the Department of Health (DOH) and its attached agencies, hospitals, and health facilities or within 100 meters from any point in the perimeter of these places, within premises of a government facility, establishments that serve food and drinks or provide accommodation and entertainment;
  • Selling tobacco, electronic cigarette, vape, and heated tobacco products and/or its components without a valid city/municipal business permit and license to sell;
  • Manufacturing, importing, distributing, marketing, or selling of unregistered or adulterated electronic cigarettes/vape and components thereof in the form of devices, e-liquids, solutions or refills whether physically part of or intended to be used with electronic cigarettes, heated tobacco products, and other novel tobacco products;
  • Selling of e-liquids, solutions, or refills forming components of electronic cigarettes or heated tobacco products, without the License to Operate or authorization from the Food and Drug Administration;
  • Selling of devices forming components of electronic cigarettes/vape or heated tobacco products not compliant with product standards that may be imposed by the Department of Trade and Industry and the Food and Drug Administration in accordance with R.A. Nos. 7394 and 11467;
  • Manufacturing, distributing, importing, marketing and selling of electronic cigarettes, heated tobacco products or their components, without the License to Operate or authorization from the Food and Drug Administration;
  • Selling of tobacco, electronic cigarette, and heated tobacco products and/or its components removed from its original product packaging or sold as individual pieces or per stick, or in packs containing less than 20 sticks/pieces in case of tobacco products and heated tobacco product refills/heat sticks;
  1. Manufacturing, importing and selling tobacco products, electronic cigarette, and heated tobacco products and/or its components without the appropriate government-issued health warning labels;
  1. Selling electronic cigarette, and heated tobacco products and/or its components knowingly or inadvertently to non-smokers and non-vapers;
  1. Selling or distributing of sweets, snacks, toys, accessories, apparel, or any other objects in the form of or bearing resemblance to the logo, insignia, packaging, or distinguishable design elements of tobacco which may appeal to minors, and selling or distributing of sweets, snacks, toys, accessories, apparel, or any other objects in the form of or bearing resemblance to the logo, insignia, packaging, or distinguishable design elements of electronic cigarette, heated tobacco products and/or its components, including limitations thereof, which may appeal to persons below age 21;
  1. Placing cinema or outdoor advertisements of tobacco, electronic cigarette, and heated tobacco products and/or its components;
  1. Placing, posting, displaying, wearing, or distributing advertisement and promotional materials of tobacco, electronic cigarette, vape and heated tobacco products and/or its components, such as but not limited to leaflets, posters, display structures, video/digital displays, accessories, apparel, and other materials within an establishment when such establishment, or its location, is prohibited or not licensed to sell and distribute tobacco, electronic cigarette, heated tobacco products, and/or their components, and are not adult-only establishments;
  1. Conducting promotional activities, campaigns, events, product sampling, and other similar activities where the establishment or its location prohibits selling, distributing, and purchasing of tobacco, electronic cigarette, heated tobacco products, vape, and its components, and where persons below age 21 are allowed entry; and
  1. Displaying and placing tobacco, electronic cigarette, vape, and heated tobacco products and/or its components in open store shelves/racks, except in enclosed, opaque, and single-colored storages/containments;
  • ONLINE SALE, DISTRIBUTION, ADVERTISING AND PROMOTION.
  1. Selling, distributing, advertising, and promoting tobacco, electronic cigarettes, heated tobacco products, and/or related components/products in online platforms/e-commerce; and
  • Advertising of tobacco, electronic cigarettes, heated tobacco products, and/or related components/products on the internet and other similar medium unless the internet site is restricted to persons 21 years of age and older. A site will be deemed restricted if a person cannot obtain access beyond the first page of the website unless the person has established that he or she is at least 21 years old.
  • ENGAGEMENT AND SPONSORSHIP INVOLVING THE TOBACCO/E-CIGARETTE INDUSTRY.
  1. Facilitating, participating, or partnering with any government official or personnel of the province of Capiz regardless of employment status (permanent, casual, contractual, job order, consultant or special appointment) in any form of contribution, favor, sponsorship, or corporate social responsibility (CSR) activity, event, program or project by a tobacco/electronic cigarettes company, tobacco/electronic cigarette industry front groups, or any representation working to protect or promote tobacco/electronic cigarette industry interests, executed for and in behalf of and within the territorial jurisdiction of the province of Capiz with the aim, effect or likely effect of promoting a tobacco/electronic cigarette product, its use either directly or indirectly.

SECTION 6. MANDATORY DUTIES AND OBLIGATIONS.

a) The person-in-charge, who refers to the president or manager in cases of a company, corporation or association, or partnership or the owner/proprietor or operator in case of single proprietorship, of accommodation and entertainment establishments, whether tourism-accredited or not, workplaces, enclosed or partially enclosed public places, public buildings, public outdoor spaces shall:


  1. Post and display an eight by sixteen (8×16) inches “This is a Non-Smoking Establishment” sign at all entrances. Prominently post and display the “No Smoking/No Vaping” symbol, in the locations most visible to the public in the areas where smoking and vaping is prohibited.  At the very least, the “No Smoking/No Vaping” signage must be posted at the entrance to the area, which shall be at least [8 x 18 inches] in size, where the symbol/s shall occupy no less than 60% of the signage. The remaining 40% of the signage shall show the pertinent information/precautionary statement, as follows: 

STRICTLY NO SMOKING AND NO VAPING

As per ORDINANCE NO. _______

Violators can be fined up to _______

Report violations to [ HOTLINE Number/Online Contact Info ]

As for the Designated Smoking/Vaping Area (DSVA), after complying with the specifications in Section 4 (d), prominently display the following elements in the signage:

“DESIGNATED SMOKING/VAPING AREA” or “SMOKING/VAPING AREA”

“Persons below 21 not allowed within these premises”

[Place Graphic/Picture-Based Health Warning on the effects or health risks of tobacco, electronic cigarette, and heated tobacco product use within the signage]

[if available, place the number of Smoking Cessation Hotline/Online Contact Info]

  • Prominently post and display the “No Smoking/No Vaping” signage in the most conspicuous location within the public conveyance.  At the very least, a three and a half (3.5) square inch “No Smoking/No Vaping” signage shall be placed on the windshield and a ten (10) square inch “No Smoking/No Vaping” sign at the driver’s back seat;
  • Remove from all places where smoking and/or vaping is prohibited all ashtrays and any other receptacles for disposing of cigarette, electronic cigarette, and heated tobacco refuse;
  • Ensure that all the employees in the establishment are aware of the ordinance and to provide a procedure for informing customers or clients of the provisions of this Ordinance;
  • For persons-in-charge of schools, public playgrounds, or other facilities frequented by the youth and/or minors, offices of the DOH and attached agencies, hospitals, and health facilities, post the following statement in a clear and conspicuous manner:

SELLING, DISTRIBUTING, ADVERTISING AND PROMOTING CIGARETTES AND OTHER TOBACCO PRODUCTS TO MINORS, OR ELECTRONIC CIGARETTES, HEATED TOBACCO, OTHER TOBACCO PRODUCTS, AND/OR ITS COMPONENTS NOT ALLOWED WITHIN 100 METERS FROM ANY POINT IN THE PERIMETER OF [name of SCHOOL / PLAYGROUND / FACILITY FOR THE YOUTH AND/OR MINORS / HEALTH FACILITY / ETC.]

  • For persons-in-charge of schools, public playgrounds or other facilities frequented by persons the youth and/or minors, offices of the DOH and attached agencies, hospitals, and health facilities, report to the Smoke/Vape-Free Task Force any sale, advertisement, or promotion of tobacco, electronic cigarette, heated tobacco products, and/or any of its components located within 100 meters from its perimeter;
  • For persons-in-charge of establishments intending to sell tobacco/electronic cigarette, heated tobacco products, and/or any of its components secure a valid business permit and license to sell in retail or wholesale from the city’s/municipality’s Business Permits and Licensing Office, and shall comply with all essential requirements as directed by other regulatory agencies, if applicable;
  • For persons-in-charge of approved point-of-sale establishments, post the following notice, together with a graphic/picture-based health warning on the health consequences of tobacco, electronic cigarette, and heated tobacco use and exposure, as prescribed by the City/Municipal Health Office, in a clear and conspicuous manner:

SALE/DISTRIBUTION OF TOBACCO PRODUCTS, ELECTRONIC CIGARETTES, HEATED TOBACCO PRODUCTS, AND/OR ANY OF ITS COMPONENTS TO PERSONS BELOW 21 YEARS OLD IS UNLAWFUL

  1. Undertake all reasonable steps to ensure strict implementation of this Ordinance and to inform people to refrain from smoking any tobacco product using Electronic Device Systems, Shisha and the like within their establishments except in duly approved designated smoking areas. The person-in-charge or his/her duly authorized representatives including the employees concerned shall immediately inform the Antismoking Task Force or its duly deputized enforcers, or any law enforcer or the nearest police station of the violation and the violator(s) thereof; and
  1. Selling of cigarettes or any tobacco product is strictly prohibited in a non-smoking area.

b) Owners, operators and drivers of public utility vehicles, government-owned and company-owned vehicles used to transport passengers are mandated to prominently display “NO SMOKING/NO VAPING” signs as follows:

  1. For jeepneys, the “NO SMOKING/NO VAPING” sign of at least 3.5 sq. inch shall be placed at the back of the windshield and another sign of at least 10 sq. inch shall be placed at the back of the front row seats;
  • For taxis, vans or other similar vehicles, the ” NO SMOKING/NO VAPING ” sign of at least 3.5 sq. inch shall be placed on the glove compartment at the front right side of the taxi windshield and another sign at least 10 sq. inch shall be placed at the back of the driver’s seat;
  • For buses, the ” NO SMOKING/NO VAPING ” sign of at least 35 sq. inch shall be placed at the back of the windshield and another sign of at least 10 sq. inch shall be placed at a prominent location facing the passengers or a similarly prominent area of the vehicles; and
  • For other types of vehicles, the ” NO SMOKING/NO VAPING ” sign of at least 3.5 sq. inch shall be placed at the back of the windshield and another sign of at least 10 sq. inch shall be placed at a prominent location facing the passengers or a similarly prominent area of the vehicle.

SECTION 7. PERSONS LIABLE. — The following persons/individuals are liable under this Ordinance;

  1. Any person or entity who commits any of the prohibited acts stated in Section 5 hereof, provided, if the violator is a minor, the apprehending officer from the Enforcement Team (PNP/ Deputized Enforcer) shall report the incident to the school principal/dean exercising jurisdiction over the violator where he/she shall be required to comply with disciplinary measures imposed by the school/university where he/she is enrolled, or endorse to the City/Municipal Social Welfare and Development Office for appropriate action or intervention under Republic Act  No. 9344  or  the  Juvenile  Justice  and Welfare  Act,  as  amended.  Should the school/university have no policy for offenses committed by their students outside school premises or if the violator is an out-of-school youth, the enforcer shall endorse the violator to the City/Municipal Social Welfare and Development Office, which may involve the parents or guardians and/or a Barangay Official where the violator is a resident, in carrying out disciplinary measures; and
  • Persons-in-charge who knowingly allow, abet, authorize or tolerate the prohibited acts enumerated in Section 5, or who otherwise fails to fulfill the duties and obligations enumerated in Section 10 hereof.

SECTION 8. ANTI-SMOKING/VAPE-FREE TASK FORCE; DUTIES AND RESPONSIBILITIES, COMPOSITION. — The Anti-Smoking/Vape-Free Task Force shall be created to aid in the implementation, enforcement, and monitoring of this Ordinance, and to protect the same from tobacco/electronic cigarette industry interference at all times as well as to conduct educational awareness campaigns, information dissemination programs, and capacity building programs that will inform the constituents and train enforcement officers. It shall have the following duties and responsibilities:

  1. Receive, review and process reports and complaints, serve citations and notices, and file appropriate charges for violations under this Ordinance;
  • Plan social mobilization to raise awareness;
  • Attend Semi-Annual Task Force meetings; and
  • Deputize enforcers and enforce the other provisions of this Ordinance.

The Task Force shall be composed of the following:

Chair               :           Governor

Vice Chair       :           Provincial Health Officer

Members         :

  1. Chairman of the Sanguniang Panlalawigan Committee on Health;
    1. Provincial Health Education and Promotion Officer/or an equivalent designate;
    1. Provincial Engineer;
    1. Provincial Legal Officer;
    1. Provincial Information Officer;
    1. Provincial and City/ Municipal Social Welfare and Development Officer;
    1. Provincial Human Resources Management Officer;
    1. Provincial Administrator;
    1. Capiz Police Provincial Director;
    1. Capiz Provincial Environment and Natural Resources Officer (CapENRO);
    1. Representative from the Department of Education – Roxas City and Capiz Division,
    1. Representative from the Commission on Higher Education and/or academic institution;
    1. Liga ng mga Barangay Provincial Federation President;
    1. Provincial Coordinator of the Task Force Unit or Office (if other than the above officers);
    1. Association of Municipal Health Officers President
    1. Association of City/Municipal Treasurer President
    1. Association of City/Municipal Engineer President
    1. Civil Society Organizations (CSOs) identified by the Chair or Vice-Chair whose specific function and role may serve to effectively implement this Ordinance.

The Task Force shall not include as its member any person or entity supporting or accommodating tobacco/electronic cigarette industry interests or is connected in any way to the tobacco/electronic cigarette industry in order to protect and preserve the integrity of the primary health objectives of this Ordinance.

No member of the Task Force shall also receive for himself/herself, members of his/her immediate family up to the fourth civil degree of consanguinity or affinity, or for other individuals, beneficiaries or groups, any contribution, donation, sponsorship or compensation, directly or indirectly, whether financial or otherwise, from the tobacco/electronic cigarette industry. Non-compliance of this provision governing the Task Force shall serve as grounds for the removal from the Task Force. If the erring Task Force member is likewise a public official or government personnel, he/she shall also be subject to sanctions prescribed under the CSC-DOH Joint Memorandum Circular 2010-01 or other applicable laws or policies.

SECTION 9. DUTIES AND RESPONSIBILITIES OF THE CHAIR AND VICE – CHAIR OF THE TASK FORCE. — In addition to his duty as Chair of the Task Force who supervises its general administration, the Governor shall direct and manage the implementation and execution of policies, standards, rules, and regulations promulgated pursuant to the objectives of this Ordinance.

In the absence of the Chair, the Vice Chair of the Task Force shall assume the responsibilities assigned to the Governor as the Chair of the Task Force.

SECTION 10. DUTIES AND RESPONSIBILITIES OF THE MEMBERS OF THE TASK FORCE. — The following are the duties and responsibilities of the members of the Task Force:

  1. The Provincial Health Officer shall:
  1. Prepare Tobacco Control Plan, including the Implementation Plan of this Ordinance as part of the health program, and propose funding under the annual general budget through the Local Health Investment Plan;
  1. Assist hospitals and other health facilities including any office of the DOH within the local government unit, together with the Enforcers and/or Task Force members, in the monitoring of tobacco/e-cigarette products’ sales, advertisements, and promotions within 100 meters from the perimeter of schools, public playgrounds, facilities frequented by the youth and/or minors and health facilities.
  1. Coordinate with any/all members of the Provincial Task Force as necessary, assist in enforcement/promotion/monitoring/research, and attend to any created function as required/instructed by the Governor; and
  1. Provide regular updates to the Governor as to the status of implementation of Tobacco Control in the local government unit and of the Ordinance.
  • The Provincial Health Education and Promotion Officer shall:
  1. Develop and produce information, education, and communication (IEC)         materials and conduct activities on Tobacco Prevention and Control, such as the harms of tobacco and e-cigarette use, and exposure to second-hand smoke/aerosol, as well as on the provisions of this Ordinance;
  1. Disseminate information, education, and communication (IEC) materials to all City/Municipal Health Education and Promotion Officer and other concerned offices;
  1. Encourage constituents to monitor and report violations of this Ordinance; and
  1. Assist the Provincial Health Officer in developing, promoting, and implementing a Smoking Cessation Program.
  • The Provincial Engineer shall:
  1. Monitor, together with the representative of the Provincial Health Office or on its own, inspection activities of the City/ Municipal Engineer as provided in this Ordinance;
  1. Determine whether or not enclosed/partially enclosed public places, workplaces, other public places, and point-of-sale establishments, comply with this Ordinance; and
  1. Recommend to the concerned city/municipality the approval, suspension, or revocation of licenses/permits for establishments/facilities, in compliance with this Ordinance.
  • The Provincial Legal Officer shall:
  1. Assist the Task Force in reviewing reports of and complaints for violations of this Ordinance and in determining liability or appropriate cases to file; and
  1. Extend any legal assistance and/or file cases on matters pertaining to this   Ordinance.
  • The Provincial Information Officer shall:
  1. Assist in disseminating information pertaining to all aspects of this Ordinance including the printing and distribution of copies of this Ordinance to the public;
  1. Prepare a primer summarizing the provisions of this Ordinance, and facilitate the development of related information materials and required signage; and
  1. Publicize activities and reports related to the implementation and enforcement of this Ordinance.
  • The Provincial and City/Municipal Social Welfare and Development Officer shall:
  1. Assist in the enforcement of this Ordinance when persons below 18 years old are involved; and
  1. Provide the necessary interventions when persons below 18 years old are implicated in the violation of this Ordinance.
  • The Human Resource and Management Officer shall:
  1. Oversee the strict implementation of smoke and vape free government facilities;
  1. Evaluate for approval, the proper establishment of Designated Smoking/Vaping Areas in government facilities where it may apply;
  1. Oversee the strict implementation of a policy preventing industry interference, pursuant to the CSC-DOH Joint Memorandum Circular 2010-01;
  1. Monitor, supervise, and report on all concerns on tobacco/e-cigarette Industry activities, communications, and other related concerns; and
  • Assist in matters related to tobacco control policies as it applies to the performance of functions and duties affecting government officials/personnel.
  • The Provincial Administrator:
  1. Assist the Governor in overseeing the implementation and enforcement of this Ordinance, in close coordination with other members of the Task Force; and
  1. Provide regular updates to the Governor as to the status of implementation and enforcement of the Ordinance.
  1.  The Capiz Police Provincial Director shall:
  1. Direct the city/municipal police office in the orderly enforcement of this Ordinance;
  1. Ensure apprehension of violators in accordance with the provisions of this Ordinance and other rules and procedures of engagement;
  1. Assist Task Force members, local government unit officials and deputized civilians in apprehending violators and in filing the appropriate complaints when necessary;
  1. Assist in promoting awareness of this Ordinance and in encouraging public support and participation in its implementation and enforcement;
  • Employ the assistance of other members of the Task Force and other police enforcers, such as those from other local government units, during enforcement when coordination is necessary;
  • Refer minors caught in violation of this Ordinance to the Social Welfare and Development Office and/or to the school authorities where the violator is enrolled;
  •  Use the Citation Tickets during apprehensions and maintain a record or log book of violations/apprehensions made within particular periods, for purposes of reporting;
  • Assign a hotline or any other number and email address to which violations of this Ordinance may be reported by email, phone call or SMS, or other means, and a person to operate the line and record reports, while another hotline may be assigned for accepting calls or messages for Smoking Cessation counseling;
  • The Capiz Provincial Environment and Natural Resources Officer shall:
  1. Assist in promoting awareness of this Ordinance as a component in the protection and conservation of the environment and in encouraging public support and participation in its implementation and enforcement;
  1. Assist in inspection and monitoring violations of the Ordinance on its own or with any other member of the Task Force;
  1. Conduct timely monitoring of air, water, soil quality, and other studies pertinent to determining levels of exposure to tobacco smoke, e-cigarette aerosol, residues, by-products, and litter, among others;
  1. Provide expertise in the application and management of appropriate technologies to avert environmental/health risks, accidents, and damage posed by tobacco smoke, e-cigarette aerosol, residues, by-products, waste generated, among others; and
  • Identify Designated Smoking or Vaping Areas in Province.
  • The Representative(s) from Department of Education – Roxas City and Capiz Division, Commission on Higher Education and/or academic institution shall;
  1. Implement the Department/Commission Orders on the integration of tobacco control education into the school curricula;
  1. Ensure strict compliance of the memoranda and orders on the protection of the bureaucracy from industry interference as per Framework Convention on Tobacco Control Article 5.3;
  1. Ensure strict compliance of schools in enforcing 100% smoke-free campuses and school facilities including the schools’ vehicles;
  1. Assist in the monitoring of tobacco/electronic cigarette products’ sales, advertisements, and promotions within 100 meters from the perimeter of schools, public playgrounds, and facilities frequented by the youth and/or minors; and
  • Ensure the posting in a clear and conspicuous manner of “No Smoking/Vaping” signs and notices for the sales ban of Tobacco Products within 100 meters from the perimeter of schools, public playgrounds, facilities frequented by the youth and/or minors, and health facilities.
  • The Liga ng mga Barangay Provincial Federation President shall:
  1. Assist in promoting awareness of this Ordinance and in encouraging public support and participation in its implementation and enforcement;
  1. Coordinate with all Punong Barangays and the PNP, or other members of the Task Force, in monitoring violations of the Ordinance within their jurisdictions;
  1. Provide the necessary coordination among the Barangay Health Workers, Barangay Kagawads, Sangguniang Kabataan (SKs) and Tanods and other enforcers (i.e. Coast Guards) for the implementation of activities pertinent to the Ordinance; and
  1. Assist in the facilitation of and referrals to the Smoking/Vaping Cessation Program at the Barangay Level, if applicable.
  • City/Municipal Health Officer shall:
  1. Prepare Tobacco Control Plan, including the Implementation Plan of this Ordinance as part of the health program, and propose funding under the annual general budget through the Local Health Investment Plan;
  1. Establish baseline annual data on tobacco/e-cigarette use prevalence and other related studies, and recommend further action to the Provincial Health Office on the findings of such data;
  1. Monitor, together with the Enforcers and/or Task Force members, the compliance of this Ordinance in public places, establishments, conveyances, point-of-sale, and including the approval/disapproval of permits in Designated Smoking/Vaping Areas (DSVAs) as well as permits/licenses for tobacco/e-cigarette point-of-sale;
  • City/Municipal Treasurer shall:
  1. Collect and receive fines paid by violators and submit reports on its collection;
  1. Designate collection agents and guidelines for collections as necessary to assist in efficient collection of fines from local government units;
  1. Facilitate the printing and reprinting of Citation Tickets;
  1. Issue booklets of the Citation Tickets to the local government units’ enforcers and other deputized enforcers, as appropriate;
  • Facilitate the release and allocation of funds, and the remuneration of enforcers share in accordance with the provision for the sharing of proceeds, derived from the collection of fines, penalties, generated resources, and appropriated budget.
  • City/Municipal Engineer shall:
  1. Conduct, together with the representative of the Municipal Health Office or on its own, inspection activities as provided in this Ordinance;
  1. Determine whether or not enclosed/partially enclosed public places, workplaces, other public places, and point-of-sale establishments, comply with this Ordinance; and
  • City/Municipal Health Education and Promotion Officer/or an equivalent designate shall:
  1. Disseminate information, education, and communication (IEC) materials to all Barangay Health Workers and other concerned offices;
  1. Encourage constituents to monitor and report violations of this Ordinance; and
  1. Assist the Municipal Health Officer in developing, promoting, and implementing a Smoking Cessation Program.
  • The CSO Representative(s) shall:
  1. Assist in inspections and in monitoring violations of this Ordinance;
  1. Assist in promoting awareness of this Ordinance and in encouraging public support and participation for its implementation and enforcement;
  1. Assist in promoting and, if capable, implementing a Smoking Cessation Program;
  1. Assist in developing and conducting orientation and training seminars for        enforcers; and
  • Assist in evaluating the performance of the Task Force and the effectiveness of the implementation and enforcement of this Ordinance.

SECTION 11. ENFORCEMENT. – This Ordinance shall be enforced in the following manner:

  1. Enforcement on Individuals. — Members of the PNP and/or persons duly deputized by the Governor or the Task Force shall apprehend, and issue Citation Tickets against persons found in violation or have failed to comply with any provision enumerated under Section 5 hereof. They shall forward copies of the tickets they issue to the City/Municipal Treasurer’s Office regularly per week. If the violator is a minor, he or she must be turned over for dispensation of appropriate action to the nearest Social Welfare and Development Officer or its appointed designates, subject to provisions of Republic Act No. 9344 or the Juvenile Justice and Welfare Law, as amended, and/or to the school authorities at the school where the violator is enrolled, and/or to the Barangay Office where the violator is a resident, and where the parents or guardians may be called. In case any valid or sufficient form of identification is not presented, he/she shall be brought to the nearest police station for proper identification, then to the Smoke/Vape-Free Task Force for the payment of penalty or rendition of community service.
  • Enforcement on Public Conveyances. — Members of the PNP and/or persons duly deputized by the Task Force shall inspect public conveyances during their regular hours of operation and shall issue Citation Tickets upon discovery of any violation of this Ordinance. They shall forward copies of the tickets they issue on violators to the Treasurer’s Office regularly or at least once a week.
  • Enforcement on Establishments. — Within ninety (90) calendar days after the effectivity of this Ordinance, an inspection team composed of representatives from the Provincial Health Office, Provincial Engineer’s Office, and other members of the Task Force, shall conduct inspections of establishments and buildings to determine their compliance with the provisions of this Ordinance.

A regular inspection shall thereafter be conducted at least once every month or simultaneously with other regular inspections done by the appropriate office or department, whichever is more frequent, during normal hours of operation of the establishment. The inspection team shall issue a Citation Ticket against the establishment upon finding of non-compliance with or of any violation of this Ordinance. A Citation Ticket may be issued for each offense to the establishment that is found to be non-compliant.

Re-inspection of the establishment shall be done on any day after the issuance of the Citation Ticket but in no case more than ten (10) working days after such issuance. If the establishment fails to comply with the obligations stated in the Citation Ticket upon re-inspection, the inspection team shall recommend the suspension of its license/permit consistent with Section 10 (g) hereof.

In the course of an inspection, the inspection team may apprehend individual violators and request the assistance of the PNP in doing so.

  • Civilian Participation in Enforcement. — Within thirty (30) calendar days from the effectivity of this Ordinance, the Task Force or the Provincial Health Office shall, with the approval of the Office of the Governor, designate one or more civil society organizations (CSO) not connected with or that do not represent the interests of the tobacco/e-cigarette industry, to discharge the duties and responsibilities enumerated under Section 10 hereof. The Governor may deputize qualified civilians to also serve as enforcers of this Ordinance. Any person can file with the Task Force a report or complaint, or present evidence for any violation of this Ordinance, or be assigned other duties pursuant to the attainment of its effective implementation.
  • Evidence Needed. — The evidence of the violation of this Ordinance may be obtained by means of photograph or video. In case of confiscated items, signed sworn statements/affidavits shall be made by the apprehending officer with specific details of the violation, details of the confiscated items, including the procedures taken to preserve its integrity and evidentiary value. Upon confiscation, the items should be appropriately marked by the apprehending officer with his initials and signature, and subsequently photographed and recorded in the inventory of the Task Force.

SECTION 12. PENALTIES. — Any person who violates this Ordinance may be liable for administrative, civil, or criminal action in addition to the penalties prescribed in this Ordinance. The following penalties shall be imposed on violators of this Ordinance:

  1. Violation of Section 5 and Section 6 
Frequency of OffensesPenalty
First OffenseP3,000.00
Second OffenseP4,000.00
Third and Subsequent OffensesP5,000.00 or imprisonment for a period not exceeding one (1) year or both at the discretion of the court. Suspension or revocation of business license or permit may be prescribed (in case of a business entity or establishment), if applicable.
  • Community Service. If a violator is unable to pay the penalties imposed, he or she may choose to render community service within his/her place of residence. For purposes of this section, community service is defined as any actual physical activity which indicates civic consciousness, and is intended toward the improvement of a public work or promotion of a public service. For every hour of community service rendered, his/her outstanding fine shall be reduced by an amount equivalent to the prevailing minimum wage, if a violator is unable to accomplish community service as an alternative, they may be re-fined or re-arrested.
  • Proper Identification. Persons found in violation of this ordinance must present valid proof of identification. In the absence of such proof, the violator shall be brought to the nearest police station for proper identification, then to the Treasurer’s Office for the payment of penalty or rendition of community service.
  • Confiscation or Removal. Tobacco, electronic cigarettes, heated tobacco products, related products or components, and their advertising/promotions paraphernalia found violating any of the prohibited acts in this ordinance shall be subject to confiscation and/or removal.
  • Revocation or Suspension of Business Permits and License to Sell. The business permit and license to sell tobacco, electronic cigarette, and heated tobacco products or Certificate of Public Convenience of any public conveyance shall be suspended for at least one (1) week but not more than one (1) month, or revoked when the necessary action has not been performed within ten (10) working days upon receipt of the Citation Ticket or when penalties have not been settled within five (5) working days. Should the establishment or public conveyance found to violate this Ordinance fall outside of the jurisdiction of this local government unit, the recommendation for revocation or suspension of business permit and license to sell or Certificate of Public Convenience shall be forwarded to the appropriate local government unit, agency or governing body. The suspension or revocation shall only be lifted once all the requirements set forth upon re-inspection and evaluation of the Business Permits and Licensing Office, Health Office, Building/Engineering Office, and/or the appropriate agency or governing body has been fully complied with. Any Task Force member may recommend the revocation or suspension of license or permit of an erring establishment to the appropriate office.

SECTION 13. CITATION TICKET SYSTEM. — Violators of this Ordinance shall be informed of their violation and their corresponding penalty using a Citation Ticket System with the following guidelines:

  1. Official booklets of Citation Tickets shall be issued by the City/Municipal Treasurer to duly authorized enforcers within ninety (90) calendar days from the effectivity of this Ordinance;
  • A Citation Ticket shall be issued by duly authorized enforcers to person/s liable for any violation of this Ordinance;
  • A Citation Ticket shall contain the following information:
  1. Checklist of the violations under this Ordinance;
    1. The fines associated with each violation;
    1. Option to render community service in case violator is unable to pay fine; and
    1. The due date for compliance with the obligations imposed by the ticket.
  • When a Citation Ticket is issued to a violator, he/she shall report to the City/ Municipal Treasurer’s Office or his/her duly authorized collecting agent within five (5) working days after such issuance, where he or she shall either pay the fine imposed or render community service under Section 22 (d) hereof;
  • The City/Municipal Treasurer’s Office shall keep a duplicate of all Citation Tickets issued to violators as well as all other records of violations of this Ordinance;
  • The Philippine National Police (PNP) and such other appropriate enforcers as commissioned by the Provincial Governor through the Anti-Smoking Task Force shall have the power to apprehend violators of this Ordinance and issue citation tickets; and
  • The Governor though the Anti-Smoking Task Force may deputize Barangay Officials or representatives of the private sector, non-government organizations and government organizations in the strict implementation of this Ordinance, as the need arises.

SECTION 14. NO CONTEST PROVISION. — Persons who violate any provision of this Ordinance, except for Section 8 (p) who do not wish to contest the violation and are willing to pay voluntarily the penalty imposed upon him/her for the first and second offenses enumerated in Section 10 (a) and (b) prior to the filing of a formal complaint with the proper court, shall be allowed to pay the penalty to the City/ Municipal Treasurer’s Office within five (5) working days from the day of apprehension. If after the lapse of five (5) working days, the violator has failed to present the Official Receipt of the payment of the penalties, the Task Force shall have the case filed with the Prosecutor’s Office, attaching an Affidavit or Certification from the Provincial Treasurer’s Office that the violator failed or did not avail of the No Contest Provision. The No Contest Provision cannot be availed of for third and subsequent offenses.

SECTION 15. HARMONIZATION WITH LGU ORDINANCES. – In cities and municipalities with existing tobacco/vape control ordinances and enforcement mechanisms, the Provincial Anti-Smoking /Vape-free task force shall act in a coordinating and monitoring role only. Direct apprehension and citation shall be conducted only upon request of the LGU or in cases of clear neglect, upon endorsement of the Provincial Task Force.

This ordinance shall serve as a minimum policy framework for all component municipalities and cities in the Province of Capiz. Cities and Municipalities may adopt stricter or more lenient measures, depending on their local context, capacity, and the needs of their constituents, provided such measures do not contravene national law and are consistent with the public health goals of this ordinance.

SECTION 16. IMPLEMENTING RULES AND REGULATIONS. — The Anti-Smoking/Vape-Free Task Force shall promulgate such rules and regulations, with the approval of the Governor, as are necessary to ensure the effective implementation of this Ordinance.

SECTION 17. FUNDING. — The City/Municipal Government shall allocate necessary funds from its Annual Budget for the implementation, enforcement and monitoring of this Ordinance. Furthermore, it shall be the priority of the aforementioned government to allocate budget for the conduct of educational awareness campaigns, information dissemination programs, and capacity building programs that will inform its constituents and train their respective enforcement officers.

SECTION 18. CONSTRUCTION. — Any vague part or provision of this Ordinance shall be strictly interpreted to give life and spirit to the Framework Convention on Tobacco Control (FCTC) to which the country is a party and to the power and authority of the province to promote the general welfare within its territorial jurisdiction, including the promotion of health and safety of its constituents as embodied in Republic Act No. 7160 or the Local Government Code of 1991.

SECTION 19. SEPARABILITY – In the event that any of the provisions of this Ordinance is declared invalid by a competent court, the validity of other provisions shall not be affected.

SECTION 20. REPEALING CLAUSE – Any ordinance, executive order, local issuances and rules and regulations or parts thereof, which are inconsistent with this Code are hereby repealed or modified accordingly.

SECTION 21. EFFECTIVITY – This Ordinance shall take effect immediately after its publication in full for three (3) consecutive weeks in a newspaper of general circulation in the province and posting at prominent places in the Provincial Capitol for three (3) consecutive weeks, whichever occurs later.

            ENACTED:                 02 June 2025.

– – – oOo – – –

I hereby certify to the correctness of the foregoing Ordinance No. 424, Series of 2025 (2022-2025).

     (SGD.) ZOE G. HERRERA, JR.

               Secretary to the Sangguniang Panlalawigan

ATTESTED AND CERTIFIED

TO BE DULY ENACTED:

                                                                                    APPROVED:

(SGD.) JAIME O. MAGBANUA

            Vice Governor

            Presiding Officer

Date: ___________________                                                         (SGD.) FREDENIL H. CASTRO

                                                                                    Governor

                                                                                                         Date: ______________

The Capiz Times Publishing,

June 30, July 7 & 14, 2024