SP Refiles Anti-Smoking Ordinance For Provincial Level Implementation
By Quirico M. Gorpido,Jr.
Maasin City, Southern Leyte-The Sangguniang Panlalawigan has refiled during its recent weekly session held at the provincial capitol here a province-wide smoke-free ordinance that is going to be implemented in all 18 municipalities thru its Chief Executives for health reasons. The City of Maasin has already its own anti-smoking ordinance which was approved several months ago and is now being implemented.
The aforesaid ordinance is actually a dormant, enacted by the SP members of the past Administration who were not re-elected during the previous May 10,2010 national elections.
The interest in resurrecting the dormant ordinance came when an NGO organization from Metro Manila named Bloomberg Initiative sent a letter to the Southern Leyte SP requesting for their support of the national anti-smoking ordinance for implementation in the province.
The positive response came from SP member Roberto Lagumbay, Chairman Committee on Health and Sanitation and was supported by the majority of his colleagues.
Abelardo Almario, Chairman Committee on Laws disclosed that the resurrected ordinance was approved during the last SP session of the Lerias Administration.However,it did not yet meet the satisfaction of publication which is a legal requirement to make it valid and effective.
He clarified that in the third reading that would be the time that the august body will comply with the requirement of publication.
Almario explained that what they were doing was similar to what Congress was and is doing.”When the terms of some members of Congress would expire, there’s a need of the same previous bill to be re-filed”, he said. He asked a colleague Teopisto Rojas, Jr. if he would agree with his explanation, which the latter has confirmed.
Nonetheless, Rojas pointed out that only a tax ordinance would need to be published in a local newspaper of provincial circulation.”A public hearing for anti-smoking ordinance would suffice”, he said.
He continued:”I believe that the said ordinance under question is not considered as a tax ordinance but rather a regulation with penal provision.Therefore, the conduct of public hearing after the refilling is enough for legal intent and purposes, which is the mandatory requirement”.
Vice-Governor Miguel Maamo, 11, the presiding officer, then urged those involved in the discussions to re-file the talk-about ordinance. Lagumbay stood up and expressed his intention to re-file it, adding that they should not delay it further.
“Since this is a provincial ordinance”, Rojas said, “we will approved it after the conduct of a public hearing akin to the Sangguniang Bayans’ordinances that before it were approved, public hearings were conducted so that whatever inputs that we are going to receive from the public will be made as parts of the amendments to the proposed ordinance.”.
Lagumbay who is in-charged of conducting the public hearings in the 4 IDs of the province implied that he has already made some schedules and has contacted the Mayors and Vice-Mayors of each municipality for such activities.
The Chairman Committee on Health and Sanitation also claimed that the lengthy discussions concerning the re-filed ordinance were considered as the first and second reading. His motion was seconded by Almario.”This ordinance”, he said, “was already deliberated many times in our previous sessions”.
The abovementioned ordinance prohibits the use, sale, distribution and advertisement of cigarettes and other tobacco products in certain places, imposing penalties for violation and providing funds thereof and for other purposes otherwise known as the smoke-free ordinance of the province of Southern Leyte.
Since not one of the 12 SP members including the 3 ex-officio members has opposed, it is apparent that the third and final reading will be unanimously approved by all SP members.(Quirico M. Gorpido,Jr.)
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