AN ORDINANCE REGULATING THE SALE OF TOBACCO PRODUCTS

AND ALCOHOLIC BEVERAGES IN THE MUNICIPALTY OF BAMBANG

AND PRESCRIBING PENALTIES THEREOF.

WHEREAS, it is the policy of the State to protect and promote the right to health
of the people and instill health consciousness among them.1

WHEREAS, it is the policy of the State to protect and advance the right of the
people to a balanced and healthful ecology in accord with the rhythm and harmony
of nature.2

WHEREAS, Tuberculosis is an airborne disease. About 1 million Filipinos have

active TB disease. This is the third highest prevalence rate in the world, after South
Africa and Lesotho. It is a highly curable disease. Yet, it is the number one killer
among all infectious diseases. Every day more than 70 people lose their lives to TB
in the Philippines needlessly. Many of these patients develop drug resistant
tuberculosis, which are more expensive and difficult to treat.3

WHEREAS, the WHO’s goal is to end TB from this planet by 2030. Yet, the
Philippines is among the few countries where the number of people with TB
continues to increase every year.

WHEREAS, Alcohol abuse is a problem in the Philippines – it also seems to be on

the increase. Most worrying of all is that chronic alcoholics often fail to seek help
for their problems, and this means that they end up with incurable conditions such
as liver cirrhosis.4

WHEREAS, a number of cases of sexual and drug abuse, suicide and violence
among Filipinos have been caused by habitual drunkenness or alcohol intoxication.
The Philippine General Hospital considers patients with blood alcohol levels of
0.05 per cent (50 mg/100 ml) to be medically intoxicated.5

1
Section 15, Article II, 1987 Philippine Constitution.
2
Section 16, Article II, 1987 Philippine Constitution.
3
https://www.who.int/philippines/news/commentaries/detail/it-s-time-to-end-tb-in-the-
philippines#:~:text=About%201%20million%20Filipinos%20have,killer%20among%20all%20infectious%20diseases.
4
https://alcoholrehab.com/alcoholism/alcoholism-in-the-philippines/#:~:text=*%20Drinking%20can%20seriously
%20damage%20mental,ability%20to%20make%20good%20decisions.
5
http://www.ias.org.uk/What-we-do/Publication-archive/The-Globe/Issue-4-2001-amp-3-2001/Alcohol-and-
media-The-situation-in-the-Philippines.aspx
Section 1. Title. - This Ordinance shall be known as “Tobacco and Alcohol
Regulation Ordinance.”

Section 2. Policy. - It is the policy of the State to protect the populace from
hazardous products and promote the right to health and instill health consciousness
among them. It is also the policy of the State, consistent with the Constitutional
ideal to promote the general welfare. For these purposes, the government shall
institute a balanced policy whereby the sale of tobacco and alcoholic products shall
be regulated in order to promote a healthful environment and protect the citizens
from the hazards these products may bring.

Section 3. Coverage. — This Ordinance shall apply to all persons, whether natural
or juridical, and in all places, found within the territorial jurisdiction of the
Municipality of Bambang.

Section 4. Purpose. - It is the main thrust of this Ordinance to:

a. Promote a healthful environment;

b. Inform the public of the health risks associated with cigarette smoking and
tobacco and alcohol use; and

c. Regulate the sale of tobacco products and alcohol beverages.

Section 5. Definition of Terms. - As used in this Ordinance:

Section 6. The sale of Tobacco and Alcoholic Beverages are hereby regulated as
follows, to wit:

Sale by Micro Enterprises/Small Store owners to individuals:

1. The maximum sale of tobacco products/cigarette shall be 2 (two) sticks

per day.

2. The maximum sale of alcoholic beverages shall be 2 (two) bottles per

day.

3. The maximum sale of tobacco products/cigarette shall be 12 (twelve)

sticks during an occasion.
 4. The maximum sale of alcoholic beverage shall be 1 (one) dozen of
bottles during an occasion.

Sale by Small/Meduim Enterprises / Supermarket owners/managers or

Public Market vendors to Micro Enterprises/Small Stores:

1. The maximum sale of tobacco products/cigarette shall be 5 (five) reams

per month or when all products are sold, or whichever comes first.

2. The maximum sale of alcoholic beverages shall be 5 (five) box or the

same quantity per month or when all products are sold, or whichever
comes first.

3. The maximum sale of tobacco products/cigarette shall be packs 2 (two)

packs during an occasion.

4. The maximum sale of alcoholic beverage shall be 2 (two) dozen of

bottles during an occasion.

Sale by Distributors to Small/Medium Enterprises / Supermarket or Public

Market:

1. The maximum sale of distributors shall be 25 (twenty-five) reams per

month or when all products are sold, or whichever comes first

2. The maximum sale of distributors shall be 25 (twenty-five) box per

month or when all products are sold, or whichever comes first.

Section 7. Prohibited acts. The following acts are declared unlawful and prohibited
by this Ordinance:

1. It shall be unlawful for Micro Enterprises/Small Stores owners to sell

beyond the maximum limit of tobacco products/cigarette and alcoholic
beverages to individuals.
 a. First offense – A Fine of two thousand five hundred pesos (P2,
500.00) or shall suffer the penalty of arresto menor in its minimum
period.
b. Second offense – A fine of two thousand five hundred pesos (P2,
500.00), suspension of Business Permit and shall suffer the penalty of
arresto menor in its medium period.
c. Third and subsequent offenses – A fine of two thousand five hundred
pesos (P2, 500.00), revocation of Business Permit and shall suffer the
penalty of arresto menor in its maximum period.

2. It shall be unlawful for Small/Meduim Enterprises / Supermarket

owners/managers or Public Market vendors to sell beyond the maximum
limit of tobacco products/cigarette and alcoholic beverages to Micro
Enterprises/Small Stores.

a. First offense – A Fine of two thousand five hundred pesos (P2,

500.00) or shall suffer the penalty of arresto menor in its maximum
period.
b. Second offense – A fine of two thousand five hundred pesos (P2,
500.00), suspension of Business Permit and shall suffer the penalty of
arresto mayor in its minimum period.
c. Third and subsequent offenses – A fine of two thousand five hundred
pesos (P2, 500.00), revocation of Business Permit and shall suffer the
penalty of arresto mayor in its medium period.

3. It shall be unlawful for Distributors to sell beyond the maximum limit of

tobacco products/cigarette and alcoholic beverages to Micro
Enterprises/Small, Small/Meduim Enterprises/ Supermarket
owners/managers or Public Market vendors and to individuals.

a. First offense – A Fine of two thousand five hundred pesos (P2,

500.00) or shall suffer the penalty of arresto menor in its maximum
period.
b. Second offense – A fine of two thousand five hundred pesos (P2,
500.00), suspension of Business Permit and shall suffer the penalty of
arresto mayor in its minimum period.
 c. Third and subsequent offenses – A fine of two thousand five hundred
pesos (P2, 500.00), revocation of Business Permit and shall suffer the
penalty of arresto mayor in its medium period.
Section 8. Owners/Managers and Vendors shall keep a Purchase Journal with the
name, age, signature, and address of the person/s who purchase tobacco
products/cigarette and alcoholic beverage. The Journal shall be reviewed by the
Task Force or any existing team.
Concealment of True name and other personal circumstances shall be governed by
the second paragraph of Article 178 of the Revised Penal Code.
Failure to do or provide a Purchase Journal shall pay a fine of two thousand five
hundred pesos (P2, 500.00), suspension of Business Permit and shall suffer the
penalty of arresto menor in its minimum period.
Section 9. Falsification of Purchase Journal shall pay a fine of two thousand five
hundred pesos (P2, 500.00), revocation of Business Permit and shall suffer the
penalty of arresto mayor in its medium period.
Section 10. Collusion by the manager/vendor/owner and buyer shall be prohibited.
Any person found guilty shall pay a fine of two thousand five hundred pesos (P2,
500.00), revocation of Business Permit and shall suffer the penalty of arresto
mayor in its medium period.
Section 11. No Contest Provision. Persons liable who have been apprehended or
cited for violation of any of the prohibited acts of this Ordinance, and who do not
wish to contest the violation, and is willing to pay voluntarily the administrative
penalty imposed upon him/her for the first offense enumerated in Section 7, prior
to the filing of formal charges with the proper court shall be allowed to pay the
penalty with the Municipal Treasurer's Office, within five (5) regular business days
from apprehension, to avoid being criminally prosecuted. Otherwise, the case shall
be prosecuted in court. The “No Contest Provision” can no longer be availed for
second and third and subsequent offenses.
Section 10. Subsidiary Imprisonment. Subsidiary imprisonment may be imposed
by the court in the event that the offender, who is found guilty of violating the
provisions of this Ordinance, is unable to pay the fine which he is sentenced to pay.
Section 11. Enforcement on Establishments. — Thirty calendar days after the
effectivity of this Ordinance, an inspection team composed of representatives from
the Health Office, Permits and Licenses 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. Regular inspection shall
thereafter be conducted at least once every week or simultaneously with other
regular inspections done by the appropriate Municipal 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 noncompliance with or of any violation of this Ordinance.
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) calendar days after such
issuance. If the establishment fails to comply with the obligations stated in the
Citation Ticket upon reinspection, the inspection team shall recommend the
suspension of its license/permit, consistent with Section 7 hereof.
Section 12. Separability Clause. Should any provision (s) of this Ordinance be
declared invalid or unconstitutional by a court of competent jurisdiction, the same
shall not affect the validity of the other provisions not so declared.
Section 13. Repealing Clause. Any Ordinance, rules and regulations or part thereof
which are inconsistent or in conflict with the herein ordinance is hereby repealed,
amended or modified accordingly.
Section 14. Effectivity. This Ordinance shall take effect thirty (30) days after its
approval and publication through posting of the text thereof in the Municipal Hall
and three (3) conspicuous places in the Municipality of Bambang.

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