MMDA can’t enforce anti-smoking ban – Court of Appeals

MANILA, Philippines - The Metropolitan Manila Development Authority (MMDA) cannot ban smoking in public places and on streets in the metropolis, the Court of Appeals ruled yesterday.

Dismissing a petition of MMDA Chairman Francis Tolentino, the CA upheld a Mandaluyong regional trial court decision that the MMDA cannot enforce the provisions of Republic Act 9211, the Tobacco Regulation Act of 2013 since it is not a member of the Inter-Agency Committee-Tobacco, which was given the exclusive power and function to administer provisions of that law.

“Respondent-appellant MMDA is also not stated as one of those members of IAC-Tobacco,” the decision declared.

Even the anti-smoking ordinances of local governments in Metro Manila have not deputized the MMDA to ban smoking, the CA said.

“Respondent-appellant MMDA, in issuing its resolution implementing R.A. 9211, arrogated upon itself powers and functions which are not given to it by law,” read the CA decision.

“Accordingly, respondent-appellant MMDA’s resolution implementing R.A. No. 9211 is invalid and ineffectual.”

The CA rejected Tolentino’s claim that the MMDA is vested with authority to implement laws and ordinances relating to the protection of the environment and public under its charter, Republic Act No. 7924.

The MMDA’s functions are purely administrative in nature and it has no police and legislative powers, the CA said.

Among the members of the IAC-Tobacco are the secretaries of the Departments of Agriculture, Justice, Environment and Natural Resources, Science and

Technology and Education, the administrator of the

National Tobacco Administration, representatives from the tobacco industry to be nominated by legitimate and recognized associations and a representative from a non-government organization involved in public health promotion nominated by DOH in consultation with the concerned NGOs.

Associate Justice Maria Elisa Sempio-Diy wrote the decision. Associate Justices Ramon Bato Jr. and Manuel Barrios concurred.

The case arose from the complaints of Anthony Clemente and Vrianne Lamsen, whom the MMDA had arrested for smoking in front of Farmer’s Plaza in Cubao, Quezon City.

They were fined P500 each or be forced to render community service or imprisoned if they fail to pay the fine.

The Mandaluyong court ruled in favor of Clemente and Lamsen.

On July 21, 2011, the court stopped the MMDA’s anti-smoking drive.

Despite the CA decision, the MMDA said it will not stop its drive against public smokers in Metro Manila.