Kalibo,Aklan- Caticlan/Cagban Jetty Ports and Passenger Terminals Management, starting August 1, 2010, is strictly enforcing Provincial Ordinance No.004,S.1995, “An Ordinance Banning Smoking in Certain Public Places in Aklan Province and Imposing Penalty for Violation Therof”, as amended by Provincial Ordinance No. 02-005.
Rex Victor V. Consemino, Provincial Government Assistant Department Head of the Province’s Economic Enterprise Development Department, has notified all department heads, chiefs of hospitals and EEDD unit heads that Mr. Niven M. Maquirang, Jetty Port Administrator, has been strictly implementing said provincial ordinance banning smoking in public places since August this year, specifically within the premises of the Caticlan/Cagban jetty ports and passenger terminals.
Provincial Ordinance No.004, S.1995 strictly banned smoking in hospitals, assembly halls, enclosed and air-conditioned public buildings, school rooms, auditorium, sports complex, movie houses, and other similar places and establishment except in designated smoking areas to be designated by the owner, administrator, head of office, or operator of said establishment.
However, the penalty imposed by said provincial ordinance as provided in Section 2 which is a fine of not more than One Hundred Pesos (P100.00), or, imprisonment from one to ten days of arresto menor, or both, such fine and imprisonment in the discretion of the Court, had been noted to be very soft.
Said ordinance was enacted on Oct.31, 1995 when the Vice Governor and regular presiding officer of the Sangguniang Panlalawigan was former vice governor, now, Sangguniang Panlalawigan member Jean O. Rodriguez with Governor Florencio T. Miraflores as the province’s chief executive and with the provincial legislative body then composed of lawyers Plaridel M. Morania, Ronquillo C. Tolentino (former Vice Governor), the late Victorio R. Mabasa, Lou P. Tirol, Alexander S. Sitjar, Romeo P. Inocencio, Apolinario Roldan (then representing the PCL) and Rodson F. Mayor (representing the ABC). Other members of the SP at that time were lawyers Santiago R. Regalado, Roberto M. Garcia Jr., and Jean T. Fuentes (representing the SK).
Upon passage of Republic Act No. 8749, otherwise known as the Philippine Clean Air Act, the penalty imposed, pursuant to Rule LVI Sec.5 of its implementing rules, against violators of the smoking ban is six months and one day to one yea imprisonment, or a fine of Ten Thousand Pesos (P10,000).
Hencefore, Provincial Ordinance No.02-005 introduced by lawyer Estrella M. Briones, then SP member, effectively amended Provincial Ordinance No.004, S.1995 adopting penalties imposed by R.A.8749.
The general public, tourist, commuters and all concerned utilizing the Caticlan/Cagban Jetty Ports and Passenger Terminal in coming to and from Boracay Island are hereby warned of violating of provincial ordinances banning smoking as well as the Philippine Clean Air Act.
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