Smoking ban TRO lapses; sidewalk smokers beware

MANILA, Philippines - Environment enforcers of the Metropolitan Manila Development Authority (MMDA) resumed apprehending smokers on the sidewalks of Metro Manila yesterday after a 20-day temporary restraining order (TRO) on the anti-smoking campaign lapsed Sunday.

Mandaluyong Regional Trial Court Judge Carlos Valenzuela granted a petition for TRO filed by security guards Antony Clemente and Vrianne Lamsen, who were given violation tickets on July 6 by MMDA environment enforcers after they were caught smoking on the sidewalk on EDSA in Quezon City. The two were made to pay a fine of P500 each.

The 20-day TRO took effect on Aug. 23 after the petitioners lodged with the court a P100,000 bond.

Valenzuela ruled that the area where Clemente and Lamsen were apprehended was not “enclosed or confined” as defined under Republic Act 9211 or the Tobacco Regulation Act of 2003. He said the MMDA must implement the prohibition of smoking in places that are only specified in RA 9211.

As of Sept. 9, the MMDA has apprehended 7,627 persons for violating the smoking ban.