Doctors ask judge to lift TRO on smoking ban

MANILA, Philippines - Two doctors asked a Mandaluyong City judge yesterday to take back his temporary restraining order (TRO) preventing the Metropolitan Manila Development Authority (MMDA) from implementing the provisions of the Tobacco Regulation Act (Republic Act 9211) banning smoking in public places and public utility vehicles.

Dr. Realiza Henson and physician Dr. Rosario Cruz-Dalida attended the hearing on the motion for reconsideration filed by the MMDA before Judge Carlos Valenzuela of Mandaluyong Regional Trial Court Branch 213.

“We are supporting the implementation of the anti-smoking law because smoking really kills. More so, the secondhand smoke. The number one victims of secondhand smoke are the children. If they want to smoke, let them die alone. But spare the children from its ill effects,” Henson, a pediatrician, said. She is the president of the Quezon City Medical Association, a chapter of the Philippine Medical Association (PMA).

Henson said one of the most prevalent illnesses suffered by children who consistently inhale secondhand smoke is pneumonia, one of the “top killers of children today.”

She said they went to the hearing to convince smokers to quit. “We are saddened by the fact that a TRO was issued against smoking ban being implemented by the MMDA. Yes, we are asking the judge to lift the TRO. To all smokers, have pity on those who are surrounding you and have pity on the environment,” Henson said.

Henson said the PMA and its chapters all over the country joined the MMDA’s rally against smoking last July and “are ready to join any rally against smoking.”

Valenzuela earlier granted the petition of security guards Anthony Clemente and Vrianne Lamsen questioning their apprehension by MMDA environment enforcers for smoking, saying the area where they smoked was not an “enclosed or confined” area as defined under RA 9211.

In yesterday morning’s hearing, Metro Mayors Council records custodian Jennilyn Alvarez submitted a copy of RA 9211 to show that the MMDA will implement the smoking ban in areas of the metropolis without an anti-smoking ordinance.

Alvarez said the RA 9211 also recognized the authority of the local government units to implement anti-smoking ordinances.

During yesterday’s hearing, Clemente and Lamsen’s lawyer, Gregorio Jesus de la Paz, filed a 12-page opposition to the MMDA’s motion for reconsideration.

Clemente and Lamsen said the MMDA, in its motion for reconsideration, did not rebut the issues they raised against the MMDA’s authority to implement the smoking ban.

Clemente and Lamsen said they will not oppose the anti-smoking law for as long as it is “enforced in accordance with the provisions of RA 9211 by the proper implementing body.” They said the proper authority to implement the provisions of RA 9211 is the Inter-Agency Committee-Tobacco or IAC-T, which “has been designated as the “exclusive” body with the power and function to administer the provision of RA 9211” and not the MMDA.

Valenzuela gave the MMDA 10 days to submit its reply on the opposition filed by Clemente and Lamsen.