MMDA dismayed over injunction on smoking ban

MANILA, Philippines - Metropolitan Manila Development Authority (MMDA) Chairman Francis Tolentino yesterday expressed dismay over the preliminary injunction issued by Mandaluyong Regional Trial Court Branch 213 Judge Carlos Valenzuela on the arrest of persons smoking along the major and minor roads of Metro Manila and along sidewalks.

“Pending the determination of whether or not the respondent MMDA has valid authority to implement RA (Republic Act) 9211, there is an obvious and imperative need for preliminary injunction, a provisional measure to prevent or restrain in the meantime the MMDA to implement its smoking ban in open areas not covered by the definition of public places in RA 9211 so that its implementation may not render moot and acadamic the main issue in this case,” Valenzuela’s order said.

Valenzuela’s order did not set any duration.

The Mandaluyong RTC injunction noted that “being an open area, a sidewalk without a confined or enclosed space cannot be considered within the definition of public places under Section 5 of RA 9211.”

Section 5 of RA 9211 prohibits smoking in public places such as centers of youth activity including schools, elevators and stairwells, locations where fire hazards are present, within public and private hospitals and other medical facilities, public conveyances and facilities such as transport terminals, train and bus stations, restaurants and conference halls, and food preparation areas. 

Tolentino said the MMDA remains steadfast in its anti-smoking efforts despite the injunction.

“Everyone deserves to breathe clean air.  The MMDA, with its mandate to uphold public health and anti-pollution, is steadfast in its efforts to minimize the deadly effects of smoking. We have done so, and shall continue to do so, in accordance with the parameters set by the law,” he said.

“Our campaign is supported by the Department of Health, local government units in Metro Manila and beyond, the Philippine Medical Association, and so many other individuals and associations who believe in a healthy and smoke-free environment. The public knows more about the pernicious effects of smoking.  Other local government units, even outside of Metro Manila, are launching their own anti-smoking campaigns,” he added.

Meanwhile, the MMDA yesterday started putting up cigarette bins along major roads where smokers can smoke and stub out their cigarettes.

Tolentino said the measure is in line with RA 9211, which mandates the MMDA to designate smoking areas in places not covered by the absolute smoking ban.

The bins, 55-gallon steel drums cut in half and filled with sand, will be placed in strategic areas, most of them about 10 meters away from bus loading and unloading bays. 

Tolentino called on the public not to move, dislodge, or throw any other kind of trash into the bins.

The MMDA said 29 bins will be placed along EDSA particularly at Baclaran, Pasay, Magallanes, Ayala, Buendia, Estrella, Guadalupe, Megamall, Santolan, Cubao, Kamuning, Quezon Avenue, Oliveros, Muñoz, and Monumento.

In Quezon City, 13 bins will be put up along the stretch of Commonwealth Avenue, particularly at Philcoa, University Avenue, at the Diliman Prep School, Ever Gotesco, IBP Road, St. Peter’s Church, Ayala Technohub, Central Avenue, and at Don Antonio Road.