Cooperate and breathe freely

Egay Uy . 

PEOPLE have asked why no arrests have been made of those who were caught smoking in public places despite the issuance of Executive Order No. 26 by the president.  Quite a good number of text messages and Facebook messenger notes have been received by members of the Smoke-Free CdeO Task Force, me included, why the police have not started apprehending smokers yet.

As previously stated by the Chairperson of the Smoke-Free CdeO Task Force, Councilor Ma. Lourdes Gaane, the current phase of the campaign is focused on the massive information dissemination on the enforcement of the Order.

To implement this Order, Mayor Oscar S. Moreno issued Executive Order No. 102 creating the smoke-free task force of the city.  EO 26 provides for the establishment of smoke-free environments in public and enclosed places.  In the process, it seeks to regulate the use, sale and distribution tobacco products.

The task force is also in the process of fine-tuning a proposed city ordinance that will give teeth to the smoke-free campaign.  The ordinance will include provisions for the establishment of designated smoking areas which certain business operators may opt to put up because of the nature of their businesses.

It will also provide for the creation of a task force that will be a policy-making body on matters related to the smoke-free campaign, for penalties and administrative fines for violations, and may even include the use of vape gadgets, among other provisions.

It may be recalled that the campaign first started in the national and local government compounds and offices, coupled with an information dissemination campaign.  It was also agreed by the task force under EO 102 that at this stage no arrests or apprehensions will yet be made.

Supt. Mardy Hortillosa of the Cocpo was right in saying that there was yet no city ordinance providing for a more comprehensive smoke-free campaign because while there is already a 1994 anti-smoking ordinance, that ordinance is limited in its scope and implementing it could lead to confusion both to the apprehending officers and to the violators.

Besides, apprehending so many smokers at this time, before they are given time to do a voluntary smoking cessation program, could tie the hands of the city prosecutors and the police.

It will be best therefore it we all could cooperate so we could breathe freely.

(Egay Uy is a lawyer. He chairs the City’s Regulatory and Complaint Board, co-chairs with the city mayor the City Price Coordinating Council, and chairs the city’s Joint Inspection Team.  He retired as a vice president of Cepalco.)