| Republic of the Philippines |
| Province of Occidental Mindoro |
| MUNICIPALITY OF MAMBURAO |
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| OFFICE OF THE SANGGUNIANG BAYAN |
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| Address: Municipal Building, Mamburao, Occidental Mindoro Tel. No.: (043) 711-1813 |
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| EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG |
| BAYAN OF MAMBURAO, OCCODENTAL MINDORO HELD ON OCTODER 30,2007 AT THE |
| SUNNGANIANG BAYAN SESSION HALL. |
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| MUNICIPAL ORDINANCE NO.09 |
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| AN ORDINANCE REGULATING THE SALE OF |
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| INTOXICATION LIQUIDS ANG CIGARETTES IN THE |
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| MUNICIPALITY OF MAMBURAO, OCCIDENTAL MINDORO. |
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| Introduced by Councilors, JACINTO A. OLFATO, DAMASO |
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| G. ABELEDA II, ANGELINA F. TRIS, DONALD L. |
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| TADEJA, ELORDE A. MASANGKAY, ALOBERTO . |
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| ALASTRE, LINDA R. TAJONERA, and SEGUNDO B. |
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| MAGUAD. JR. |
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| WHEREAS, Section 497 (a) (2) (v) of the local Government Code of |
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| 1991 provides that the Sangguniang Bayan shall regulate the sale, giving |
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| away or dispensing of any intoxicating malt, vino, mixed, of fermented |
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| Liqours at any retail outlet; |
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| WHEREAS, Republic Act No. 9211 otherwise known as " Tabacco |
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| Regulation Act of 2003 was signed into law by President Gloria |
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| Macapagal - Arroyo las june 23,2003 purposely to regulate the selling of |
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| ciggarettes ang other tabacco products; |
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| WHEREAS, the Municipality of Mamburao, Occidental Mindoro, in |
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| accordance with these laws, seeks to regulate the cigarettes |
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| and intoxicating liquors in the locality especaially among minor; |
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| NOW THEREFORE: |
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| BE IT ORDAINED BY THE SANGGUNIANG BAYAN OF |
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| MAMBURAO, OCCIDENTAL MINDORO, in its session assembled |
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| that: |
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| ARTICLE 1. SHORT- TITLE. This ordinate shall be known |
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| as " An ordinance regulating the sale of intoxicating liquors and |
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| cigarettes in the unicipality of Mamburao, Occidental mindoro. " |
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| ARTICLE 2. DECLARATION OF POLICY- |
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| SECTION1. The Municipal Government of Mamburao, |
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| Occidental Mindoro shall regulte the sale, giving away or dispensing of |
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| any intoxicating liqours and cigarettes at any store and retail outlet in the |
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| territorial jurisdiction of this municipality. |
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| SECTION 2. The basis of this ordinance particularly the selling |
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| of cigerettes and other tabacco products is Republic Act No. 9211 - The |
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| Tabacco Regulation Act of 2003. |
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| ARTICLE 3. PURPOSES- |
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| a) To promote healthful and clean environment. |
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| b) To create awareness on the ill- effects of drinking of |
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| intoxicaing liquors and smoking of cigarettes to the health of its |
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| constituents. |
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| c) To pro tect and discourage our minors from drinking |
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| intoxicating liquors and initiate to cigerette smoking and tabacco. |
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| ARTICLE 4. DEFINITION OF TERMS- When used in this |
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| ordinance the following words shall mean: |
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| a) cigarette -a short cylinder of finely cut tabacco rolled in |
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| very thin paper for smoking. |
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| b) consumer - someone who uses articles made by another. |
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| c) liquor - drink of high alcoholic content. |
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| d) minors - children below 18 years old. |
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| e) nicotine - addicted drug in tabacco. |
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| f) regulate - to control by rules or system. |
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| g) retail -the sale of goods in the qualtities directly to |
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| consumers. |
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| h) retail store - establihments that sale goods in quantities |
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| directly to consumers. |
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| i) sale - a selling or being sold. |
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| j) tar - powerful cancer causing agents. Whenever it |
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| touches living tissue, it produce abnormsl cells |
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| where cancer starts. |
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| k) tabacco - a genus of plants with large ovate leaves and |
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| white or pink flowers. |
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| ARTICLE 5. REGULATORY PROVISIONS. - |
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| Section 1 - No smoking areas - aAll public places such as schools, |
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| restaurants, cafeterias, bus terminals, recreational facilities, parks, |
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| airports, Bus stations conference halls, food preparation areas, hospitals, |
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| clinics, laboratoroes and fire hazard places are hereby declared " No |
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| smoking areas." |
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| Section 2 - Stores selling intoxicating liquors and tabacco |
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| products must post a notice that " sale/distribution to or purchased by |
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| minors or intoxicating liquors, cigarettes and tabacco products are |
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| strickly prohibited." |
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| Section 3 - Store are also prohibited from selling tabacco |
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| products and intoxicating liuors within 100 meters, away from school, |
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| playground or other facilities frequent by minors. |
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| Section 4 - minors are those below 18 years old of ge are strickly |
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| prohibited from buying and/ or drinking intoxicating liquors and smoking |
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| cigarettes. |
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| Section 5 - Drinking of intoxicating liquors in front of retail |
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| stores within the territorial jurisdiction of jis municipality is strickly |
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| prohibited. |
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| ARTICLE 6. Administrative provisions - |
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| Section 1- The office of the Municipal Mayor, through the |
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| assistance of the Mamburao PNP as well as barangay officials of this |
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| municipality are hereby authorized .to implement this ordinance. |
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| Section 2 - The office of the Municipal Mayor, through the |
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| assistance of the local PNP as well as barangay offocials shall also |
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| institute an apropraite and widest information dissemination to all |
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| concerned. |
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| ARTICLE 7 - PENAL PROVISION |
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| Section 1- Any person who shall violat, disobey,refuse or |
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| neglect to comply any of the provisions of this ordinance shall be |
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| punished with the following: |
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| First Offense P500.00 |
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| Second Offense P1,000.00 |
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| Third offense P2,000.00 or an imprisonment for a |
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| period not exceeding 6 months or |
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| both such fine and imprisonment at |
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| the discretion of the court |
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| Section 2 - Stores who will be caught selling intoxicating liquors |
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| and cigarettes or tabacco products to minors shall be punished with the |
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| following: |
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| First Offense P500.00 |
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| Second Offense P1,000.00 |
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| Third offense P2,000.00 revocation of |
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| business permit… |
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| Section 3 - Minors who wlll be caught buying intoxicating |
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| liquors and cigarettes shall be punished with the following: |
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| First Offense P200.00 |
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| Second Offense P300.00 |
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| Third Offense P500.00 or an imprisonment of 5 |
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| days or both such fine and |
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| imprisonment at the discretion of |
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| the court. |
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| Parents, relatives or any person who will order, allow or forced a minor |
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| to buy cigarettes or intoxicating liquor shall be held jontly ans solidarily |
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| liable an will be punished with the penalty provided for in Section 3 |
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| Article 7 of his ordinance. |
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| ARTICLE 8. SEPARATABILITY CLAUSE.- |
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| In the event that any provision of this ordinance is declared |
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| invalid, the other provisions not affected thereby shal remain in full |
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| force and effect. |
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| ARTICLE 9. REPEALING CLAUSE.- |
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| All local laws, rules and regulations which inconsistent with |
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| this ordinance are hereby repealed or modified accordingly. |
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| ARTICLE 10. EFFECTIVITY CLAUSE.- this ordinance |
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| shalll take effect fifteen (15) days after its posting conpicuos places |
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| ]within the jurisdicton of this municipality and after the required review |
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| by the Sangguniang Panlalawigan. |
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| Enacted and approved this 20th day of March 2006 at |
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| Mamburao, Occidental Mindoro. |
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| I HEREBY CERTIFY to the correctness of the above- quoted |
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| ordinance. |
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