Anti-smoking cases in Davao City up by 10%

Municipal Trial Court in Cities–Office of the Clerk of Court (MTCCOCC) Branch 7 in Davao noted a 10 percent increase in cases filed for the anti-smoking ordinance in January this year as compared to the same period in 2016.

Judge Rufino Ferraris Jr. said their office recorded 85 cases filed last month for violation of the Ordinance No. 0367-12 or The New Comprehensive Anti-Smoking Ordinance, higher as compared to the same period in 2016 with 72 cases.

Ferraris attributed the cases filed in court to the efforts of the local government units and authorities to strictly implement the provisions of the ordi- nance.

"Depende yan sa apprehension ng ating kapulisan," Ferraris said, adding that Branch 7 is the only court that hears for violation of the antismoking ordinance here.

Ferraris, however, said the office also had pending cases due to fake name and/or incomplete name, and incomplete address of the accused. He said the court is encouraging the authorities to get the complete details of the accused.

The ordinance was passed by the Davao City Council in 2010 and approved by City Mayor Sara Duterte last 2011. The ordinance has canceled inconsistent provisions of the original comprehensive anti-smoking ordinance.

Based on the ordinance, anyone issued with ticket has the option to either contest the violation in court or voluntarily pay the P500 penalty imposed on him or her to avoid being criminally prosecuted within 3 days from apprehension.

It is clearly stated however that the no contest provision can only be availed once and that the violator must undergo smoking cessation counseling. Failure to undergo counseling still warrants the filing of a case in court.