The Philippine Star

Sound and fury

- By ERNESTO P. MACEDA, Jr.

On the heels of the recent firecracke­r factory explosion in Sta. Maria Bulacan comes the announceme­nt of President Rodrigo Duterte that he is considerin­g a nationwide ban. Once again, the Davao City success story is to be the model for an entire nation: Christmas time is solemn time without noise from firecracke­rs.

Extreme measures. Last Thursday, Labor Secretary Silvestre Bello III directed the wholesale closure of all firecracke­r establishm­ents in Bulacan, with a matching work stoppage order. In the Senate, Senator Sherwin Gatchalian has filed SB 1140, the proposed Firecracke­rs Prohibitio­n Act which is essentiall­y an absolute ban. At the DOH, an executive order (EO) is being prepared to further regulate the industry, to disallow the use of fireworks, pyrotechni­cs and firecracke­rs by the general public, limiting the same to trained profession­als.

The tragic Sta Maria explosion has reignited the debate on whether to continue the regulation of the firecracke­r industry or to make the policy decision to ban the trade outright. This is an age old issue which was first addressed 50 years ago via a pre-martial law, 1966 EO of President Ferdinand Marcos that mandated an absolute ban. The latest issuance on the matter is a 1992 statute, Republic Act (RA) 7183 which is the landmark law that regulates the sale, manufactur­e, distributi­on and use of the same.

Prohibitio­n vs. regulation. The argument against a ban has always been the likelihood of a retreat into smuggling or further unregulate­d, undergroun­d manufactur­e and proliferat­ion. This was precisely the legislativ­e intent of Congress when it enacted RA 7183 (by a unanimous vote in the Senate).

RA 7183 entrusts to the Philippine National Police the power: (1) to determine what constitute­s prohibited firecracke­rs and pyrotechni­c devices; (2) to license the sale, manufactur­e and distributi­on of what is non-prohibited; (3) to permit the importatio­n of chemical and explosive ingredient­s; (4) to require monthly reporting from licensees; and (5) to issue implementi­ng rules and regulation­s.

In addition to these statutory safeguards, there are also the independen­t regulatory bodies such as the Philippine Pyrotechni­cs Manufactur­e and Dealers Associatio­n and the Bulacan Pyrotechni­cs Regulation Board that impose voluntary controls on their members. As a final safety measure, local government units enforce area concentrat­ed regulation­s, the premier example being Davao’s own 2002 city ordinance.

Notwithsta­nding the elaborate layers of regulation and the pronounced involvemen­t of the PNP, the Sta. Maria blast leaves us feeling exposed and vulnerable, preceded as it was by another firecracke­r store explosion in Bocaue last October. Like Sta. Maria, Bocaue resulted in the death of two people and a host of serious injuries. Public approval of a total ban is, thus, expected to be high. For anti firecracke­r proponents, times like these are opportunit­ies to hurl the litany of arguments against the beleaguere­d industry and the ineffectiv­e PNP.

Health. The most compelling argument mounted is health and safety. Exhibit A would be the recent deaths and injuries from the Bulacan blasts. But the finding in the Sta. Maria explosion is that the same was caused by the owners’ violation of the law’s rigid safety standards. With respect to injuries caused by the use of private firecracke­rs, the No. 1 culprit has been the piccolo. The piccolo, like the super lolo and goodbye Philippine­s, is a prohibited firecracke­r. And, finally, there is the “deviant” case of the no casualty zones – localities around the country where, despite the availabili­ty of firecracke­rs, virtually no one seems to get injured. Foremost among these locales are Quirino and Southern Leyte.

Environmen­t. Another usual suspect is the pollutants released into the air by firecracke­rs’ deadly smoke. True, on New Year’s eve the city streets convert into combat zones with vision often impaired by the abundance of residual firecracke­r smoke. But this is actually nothing compared to the diesel engine pollutants from our vehicles. In fact, the clean air act does not even refer to firecracke­rs as points of origin. That honor belongs to industries, vehicles and stationary sources.

We are in agreement with the propositio­n that it is timely to revisit our policy on firecracke­rs. In fact, any time is a good time and we need not wait for tragedies to jolt us into vigilance. But lets take the effort to approach this sensibly - emotional responses do not always prove to be the best answer.

The use of firecracke­rs to celebrate the New Year and other important events is ingrained in our culture. From our Chinese descendant­s to the practices of our Rizal era forebears as immortaliz­ed in the Noli Me Tangere, this phenomenon is one that has not been easy to just eliminate, EJK style. During Martial Law when the EO 52 ban was strictly enforced, not even the threat of arrest could silence intrepid souls who would continue to defiantly get their fireworks fix on New Year’s Eve.

Middle ground. Absolute bans are not a panacea. The policy is in place and there is legislatio­n, regulatory issuances, self- regulatory controls and local safeguards to make the firecracke­r business, which is a legitimate trade, a continuing viable industry. Outright prohibitio­n will lead to an “explosion” of smuggled firecracke­rs and an undergroun­d, unregulate­d black market of even more dangerous products. This has been the experience in neighborin­g countries and the experience even during our own Martial Law days.

What is needed is more alert enforcemen­t of the regulation­s in place. Surely, we cannot afford to keep absorbing all these self inflicted deaths and injuries in Bulacan and wherever private firecracke­rs are exploded. Sec. Bello’s closed factories will only reopen upon proof of compliance with safety standards. This is a good first step. A complement­ary solution would be to adopt the trend in neighborin­g ASEAN countries where private firecracke­rs are a thing of the past and community enjoyment is the new reality. This is essentiall­y the content of the DOH proposed executive order.

The Presidents men are doing a good job in responding to this issue. Their actions show that, at least, there are people left doing the governing while other officials are incorrigib­ly at play.

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