2 apprehended smokers take MMDA to court

Lawyers of the Metropolitan Manila Development Authority (MMDA) on Wednesday grilled two smokers on their motives for asking the Mandaluyong Regional Trial Court (RTC) to stop the agency from implementing the smoking ban.

During the hearing in the sala of Judge Carlos Valenzuela of Mandaluyong RTC Branch 213, a team headed by Rochelle Macapili, MMDA’s legal department chief, also asked the petitioners if they knew about Republic Act of 9211, or the Tobacco Regulation Act of 2003.

Antony Clemente and Vrianne Lamsen admitted they were not aware of it, upon questioning by lawyer Cecil Sato.

Clemente and Lamsen filed a civil case after they were apprehended by an MMDA enforcer on July 6 for smoking on the sidewalk along Edsa near Farmers Market in Cubao, Quezon City.

The two, who were earlier described by their lawyer Luis de la Paz as “minimum-wage earners working as security guards” told the court on Wednesday they were warehouse men at the Manila Water stockyard in San Juan City.

De la Paz is the first to challenge MMDA’s expanded ban on smoking in the metropolis.
Asked about their reasons for filing the case, Clemente said he didn’t want to be fined, while Lamsen said he was afraid to be put in jail.

Both said their office referred them to De la Paz who helped them draft the affidavit, but said they could not remember who asked them to go to De la Paz.

The MMDA lawyer also asked them about their salaries and how much they paid for the filing fees.

De la Paz, an associate at Gonzales Batiller Leabres & Reyes law firm and legal consultant of the World Wildlife Fund, maintained that the case was not about smoking “but about the constitutional rights of the public.”

“Even if you attribute all types of malice to the filing of the case, the fact remains that they (MMDA) have no authority to apprehend or fine these people,” he said.

De la Paz said RA 9211 does not mention MMDA as a member of Inter-Agency Committee Tobacco which was created to enforce the tobacco law. The committee is composed of the Department of Trade and Industry, Department of Health and the Department of Agriculture

“The MMDA does not have police and legislative powers. What will they ban next, kikiam or fish ball on the streets? The law must be implemented within its parameters,” De la Paz said.

The law does not include roads and sidewalks as part of the public places where smoking is prohibited, he added.