Mandaluyong court turns down MMDA appeal on smoking ban

MANILA, Philippines – The Mandaluyong Regional Trial Court has denied the appeal of the Metropolitan Manila Development Authority for it to reconsider a temporary order restraining the MMDA from prohibiting smoking in places other than those specified by law.

In his two-page resolution, Judge Carlos Valenzuela of the Mandaluyong RTC Branch 213 said the motion for reconsideration was denied due to “lack of merit.”

“After a diligent study of said motion, so with the comment/opposition thereto, this court finds no cogent or compelling reason to reconsider the Order dated 15 August 2011,” Valenzuela said.

He said the MMDA did not present new matter which the court has not evaluated prior to its decision to issue a TRO against the smoking ban.

The TRO stemmed from a petition filed by two security guards who were apprehended by the MMDA environmental officers in Cubao, Quezon City in July.

Through their lawyer Luis de la Paz, they claimed that the MMDA has no authority to apprehend smokers and that the anti-tobacco law does not include sidewalks, major and minor roads in its definition of public places where smoking is prohibited.