MMDA: DOH, LTFRB and mayors deputized us to enforce anti-smoking drive

MANILA, Philippines — The Metropolitan Manila Development Authority (MMDA) said on Wednesday they would continue enforcing the anti-smoking drive despite a Court of Appeals (CA) ruling that declared the agency as having no power and authority to implement the law.

On Wednesday, the CA ruled that the MMDA cannot implement the anti-smoking campaign, a decision which also upheld the ruling of the Mandaluyong Regional Trial Court Branch No. 213 two years ago.

MMDA Chair Francis Tolentino elevated the case to the CA after the agency lost to the case filed by Mandaluyong residents Anthony Clemente and Vrianne Lamsen, who were apprehended for smoking along Edsa in Cubao Quezon City in 2011. The two were fined P500 each.

The MMDA is not one of the members of the Inter-Agency Committee-Tobacco who have “exclusive power and function to administer the provisions” of the Tobacco Regulation Act of 2013 or Republic Act No. 9211, according to the CA ruling.

In response, MMDA General Manager Cora Jimenez said that they would not stop the agency’s campaign on anti-smoking.

“One of our mandates is health and sanitation including environmental protection based on Republic Act No. 7924 (An Act Creating the Metropolitan Manila Development Authority, Defining its Powers and Functions, Providing Funds Therefor and for Other Purposes),” Jimenez explained.

She added that the MMDA has been deputized by the Department of Health and the Land Transportation Franchising and Regulatory Board since 2011.

“The 17 local government units in Metro Manila have completed their respective ordinances on anti smoking advocacy. Through a Metro Manila Council (MMC) Resolution, the mayors have agreed we enforce RA 9211,” noted Jimenez.

The MMDA general manager said they would soon present a position paper to prove their mandate to enforce the anti-smoking drive. She did not say what their next legal move would be.