Frequently Asked Questions



What are the penalties for violators of the ordinance?
Thursday, 11 June 2009 09:43
The penalties are aimed at establishments, owners, operators or drivers of public conveyances, adult individuals and minors.

Section 29. PENALTIES IN THE CASE OF ESTABLISHMENTS – The following penalties shall apply to the violators of any of the provisions of Section 5 to 16 of this Ordinance who are the owners, proprietors, operators, managers, caretakers or administrators of establishment and who are owners, operators, or drivers of any type of vehicle used for public conveyances:
  • 29.1 First Offense – an administrative fine of One Thousand Pesos (P1,000.00) shall be imposed.
  • 29.2 Second Offense – an administrative fine of Two Thousand Pesos (P2,000.00) shall be imposed.
  • 29.3 Third and Subsequent Offenses – an administrative fine of Five Thousand Pesos (P5,000.00) and cancellation or revocation of the business permits and/or licenses to Operate.
  • 29.4 In case of failure to pay said administrative liability, within the prescribed period, the owners, proprietors, operators, managers, caretakers or administrators of the establishment shall be penalized with a fine of Five Thousand Pesos (P5,000.00) or an imprisonment of TEN (10) days or both at the discretion of the Court and cancellation of revocation of the business permit and/or license to operate.
Section 30. PENALTIES IN THE CASE OF INDIVIDUALS – The following penalties shall apply to any person or individual who willfully or knowingly smokes in a designated “No Smoking” places which is a violation of the pertinent provisions of this Ordinance and/or violates (a), (b), (e) and (f) of the Section 12 of this Ordinance:
  • 30.1 First Offense – an administrative fine of Five Hundred Pesos (P500.00) shall be imposed.
  • 30.2 Second Offense – an administrative fine of One Thousand Pesos (P1,000.00) and Shall undergo Smoking Cessation Counseling.
  • 30.3 Third or Subsequent Offenses – an administrative fine of Five Thousand Pesos (P5,000.00) and shall undergo Smoking Cessation Counseling.
  • 30.4 In case of failure to pay the administrative fine for the first offense – The offender shall render community service for one (1) day.
In case of failure to pay the administrative fine for the second offense – the of fender shall render community service for three (3) days.
In case of failure to pay the administrative fine for the third and subsequent offenses – the offender shall render five (5) to ten (10) days of community service.

30.5 In case of failure to pay the administrative liability within the prescribed period under this Ordinance or to render community service as required under this section, the violator shall be charged in Court, and if found guilty, shall be penalized to pay a fine of FIVE THOUSAND PESOS (P5,000.00) or an imprisonment of 1 to 10 days or both at the discretion of the Court.

30.6 Community Service – shall include but not limited to: 
a) In case the violator is professional – to render professional service for free;
b) Cleaning of parks, public market, canals, esteros and other public places;
c) Tree planting; and
d) Donate at least 500 cc of blood to the City Government of Legazpi

After completion of the community service, a certificate of clearance of completion shall be issued by the office or agency concerned where the service was rendered.

Section 31. PENALTIES IN THE CASE OF MINOR OFFENDERS – The following penalties shall apply to any minor offender of this Ordinance:

31.1 First Offense – warning
31.2 Second Offense – an administrative fine of Five Hundred Pesos (P500.00) or shall undergo Smoking Cessation Counseling. In addition, the parent or guardian of the minor offender shall be required to attend the same counseling.
31.3 Third and Subsequent Offenses – an administrative fine of One Thousand Pesos (P1,000.00) or shall undergo rehabilitation for at least ten (10) days in the government-owned or accredited Smoking Cessation Clinic.
31.4 The above penalties for minor offenders shall be applied without prejudice to the application of the provisions of Article 189 of Presidential Decree no. 603 otherwise known as The Child and Youth Welfare Code as amended.
31.5 In case of failure to pay the administrative fine for the second offense – the minor offender shall render community service of one (1) day.

In case of failure to pay the administrative fine for the third and subsequent offenses – the minor offender shall render three (3) days of community service.
Last Updated on Saturday, 20 June 2009 03:42
 

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