Mandaluyong RTC rules: Smoking cigarettes in open spaces allowed 08/17/2011

Mandaluyong RTC rules: Smoking cigarettes in open spaces allowed

08/17/2011
The Mandaluyong Regional Trial Court (RTC) yesterday issued a temporary restraining order (TRO) stopping the Metropolitan Manila Development Authority (MMDA) from implementing its smoking ban along major thoroughfares, secondary roads and sidewalks in Metro Manila.

The TRO stemmed from a complaint by Antony M. Clemente and Vrianne I. Lamson who were accosted by MMDA’s so-called environmental enforcers while smoking cigarettes on a sidewalk along Edsa near Farmer’s Market in Cubao, Quezon City last July.

The two were issued environmental violation receipts and fined P500 each for disobeying the smoking ban.
In issuing the TRO, Judge Carlos A. Valenzuela cited the decision of the Supreme Court in MMDA vs Bel-Air Village Association Inc. (328 SCRA 636) where it ruled that Republic Act (RA) 7924 (An Act Creating the MMDA ) does not grant the MMDA with police or legislative powers and that all “its functions are administrative in nature.”.... MORE

Source:  The Daily Tribune

URL: http://www.tribuneonline.org/metro/20110817met1.html