MMDA to appeal Mandaluyong court's TRO vs smoking ban

Smokers, don't rejoice yet. Even as it makes the necessary adjustments, the Metropolitan Manila Development Authority plans to appeal a Mandaluyong City court's order excluding sidewalks and thoroughfares from the agency's anti-smoking ban. MMDA Chairman Francis Tolentino also said it will continue to enforce the smoking ban in areas not covered by the court order. This he said after a meeting with the agency's lawyers and representatives of the Office of the Solicitor General Tuesday night. "Susundin natin yan [TRO]... subali't ang interpretation namin kasama ang lawyers natin ay patungkol lang sa sidewalk at major thoroughfares. So ang dating nasasakupan ng batas ang bus terminals, sinehan, hospital, 'di kasali [sa TRO]," Tolentino said in an interview on dwIZ radio. "We will file a motion for reconsideration in the coming days," he added. On Tuesday, a Mandaluyong Regional Trial Court ordered the MMDA to stop enforcing its smoking ban on major and minor thoroughfares in the metropolis. Judge Carlos Valenzuela ruled in favor of two petitioners, Antony Clemente and Vrianne Lamson, who the MMDA apprehended last July. The court enjoined the MMDA against enforcing the no-smoking campaign in open areas not covered by the definition of public places under the Tobacco Regulation Act of 2003 for 20 days. In their petition, Clemente and Lamson asked the court to stop the MMDA's smoking ban on roads and sidewalks, claiming the ban was beyond what the law defined. But Tolentino said they will continue to implement the ban in other public areas such as bus terminals. He also said the MMDA has advised its personnel not to argue or debate with people who may have the impression that the court order includes all public places. Tolentino also said they expect "pilosopo" to annoy enforcers by walking between sidewalks and other public places such as bus terminals. "Kaya lang magkakaroon ng pagtatalo 'di maintindihan ng kababayan baka sabihin may TRO naghuhuli pa. Ito ang nakakalungkot. Ang advice namin sa tauhan huwag na makipagtalo," he said. Legal twist? Tolentino said they are considering incorporating a television interview of the two petitioners supposedly admitting they were paid to ask the court to stop the smoking ban. He said the television report quoted the two as claiming they are employees of a tobacco company and were paid to thwart the MMDA's smoking ban. "Hindi ko alam ano epekto nito pero magkakaepekto ito. Lumalabas hindi kusang loob ang pag-file... palagay ko panibagong development ito," he said. Meanwhile, in Manila, radio dzBB's Carlo Mateo reported several smokers have started to puff away in some public places in the city. The report said that as of Wednesday morning, several smokers were seen smoking on sidewalks near the Light Rail Transit and at sidewalks near jeep and tricycle terminals. — LBG, GMA News