LANGUAGE

The People of the Philippines v. Attorney, Gilbert A. Torrijos

A smoker was accused of violating a Davos City ordinance prohibiting smoking in enclosed public spaces.  The smoker argued that the city ordinance was superseded by the subsequent federal Tobacco Regulation Act of 2003.  He argued the new act contained a definition of enclosed spaces that did not coincide with the circumstances of his arrest.  The court found that there was a conflict between the two laws with the municipal law being vague and that the restaurant where the smoker was caught did not meet the enclosed spaces definition of the new law. The smoker was thus found not to have violated the law.