Philippine Tobacco Institute v. City of Balanga, et al.

The Philippine Tobacco Institute (PTI), whose members include Philip Morris Philippines Manufacturing, Inc. and JTI Philippines, Inc., challenged a City of Balanga ordinance making the City's 80-hectare University Town and its three kilometer radius "tobacco free," meaning the sale, use and marketing of tobacco products and e-cigarettes are banned. In July 2018, the Regional Trial Court declared the ordinance unconstitutional and invalid. The City appealed the decision to the Court of Appeals, which upheld the lower court's decision. The Court of Appeals concluded that the ordinance was invalid because it went beyond the provisions of Republic Act No. 9211, a federal law. (The federal law prohibits smoking in specified places and the sale of tobacco products within 100 meters of schools, playgrounds, and other facilities frequented by minors. The City ordinance, on the other hand, prohibits selling, distributing, using, advertising, and promoting tobacco products within University Town and within a three-kilometer radius.) The City's Motion for Reconsideration was also denied.

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Philippine Tobacco Institute v. City of Balanga, et al., CA-G.R. SP No. 159329, Court of Appeals Manila 15th Division (2019).

  • Philippines
  • Jul 22, 2019
  • Court of Appeals, Manila, Special Fifteenth (15th) Division

Parties

Plaintiff Philippine Tobacco Institute

Defendant

  • The City Council of Balanga
  • The City Mayor of Balanga
  • The City of Balanga
  • The Licensing Permit and Franchising Office (City of Balanga)

Cited Legislation

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product