Philippine Tobacco Institute v. City of Balanga et al.

The Philippine Tobacco Institute (PTI), whose members include JTI and PMI, challenged a City of Balanga ordinance creating a tobacco-free generation, which prohibits the sale of tobacco products and e-cigarettes to any person born on or after January 1, 2000. The Regional Trial Court ruled in favor of PTI in July 2018, concluding that "any ordinance prohibiting PTI from selling to any person regardless of age is an unreasonable and oppressive interference of business." The court reasoned that the ordinance now covers individuals who have reached the age of majority and is not limited to minors. In addition, the court held that the ordinance violates substantive due process of those exercising parental authority since the ordinance attempted to extend criminal liability to parents.

The City’s appeal to the Court of Appeals was denied, as was a motion for reconsideration.

Philippine Tobacco Institute v. City of Balanga et al., Special Civil Action No. 10805 (Regional Trial Court of Bataan, 2019).

  • Philippines
  • May 21, 2019
  • Regional Trial Court of Bataan
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Parties

Plaintiff Philippine Tobacco Institute Inc.

Defendant

  • City Council of Balanga
  • City Mayor of Balanga
  • City of Balanga

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

"The fact of the matter is tobacco, despite numerous studies showing its negative effects, is not absolutely prohibited or banned from being sold to consumers except when minors are involved under R.A. 9211. Hence, under certain restrictions, PTI is engaged in a legitimate business and has the right to sell it, and any ordinance prohibiting PTI from selling to any person regardless of age is an unreasonable and oppressive interference of business. It will result in an unwarranted and unlawful curtailment of property and personal rights and, thus, cannot, under the guise of exercising police power, be upheld as valid."