Proem

Many cities and municipalities have ordinances prohibiting cigar and cigarette smoking within their jurisdictions. Nowadays the usual reason put forth in anti-smoking ordinances is the reason of health.

Did you know that in 1852 or 156 years ago there was already an anti-smoking ordinance for the whole Visayas? (Note: The Visayas during that time included the present Visayas, Misamis, Caraga, and Davao. - JBT)

However, there was a corollary ordinance---the license to smoke.

No Smoking

In the year 1852 the District Governor for the Visayas issued an order prohibiting the selling of wine and smoking cigars inside the cockpit.

The reason put forth was that the cockpits were constructed of light materials such as bamboos or wood and the roofing was nipa. These materials could easily catch fire.

During that time the modern lighters were not available. The cigar smokers must maintain a lighted candle or a fire near him in order to light his cigar. It was a dangerous situation for fire especially if the smoker was already tipsy from drinking wine.

In order to avoid conflagration, an order was issued prohibiting smoking of cigars and selling of wines inside the cockpit.

Licensed To Smoke

As a consequence of the order, smoking was done at the plaza and roads. The sight of many people smoking at the plaza and roads was not good to look at. To regulate the number of smokers in public places, an order was issued allowing smoking only to those who obtain a license to smoke.

Since only few could afford to pay for the license to smoke, the number of smokers in public places was controlled. The license to smoke eventually became a status symbol.

However, it was difficult to comply and the sellers of cigars offered to pay for the license to smoke. As the sellers competed to pay for the license to smoke, it eventually became a "sales tax" and the license to smoke was forgotten.

Incidentally this system of giving a license to smoke was carried over to a license to smoke opium. However, only Chinese were given a license to smoke opium.

Nowadays there is no more issuance of a license to smoke. However, there is a designated "smoking area" that is usually small and uncomfortable. It does not consider the fact that the smokers pay more taxes than the non-smokers because almost one-half of the cost of a cigarette goes to taxes.

Class Legislation

When a law applies only to a particular class of people and not to everybody, it is called "class legislation." The Supreme Court has already ruled that this kind of law is prohibited.

Last year I was in Davao City and eating in a restaurant together with a friend. I told him that their "No Smoking" ordinance was class legislation for the following reason.

When a smoker goes to a non-smoking area and smoke a cigar or cigarette, he is penalized. Very good!

However, when a non-smoker goes to a smoking area and he does not smoke, he is not penalized. Why? Is it not class legislation? The non-smoker should be penalized also for not smoking in a smoking area. The law should be even.

Incidentally the person seating at the table beside us overheard my argument. He introduced himself as a Vice President of the Hospital Association of the Philippines and an anti-smoking advocate. He agreed with the soundness of my argument. He said that he would ask his son who was a councilor to amend the ordinance.

If the reason for not smoking is health, then the proposed amendment will produce a better result because the non-smokers will not go to the smoking area. Non-smokers who are exposed to exhaled smoke are called "passive smokers." Their health risk is twice that of the smokers themselves.