Legality of Firecracker Ban

Why?

In the Philippines, firecrackers are very rampant during holidays especially Christmas and New Year’s Eve because it is traditional way back to our Chinese Ancestors. As the clock strikes at twelve midnight, different kinds of firecrackers are exploding. The bang of each firecracker signifies the start of a new life, and pushes away negative vibes.

However after all these joyous events, there are certain numbers of persons being rushed to the hospital injured caused by the firecrackers. Statistics show that a total of 476 people, many of them are children, were injured of firecrackers and stray bullets during the observance of the Yuletide Season in Metro Manila. Also, several houses were destroyed caused by the ignition of the firecrackers. At the same time, about a dozen plane flights, including two from the United States, were diverted or canceled early Sunday after dark smog caused by a night of firecracker explosions obscured visibility at Manila’s airport, officials said.

From 2006 to 2010, an annual average of 536 cases had been reported; 454 of the cases were fireworks-related, 18 were due to celebratory gunfire, while four were caused by fireworks ingestion.

Now, let’s find out how does firecracker made. According to the Department of Health researchers, Pyrotechnic Chemical is one of the raw materials in order for a firecracker to explode because this chemical comes from a gun powder which has its burning properties and the amount of heat and volume of gas that it generates would create fire and explosion. This gun powder was invented, documented and used in China where the Chinese military forces used gun-powder based weapons and explosives during the war to safeguard their selves from the enemies. As we can see, as the chemical for firecracker is also used for weapons would mean that it is also hazardous to people because of its purpose to kill the enemies. Traditionally, firecrackers were first introduced by Chinese people for the purpose of pushing away the negative vibes; however, the danger effect of such to people is in a long period of time.

As to the effects caused by the firecrackers, the Local Government Unit of Davao City enacted an ordinance which prohibits importation, distribution, selling and buying of firecrackers and other related materials, meaning total ban of firecrackers. This shows that anyone caught in possession of firecracker and other related materials would be penalized in accordance with Davao City Ordinance 06-02. With respect to its legality, there are no questions that such ordinance is legal for it only exercises the inherent power of the State delegated to the LGUs which is the police power. The 1987 Constitution mandates that police power should be exercised provided that it meets the requirements or purpose which is to promote general welfare, comfort and convenience of the people and to preserve public health. Thus, it is clear that the purpose of the firecracker ban, so to speak, is the general welfare of the public.

Therefore, firecracker ban supports the issues of the government such as poverty, public health and safety as it lessens casualties, injuries, and accidents.