OFFICE OF THE SANGGUNIANG BAYAN · 2019-02-26 · Section 4.B. The prohibition period for the use...

Republic of the Philippines Province of Aklan

Municipality of Kalibo

OFFICE OF THE SANGGUNIANG BAYAN

EXCERPT FROM THE MINUTES OF THE KALIBO SANGGUNIANG BAYAN PROVINCE OF AKLAN, IN ITS 46TH REGULAR SESSION HELD AT THE SANGGUNIANG BAYAN SESSION HALL

ON DECEMBER 22, 2011

PRESENT: Hon. Madeline A. Regalado - Vice Mayor, Presiding Officer Hon. Nilda B. Tambong - SB Member Hon. E. Soviet R. A. Dela Cruz - SB Member Hon. Ariel O. Fernandez - SB Member Hon. Arnaldo M. Tejada - SB Member Hon. Mark Mitchell C. Sy - SB Member Hon. George L. Quimpo - SB Member Hon. Peter Jene N. Lao - SB Member Hon. Rodillo L. Policarpio - SB Member Hon. Ananias V. Solina - SB Member, LIGA President Hon. Michael Angelo R. Melgarejo - SB Member, SK President ABSENT: None

“ORDINANCE NO. 2011-021

AN ORDINANCE REGULATING THE USE OF SOUND SYSTEMS AND SIMILAR DEVICES AND VEHICLES MOUNTED WITH SOUND SYSTEMS OR VEHICLES USED AS FLOATS IN THE STREET DANCING OR “SADSAD” DURING THE CELEBRATION OF THE KALIBO STO. NIÑO ATI-ATIHAN FESTIVAL AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF

WHEREAS, every Local Government Unit has the sworn obligation to enact measures that will ensure public health, safety and convenience while maintaining peace and order and promoting the general prosperity and welfare of the people. It shall likewise ensure and support, among other things, the preservation and enrichment of culture; WHEREAS, the Kalibo Sto. Niño Ati-atihan Festival known for its originality, uniqueness and spontaneity continues to consistently sustain the beauty and vibrancy, reflecting the rich cultural heritage and tradition of Kalibo which is of no equal and undoubtedly worthy to be called the “Mother of All Philippine Festivals”; WHEREAS, as a way of life or, “Panaad” to every Kalibonhon, the festival sustained the participation of various contesting and non-contesting ati-ati groups, the different Local Government Units, educational institutions, government agencies, private/public entities and corporations, non-government/peoples organizations, groups from the business, professional, women, youth and elderly sectors, and other organized groups and individuals that continue to attract crowd drawers coming not only from the rest of the Filipino Community but as well as from other countries who crowd the streets and join in the genuine and inhibited street dancing or “sadsad” and merrymaking all to the tempo of the original ati-atihan beat of the drums, lyres, cymbals, tambourines and indigenous precision instruments; WHEREAS, it has been observed that various groups participating and/or joining in the streets dancing or “sadsad” are using sound systems which create unusual sound that deflect, and destruct the originality and uniqueness of the ati-atihan beat, tempo and rhythm; WHEREAS, it was likewise observed that vehicles mounted with sound systems and similar devices or vehicles used as floats being utilized by various groups participating and/or joining in the street dancing or “sadsad” during the celebration of the Kalibo Sto. Niño Ati-atihan Festival hampers the free flow of merrymakers as well as onlookers and the public in general; NOW THEREFORE, in view of the foregoing premises, be it ordained by the Sangguniang Bayan of Kalibo, Aklan in session assembled that: Section 1. Declaration of Policy. It shall be the policy and purpose of this Ordinance for the Local Government Unit of Kalibo to preserve its rich cultural heritage and tradition especially the originality, uniqueness and spontaneity of the Kalibo Sto. Niño Ati-atihan Festival and to ensure safety and convenience to merrymakers of public in general; Section 2. Definition of Terms. The following words and phrases as used in this Ordinance shall mean:

Street Dancing or “Sadsad” The traditional form of merrymaking along the street of Kalibo giving reverence to the Infant Jesus, the Sto. Niño de Kalibo, during the Kalibo Sto. Niño Ati-atihan Festival. Sound System - a set of electronic equipment that produces amplified sound, as in a hi-fi or a mobile disco, or as a public address system, or which can be used to play music from recordings, radio broadcasts, etc

Kalibo Sangguniang Bayan “ORDINANCE NO. 2011-021 Festival Zone - designated areas or streets utilized as a major thoroughfare for street dancing or “sadsad” and other related festival events/activities during the celebration of the Kalibo Sto. Niño Ati-atihan Festival. Vehicle - a motorized vehicle mounted with Sound Systems and similar devices or vehicles used as floats in the street dancing or “sadsad” “Sadsad Panaad” - A specific day identified by the Kalibo Sto. Niño Ati-atihan Foundation Inc. (KASAFI) or the Local Government Unit of Kalibo (LGU-Kalibo) for ati-atihan parade/street dancing or “sadsad”, participated by ati-ati groups, different schools/colleges and other educational institutions. “Higante” Contest and Aklan Festival Showdown - a specific day identified by the Kalibo Sto. Niño Ati-atihan Foundation Inc. (KASAFI) or the Local Government Unit of Kalibo (LGU-Kalibo) for ati-atihan parade/street dancing or “sadsad” showcasing the Province’s various festival and fantasy themed giant images, participated by the 17 municipalities of Aklan. Section 3. Any individual/ati-ati groups/schools and colleges/public and private agencies/entities/ companies/corporations/non-government and peoples organizations /associations and other organized groups who shall participate and/or join in the street dancing or “sadsad” are strictly prohibited to use sound systems and similar devices during the celebration of the Kalibo Sto. Niño Ati-atihan Festival starting from the nine (9) day novena to the 3rd Sunday of the month of January; Section 4. All vehicles mounted with sound systems and similar devices or vehicles used as floats by any groups or individual in the street dancing or “sadsad” shall be strictly prohibited to enter the Festival Zone under this Ordinance; Section 4.A. The location and boundaries in the Festival Zone as illustrated in Annex “A” are prohibited areas or streets for any vehicles mounted with sound systems and similar devices or vehicles used as floats in the street dancing or “sadsad”, attached herewith is the Illustration Map which shall be made as an integral part of this Ordinance, duly signed by the Honorable Members of the Sangguniang Bayan of Kalibo and approved by the Local Chief Executive; Section 4.B. The prohibition period for the use of vehicle mounted with sound systems and similar devices or vehicle used as floats within the designated Festival Zone shall commence upon the start of the nine (9) day novena at the Saint John the Baptist Cathedral and to last until the 3rd Sunday of January from 7:00 A.M to 11:00 P.M. Section 5. Penal Clause - Any violation of the provisions of this Ordinance shall be penalized with a fine of Two Thousand Five Hundred Pesos (P2,500.00) and imprisonment of not more than two (2) months or both fine and imprisonment at the discretion of the Court; If the violator opts not to be prosecuted in Court, the offender may pay Administrative Fine of Two Thousand Pesos (P2,000.00) for violation of any of the provisions of this ordinance. The sound systems and vehicles illegally used under the provisions of this Ordinance shall be confiscated and impounded and shall only be released upon payment of Administrative Fine of Two Thousand Pesos (P2,000.00). Section 6. Exemption - Notwithstanding the provisions of Section 4, 4.A and 4.B., this prohibition shall not be enforced/implemented during the days identified by KASAFI or LGU-Kalibo for the “Sadsad Panaad” and “Higante Contest and Aklan Festival Showdown”. This exemption only applies to the official participants who are joining/participating in the “Sadsad Panaad” and “Higante” Contest and Aklan Festival Showdown”. Section 7. Repealing Clause - All Ordinances, Rules and Regulations or parts thereof which are inconsistent or in conflict with the herein Ordinance are hereby repealed, amended or modified accordingly; Section 8. Separability Clause - Should any provision of this Ordinance be declared invalid or unconstitutional by a Court of competent jurisdiction, the same shall not affect the validity of the other provisions not so declared; Section 9. Effectivity - This Ordinance shall take effect after its approval and publication through posting of the text thereof in the Municipal Hall and three (3) conspicuous public places in the Municipality of Kalibo; Enacted, December 22, 2011”.

- I hereby certify to the correctness of the above stated ordinance as to form. (Original Signed)

DIANA V. TORRE-FEGARIDO Attested: SB Secretary (Original Signed)

MADELINE A. REGALADO Vice Mayor Approved: (Original Signed) WILLIAM S. LACHICA Municipal Mayor



OFFICE OF THE SANGGUNIANG BAYAN

EXCERPT FROM THE MINUTES OF THE KALIBO SANGGUNIANG BAYAN PROVINCE OF AKLAN, IN ITS 46TH REGULAR SESSION HELD AT THE SANGGUNIANG BAYAN SESSION HALL

ON DECEMBER 22, 2011



ORDINANCE CREATING THE TRANSPORT AND TRAFFIC MANAGEMENT COUNCIL (TTMC) OF THE MUNICIPALITY OF KALIBO, AKLAN

WHEREAS, the Sangguniang Bayan in its desire to boost Kalibo’s socio economic development situation and in keeping with the growing population and inventory of vehicles coming in and out of Kalibo is bent on instituting measures that will effectively manage the transport and traffic program of Kalibo; WHEREAS, one approach deemed very important to address this concern is the creation of a Council who shall conduct studies, evaluations, experiments to asses formulate and recommend measures to the Sangguniang Bayan relative to transport and traffic management of Kalibo; WHEREAS, to effectively address the growing needs of the community and the transport sector a Regulatory Council is necessary to ensure effective management and administration of transport and traffic operation in Kalibo; NOW THEREFORE, in view of the foregoing premises, be it ordained by the Sangguniang Bayan of Kalibo in session duly assembled, that: SECTION 1. A Transport and Traffic Management Council of the Municipality of Kalibo is hereby created with the following composition:

1. Municipal Mayor or his duly authorized representative as Chairman 2. Sangguniang Bayan Chairman of the Committee on Transportation

and Communication as Vice Chairman 3. Municipal Vice Mayor 4. Chief of Police 5. MEEDO Head 6. Municipal Planning and Development Coordinator 7. Municipal Engineer 8. Secretary to the Sangguniang Bayan 9. Chief of Land Transportation Office 10. President, Association of Barangay Captains (ABC) 11. President, Tricycle Drivers/Operators Federation (Kalibo) 12. President, Bus and Jeepney Drivers/Operators Federation 13. President Kalibo Association of L-300 etc.

Secretariat & Support Staff/Units

* Transport & Traffic Management Unit – Head Secretariat * Traffic Engineering Section * Traffic Management & Enforcement Section * Facilities Management Section

SECTION 2. The Kalibo Transport Traffic Management Council shall have the following functions;

1. Serve as an advisory body of the Kalibo Traffic Division in the planning of transport and traffic

related programs, projects and activities. 2. Assist the Municipal Government and the Kalibo PNP in the effective implementation of the traffic

rules and ordinances.

Kalibo Sangguniang Bayan “ORDINANCE NO. 2011-023

3. Conduct an effective study of Traffic and Transportation Management and Traffic Engineering and upon authority of the Sangguniang Bayan, shall conduct traffic experiments for the furtherance of the Transport and Traffic Development Programs of the Municipality.

4. Assist the Sangguniang Bayan in the formulation, study and updating of the Traffic Ordinances of the Municipality of Kalibo to conform to the present and future traffic conditions of the municipality.

5. Call on NGO’s and other professional groups as may be necessary who can assist in the safety and educational programs such as, but not limited to the conduct of driver’s/operators seminars, traffic sequence information campaign, in-school educational seminars, and other programs related to traffic safety and order;

6. Undertake programs to uplift the welfare of the traffic police personnel of the Municipality of Kalibo.

7. Regularly submit semi-annual report of its activities and programs and recommendations to the Office of the Mayor and the Sangguniang Bayan for appropriate action. Recommend and make other appropriate measures to the Sangguniang Bayan to address transport/traffic problems issues.

SECTION 3. A budgetary allocation shall be provided for the operational and administrative expenses of

the Council. SECTION 4. All previous issuances, ordinances, which are inconsistent or in conflict with provision of this

ordinance are hereby repealed or modified accordingly. SECTION 5. This ordinance shall take effect upon approval.

ENACTED, December 22, 2011”. -

I hereby certify to the correctness of the above stated ordinance as to form. (Original Signed)


MADELINE A. REGALADO Vice Mayor Approved: (Original Signed) WILLIAM S. LACHICA Municipal Mayor



OFFICE OF THE SANGGUNIANG BAYAN EXCERPT FROM THE MINUTES OF THE KALIBO SANGGUNIANG BAYAN PROVINCE OF AKLAN,

IN ITS 46TH REGULAR SESSION HELD AT THE SANGGUNIANG BAYAN SESSION HALL ON DECEMBER 22, 2011



ORDINANCE PROVIDING FOR NEW RULES AND REGULATIONS IN THE GRANT OF FRANCHISE OR MOTORIZED TRICYCLE OPERATOR’S PERMIT WITHIN THE TERRITORIAL JURISDICTION OF KALIBO

WHEREAS, the LGC of 1991 (RA 7160) gave authority to Municipalities to regulate the

operation of Tricycles and approve and grant franchises for the operation thereof; WHEREAS, tricycle is Kalibo’s taxi version and its most convenient mode of transportation, but

with the passage of time, the mushrooming of tricycles necessitates the formulation of new guidelines and regulations for an orderly implementation of tricycle operation in relation to other existing transport and traffic related programs;

WHEREAS, the Sangguniang Bayan of Kalibo who has the authority to issue, grant, amend

renew, cancel, revoke and cancel tricycle franchise and taking into account that the primary concern of the LGU is to provide the public with an orderly, safe and convenient transport service it thus calls for a formulation of new rules to govern tricycle operation in Kalibo;

NOW THEREFORE, be it enacted by the Sangguniang Bayan in session duly assembled, that;

Section 1. Policy Declaration - The LGU in the exercise of its power and duty to provide and promote comfort, safety and convenience and effective transport system to the community has taken measures to improve and rationalize tricycle operations in Kalibo.

Section 2. Definition of Terms

1. Business Permit and License Division (BPLD) - division under the Office of the Municipal Mayor charged with the processing and issuance of Business Permits.

2. Municipal Tricycle/Pedicab Franchising Regulatory Board (MTPFRB) - an organized Body tasked to formulate/study/evaluate/assess and recommend measures to the Local Chief Executive and the Sangguniang Bayan relative to tricycle/pedicab operation.

3. Motorized Tricycle Operators Permit (MTOP) - is the franchise document or license to operate issued to a person allowing to operate a tricycle service over areas or zone specified therein.

4. Tricycle - is a motor vehicle consisting of a motorcycle with two (2) wheels and with an attached single-wheeled sidecar which is principally utilized for the carriage of fare paying passengers.

5. Route - is a point of origin and destination points connected by a chain of roads or streets over which the tricycle is authorized to operate.

6. Zone - a contiguous land area or block, say a subdivision or barangay, where a tricycle may operate without a fixed origin or destination.

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Section 3. Power of the Sangguniang Bayan

a) Issue, amend, revise, renew, suspend, or cancel MTOP and prescribe the appropriate terms and conditions therefore:

b) Determine, fix and/or prescribe and periodically adjust fares or rates relative to the service provided in a zone after public hearing;

c) Prescribe and regulate zones or areas of service in coordination with the Barangay; d) Fix, impose and collect, and periodically review and adjust reasonable fees and other

related charges in the regulation of the tricycles; e) Establish and prescribe the conditions and quality of service required for tricycle operation; f) Evaluate the recommendation submitted by the MTPFRB; Section 4. Operating Conditions

1. For safety reasons, no tricycle should operate on national highways utilized by 4-wheeled

vehicles greater than four (4) tons and where normal speed exceed 40KPH. Exceptions may be permitted only if there is no other alternative path.

2. Zones must be within the boundaries of the Municipality of Kalibo, when proposed zone has an origin in one municipality and a destination in any point within the territorial jurisdiction of Kalibo, shall be subject to the regulation of the Sangguniang Bayan of Kalibo.

3. A common color scheme shall be imposed on tricycles operating in the Municipality of Kalibo. Such unit shall bear a unique identification number, aside from its LTO registration plate.

4. An Operator wishing to change unit or transfer into another zone/route may be permitted upon application and compliance with existing rules.

5. The term of the MTOP shall be renewed on a yearly basis to synchronize with the issuance of Body Number issued by the Office of the Mayor through the Business Permits and License Division. It may be suspended/revoked or cancelled upon due hearing, by the Sangguniang Bayan.

6. Transfer of ownership shall only be allowed to legal spouse, children and parents of the franchise holder and shall require the approval of the Sangguniang Bayan. Transfer of ownership to above holders shall be construed as an amendment to an MTOP.

7. No Tricycle shall be allowed to carry more than eight (8) passengers. (Capacity numbering) shall be indicated inside the unit. Children 7 years old and above are required to pay the fare rate.

8. Operators holding more than one franchise maybe allowed to operate maximum of 2 units subject to approval of the Sangguniang Bayan.

9. Operators shall only employ drivers duly licensed by LTO for tricycles and shall be required to attend the orientation seminar conducted by the Sangguniang Bayan.

Holders of the MTOP must also carry a common carrier’s insurance (Third Party Liability and Passengers Liability) sufficient to answer for any liability it may incur to passengers/third party in case of accidents.

Section 5. Fares.

The fares shall be established at a level that will provide the operator a reasonable return or

profit, and still affordable to the general public. The fare structure may either be flat (single fare regardless of distance), or a minimum amount

plus a basic rate per kilometer. The Sangguniang Bayan shall decide after public hearing on the fare option most appropriate in

their jurisdiction, every time the need to revise the fare arises. The table of fares providing maximum fares (matrix) should be posted prominently at the tricycle

terminal and in a visible part of the vehicle unit.

Section 6. Application for New Issuances, Renewal, Amendment, Revision, Suspension or Cancellation of Motor Tricycle Operators Permit (Tricycle Franchise).

Only Filipino citizens of legal age, actual residents and registered voters of Kalibo are qualified

to operate tricycle-for-hire within the territorial jurisdiction of Kalibo. No MTOP shall be granted unless the applicant is in possession of unit/s with valid registration papers from Land transportation Office (LTO).

Upon approval of this ordinance, the Motorized Tricycle Operators Permit (MTOP) or tricycle

franchise will be issued for one (1) year term only from January-December of every year. For those who have renewed or have been issued franchise in 2009 up to the end of December 2011 shall be required to renew their MTOP’s to coincide with the 2012 renewals of Body Numbering. Operators must submit

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or surrender the original MTOP in order to revalidate their franchise records with the Office of the Sangguniang Bayan and will be issued new franchise Confirmation for 2012 free of charge for 2011 issuances only. All other valid MTOP holders regardless of expiry date shall then renew yearly on or before 20th day of February of every year, subject to payment of required fees as provided in this ordinance and Revenue Ordinances of Kalibo.

For operators who were issued MTOP’s without Sangguniang Bayan authorization falling under

Case Nos. (2887-2997), to include other operators certified by LTO to have no LTO registration record and have not complied with Sangguniang Bayan directives to submit complete documentation as of Nov. 15, 2011 is hereby cancelled or revoked. But for humanitarian consideration, holders of above case numbers who have corrected and presented their complete documents for reconciliation with the Office of the Sangguniang Bayan maybe considered and treated as new applicant and may be considered for priority issuance of Franchise Confirmation, subject to compliance with existing rules and regulations. Failure to do so, their priority is deemed forfeited/cancelled.

Those with issued MTOP’s authorized by Sangguniang Bayan regardless of expiry date shall

thereafter renew yearly on or before February 20 of every year to synchronize with Body Number issued by the Business Permits and License Division, Office of the Municipal Mayor. Operators holding valid MTOP’s (3 year) term who fails to renew their 2012 Body Number Permit regardless of expiry date appearing on issued MTOP’s is automatically rescinded, revoked or cancelled 30 days after February 20, of the year.

In this regard, the Office of the Sangguniang Bayan and the BPLD shall conduct massive

information dissemination drive and post public notices to inform the general public. Operators shall be directed by Business Permits License Division to proceed to the Office of the Sangguniang Bayan to present and/or submit original MTOP to the Tricycle/Pedicab Franchising Regulatory Unit for issuance of new MTOP Franchise Confirmation for 2012 and every year thereafter. Operators shall then renew yearly upon presentation of required documents, as follows:

a. Original and photocopy of Certificate of Registration and current Official Receipt issued by the LTO. The year model of the motorcycle as appearing in the Certificate of Registration shall not exceed 15 years.

b. Barangay Clearance issued by the barangay where the applicant actually reside and/or TODA Certification (In the event that clearance is not acted upon within seven days from the date of application, the Municipality of Kalibo shall issue/process the Application).

c. Voters Registration from the Kalibo COMELEC

d. Receipt for Payment of Franchise Application [non-refundable]; and/or Body Number Permit.

e. Community Tax Certificate.

f. 1.5 x 1.5 picture with name tag

g. Identification Card (Office, Postal, School, SSS, GSIS, Driver’s License) /Power Bill/Water

Bill of applicant. Indicating therein actual location of residence. h. Operators shall be required to provide garage before grant/renewal of MTOP/Body Number.

Operators without Water/Power Bills shall be required to present proof of availability of garage thru Affidavit of Undertaking by lot owners. To facilitate operators on this regard, the LGU shall establish Tricycle parking space at designated Transport Terminal upon payment of P10.00/overnight parking.

i. Operator/s who cannot personally attend processing their applications shall designate or

issue Special Power of Attorney’s to their trustees.

For the issuance of the Tricycle/Pedicab franchise (MTOP), the Sangguniang Bayan shall take into consideration the ideal, viable and competitive number of tricycles to operate in the Municipality as determined by the Technical Working Group and as per recommendation of MFTPRB.

Section 7. Fees

An annual franchise fee shall be imposed by the Sangguniang Bayan for every unit authorized

to operate. The collection of the fee shall be imposed annually payable, on or before February 20 of every year together with the Body Number, unless another schedule is decided upon by the Sangguniang Bayan. Fees are enumerated as follows:

Franchise Application Fee/Filling Fee - 100.00/unit/year Annual Franchise Fee - 75.00/unit/yr. Amount already paid for 2013 and

2014 maybe deducted proportionate to the herein rate.

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Legal Research Fund - 50.00 Body Number Application Fee - 50.00/unit/yr Business Tax on Motorized tricycles - 100.00/unit/yr Inspection Fee - 50.00 Filing Fee for Amendment (change of route, change of unit, transfer of unit, etc) - 100.00/unit And all other applicable fees provided for under Regulatory and Revenue Ordinances of Kalibo. Any amount collected shall accrue to the General Fund except for the Legal Research Fund

which shall accrue to the General Fund - MEEDO of the municipality, and maybe earmarked by the Sangguniang Bayan for transport or traffic projects, and repairs of municipal streets and roads. SECTION 8. Mayor’s Permit (Body Numbering) - Any person desiring to operate a tricycle for hire within the territorial boundaries of the Municipality of Kalibo, must also secure Mayor’s Permit after he/she is issued a franchise (MTOP) by the Sangguniang Bayan and thereafter confirmed for hire by LTO before actually engaging in such business. Said permit, when issued must be renewed annually together with Tricycle Franchise for its continued enforceability on or before February 20 of every year thereafter. SECTION 9. Requirement of Issuance of Mayor’s Permit (Body Number). – The issuance of the Mayor’s Permit referred to in the preceding section shall be issued upon compliance of the following, to wit:

(a) Certificate of Registration and updated Official Receipt of the tricycle issued by the Land Transportation Office; (stating that unit is classified for HIRE)

(b) Approved Franchise by the Sangguniang Bayan; (c) Payment of the Body Number Fees. (d) Display of the assigned Municipal Franchise (MTOP), LTO plate number, name of the

operator, and name, address, and picture of the driver on conspicuous portions of the tricycle’s sidecar, as required in Section 8 hereof.

(e) Provision of trash cans inside the front and at the back portion of the tricycle. (f) All other conditions stated in Section 4. Rules of Entry and pertinent Section of this

Ordinance. SECTION 10. Collectible Fee. – Mayor’s Permit (Body Number) shall be collected from the Operator/s pursuant to the above fees imposed including those provided in the Municipal Revenue Code. For the purpose of this Ordinance, unless otherwise proved, the driver of the tricycle shall be presumed to be the operator the said vehicle. Likewise, unless proven otherwise, all tricycles operating in the Municipality of Kalibo shall be presumed to be “for hire” unless units are registered as Private Tricycles which the Office of the Mayor shall also require owner/s to pay corresponding fee provided for in the Municipal Revenue Code The Mayor’s Permit Fee (Body Number) is payable together with the Tricycle Franchise to the Municipal Treasurer of the Municipality of Kalibo for every new/renewal application or amendment thereof. If the fee is not paid within the prescribed period, surcharge equivalent to twenty five percent (25%) of the amount due shall be imposed thereon and, together with the surcharge, shall likewise earn an interest of two percent (2%) per annum from the time it became due until such time that the amount due is fully paid. Non-payment/non renewal thirty days (30) after 20th day of February shall cause automatic for cancellation of Issued Franchise.

SECTION 11. Sidecar Specification. - No Franchise or Mayor’s Permit shall be issued to tricycle operator/s unless the sidecar of the said unit which he/she operates complies with the following specifications, to wit:

a. Roof over the driver’s seat or any other kinds of shield that could protect the driver from sun exposure and the rain;

b. Rain cover or such that could protect the passengers from getting wet during rainy days;

c. Light Bulb - sufficient brightness must be installed inside the passenger’s sidecar cabin and the same shall be illuminated at all times during night time operations.

d. Provision of trash inside and back portion of duly painted and in good condition tricycle

unit.

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Compliance with the foregoing specifications shall also be recorded and certified in the

Inspection Report issued by the Tricycle Franchising Regulatory Unit and/or Ordinance Officer or In-charge, Traffic Division or the duly authorized representative of the Office of the Municipal Mayor.

SECTION 12. Color Coding Scheme - Every operator of tricycle covered by this Ordinance

shall paint the sidecar thereof with an assigned color in accordance with the following schemes premised on the residence of the Operator, to wit:

OPERATOR RESIDE IN COLOR Route 1 GREEN Route 2 BLUE Route 3 ORANGE Route 4 WHITE For the purpose of this Ordinance, the component barangays of the aforementioned clusters are as follows: BARANGAY Route 1(Green) Linabuan Norte Tigayon Estancia Tinigaw Mobo Route 2 (Blue) New Buswang Old Buswang Bakhaw Sur Bakhaw Norte Route 3 (Orange) Caano Pook Nalook Briones Mabilo Andagao Route 4 (White) Poblacion

SECTION 13. Rerouting Scheme Route I - Entering Poblacion from Linabuan Norte, Tigayon, Estancia, Tinigao & Mobo • National Highway (from Linabuan Norte to crossing Banga-New Washington) • LIbtong Roads • Villa Emilia Roads(from Osmena Ave. (Capitol) to crossing Mabini St. and D. Maagma) • Capitol Site (F. Quimpo Avenue, Fernandez Avenue & one-way from Fernandez Avenue

to crossing Banga-New Washington) including interior streets of Estancia via Capitol Roads

• Toting Reyes St. (from Crossing Banga-New Washington to XIX Martyrs St.) • Mabini St. (from D. Maagma St. to Regalado St.) • Acevedo St. (from Regalado St. to D. Maagma St. to crossing Banga-New

Washington) • L. Barrios St. (from Regalado St. to M. Laserna St.) • Martelino St. (from XIX Martyrs St. to Regalado St.) • C. Laserna St. (from Regalado St. to M. Laserna St. to L. Barrios St.) • Regalado St. (trom Mabini St. to L. Barrios St.); (from Martelino St . to C. Laserna St.) • Arch. Reyes St. (from C. Laserna St. to Martelino St.) • XIX Martyrs St. (from Toting Reyes St. to Mabini St, from Acevedo St. to C. Laserna St.) • Calachuchi Road up to ASU, Kalibo Campus • Abiera Road (proposed) to ASU, Kalibo Campus

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Route 2 - Entering Poblacion from New Buswang, Old Buswang, Bakhaw Sur & Bakhaw Norte

• Toting Reyes St. (from Roxas Avenue to Buswang Old Provincial Road) • Mabini St. (from crossing Buswang to D. Maagma St.) • Veterans Avenue (from J. Magno St. to Bliss Road) • G. Ramos St. (from Concepcion St. to F. Quimpo St.) • Bakhaw Sur Road passing L. Barrios St. to N. Roldan St.) • Pastrana St. (from J. Magno St. to Regalado St, from XIX Martyrs to F. Quimpo St.) • Martelino St. (from Regalado St. to XIX Martyrs St.) • Oyo Torong St.(from Bankerohan to J. Magno St.) • Rizal St. (from XIX Martyrs St. to F. Quimpo St.) • D. Maagma St. (from Mabini St. to Toting Reyes St.) • Quezon Ave. (from Toting Reyes St. to F. Quimpo Avenue • Osmena Avenue (Toting Reyes St. to Fernandez Avenue • Capitol Site (F. Quimpo Avenue, Fernandez Avenue) • F. Quimpo St. (from Rizal St. to Pastrana St.) • XIX Martyrs St. (from Rizal St. to Mabini St.) • Regalado St. (from Martelino St. to Pastrana St.) • N. Roldan St. (from Pastrana St. to Toting Reyes St.) • J. Magno St. (from Oyo Torong St. to Crossing Buswang & beyond) • Concepcion St. (from Oyo Torong St. to Crossing Buswang & beyond)

Route 3 - Entering Poblacion from Mabilo, Briones, Nalook, Caano Pook & Andagao

• Calachuchi Road

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• Toting Reyes St. (from crossing Banga-New Washington to XIX Martyrs St., from Roxas

Avenue to N. Roldan St.) • Mabini St. (from D. Maagma St. to XIX Martyrs St., from Regalado St. to N. Roldan St.) • Veterans Avenue (from D. Maagma St. to Regalado St.) • G. Ramos St. (F. Quimpo St. to Regalado St.) • Pastrana St. (Arch. Reyes St. to N. Roldan St.) • Martelino St. (from XIX Martyrs St. to Regalado St.) • Rizal St. (XIX Martyrs St. to M. Laserna St.) • N. Roldan St. (from Pastrana St. to Toting Reyes St.) • Roxas Avenue Extension (from Oyo Torong St. to RMCAT & beyond) • Regalado St. (Martelino St. to Mabini St.) • Arch. Reyes St. (from Martelino St. to Veterans Avenue) • XIX Martyrs St. (from Rizal St. to Martelino St., from Mabini St. to Toting Reyes St.) • F. Quimpo St. (from Veterans Avenue to Mabini St.) • M. Laserna St. (from Rizal St. to Veterans Avenue) • D. Maagma St. (from Veterans Avenue to crossing Banga-New Washington & beyond) • Capitol Site (F. Quimpo Avenue, Fernandez Avenue & one-way from Fernandez to crossing

Banga-New Washington) • Roxas Avenue Ext. (Mabini St. to Toting Reyes St.)

Route 4 - Poblacion Tricycles

All roads situated within Barangay Poblacion and to include – • Bliss Roads • Roxas Avenue Extension up to RMCAT • Osmeña Avenue up to F. Quimpo Avenue • Quezon Avenue up to F. Quimpo Avenue

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SECTION 14. Municipal (Body) Number, LTO Plate Number, Operator and Driver.

a. All operators shall be assigned with their respective municipal number(s) for each unit of tricycle that he/she operates. The Municipal Number will be issued by the Office of the Sangguniang Bayan. Moreover, said number shall be conspicuously and boldly painted or displayed in black color against a yellow background in the front and back portion of the sidecar with a size of 30 cm. (width) x 20 cm. (height). The assigned Municipal Number shall also be painted or displayed in like manner inside the passenger compartment of the sidecar.

b. The plate number of the tricycle (MCH) issued by the Land Transportation Office (LTO) shall be painted or displayed above the municipal number at the front portion of the sidecar in black color against a yellow background with a size of 30 cm. (width) x 10 cm. (height). Side wheel portion of the sidecar 30 x 10

c. Above the Municipal Body Number at the back portion of the sidecar with a dimension of 30 cm. (width) x 10 cm. (height) shall be painted or displayed with the name of the operator,

d. An identification sheet containing the name, address, and a 1.5 x 1.5 picture of the driver (with name tag) manning the tricycle shall be displayed in a conspicuous space across the passenger’s seat inside the sidecar.

e. The authorized fare rates shall be conspicuously displayed inside the tricycle’s passenger’s cabin.

SECTION 15. Terms and Condition - The MTOP shall have a yearly term and upon expiration thereof, the same shall be renewed every year on or before February 20 of every year, provided however that the requirements and the provisions set forth under this Article are complied with. In the event that the operators concerned failed to comply with the said requirements and the stipulations provided in this Ordinance shall be ground for the suspension and cancellation/revocation/non-renewal of MTOP. Operators/Drivers using specific Case Number appearing to have incurred more than 3 traffic violations shall be recommended for cancellation without prejudiced to payment of Administrative Fines/penalties.

a. CHANGE OF ROUTE/ZONE OR UNIT (MOTORCYCLE)/RENEWAL - shall be construed as amending to the MTOP (franchise) and shall require payment to the Office of the Municipal Treasurer, upon verification by personnel in-charge, Office of the Sangguniang Bayan for the Franchise and also by Body Numbering, Office of the Mayor, Permit & License Division. Same shall also be and duly recorded at the Traffic Division (PNP-Kalibo). The SB Technical Secretariat shall indorse renewal of franchise without the need and/or does not require the confirmation/approval of the Sangguniang Bayan except Transfer of Ownership.

b. CANCELLED FRANCHISE - maybe issued/given to interested applicant upon the

recommendation of the Technical Secretariat subject however to the approval of the Sangguniang Bayan of Kalibo upon complying the requirements stated in Section 7 of this ordinance.

SECTION 16. Transfer of Ownership of Motorized Tricycle or Cessation of Operation. - The Mayor’s Permit (Franchise/MTOP/Body Number) issued to the operator(s) of tricycle(s) for hire is/are personal to the grantees, hence any transfer of the tricycle must be recorded, and no such transfer shall be recognized by the Municipality insofar as this Section is concerned except transfer to spouse and children by legal marriage to be recorded and may be given preferential right upon proper evaluation by the Technical Secretariat over the other if he/she is interested to operate and provided further that the transferee meets the necessary requirements as embodied in this ordinance. In case of death of the franchisee (MTOP HOLDER), the whole unit including its franchise may be transferred to the spouse or the successor (First Degree Only) only and upon application of the successors in interest if he/she is qualified. The Office of the Sangguniang Bayan who upon approval shall outright indorse application to Permits and License Division, Office of the Mayor and upon complying the following additional requirements, to wit:

• Deed of Adjudication • Death Certificate/Marriage Contract/Birth Certification • Diagram to determine the relationship with the deceased MTOP Holder and other necessary

to prove relationship. In like manner, the cessation of the operation of tricycle must be recorded with the said Office. In the event that the operator failed to report the said stoppage of operation, the MTOP shall be automatically cancelled after a period of 30 calendar days after February 20 of the year. The operator who had already cancelled his/her franchise and still interested to continue its operation will be treated as new applicant without prejudice to administrative fines and penalties.

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SECTION 17. Other Prohibited Acts. - It shall be unlawful:

a. For operator(s) or driver(s) of tricycle for hire to operate motorized units using hooper model unit or two (2) stroke engine units and without securing the necessary MTOP and thereafter a Body Number Permit and in compliance with the requirements enumerated provided for in this Ordinance or any other provision of the Traffic Code of Kalibo.

b. For operator(s) or driver(s) to operate/drive the tricycle using or displaying duplicate Municipal(Body) Number or Municipal (Body) Number not duly assigned to the unit as provided in the herein Ordinance or a plate number not duly registered to the tricycle which is not in pursuance to the Motor Vehicle Registration Laws;

c. For an operator to allow his/her driver and for the driver per se to drive a tricycle without the required driver’s license or holding an expired license or during the period of disqualification;

d. For an operator to knowingly allow his/her driver and the driver per se the use of the unit in the pursuit or conduct of illegal activities;

e. For an operator to knowingly allow and the driver as such the loading of passenger or cargo beyond the authorized capacity of the tricycle;

f. For an operator or driver to attach or allow the attachment of an accredited sidecar to a motorcycle not duly registered as a “tricycle for hire” or of a duly registered motorcycle to a sidecar not accredited in accordance herewith;

g. For the tricycle driver to unjustly refuse to convey or ferry passenger(s) to his stated destination;

h. For the tricycle driver to unduly prefer the carriage of a passenger over another who was ahead in hailing him by reason of superiority of number, sex, age, and/or any other discriminatory factors;

i. For a driver to drive tricycle wearing short pants, sando, or sleeveless shirt, barefooted, or with a covered face;

j. For a tricycle drivers to charge excessive charges/ fare which is beyond the lawful rates prescribed by competent authority;

k. For a tricycle driver to commit misconduct or acts of discourtesy against a passenger by either shortcoming, snubbing, use of rude and abusive language and the like;

l. Other prohibited acts provided for by Land Transportation Act of the Philippines.

SECTION 18. Penalty - Any person found guilty of violating any provision of this Ordinance shall be penalized in accordance with the schedule of Penalty rates imposed under the existing Traffic Code but not more than P2,500.00 or imprisonment of not more than 30 days or both at the discretion of the court. In case of insolvency of the accused, he shall suffer subsidiary imprisonment therefore at the rate of 1 day for every P50.00 of fine imposed. If violator opts not to be prosecuted he/she may pay an Administrative Fine of Two Thousand Five Hundred Pesos (P2,500.00) not exceeding 3 times or else shall be forever barred from issuance of MTOP.

SECTION 19. Transitory Provisions - The Technical Secretariat in charge in the processing of franchise and Body Number is hereby authorized to amend/process and/or issue the necessary documents for its operation subject to additional payment or penalty. MTOP’s issued not in compliance with herein ordinance shall be considered cancelled for not updating their yearly Body Number Permit and/or non-compliance of other traffic rules and regulation provided in existing applicable Ordinances. In case the operator is still interested to continue, he/she shall be treated as new applicant.

SECTION 20. Separability Clause - If there will be any section or provision in this Ordinance that shall be duly declared void and ineffective by final judgment as promulgated by the competent judicial authority, other sections or provisions thereof shall continuously remain valid and enforceable.

SECTION 21. Repealing Clause - Any Ordinance, Resolution, or Executive Order of this Municipality that are inconsistent with the provisions of this Ordinance is deemed repealed, amended or modified accordingly.

SECTION 22. Effectivity - This ordinance shall take effect upon approval.

ENACTED, December 22, 2011”. -

I hereby certify to the correctness of the above stated ordinance as to form. (Original Signed)


MADELINE A. REGALADO Vice Mayor Approved: (Original Signed) WILLIAM S. LACHICA

Municipal Mayor

OFFICE OF THE SANGGUNIANG BAYAN · 2019-02-26 · Section 4.B. The prohibition period for the use...

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