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ORDINANCE 17 series of 2011

EXCERPT FROM THE MINUTES OF THE 71ST REGULAR SESSION OF THE 16TH SANGGUNIANG
PANLUNGSOD, CITY OF GENERAL SANTOS, HELD AT THE SANGGUNIANG PANLUNGSOD SESSION
HALL ON TUESDAY, DECEMBER 13, 2011.

PRESENT:

Hon. Ronnel C. Rivera City Councilor and Presiding Ocer

Hon. Elizabeth B. Bagonoc City Councilor (Floor Leader)
Hon. Vivencio E. Dinopol City Councilor (President Pro Tempore)
Hon. Richard L. Atendido City Councilor (1st Assistant Floor Leader)
Hon. Nepthale P. Natividad City Councilor
Hon. Eduardo D. Leyson IV City Councilor
Hon. Dante S. Vicente City Councilor (2nd Assistant Floor Leader)
Hon. Virginia T. Llido City Councilor
Hon. Dominador S. Lagare III City Councilor
Hon. Marius Orlando A. Oco City Councilor
Hon. Margareth Rose N. Santos City Councilor
Hon. Remus P. De Claro City Councilor
Hon. Lourdes F. Casabuena City Councilor (President, Liga ng mga Barangay)
Hon. Mac Alejandre M. Tablazon City Councilor (SK Federation President)

ABSENT:

Hon. Shirlyn L. Baas-Nograles City Vice Mayor (Acting City Mayor)

WHEREAS, drag racing, specically via any type of motorcycle, tricycle, four-wheeled vehicle, or any form
of customized automobile has become a craze in the City of General Santos;

WHEREAS, the conduct of drag racing is usually being done in a straight paved track or drag strips, and
in such a way, competing vehicles race to their full throttle undeniably trying to reach a maximum speed
of up to 100 to 200 miles per hour (mph);
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WHEREAS, these practice of racing is usually conducted not in accordance with the national or
international sports car/motorcycle racing standards, thus, competitors lack the necessary knowledge on
safety measures and precautions, devoid of proper crash helmets, racing outts, and other recognized
safety gears;

WHEREAS, drag racing is fraught not only with safety deathtraps to contenders and spectators, but also
with the vice of illegal gambling since organizers, contenders and spectators place monetary bets to allies
and rivals of their choice;

WHEREAS, there had been many cases of accidents resulting to deaths and serious injuries around the
country stemming from these drag races, and as such, authorities are left with so much limitations as to
how to stop, if not control the occurrence of these death-defying contests between altered or modied
wheeled machines;

WHEREAS, by virtue of Republic Act 4136, otherwise known as the Land Transportation and Trac
Code, this Sanggunian is duty-bound to advocate safe, lawful and wholesome racing practice, may it be
motorcycles or automobiles, hence, the need to legislate a measure that will curb the illegal and
hazardous practice of drag racing to the benet of the city constituents;

NOW, THEREFORE, on motion of City Councilor Remus P. De Claro, duly seconded by City Councilors
Nepthale P. Natividad, Dante S. Vicente, Vivencio E. Dinopol and Richard L. Atendido, be it

RESOLVED, as it is hereby resolved, to enact the following Ordinance:

ORDINANCE NO. 17

Series of 2011

AN ORDINANCE PROHIBITING ALL FORMS OF DRAG RACING IN THE CITY OF GENERAL SANTOS
WITHOUT THE APPROPRIATE LICENSE OR PERMIT FROM THE CITY GOVERNMENT

Hon. Remus P. De Claro & Hon. Dante S. Vicente Authors

Hon. Elizabeth B. Bagonoc, Hon. Margareth Rose N. Santos, Hon. Richard L. Atendido and

Hon. Nepthale P. Natividad Co-Sponsors

Be it enacted by the Sangguniang Panlungsod of General Santos, that:

Section 1. Prohibited Acts. All forms of drag racing in the City of General Santos are hereby prohibited.
No person shall engage in drag racing using motorcycle, automobile, trucks, tricycle or any vehicle in any
street, road, thoroughfare, racing track, drag strip, or any venue made for the same purpose at any given
time within the City of General Santos.

Section 2. Denition of Terms. As used in this Ordinance, the following terms are hereby dened:

a.) drag race a race between motorcycles, cars or tricycles on a paved or unpaved straight tracks with
the object of trying to maneuver each other in terms of speed in order to win a certain bet or price.

b.) drag strip a short straight tract used for drag racing.

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c.) Motorcycle a two-wheeled road vehicle powered by a gasoline engine.

d.) Tricycle a two-wheeled road vehicle with sidecar

e.) Automobile a road vehicle usually with four (4) wheels and powered by an internal combustion gas
or diesel engine designed to carry a small number of passengers.

Section 3. Obligations of the Law Enforcers. It is the duty of the trac enforcer or deputized
personnel to apprehend any person who engages in drag racing at any given time, place or event,
as specied and described in this Ordinance.

Section 4. Penalty Clause. Any person or group of persons who violates this Ordinance shall be
punished by a ne of Three Thousand Pesos (P3,000.00) or imprisonment of ten (10) days or both
such ne and imprisonment at the discretion of the Court.

If the violator is a group, association, corporation, partnership, or cooperative, the group leader, president
or manager shall additionally be liable thereof.

Where the violator of this Ordinance does not contest his or her apprehension and elect to pay the ne
imposed under the preceding paragraph, the enforcement ocer shall forthwith issue citation ticket to the
person apprehended without resort to the Court. The citation ticket shall state or contain (a.) the name,
signature, age and address of the person apprehended, (b.) the material facts obtaining in the
commission or omission of the crime dened and penalized under this Ordinance, (c.) the amount of ne
which is payable in favor of the City Government of General Santos, and (d.) notice requiring the person
apprehended for extra-judicial settlement of his or her violation by paying the prescribed amount of ne at
the Oce of the City Treasurer within seventy-two (72) hours from issuance thereof, otherwise,
appropriate complaint shall be led against him/her before the court of law.

Section 5. Gambling. Any form of gambling during drag racing is hereby prohibited.

Section 6. The Philippine National Police (PNP) of the City of General Santos shall conscate the
bets and paraphernalia involved in drag racing gambling for purposes of ling the necessary
charges.

Section 7. Administrative Provision. Implementing Rules and Regulations. After the eectivity of this
Ordinance, the City Mayor, in coordination with the City Transportation and Management
Committee shall issue an Executive Order prescribing the rules and regulations for the smooth
implementation of this Ordinance.

Section 8. Repealing Clause. Any ordinance, resolution or order, or part or parts thereof, which are
inconsistent with any of the provisions of this Ordinance are hereby amended, repealed or modied
accordingly.

Section 9. Separability Clause. If for any reason or reasons, any portion or provision of this Ordinance is
declared unconstitutional or invalid, the other portion or provisions hereof which are not aected thereby,
shall continue to be in full force and eect.

Section 10. Eectivity. This Ordinance shall take eect after fteen (15) days following its publication in
a newspaper of general circulation within the City.

Enacted by the 16th Sangguniang Panlungsod, City of General Santos, on its 71st Regular Session held
on December 13, 2011.

CERTIFIED CORRECT:

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ATTY. ROSENDO A. ROQUE

Secretary to the Sanggunian

ATTESTED BY:

RONNEL C. RIVERA
Acting City Vice Mayor and Presiding Ocer

Approved by His Honor, the City Mayor on___________, 2011.

DARLENE MAGNOLIA R. ANTONINO-CUSTODIO

City Mayor

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