Ordinance On Traffic and Transportation Management
Ordinance On Traffic and Transportation Management
Ordinance On Traffic and Transportation Management
2019-03 Page |1
EXCERPTS FROM THE MINUTES OF THE 3rd REGULAR SESSION FOR C.Y. 2019 OF THE
SANGGUNIANG BAYAN OF KUMALARANG, ZAMBOANGA DEL SUR HELDAT THE MUNICIPAL
SESSION HALL ON JULY 15, 2019 AT EXACTLY 9:00 A.M.
Article I
Section 1. TITLE. – This code shall be known as the “Traffic and Transportation
Management Code of Municipality of Kumalarang, Zamboanga del Sur.”
Section 2. OBJECTIVE. – This code is enacted to establish procedures and
mechanism in safeguarding and protecting lives and properties through efficient and
effective traffic and transportation management.
Section 3. SCOPE AND APPLICATION. – The provisions of this Code shall
administer and control, as they apply, the operation of all motor vehicles in the
Municipality of Kumalaranng, Zamboanga del Sur.
Article II
Definitions of Terms
1) Motor Vehicle- shall mean any vehicle propelled by any power other than muscular
power using the public highways.
2) Driver- shall mean any person duly licensed to mechanically operate a motor vehicle.
3) Owner-shall mean the legal owner of a motor vehicle, in whose name such vehicle is
duly registered with the Land Transportation Office.
4) Highways- shall mean every public thoroughfare, public boulevard, driveway and
avenue, but shall not include roadway upon grounds owned by private persons,
colleges, universities, or other similar institutions.
5) Parking or Parked- shall mean that a motor vehicle which is brought to stop on any
side of a street with blinking lights on but without a driver or left unattended.
6) Public Road- includes national, provincial, municipal or barangay roads.
7) Sidewalk- refer to a narrow pathway at a side of a road intended for the use of
pedestrian.
8) Lanes- refer to a narrow pathway or byway.
9) Pedestrian- means any person who is supposed to follow the crosswalk when crossing
the highway avenue and municipal streets or walking on the sidewalk on the side by
the highway.
10) Traffic- pedestrian, ridden or herded animals, vehicles, street cars and other
conveyance either singly or together while using any street for purpose of travel.
11) Traffic Control Devices- shall mean all signs, signals, pavement markings, traffic
cones placed or erected by authority of the municipal council or officials having
jurisdiction for the purpose of regulating warning or guiding traffic.
12) Center Line- shall mean a continuous or broken line marked upon the surface of a
roadway by paint or other control devices to indicate such portions of the roadway
allocated to traffic proceeding in the two opposite directions.
13) Driver – Any person operating or having control of the directional and motive power of
a vehicle.
14) Franchise – the legal document issued and approved by an appropriate body (Land
Transportation Franchising and Regulatory Board, Motorized Tricycles Regulatory
Board) authorizing the operation of the vehicle in a particular territorial area or
jurisdiction;
15) Highway – refers to the following portions of the national road and all such other
national roads that shall be established hereafter within the jurisdiction of the city:
a) from the municipal boundary in Barangay Bogayo to end point of municipal
boundary of Barangay Boyugan West;
b) from the national road junction to secondary road in Barangay Poblacion and
national junction to provincial road (along with public cemetery);
16) Horn – refers to any and all devices used for signaling by sound.
17) Intersection – the place at which two or more roads cross.
18) Marked crosswalk – a portion of a thoroughfare between two parallel lines marked
across the thoroughfare, intended for use of pedestrian.
19) Minor – includes any person below eighteen (18) years old or those over but are
unable to fully take of themselves for abuse, neglect, exploitation or discrimination
because of physical or mental disability or condition.
20) Motorcycle – refers to any two-wheeled engine-driven vehicle not used for public
transportation.
Municipal Ordinance No. 2019-03 Page |3
21) Motor vehicle – any conveyance designed to be self-propelled, and includes any
vehicle designed to be propelled by electric power obtained from overhead wires but
not operated upon rails.
22) No Parking Area – means a portion of a thoroughfare between two consecutive “No
Parking” signs and with arrows pointing generally towards each other or other
appropriate signs.
23) One-Way Street – means a thoroughfare on which vehicles are permitted to travel in
one direction only, as indicated by appropriate signs or signals.
24) Overtake – to pass or attempt to pass a slower-moving vehicle traveling in the same
direction.
25) Parallel Parking – the mode of parking by which the vehicle is parked parallel to or
aligned with the direction of the road.
26) Parked Vehicle – a vehicle is deemed to be parked if it is:
a) Unattended by a driver; or
b) stationary for a period of at least one (1) minute and not picking up or setting down
persons or goods; or
c) the engine is switched off.
27) Parking Area – means a portion of the thoroughfare where parking is permitted as
indicted by appropriate notices or parking signs.
28) Pedestrian – any person on foot, in a perambulator or in a wheeled chair—motorized
or not.
29) Public Place – any place where the public have access.
30) Public Utility Vehicle – shall refer to any and all types of vehicles operated for public
transportation: buses, jeeps, taxi, motorized tricycles and pedicabs.
31) Reckless Driving – the act by which a person while driving a motor vehicle fails to take
due care and careful regard to persons and properties thus resulting in death or injury
to persons or damage to properties and other vehicles.
32) Road – the entire surface of any street open to traffic; sometimes called street or
highway, constituting the whole area of the land surface designed or used for the
passage of vehicles, whether motorized or not, exclusive of sidewalks and shoulders
forming part of the right-of-way.
33) Road Marking – any traffic control device laid out or painted on the surface of the road
or carriageway used to regulate traffic or to warn or guide road users, used either
alone or in conjunction with other signs or signals to emphasize or clarify their
meaning.
34) Thoroughfare – means that portion of a road improved, designed or used for vehicular
travel exclusive of the shoulder and footway.
35) Through Street – shall refer to a road on which the movement of traffic is given
preferential passage or right of way over vehicles entering or crossing at intersections.
36) Tricycle – refers to a motor vehicle composed of a motorcycle fitted to a single-
wheeled sidecar or motorcycle with two wheeled cab or any three-wheeled passenger
conveyance.
37) Vehicle- means any conveyance or device propelled or drawn by a fuel-fed or electric-
driven engine or any other means; and includes the bicycle and, where the context
permits, includes an animal driven or ridden, but does not include a train.
38) Waiting – means a vehicle permitted to remain stationary with the motor running.
39) Wheel Clamp – Also known as tire lock means a device or any similar equipment that
will be used to immobilize illegally parked vehicles that have been issued official
parking violation notices
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Article III
Administration
Article IV
Article V
Section 9. – Headlights -
a. Every motor vehicle of more than one meter of projected width, while in
use on any public highway shall bear two headlights, one on each side,
with white or yellowish light visible from the front, which not later than
one-half hour after sunset and until at least one-half hour before sunrise
and whenever weather condition so requires, shall both be lighted.
Additional lamps and light may be carried, but not red lights shall be
visible forward or ahead of the vehicle. Trucks, buses, trailers, and other
similar vehicles must carry, while in use of any public highway during
night time, colored riding lights on each of the four corners not more than
ten centimeters from the top.
All motor vehicles shall be equipped with devices for varying the intensify
of light, and the driver must dim the headings or tilt the beams downward
whenever the vehicle is being operated on well lighted streets within the
municipality or whenever such vehicle meets another vehicle on any
public highway.
b. Penalty- Violations of this section, a fine of not less than Two Hundred
Fifty Pesos (P250.00).
Article VI
b. The driver of a vehicle shall not overtake or pass another vehicle proceeding in
the same direction, when approaching the crest of a grade, nor upon a curve
in the highway, where the driver’s view along the highway is obstructed within
a distance of five hundred (500) feet ahead, except on a highway having two
or more lanes for movement of traffic in one direction where the driver of a
vehicle may overtake or pass another vehicle. Provided, that on a highway,
within a business or residential district, having two or more lanes for movement
of traffic in one direction, the driver of a vehicle may overtake or pass another
vehicle on the right.
c. The driver of a vehicle shall not overtake or pass or attempt to pass, any other
vehicle, proceeding in the same direction, between any points indicated by
placing of official temporary warning or caution signs indicating that men are
working on the highway.
d. The driver of a vehicle shall not overtake or pass, or attempt to overtake or
pass, any other vehicle proceeding in the same direction in any “no-passing or
over-taking zone”.
b. Traffic Conditions
A driver of a vehicle shall always be alert pedestrians, bicycles, motorcycles, tricycle and
parked cars. Driver must have a good driving skill when driving on municipal streets.
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c. At Intersections.
1. Stay on the proper lane.
2. Slow down your speed if you want to turn.
3. Use your signal light before you turn.
4. Stay on the proper lane after you turn.
Pull the right, slow or stop as soon as you hear the emergency siren of these vehicles.
Always make it easy for them to pass.
f. Penalty.
Any person found violating any provision of this section shall be liable to pay the fines
and/or imprisonment herein below prescribed;
First Offense - P500.00
Second Offense - P1,000.00
Third Offense - P1,500.00 or imprisonment of not less than 3 days or both upon the
discretion of the court.
SECTION 22. – Right of Way for Police and Other Emergency Vehicles-
Upon the approach of any police or fire department vehicles, or of an ambulance
giving audible signal, the driver of every vehicle shall immediately drive the same to a
position as near as possible and parallel to the right-hand edge of a highway, clear of any
intersection of highways and shall stop and remain in such position unless directed by a
peace officer or until such vehicles shall have passed.
SECTION 24. – Driving while under the Influence of Liquor or Narcotic Drugs
and while Smoking.
No person shall drive a motor vehicle while under the influence of Liquor or
Narcotic drug and while smoking.
SECTION 26. – Regulating the use of any portion of any public roads, sidewalk,
alleys, or lanes-
No person shall use any portion of any public roads, sidewalks, alleys, or lanes, for
the following purposes:
a. Drying of apparels, whatever kind of cereals, buri palms or other agricultural
products;
b. Repairing and washing of vehicles and other home appliances.
c. Bathing or laundering or other similar purposes.
d. Hawking or peddling of any goods, merchandise, wares or any articles of
commerce.
e. Placing of construction materials or waste materials of demolished/renovated
buildings.
f. Installation of business stalls, advertisement or other similar objects.
g. Placing junk or unused vehicles.
h. Parking areas for motorcycles and tricycles, including big vehicles except in
designated parking areas.
Any person who violates this section shall suffer the following penalties:
1. First violation – notice of warning will be served to the owner/operator to stop the
said use
2. Second violation – failure to stop the said use after the grace period of three (3)
days, a fine of Five Hundred Pesos Only (Php500.00) or imprisonment of not less
than ten (10) days but not more than thirty (30) days or both such fine and
imprisonment shall be imposed at the
brakes thereon, and when standing upon any grade, turning the front wheels to
the curb or side of the highway.
c. Penalty
Any person who violates this Section shall be subject to the following penalty.
First Offense - P500.00
Second Offense - P1,000.00
Third Offense - P1,500.00 or imprisonment of not less than two (2) days or both
upon the discretion of the court.
The funds derived from any such auction shall be used to defray the expenses of
such auction shall be used to defray the expenses of such auctions and any other
expenses incurred in taking into custody or keeping such vehicles, and the balance, if
any, shall become part of the General fund.
SECTION 37. – Use of Coasters, roller skates and Similar Devices Restricted-
No person upon roller skates or riding in or by means of any coasters, toy vehicles
or similar device shall go upon any roadway except while crossing street. When so
crossing such person shall be granted all of the right and shall be subject to all of the
duties applicable to pedestrians.
ARTICLE VII
Parking Areas
1. All tricycle drivers shall parked their tricycles at the Tricycles Parking Area parallel
diagonal-parking
3. Tricycles shall not be allowed to park anywhere in front of the Public market except
in the designated tricycles parking area.
c. Penalty- any person who violates any provision of this section shall be
punished by a fine of Five Hundred Pesos Only (P500.00) but not more
than One Thousand Five Hundred Pesos Only (P1,500.00) or an
imprisonment of five (5) days but not more than ten (10) days or both
such fine and imprisonment at the discretion of the court.
ARTICLE VIII
Garage and Terminal
SECTION 41. – Garage and/ Parking area for hauling services and/or
construction Works and all other vehicles-
a. Regulated Acts-
1. No person shall engage in hauling services and/or construction works without a
garage and/ or private parking area for its/ his motor vehicles, push carts
2. It shall be unlawful for any firm or person engaged in hauling services and/or
construction works to park its/his motor vehicles, push carts, trucks other heavy
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equipment and all other vehicles along the road except when loading or unloading
cargoes.
3. All private terminals for business are required to comply the required the required
payments at the Municipal Treasurer.
b. Any person who violates any provision of this section shall be punished by a fine
of Five Hundred Pesos Only (P500.00) but not more than One Thousand Five
Hundred Pesos Only (P1,500.00) or both such fine and imprisonment at the
discretion of the court.
ARTICLE IX
Transportation
SECTION 42. – Bicycle-
a. Definition of Terms
Motorized Tricycle- for- hire - is a motor vehicle composed of a motorcycle fitted
with a single-wheel car operated to render transport service to the general public
for a fee.
Private Motorized Tricycle – shall refer to a motorcycle with a wheeled side car
unit bearing no body number and with a private plate utilized or operated for some
personal or specific purpose other than a public utility within the Minucipality of
Kumalarang.
Sangguniang Bayan resolution shall contain the name or names of the person or
persons whose application and all other conditions necessary.
3. If the application is approved, the same will be transmitted immediately to the office
of the Mayor. In case the application is disapproval.
4. The Sangguniang Bayan will furnish the barangay copy of the approved resolution
allowing the motorized tricycle-for-hire to operate within the municipality.
5. Each applicant whose application had been approved shall be issued a “Franchise
Certificate” which shall be completely filled-up and certified by the Secretary of the
Sangguniang Bayan by authority of the Sangguniang Bayan. It shall be displayed
in the tricycle unit together with the Mayor’s Permit.
6. The franchise granted, unless earlier revoked or otherwise provided for by the
Sangguniang Bayan, shall be valid for a period of three (3) years and renewable
thereafter. The franchise shall be non-transferable except with the consent of the
Sangguniang Bayan.
7. A Mayor’s Permit is valid for one (1) year only from January 1 to December 31 of
the current year. Operators who fail to renew their permits on the first twenty (20)
days of January of the current year shall pay an additional fee of 25% penalty
based on the regular fee for renewal. Failure of the operator to renew on the
specified date shall automatically relinquish their privilege to operate.
8. The Mayor from time to time may order the checking or through inspection of
motorized tricycle-for-hire in order to determine their road worthiness to transport
passengers or cargoes by any inspecting officer duly designated or authorized by
the Municipal Mayor.
b. Riding at the back of the driver or backriding by only one passenger on the back
seat of the motorcycle of a motorized tricycle is hereby allowed or permitted.
Provided that a 5 inches by 10 inches footrest is tucked at the lower left rear protion
of the motorcycle for the convenience of the backrider and protection of his/her
feet from sliding into a driving chain and spokes of the rear wheel.
a. Any operator applying for a license or renewal of license must establish ownership
of motorcycle and of the sidecar.
b. Operators shall before registration with the Office of the Mayor, secure insurance
with the reputable insurance company to answer for third party liability arising from
the operation of the service.
c. Substitution of another motorcycle also owned by the operator, can be done only
after this is reported to and approved by the Municipal Mayor shall furnish pertinent
data to the PNP.
d. No person shall be allowed to register directly or indirectly more than two (2)
motorized tricycles-for-hire under his name without prejudice to the operators who
owned and register under his name more than two (2) motorized tricycle-for-hire
prior to the enactment of this provision.
e. It shall be unlawful for any registered owner/operator of motorized tricycle-for-hire
to use the names of other persons or “dummy” in order to circumvent the provision
of the preceding section hereof.
f. Operators of motorized tricycle-for-hire are not allowed to sell, donate, lease,
mortgage or encumber in any manner to any person their privilege to operate
motorized tricycle-for-hire in the municipality of Kumalarang. Provided, however
that if an operator of a motorized tricycle-for-hire sells or conveys his unit, his
Mayor’s Permit if granted shall be treated as a new applicant.
g. All tricycle for hire shall pay a registration fee as mandated in the Revenue Code
within January 1 to January 20 and beyond these dates a surcharges of 25% will
be imposed.
h. The deadline for tricycle registration shall be at the end of February of every year
and failure to register means stop of operation of said unit in the Municipality of
Kumalarang.
c. The office of the Mayor shall prepare a separate book, or any other system of
recording in which shall be indicated the name of the driver, the professional
driver’s license number, his status whether regular or extra, the motorized tricycle
number, the name of the owner or operator and the address of both the driver and
the owner or operator.
d. All drivers of for motorized tricycle are required to become member of any active
organization which shall principally aim to discipline, train, educate, and promote
the welfare and well-being of its member of their own choice.
e. All drivers of for-hire motorized tricycle must undergo a seminar on public service,
traffic rules and regulations and ordinances affecting them, which will be conducted
by the PNP, after which a certificate of attendance with a 2x2 photo will be issued
to the successful participants which is to be hanged inside the tricycle infront of the
passenger’s seat by the driver on duty.
f. All drivers, when on duty, should wear identification card issued by the Office of
the Mayor as an official and extra driver of said tricycle unit.
g. All complaints against any driver especially on conveyance should be referred to
the police and also to the organization where he may belong.
h. As an incentive and encouragement to drivers and associations, the offie of the
Mayor shall give awards to worthy and deserving drivers and associations which
shall be done during the culmination rites of every seminar.
i. Every driver shall wear either T-Shirt or Playboy, long pants, shoes. He shall
observe personal hygiene at all times.
j. Wearing of slippers and short pants are strictly prohibited while driving.
k. Smoking while driving is strictly prohibited.
l. No driver shall leave or stay away from his vehicle being parked for the purpose of
fetching, passengers at the Kumalarang Public Market and other public places.
Drivers may leave their vehicle only when urgently necessary like attending to
personal necessities.
a.c. Discounted Rate for Senior Citizen, PWD, and Students from Designated
Parking Area inside Public Market of Barangay Poblacion:
1. Poblacion Proper - P5.00
2. Poblacion to Junction (national highway crossing) - P10.00
3. Poblacion to Sayao - P15.00
4. Poblacion to Overland - P17.00
5. Poblacion to Diplo - P23.00
6. Poblacion to Picanan - P33.00
7. Poblacion to Boyugan-West - P37.00
8. Poblacion to Sicade - P18.00
9. Poblacion to Bogayo - P23.00
10. Poblacion to Camarin - P10.00
11. Poblacion to Gawil - P23.00
a.d. Discounted Rate for Senior Citizen, PWD, and Students from Integrated Bus
Terminal:
b. Drivers/or operators who charge higher fares other than which are fixed under this
code shall be fined accordingly.
1. 1st Offense - P500.00
2. 2nd Offense - P1,000.00
3. 3rd Offense - P1,500.00 and revocation of franchise/permit
ARTICLE X
Citations and Arrest
ARTICLE XI
Accidents
locate and notify the owner or person in charge of such properly of such fact and of his
name and address and of the vehicle license number of the vehicle he is driving and shall
upon request exhibit his driver’s license and shall make report of such accident when and
as required by this code.
ARTICLE XII
Enforceability
SECTION 62. – Time of Implementation-
Except expressly provided for under this Code, all rules and regulations
shall be enforceable 24 hours a day.
ARTICLE XIII
Communication
SECTION 63. –Granting of Franchise to Telecommunication Facilities-
The installation, operation and maintenance of more telecommunication facilities
is a move towards development with the accessibility by local governments of Information
Technology and the Municipality of Kumalarang shall adopt a friendly investments climate
to encourage not the monopoly of this privilege but the entry of more qualified operators.
corporations to operate internet café under such conditions and regulations as the
government may impose in the public interest and public safety.
b. Regulated Areas
1. To be able to operate an internet café, the operator must first secure a Legislative
Franchise from the Sangguniang Bayan, terms and conditions on the grant of
Franchise shall be stipulated to the best interest of both the local government and
the grantee.
2. Operations and/or viewers shall allow school children and students to use their
facilities only on the following schedules:
On Weekends and / Holidays / Vacation – 8:00 A.M until 10:00 P.M.
During School days – 8:30 P.M until 10:00 P.M.
The use of the internet café facilities by the school children and student during
school hours shall be for educational purposes only and the operators and/ or owners
shall require a written authority signed by the school principal/ administrator. The
operators and/ or owners shall be held liable for the violation and shall assume full
responsibility of the consequences.
3. Non students can use the internet café anytime of the day provided that the
operator opens his shop for business purposes.
4. No cybersex café shall be allowed to operate and internet café shall be monitored
by the PNP authorities from time to time to avoid sex slave thru internet.
ARTICLE XIV
Final Provisions
SECTION 65. – General Penal Provision-
Any person who violates any provision of this Code not herein otherwise
covered by a specific penalty or of the rules and regulations promulgated under
authority of this Code, shall be punished by a fine of not less than One Thousan
Pesos Only (P1,000.00) nor more than Two Thousand Five Hundred Pesos Only
(P2,500.00) or imprisonment, at the discretion of the court.
SO ORDAINED.
I HEREBY CERTIFY TO THE CORRECTNESSS
OF THE ABOVE QOUTED ORDINANCE:
APPROVED:
REUL G. MOLINA, LLB
Municipal Mayor
Date Signed:
b) Owners or operators of motor vehicles within the territorial jurisdiction of the City shall
at all times ensure that their vehicles comply with the exhaust emission standards set
forth in R.A. No. 8749, otherwise known as the “Philippine Clean Air Act of 1999” and
its implementing rules and regulations.
Section 52. WINDSHIELDS TO BE UNOBSTRUCTED AND EQUIPPED WITH
WIPERS. – a) No person shall drive any motor vehicle with any sign, poster, or other non-
transparent material upon the front windshield of such vehicle which obstructs the driver’s
clear view of the highway.
b) Posters or stickers approved by the proper authority shall be placed at the lower right
hand corner of the front windshield.
c) No person shall drive any motor vehicle with any non-transparent material or object
suspended within the wind shield area as viewed from the drivers’ seat nor shall any
person drive any motor vehicle upon the hood of which is attached to any fixture
ornament of any material which vibrates, or swings within view of the driver of said
vehicle.
d) The windshields on every motor vehicle shall be equipped with a wiper for cleaning
rain or other moisture from the windshield and shall be maintained in good working
order.
Section 53. PROTECTIVE EQUIPMENT. – The use of appropriate safety helmets
prescribed under Republic Act No. 10054 and its implementing rules and regulations and
further specified in City Ordinance No. 2018-398 (Protective Helmet Ordinance) shall be
compulsory for motorcycle drivers and riders at all times when travelling in public
thoroughfares.
Section 54. SEATBELTS BEING SUPPLEMENTARY RESTRAINING DEVICE. –
Consistent with national law, it shall be the duty of the driver to use upon himself and to
require his passengers to use the vehicle’s seatbelts.
plate number he is driving and, upon request, exhibit his driver’s license and make a
report of such accident required by this Ordinance.
Section 65. REPORT OF ACCIDENTS. – a) The driver of any vehicle involved in an
accident resulting in injury or death of any person shall immediately, by the quickest
means of communication, give notice of such to the police department or the Roads and
Traffic Management Office.
b) The driver of any vehicle involved in property damage, shall endeavor to make an
agreement with the owner of the property involved on the amount of property damage
sustained, provided, however, that if no agreement is reached between the parties,
the accident shall be reported immediately to the police department.
c) Every law enforcement officer who, in the regular course of duty, investigate a motor
vehicle accident of which report must be provided, either at the time and scene of the
accident or at a later time after conducting interview of the involved parties or
witnesses shall, within 24 hours after completing such investigation, forward a written
report of such accident to the Roads and Traffic Management Office.
Section 66. ACCIDENT REPORT FORMS. – a) The Roads and Traffic Management
Office shall prepare and, upon request, supply to garages and agencies concerned such
forms for accident reports required herein with respect to the persons required to make
such reports and the purpose to be served.
b) The written reports to be made by persons involved in accidents and by the
investigating officers shall call for sufficient detailed information and disclose, with
reference to such accidents the causes, all existing conditions including that of the
person and vehicle involved.
c) Every accident report required to be made in writing shall be made on the appropriate
form prescribed by the traffic division of the police department and agreed with
national agencies. The report shall contain all the information required in the form,
unless not available.
Section 67. GARAGE TO REPORT. – It shall be the obligation of the person in
charge of any garage or repair shop to which a motor vehicle was brought showed
evidence or suspected to be involved in an accident or may have been struck by any
bullet, to report to the police department within 24 hours after such motor vehicle is
received and give the engine number, plate number, the name and address of the owner
or driver of such vehicle together with a description of the suspicious or unusual
circumstances.
Section 68. ACCIDENT REPORTS CONFIDENTIAL. – All accident reports in writing
made by person involved in accidents or by garages shall be for the confidential use of
the Police Department or other city agencies having use of such records for accident
prevention and statistical purposes. The police department may, however, disclose the
identity of a person involved in an accident when his identity is not otherwise known or
when such person denies his presence at the accident. No such report or part thereof
may be used as evidence in any trial, civil or criminal, arising out of the accident except
that the police department, upon demand by any Court, issue a certificate showing that
a specified accident report was or has been made to the police department solely to prove
compliance with the requirement that such a report has to be made and submitted to the
police department.
Section 69. WHEN DRIVER UNABLE TO REPORT. – a) An accident report is not
required under this Article from any person who is physically incapable of making report
during the period of such incapacity.
b) Whenever the driver being the owner of the vehicle is physically incapable of giving
an immediate notice of an accident as required in Section 65 and there is, at the time
of the accident, another occupant in the vehicle who is capable of doing so, such
vehicle occupant shall make a report. If the driver is not the owner of the vehicle, it
shall be the responsibility of the owner of the vehicle involved in an accident to, within
5 days after learning of the accident, make such report not made by the driver.
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CHAPTER 3 — PEDESTRIANS
Section 76. – Appropriate traffic signs and road markings shall be installed to
provide direction and information to all road users in accordance with national and
international standards.
Section 77. – Whenever and wherever applicable, traffic signs shall be erected to
guide all motorists and pedestrians. Such signs must conform in size, design and element
to the national and international patterns.
Section 78. – It shall be the primary responsibility of the RTMO to see to it that
such informational and directional markings are regularly maintained.
Section 79. – Information signs shall be conspicuously posted in all areas where
entry restrictions and/or limitations are imposed on the entry and/or parking of cargo
trucks during specific times of the day.
Article 3 — Parking
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Section 92. CONTROLLED AREA. – a) Segments of the following streets and all
areas within the perimeter of these specified roads sections shall be off-limits to delivery
trucks, and such other cargo trucks, including tractor trailers or prime movers for
containerized hauling services and for any such other purposes or used for parking
purposes from 7:00 a.m. to 8:00 p.m.:
1) North — Jose Sanson Street (from Sabado Street up to Serapio J. Datoc Street);
2) East — Fernando Sabado Street (from J. P. Rizal Avenue up to Cabrera Street;
3) West — Serapio J. Datoc Street (from W. Pulmones Street up to Sanson Street);
4) South — Warlito Pulmones Street (from Vicente M. Cerilles Street up to Serapio
J. Datoc Street)
b) Loading and/or unloading of cargo from any of the above-enumerated vehicles may
only be done from 9:00 a.m. to 4:00 p.m. and from 7:00 p.m. to 7:00 a.m. of the
following day.
c) Vehicles carrying perishable goods may, however, be allowed to pass this area en
route to its final destination/delivery point and in leaving after completion of the
delivery.
d) Delivery or Cargo Vehicles due to deliver and/or unload its shipment to warehouses
or bodegas located within the perimeter mentioned above may proceed to its
destination. Provided, such vehicles shall not at any time prior to, during or after the
completion of the delivery park on the road or occupy any area within the road-right-
of way.
Section 93. CARRIERS OF FLAMMABLE, HAZARDOUS AND/OR TOXIC CHEMICALS.
– Subject to pertinent regulations established in this code in the delivery protocol, vehicles
carrying flammable, hazardous and/or toxic chemicals when entering the city proper from
M u n i c i p a l O r d i n a n c e N o . 2 0 1 9 - 0 3 P a g e | 31
any point of origin may only be allowed to take the J.P. Rizal Avenue route going to its
final destination.
Section 94. – The streets hereunder listed are hereby declared as one-way traffic
streets. However, the RTMO, as it sees fit, may recommend to the Roads and Traffic
Planning Board the modification of the listing, provided, that the Office shall furnish the
Sangguniang Panlungsod within fifteen (15) calendar days a report of the changes or
revisions made as approved by the City Mayor. The revised list shall be deemed final if
not acted by the Sangguniang within three (3) months from receipt thereof.
a) Warlito E. Pulmones Street: from B. Aquino Street towards S. Datoc Street;
b) Faustino Jamisola Street: from F.S. Pajares Avenue towards B. Aquino Street;
c) Javier Ariosa Street: from J.P. Rizal Avenue towards F. Jamisola Street;
d) Limited Time Application: from 6:30 a.m. to 8:00 a.m. and 4:00 p.m. to 6:00 p.m.
during School Days only:
1) Pedro Sabate Street: from F. Sabado Street towards Roxas Street;
2) Roxas Street: from Sabate Street towards Mercedes Street;
3) F. Duterte Street: from Mercedes Street towards Sabate Street;
4) Pedro Sabate Street: from Zulueta Street towards S. Datoc Street
5) F. Consolacion Street: (from the junction of unnamed road leading towards Santo
Niño District up to P. L. Urro Street)
Section 95. – The RTMO may, in emergency situations, temporarily institute and
summarily enforce or control the direction of vehicular flow in city street/s.
Article 7 — Turns
Section 97. RIGHT TURN. – The execution of right turns may be allowed in street
intersections provided such street to be entered into is not designated as one-way street
and leading into the other direction. Provided, further, that right of way or access shall
be given to the vehicles navigating the road being entered into.
Section 98. LEFT TURN. – a) The execution of left turns in the street intersections
listed hereunder is hereby restricted:
1) S. Datoc Street towards W. Pulmones Street;
2) B. Aquino Street towards F. Jamisola Street
3) F. Jamisola Street towards J. Ariosa Street;
4) Warlito Pulmones towards F.S. Pajares Avenue
b) From 6:30 a.m. to 8:00 a.m. & 4:00 p.m. to 6:00 p.m. during school days, left turns
shall not be allowed in the following intersections, viz:
1) Mercedes Street towards Roxas Street;
2) S. Datoc Street towards Sabate Street.
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c) The RTMO may, however, temporarily restrict the execution of U-Turns in certain
street intersections on account of emergency and/or special occasions requiring the
rerouting of traffic flow.
Section 99. U-TURN. – The execution of U-Turns shall not be allowed in the
following street intersections and in all breaks in between the center islands of these
roads segments, to wit:
a) The following intersections with J.P. Rizal Avenue:
1) F.S. Pajares Avenue;
2) B.S. Aquino Street;
3) J. Ariosa Street
b) The following intersections with F.S. Pajares Avenue:
1) F. Jamisola Street;
2) W. Pulmones Street;
3) Cabrera Street
Section 100. AUTHORITY TO MODIFY THE LISTINGS. – The RTMO may expand,
reduce, amend or modify from time to time the lists in the preceding Sections of this
Article as it sees fit upon recommendation of the Road and Traffic Planning Board and
approval by the City Mayor. Provided, however, that the Office shall furnish the
Sangguniang Panlungsod within fifteen (15) calendar days a report of the changes or
revisions made. The revised list shall be deemed final if not acted by the Sangguniang
within three (3) months from receipt thereof.
Section 102. – The street center islands are established to delineate traffic
channels and these structures shall be maintained and developed for aesthetic purposes.
Its may be as site for informational or promotional notices and business advertisements
in accordance with the provisions of existing ordinances; Provided, however, that
henceforth the lowermost part of any materials that shall be hung must be at least two
(2) meters high from the road level.
Section 103. – No street center island may be used by any individual or groups for
hanging about or loitering and for any other purposes.
Section 104. – Wayside stops for the overnight parking of cargo trucks shall be
established in an area along the stretch of the National Highway or the B. F. Arao Avenue.
Section 105. – Appropriate facilities and amenities necessary to provide comfort
and rest to truckers/travelers shall be provided thereat. The operation and utilization of
the area shall be subject to the formulation of an operational guidelines, policies and
regulations by the City Economic Enterprises Department and the adoption thereof by the
Sangguniang Panlungsod.
Section 106. – These areas shall be appropriately marked and strategically located
so as not to inconvenience and pose hazard passers-by and other road users.
Section 113. – For purposes of establishing the preferential right of passage, city
roads and streets are hereby classified as follows:
a) Primary Roads shall refer to the following main roads of the city which in the order of
priority vehicles traveling within of these streets shall have precedence:
1) J. P. Rizal Avenue
2) Warlito E. Pulmones Street
3) Vincenzo Sagun Street
4) Platon L. Urro Street
5) Benjamin F. Arao Avenue
6) Filemon S. Pajares Avenue
7) Benigno Aquino Street
8) Florentino Duterte Street
9) Canuto Enerio Street
b) Secondary Roads refer to the hereunder described streets within the urban road
network:
1) Marcelo Dablo Street
2) Faustino Jamisola Street
3) Cabrera Street
4) Jose Sanson Street
5) Jose Hofileña Street
6) Antonio Salazar Street
7) Hermogenes Broca Street
9) Mercedes Street
10)Pedro Sabate Street
11)Francisco Consolacion Street
12)Jose Zulueta Street
13)Serapio J. Datoc Street
15)Javier Ariosa Street
16)Vicente M. Cerilles Street
17)Fernando Sabado Street
18)Roxas Street
19 Bernabe Sabellano Street
c) Barangay Roads refer to the all other roads—named or unnamed, not otherwise
mentioned in the preceding sub-sections (a) and (b).
Section 114. – Vehicles approaching intersections must yield the right of way in
accordance with the above established precedence.
Section 115. – In cases when vehicles traversing roads of the same classification
meet at crossroads, preferential right of passage shall be accorded to the vehicle
negotiating the uphill or downhill grade.
Section 124. LIMITATION FOR CARGO AND DELIVERY TRUCKS. – Delivery trucks,
and such other cargo trucks, including tractor trailers or prime movers for containerized
hauling services and for any such other purposes shall not be allowed to enter, pass or
park either for purposes of loading and/or unloading of cargoes within the area delineated
in this code from 6:59 a.m. to 8:59 a.m. and from 3:59 p.m. to 6:59 p.m.
Section 125. – EXEMPTIONS.
a) Carriers of Perishable Goods. – Cargo Trucks with gross weight capacity of Four
Thousand Five Hundred (4,500) kilograms or any six (6) wheeler trucks carrying
perishable goods may enter and pass through without stopping in any of the streets
specified in the preceding section and in such other side streets of the city only when
scheduled to unload or load the cargo at a particular destination or when leaving after
completing the delivery.
b) Cargo Carriers with Garage and Warehouse located within the Banned Areas. – Any
incoming cargo truck that is due to deliver and/or unload cargoes to a warehouse or
bodega located within the perimeter of the banned area may directly proceed to its
destination provided it shall not during any time park on or along any street or road
before or after loading and unloading of cargoes.
Other passengers may use these designated seats if not occupied and yield
them to incoming disabled passengers only if the yielding passenger can still be
accommodated at the back.
4) The designated seats shall be identified by symbols and signs.
k) Drivers of Public Utility Vehicles including tricycles and trisikads are required to post
their identification Card (I.D.) with a 2 x 2 picture containing the name of the
owner/operator and/or driver and their addresses on the front portion of the
windshield of their vehicles.
l) During the period of operation, public utility vehicle drivers and conductors must be
in respectable attire. The use of sleeveless shirt, short pants or slippers is prohibited.
m) Every public utility vehicle must be provided and have on display or posted in a
conspicuous area within the vehicle a “NO SMOKING” sign.
Section 127. REQUIRED BODY MARKINGS. – All public utility transportation shall
bear body informational marking indicating the vehicle’s maximum number of passenger
seats; load capacities; LTFRB Franchise Number and the corresponding expiry date; and
the name of the vehicle owner/operator, among others.
Section 128. PROVISION OF GARBAGE RECEPTACLES. – Appropriate
trash/garbage bins or receptacles shall be at all times be provided in all public utility
vehicles: passenger buses, jeepneys and motorized tricycles for hire.
Section 129. CHARTERED PUVs. – Any public utility vehicle that is chartered,
contracted or hired for other purposes for out of line operation within the jurisdiction of
the city shall be required to obtain prior authorization from the RTMO.
Section 130. RESPONSIBILITY OF VEHICLE OPERATORS/OWNERS. –
Operators/owners of public transportation vehicles shall properly ascertain the capacity
of the drivers and conductors physically, mentally and emotionally as well as ascertain
that they possess the appropriate training and experience for their respective duties.
Section 131. PUV DRIVERS AND CONDUCTORS, MANDATORY REQUISITES. –
Drivers of public utility vehicles, including conductors, and drivers of motorized tricycles
for hire must:
a) possess commensurate license as may be applicable for the work assignment;
b) be in appropriate attire during operation of the vehicle. Wearing of shorts, sleeveless
shirts and slippers/sandals is prohibited;
c) at all times extend courtesy to fellow drivers and passengers;
d) be obliged to ferry passengers indiscriminately regardless of the passenger’s personal
circumstance, religion, color, race or creed, etc. to the specified destination;
e) not allow overloading, overcharging of fares nor contract out of line services in
violation of the franchise;
Section 132. PROHIBITED ACTS. – Consistent with national law, the following acts
are likewise prohibited and punishable under this Ordinance:
a) Operation of unauthorized tricycles, jeepneys, buses or mini-buses as vehicles-for-
hire in transporting passengers and cargoes in this city;
b) Operation of a motor vehicle outside of its assigned or designated zone of operation;
c) Trip-cutting;
d) Over-charging of passenger fare;
e) Refusal to convey passengers; and
f) Overloading.
Section 133. PRINTING/PAINTING OF VEHICLE IDENTIFICATION IN PUBLIC
UTILITY TRANSPORTATION UNITS. – The plate numbers of Public Utility Transportation
units must be painted in the specific areas and in the manner and size prescribed by the
Land Transportation Franchising Regulatory Board and/or the Land Transportation Office.
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Section 142. SCOPE AND APPLICATION. – This Chapter will apply to motorized
tricycles for hire operation within the territorial limits or jurisdiction of Pagadian City.
All public motorized tricycle for-hire operating within the territorial jurisdiction of
Pagadian City must necessarily acquire the necessary authority before being allowed to
operate as such.
Section 143. TERMINOLOGIES. – As used in this Chapter, the following terms shall
mean:
a) Motorized Tricycle – is a motor vehicle composed of a motorcycle fitted to a single-
wheeled sidecar or motorcycle with two wheeled cab or any three-wheeled passenger
conveyance;
b) Public Motorized Tricycle or Motorized Tricycle For Hire – is a motorized tricycle or tri-
wheeler rendering transport service to the general public for a fee.
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b) Powers and Authority. The Motorized Tricycle Regulatory Board shall have the
following powers and authority:
1) Issue, amend, revise, suspend, or cancel Motorized Tricycle Operators Permit
(MTOP) for cause and prescribe the appropriate terms and conditions thereof.
2) Prescribe and regulate zones or service areas in coordination with the Sangguniang
Pambarangay of the areas to be affected.
3) Establish and prescribe the conditions and qualification of grantees not mentioned
in this ordinance.
4) Establish and prescribe the conditions of the motorized units with safety and
comfort of passengers as the prime factors of consideration.
5) Establish a standard measurement of tricycle seats, legroom, headroom, and
minimum engine size.
6) Establish a policy on the mandatory replacement of old motorcycle engines or
prime movers.
7) Recommend to the Sangguniang Panlungsod the re-adjustment of the fares or
rates for the services for the different zones, as well as, the fees and other related
regulatory fees and charges in connection with the operation of motorized tricycles
for-hire.
8) Perform such other powers and authority that the Sangguniang Panlungsod may
grant unto it.
9) Issue policies on the qualification of tricycle drivers.
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Transportation Office, Pagadian City as “For Hire” to be able to secure the appropriate
Number Plate for the operation.
Section 151. SUPPORTING DOCUMENTS. – Applicants for a motorized tricycle
franchise should present the following documents:
a) Community Tax Certificate;
b) Certificate of residence issued by the Punong Barangay;
c) Copy of the Voter’s latest registration;
d) LTO Certificate of Registration of the Motorcycle with the latest LTO Official Receipt
of registration payment issued in the name of the applicant.
Section 152. – In all applications for motorized tricycle franchise, priority shall be
given to residents of Pagadian City.
Section 157. COLOR CODE. – There shall be a color scheme to be assigned by the
Motorized Tricycle Regulatory Unit (MTRU) and which shall be adopted to identify the
area of operation of the different motorized tricycles for-hire.
Section 158. BODY NUMBERS. – Motorized Tricycle For-Hire shall bear a body
number to be controlled by the RTMO.
The Motorized Tricycles Operators Permit (MTOP) Franchise Holder shall cause the
painting of the Motorized Tricycle Regulatory Board (MTRB) Body Number on the front,
rear and inside passenger cabin of the unit.
Section 159. – The following fees and charges shall be assessed and paid for new
applications or renewal of Motorized Tricycle Operators Permit:
a) Filing Fee, for every unit ......................................................P 300.00
b) Annual Supervision Fee, per unit .......................................... 100.00
c) Filing Fee for substitution of unit .......................................... 300.00
d) Filing Fee for dropping of unit/s ........................................... 300.00
e) Filing Fee for petition for increase of fare rate ...................... 150.00
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Section 161. – Subject to the formulation of tricycle routes under the public
transportation route plan, only motorized tricycles duly registered with the Motorized
Tricycle Regulatory Board (MTRB) of the City of Pagadian may be allowed to operate
within the routes and terminals as may allocated for motorized tricycles operations. The
number of motorized tricycles for-hire that may be allowed in each route shall be in
accordance with the Route Measured Capacity (RMC).
Section 162. – Identification Cards of drivers shall be issued by the Motorized
Tricycle Regulatory Unit (MTRU) at the cost and shall be displayed in a conspicuous place
inside the sidecar/cab.
Article 10 – Miscellaneous
Section 163. FARE MATRIX. – Subject to the approval of the Motorized Tricycles
Regulatory Board and the subsequent adoption of the fare rates by the Sangguniang
Panlungsod, a fare matrix shall be formulated for distribution to the individual motorized
tricycle for hire units upon payment of a fee to cover the cost of printing.
The Fare Matrix, being the basis for the collection of fare rates, must at all times
during the operation of the tricycle be posted in a conspicuous location within the cabin
for passenger’s reference.
Section 164. MANDATORY APPLICATION OF COLOR SCHEME AND OTHER
IDENTIFYING MARKS OR PRINTS. – Public motorized tricycles for-hire are not allowed to
operate without the prescribed color scheme, body number and other prints as provided
under this Chapter of the Code.
Section 165. TRANSFER OF ZONE OR AREA OF OPERATION. – An operator opting
to transfer to another zone or area of operation shall be allowed only upon application
for change of route and payment of the prescribed fee as provided in this Chapter and
approved by the Motorized Tricycles Regulatory Board.
Section 166. CONVEYANCE OF PASSENGERS OR CARGOES. – It shall be the duty
and obligation of public motorized tricycle for-hire to convey passengers and cargoes to
their respective destination within their allocated or designated route or area of operation.
Section 167. PASSENGER CAPACITY. – Tricycles may only be allowed to carry a
maximum number of five (5) passengers excluding the driver.
Section 168. BACKRIDERS. – No minors or women in skirts may be allowed to sit
as backrider of motorized tricycle for-hire under any circumstance.
Section 169. AREA OF OPERATION. – Motorized tricycle for-hire shall be allowed
to operate only within its assigned route or designated area of operation except in cases
of extreme emergencies involving the preservation of life and/or property.
Section 170. CAB DIMENSION. – All motorized tricycles for hire units that shall
operate in the city shall be of the following minimum measurements to be certified to be
operable within the territorial jurisdiction of Pagadian, to wit:
1) Seats: (minimum)
Length – 29 inches
width – 11 inches
height (from floor level) – 13 inches
2) Cab height (floor level to inside of roof) – 43 inches (minimum)
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trisikad is operated upon any roadway or upon any path set aside for the exclusive use
of such carriages, bicycles or trisikad.
Section 175. REGISTRATION. – All animal-drawn carriage, bicycles and trisikad
owned by residents of the City shall be registered with the RTMO for issuance of license
plates and upon payment of One Hundred (P100.00) Pesos to the City Treasurer’s Office.
No person, whether resident or not of the City, shall operate, ride or propel an
animal-drawn carriage, bicycle or trisikad on any street, highway, alley roadway, sidewalk
or upon any public path set aside for the exclusive use of carriages, bicycles or trisikad
unless such has been licensed and a license plate three (3”) inches by six (6”) inches in
size is attached thereto as provided herein.
Section 176. TRAFFIC LAWS APPLICABLE TO PERSONS RIDING BICYCLES OR
TRISIKAD. – The provisions of this Ordinance granting right to and imposing duties upon
a driver of a vehicle shall apply to every person operating an animal-drawn carriage,
bicycle or trisikad upon a roadway, except those provisions that by their very nature are
not applicable.
Section 177. RIDING BICYCLES OR TRISIKAD. – a) No person shall ride a bicycle
or trisikad which does not have a permanent and regular seat attached to it.
b) No bicycle or trisikad shall be used to carry at one time more persons than the number
for which it is designed and equipped.
c) No person shall ride a bicycle without having at least one hand on the handle bars.
d) Whenever a bicycle lane is provided, the rider of a bicycle shall use that bicycle lane.
e) No person shall ride a bicycle within two meters of the rear of a motor vehicle.
f) No person shall drive a trisikad on any national road.
Section 178. TOWING OF BICYCLES, ETC. – a) A person riding a bicycle shall not
attach himself to nor permit himself to be drawn by any other vehicle.
b) The driver of a vehicle shall not permit a person riding a bicycle to attach himself to
or be drawn by the vehicle.
Section 179. RIDING MORE THAN TWO ABREAST. – a) Except on a bicycle lane
where such is permitted by signs or other means, no person shall ride a bicycle so that it
is travelling abreast of more than one bicycle.
b) The preceding provision of this section shall not operate to prevent a cyclist from
overtaking and passing other persons riding bicycle abreast.
c) A bicycle shall be deemed to be abreast of another bicycle if any part of it by the side
of any part of the other.
Section 180. ROADS AND TRAFFIC PLANNING BOARD. – a) There shall be created
a Roads and Traffic Planning Board which shall be composed the following:
Chairman : The City Mayor
Members : 1) The City Engineer
2) The City Planning & Development Coordinator
3) The Chief of Police, Pagadian City Police Office
4) The City Legal Officer
5) Chairman, Committee on Public Utilities, Transportation,
Communications & Franchising, Sangguniang Panlungsod
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l) Recommend to the City Council the routing of common carriers operating in Pagadian
City in so far as it forms part of a comprehensive traffic management schemes;
m) Review and approve the annual work programs and budgets of the RTA;
n) Develop and prescribe rules and procedures for internal operation and management;
o) Submit to the Honorable City Mayor periodic and special reports relative to traffic
management activities;
p) Perform such other related functions as may be necessary to ensure the effective
planning and implementation of traffic management schemes;
q) The Board has the authority to summon persons/individuals or establishments in
matters pertaining its functions; and
r) The Board shall meet once a month or as often as necessary.
Section 182. SECRETARIAL SUPPORT TO THE BOARD. – The Administrative
Division of the Roads and Traffic Management Office shall serve as the Secretariat of the
Board.
Section 183. CREATION. – There is hereby created the Roads and Traffic
Management Office (RTMO) as a department in the Organizational Structure of the City
Government of Pagadian.
Section 184. FUNCTIONS. – The RTMO shall be solely vested with the power to
enforce and implement this Ordinance and such traffic management plans and programs
that may hereafter be drawn or prepared.
The RTMO shall have the following responsibilities:
1) Install and maintain the traffic signs, road markings and other traffic control devices;
2) Identify private roads that should be opened to improve overall circulation, and initiate
moves for the full or partial integration into the road network;
3) Collect traffic date and statistics such as vehicular counts, road layouts and
dimensions, etc;
4) Review request for road diggings, road constructions, temporary closures, parades,
and conduct of extraordinary events that would reduce road capacity;
5) Provide the technical and staff support to the Sangguniang Panlungsod in regulating
the operation of tricycles, pedicabs and other public conveyances within the
administrative jurisdiction of the city;
6) Coordinate with public transport operators in the provision or operation of facilities
like terminals and waiting areas;
7) Appear in the hearings of the Land Transportation Franchising and Regulatory Board
to ensure that the issuance of permits or certificates of public convenience are
consistent with the plans of the city;
8) Assign personnel to direct or control traffic at intersection and other locations requiring
such intervention;
9) Execute the enforcement component of any traffic scheme devised or conceived by
the Roads and Traffic Management Office and approved by the City Mayor;
10)Enforce applicable traffic rules and regulations, including apprehension and issuance
of traffic citation tickets to drivers found in violation of any provisions of this
Ordinance;
11)Conduct investigations on vehicular accidents that occur within the city;
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12)Coordinate with the Pagadian City Police Office, the barangay officials, traffic enforcers
and other affiliating agencies to harmonize personnel deployment and field operations
within the city;
13)Initiate the towing and/or clamping of vehicles obstructing or violating traffic;
14)Suggest changes in any traffic scheme, including provision of traffic signals;
15)Implement a local traffic education and road safety program;
16)Establish, operate, maintain and/or administer terminals, parking facilities, bicycle
paths, including collection of user fees and charges thereto;
17)Initiate or administer pedestrian districts or streets temporarily or permanently
withdrawn from vehicular use, including time allocation for use of roads other than
for vehicles;
18)Take custody of vehicles and articles impounded by virtue of this Code and secure the
same in the city impoundment area until released to their owners or lawful claimants,
or otherwise disposed in accordance with this Ordinance;
19)Provide administrative services to all the divisions of the office when exigency
demands;
20)Provide management information services, including the collection of accident data,
updating and maintenance of records, inventory of roads and traffic control devices;
21)Handle the paper work and documentation attendant to enforcement, such as the
processing of traffic citation tickets;
22)Conduct public information campaigns in support of any activities of the Department;
23)Conduct continuing traffic surveys and statistics gathering;
24)Propose rerouting, parking and other regulations to the authorities;
25)Conduct feasibility studies or traffic networks and system;
26)Conduct studies and propose engineering designs or intersection management;
27)Maintain and operate the traffic signals;
28)Provide the needed traffic signs and pavement markings within the jurisdiction of the
City of Pagadian;
29)Maintain the flow of vehicular traffic and enforce the traffic rules and regulations;
30)Expand, reduce, amend or modify the list of authorized on-street parking road
segments; One Way Streets; Right and Left areas or U-Turn slots from time to time
as it sees fit, subject to the pertinent provisions in this ordinance.
31)Conduct traffic education program and administer the dissemination of information
regarding traffic updates;
32)Propose ways and means for traffic revenue measures;
33)Absorb and exercise all functions related to transport safety, develop and provide
public parking, and undertake environmental protection activities such as anti-smoke
belching, noise pollution and other pertinent laws and ordinances.
34)Manage and control the use of public roads and pathways and the clearing of
obstructions of any form to ensure smooth flow of traffic.
35)Reroute traffic and close roads during emergencies and during fiesta, festivals,
holidays and on such other special occasions for a duration of not more than three
(3) days only.
35)Perform other tasks that may be assigned by the City Mayor and/or the Roads and
Traffic Management Board.
Section 185. CHIEF OF OFFICE. – The department shall be headed the Roads and
Traffic Management Officer (RTMO Chief) with the rank of City Government Department
Head I, Salary Grade 25:
a) Appointment to the position of Roads and Traffic Management Officer (RTMO Chief)
is Co-Terminus to the Appointing Officer;
b) Qualifications:
1) a resident and a registered voter of Pagadian City;
2) of good moral character;
3) a holder of a college degree from a recognized college or university preferably in
the field of engineering, urban planning, public administration or law and a first
grade civil service eligible or its equivalent;
c) Powers, duties and functions:
1) undertake the overall management and supervision of the whole bureau;
2) coordinate with other offices to ensure effective and efficient implementation of
traffic management measures;
3) interpret and implement traffic management policies and to formulate plans and
design standards;
4) review and submit for approval the annual budget of the bureau.
Section 186. PERSONNEL. – The department shall be composed of the following
divisions with distinct duties and responsibilities and the following manpower
complement:
a) Administrative Services Division:
1) One (1) Administrative Officer III, Salary Grade 18 (Division Chief)
2) One (1) Records Officer II, Salary Grade 14
3) One (1) Computer Operator II, Salary Grade 8
4) One (1) Supply Officer II, Salary Grade 14
5) One (1) Administrative Aide (Clerk I), Salary Grade 3
6) One (1) Messenger, Salary Grade 2
7) One (1) Driver I, Salary Grade 3
8) One (1) Utility Worker II, Salary Grade 3
b) Traffic Engineering Division:
1) One (1) Engineer IV, Salary Grade 22 (Division Chief)
Traffic Signal Control/Signage & Pavement Markings Section:
2) One (1) Engineer II, Salary Grade 16
3) One (1) Electronics & Communication Equipment Technician II, Salary Grade 18
4) One (1) Draftsman II, Salary Grade 8
5) One (1) Painter I, Salary Grade 3
6) One (1) Welder I, Salary Grade 1
7) One (1) Carpenter I, Salary Grade 3
8) 2 – Laborer I, Salary Grade 1
Transport Technical Section:
9) One (1) Engineer II, Salary Grade 16
10)One (1) Statistician I, Salary Grade 15
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8) To provide radio communication support and assistance to the field personnel and
coordinate with concerned national and local agencies/offices in emergency
situations;
9) To undertake inspection of motor vehicles and report violations against anti-
pollution laws and ordinances;
10)To take charge of the vehicle impounding area and establish a detailed record of
all apprehended vehicles that are impounded and/or released from the impounding
area;
11)To take charge of the operation and maintenance of the towing equipment and in
the hauling/tugging of apprehended and/or stalled vehicles;
12)To monitor the proper utilization of the designated pay parking areas; and collects
the prescribed parking fees and issue the corresponding cash tickets or receipts.
13)To apprehend jaywalkers and issue citation tickets for the violation, and/or turn-
over protesting violators to the Division for subsequent action.
14)To regularly submit reports of violations and statements of collections from fines
and impositions to the RTMO Chief.
15)To keep records of all vehicles operating in the City which shall include the name
of registered owners, users and addresses and other information relating to the
physical identification of the motor vehicle;
16)To cause the issuance of traffic citation tickets and penal summons to violators of
any Ordinance and other ordinances relating to traffic rules and regulations; and
17)To cause the filing of a complaint or information and secure the issuance of
warrant of arrest against violators who fail and ignore Citation Tickets or Penal
Summons.
Section 189. TRANSFER OF THE MOTORIZED TRICYCLES REGULATORY UNIT. –
The Motorized Tricycles Regulatory Unit, its duties, functions and personnel shall, by this
Code, be transferred to the Administrative Division as a section therein.
4) at least second year college or the equivalent of seventy-two (72) collegiate units
or an equivalent training or experience;
5) have not been dishonorably discharge from military or police employment or
dismissed for cause from any civilian position in the Government;
6) have not been convicted by final judgment of an offense or crime involving moral
turpitude;
7) at least one meter and sixty-two centimeters (1.62 m) in height for male and one
meter and fifty-seven centimeters (1.57 m) for female;
8) weighs not more than five (5) kilograms of the standard weight corresponding to
his/her height, age and sex;
9) new applicant must at least be twenty-one (21) but not more than thirty (30) years
of age; and
10)must pass drug testing in an LTO/DOH accredited drug testing center.
b) There shall be no waiver on the minimum qualifications. The same, however, shall not
apply to Traffic Enforcers already employed prior to the approval of this Code.
Section 192. OATH OF OFFICE. – In addition to existing requirements imposed by
the City Government and the Civil Service rules and regulations, no traffic enforcer shall
be hired unless he/she faithfully executes an Oath of Office.
The Roads and Traffic Administration Chief is hereby tasked to prepare the Oath
of Office, which shall contain the following phrases, among others:
“I will love and serve GOD, my country and people;
I will uphold the Constitution and obey legal orders of the duly
constituted authorities;
I will oblige myself to maintain a high standard of morality and professionalism;
I will respect the customs and traditions of the traffic enforcement service; and
I will live a decent and virtuous life to serve as an example to others.”
Article 1 — Apprehension
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which shall conduct investigation and hearing, and render decision thereof. The said
Board shall also take jurisdiction on complaints against abusive traffic enforcers and
cases of traffic enforcers accepting bribes or drivers offering bribes by conducting
preliminary hearing of said cases and recommend appropriate administrative or
criminal action to the City Legal Officer.
Section 195. WHEN COMPLAINT TO BE ISSUED. – In the event the person who
was issued a Citation Ticket fails to pay the traffic fine stated in the Citation Ticket at the
Office of the City Treasurer nor render community service in lieu of payment of
administrative fine as provided under this Ordinance within seventy-two (72) hours from
time of issuance of the citation ticket, the RTMO shall immediately file a complaint against
such person before the courts.
Aside from filing of the appropriate action before the Court, the following
administrative remedies for enforcement shall be undertaken:
a) For driving-related violations, the RTMO shall communicate with the Land
Transportation Office to hold in abeyance the renewal of driver’s license or the renewal
of the vehicle’s registration until clearance has been obtained from the City;
b) For other violations, the Permits and Licenses Division, Office of the City Mayor shall
immediately request for cancellation of the permit and the issuance of closure order
from the City Mayor. In the event that the owner of the thing or object causing the
obstruction on the sidewalk or city streets could not be determined, the RTMO shall
cause its removal or impoundment.
c) Where the violator is not the driver, a written notice or citation to the offending party
shall be issued by the deputized traffic enforcer.
Section 201. WEIGHTS AND LOAD LIMITS. – The herein list of fines and penalties
shall be imposed for this particular nature of infractions, to wit:
Types/Kinds of Violations Fine
a) Allowing load in excess of its carrying capacity ......................... P 500.00
b) Baggage/freight carried on top of truck exceeds
20 kgs/sqm and not distributed properly ................................ 500.00
c) Load extended beyond projected width without permit ............. 500.00
d) Overloading ........................................................................... 500.00
e) Total weight of cargo carrying device or passenger
truck in excess of 100 kilos ................................................... 500.00
f) Unsafe load ............................................................................. 500.00
g) Loads not properly secured ..................................................... 500.00
h) No permit to move equipment and/or load of
excessive weight, width or height ......................................... 500.00
Section 202. PROHIBITED OR ILLEGAL OPERATION. – The herein list of fines and
penalties shall be imposed for this particular nature of infractions, to wit:
Types/Kinds of Violations Fine
a) Colorum operation .................................................................. P 1,500.00
b) Colorum operation or private use despite suspended CR ............ 1,500.00
Section 204. PARKING VIOLATIONS. – The herein list of fines and penalties shall
be imposed for this particular nature of infractions, to wit:
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Section 205. OTHER VIOLATIONS. – The herein list of fines and penalties shall be
imposed for this particular nature of infractions, to wit:
Types/Kinds of Violations Fine
a) Allowing a passenger to ride on top or on the
cover of a vehicle .................................................................. P 500.00
b) Arrogance or discourtesy ........................................................ 500.00
c) Blocking an intersection or free turn right lane500.00
d) Cutting an overtaken vehicle ................................................... 500.00
e) Disregarding traffic officer ....................................................... 500.00
f) Disregarding traffic signs ........................................................ 500.00
g) Disregarding traffic control signals ............................................ 500.00
h) Driver operating motor vehicle without turning on
headlights during night time ................................................. 500.00
i) Driving against traffic ............................................................. 500.00
j) Driving or parking in a place not designed for
parking/driving (i.e. sidewalks, alleys, etc.) ............................ 500.00
k) Driving while under the influence of liquor or
prohibited drugs .................................................................. 5,000.00
l) Failure to come to a complete stop on a through highway
or stop intersection .............................................................. 500.00
m) Failure to come to a complete stop on a through
street or railroad crossing ..................................................... 500.00
n) Failure to dim headlights ........................................................ 500.00
o) Failure to give proper turn/stop signals .................................... 500.00
p) Failure to give way to an overtaking vehicle ............................. 500.00
q) Failure to give way to police, fire department
vehicles or ambulances ........................................................ 1,000.00
r) Failure to stop motor vehicle and apply handbrake
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The form shall be signed by the RTMO Chief and the apprehended driver. The
driver shall be accompanied and entrusted together with the Community Service Form to
the City General Services Officer who shall determine the nature of the required
community service as mentioned herein, the location and the specific date and hour when
he/she will commence doing community service, which shall be within twenty-four (24)
hours from the time he/she reported to the City General Services Officer.
After the apprehended driver completes the required community service, the City
General Services Officer or the RTMO Chief, in case the required community service is
traffic enforcement, shall issue a certification to this effect. The said Certification shall be
submitted put on file to form part of the record of violations of the said driver.
Section 207. RECIDIVISM. – a) When a motor vehicle driver has committed at least
three (3) traffic violations of the same nature, the RTMO may recommend to the Land
Transportation Office the suspension or cancellation of their driver’s license.
b) In cases where a public utility vehicle has been registered and recorded to have been
involved in the commission of at least three (3) traffic violations cumulatively by either
one or more drivers for the period of one (1) month, the RTMO may:
1) recommend to the Land Transportation Franchising and Regulatory Board the
suspension or cancellation of the franchise of the subject unit, for passenger
jeepneys and buses.
2) for motorized tricycles for hire, recommend to the Motorized Tricycles Regulatory
Board of Pagadian City the cancellation of the franchise of the unit.
In addition, no Mayor’s Permit as required under Pagadian City Revenue Code shall
be issued for the operation of such vehicle in the City.
Section 208. JUDICIAL PENALTY. – In the event the person who was issued citation
ticket fails to pay the traffic fine stated in the citation ticket at the office of the Treasurer,
or to not render community service in lieu of payment of administrative fine as provided
under this Ordinance, within seventy-two (72) hours from time of issuance of the citation
ticket, the RTMO with the assistance of the City Legal Officer shall immediately file a
complaint against such person before the courts, and if found guilty of the offenses shall
be penalized with a fine of not less than P3,000.00 but not more than P5,000.00 or
imprisonment of not less than eight (8) months but not more than one (1) year, or both
such fine and imprisonment at the discretion of the court.
Section 209. USE OF WHEEL CLAMP. – The use of wheel clamp or tire lock to
immobilize illegally parked and unattended vehicles in any street or area designated as
“no parking”, or "clamping area", shall hereby be authorized.
Section 210. RECORDS. – The wheel clamp or tire lock must be duly recorded,
numbered or coded and shall bear the seal of the City of Pagadian.
Section 212. CLAMPING UNIT. – Within one month from approval of this ordinance
a Clamping Unit shall be created under the supervision of RTMO to ensure that clamping
activities are carried out efficiently and effectively.
2) Twenty percent (20%) shall accrue to the Municipal Trial Court in Cities, Pagadian
City, as the city’s financial support thereto for acquisition of equipment necessary
for its operations.
3) In case the arrest was made by a city policeman, forty percent (40%) shall accrue
to the Pagadian City Police Office, as the city’s financial support thereto for its
operational funds to special activities/operations, honorarium, and for the
acquisition of equipment, supplies, repair of police vehicles, improvement of police
buildings, for schooling/training of its members and for medical assistance to
policemen wounded while on duty, among others.
4) In case the arrest was made by a member of the traffic enforcement unit, forty
percent (40%) shall accrue to the office and shall form part of the operating fund
of the department that shall be used for the provision of life, accident and health
insurance of all personnel of the department and for the upgrading the office’s
equipment or facilities.
5) In case the arrest was made by a member of the Barangay Police, elected
barangay official, traffic enforcer and deputized private individual traffic enforcer,
forty percent (40%) shall accrue to the Barangay to form part of its fund for the
implementation of Barangay Public Safety Programs.
Article 3 — Appropriation
the jeepney routes established under this code shall be required to the favorable
recommendation of the City Mayor.
Section 222. TRANSFER OF DIRECT SUPERVISION AND CONTROL OVER
PERSONNEL CURRENTLY PERFORMING FUNCTIONS RELATED TO PROVISIONS OF THIS
CODE. – Upon approval of this Code and the constitution of the department, the Traffic
Enforcement Section and the Motorized Regulatory Section under the Office of the City
Mayor and all its personnel shall be transferred to the Roads and Traffic Management
Office including the direct supervision and control over them.
Section 223. MISCELLANEOUS. – Notwithstanding the provisions of this Code,
other existing Ordinances and laws to the contrary, the City Mayor is hereby given full
power and authority to issue Executive Orders, rules and regulations appurtenant hereto
with the end in view of making this Ordinance truly reflective of the ideals of good
governance, especially in regulating the use and enjoyment of city streets.
Section 224. SEPARABILITY CLAUSE. – If for any reason, any section or provision
of this Ordinance is declared illegal or unconstitutional, other sections or provisions
hereof, which are not affected thereby shall continue to be in full force and effect.
Section 225. REPEALING CLAUSE. – All previous issuances, ordinances,
resolutions, rules and regulations or parts thereof, which are inconsistent or in conflict
with the provisions of this Code are hereby repealed or modified accordingly.
Section 226. EFFECTIVITY CLAUSE.– This Ordinance shall take effect after fifteen
(15) days following its approval and publication.
TROY B. ASUGAS
Chairman Pro-Tempore, Presiding
Verified:
Attested:
JEREMIAS H. SALDUA
Secretary to the Sanggunian
Approved:
ROMEO P. PULMONES
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City Mayor
Date: ______________________