Republic of the Philippines

Provincial Government of Palawan

PROVINCIAL LEGAL OFFICE
3F RVM, Jr. Memorial Building, Capitol Complex
Puerto Princesa City

2nd ENDORSEMENT
PLO No. SP 2018-093
June 19, 2018

Respectfully returned to ANGELA RODRIGUEZ-PEÑA, Secretary to the Sanggunian, Office of

the Sangguniang Panlalawigan, the herein Ordinance No. 2018-02 of the Municipality of
Brooke’s Point, Palawan entitled “AN ORDINANCE AMENDING ORDINANCE NO. 2000-
04 ENTITLED “AN ORDINANCE REGULATING TRAFFIC RULES WITHIN THE
MUNICIPALITY OF BROOKE’S POINT”, with the following comments/opinions, to wit:

The Local Government Code (LGC) of 1991 confers authority to Sangguniang Bayan to regulate
traffic rules and regulations within its territorial jurisdiction. The Code expressly provides under
its Section 447 (a)(1)(iii) and (a)(5)(v)(vi), viz.:

“Section 447. Powers, Duties, Functions and Compensation. –

(a) The sangguniang bayan, as the legislative body of the municipality, shall enact ordinances,
approve resolutions and appropriate funds for the general welfare of the municipality and its
inhabitants pursuant to Section 16 of this Code and in the proper exercise of the corporate
powers of the municipality as provided for under Section 22 of this Code, and shall:

(1) Approve ordinances and pass resolutions necessary for an efficient and effective
municipal government, and in this connection shall:

(iii) Approve ordinances imposing a fine not exceeding Two thousand five
hundred pesos (P2,500.00) or an imprisonment for a period not exceeding six
(6) months, or both in the discretion of the court, for the violation of a
municipal ordinance;

(5) Approve ordinances which shall ensure the efficient and effective delivery of the basic
services and facilities as provided for under Section 17 of this Code, and in addition to
said services and facilities, shall:

(v) Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and
other public places and approve the construction, improvement, repair and
maintenance of the same; establish bus and vehicle stops and terminals or
regulate the use of the same by privately-owned vehicles which serve the
public; regulate garages and the operation of conveyances for hire; designate
stands to be occupied by public vehicles when not in use; regulate the putting
up of signs, signposts, awnings and awning posts on the streets; provide for
the lighting, cleaning and sprinkling of streets and public places;

(vi) Regulate traffic on all streets and bridges, prohibit the putting up of
encroachments or obstacles thereon, and, when necessary in the interest of
public welfare, authorize the removal of encroachments and illegal
constructions in public places;”

However, the authority of the Sangguniang Bayan in the above cited provisions is not absolute.
All traffic rules and regulations crafted by the Sangguniang Bayan must be compliant with
Republic Act No. 4136 or the “Land Transportation and Traffic Code of the Philippines”. Its
Section 62 prohibits, viz.:

“Section 62. No provincial board, city or municipal board or council shall enact or enforce any
ordinance or resolution in conflict with the provisions of this Act, or prohibiting any deputy or
agent of the Commission to enforce this Act within their respective territorial jurisdiction and the
provisions of any charter to the contrary notwithstanding.”

Upon careful review of the herein amendatory ordinance, it appears that some of its provisions
are not compliant with RA 4136.

The speed limit of 35 Kph entering the Poblacion, from the intersection of Brooke’s Point-
Bataraza or vice versa is contrary to the speed limit set forth under Sections 35 and 36 of RA
4136. It provides, viz.:
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 “Section 35. Restriction as to speed. -

(a) Any person driving a motor vehicle on a highway shall drive the same at a careful and prudent
speed, not greater nor less than is reasonable and proper, having due regard for the traffic, the width
of the highway, and of any other condition then and there existing; and no person shall drive any
motor vehicle upon a highway at such a speed as to endanger the life, limb and property of any
person, nor at a speed greater than will permit him to bring the vehicle to a stop within the assured
clear distance ahead.

(b) Subject to the provisions of the preceding paragraph, the rate of speed of any motor vehicle
shall not exceed the following:
(c)

MAXIMUM ALLOWABLE Passengers Motor trucks and

SPEEDS Cars and Motorcycle buses

1. On open country roads, with 80 km. per hour 50 km. per hour
no "blinds corners" not closely
bordered by habitations.

2. On "through streets" or 40 km. per hour 30 km. per hour

boulevards, clear of traffic, with
no " blind corners," when so
designated.

3. On city and municipal streets, 30 km. per hour 30 km. per hour
with light traffic, when not
designated "through streets".

4. Through crowded streets, 20 km. per hour 20 km. per hour

approaching intersections at
"blind corners," passing school
zones, passing other vehicles
which are stationery, or for
similar dangerous circumstances.

Section 36. Speed limits uniform throughout the Philippines. - No provincial, city or municipal
authority shall enact or enforce any ordinance or resolution specifying maximum allowable speeds
other than those provided in this Act.”

Under Section 73 of DOTC-LTO Memorandum Circular No. 89-105, which was updated on
April 10, 2017, enumerates the impoundable violations, to wit:

 Unregistered/Improperly registered/delinquent or invalid registration

 Unregistered substitute or replacement motor, vehicle engine, engine
block or chassis
 Unauthorized change of color or configuration
 Operating, allowing the operation of a motor vehicle with a suspended
or revoked Certificate of Registration
 Using license plates different from the body number
 Illegal Transfer of plates, tags, or stickers
 Violations involving absence of required parts, accessories or devices or
defective parts, accessories or devices which pose danger to the public
 Authorized route not properly painted
 Unauthorized/improvised number plates
 Failure to paint on vehicle business or trade name
 Failure to paint required markings
 No body number for Public Utility Vehicle (PUV)
 Using radio or stereo in violation of existing regulation or without the
necessary permit, or in breach of the condition in permit regulation.
 Installation of jalousies, curtains, dim colored lights, strobe lights, dancing
lights or similar lights, colored tinted or painted windshield on window glass on
"for hire" vehicles
 Driving without a license plate
 Fake drivers license/ Ordinance Violation Receipt (OVR)
  Fake sticker
 Fake license plate
 Fake Official Receipt and Certificate of Registration
 Tampered documents pertaining to franchising, registration and licensing
 Failure to present any document regarding motor vehicle ATTA
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  Breach of Franchise Conditions
 Improper use of drivers license
 Expired drivers license
 Expired Traffic Violation Receipt
 PUV

In addition, the following violations shall also cause the impounding of the motor vehicle: 

 Driving without a license plate

 Fake drivers license/TVR
 Fake sticker
 Fake license plate
 Fake Official Receipt and Certificate of Registration
 Tampered documents pertaining to franchising, registration and licensing
 Failure to present any document regarding motor vehicle ATTA
 Breach of Franchise Conditions
 Improper use of drivers license
 Expired drivers license
 Expired Traffic Violation Receipt
 Involved in Accidents
 Illegally Parked

The proceeds of the fine imposed on the subject ordinance which is 40% share for the deputized
apprehending officer cannot be enforced based on COA Circular No. 2013-003. In one instance,
the COA has disallowed the granting of incentives sourced from traffic fines to traffic officials
and enforcers of the Metro Manila Development Authority, saying this has no legal basis.1

COA Circular No. 2013-003 was issued to ensure that all payments or allowances, incentives,
and other benefits to all officials and employees of LGUs shall be based on and conform strictly
to laws, rules and regulations granting or authorizing such payments. Hence, it is reiterated that,
all such payments without legal basis shall be disallowed in audit by the Commission.

The ordinance imposes a fine of Three Hundred Pesos (P300.00) for its violation. For criminal
prosecution in violation of an ordinance, we recommend that the particular acts sought to be
penalized must be identified with particularity.
Please be reminded of the DOTr-DILG Joint Memorandum Circular (JMC) No. 001, series of
2017 dated June 19, 2017 which prescribes the guidelines on the preparation and issuance of
local ordinances, orders, rules and regulations concerning the local public transport route plan
(LPTRP). Section 5 and 6 of the said JMC provides, viz.:

1
  ? http://newsinfo.inquirer.net/84535/traffic-aides-not-entitled-to-share-of-fines%e2%80%94coa#ixzz5MKZAmVbg 
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Further, an ordinance having penal sanctions must be posted and published as mandated under
Section 511 of the LGC, viz.:
“Section 511. Posting and Publication of Ordinances with Penal Sanctions.

(a) Ordinances with penal sanctions shall be posted at prominent places in the provincial
capitol, city, municipal or barangay hall, as the case may be, for a minimum period of three
(3) consecutive weeks. Such ordinances shall also be published in a newspaper of general
circulation, where available, within the territorial jurisdiction of the local government unit
concerned, except in the case of barangay ordinances. Unless otherwise provided therein,
said ordinances shall take effect on the day following its publication, or at the end of the
period of posting, whichever occurs later.”

In view of the foregoing, the subject ordinance appears to be valid and well within the power of
the Sangguniang Bayan of Brooke’s Point to enact, but all of the provisions not compliant with
RA 4136 must be modified. All matters concerning public funds in the ordinance must be in
accordance with all existing accounting and auditing rules and regulations.

Respectfully submitted.

ATTY. MAE JOYCE M. ANJALIN

Attorney IV

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