EXECUTIVE ORDER NO.

17-2011

Republic of the Philippines

Province of Bulacan
City of Malolos

Office of the City Mayor

EXECUTIVE ORDER NO. 17-2011

AN ORDER CREATING THE CITY OF MALOLOS TRAFFIC MANAGEMENT TASK
FORCE
WHEREAS, Municipal Ordinance No. 15-2001 being
recognized as the traffic code of the Municipality of Malolos
also provides for the creation of traffic management and
Tricycles Regulatory Office (TMTRO) to effectively implement the
provision of such ordinance
WHEREAS, for the operation of tricycle and pedicab,
also included in Municipal Ordinance No. 15-2001 is the creation
of the Municipal Tricycle and Pedicab Franchising Regulatory
Board (MTPFRB)
WHEREAS, part of the power and function of MTPFRB is
to assure that the operators and drivers of tricycle and pedicab
complied with all the rules provided in the ordinance
WHEREAS, the plantilla position of Traffic
Management and Tricycle Regulatory Office or TMTRO as indicated
in the ordinance were not being implemented and that the
functions were not being applied and carried out which resulted
to ineffective management.
WHEREAS, due to the existing number of transport
services and base on the fact there is in need to ensure the
effective implementation of Municipal Ordinance No. 15-2001 and
need to cope with and support the duties, function and
responsibilities of the TMTRO
WHEREAS, the MTPFRB is the policy making body of the
transport sector and has no power to appoint the needed
personnel to implement the policy approved;
 WHEREAS, Chapter 3 Article One Section 455 (b) (2)
(iii) of the Local Government Code states that the City Mayor as
the part of the power and for efficient and effective governance
and enforcement of of laws and ordinance shall issue executive
orders for the faithful and appropriate enforcement and
execution of laws and ordinance.
NOW THEREFORE, I, ATTY. CHRISTIAN D. NATIVIDAD, City
Mayor of Malolos, by virtue of the powers vested in me by law,
do hereby order the creation of Traffic Management Task Forcee.
Section I. BAC COMPOSITION
Members of the Municipal Tricycle-Pedicab
EXECUTIVE COMMITTEE
Franchising and Regulatory Board (MTPFRB)
Committee on Enforcement
JONATHAN VILORIA
TEAM LEADER
Traffic Management Office
DESIGNATED SUPERVISOR
MEMBERS
Traffic Enforcer
NICANOR DR. SANTOS
City Administrators Office
BERNARD ABLAZA
CA Office, Tricycle Franchising
__________________________
City Treasurer
MANUEL DE BELEN
TOMAS RAMOS
Barangay Affairs Bureau
MR. RUBEN SAKAY
MTPFRB-FETODAMBI
MR. SERAFIN BOGNOT
MTPFRB-FETODAMBI
Section II. Duties and Function (Enforcement Committee)
1. Monitor the operation of tricycle and other PUV and verify the
validity of franchise, permit and registration issued by the
City Government;
2. Conduct random inspection and verify the legality of parking and
terminal utilized by the transport group or association.
3. Prepare and submit recommendation to the Executive Committee
(MTPFRB) on the programs and schemes that may be implemented as
a result of monitoring and inspection conducted for the
development of traffic situation in the City of Malolos
4. Advise all illegal operators and drivers on the provision of
laws and ordinances being implemented and assist them on how to
apply for the legality of operation if possible depends on the
availability of franchised issue
5. Refer to competent authority or issue TCT/TVR to operators,
drivers, and group/organization who committed violation provided
in Municipal Ordinance 15-2001
6. Manage towing and impoundment of illegally parked vehicles and
vehicle with drivers committed violation in the same penalty:
and
7. Perform such other duties as may be assigned from time to time
by the MTPFRB
Section III. Meetings
The Task Force shall meet every Friday of the week
at any given time to be set by the team leader
Section IV. EFFECTIVITY
This Executive Order shall take effect immediately..
Done this 26th day of October 2011, in the City of Malolos,
Bulacan.

ATTY.CHRISTIAN D. NATIVIDAD
City Mayor
ORDINANCE NO. 12-02 AN ORDINANCE CREATING THE SAN CARLOS CITY
TRAFFIC MANAGEMENT AUTHORITY AND ITS COMPONENT UNITS AND
PROVIDING FUNDS THEREOF Introduced by Hons. ANTONIO, CARMONA and
UY BE IT ENACTED by the Sangguniang Panlungsod of the City of
San Carlos, Negros Occidental, that:

SECTION 1. SHORT TITLE. -This Ordinance shall be known as the

SAN CARLOS CITY TRAFFIC MANAGEMENT AUTHORITY of 2012.

SEC. 2. Definition of Terms: Traffic refers to the movement

of vehicles-motor-driven, man-driven or animal-drawn as well as
movement of pedestrians on the streets, roadways and highways of
the City of San Carlos. Traffic Enforcers uniformed civilian
agents hired by the City of San Carlos, and duly deputized by
the Local Chief Executive charged with the duty of regulating
and directing traffic and implementing all City Traffic Laws and
Ordinances. Traffic Violator for purposes of this Ordinance
shall mean any person who violates any traffic law or ordinance
of the City of San Carlos. Authority as used in this Ordinance
shall mean the San Carlos City Traffic Management Authority.
Volunteer Traffic Enforcement Group refers to civilians who
render voluntary service under the Traffic Management Authority
to direct and control traffic and to assist in the enforcement
of traffic laws and ordinances without remuneration. LTO Land
Transportation Office

SEC. 3. CREATION OF THE SAN CARLOS CITY TRAFFIC MANAGEMENT

AUTHORITY. A special body known as the San Carlos City Traffic
Management Authority that shall manage control and oversee the
implementation of the Traffic Laws and Ordinances of the City of
San Carlos and which shall be under the Office of the City
Mayor, is hereby created.

SEC. 4. MEMBERSHIP. The SAN CARLOS CITY TRAFFIC MANAGEMENT

AUTHORITY shall be composed of the CITY Mayor as Chairman, the
City Vice-Mayor, as Vice-Chairman, and Ten (10) members as
follows: a. Chairman, Cmte. on Police Matters, Fire Protection &
Penology b. Chairman, Cmte. on Public Utilities and Integrated
Land Transport Terminal c. Chief, LTO San Carlos City d. Chief
of Police e. Chief, Traffic Division, San Carlos City PNP f.
City Engineer g. City Legal Officer h. City Prosecutor i. City
Planning Development Officer j. City Government Dept. Head I,
Public Market & Slaughterhouse Department k. Two members who
shall be appointed by the City Mayor and who shall be as
follows: One representative from the Education Sector One
representative from the Business Sector

SEC. 5. COMPONENT TRAFFIC ENFORCEMENT UNITS The traffic

enforcement units under the Traffic Management Authority shall
be the following: a. Local Traffic Division of the Philippine
National Police (PNP) b. Traffic Enforcers c. Volunteer Traffic
Enforcement Groups

SEC. 6. POWERS, DUTIES AND FUNCTIONS OF THE TRAFFIC MANAGEMENT

AUTHORITY. The primary role for the Traffic Management
Authority shall be to supervise, manage, control and coordinate
all government instrumentalities whose functions are related to
the implementation and enforcement of all City Traffic Laws and
Ordinance, Rules and Regulations. Its powers, duties and
functions are as follows: a. To recommend to the Local Chief
Executive the hiring of Traffic Enforcers for the purpose of
directing and regulating traffic, implementing and enforcing
City Traffic Ordinances, Rules and Regulation in order to ensure
a smooth, safe and orderly flow of traffic; b. It shall have
supervision and control over the Traffic Enforcers and all other
Law Enforcement Units that are assigned as components of the
Traffic Management Authority; c. To monitor and evaluate the
planning and implementation of traffic management plans and
programs in coordination with other line agencies in the City of
San Carlos; d. To review and submit to the Sangguniang
Panlungsod for approval all traffic engineering and management
schemes; e. To establish implementing guidelines rules and
regulations, for the implementation of the provisions of this
ordinance; f. To conduct traffic experiments, studies and
researches relative to the use of roadways, streets and
highways; g. To perform such other related functions as may be
necessary to ensure the effective planning and implementation of
traffic management schemes; h. In fulfillment of their
functions, the authority may organize committees among
themselves as the need arises; i. To create and implement
guidelines for the selection and hiring of Traffic Enforcers
subject to the approval of the City Mayor. shall have
disciplinary powers over the Traffic Enforcers; j. To supervise
and manage training and education seminars of Traffic Enforcers
and to conduct regular seminars for traffic violators; k. The
Authority may through the Local Chief Executive hire Technical
personnel on contract basis as the exigencies of the service may
require; l. To recommend to the City Mayor the deputation of
volunteer Traffic Enforcement Groups for traffic duty as
exigency to public service may require; m. Perform other related
functions as may be necessary to ensure the effective and proper
implementation of traffic management schemes;

SEC. 7. POWERS, DUTIES AND RESPONSIBILITIES OF THE TRAFFIC

ENFORCERS. For the purpose of the proper and legal
implementation and enforcement of the City Traffic Laws and
Ordinances, rules and regulations the Traffic Enforcers who
shall be deputized thru an Executive Order of the Local Chief
Executive as Traffic Enforcers shall have the following powers,
duties and responsibilities: 1. To apprehend all violators of
the existing City Traffic Laws and Ordinances, Rules and
Regulations and perform such other traffic-related duties as
delegated by the Local Chief Executive and as deputized by the
Land Transportation Office (LTO) to act as their deputized
agents. 2. To issue Traffic Citation Tickets to the traffic
violators of City Ordinances, Rules and Regulations and in this
case shall not confiscate his drivers license. However when
duly deputized by the Land Transportation Office (LTO) the
Traffic enforcer shall have the power to confiscate the drivers
licenses of traffic violators of National Traffic Laws and issue
to the same a temporary operators permit issued in an
accountable form by the Land Transportation Office (LTO). 3. To
assist Traffic Investigation of all traffic and vehicular
accidents under the supervision of the Chief of Police, Chief
Traffic Division or their authorized representatives.

SEC. 8. ESTABLISHMENT OF OFFICE. The Traffic Management

Authority shall have an office staffed with competent personnel
in order to perform its functions, funds for which shall be
taken from the Office of the City Mayor.

SEC. 9. FUNDING. -The amount of =P=200,000.00 shall be

appropriated out of the funds of the city government to fund the
operation of the San Carlos City Traffic Management Authority as
mandated in this Ordinance and which shall be included in the
annual or supplemental budget of the city government.

SEC. 10. REPEALING CLAUSE. All other ordinances other rules

and regulations or parts thereof which are inconsistent with any
of the provisions of this ordinance and all other special bodies
with functions related to the enforcement and implementation of
the City Traffic Laws and Ordinances in the City are hereby
deemed repealed, modified or dissolved accordingly.

SEC. 11. EFFECTIVITY. This ordinance shall take effect

immediately upon its approval. ENACTED: February 23, 2012, by
the affirmative votes of Hons. DEBULGADO, CARMONA, MAISOG,
ANTONIO, SANTILLAN, CABILI, MASCUANA, APUHIN, YU, UY, CUI and
LAMBAYONG. Negative: None.

Davao City Executive Order No. 39

Executive Order No. 39 Series of 2013

AN ORDER SETTING THE SPEED LIMITS FOR ALL KINDS OF MOTOR

VEHICLES WITHIN THE TERRITORIAL JURISDICTION OF DAVAO CITY,
PROVIDING FOR ITS SANCTIONS, AND FOR OTHER PURPOSES

Whereas, Republic Act No. 4136 otherwise known as the "Land

Transportation and Traffic Code" signed into law on June 20,
1964, is the governing traffic law of the Philippines, embodying
therein, among others, the speed limits on all highways, which
limits were subsequently incorporated in Davao City's Ordinance
No. 778 Series of 1973, known as the "Revised Traffic Ordinance
of the City of Davao";

Whereas, notwithstanding vigorous implementation by appropriate

law enforcement agencies of existing traffic laws, there has
been an alarming steady increase in traffic accidents on the
highways, thoroughfares, streets, and roads of Davao City
primarily caused by over speeding and reckless driving, with
motorists perennially ignoring lawful speed limits;

Whereas, it is observed that the existing traffic laws as above-

cited are outdated, and to a great extent, no longer suited or
responsive to the current traffic situation in the city due to
various factors resulting from rapid urbanization;

Whereas, in the interest of public safety and order, there is an

imperative need for the city government to immediately address
this serious concern through a renewed vigor of regulation as
well as the adoption of local measures responsive to the current
situation with a view of reasonably and effectively obviating
traffic accidents resulting from over speeding and reckless
driving;

Whereas, Republic Act No. 7160 grants local government units the
power to regulate traffic on all streets and bridges within
their territorial boundaries, and to enact such measures that
will enhance the public health, safety, convenience, maintain
peace and order, and promote the general prosperity of its
inhabitants;

Whereas, a local measure providing for speed limit must be

anchored on the basic precept outline on Section 35 of RA 4136,
which states that: 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, not at a
speed greater than will permit him to bring the vehicle to a
stop within the assured clear distance ahead;

Whereas, prior to the passage of a local ordinance, there is an

indispensable need to conduct an experimental traffic scheme
aimed at arriving at the most appropriate speed limit which will
effectively address the current traffic situation prevailing in
the city;

NOW, THEREFORE, I, RODRIGO R. DUTERTE, Mayor of Davao City, by

virtue of the powers vested in me by law, do hereby order:

Section 1. The rate of speed for all types of motor vehicles

whithin the territorial boundaries of Davao City, shall not
exceed the following:
Section 2. Lead and Support Agencies. - The Traffic Management
Center (TMC), together with the Traffic Group - DCPO, Land
Transportation Office (LTO-Davao City) and the Highway Patrol
Group (HPG-PNP-Davao City), in the discharge of their official
functions, shall serve, as the lead agencies in implementing
this Order. The Land Transportation Franchising Regulatory Board
(LTFRB-Davao City) and the Department of Public Works and
Highways (DPWH-Davao City) are hereby enjoined to give their
full support, assistance, and cooperation in the course of the
implementation of the provisions of this ORder.

Section 3. Traffic Signs. The Traffic Management Center (TMC) is

hereby directed to provide appropriate traffic signs indicating
the speed limits on all affected highways, streets, roads within
the city;

Section 4. Sanctions. Violators shall, if warranted, be

subjected to arrest and their vehicle impounded without
prejudice to the imposition of penalties and fines under the
provisions of RA No. 4136 and Davao City Ordinance No. 778, if
applicable;

Section 5. Separability Clause. If any part or provision of this

Order is held unconstitutional or invalid, other parts or
provisions thereof which are not affected shall continue to
remain in force and effect.

Section 6. Effectivity. This Executive Order shall take effect

immediately upon signing hereof.
Strict observance and implementation of this Order is hereby
enjoined.
Done in the City of Davao, Philippines, this 29th day of
October, 2013.

(Sgd.) RODRIGO R. DUTERTE

City Mayor
Who is allowed to confiscate my license?
MAR 29 BLOG

Last year my wife was pulled over for making an illegal turn.
She had forgotten her license in the other car. Being a
foreigner, the enforcer was asking for an outrageous amount. So
she called me and gave the phone to him. I asked him what the
problem was and he said that she doesnt have a license. I
explained that she does indeed have a valid drivers license but
that she failed to carry it, which carries a fine of 1,000
pesos, and asked him to kindly write her the appropriate ticket

He said he couldnt because he needs to confiscate the license

first.
You can imagine the awkward silence that followed. I tried
pointing out the painfully obvious, but I could almost see the
buffering symbol spinning on his forehead. He just couldnt wrap
his head around it. He insisted that the penalty for failing to
carry a drivers license included confiscation of drivers
license. Yes, you read that correctly.
Rather than try and explain the basics of logic, I told him that
under Republic Act 4136, only the LTO can confiscate a license.
He insisted that the Makati City government have a Local
government code that allows them to confiscate licenses. I had a
bit of time to kill so I cited section 62 of Republic Act 4136,
that clearly states that No city council can enforce a
resolution or ordinance that is in conflict with the LTO law.
Yes it was fun at first, but realising how long this game could
go on, eventually I told him that the dash camera that we had in
the car had recorded the whole situation and conversation so
perhaps I should just go down to the precinct and play the whole
recording and sort it out there. He wished me a merry Christmas
and let my wife drive off.
Now we should have just been happy at that. But it doesnt solve
the problem. Ok, maybe it solves my wifes, but not the real
problem, which is that city governments and village associations
are commiting a crime everytime they take your license. So I
challenged the Makati City Government to justify this.
In a letter addressed to me, dated last November 21, 2013, the
city legal officer pointed out that the local government code of
1991 has given local government units police powers, which is
an inherent authority of government to impose restrictions on
private rights for the sake of public welfare, order and
security
The law also empowers LGUs to implement their own traffic
management program, hence the enactment of the Makati City
Traffic Code of 2003. The code was later amended in 2011 to
impose stricter rules and penalties on drunk driving and other
violations.
The rest of the letter is nosebleed stuff, but suffice to say
that section 62, which clearly states that no city council can
enforce a resolution or ordinance that is in conflict with the
LTO law was indeed overturnedwhich is another way of saying,
nothing can can supersede this law except for another law that
says it can.
So, in a nutshell, to answer to the burning question: according
to the local government code of 1991, Makati, and any other city
that has amended their ordinances, can indeed confiscate your
license. Albeit in violation of a Republic Act. This, however,
is not the case for the MMDA and airport police, much less our
village security guards or homeowners associations that demand
you to surrender your license upon entry.
So as much as I appreciate the clarification (it was all I was
asking for to begin with) this sets a dangerous precedent
because it encourages a pizza parlor court systemRegional
Trial court, Court of Appeals, Supreme court and Super Supreme.
Lets not even get into the Managers Special.
Im not here to argue the lawthere are people who are paid a
lot more money than I am to do that for meI am only concerned
that these precedents cascade down and the lines get blurred
even further, creating all sorts of legal implications and
ridiculous confrontations, much like the one we saw in that
viral video of the airport police officer that smashed the
window of the taxi cab because the driver refused to hand over
his license.
Another thing is that RA 4136 clearly states that it is illegal
to drive without a license. And failure to carry a license A
crime it does make So now we have the issue wherein a local
government (or airport police officer) will confiscate a license
and hand the driver a ticket that acts as a license that is
only recognised in the city it was issued. In other words,
because each of the 19 cities of Metro Manila have their own
local government code, Taguig, as an example, have every right
to not recognize the TVR of Makati as a valid license and charge
you for failure to carry once you enter their jurisdiction. This
is precisely why a Philippine drivers license falls under a
Republic Act. Because its a national license. But hey, what is
a Republic Act between friends? Precisely that. An act.