1

2 Proposed Ordinance no. ______

3
4
5 INTRODUCED BY: AMALIAH SULTANBATAO
6
7
8 AN ORDINANCE PROVIDING REGULATIONS FOR THE OPERATION
9 OF PUBLIC TRANSPORT IN LANAO DEL SUR, PROVIDING
10 PENALTIES THEREOF AND FOR OTHER PURPOSES
11
12 WHEREAS, the 1987 Constitution provides that the maintenance of peace and order, the
13protection of life, liberty and property, and promotion of general welfare are essential for the
14enjoyment by all people of the blessings of democracy;
15
16 WHEREAS, Executive Order No. 202 s.1987 SECTION 7. Creation of Regional
17Franchising and Regulatory Offices. There shall be a Regional Franchising and Regulatory
18Office in each of the administrative regions of the country which shall be headed by a Board
19Regional Manager having the rank, salary and privileges of a Department Assistant Regional
20Director. The Regional Franchising and Regulatory Offices shall hear and decide uncontested
21applications/petitions for routes, within their respective administrative regions: Provided, That
22applications/petitions for routes extending beyond their respective territorial jurisdictions shall be
23heard and decided by the Board.
24
25 WHEREAS, the public transport particularly the tricycle-for-hire is an
26important part of the city and municipalities’ socio-economic endeavors since it provides the
27typical residents of Marawi City a means of transportation and mobility in doing day-to-day
28activities;
29
30 WHEREAS, tricycle-for-hire issues such as fare increase, ambiguous fare
31practices, and penalty fee regulations when not effectively resolved would cause a setback to the
32local government’s promotion of social welfare;
33
34 WHEREAS, Section 458 (a) (3) (vi) of the Republic Act No. 7160 otherwise known as
35the Local Government Code of 1991 empowers the Sangguniang Panlungsod and Sannguniang
36Bayan to regulate the operation of tricycles and grant franchises for the operation thereof within
37the territorial jurisdiction of the City, subject to the guidelines prescribed by the Department of
38Transportation;
39
40 NOW, THEREFORE , as lobbied by Amaliah S. Sultanbatao through the Sangguniang
41Panlalawigan , be it ,
42
43 RESOLVED, as it hereby resolved, to enact this ordinance
44
45
46 INTRODUCED BY: AMALIAH SULTANBATAO
47
48
49 AN ORDINANCE PROVIDING REGULATIONS FOR THE OPERATION
50 OF PUBLIC TRANSPORT IN LANAO DEL SUR, PROVIDING
51 PENALTIES THEREOF AND FOR OTHER PURPOSES
52
53
54Section 1: Short Title – This ordinance shall be known as “Transportation Fare Regulation
55Ordinance of Lanao Del Sur”
56
57Section 2: Coverage – All Municipalities in Lanao Del Sur including the City of Marawi.
58
59Section 3: Definition of terms – the words in this ordinance are used as defined as follows ;
60
61 a) Tricycle-for-hire - shall mean a motor vehicle composed of a motorcycle fitted with a
62 single-wheel side car or a motorcycle with two-wheel cab operated to render transport
63 services to the general public for a fee and are considered to be with franchise
64 sanctioned by the LTFRB and the Provincial Government.
65 b) Public Utility Vehicle – refers to a shared passenger-transport service which is
66 available for use by the general public, i.e franchised tricycle-for-hire, PUJ etc.
67
68 c) Fare Adjustment – refers to the systematic revision/increase/decrease and reasonable
69 implementation of a particular public transport fare based on reasonable grounds, as
70 agreed by all parties concerned; both the transport sector and the riding public.
71
72 d) Petition for Fare Increase – refers to the request or appeal of the public transport or
73 any riding public sector addressed to the LTFRB, to increase or decrease the existing
74 fares of the riding public for the approval of the Provincial Government of Lanao Del
75 Sur
76
77 e) Fare Matrix – Refers to a small publication of fare prices and the contact number/s of
78 LTFRB that shall be placed inside the Public Utility vehicles visible to the
79 passengers.
80

81 f) Permit – is a document granting franchise or license to a person, natural or juridical,

82 allowing such person to operate Public Utility Vehicle for hire over specified zones.
83
84Section 4: Discounts – All Public Utility vehicles shall provide 20% discount to the
85following persons, consistent to the existing laws ;
86
87 a) Students – as provided under RA 11314 or “Student Discount Act” section 5;
88 b) Persons With Disabilities (PWDs) – as provided under RA 10754 section 1
89 paragranph a sentence 6 and 7;
90 c) Senior Citizens – as provided under RA 9994 section 4 paragraph a sentence 5 and
91 6.
92
93Section 5: Declaration of Policy - It is the policy of Provincial Government to regulate
94public transportation as a viable way of promoting consumer welfare, thus, thru the creation of
95the Board, it shall oversee the implementation of public transport regulatory policies towards
96upholding the welfare of the riding public; it shall also exercise government intervention so as to
97protect the interest of the transport sector industry as a way of maximizing social welfare in all
98sectors of the Province.
 99
100Section 6: Creation of the Board – Each municipal and the city of Marawi shall establish the
101Municipal Tricycle Franchising and Regulatory Board and City Tricycle Franchising and
102Regulatory Board as well as LTFRB.
103
104Section 7: Objective – the MTFRB and LTFRB shall have the main objective in determination
105of Tricycle and PUV application, its suspension of cancellation, and fare adjustment subject to
106the approval of Sangguniang Panglungsod(for the City of Marawi) and/or Sangguniang Bayan .
107It shall ensure the protection of consumer welfare by making public transport fares affordable at
108all times. As such, it shall also safeguard the public against excessive charging that may be
109penetrated within the system of the transport sector in the Province of Lanao del Sur. The Board
110shall further help deter the practice of ambiguous public transport fares in the Municipalities and
111Marawi City which may lead to “fare evasion”, or conflicts between public transport
112operators/drivers and the riding public.
113
114Section 8: Composition of the Board - there is hereby created a municipal tricycle franchising
115regulatory board to be composed of the following;
116
117 Vice Mayor – Chairman
118 SB Chairman-Com. On Transportation & Communication - V-Chairman
119 Chief, Licensing & Inspection Section - Member
120 President-Tricycle Operator’s & Drivers Association - Member
121 Chief of Police – PNP - Member
122 SB Secretary - Member
123 Land Transportation Office (LTO) – Chief -Member
124
125Section 9: Functions, Duties and Responsibility of the Board ;
126
127 a) To approve and/or cancel Permit to the Sangguniang Bayan/Panlungsod.
128 b) Accept and process application for tricycle and PUV franchising
129 c) Recommend to the Sanggunian the reasonable fees and related charges in the
130 regulations of tricycle-for-hire and PUV after conducting a public hearing for that
131 purpose.
132 d) Promulgate rules and regulations for the proper enforcement of this ordinance which
133 shall continue to be in full force and effect until revoked or modified by the
134 Sanggunian.
135 e) Perform such other duties and functions as may hereafter be authorized by the
136 Sanggunian.
137 f) To serve as an advisory panel and recommend to the Sangguniang on matters relating
138 to the determination of public transport fares, including fare increases, accurate fare
139 adjustments, viable routes of service, zones, clusters and areas of the City, in line with
140 the existing policies, laws, rules and regulations of the Land Transportation
141 Franchising Regulatory Board (LTFRB), subject to a mandatory deliberation and
142 consultation of the public.
143
144Section 10: Prohibited Acts;
145
146 a) Overcharging – The driver of the PUV or Tricycle shall not charge more than the
147 standard price indicated on fare matrix, unless there is an agreement between the
148 driver and the passenger.
149 b) Illegal terminal – The drivers shall not create or establish any terminal without the
150 permission of the Board.
151 c) Breaking the Trip order- for the fairness, there shall be a “trip order” wherein the
152 tricycles and PUVs shall have a succeeding order of trip with a first come first serve
153 order.
154 d) Colorum – Operating without permit issued by the board shall be prohibited.
155
156Section 11: Penalties – Any violation of the provisions of this ordinance shall be penalized.
157
158 a) First Offense – one month suspension of Permit or a fine not more than five thousand
159 pesos (5,000)
160 b) Second Offense – five months suspension of Permit or a fine not more than ten
161 thousand pesos (10,000)
162
163 c) Final offense – Permanent suspension of Permit or a fine not more than twenty five
164 thousand pesos (25,000) or imprisonment of not more than one month or both fine
165 and imprisonment, at the discretion of the court.
166
167 The Drivers/PUV operators shall only be allowed to operate after the payment of
168 penalties.
169
170Section 12: Repealing Clause – All ordinances, rules and regulations, or parts thereof, whose
171provisions are in conflict with, or contrary to the provisions of this ordinance are hereby
172repealed, modified or amended accordingly.
173
174Section 13: Effectivity Clause – This Ordinance shall take effect one week upon its publication
175in Local Newsportals of Lanao Del Sur .
176
177
178
179
180Amaliah Sultanbatao
181Mulondo, Lanao Del Sur