City Ordinance No.

March 22, 2021

REPUBLIKA NG PILIPINAS
TANGGAPAN NG SANGGUNIANG PANLUNGSOD
LUNGSOD NG SILAY

ORDINANCE NO. ____

Series of 2021

AN ORDINANCE DESIGNATING TRICYCLE LANES IN SOME

SELECTED NATIONAL ROADS AND HIGHWAYS WITHIN THE
TERITORIAL JURISDICTION OF SILAY CITY AND PROVIDING
PENALTIES AND APPROPRIATING FUNDS FOR THE PURPOSE

WHEREAS, Section 5, Article 2 of the 1987 Constitution, provides that:

“The maintenance of peace and order, the protection of life, liberty, and property,
and promotion of the general welfare are essential for the enjoyment by all the
people of the blessings of democracy”;

WHEREAS, Section 16 of RA 7160, otherwise known as the Local

Government Code, provides that:

“Every local government unit shall exercise the powers expressly

granted, those necessarily implied therefrom, as well as powers
necessary, appropriate, or incidental for its efficient and effective
governance, and those which are essential to the promotion of the
general welfare. Within their respective territorial jurisdictions, local
government units shall ensure and support, among other things, the
preservation and enrichment of culture, promote health and safety,
enhance the right of the people to a balanced ecology, encourage and
support the development of appropriate and self-reliant scientific and
technological capabilities, improve public morals, enhance economic
prosperity and social justice, promote full employment among their
residents, maintain peace and order, and preserve the comfort and
convenience of their inhabitants.”

WHEREAS, Section 458 (a) of the Local Government Code of the

Philippines provides that “x x x The Sangguniang Panlungsod, as the legislative
body of the City, shall enact ordinances, approve resolutions and appropriate funds
for the general welfare of the city and its inhabitants pursuant to Section 16 of this
Code and in the proper exercise of the corporate powers of the city as provided for
under Section 22 of this Code x x x”;

WHEREAS, with the above provision, the Local Government Unit of Silay
City does its best to provide its constituents a safe, economical, environmentally-
sustainable, and accessible road system as a basic infrastructure vital for the
efficient transport of people and goods, hence, its aim is to make national and city
roads be developed and used to effectively facilitate trave mobility;

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WHEREAS, DILG-DOTC JMC NO 01, Series of 2008 states that “Tricycle

operation should only be confined along city or municipal roads, not along national
roads, and is limited only to routes not traversed by higher modes of public
transport. However, the local Sanggunian may allow if there is no other alternative
route.”

WHEREAS, as held by the Honorable Supreme Court in the case of Land

Transportation Office v. City of Butuan, (G.R. No. 131512, January 20, 2000):
“The 1987 Constitution enunciates the policy that the territorial and political
subdivisions shall enjoy local autonomy. In obedience to that mandate of the
fundamental law, Republic Act ("R.A.") No. 7160, otherwise known as the Local
Government Code, expresses that the territorial and political subdivisions of the
State shall enjoy genuine and meaningful local autonomy in order to enable them
to attain their fullest development as self-reliant communities and make them more
effective partners in the attainment of national goals, and that it is a basic aim of
the State to provide for a more responsive and accountable local government
structure instituted through a system of decentralization whereby local government
units shall be given more powers, authority, responsibilities and resources.”

WHEREAS, as provided in the same case of Land Transportation Office v.

City of Butuan (supra): “LGUs indubitably now have the power to regulate the
operation of tricycles-for-hire and to grant franchises for the operation thereof. "To
regulate" means to fix, establish, or control; to adjust by rule, method, or
established mode; to direct by rule or restriction; or to subject to governing
principles or laws.”

WHEREAS, as contained in the Guidelines to implement the devolution of

LTFRB's Franchising Over Tricycles-For-Hire to Local Government Units
pursuant to the Local Government Code (R.A. No. 7160), no tricycles should
operate in national highways utilized by four-wheel vehicles greater than four (4)
tons and where normal speed exceeds forty (40) per KPH; however, the
Sangguniang Bayan/Sangguniang Panlungsod may provide exceptions if there
is no alternative route;

WHEREAS, Silay City, one of the largest cities in the 3rd District of the
Province of Negros Occidental, has a bustling and constantly-developing economy.
Hence, there is also a tremendous increase in its daily populace, consequence of
which is the influx of motorcycles and other vehicles in the City;

WHEREAS, the increasing number of tricycles greatly contributes to the

prevalent problem of traffic congestion in the City and consequently poses a great
risk to the safety of the motorists due to accidents/conflicts involving vehicles and
pedestrians;

WHEREAS, a Tricycle Route Plan was approved by the Sangguninag

Panlungsod of Silay City in its Regular Session held on _____________ through

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Sangguninag Panlungsod Resolution No. __________________, entitled

"____________________________________"

WHEREAS, there is an urgent need to establish tricycle lanes in some

selected national roads within the territorial jurisdiction of Silay City as a safety
road in order to act as a countermeasure solution to the increasing number of
motorcycles and vehicle-related accidents, especially in national roads, and for
smooth and orderly flow of traffic.

NOW THEREFORE, be it ORDANINED by the

______________________________________, in session assembled to enact the
following:

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

"TRICYCLE LANE ORDINANCE OF 2021.”

SECTION 2. DEFINITION OF TERMS. The following terms shall be

defined as indicated herein when used in this ordinance:

a. Community Service - shall refer to an alternative penalty, which the

offender shall render under the supervision of any implementing agency
assigned by the City Government of Silay, in lieu of imprisonment or
fine imposed by any Ordinance that has been violated.

b. Driver - shall mean every and any licensed operator of a tricycle-for-hire

tricycle for private use;

c. E-Bike or Electric Bike - a bicycle that can be run on electric power as

well as by pedalling;

d. Federation of Tricycle Operators and Drivers Association

(FETODA)- refers to the Federation of Tricycle Operators and Drivers
Association recognized by the City Government;

e. Inner lanes - refer to lanes that lie closer to the road center (e.g. closer to
the lanes that support traffic for the opposite direction) where tricycles
are not allowed to ply;

f. Intersection - refers to the place at which two or more roads cross;

g. Motorized Pedicab - refers to originally, a pedicab that is mounted with

a converted motorized engine operated to render transport services to the
general public for a fee;

h. Motorized Tricycle Operator's Permit (MTOP) - is a document issued

by the Sangguniang Panlungsod which grants a franchise or license to
operate to a grantee, allowing the latter to operate a tricycle-for-hire;

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i. National Roads/Highways/Bridges - shall mean every public

thoroughfare, public boulevard, avenue, main road, or bridge which is
kept and maintained by the National Government, in the City of Silay,
that connects to other towns or municipalities, but shall not include
roadways or bridges upon grounds owned by private persons, colleges,
universities or other similar institutions;

j. No Parking - means that a vehicle is not allowed to stop on the road at

any given time;

k. Outer Lanes - refer to the lane closest to the curb or road shoulder;

l. Pedestrian Crossings - refer to parts of roadways designated by

markings for pedestrian use;

m. Pedicabs - refer to small pedal-operated and non-motorized vehicles

composed of a bicycle fitted with a single-wheel side car or bicycle, with
a two-wheel sidecar operated to render transport service to the general
public for fee;

n. Regulated Roads/Bridges – shall refer to any alley, street, roads/bridges,

or any thoroughfare wherein this Ordinance shall be enforced as provided
herein;

o. Regulated Period – shall refer to the period within which this Ordinance
shall be enforced as provided herein.

p. Road Markings - refer to any traffic control device laid out or painted
on the surface of the road used to regulate traffic to warn or guide road
users;

q. Roadways - refer to all highways, streets, alleys, squares, arcades,

hallways or other passages for public use;

r. Sideways - refer to arcades, hallways, and ground level roadways

designated for pedestrian use;

s. Signals - refer to hand gestures, colored lights, sounds, and texts that
illustrate instructions for road traffic control such as go, caution, and
stop;

t. Tricycle – a motor vehicle composed of a motorcycle fitted with a

single-wheel side car or a motorcycle with a two-wheel cab;

u. Tricycle Lane – refers to the lane closest to the curb or road shoulder
where tricycles, whether for hire or private use, including those passing
through, traversing, and/or plying within the territorial jurisdiction of the
City, are allowed by this Ordinance to pass, cross, and/or traverse, and

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which lane shall have a maximum width of _____ meters from the curb
or road shoulder;

v. Tricycle-For-Hire - shall mean a motor vehicle composed of a

motorcycle fitted with a single-wheel side car or motorcycle with two-
wheel cab operated to render transport services to the general public for a
fee and are holding a franchise duly-issued by the City Government;

w. Tricycle-Not-For-Hire - shall mean a motor vehicle composed of a

motorcycle fitted with a single-wheel side car to motorcycle with two-
wheel cab operated to render transport services for personal/private use,
and explicitly marked in the front and back portion of the cab with the
words: “FOR PRIVATE USE ONLY”;

x. Tricycle Operators and Drivers Association (TODA) - refers to the

organization of tricycle operators and drivers recognized by the City
Government;

y. Vehicle lanes - refer to roadways with dividers, guard rails or markings

and other roadways for vehicles

SECTION 3. STATEMENT OF PURPOSE/S. The purpose of this Ordinance

is to establish tricycle lanes in some selected national roads within the territorial
jurisdiction of Silay City for road safety purposes, specifically for the following:

a. to give solution to the prevalent problems on vehicular-related accidents

in the City;

b. to ensure the safety of motorists and pedestrians as well as the

convenience of the riding public; and

c. to attain the smooth and orderly flow of traffic along national roads.
.
SECTION 4. DECLARATION OF POLICY. It is a policy of the City
Government to ensure that the right to travel of the general public on roads and
highways is convenient and safe, thereby regulating the use of all national
highways within the City, specifically for tricycles, thus:

a. The Office of the City Mayor through the Silay City Traffic Management
Division, in coordination with the Silay City PNP, Land Transportation
Office and other Law Enforcement Agencies, shall implement the
regulation of tricycles with regard to the use of the outermost lanes of the
national highways of Silay City;

b. Install appropriate traffic signage and road markings necessary to guide

and inform motorists of the implementation of “Tricycle Lanes”;

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c. Conduct continuous enforcement operations against illegal parking,

illegal vending, and any type of obstructions that impede the flow of
traffic along the designated “Tricycle Lanes”;

d. Monitor and evaluate the effectiveness of the implementation of this

Ordinance.

SECTION 4. SCOPE AND LIMITATION. This Ordinance shall be

applicable to all national roads/bridges within the territorial jurisdiction of Silay
City and shall apply to all tricycles used as modes of transportation, whether for
hire or private use, including those passing through, traversing, and/or plying
within the territorial jurisdiction of the City.

SECTION 5. REGULATED NATIONAL ROADS/BRIDGES.

a. It shall be unlawful for Tricycles-For-Hire, Tricycles-Not-For-Hire,

Motorized Pedicabs, Pedicabs, and/or E-Bikes or Electric Bikes to enter,
pass, cross, and/or to park as well as to load or unload cargoes in all
national roads/bridges, subject to certain exceptions as stated in below;

b. Only Tricycles-For-Hire and Tricycles-Not-For-Hire are allowed to pass,

cross, and/or traverse in the Tricycle Lanes of the following portions of
regulated national roads/bridges and only in the following periods/time,
to wit:

Regulated Roads/Bridges Period/Time Allowed to Pass

i. ___________________ ___________________

ii. ___________________ ___________________

iii. ___________________ ___________________

iv. ___________________ ___________________

v. ___________________ ___________________

vi. ___________________ ___________________

vii. ___________________ ___________________

i. ___________________ (only ___________________

when crossing ____________
going to
__________________________)
;

i. ___________________ (only ___________________

when crossing ____________
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going to
__________________________)
;

i. ___________________ (only ___________________

when crossing ____________
going to
__________________________)
;

SECTION 6. EXEMPTIONS. Tricycles belonging to the following

entities shall be exempted from the prohibition provided under Section 5(a) and (b)
hereof, to wit:

a. Those which are registered in the name of any government office,

agency, or unit including the Armed Forces of the Philippines, the
Philippine National Police, the Bureau of Fire Protection, the Bureau of
Jail Management and Penology, Philippine Postal Corporation, and other
motor vehicles duly marked as such;

b. Tricycles belonging to the City Government of Silay or that of the

Barangay, which is under the territorial jurisdiction of Silay City, duly
marked as such, and being used in furtherance of governmental
functions;

c. Tricycles carrying persons needing emergency and/or immediate medical

health services or assistance.

SECTION 7. PROHIBITED ACTS. Tricycles allowed to use the Tricycle

Lanes, as provided under Section 5(b) hereof are hereby prohibited from the
following acts:

a. When using the outermost lanes designated as “Tricycle Lanes”, tricycle

drivers must not exceed the maximum speed limit of ____ kilometers per
hour;

b. Tricycles are prohibited from going outside their designated “Tricycle

Lanes”;

c. Tricycles shall not be allowed to use the inner lanes unless turning left to
the next intersection. Provided, however, that they must signal their
intention to turn left at least 30 meters from the intersection;

d. Waiting/Standing or Parking within the “Tricycle Lanes” shall be

prohibited;

SECTION 8. OBSERVANCE TO TRAFFIC SIGNS AND TRAFFIC

LAW ENFORCERS.

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a. Every person shall at all times observe and comply with the instructions
of any traffic enforcer directing or controlling the flow of traffic;

b. Traffic signs installed along the road shall be observed by motorists at all
times;

SECTION 9. ENFORCEMENT. The Silay City PNP - Traffic

Management Division, under the supervision of the Silay City Traffic Authority
Board, shall undertake enforcement operations and may request assistance from the
Land Transportation Office and other Law Enforcement Agencies. They shall
likewise undertake the installation of traffic signs in all affected national highways
and to exhaust information drives regarding this Ordinance for effective
implementation.

SECTION 10. FUNDING. The amount necessary for the implementation

of this Ordinance shall be appropriated, after its approval by the Chief Executive.

SECTION 11. INFORMATION DISSEMINATION. The Silay City

Traffic Authority Board shall initiate Information Education Campaigns (IEC)
using different platforms targeted to inform the commuting public, tricycle
operators/drivers and other stakeholders. Further, copies of this Ordinance shall be
posted in conspicuous places in the City in order to cause its massive and widest
dissemination.

SECTION 12. PENAL PROVISION. Any person who violates any

provisions of this Ordinance shall be punished in accordance with the following
schedule of fines and penalties:

First Offense – a Fine of One Thousand (P1,000.00)

Pesos
Second Offense – a Fine of Three Thousand (P3,000.00)
Pesos
Third Offense - a Fine of Five Thousand (P5,000.00)
Pesos and/or imprisonment of not less
than Seven (7) days but not more than
One (1) month, at the discretion of the
court.

In addition to the above-stated penalties, a penalty of One (1) month

suspension of Franchise, Business or Mayor’s Permit shall be imposed to the
juridical person/entity who owns the vehicle used in violating this Ordinance.

In all cases, the vehicle used in violating this Ordinance shall be towed and
impounded by the traffic authorities and shall only be released after the payment of
the corresponding fines/penalties as well as the necessary towing and
storage/impounding fees.

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Violation of this Ordinance is without prejudice to any act that the violator
may have committed which is punishable under the Revised Penal Code and other
pertinent law, rules and regulations.

SECTION 13. COMMUNITY SERVICE

a. In case of inability to pay the fine, the violator may render community
service as an alternative penalty, in lieu of imprisonment or fine imposed
by this Ordinance.

b. The Punong Barangay where the violator resides, shall determine the
kind of community service that will be required to the violator and shall
administer the same

c. Within five (5) days after the completion of the community service, the
Punong Barangay, shall issue a Completion Certificate to the violator and
submit the same to the apprehending officer, which shall consider the
case closed.

d. Non-completion of the community service, as certified by the Punong

Barangay, shall be deemed as waiver on the part of the violator to avail
of community service, as an alternative penalty, and the case shall
proceed accordingly. The apprehending officer shall have the case filed
with the City Prosecutor's Office, attaching an Affidavit indicating
therein that the violator failed to pay the fine and did not avail of the No
Contest Provision as well as the fact that the availed community service,
as an alternative penalty, was not completed.

e. The provision on community service can be availed of only for three (3)
times by any violator.

SECTION 14. LIMITATIONS. Community service as an alternative

penalty shall be imposed to any person for violation of any City Ordinance with
the following schedule of the number of hours below:

No. of Hours of Community Service

Amount of Penalty
Not more than Php1,000.00 Eight (8) Hours

More than Php1,000.00 but not more

Sixteen (16) Hours
than Php3,000.00

More than Php3,000.00 Thirty two (32) Hours

SECTION 15. Community service as an alternative penalty shall be availed

only by a violator of this Ordinance who does not contest his/her violation.

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SECTION 16. SALE OF UNCLAIMED IMPOUNDED VEHICLES. All

motor vehicles impounded by law enforcement officers in violation of this
Ordinance, which, after a period of three (3) months from the date of its seizure
have remained unclaimed or whose real owners could no longer be determined or
established because the original numbers of the motor engine or chassis numbers
could no longer be determined and restored, are considered as abandoned motor
vehicles and shall be sold and disposed of by the City Treasurer in a public
auction; Provided, that, in all cases before any public auction is effected, there
shall be published once a week for three (3) consecutive weeks in a newspaper of
general circulation within the province or in the place where it was seized or
impounded, a description of the motor vehicle intended to be auctioned with a
notice that after the lapse of one month from the date of the last publication, should
no person file a claim for the recovery of the same, said motor vehicles will be sold
at public auction; Provided, finally that the date and place of the public auction to
be conducted by the City Treasurer or his authorized representative shall already
be fixed in the last publication aforementioned.

SECTION 17. PROCEEDS OF THE SALE. After the public auction, the
proceeds shall be applied to answer for charges including storage and cost of
publication and related expenses incurred in connection therewith; provided, that,
the remainder, if any, shall form part of a Trust Fund that will be used to defray the
cost of operations of the Silay City PNP - Traffic Management Division, upon
determination by the Silay City Traffic Authority Board on how the trust fund is to
be utilized in furtherance of this Ordinance.

SECTION 18. SHARING OF PROCEEDS FROM THE

ADMINISTRATIVE PENALTIES. The amount of the corresponding penalty
paid by a violator to the City Treasurer shall be apportioned where the equivalent
of ten per cent (10%) shall accrue to the apprehending officer or deputized enforcer
as an incentive. The remainder of the proceeds from penalties collected as payment
by violators, after deducting the amounts that shall accrue to the apprehending
officers or deputized enforcers, shall form part of the abovementioned Trust Fund.

SECTION 19. IMPLEMENTING RULES AND REGULATIONS. The

Silay City Traffic Authority Board is hereby authorized to issue implementing
rules and regulations which are necessary in furtherance of this Ordinance.

SECTION 20. SEPARABILITY CLAUSE. If for any reason, any

provision, section, or part of this Ordinance shall be held to be unconstitutional or
invalid, other parts or provision thereof which are not affected shall continue to be
in full force and effect.

SECTION 21. REPEALING CLAUSE. All ordinances, rules and

regulations, or part thereof, whose provisions are in conflict with, or contrary, to
the provisions of this Ordinance are hereby repealed, amended or modified
accordingly.

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SECTION 22. EFFECTIVITY CLAUSE. This Ordinance shall take effect

fifteen (15) days after its approval and publication in a newspaper of general
circulation.

ENACTED this ____________ day of _____________2021.

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