Republic of the Philippines Province of Albay

Municipality of Guinobatan

OFFICE OF THE SANGGUNIANG BAYAN Tel. No. (052)484-6642; E-mail Add.: sbguinobatan@yahoo.com

EXCERPTS FROM THE MINUTES OF THE 29TH REGULAR SESSION OF THE

SANGGUNIANG BAYAN HELD ON AUGUST 18, 2014 AT 9:11 OCLOCK IN THE

MORNING AT THE SANGUNIANG BAYAN SESSION HALL, GUINOBATAN, ALBAY.

PRESENT: Hon. Julio S. Tingzon IV - Vice-Mayor & Presiding Officer Hon. Carlomagno P. Flores - Councilor Hon. Rolando P. Palbrica - Councilor Hon. Juris L. Villareal - Councilor

Hon. Frances John M. Oxales - Councilor Hon. Ryan B. Palomilo - Councilor Hon. Ricky S. Matza - Councilor Hon. Robert M. Baaga - Councilor Hon. Ma. Sofia O. Orpiada - Councilor

Hon. Jose M. Padilla - Councilor (ABC Pres.) ABSENT: None

MUNICIPAL ORDINANCE NO. 016-2014 IMPOSING THE PENALTY OF IMPOUNDING THE TRICYCLE UNIT OF OPERATORS/DRIVERS OF TRICYCLE-FOR-HIRE CONVEYING PASSENGERS WITHOUT THE NECESSARY MUNICIPAL TRICYCLE OPERATORS PERMIT (MTOP) DULY ISSUED BY THE SANGGUNIANG BAYAN OF GUINOBATAN, ALBAY. Proponent/Sponsor: Councilor Rolando P. Palabrica WHEREAS, by virtue of a valid delegation of power under Republic Act 7160,

otherwise known as the Local Government Code of 1991, the Sangguniang Bayan of

Guinobatan can regulate the issuance, amendment, withdrawal of franchise to

operators of Tricycle-for-Hire operating within its territorial jurisdiction;

WHEREAS, attached to such delegated power to issue franchise to qualified

applicants is the power to cancel the franchise whenever the franchisee is found unfit to

continue holding the privilege to operate and the right to impose stiffer penalty such as

the impounding of the tricycle units used for public conveyance without the necessary

Municipal Tricycle Operators Permit for the purpose of protecting the interest of the

lawful operators and of securing the safety of the riding public;

WHEREAS, the Task Force Kaayusan, now renamed as the Guinobatan Tricycle

Franchising & Regulatory Board, noted that on the day of its assumption to office only

500 franchise holders had renewed their franchises out of 1,314 registered franchises in

Guinobatan, Albay which means that more than of tricycle operators in Guinobatan

are operating without securing or renewing their Municipal Tricycle Operators Permit not

to mention the tricycle operators who deliberately operate without any franchise permit

or colorum;

WHEREAS, the above situation causes friction between and among drivers

whose tricycle units have the necessary permit on one hand and those having no

MTOP on the other hand., This fact, if not properly addressed would result to a serious

social disorder among drivers and would render inutile the franchising authority to the

Local Government Unit of Guinobatan;

WHEREFORE, in view of the foregoing premises,

BE IT ORDAINED BY THE SANGGUNIANG BAYAN IN SESSION

ASSEMBLED, THAT:

SECTION 1. ADMINISTRATIVE PROVISION. It is hereby declared unlawful the

conveying of passengers by way of tricycle by any person in the municipality without the

necessary Municipal Tricycle Operators Permit (MTOP) duly issued by the Municipal

Government of Guinobatan, Albay.

SECTION 2. AUTHORIZED PERSONS TO APPREHEND & IMPOUND

TRICYCLE UNITS. All personnel of the Guinobatan Traffic Management Office (GTMO)

and the Philippine National Police (PNP) are hereby authorized to apprehend any

person violating the above provision and to impound the tricycle unit being used in the

commission of the said unlawful act at a place to be designated by the Office as an

impounding area.

SECTION 3. PENALTY & DISPOSITION OF IMPOUNDED TRICYCLE UNIT.

Within 24 hours from the time of impoundment, the owner of the tricycle unit may claim

the same by paying the amount of Two Thousand Five Hundred Pesos (Php 2,500.00)

as penalty and to cover the cost of its safekeeping. Provided however that, after the

lapse of three (3) months when the owner of the tricycle failed to claim the unit, the LGU

of Guinobatan, through the recommendation of the GTMO, shall subject the unit to a

forfeiture proceeding by way of public auction. The proceeds that will be derived

therefrom shall be distributed in the following manner:

30% - General Fund 35% - GTFRC 35% - GTMO SECTION 4. SEPARABILITY CLAUSE. If, for any reason/s, any part/s of this

ordinance shall be held to be unconstitutional or invalid, other part/s hereof which are

not affected thereby shall continue to be in full force and effect.

SECTION 5. REPEALING CLAUSE. Any ordinance or part/s thereof which are

inconsistent with any of the provisions of this ordinance are hereby repealed, amended

or modified accordingly.

SECTION 6. EFFECTIVITY. This ordinance shall take effect upon its approval.

ENACTED: August 18, 2014 on Third and Final Reading.

Voting on the Ordinance: In favor: All SB Members Present Not in favor: None

WE HEREBY CERTIFY to the correctness of the foregoing ordinance.

ROLANDO P. PALABRICA CHRISTOPHER O. PALEVINO

Proponent/Sponsor Sanggunian Secretary

ATTESTED:

JULIO S. TINGZON IV

Vice-Mayor & Presiding Officer

APPROVED: September 03, 2014

Date

ANN Y. ONGJOCO

Mayor