mun. ord. no. 018-2014.pdf

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  • Republic of the Philippines Province of Albay

    Municipality of Guinobatan

    OFFICE OF THE SANGGUNIANG BAYAN Tel. No. (052)484-6642; E-mail Add.: [email protected]

    EXCERPTS FROM THE MINUTES OF THE 31st REGULAR SESSION OF THE

    SANGGUNIANG BAYAN HELD ON SEPTEMBER 01, 2014 AT 9:35 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. 018-2014 DECLARING PORTION OF P. PATERNO STREET RIGHT IN FRONT OF OLOYAS BAKERY AND BESIDE LCC GUINOBATAN AS ADDITIONAL DESIGNATED PARADA FOR TRICYCLES-FOR-HIRE. Proponent/Sponsor: Councilor Rolando P. Palabrica WHEREAS, designation of parade for Tricycle-for-Hire is designed to attain an

    orderly parade in the Municipality of Guinobatan and for the purpose of providing the

    riding public a safe & convenient loading and unloading zone;

    WHEREAS, the sudden rise of tricycle units from a mere 500 units five years ago

    to 1,300 plus this 2014 have made some designated paradas over-crowded;

    WHEREAS, to resolve the foregoing problem necessitates the identification of

    other viable places that would serve as an extension for displaced tricycle units from the

    over-crowded loading and unloading zones;

    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 as an

    additional parada of Tricycles-for-Hire the portion of P. Paterno Street right in front of

    the Oloyas Bakery and beside LCC-Guinobatan.

    SECTION 2. SCOPE AND COVERAGE. The coverage of this ordinance is

    limited only to the 33 tricycle operators who petitioned for its declaration. These

    operators who want to transfer or enlist themselves in this parade must possess all the

    qualifications and none of the disqualifications prescribed under Section 4 to Section 6

    of the Guinobatan Tricycle Code of 1999, as amended, and shall secure clearance for

    money or property accountability from their present parade duly signed by the parade

    president.

  • SECTION 3. PARADA COLOR AND NUMBER. For identification purposes, the

    body of the tricycle units in this parada must painted with color yellow on its upper part

    and with color blue on its lower part. This parada shall be known as Parada 4, being

    previously dissolved for lack of tricycle units operating towards barangay Malabnig, this

    Municipality.

    SECTION 4. ROUTE. Since the main source of passengers in this parada are

    customers of LCC-Guinobatan whose destinations are indefinite, the drivers may

    convey passengers at different destinations except for the upland and mayon unit

    barangays such as Masarawag, Mauraro, Sinungtan and the like. Tricycle drivers who

    are about to transport passengers bound for mayon unit and upland barangays shall

    convey the passengers up to their legitimate paradas only and turn-over them to the

    legitimate drivers of the concerned parada.

    SECTION 5. LIMITATION. Consistent with the ordinance providing for a 5-Year

    Moratorium on the awarding of additional franchise, this parada is likewise fixed at 33

    Tricycle Units only for 5-Years. Provided however, in cases of death of operators,

    surrender or cancellation of franchise, as the case may be, the same shall be granted to

    qualified applicants preferably to an immediate member of the family or to those

    recommended by the previous franchise provided the qualifications required under the

    Tricycle Code of Guinobatan are met.

    SECTION 6. PENALTY CLAUSE. Any driver and/or operator of Tricycle-for-hire

    found violating the provisions of this ordinance especially Section 4 hereof, shall pay the

    following fines:

    a. 1st Offense - Php 500.00

    b. 2nd Offense - Php 1,000.00

    c. 3rd Offense - Php 2,500.00

    SECTION 7. TRANSITORY PROVISION. Upon effectivity of this ordinance, the

    33 Tricycle Operators, as the originators of this parada, in coordination with the

    Guinobatan Franchising and Regulatory Committee, shall organize themselves and

    register their organization with the Security and Exchange Commission and apply for

    membership with the GUIFTODA, the duly recognized Federated tricycle Drivers and

    Operators Association of this municipality.

    SECTION 8. SEPARABILITY CLAUSE. If, for any reason/s, any part/s of this

    Ordinance shall be held to be unconstitutional or invalid, other parts or provisions hereof

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

    SECTION 9. 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 10. EFFECTIVITY. This ordinance shall take effect upon its approval.

    ENACTED: SEPTEMBER 01, 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: Sept. 05, 2014

    ANN Y. ONGJOCO

    Mayor