Republic of the PhilippinesProvince of AlbayMunicipality of Guinobatan

OFFICE OF THE SANGGUNIANG BAYAN

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG BAYAN OF GUINOBATAN HELD ON JANUARY 22, 2007 AT 9:00 OCLOCK IN THE MORNING.Present:Hon. Generoso Alejo P. Villareal- Vice Mayor/Presiding OfficerHon. Stephen O. Ocfemia- CouncilorHon. Ruben P. Olavario- CouncilorHon. Rolando P. Palabrica- CouncilorHon. Christopher O. Palevino- CouncilorHon. Ronaldo S. Realuyo- CouncilorHon. Nelson R. Yap- CouncilorHon. Julio S. Tingzon IV- Councilor (on leave)Hon. Noel T. Calanza- CouncilorHon. Sofia O. Orpiada- Councilor

Absent:Hon. Gloren P. Naparato- Councilor (SKF Pres.)

SB ORDINANCE NO. 01 2007

AMENDING THE HEREUNDER ENUMERATED PROVISIONS OF THE GUINOBATAN TRICYCLE CODE (GTC) OF 1999, AS AMENDED.

Be it ordained, by the Sangguniang Bayan of Guinobatan, Albay in session assembled that:

Section 1. SECTION 2: - COVERAGEThis ordinance shall apply and govern the issuance/acceptance of drivers permit for tricycle for hire and the issuance/granting of franchise/Tricycle Operators Permit (TOP) and the regulation of the operation of the tricycle for hire in the Municipality of Guinobatan pursuant to the provisions of Republic Act No. 7160, otherwise known as the Local Government Code of 1991;

Tricycles owned by private individuals either for cargo (Kabal-kabal) or private passenger or school service use shall likewise be governed by this ordinance.

Section 2. SECTION 3: - DEFINITION OF TERMS is hereby amended with the addition of some terms, to wit:

v. Kabal-kabal is a motorcycle with sidecar attached but is without a roof and is purposely used for transporting cargoes, which under this ordinance shall be used for private business only.

w. school service as used in this ordinance, is a private tricycle primarily used for transporting of children of the operator to and from the school.

Section 3. SECTION 6: - APPLICATION REQUIREMENTS is hereby amended with the addition of another paragraph as follows:

j. BIR clearance

Section 4. SECTION 9: - LIMITATION ON ISSUANCE OF FRANCHISE:

a. The limit on the number of franchise to be granted by the Municipality of Guinobatan shall be based on the date of purchase of the motorcycle, hence all motorcycles purchased not later than November 30, 2006 only have been complied with by the applicant. However, the Sangguniang Bayan of Guinobatan, reserves the right to revoke or change this provision when public demand so requires, upon the recommendation of the Task Force Kaayusan.The period for applying for MTOPs for new applicants and the processing of such application shall begin on January 2, 2007 to March 31, 2007 only.

b. xxxx.

Section 5. SECTION 11, PARADA DESIGNATION, COLOR AND LOCATION, par. (d) is hereby amended to read as follows:

d. Old MTOP holders should paint the entire body of their tricycles with the color of the route they ply before they can renew their franchise. Likewise new MTOP grantees should paint their unit with the corresponding color of the route they are applying for entire tricycle before the can be registered as tricycle for hire.

This provision however, shall be implemented this coming 2008 renewal of MTOPs. Pending the painting of the entire unit, the earlier requirement of painting of the entire unit, the earlier requirement of painting around the windshield, with the color of the route they are plying, shall be followed. This moratorium however shall not apply to new MTOP grantees who shall cause the painting of the entire unit with the color designated for the route they are plying.

Section 6. that SECTION 12 (FEES) paragraph A is further amended to read as follows:

The Municipal Treasurer of his/her duly authorized representative shall collect fees in connection with the application or renewal concerning tricycle franchise, provided the applicant has shown clearances and attached pertinent papers required from concerned authorities with the following amount as annual fees, except for MTOP plate numbers which is a onetime payment unless required to be replaced and shall therefore pay for the same amount.

A. FOR APPLICATION/REGISTRATION:

a. Filing/Application Fee (Tricycle For Hire)-PhP200.00

Registration fee- 300.00 b. Mayors Permit- 50.00

c. Supervision Fee- 50.00

d. MTOP- 50.00

e. Certification on Safetiness and Roadworthiness - 25.00

f. Sticker - 25.00

g. Parking Fee- 200.00

h. MTOP Plate Number (2 pcs)- 300.00

Franchise due for renewal this coming January 2007 are likewise required to pay for MTOP Plate Number in the amount of Php 300.00.

Renewal shall be on the first 30 days of the Calendar Year. Surcharge of 25 % of the fees plus two percent (2%) monthly interest shall be imposed on late payment without prejudice to the cancellation of franchise upon the lapse of regulamentary period stated in the notice of cancellation issued by the Task Force.

B. xxx

C. xxx

D. DROPPING FEE:

Operators who wish to drop their franchise must surrender the same in writing, and signed by the operator, to the Task Force Kaayusan which shall issue the appropriate certification upon payment of a Php 100.00 dropping fee.

E. FEES FOR KABAL-KABAL, PRIVATE AND SCHOOL SERVICE:

Initial RegistrationPhP 150.00/ vehicleRenewal of Registration 100.00/ vehicleAnnual Inspection 50.00/ vehiclePlate number fee 300.00/ vehicle

Section 7. That SECTION 13: - is likewise further amended to read as follows:

All revenues derived from this ordinance, including fines and penalties, shall accrue to the following:

General Fund 80%; 20% shall be automatically appropriated. For the operational expenses of the Task Force Kaayusan. Provided, that only 80% of the 20% shall be appropriated automatically to the Task Force Kaayusan while the remainder or 20% shall be used for parking area development to be determined by the Task Force and the concerned paradas. Section 8. That SECTION 20: - ENFORCEMENT:

The Guinobatan PNP, the Traffic Aides of this municipality, Officers and members of the Task Force Kaayusan, Parada officers in the respective paradas and barangay officials, especially the BPOs, in their respective jurisdictions, are hereby deputized to effectively enforce this Ordinance.xxxxxx

Further, to effectively enforce the penalties prescribed in this ordinance, the Chief of Police is hereby authorized to file the appropriate charges in the proper courts.

Section 9. That SECTION 22 (Posted Fares/Schedule of Fares), a portion of which is hereby amended as follows:

PLACE OF PARADACOVERED ROUTESREGULAR FARESTUDENT FARESENIOR CITIZEN

F. Andres Bonifacio St.

Corner Ofracio St. Parada 101. Masarawag 9.507.507.25

2. Maninila12.508.758.75

3. Doa Tomasa9.507.257.25

4. Muladbucad Pequeo16.5012.2512.25

5. Bubulusan16.5012.2512.25

6. Muladbucad Grande16.5012.2512.25

G. Parada 11

(A) Mauraro SieteCorner Ola Rd.6:00AM-6:00 PM

(B) M.H. del PilarCorner A. Paulate St.6:00PM-6:00AM1. Doa Mercedes16.0012.0012.00

2. Malobago18.0013.5013.50

3. Malipo20.0015.0015.00

4. Sinungtan22.0016.5016.50

5. Gumian25.0018.7518.75

Provided, that in the case of Parada 11, tricycles shall be limited to plying the above-enumerated routes from Poblacion only after 6:00PM to 6:00AM of the following day and except in cases of emergency. Between 6:00AM to 6:00PM, tricycles plying in these routes shall be limited only up to Mauraro Siete, conrner Ola Road, and the fare shall therefore be accordingly adjusted starting from a minimum of Php 6.50.

Section 10. That SECTION 23: - PENALTY CLAUSE: is further amended to read as follows:

All violators of the provisions of this ordinance shall be punishable by a fine of:

First Offense-PhP200.00

Second Offense-PhP 500.00

Third Offense-PhP 1,000.00

Succeeding Offense-PhP 1,500.00

Operators who are negligence in hiring unlicensed drivers shall likewise suffer the same schedule of penalty or fine as stated above.

Section 11. Repealing Clause. Any ordinance or parts of ordinance found inconsistent with provisions hereof is hereby repealed and/or modified accordingly.

Section 12. Effectivity. This ordinance shall take effect upon its approval.

ENACTED: January 22, 2007

WE HEREBY CERTIFY to the correctness of the foregoing ordinance.

NELSON R. YAPGENEROSO ALEJO P. VILLAREALSponsor Vice Mayor & Presiding Officer

ATTESTED:

ALICIA N. ARIOLASecretary to the Sangguniang Bayan

APPROVED: January 29, 2007

JUAN MITRE GARCIAMunicipal Mayor