EXCERPTS FROM THE MINUTES OF THE 42^ND REGULAR SESSION OF THE 6^th SANGGUNIANG PANLUNGSOD BATCH 2016-2019 OF THE CITY OF TABACO HELD AT THE SESSION HALL, LOCATED AT THE SECOND FLOOR TABACO CITY HALL BUILDING ON APRIL 25, 2017.

Present:

Hon. Luis Renir B. Burce                                   Acting City Vice Mayor &

President Pro-Tempore & Member,

Hon. Sheina Marie C. Onrubia                              Floor Leader & Member,

Hon. John Gio Ong-Bongao                                           Member,

Hon. Roderick P. Martirez                                             Member,

Hon. Arnaldo B. Bragais                                                Member,

Hon. Raul Roi B. Borejon                                              Member,

Hon. Oscar R. Rocha                                                     Member,

Hon. Julio C. Azada Chua, Jr.                                        Member,

Hon. Hector D. Rodriguez                                             Member, &

Hon. Preciocisima B. Tanggo (Pres., LMB)                    Member.

Absent:

N         O         N         E

Acting City Mayor:

Hon. Nestor T. San Pablo                           City Vice Mayor & Presiding Officer

 Proponent:       HON. LUIS RENIR B. BURCE

   Co-Proponents:          HON. SHEINA MARIE C. ONRUBIA

                                  HON. JOHN GIO ONG-BONGAO

                             HON. ARNALDO B. BRAGAIS

                              HON. RAUL ROI B. BOREJON

                                 HON. HECTOR D. RODRIGUEZ

City Ordinance No. 016- 2017

AN ORDINANCE AMENDING SECTION 4, SECTION 6 (c), SECTION 10 (a), SECTION 16 AND SECTION 18 (2) OF CITY ORDINANCE NO. 022- SERIES OF 2002 OTHERWISE KNOWN AS “AN ORDINANCE PRESCRIBING THE REQUIREMENTS FOR THE GRANTING OF FRANCHISE FOR TRICYCLES AND SETTING THE GUIDELINES FOR THEIR OPERATION IN THE CITY OF TABACO”.

Be it ordained by the Sangguniang Panlungsod of Tabaco City in regular session assembled, that:

SECTION 1. Title – This Ordinance shall be known as “AN ORDINANCE AMENDING SECTION 4, SECTION 6 (c), SECTION 10 (a), SECTION 16 AND SECTION 18 (2) OF CITY ORDINANCE NO. 022-2002”.

            SECTION 2. Section 4 of Ordinance No. 022, series of 2002 is hereby amended as follows:

SECTION 4. Qualifications of an applicant for a tricycles’ franchise. All applicants for franchise to operate a tricycle as a public utility must possess the following qualifications.

1. A Filipino Citizen, and if a juridical person, 100% of the capitalization of which shall be owned and held by Filipino Citizens;
2. A bonafide resident of the City of Tabaco for not less than one (1) year at the time of the filing of his application;
3. Must not be less than eighteen (18) years old;
4. Financially capable of maintaining the operation of tricycle (s) and answering or shouldering any liability that may arise in the course of the operation of the said tricycle(s);
5. If a cooperative, a duly registered tricycle or transport cooperative;
6. Must attend the seminar on traffic rules and regulations.
7. Certification from Punong Barangay attesting as to the existence of a space to be utilized as garage for the tricycle unit(s).

SECTION 3. Section 6 (c) of the said Ordinance is hereby amended to read as follows:

            SECTION 6. Attachments to franchise Applications. The following shall be attached to every application for a franchise:

1. Proof of Filipino Citizenship such as, but not limited to, birth certificate, naturalization papers or voter’s affidavit/voter’s I.D.;
2. Appropriate proof of continuous residence in the City of Tabaco of not less than one (1) year at time of the filing of application;
   1. A certificate as to the applicant’s continuous residence, containing his full name, exact address, number of months of actual residence (if less than one year), age and citizenship of the applicant and the purpose of the certification, issued by the Barangay Captain of the applicant’s Barangay of present residence. If the applicant has less than One (1) year residence in the Barangay or Barangays within the City of Tabaco, then the applicants shall secure a certification/s from the Barangay Captain(s) of his previous residence(s) until the one (1) year minimum residence requirement is met;
   2. In the case of juridical persons, their Mayor’s permit, business tax Receipt and Community Tax, all for the current and immediately preceding year, in addition to proof of one (1) year minimum residence in the City of Tabaco, all investors or stockholders and their Certificate of Registration with the Securities and Exchange Commission (SEC), and other concerned agencies. One (1) year shall start from date of registration as corporation;
3. Proof of ownership of tricycle unit(s) as contained in the application are follows:
   1. For brand new unit(s) Tricycle
      1. Certificate of Registration (CR) and Official Receipt (OR) from Land Transportation Office (LTO).
   2. For second hand unit(s) Tricycle
4. Deed of Sale.
5. Clearance from Traffic Management Group (TMG).

• Official Receipt (OR) from authorized collection agency where the unit(s) is registered for the previous year.
  3. For second hand unit(s) Pedicab

1. Deed of Sale.
2. Waiver of franchise from the legitimate owner.

• Official Receipt (OR) from the City Treasurer’s Office (CTO) where the unit(s) is registered for the previous year.

1. Certification as to the safety and roadworthiness of the applicant’s tricycle unit(s) for which he is applying a franchise to operate, issued by the City Engineer of Tabaco;
2. Certification from the Prosecutor’s Office of the City of Tabaco, that the applicant has not been convicted for violation of any traffic laws and/or City Traffic Ordinances;
3. Income Tax Returns for the preceding year, or any additional proof such as, but not limited, to the statement of assets and liabilities, or statement of income and expenses for one (1) year, that the applicant is financially capable of operating the tricycles and shouldering any liability that may arise in the course of the operation of the tricycles;
4. In the case of cooperatives, corporations and partnerships, a copy of the Articles of Corporation, and/or Articles of Incorporation or Partnership, as the case may be, as approved by the Securities and Exchange Commission (SEC) and/or the appropriate government agency, provided that 100% of the capitalization is owned and held by Filipino Citizen;
5. Certification that the applicant attended a seminar on traffic rules and regulations conducted by the Office of the Tabaco City PNP.

SECTION 4. Section 10 (a) of the said Ordinance is hereby amended to read as follows:

SECTION 10. Unit Identification and Passenger Rate.

1. Motorized tricycles/pedicabs operating in the City for public utility shall prominently display in the front and back outside portion of the tricycle sidecar, and inside of the sidecar facing the passenger seat the following:
2. City Registration Number
3. Parada Number

• Route of the unit, and

1. Name of the owner/operator of the unit

The City Registration Number shall be identical with the number of the City Sticker issued upon payment of the annual registration fees. The City Registration Number issued to each tricycle or pedicab shall be permanent, but shall, upon renewal be provided with stickers.

1. A parada color coding shall be adopted and painted on the tricycle sidecar of all for hire tricycles authorized to operate within the City to distinguish them from those of other paradas.
2. For purpose of uniformity and control, no person(s) and/or operator(s) shall be allowed to paint or cause the painting of the sidecar number and the color code unless duly authorized and/or supervised by the City Engineer or his duly authorized representative.
3. Tricycles for public utility without the current City Sticker and/or City registration number shall be impounded by the City PNP and an impounding fee of P30.00 per day per unit shall be collected aside from the penalty provided in this Ordinance. The impounding fee shall be paid directly to the City Treasurer’s office and the impounded unit(s) may be released upon presentation of the official receipt in payment thereof.
4. The number of adult passengers to occupy the tricycles shall not exceed five. Holders of Tricycle Operator’s Franchise Certificate must carry a common carriers insurance sufficient to answer for any liability it may incur to passengers and cargoes, in cases of accidents.
5. No driver/operator of tricycles for hire or for private use shall allow any or passenger to ride on or occupy the rear of the driver’s seat of more than two (2) and neither shall he allow any person to hang on to or ride on the rear baggage carriages of the said vehicle;
6. All tricycle for hire operators shall display the approved fare rates in a conspicuous place inside the side car or body of the tricycle.
7. All drivers of motorized and pedicabs for hire must wear an identification card issued by the City Treasurer’s Office (CTO).

SECTION 5. Section 16 of the said Ordinance is hereby amended to read as follows:

            SECTION 16. Motorized Tricycles Special Routes. Operators of motorized tricycles from adjacent municipalities may operate within Tabaco City, provided the following requirements and conditions shall be complied and strictly followed:

1. Motorized Tricycles Operator’s Franchise (MTOP) from their respective municipality.
2. Barangay Clearance.
3. Police Clearance.
4. Official Receipt (OR) from Land Transportation Office (LTO).
5. Certificate of Registration (CR) of Motorcycle.
6. Certification from the Parada Officials
7. The Applicant shall pay to the City Treasurer’s Office (CTO) the following fees:
8. Motorized Tricycle Special Routes Fee- One Hundred Fifty Pesos (₱ 150.00) per unit.
9. Mayor’s Permit Fee One Hundred Pesos (₱ 100.00) per unit.
10. The following conditions shall be abided by the permittee in their operation within the City of Tabaco, to wit:
11. The permittee shall only unload passengers within the loading zones provided by the City, and after unloading, the tricycle shall directly proceed to their designated Tambakan/Pick-up Station.
12. The permittee is strictly prohibited to pick-up passenger(s) whose destinations are not within their respective routes. Passengers as herein referred to are intended for the Tabaco City franchise holder with respective routes and Tricycle Operators and Drivers Association (TODA).
13. The permittee shall strictly adhere to the guidelines and standards as provided under Department of Interior and Local Government (DILG) Memorandum Circular (MC) 2007-01 which was reiterated by DILG-MC 2011-68.

16.1. Provided, reciprocal privileges shall be granted to Tabaco City resident- owner(s)/operator(s) of motorized tricycles in the adjacent municipalities.

SECTION 6. Section 18 (2) of the said Ordinance is hereby amended to read as follows:

SECTION 18. Qualification of a Pedicab Driver.

1. No driver of pedicab or other similar vehicles shall be permitted to operate or drive any of said vehicles unless he possesses the following qualifications:
2. A Filipino Citizen;
3. Not less than 18 years of age;
4. A duly licensed driver or a possessor of a valid driver’s permit issued by the City Treasurer’s Office;
5. Had attended a seminar on Safety and Traffic Rules and Regulations conducted by the City Engineering Office and the Tabaco City Philippine National Police office;
6. Not suffering from any mental and/or physical defects, contagious and communicable disease(s);
7. Can read and write;
8. He possesses a police clearance issued by the Tabaco City PNP, Court Clearance and Barangay Clearance.
9. Application and issuance of a Pedicab Driver’s permit shall be at the Traffic Regulation Division (TRD).

SECTION 7. Repealing Clause – All Ordinances, Resolutions, Executive Order (EO) and other Issuances inconsistent with the provision of this Ordinance are hereby repealed or modified accordingly.

SECTION 8. Effectivity Clause. This Ordinance shall take effect on January 1, 2018.

APPROVED.

We hereby certify to the correctness of the foregoing Ordinance.

 (Sgd.)

               LUIS RENIR B. BURCE                             SHEINA MARIE C. ONRUBIA

                           Proponent                                                                Co-Proponent

            JOHN GIO ONG-BONGAO                               ARNALDO B. BRAGAIS

                         Co-Proponent                                                            Co-Proponent

            HECTOR D. RODRIGUEZ                                 RAUL ROI B. BOREJON

                         Co-Proponent                                              Acting Chairman to the Session

ATTESTED:

GLENDA B. PANTI

Secretary to the Sangguniang Panlungsod

                                                                        APPROVED:

NESTOR T. SAN PABLO

Acting City Mayor